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HomeMy WebLinkAbout2004-09-27 04-301 ORDERItem No.O4Jol Date: Seotemher 27 2004 Item/Subject: ORDER, Authorizing Execution of Grant Agreement with Maine Department of Environmental Protection to Develop a Watershed Management Plan for the PenjajaWOC Stream Responsible Department: Engineering Commentary: Over the past several years, there has been considerable development interest in the Stillwater/Hogan Penjajawoc Stream area. There has also been mr-eased awareness of the envinonmental value of the Penjajawac Marsh and Stream complex. In addition, new smnnwater regulations will be going Into effect In the near future. The City Engineer has been working closely with Maine DEP in the development of the new stomiwater regulations and discussion of issues healing to the Penjajawoc Stream area. It is clear that development of a formal watershed management plan for this area would be a valuable tool in balancing appropriate new development and assuming protection of natural resources, as well as achleving water quality improvement over time. DEP has made available, grant monies to undertake this task in conjunction with the Gry of Bangor. The attached Order would authorize execution of the grant agreement. A mpy of the agreement and additional background Information Is also attached. ., , Dep irtmenf Head Managers Comments: Recommend approval, as does Transportation and Infrastructure. Ory Manager Associated Information Budget Approval: Finance Director Legal Approval: City Solicitor X PaSage _ Firs: Reading Page _ of _ _ Referral Assigned to f cilox Gtatvick Septem ,Y27. 2004 CITY OF BANGOR (ITLE.) Order, Authorizing Execution of Grant Agreement with Maine Department of Environmental Protection to Develop a Watershed Management Plan for the Penjajawoc Stream By Cie Oty CotmOl of toe Oty ofeargor: ORDERED, THAT the City Manager Is hereby authorized and directed to execute a Grant Agreement with the State of Maine, Department of Environmental Protection to develop a Watershed Management Plan for the Penjajawoc Stream. A copy of the Agreement is attached. Itl CI1T 0009CI1 Septeoher 2). 1006 Mocfuv (lade avd Seconded for Yaasage Pala CITY CLESH e.k p 06-301 AABULV Authoririvg P ecutiov of Grant MBrrviromental Protectianato Develop a ] f A Yeniaiaau Street MEMORANDUM TO: Transportation and Infrastructure Committee FROM: lames D. Ring, Director - IDS SUB]ECF: Penjajavroc Stream Watershed Management Man DATE: September l], 2004 For the past two + years, I have been actively involved wit Maine DEP and a statewide Stakeholders Group to develop new Statestormwater regulators that satisfy requirements of the Federal Clean Water Act and provide an appropriate balance of protecting the environment and reasonably allowing development opportunity. One of the topics that has generated particular discussion through tis process is development .pressure in highly developed areas involving urban watersheds tat are considered impaired and are not currently meeting designated water quality classifications. The Stillwater Avenue/Penjajawoa Stream area is a prime example of this situation. Existing urbanize! watersheds having a high percentage of impervious areas typically include screams that do not meet water quality standards. Non -attainment is due to pollutants, low oxygen concentrations, and temperature impacts: Most existing development occurred when stormwater discharge regulations were less stringent or non-exismcm, and awareness and understanding of stormwater impacts has increased significantly in recent years. Consideration of potential new development In impaired (non -attainment) watersheds products viewpoints ranging from 1) allowing new development to occur under existing regulations to 2) prohibiting any new development In such areas. Both extremes are impractical. Mewpoint 1) would result in further degradation of a watershed, simply because that while new development can be designed to produce minimal stormwater impact, it cannot occur wit 100% surety tat - there will be zero impact Thls conflicts with a proviswn of the Federal Clean Water Act tat states that new development in an impaired watershed shall not cause or contribute to further degradation of water quality. Viewpoint 2) is also unreasonable because k would not result in any improvement In water quality and may actually result In further degradation of water quality because of ongoing Impacts due to existing development. Such a position would also encourage sprawl if new development moved to other areas/watersheds. This could also. lead todegmdabon of such watersheds over time. Both DEP and EPA recognize all these points. During the stormwater stakeholders process, i strongly advocated an approach tat would allow new development to occur in Impaired watersheds but with greater protective measures. Alm, m nominate and allow opportunity for such new development tb make bfisiti improvements elsewhere in the watershed tat would produce overall improvement In water quality over time 06_301 in order m comply with the Clean Water Act provisions. Additionally, I strongly believe that actual study and analysis of meters that resulted in non -attainment designations is very limited, and that detailed analysis of such watersheds is critical W understanding causes and developing Improvement s[ategles. After many months of discussing Issues, the proposed stormwater regulations now include provisions that would allow additional development in impaired watersheds with additional requirements generally summarized as follows: • Stormwater treatment and control measures in impaired watersheds are more stringent than In unimpaired watersheds. The larger the development project, the higher the level of control that is required. • Recognizing that 10M control is impossible, a provision W allow a developer W mitigate balance of impacts by contributing to a watershed improvement fund for offsite mitigation (only after complying with maximum on-site control measures, and in accordance with a specific contribution formula developed by DEP). Mitigation of impacts by financial contribution would only be allowed if a watershed management plan has been developed for the particular watershed. Such - management plan must include proposed Improvement measures and projects W improve water quality. • The watershed management plan may be developed! by DEP, a municipality, or stormwater utility district. It must be administered by either the municipality or other Independent agency such as a utility district. Mitigation funds must be utilized for Improvement projects within 10 years. EPA has agreed that this is an appropriate approach. I have been working very closely with DEP to undertake a pilotdemonstabon project W develop a watershed management plan for the Penjajawoc watershed. They have identified funding to help offset the expense of the Project and developed a grant and scope of work for the Penjajawoc Management Plan (coples attached). DEP is very anxious to work with the Cry and get started as soon as possible. The City's share will be largely comprised of in-kind services and will be funded from an existing stormwater management appropriation in the approved municipal budget. I believe this project represents a great opportunity for the City in that It will allow for fubhre development and expansion of our economic base, provide much greater technical knowledge and understanding of the Penjajawoc watershed (which I feel is very limited at present), and result in long term Improvement in water quality In the Penjajawoc Stream. Accordingly, I would respectfully request your support In moving this project forward. Full Council action will also be required to approve the grant. ]DR W2b1 Agreement Naber: DBPARTIv WOF FNVIItONMRN PROMMON Agmemant to Pmc eServices (319) = AGRHBMBNT is made tlt a 30th day of NY, 2004, by and l Wton the Stam of Maitre, Depen od of HnvironmeWal Promedon hemineQe calkd'Depaxmevt" and City of Bangor (Bangor), located at foe City Pm9neer's Office, Bangor CAy Hall, 73 Harlow Street, Bangor, Maine (04401), telephone nuvtber 207-9924250, heoei taf called "Hovidet', fox �e petiodliom daleof Agreement vgoiug to December 31,2W]. The Bmployezldeutificadm Number ofP deru0l-dam. WITNBSSHIH, that fof and of comidexafiov of the payments and ageemwu bereiaatte m need, to be made and famished by Ne Depv A, Provider her6by ogees wi toe Depen to famish all ct a ed pmel, facilioea, materials and services and is comuh m with toe Depsrmient to perform the Services, study, or projects descdhed in Rids A, read tench toe tetras Witlun dire Agt2 t, for to Jett 92003-34A, "Periiajawoc Stream Wafecshed Managemetlt Plao DevelopmenP'. 12e following Riders dm hereby incorporated Veno thio Agreem and made part of it by refeienu: Rids A - SpPcGra000s asces to be Provided RidtrB• Method ofply t and Otho Provisions. RiduC-Cavficaudvs. W WITNPSS VlIMMP, rhe Dqurmsnt and Provider, by the r duly aatbo d mpresemativea, have executed this Agre®®t in su otieimis as of the day above went®. DBPARTbLENT OP BNWIRONMBNTAh PROTBCIION Dawn GaBagh ,Co®iasiona CM OF BANGOR Primed Naas and Title cfP ider's authorized repreewtalive: Tatal Agreement Axiomt $19260.00 Approved: Btah Controller Chan, State Pdreh Review Commitee BP54—R sed IM3 (DMMA) A^dem p jcctII 003-34A Page l of 319 M-301 M AW C di forts U NPS Proje W e 03-3 :Agremev4jett ID%2W3-36A Pne2of9 319 06-301 RIDERA SPECIFICATIONS OF SERVICES TO BE PROVIDED L AGRI; M SUMMARY Foods are provided uo mthis Agreemew£or the provision oB funding a tompoiat source po➢utiou cmtrol project to assess, plan for mNor implement control a ntegiato prevent at rrduce water pontfim m Maine. The level of f®ding is detailed m Section SII., Service SueciScatimv4Palamavice Ooideliues below. The sources of lords and Compliance mqu'vem®a for this Agreem on follmv: A $19,2W from the federal Performance ParutersIn (Sm[, Catalog of Federal Domestic Aasiatmce (=A) 66.605. Use of Banda shaR be m accordance with reshictiom concaved m the appfopriate MA; with applicable pmvislads of'•Umform Administrative Regamotramts for Ormts" 40 CPR Pmts 30 or 31; with applicable federal OMB Cifetilars (see htto://www.whitelwuee.env/omNciwcularsliudezhterl for lin of fetlerel moulars); and with the te®e of thus -Agreement M REPORTING REGUf12EMENTS A Fro¢es5 Reports Provider agrees m subrmt semi-amwl Progress Report to each due date (November 15 and May -15) and tlfe.Deparimeut iecgves the Final Propect Report. Prog ess.onorts aummarias project activity v"su orawa wcreaema. The six month report periods are hnm November 1 to Aprih 30'md May 10 Oambw 31. Progress Reports. must be completed eccofdiag to catmt and format guidelines described m the Department donean, 'NPS amt Administrative Cndtlins'. The Dep uttomt win me Progress Reports to monitor Provider activities relatiug to the Project to holp ensure tbat work is than aucr&D9 to tbu Agreemem and tbat federal awards are aced for aumorized purposes. B. Fina1 Project R cn Provider agree to submit to the Depattmmt a Fv4 Pmjea Report to d000meat project work c®pljshmems, deliverables, fords expense and hoa-faeral march. Tors report must be completed acowneg to content and Rema[ gmdelmea descibed in Oe NPS(Bent Administrative( 'defines. C. OLer Resorts Provider agrees to submit such other reports or iafmmaea defined m Be Project work plan as a '•deliverable", or as may be requested by the Agreement Adm"mjsaavr to rea"smably fulfill the terms of Nis Agtewmi-' 11 M. SERVICE SPECIT+ICATIONS/ PERFORMANCE GUIDELINES Provider agressto Wnduct the activities and setvicn descdba m the Prgect work plau nM Temisiltcc Sawam Watershed Mam¢ement Plan Develoommt", vcofpo<aad met, this Agreermat m "Atnchmmt A' and also refeieaced as the •'Prbjecv% accardmg to the faoa A. Work Plan. Providei is respoouble fm ihWlemwting Ne Prjecti'ncludvgsll Project work plan rooks, schedmes, wm and dctivetablea. B.Bert Mam¢evmaPmetices.Whmcoamuction activitiessre acceptbythe theD workot. Pmtider ailluse Hest Mmagemevt Practices BMPs)recomaeudedby orotberwise acceptable to me Department. C. Daamrmot A¢reexnt Administrator. The Deparhoent wiB assign a stafffxas'm to serve as its Agreemat Admwstramr to provide or coordinate Depaf[meot emsultation with Provmm emHregaNmg Project implememutim. This person wJl serve as the Department's pfimazy contact with Ptovidu for Pf ject activities. TE6 Depamrent's Agreement Admirvstbaer stay cbnge A ore discretion of the Deparment m conditions waumt. hathat event, the Department shall notify Provider of the clouno Agreemeotprojeot WV"00334A Page 3 of 319 06-301 D. Provider PrriecC Comdmaror. Provider will assign an individual to senna as its Pmjecs Coordinator, in provide or c axonnate Provider's consultation withtbe Depemrent's Ageemeat Adtinisma[or regarding Project implementation. This Project Coordinator will save as Provider's primary cwtazt with the Department for Pmje aetivirtes and may be stmgeL by Provider onlr with prior notice to the Depa[tmeut. F. Acknowled¢emmx. Provider shill aclmawlesip t tDTaratiut and the USMiAm my mateiials, pres®[anions, or press releases produced relative to the Project Suggeste3 wording for this propose include: 'Thu_ is funded in part by to Mamsl) Pthroneth a US AlSonpant So=Gant under Section 319 of the federal Clean Water Au". W. AtmTTA QUIReMEI•r1's Federal regulations stipulate tat as audit is requued£or any subgrantee upenaing tom tan $500,000 in bards f om0 federil aources within aSsW yeaz the vern that an nnih is apart 3l, Subpart C. Section 31.2fi). Arvidai agrees to comply witrthis requ¢mevt mthe evem tatarauditu necessary relative Section 31.26, Prwidef agrees to meet tlu audit xequhemems of that section and td submitacopy of the audit reportmthe Depat[mmt TLis anditr ionmey be part0ithe ec, as ati neatly located dasseeven[, Oe Pottov(s)oF the audit repo6retnting to [M Projec[shall be bigbliglmed rasa mbereadily looted and assessed. ' • to : :aa a :• as u e a 1., AG1tEEh6+NP AMOUNT $19.260.0 2. PAYMENTS Paymems shall be admivigtoed as follows: Depattmem shall pay Provider bon allowable and verifiable grant costs tamed barwork pertolmed on tic Project. Deparlme nt will issue a paymeost if Provider erhbiu adequate compliance and performance according to t®s of this Agement. _ Department shall furnish Poveder wit the Payment Request Form to be used for requesting reimbmsemml and lot advances as provided for in this iiia. a. Pavteht on Reimbmement Rasis. Requests for reimbursement atiall be made no mote frequently. too every thirty (30)days. b. Payment an Advance Basis Initial Advance. A i initial advance mar ba made in the amount of the Provider's projected cash requirements, not to'exceeZ 3 months. H . fnterim Payments. Ater the initial advanu, Provides ogees to subinit the Paym®t Request Form as costs are maenad under [Itis contact. Srch requests sten tePort emulative exprmditures, cash on boost, and Providin's projected cash regwmmeots for Ne nut adverts period. Pravidermay request pagmenx no mole frequently dram mrvwy. Au advance period shall be m greamr than three (3) mmtlx. Advance paytents ate expected to be maaaoawr enpeeaea witmntee adwandePe+fna. c. Retained Fords.riqlDeparment shall retain t®percent (104)ofthe Agrem®t amount vvt theP Jemuco Plated to itssatisfaction. This retainedamowt absil.) paidto Prot's fining 1.)Department'sreceipt® all Proec dProvidles and mifor payment for thinamovm:and 2d aid is evt'a. tindm6[bat the FinN Project Report all Project deliverables, and matchdocvmenratov hes bxvautimil[ed and is satlsfaRory. _ Agmrment project m 02 34A Page 4 of 9. 319 I RerR�iela movida abaR maintain records deambmg and veaifyiog all Projea expenses, and stall make these records avUable forrevn:w to the Department or its agmt(s) open reasonable paint notice. 3. BENEFITS AND DEDUMONS EPtov tier u an maivub al, Provider understands and epees that Ulshe te an, bedependat cwtcaotor for whom no Federal m State Income Tax will be deducted by the Depactmesa% and for whom no rtunnaevt benefits, survivor benefit insucmoa, gaup We insurance, vacation and .sick leave, and simile benefits available to Sate employees will accrue. Provider father mdecstands that aanual 'mfo®aden Tenons, as regume l by We mmmal Revenue Code w State of Maim Income Tax Law, wid be filed by the State Conaoller with Ne lateanal Revenue Service and tae State ne Maine Bwaan of Revmos Sxvrcea, copies of wnicb will be furnished to Providafm hisNerincome Taxrecords. 4.INDEPEIVIiENT CAPACITY - In the Performance of ibis Agremm4 the Parties hereto agree tbat Provider, and any agents and employees of Provider, shall sot is the capacity of an indepeodmt Cdua tor and not m officers or employees or agents of the Stan:. 5, MPARTh7 W'S REPRESENTATIVE The Apeernent Administrator stall be the Depaxtmeaat's telaeammdve doming Re Period of this Agreem®t He/she has authority to entail sCrviss Unczssary m eusne PtoPer execm'on. Helshe shall certify to the Department wbm paymeuts coda the Agreement we due and toe unounta to be paid Hdshe shall make decisions on all claims of Paovida, subject to the approval of the Co>®issiona of the Deparmevt - 6: AGREEMENT ADMINISTRATOR All Progress tepotbo w ca eomepwdwce sod Ubavel" Agenorom from Provtdx shag be submitted to the care of MarAgeo Derma. who ts designated as me mbetsment's Apeemmt a Agneconent m bebaY of tM DeParmen[ fm this Apeemenf. See Itidet A.IRC for menti information 'regaNing We Aga®tint Admwsnamr. 7, CHANGESIN=WORR The Department may order changes in the work the Ageemeut Amount being adryared sete irEngly. Any mow+ay edjvstmm[ or my sobsantive change m the work shell be in the fn® M an -e dm®4 signed by both parties and approved by the Stam Pwchases Review Cmunni¢ee. Said am®dment must be eBl•ciive Prior to executm athe work- s. SUSAGREE ns Vdbs Provided fee ne tons Agreement no amanymnent shall be made by Provider with any other patty fm fumisWng my athe services herein coneactet for wiNoul the consent and approval of the Agreement AdUrderltor: Auy subapaement hxemda en[aed mm subsequent to the execctiao of this Apeement must be smotazed "approved" by the Agreement Admiruenner before it is reimbursable haemder. ]ens provision Will not be taken as requiring the approval of Apeement of employ°ut between Provider end its employees assigned for services ihefeuuder. 9. SURLg'n G ASSIGNIrf OR TRANSFER Prtnnchn shO not sublet, sen, transfw, assign a otherwise dtspoes of [lois Ageement or my porton tbaeof, or of As right one Or males( therew, without waitleu request' to and written consent of the Apeeioent Administrator. No sub -agreements as transfer of agreement shall in any case release Provider of its liability motet this Agreement to. - EaUAE bbmmoY n OPPORTUNITY During the performance of this Agreement Proeotdx agrees as follows: a. Provider shall not dismminate'against any employee or applicant for employment relating to Use Agteement because of race, color, religious Breed, sex, uatwal origin, anceaby, age, Physical or mwW disability, or sexual otimnoior, unless related to a bona Ede occupanwal quaEfCaliou. Provider oboe bake affirmative acten to maws (bat applicants are employed and employees are heated dnrivg Agreemery projx[IDtrL0o3-39A Pam5af9 319 - Ob -301' employtrcat, widwnt regard w tbeh race, color, religion, sex, age, national origin, physical or [anal disabtiry, or stud[ ooenration. Srch action shall include but not be li®tad to the folloasiag: employmem, upgrading, demotions, or transfers: mainout or maviavent advertiaingl layoffs or termivatioas; rarer of pay or otba forms of compensation; and aelention for training including appr®dwship. Provides agrees to post in ce groins places available m employees and applicants for employment notices setting forth the provisions of thu nmdam®natlon clause. b.. Provider shall, in all solicitations or advertising for employees placed by or on bebaif of Provider relating to tivs Areemeut, state that all qualified appilLciann alas receive considemtiou for employment without regard to race, color, religious Creed, sex, national origin, ancestry, age, physical or menml disability, or sexual orientation. C. provider shall sead.to each labor union in reprrsentatiie of the workem witta which it l u a collective bargainwg agreemeN, or ottiCr agreement or tmdersrmdiug, whereby it is Ravished onth labor for the performance of Oils Agaeaeut a notice to be provided by the Contracting ageacy, advising the said labor anion of workers'repmsevtetive of Anvidels con®itmem codex this section and shall post copies of the notice in cwspicuous places available to employees and applicants for ervployment d Prouider shall Worm dre contracting Deparaysosps Equal bmployvevi Opportunity coordinator of any dismmioatim complaints -brought to a t exmmal segulamry bodY (Maur Human Rights conation, EEOC, Office of Civil Rights) against their agmry by any individual as we0 as any lawsuit regarding alleged diso:iminaavy practice. - e. Providerahnt comply with all aspects of the Aw.ricans with Disabilities Act (ADA) in ehlployment and m the provision of service to mcluat accessibility and reasonable acco®Nalioaa for employees and clients. f. Contrectors and subcouttacnrie with Agreaceats an excess of $50,0(1) shell also puma an good faith affirmative aitimprogams. - g: Pxovide2 shell cause Ore foregoing provisons to be inward m any sub-agroirraat for my work covered by Oris Agreencnt so that such ptovisicna shall be binding upon each subcontractor, provided flat the foregoing provisions shall not apply to Agreements or sub-agieements for standard commercis supplies or raw matuials. Il: E OYMENTAN➢PERSONNEL Provider shall not engage any Person is the employ of my State Deparment or Agency is a position Wst would cohstiNce a violation of 5 MRSA § IS or 17 MRSA § 3104. - The - douhattor shall not engage m a MAime, pert -time or otb r basis doting the period of Ilia Agreement, any other Personae( wbo are or base been at any Into du:ivg the period of this Agteement in the employ of any Stats Deparanent ca Agency, except mgulady retired employees, Without the written consent of the Stale Purchases Review Committee. Purthex, Provider shall not engage m this project on a toll -time. Plan-fime or otbCr baso dmmg the Period a this Agreement my'retaed employee of the Dsperbnmt who las not bora reined for m least me year, without the written CQnscot of the State Purchases Review Committx. Provider shall cause the foregoing proe csis to be inserted m any mb-agmemeuf for my work covered by this Agreement so that Bach provisions shall be Binding upon each subcmnactor, providzd that fin fomgomg p vinoas shall not apply to Agreements w sub -agreement; fit standard commercial supplies or raw materials. 12. STATE EMPLOYEES NOT TO BENEFIT No individual employed'by the Stat at the time this AgeemeW is uatuted a' mY time mereafar aban be admitted to my slate m Paan of [Itis Agreement or to my benefit that might Ageemm4 projx[IDp2CO3-34A. Page 6 of 319 U4-301 arise therefrour directly or indirectly that would constitute a violation a 5 MRSA § 18 or 17 MRSA § 3104. No ower individual employed by me Such at The time this Agreement u arecated or my thew thereater shall be admitted to any share Or most of this Agreement or to my benefit that might wase therefrom ditectlY or indirectly doe to his emPloYment by Or financial merest in Provider or any affiliate of Provide, withwt the watch tweet of the State Purchases Review Committee. Provides shall cause the foagoiag pmviaoas to be inserted To my mbageement fon saw work covered by Thee Agreem-st so that curb provisions shall be bwdat; upon each subcautractor, provided that the fwegoiug proviscons shall not apply to Agreements orsub-agreements for seeded commercial supplies or raw materials. 13. WARRANTY provide warrants that it has not employed Or c=mmted with any company, or person, other than for assistance Toth the normal sandy and preparation of a proposal, TO solicit ox sewea this Agreameat and ma[ it has not Paid, or agreed m pay, my cohmmy or person, other thm a bona fide employee working solely for Provider, any fee, cor®a'siov. pe2entage, bMrmage fee, gifts, or my other co»iaamw, contiirgmt upon, Or ssduag mom the tins Agreement rtistlaemeac Fm baacbresvion TO otherwise Tummy, me JaRThermal of have fee tight to amid tela Agreement hype fee, ,gift, ry or, in its fee, discretion to bmervdse awvm @e fun amowt of ouch fee, romotivsion, percentage, brokerage form gifted=mgev[fee. 14, ACCESS TO RECORDS provide atoll maiataw, all books, dawwuts, payrolls, papers, accounting records and other evitleace pMainiag to this Agreemeat and make such materials available at its offrss at all reasonable tires doing the period of this Agreement and for such subsegoent period as specified under Maine Uniform AccowOng and Auditing Practices for Comm ratty Agencies (M ) rules. Provider shag allow mepecdoa of pertinent documeats by the Department or my authwiied'mlveseoative o£the Sena of Maine v pastoral GovemmevS and sb ill furnish copies Thereof S requested. , 15. TERMNAnON lie perfptmaace of week Tsar the Agrainent may be urm;vama by the Department in whole, Or in part, whenever fon may maaoh The Agreemeet Admimstrmor shad detee m e [bet such termmtion is in the bort mosses[ of tee Depmfinem. Any euch termination shall be efiecai by delivery to provider of a Notice of Thfoomati= specifying its s#mt a which petfmmmce of the work =der the Agreement is terminated and the shoo on which such tamiaatiw becomes effective. The Agreement shall be equitably adjusted to compensate for such mormatim and modified accordingly. 16: GOVERNMENTAL pthom EMENDS Pr6videt wmmms and represents mat a will comply with ell 6overdomml crdmances, laws and regWations. - 17. GOVEIiNA'G LAW This Agreement Shea be go4emed m allrespects by melaws, statutes, and tegulatiws of the United Swed of America and of the Sem of Maine. Any legal proceeding agaimt the State regarding this Agreement shall be brought in State of Mame admwiatretive or judicial forums. Provider c=sen6 to personal juristictiw m the Stam of Maine. 18. SLATE HELD ]UttIvM BS Provae agrees m indemaily, defend and save harmless rte Some, its of£rc ea, . ammOt and employees from my enol 0 claims, costs, empames, injures, liabilities, tosses and damages of every kind and deseaption (hereinafter he one paragraph tefinea tom "claims') resulting mom or ansiag out Of the tworemauce of this Agree sent by provides, its employees, agrnts, or mbconmmtws. © 'vans TO which this udemmicst on applies include, bo without limmaroq the following: (i) claims suffered or ineumed by say contractor, mMomr for, mareaelmm• Taborer and my ofbe person from corporation or other legal eutlty Neminafiez To this paragraph eefinea To as `person•') powlte rg wank, services, mazenals, equipmeat or mpplies v cwnection with me performance of thu Agreement; (f) claims among out of a violation err iWn'agement of any propriewy right cvPyught, trademark, right of privacy or oma Tight arming out of publication, transl±tioq developmeat reproduction, delivery, use or disposition of any data, ivfomeuon or other malar ft®ished or used w comectiw with Tors Agreemeom (lir) 0hashe arising out of a libelous or other unlawful motor used or developed in comectiw with this Agreement; (iv) claims suffered or accred by my pass= who may be othewise injured or damaged in the performance of this Agreement; and (v) all legal costs and nth¢ expenses of defense against any asserted claves to which this indemvifiratioa applies. This indemnifieadw most not Agoomom prolan ID�"2CO3-MA Page7of9 319 011-301 extend to a claim that result solely and directly from (i) the Department's negligence or uvlawfut set, or P action by Provider taken in reasonable reliance upon an insGaonoa m dhactad given by an authorvrd person acting on behalf of theDeparonent in accordance with this Aigeem®t. 19. NOTICE OF CLAIMS Provider shell give the Agawam[ Administrator immediate¢once in writing of any legal action or son filed related in any way to the Agrezmeut or which may affect the pesfofaance of duties odder the Ageeonent and prompt notice of my claim made against Provider by my contractor which may result in litigation related fis any way a the Ageement or which may aliect the perfomauce of dales under the Agmmevt. 20. APPROVAL This Agesamt mus[ have the approval of the State Controller and the Stye Plabases Review Cgmmittee before it cut be considered valid, enfor«ahle dw®ent. 21. LIABILITY MShRANCE Pmvida shall keep in force a liability pot issuedby a compmy My licensed or designated n an eligible surplus Itis tastier to do business in this State by the M:... Depatmtent of P ossiaaal & Financial Regulation, Bureau of Insurance, which Policy includes the activity to be covered by this Agreement with adequate liability co rigs to protect itself and the Department from sits. Provn1hrs insured through a'tisk retention group" i theffl Pfior'm hely 1,1991 any continue v r pbotat epee v meut. Pnor the upon cz oftioa of thin Ageumea, Policy shall frrmish the Deparnrca vela wntrn a pbotacopid venficanon of the eustmce of such liability insurance - Policy 22. NON -APPROPRIATION Notwithstanding any otter provision of this AgwemenC if the State does not receive sufficient fiords to Avid this Agreement and other obligations of the State, if foods are de -appropriated, Or if the tants does not receive legal authority to expend fords from the Maine State I gishtn a or Maine covets, then the Stene is not obbigated to make paymeat ender this Agreeaeta 23, SEVEBABmw The invalidity or unenforceability of any pardct lar provision or parf thereof of this Agrremeut shall not off tthe iemaioder of said provision or any other Provisions, and[ MS Agaweot shall be consUaed in all respects as if such invaid m untifor otable provision or pmt thereof had been omitted. 24. INTEGRATION All rein of this Agreemaft are w be mtagoated in stain a way Bs m be Cmairtedt at all [ivies with the toms of RuderB (except for expressed exceptions to Rider B included In Rider C), followed is precedence by Meer A, and may mounting Ridws in alphabetical order.. _ 25. FORUntit IEURE 1ueD panhaswtmay, at its disemdon, euusethe perfmmmcc of as obligation by a patty under this Agrsrrca in the event that performance of that obligation by that party is preventd by an net a God, act of riot, fire, explosion, flood or other catastrophe, saboage, severe shortage of fuel, power or raw materials, change in law, conn order, asional defense requirement, of soothe m labor dispute, provided that any such event and the delay Cawed thereby is beyond the contol of, and could not reasonably be avoided by, that party. The D Pnlaaeat lady, at he discretion, extend the time patioxi for performance of the obligati® excused under this section by the period of the excused delay together with a reasonable period to robotism comp hawan with the teams of this Ageemenr. A. SET-OFF RIGHTS The State shall have all of its cm®on law, Nustable and samto y ngb6 of seta These rights shall include, hen not be limit d on, the State's option to withhold for the imposes of set-off nay monies due to Provider tender this Agreement up to any mnoimts due and owing to the Sate with rsgard to [bis Agreement any other Agieeaent any other Agreement with any State department or neacy, including any Ageeulent fol a tern commencing primto the mffi of this Agreeoent plus any amounts due and owing m the State for any other reason including, without lienation, tax delinquencies, fee detiaquencies or monetary. penalties relative thereto. The State shall exercise its set-off rights in accordance with normal State practices including, in cases of setoff puauant m an audit the finalization of such audit by the State agony, its reµesetiatives, cothe Sate Cont oleo Agreement Project Mn003-34A Page 3 of 319 06-301 27, EMf1RE AGREEMENT Iiia doenneat c entaivs the en+:.. Agreement of the parties, and ¢either party shall be bawd by any amtemeat orrepieswta4on not connected herein No waiver shall be deemed to have been made by any of the parties rmless expressed in wirier% and signed by the waiving patty The parties eDressly, agree that they aban am assert m any zcuor relating n bre, Agreement deet my implied waiver ocowed between the pztUes which is not expressei In writing. The failure of any parry mlong in any one or more instances up'ov soler penfo®mce of any of the toms or provisions of rbc Agreement, ora exercise an option or election oda the Ageemem, shall art be cousaned as a m relivquisnmevt for the fmure of surb terms, provisions, option or election, but the same shall cenn^ •a infall force and effect and no waives by any Parry of any oat or more of im rigbts or resedies umde[ the Agreement sba[L be deemed to be awaiver aany prior or subsequent rights or remedy wrier the Agreement or at law. ]MERC CERTIFICATIONS ' G=m6cauona Aovid¢haeby certifies that: A) it and all persons assoaated with this Aeteema¢t including persons w coryoraeons Who have critical influence on of cannot w& the provision of services order ibis Agee=noaro net preceMly debantd, suspended, proposed fon debarm-no declared ineligible, or volwtarily excluded from participation by my fedsal deparnment a agency, Provider shall e¢aure teat leder coudi4oWceNScation is siuWarly applied an any subagrnnwabs fm any work covered by this Agreement so that awL provisions shall apply to and be binding upon each a¢btontsctor; ' B) YRnjeeiworkpertormed by PiwidGr ails auecooaactom wdermaasismnce a$eemen wbl irulnde smaltbusiaesses mrmH. meas (SHRAS) ortbe soliaraTiw fist; divide wok into smaRtasks of qumtities W allow maximum ParficiPmim�by $HRAs(where feasble);establishdalivery sclrethrles then encanage partiapatiou byDer (whinefeasible, anduse0k fComaof[lie Small Husi¢as Admivistratidv mdibe Minority Business Development Ag frneb, 1.Svirler nCommerce (where feffipuec CJ iaprocmemev[effons using fedoalfonds, Rovider shall grog prefaenceathe pmcbase ofrerycled pmdu en D.) it ori foetbataaregmxplera faconfcrderal Hotti ar MobeltRm or Safety erg of19ac�9wdedin whole Orin For pronatedual fa m¢ complies ill jtime rclf at Hotel and Motel End Safety Am of 1990; E) Por p vee nowt of reralax, it will include m all sub-agreenen[ bid unrm s m the applicable W share" Business carprisa w E)alhe PY1998 (or rcvisen PA and Business gine. se fNIDEY Wome¢'s it wi¢ees Eataprise(R$E)4, wluc alto o a A between EPA and pre SmmofN 'ere; - P)itwBlabideby40,orO iseach allows EPAate others to we pexclvsive, racrvaoczb]e Hceasero cprodam,owlish,rkoevelope usedwd temaorixenat, o ausefor mriegovemneutpurpoaa,(/)the my rights wywork developed wdaagaao sub -@moor Agreemeutwd¢a-gOe rsbdp wit pearl mer tights of wPYrighta welch a gnome, sub-awartlee, m asonawtm p¢rceasea ownership with grazt ill . G.)it will Aiipe t. CPR Sectio 3132 organizing disposition ofequiPment acquhedvsing fuwk provided by rrthis Ag involver ' H.j Bacon ct 3voUSC 1acra®eat for ctir WIWoh of pphat lwaKy s", it g wagplr with Dathe Davis- - Hu® Acc 33 Uf r ev of the Clean Waco- Att eder this locally prevailing wage nes (ewits 1, "La to "[reatmedt nodi for which gams m warded order. this Chapter." Tbia provision, notelet, "Labor Stmdard5," mgrtixes the Agency a aPP1Y Davis -Bacon wage rain to any $ort awarded oda 2) Clean V✓acerARforthecwsitaceoaoei int o,mttealp, "Treat nentwaks"ia defivarrion of or industrial "devices and systems used inthe storage, tree ion, recycling, and reclamation of municipal sewage a rod tnoal sewage of a liquid nature.._" Tait definition, when read in whole, limits "agement works" a sewage t[eatmen[Pr Jecm. BP-56%2003-34A.doc Agrsmeot projectIDtl200334A Page 9 of 319 CJoWK P44A) ev/ov' N5V7- r✓ 04-301 8201 34A PE WAWOCSTREAMWATERSHEDMANAGENIENTPLANDEV OPMENT asmise: CAyof Bangox I- PROBLEM/NEED: - on jajawoc Stream is locatede the Citylo Bangor. it is a second seder sensed with aormsemtied area of 8.57 Addisivarey milm. The--streamis located m ones flot experiencedhighcommercial assaby Ae City o llyi large portion of tale stream watem6ed bas been t Tho as ogrowth areabY me city ofBangor so willcmvnue [o be pressuredby development The upper portion ofthesheatdramalargeo morcue wetlandandthen Ilowsthroughthearea thathesand convnues c Stess in tis =M eporhom vdo.Bel w firtt order stream (Meadow Broough ins a rest ewdc Sres i in this middle pmtioa Below this sem eor me stream flows hrecdy primarily residential area, isjoiced by amthex larger first order streaNand thm drams dvec[ly to the Penobscot River. Tho stream does not meet water quality classification for aquatic Etelmacroinvertebrate co®umty and is listed on the Maine Department of F'vironmmsm Primcdon (DBP)'s 303d list The snake of non-amumment is stottwater rvnoff from development Much attention and interest has been chafed towam P jajawoc Stream at both the stare hod local level: The Maims DPP has and will continue to mot�itoDL (a m Eveui ty l at g stations onthengre QL)isdyg&y maximtyDa fro es TMDI. (s water quality loading sod modeling adali com leeing levers Teehy DEP for me stream. As pahydr to TMDL, a mmit surdyhm hem cotplee elo Teta Tech Consultants and targets for hydrologic and sediment developing havehem developed. deli wasrecentlyawardedheEPAmm;lo3)Bans din tum developingasengimaMre) cdesign for thewatershed.There isstrong loon]interestini6e stream &em both a locals co cany atom gloW i pr of Bangor. The local ad ey cO group formed because d they were he Gemco atom groarth pressures di theshessmomobA...eey continue ro be very actrve and involved. The City of Bangor is also interested re purrs ftog/res b a p P jajawoc Stream while at the some time addressing growth pressures ftomboN a planning and xegulrtat doessntsho. mnxdeelopmemt romp timmahezi wabineddes. Skxmwafer Law Nat does not allow new devebpmentmmrP'aztimPaired watxbodies. PURPOSE: - - ne project will develop a Watershed Msuagement Plan for )tie Pmjajawec Stream watershed for the propose of setting goals -and def" ^g implementsti6u shateges foi rPsoux e MomPmmt. In addition, the process allows het sehisholder input and support. PROJECT DURATION: 18 tonths, from July 1A So December MS. GENERAL PROJECT PLAN: The project will be a collaborative effort between the DEP and the City of Bangor. The City of Bangor will be responsible foT managing the project and for technical support. DEP will cavy om water quality analysis, ocimm t wiN a fluvial geomorphologst; and provide additional technical assistance. This project will dovetail wiN and be coordinated with Ne 104(6)(3) gent FimlWork Planf2W3-34A Page Ias described above. % y w the success of Us project is public education, outreach, and stakeholder involvement the ive¢ of the be sndthe process are: 1) Develop attainable goals and objectives far the stie go (these maybe different for different reaches of the stream) and 2) tasks recommended to meet , rest objecvvas ootib be comprehensive to include retrofit of and war shod -v rer facilities, restoratio0. xpproache¢ for addressing forme growth impacts and watershed -wide meaames (e.p education andoutreach, seeinanceJ. Development of themanagementplanwill ind analyveparta: tarnlyfisaid ant, steering committeements.hrrldu process, data collection and analysis, retrofit analysis and management plan developments. TASES: Task 1: Project Managnunt - Asreement Witt Bantu -The City of Bangor will enter into a written Agrmnent with the Maine Depeatnrent of Protection (DBP). The City will provide administration ' faicouvting, subcwhacevg} ro3vired to carry out the project Products: - -Wrinen Agreement between DEP and City of Bangor. Task 2: Steering CommitteeTub9C Outreach Process a) Technical Work¢ouu/Stiorma Countries - A tecMical workgroup will be assembled. The workgroup will include at least City of Bangor wiftneering staff, City of Bangor Planning and Community Development staff, DEP Division of Watershed Isbragement engineer, and DEP Division of Wanalin Managemev[biologist. Other potential members include staff from Deputmevt df Wand Fisheries &Wildlife; Stale Planning Office, Penobscot Soil&Water Conservation District, and Penobscot Valley Council of Oovemmrnfs. Other members identi5ed tluongti the smkebolder process may be added with the understanding that the workgroup is a us uical group. It is anticipated that inter technical experWwvsWtants will participate periodically. The specific tasks of the workgroup are m a) guide the project; b) provide technical input intio developmment of goals, objectives, and tasks; and c) review the draft management plan. It is anticipated that the group will meat v miWmum of 4-n times b) Stakeholder/Public Meeting Process - Stakeholder meetings will be held in provide for public input education, and involvement fmm a broader group of aukeholdas. Stekcholder iuvolvemmt is a critical process in development of a management play as it allows for greater buy -h as well aslong-tenanccessandownershipintheplan. Abroadgroupofstakeholders will be invited to participate. A stakeholder list will be developed said srakeheldels actively rezmmtl W participate. It is anticipated that it will include citizen action groups, neighborhood associations, developers, business owners, City Council, and City of Bangor Planning Board. It is anticipated that a leaA 3 stakeholder mentings will be held, nefast will be held at the beginning of the project m introduce the project and identify additional stakeholders. A second meeting will be held after data COBectioNavWysis is completed and as draft sto eiges are being developed. A thud meeting will be hold after draft management strategies are developed c) Public OmZCach/Ednnation- A variety of methods will be used to inform and educate the public. An initial mailing to landowners in the watemhed will be sent out to inform the public Final WarkPIm P.2003 -#A - Page2d5 2' U-301 mentmeproject. Landowners willbe informed about mechawams for providing inputthrough the stakeholder process or other vergum At least five articles about the project will be written for press rmase. Stakeholder aucling notices will be. postedm City Had), public buildings, _ businesses and on the City of Bangor website. Products: -Technical wakpoV meeting notes; - List of stakeholders invited to initial meetiug; - -Stmmary/notes of stakeholder meetings; and -Prrss releases, copies of meeting notices. Task3: Data Collection and Analysis: a)Sub-watershed HVdmlovc Anatvns-Subwat shedhydrologicanalysiswillbecompleted using Nep8Urbmcatc mtmoM(Walka1990). The P8modetisusedtomnsslmt stormwater now and associafedpollutmtloading through a watershed and annum through stat vatse Manners systems. The model may also be modified to predict future changes m Rye watershed(i.e. future growth impacts and modmcatims). A consultant will be retained to umn City of Bangor mginoars and DEP mginamng stiff on how to we the ase el using one of the Pe'jajawoc sub -watersheds as the Waiving uiut. Bangor and DEP mgineers will than run the model fee the other subrwatersheds. The consultant will be available to provide iecbrucal assistance and review. -Products .. - Hydrologic and pollutant load analyses for Ne sub -watersheds. b)Build-out avalvsis- Beild-out analysis of the wmrrtbm wN be completed. The fust analysis willbe doveusingcuneamps and beations. &sign apprmore additiarml analyses will be. donst ativg zoning Wsmges and better site design approeihes. Ptomuts: -Maps id)ustxatiug build -out scevmos frbm cursmt roving regulauons and alteretl , -GIS analysis oEimpervious area based on each scenario. c)Re"existing dordin - Brisling land use zoning, ormunces and _stoxmwater management programs will be reviewed. Through review of Nese - pmgramalrogulatiorvs, an apalysis of land use regulations and stbrmwater management programs will be made and gaps and/or deficiences identified. Recommendations will be made for addressing deficiencez and potential new strategies/iniatives researched and identified. Products: Reporton Neanalysisofe stidgstamwarermanag=mtprogramsandlanduse regulations. - -Report on recommendations and Mapes. Task 4:. Retrofit Analysis: a) Pdoutize sites -The sub -watershed modeling analysis will be reviewed to affiw for priontization and rauldng of areas to be runcahaetl for stoxmwatumanagement. This willbe done m conjmm e girth Ne EPA iced retest (done that r focusing on engineered retro a desigt for Ne stream. The geomorphological xepoa (done nada DEP tasks) will also be reviewed in Neal Work Plan;"2IXI3-34A - Page 3 of amok dcopricidon wita me modeling analysis. The objective of ranking is to allow for tergenng of srew where retrofits will have the most significant impact products: -List of sub -watershed areas and their priontyhan: for retrofit TaA5: Managem®f Plsn DevelOPmenh a) Assemble immaeemrnt olan - A draft management plan will be assembled to include the compments below. Gosls, objectives, and tasks will he developed collectively with input from both steering committee and stakeholders. - - - Fsecutive summary Backgoma& water quality summary, laud use, and watershed feamres -Analysis-Discussion of causes and sources of pollutant Imsing(used to develop goals) -Recommrndationa-Diswsaion Of load reductions needed and messmes to achieve (used to develop objectives and tasks) - Summary table- Goals, objectives, tams, funding sources, responsible entity, and schedule. _ -Lug term momtodng and management plan evaluation plan. b) Draft and Final PI-Admftmaagmemplanwid be reviewedby the steering coni ultdo and interested stakeholders. Afmal plan will be written mcorparamig recommended changes: Products'. - Draft and fired management plans. ids]Wmk Pl&aMM-MA Page4of5 wwwwwwwwwwwwwwww �nM��MM wwwwwwwwwoww Won no w wwwwwwwwwwww wwwww ■■■■ONE ■■■■■■moons MMM MMMMM wwwwwowwwwwwwwwww e®ww-wMww-ww-ww-wwww owwwwwwwwwwwwwwww �wwwwwwwwwwwwwwwwww rwwwwww®wwwwwwwwwww wwww©-®wwwwwwwwwww wwwwwwwwwwwwwwMono wwwwwww©-©wwwwwwwww iMI soon moons �w-------------ww-w ids]Wmk Pl&aMM-MA Page4of5 1" PROJECT COORDINATOR: Howl Rate James Ring, City Engneer - Sal City of Bangor - En veerin Staff Bmga City Hall 48 73 Hwlow Stteet i $3,600 Bangor, Maine 04401 $20 (2m�99zazso $160 _ email address: jim.ting@bgrme.org Tet6nicaVPlatrttin Stall ESTIMATED TOTAL COST, FEDERAL & NON-FEDERAL SOURCES: NPS 319 Gant $19,185; Non-FedEcffi.Malch: $14,970: TOW &K155. $omm� Ofma : - 1. Steetivg Committee Membera. $6'120 (m-li d) - 2. Watershed Citizens $2250 (in -B d) 3. QwcfBm - -' $6000 (in-b5nd) Total $14,970 - BUDGETESTIMATES: Par{ 1: Estlmafed Person d MM gmam Positi9n Howl Rate Homs Sal TOW En veerin Staff $75 1 48 $300 i $3,600 Administratron $20 8 $160 1 $160 Tet6nicaVPlatrttin Stall $40 55 $2,200 1 $2,200 Cost Categmy NPS C mt Nan-Fedoral Match To Cost Sal- and Priv a $5,960 _$6,000 $11,960 S Aes Canahuc on Cbntiscmal $12,800 $12,800 Dotrated Servi«s $8,970 $8,970 Travel — B4ulpmmt gmam $425. $425 Indirect Tota[ $19,185. $14,970 $34,155' 1. CmtruNal: facili�etm ($18 W;18 Ns@$] W M), cwsoltiug mgin� (ESOYO; 50 Ms�$30]'h,),eovcWbn[ ro �netrn(E69oo; g0 meoe875mr} 2 8amng wmmitree (E6720:192 ks@$35/hr), wHtashedatzerts (12x50:150 F[s@515M). Pival Wank Um #"3-34A ' Page5 of5 7 l pz4v rt, #2DO-34A PENJAJAWOCSTREAMWATEBS® AGENT WMA14DEVEIA� Grantee: City of Bangor PROBLEWNEED: P jjawoc Streamislocatedintheatyof Bangor. IIis asecond order streamwith awatemhed ones of 8.57 square miles. The streffi is located In an area that has experienced high commercial growth. Additionally a longe portion of the stream watershed has been designated as a growth aroabytheatyof Bangorsowlllcontinuetobepressuredbydevelopmmt. Tbeupperporton of the stream drains a large high value wetland and then flows through the area that has and mntinties to undergo high commercial growth. A fimt order stream (hfeadow Bcook)joins Penj2jawoc Stream in this middle portion. Below this session the stream flows through primarily residential area, is joined by another larges fist order stream and then drains directly to the PenobscotRiva. The stream does nannetwater quality Classification for aquatic lifehnacrbinverrebmm community and the steem is listed on the Maine Deparmievt of Environmental Protecum ODEP)'s 303d Est The source of non- n„'^*sent is stormwatm runoff from development Much attention and interest has been directed toward the stream from both the state and local level. no Maine DEP has and will continue to monturthree to five biomonitoring stations en thestream. Cu ntlyatotalvaximumdaijyloadorT L(awaterquatityloadingmd modeling analysis) is being developed by DEP for the stream. Aspartofthe TMDL,amodeling. study has been completedby Tetra Tech Consmmuts and targets fmhydrologic and sediment reductions developed. DEPwas recently awarded au EPA 104(b)(3) grant which will focus on developing an engiueemd retrofit design for the watttstied. There is strong local interestin the stream fromboth a local advocacy group and the City of Bangor. The local advocacy goup formed beta se they were concerned about growth Imessures CA the stream -they continue to be Very active and involved. The city of Bangor is also interested in protecting/restoring the Steam - wlnle at the same time they must address powth pressures from bath a planning and regulatory perspecuve. Pante development is currently particularly constainell due to the Stormwata raw Ann does not allow new development to impactimpa dwaterbodies. PURPOSE: I ' The project will develop a watershed management plan for the Pauajawoc Stream wntersbed. - nepuspose of developmg a management plan is vi set goals and implemmmtion strategies for resomue management Al addition the possoess allows for stakebolder input and support. PROJECT DURATION: 18 months, Suly 2004 to December 2005. " GENERAL PROJECT PLAN: Theprajeawillbeacollaber veeffortbetweenthe DBPmdthe Cityof Bang_. ane Cityof Bangor wiE be responsible for managinglhe project and technical support DEPwillcarryout water quality analysis, contract with a fluvial geomorphololps , and provide additional technical assistance. Tuffs project will dowitan with and be coordinated wit the 104(b)(3) grant, lCey m the success of this project is public education, outreach, and stskebolder invely®ant. PirAn Work Flats #2003-34A Page l of 06-301 Key objectives of the plan and process are: 1) Develop atrarnable goals and objectives for the stream (these may be different for different reaches Of the.rneam) and 2) tasks recommended to meet goadisobjectives should be comprehensive in include rotrefit of existing stormwater facilities, restoration, approaches fed addressing future growth impacts and watershed Wide minutes (e.g. education and outreach, maintenmce). The plarming process w rlinclude five pnmmypans: pie}ectmanag=steeringeemmitterlsmkeholdet process, data collection and adelyais, rertofitamlysis and manaaggement plan development. TASKS: Task l: Project libminement ('mantAmeement with Baneox-The City of Hangar will enterinto a grant agreement with the Maine Deparmaem of Environmental Protection(DEP). The city will protide admnustranon (accounting, sub commenting) iesimad to tarty out the project Products: -Omni Agreement between DBP and City of Badger (trant: M; Match: $10; Total: $0. _ Task 3: Steering Cemmifiee/Public Outreach Process a) Technical Watkman'Stedrim Commitee -A technical workgronp will be essembled. The " Community Development staff DBP Division of Watershed Mauagemevt engineer, and DEP - Division ofWateeshed Managetnent biologist. D er potential members include staff from Depanmevt of IWend Pishedes & Wildlife, State Planning Office, Penobscot Soil & Water - Coough the hDistnc4and be eaheyd affla eiGovemments. Other wasklms id entified tkroughthroup. I isamrocessmay beaddec with mebndetstandingdsat thewmkgroupiso teclmicaigraT. specold; noted of me otherinoup, a to a)isiide she amsproject; cilln pinviate periodically. The specific tasks of the workgroup arc to a) guide the project b) provident plan. input into "declined tpmme g of goals, objectives, std tasks; and c) review draft management plan. It is anitipatedmat the goup will meet aminimum of 46 times. ' b) SWwholdm/Publc Meeting Process - StakeHoldsrmaetings will be held m provide for public input, education, and involvement from abroader group of stakeholders.Stakeholder involvement is acritical process m development of a management plan as it allows for grorn buy -in as well as long term success and ownership to the plan. A broad group of stakeholders will be invited to participate. A stakeholder list will be developed and stakeholders actively recruited to participate. It is anticipated that it will include citizen action groups, neighborhoed msocialms,developers,Wsbmsownms,aty Comcil,and City'of Bangor Planning Board It is anticipated that at least 3 stakeholder meetings will be held The first will be held at the beefing will do held ate innoddce the projett and completed ed and lstakehotegie Acme ng develop will be held meeting data will In held after &a manageme and as draft strategies are being developed. Athird meeting will beheld aha drak management strategies are developed ' c) Public Wirea<h/Pducation - A vaneiy of methods will be used to inform and educate rho public. An weal sending to landownem in the watershed will be sent out to inform the public about the project. Landowners will be infomred about mechanisms for providing input through the stakeholder process or other vewes. At lent five articles about the project will be written far Anal Work Plan#2003-34A Page 2 of [ Tp press release. Stakeho)der meeting Dodoes will be posted in City Hall, public buildings, businesses and an the City of Bangor website. &oducts: - Techaucal workgroup meeting notes -List of stakeholders invited to initial meeting -Summary/notes of stakeholder meetings -Press releases, copies of meemg notices Grant ILM; Match: 112251; Total:110 890. Task 3: Data Collection and Analysis: a) Sub-waterstied Hvdrolozic Anslvsis - Sub -watershed hydrologic analysis will be couipleWi using the P8 Urban catWtment model (Walker 1990). The P8 model is used to simulate -smarmwaner flow and associated pollutant leading Pomagh a watershed and attenuation through stormwater rieatment systems. Tne model may also be modified to predict fume changes to the watershed (i.e. fume growth impacts and modifications). A consultand will be retained to nein Qty of Bangor engineers and DEP engineering Staff M how to use me model using one of the P'6njjawocsub-wazashedsasthetmirvngunit. Bangor and DEP engineers will thehrw the model forrbe tuber sub-watemueds. The consultant will be available to provide techidcal - assistance and review. - - - Products: - - - -Hydrologic and pollutant load analyses for the sub-wamrsheds. b)Buildouta vsis-Buildoutanalysisofthewatershedwilltocompleted Theills[analysis done smoneusingumentangidgrebottersit Then oneamore additional_analyses will be Producmulatmg zolting changes andbet[ec site design approacAes._ Produces: . -Maps illustrating build -oat scenarios from each sc zoning regulations and altered approaches. -GlS analysts ofimpervieus area based on each scenario. - . e) Review existing motes seams: and ordinances -P Sfing Ind me zoning, mdnances and staowatot management programs will be re viewed. Through review of these pmgrama/regmations, an analysis of land use mgmaficns and swrmwater management Pmgams _ will be made and gaps andlor deficiences identified Recommendations Vell be made for addressing deficienees and potential new strateges/iwadves researched and idemi&ed Produces: -Report on the analysis of existing stermwater management programs and land use regulations. -Report on,rocommendatiovs and sIn mgies. Grant 600; March: $6,0 ; Total: $12.600. Tesk4: Retrofit Analysis: .a) Prioritize sites -The sub -watershed modeling analysis will be reviewed to allow for prioritization and mh{ang of areas to be retmLtted for sromwater management, Tris will be - done in conjunction with the EPA 104(6)(3) project that is focusing on engineered retrofit desi®t forme stream. The geomorphological report (done under DBP tasks) will also be reviewedn co junction with the modeling analysis. The objective of making is to allow for targeting of areas where retrofits will have the most significant impact, Final Work Plan #2003-34A Page 3 of 04-301 Products: -lin of $3.O watershed areasandtal:$4.12t). /rank fm xeabfit - Crsanr 3 000 Match: 1 120; Total: 4120. - - Task S: Management Plan Development: a)Ass®ble management olav- A draft management plan will be assembled to include the components below. Goals, objective; and tall¢ will be developed collectively with input from both ateenng committee and sUdeholdem. -Ba udvesummary - Background- water quality summery, land use, and watershed features - Analysis -Discussion of causes and sources of pollutant loading fused to develop goals) -Recommenda[ioas-Discussion of load mAucdons needed and measures to achieve (need to develop objeetivee and tasks) - Summarytable- Goals, objectives, tasks, funding soutces, Yesponsible etu ty, and acheciule. -d.ong term numnoring and management plan evaluation plan. b) Daft and Final Plan -A draft management plan Will be reviewed by the steeung comnuttee aM interested stakeholders. A fund plan will be written incorpord iag xecommeuded changes. $Oduets: -Daft and Sml management plans. Giant $6,600. Match: $560. Total: JLM. Proal Work Plan X2003 -34A Page 4 o£5 ------------ ------------------- -, �Ilmmmmmmmmmmm mmomm ------------------- ■■ioi:■o■s-�ii� Proal Work Plan X2003 -34A Page 4 o£5 PROJECT DELIVERABLES: The followinghems will beprovided to MDBF and BPA Regon 1, respectively, over the ctaxse of the project 1) Contract witli DEP (Task 1) - 2) Semi-annual Progress Reports and a Final Project Report (Task 1) 3) Copies of press releases and articles (Task 2) 4) Draft sat Final Management Plate (Task 5) PROJECT COORDINATOR: James Ring,CityEngineer - Cityof Bangor- B angor CityHaat 73 Harlow Sueat - BangdgMaiae 09401, (209)-9924250 email ad dress: iim. g@be .ore ESTIMATED TOTAL COST, FEDERAL & NON-FEDERAL SOURCES: NPS 319 Crent: $19,260; Non -Federal Match: $14,970: Taal $34,230. Sovtces of Match: - - - - 1. Steaing Committee Members $6920 ( -kind) - 2.Watershed Citimvs $2250(ia-kind). 3. City of Bangor - - $6000 (in-kind) TOW $14,970 - BUDGET ES'T'IMATES: .. posit Howl. Rate, Hours Salary Total 'eaipStatfi $75 i 48 i $3,600 $3,600 Adlamistratioq i $20 1 8 $160 $160 TeohmcaWhaursm Staff $40 55 $2,200 1, $2200 . TOWS J.$12,Rnn 111 $5,960 1 45,960 ➢n'i 2• Rr•Awi Faim�iee flea Cnef Cafsonrvl CostCnbe Non-Federal Match Tow Cost S and Fnn $6,000 .$11;960 Su lies COT �ctxon Contractualpco Services$8,970 J.$12,Rnn $0,970 TravelOther( m ) $500 lrai $14,990 $34,230 1. Contractual: facilitator ($1800;18 ars@$td0/ar), consulting engineer ($5000; 50 aa@$10W, w tant to drat[ plan ($6000; 80 a a7$e3ar). 2. Steering committee ($6720:192 ars®$35me), watazsls d e3tlzens ($2250:150 hss@$15/hr). Final Work Pon 82A03 -34A page 5 of 5