COPY NO.

SOUTH END PARK FENCE LINE INSTALLATION

CITY OF BATH, MAINE

REQUEST FOR BID PROPOSAL

OCTOBER 2015

PROJECT NO. 13202A

Middletown, CT • Andover, MA • Portland, ME Topsham, ME • Portsmouth, NH • Providence, RI

C I T Y OF BATH, MAINE

R E Q U E S T FOR BID PROPOSAL

FOR

SOUTH END P A R K F E N C E L I N E I N S T A L L A T I O N

O C T O B E R 2015

Prepared by:

Wright-Pierce

99 Main Street

Topsham, Maine 04086

Phone: (207)725-8721

Fax: (207)729-8414

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TABLE OF CONTENTS

South End Park – Fence Line Installation BIDDING DOCUMENTS Request for Bid Proposals Bid Proposal Agreement (To Be Provided) SPECIFICATIONS 01010 Summary of Work 01020 Insurance Requirements 02444 Chain Link Fence and Gates Appendix A Maine DEP Site Location of Development Permit Appendix B South End Park – Environmental Covenants DRAWINGS Cover Sheet C-1 General Notes, Legend, Abbreviations, Existing Conditions and Demolition Plan C-2 Site Layout and Grading Plan C-3 Details C-4 Erosion Control Notes and Details

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REQUEST FOR BID PROPOSALS

SOUTH END PARK FENCE LINE INSTALLATION

FOR THE

CITY OF BATH, MAINE

The City of Bath, Maine is requesting proposals from qualified contractors for the Installation of Chain Link Fencing at the South End Park. Proposals must be received by the City of Bath, Maine no later than 1:00 p.m. on Thursday, November 5, 2015. Proposals shall be clearly marked “RFP – South End Park – Fence Line Installation". Proposals may be mailed or hand delivered. Mail to: Andrew H. Deci Director of Planning and Development

City of Bath 55 Front Street Bath, ME 04530

Hand Deliver to: Andrew H. Deci Director of Planning and Development

City of Bath 55 Front Street Bath, ME 04530

Questions regarding this Request for Bid Proposal should be addressed to Andrew Deci, at (207) 443-8363 or via email: adeci@CityofBath.com. Questions must be received by 4:00 PM local time on October 30, 2015 in order to assure that any responses or clarifications can be addressed. Addenda to this proposal, if any, including written clarifications to this RFP will be posted on the City of Bath website under the project heading. Proposals shall be submitted containing the following information:

1. Signed Bid Proposal 2. Company experience with similar projects and a minimum of three references from

projects completed in the last 5 years. 3. Availability and ability to meet schedule 4. List of Subcontractors to be used in project construction

Proposals shall meet the requirements set forth in the attached request for proposal packet. Quoted prices shall remain firm and subject to acceptance for a minimum of 60 days of the proposal date, and shall include all costs associated with materials, equipment and labor for a complete and operational installation. Firms submitting proposals should be aware that coordination with the City of Bath, Maine and fence line installation company will be required as

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an integral component of the work. At the time of the opening of proposals, each Bidder will be presumed to have inspected the site and to have read and be thoroughly familiar with the Request for Bid Proposals, including any and all Addenda. The failure or omission of any Bidder to receive or examine any form, instrument, or document shall in no way relieve any Bidder from any obligation in respect to his Proposal. The City of Bath, Maine reserves the right to reject any and all proposals, to waive any technical or legal deficiencies, and to negotiate with any party submitting a proposal for the work.

Fence Line Installation Page 1 13202A

BID PROPOSAL

FOR

SOUTH END PARK FENCE LINE INSTALLATION

CITY OF BATH, MAINE

Proposal of _________________________________________________ (hereinafter called "BIDDER") to the City of Bath (hereinafter called "OWNER"). In compliance with your Request for Bid Proposals, BIDDER hereby proposes to implement Fence Line Installation at the City of Bath South End Park in accordance with the Specifications and Drawings for the price stated below. BIDDER shall complete the work described in the Specifications and Drawings not later than December 15, 2015. By submission of this Bid Proposal, BIDDER certifies that this Bid has been submitted without consultation, communication or agreement with any other Bidder or with any competitor. BIDDER agrees to provide the Parking Lot Expansion and Site Improvements at the City of Bath, South End Park for the UNIT PRICES listed below. Said Bid Prices shall be maintained for an acceptance period of at least 60 days. Fence Line Installation (complete):

Unit Price Total Price 1 LUMP SUM Furnish and Install Chain Link Fence and Gates

The Sum of $ $__________ $__________ Per Lump Sum

TOTAL BID: Total of Items 1 above. ($ ) (use figures) (use words) Respectfully Submitted:

____________________________ ______________________________ Submitted Bidder

____________________________ ______________________________ Name and Title Address

____________________________ ______________________________ Date

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01010-1 SECTION 01010 SUMMARY OF WORK PART 1 - GENERAL 1.1 DESCRIPTION

A. Work Included: The project includes the installation of fencing to improve the South End Park. The major elements of proposed work under this Contract include: 1. Maintaining safe conditions and adhering to site permits and environmental

covenants associated with the site; 2. Furnish and install black PVC coated chain link fence along Washington

Street and around the proposed parking lot expansion as denoted on the attached plans;

3. Furnish and Install two (2) 4-foot wide pedestrian access gates at location as denoted on the attached plans;

4. Furnish and Install a double gated access with two 5-foot wide gates at location as denoted on the attached plans;

5. Furnish and install a 12-foot wide double gate as location as denoted on the attached plans;

6. Furnish and Install Fence line posts to be used as hose bib connection and relocated signs (three total).

6. Installation bentonite seals at each pole location to provide a seal with the clay layer associated with the landfill cap.

7. Cleanup following completion of the work. B. Compliance with Codes and Regulations: All work performed under this contract

shall comply with the requirements of applicable state and local codes and regulations.

C. Removals, Relocations and Rearrangements 1. Examine the existing site for the work of all trades which will influence the

cost of the work under the general bid. 2. Provide in the bid price a sufficient amount to include all work herein

specified, necessary or required to address the areas of concrete deficiencies identified on the project drawing.

D. Coordination: 1. This project will require coordination with the City of Bath and separate

contractor selected for the Parking Lot Expansion and Site Improvements project being bid under separate cover. A separate Request for Proposals (RFP) has been prepared for the parking lot expansion and site improvements. Separate RFP includes expansion of parking lot, installation of seasonal water service, installation of stone dust path, installation of a port-a-potty enclosure and minor site grading. Refer to RFP for additional detail.

E. Site History: The existing parkland has been developed on a landfill cover system and the site is subject to declarative covenants. The design of the project has been in accordance with details on the site restrictions and feedback from Maine DEP-BRWM staff. The contractor shall thoroughly review the associated site permits

01010-2 SUMMARY OF WORK

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and all project notes related to allowable excavation depths and specific details developed to protect the site during construction. 1. This site is subject to a Site Location Development Permit as issued by the

Maine Department of Environmental protection (Maine DEP) and is subject to environmental covenants. Copies of these permits and covenants are attached in Appendices A and B.

F. A Construction Permit will be required from the Codes Enforcement Office. The fee will be waived.

PART 2 - PRODUCTS 2.1 TECHNICAL SPECIFICATIONS

A. Refer to Technical Specifications and Plan Notes included elsewhere in this document.

B. All work shall comply with the attached technical specifications and drawing(s). PART 3 - EXECUTION 3.1 SAFETY

A. Contractor shall conduct his operations in such a way as to maintain the safety of the public.

B. Contractor shall provide safe access for his employees and subcontractors for the performance of the work.

3.2 SITE LAYOUT

A. Site layout shall be the responsibility of the Contractor. Control points are as noted on Drawing C-1.

B. The contractor shall be aware that the existing cap system prohibits the installation of stakes for use in layout.

3.3 SITE ACCESS

A. The Contractor shall maintain access to the South End Park and portions of the parking lot throughout the construction period. Minor shut down of the facility may be allowed during fence line installation but this work shall be coordinated and planned one-week in advance to accommodate scheduled use of the park.

3.2 PAYMENT

A. Method of Measurement: Items shall be paid for at the contract prices as listed in the bid form, based on confirmation that the work has been performed and accepted complete as described herein.

B. Item No. 1 – Furnish and Install Chain Link Fence and Gates A. Method of Measurement: Furnish and Install Chain Link Fence and Gates shall be

paid for on a lump sum basis. B. Basis of Payment: The lump sum payment shall be full compensation for all labor,

materials, tools and equipment necessary to complete this work furnishing and installing 4-foot high chain link fence and gates, installation of posts and bentonite caps, clean up and restoration of the site and work zone and all else incidental

01010-3 SUMMARY OF WORK

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thereto and in accordance with all applicable permit requirements, for which payment is not provided under other items.

END OF SECTION

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01020-1

SECTION 01020 INSURANCE REQUIREMENTS PART 1 - GENERAL 1.1 DESCRIPTION A. Contractor shall maintain insurance of the following types and coverages

throughout the length of the contract:

The limits of liability for insurance shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations:

1. Workers’ Compensation, shall include the following minimum coverage:

a. State: Statutory b. Applicable Federal (e.g., Longshoremen’s) Statutory c. Employer’s Liability {$ 500,000}

2. Contractor’s General Liability shall include completed operations and product

liability coverages and eliminate the exclusion with respect to property under the care, custody and control of the Contractor: a. General Aggregate {$ 2,000,000} b. Products - Completed Operations Aggregate {$ 2,000,000} c. Personal and Advertising Injury {$ 1,000,000} d. Each Occurrence (Bodily Injury and Property Damage) {$ 1,000,000} e. Property Damage liability insurance will provide Explosion, Collapse, and

Underground coverages where applicable. f. Excess or Umbrella Liability

1) General Aggregate {$ 5,000,000} 2) Each Occurrence {$ 5,000,000}

3. Automobile Liability shall include the following minimum coverage:

a. Bodily Injury: Each Person {$ 1,000,000} Each Accident {$ 1,000,000} b. Property Damage: Each Accident {$ 1,000,000}

01020-2 INSURANCE REQUIREMENTS

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4. Contractual Liability coverage shall provide coverage for not less than the following amounts:

a. Bodily Injury: Each Person {$ 2,000,000} Each Accident {$ 2,000,000} b. Property Damage: Each Accident {$ 2,000,000} Annual Aggregate {$ 2,000,000}

5. Workers Compensation Insurance in amounts required by Maine Law and

Employers Liability Insurance as necessary, as required by Maine law.

B. To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City of Bath and Wright-Pierce, their consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorney’s fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury or destruction of tangible property (other than the work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder.

1.2 SUBMITTALS

A. Submit to Owner evidence of the required coverages in an approved format (ACORD) prior to initiating work at the project site. Wright-Pierce and the City of Bath shall be listed as additional insureds on the certificate.

B. Contractor shall maintain during the project general liability and automobile policy

shall name the City of Bath and Wright-Pierce as additional insured with all rights included in the contractor’s policy. Contractor insurance will be primary and non-contributory to any insurance maintained by Wright-Pierce and/or the City of Bath. Contractor waives all subrogation rights against Wright-Pierce and the City of Bath. Insurance maintained by Wright-Pierce and the City of Bath shall be secondary to Contractor’s insurance. 30 days’ notice to Wright-Pierce and the City of Bath is required for policy expiration or cancellation. These requirements must be stated on an insurance certificate provided to the City of Bath before any work begins and is a condition precedent for payment of any invoices.

PART 2 - PRODUCTS

2.1 Not Applicable.

01020-3 INSURANCE REQUIREMENTS

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PART 3 - EXECUTION 3.1 Maintain insurance coverages for the length of the contract.

END OF SECTION

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02444-1

SECTION 02444

CHAIN LINK FENCE AND GATES

PART 1 - GENERAL 1.1 DESCRIPTION

A. Work Included: 1. Furnish all materials and install chain link fence of the types, sizes and in the

location(s) shown on the Drawings and specified herein. 2. Chain Link Fence, Gates. Posts and all components shall be PVC coated.

Color shall be black. 1.2 QUALITY ASSURANCE

A. Acceptable Manufacturers: 1. USS Cyclone. 2. National Fence Mfg. Co., Inc. 3. Anchor Fence, Inc. 4. Allied Tube & Conduit 5. Or equivalent.

1.3 SUBMITTALS

A. Submit satisfactory guarantees by the fence manufacturer covering any faults and defects in all parts of the fence arising from defective workmanship or materials for a period of one year from the date of installation.

PART 2 - PRODUCTS 2.1 FENCE MATERIALS

A. Posts: 1. All posts: PVC Coated Galvanized steel, 35 percent minimum carbon

content, 50,000 pounds per square inch minimum tensile strength. 2. Line Posts: 2-3/8 inch O.D. pipe weighing 3.65 pounds per linear foot or 2

inch x 2-l/4 inch H section weighing 4.l0 pounds per linear foot. 3. End, Corner, and Pull Posts: 2-7/8 inch O.D. pipe weighing 5.79 pounds per

linear foot. 4. Gate Posts: For single swing gates, or one leaf of double gates:

a. Up to 6 feet wide: 2-7/8 inch O.D. pipe weighing 5.79 pounds per linear foot.

b. 6 feet to l3 feet wide: 4 inch O.D. pipe weighing 9.ll pounds per linear foot.

5. Post Tops: Tubular post tops designed to prevent water from entering posts and to support top rail.

B. Top Rails: 1. PVC Coated l-5/8 inch O.D. galvanized steel pipe weighing 2.27 pounds per

linear foot.

02444-2 CHAIN LINK FENCE AND GATES

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2. Provided with galvanized, outside sleeve, self-centering 7 inch long couplings approximately every 20 feet.

3. Top rails shall pass through the post tops and form a continuous brace from end to end of each stretch of fence.

4. Securely fasten top rails to the terminal and corner posts with heavy galvanized steel brace bands and rail end connections.

C. Horizontal Braces: 1. Provide horizontal braces (brace rails) at all pull, corner, and terminal posts

midway between top rails and ground and extend to the first adjacent line posts.

2. Securely fasten braces to the line posts by brace ends and brace bands and to pull, corner and terminal posts by rail ends and brace bands.

3. Braces shall be l-5/8 inch O.D. galvanized steel pipe weighing 2.27 pounds per linear foot with plain ends.

4. Brace each corner and pull post on two sides. 5. Brace each terminal post on one side.

D. Diagonal Braces: 1. Provide diagonal braces (truss rods) from the brace ends on the line posts back

to the bottom of pull, corner or terminal posts and fastened by brace bands. 2. Diagonal braces shall be 3/8 inch diameter galvanized steel rods. 3. Diagonal braces shall be provided with heavy galvanized iron turnbuckles to

adjust the tension. E. Fence Fabric:

1. Wire: 9 gauge, 0.l48 inch diameter galvanized steel wire, of medium high carbon quality, minimum tensile strength of 80,000 pounds per square inch, interwoven into 2 inch diamond mesh.

2. Fabric: 72 inches wide, selvage shall be knuckled at bottom and at top. 3. PVC-coated fabric shall meet ASTM F668, Class 2a, 2-inch mesh, 0.120-inch

diameter wire. Color shall be Black. F. Fabric Connections - Securely fasten fabric to:

1. All terminal posts by l/4 inch x l/4 inch galvanized tension bars with ll gauge galvanized pressed steel bands spaced approximately l4 inches apart.

2. All line posts with 6 gauge galvanized wire clips spaced approximately l4 inches apart.

3. All top rails with 9 gauge galvanized tie wires spaced approximately 24 inches apart.

4. The bottom edge of the fabric shall be fastened to a bottom tension wire with wireties spaced approximately 24 inches apart.

2.2 GATE MATERIALS

A. Gate Frames: 1. Fabricate from 2 inch O.D. steel pipe weighing 2.72 pounds per linear foot. 2. All welded construction with malleable iron or pressed steel corner

fittings. All welds shall be ground smooth to the surface plane of the base metals. Welding shall be performed prior to galvanizing.

3. Frames shall be rigid enough to be free of twist or sag. 4. Gate leaves shall have truss rods or intermediate braces.

02444-3 CHAIN LINK FENCE AND GATES

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B. Truss Rods: 1. Install 3/8 inch diameter truss rod on each gate.

C. Gate Fabric: 1. Material and Fabrication: Identical to fence fabric. 2. Installation: Securely fasten to gate with tension bars and hook bolts spaced

approximately l5 inches apart. D. Hinges:

1. Hinges shall be structurally capable of supporting the gate leaf and allow the gate to open and close without binding. The hinges shall be so designed to permit the gate to swing a full 100°.

2. Bottom Hinges: Wraparound adjustable type designed to carry the weight of the gate.

3. Upper Hinges: Wraparound adjustable type. E. Locking Devices:

1. Positive type latching device with provision for padlocking. F. Gate Keeper:

1. Install on centerline of double gates. 2. Gate keeper shall be adjusted with gate keeper rod to prevent opening of gate

levers when padlocked. 3. Fabricate from a 1-3/4 inch wide by 1-3/4 inch deep galvanized channelway

approximately 7 inches long. 4. Coordinate installation of anchor and/foundations with Owner based on

allowable excavations associated with environmental covenant. 5. Slope top edges of channelway from center toward each end. 6. Obtain approval from the Engineer prior to installation of the gate keeper.

PART 3 - EXECUTION 3.1 PREPARATION

A. Galvanizing: 1. Hot dip galvanize all fence and gate materials. 2. Minimum zinc coating shall be 2.0 ounces per square foot of surface. 3. Galvanize all gate frames after fabrication. 4. PVC outer coating shall be factory applied.

3.2 INSTALLATION

A. Post Spacing: 1. Equidistant in the fence line. 2. Maximum spacing l0 feet on centers.

B. Post Setting: 1. Set all posts plumb with tops aligned. 2. Set all posts not less than 5-feet below grade and install 6-inch layer of

bentonite at clay cap interface to 12-inches minimum outside of posts. Slope top of footing to shed water.

C. Bracing: Brace gate, corner, end and pull posts to the next nearest post with a horizontal brace (compression member) and a diagonal truss rod and truss tightener (tension member).

02444-4 CHAIN LINK FENCE AND GATES

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D. Rails: 1. Install rails before installing chain link fabric. 2. Pass top rail through intermediate post caps. 3. Provide expansion couplings spaced as recommended by manufacturer.

E. Gates: 1. All gates shall open a full 180°. 2. All gates shall open outward unless noted otherwise.

F. Alignment and Grade: 1. Install fencing to the alignment shown on the Drawings or as directed by the

Engineer. 2. Changes in alignment of 30° or more shall be considered as corners. 3. Install fencing to follow the general contour of the finished grades, unless

otherwise shown on the Drawings or as directed by the Engineer. 4. Install bottom edge of fence fabric approximately 2 inches above finished

grade.

END OF SECTION

APPENDIX A Maine Department of Environmental Protection

(Maine DEP) Site Location of Development Permit

S T A T E O F M A I N E

DEP A R T MEN T OF EN VIR ON MEN T A L PR OT ECT ION

PAUL R. LEPAGE AVERY T. DAY

GOVERNOR ACTING COMMISSIONER

AUGUSTA BANGOR PORTLAND PRESQUE ISLE 17 STATE HOUSE STATION 106 HOGAN ROAD, SUITE 6 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK AUGUSTA, MAINE 04333-0017 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769 (207) 287-7688 FAX: (207) 287-7826 (207) 941-4570 FAX: (207) 941-4584 (207) 822-6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143

web site: www.maine.gov/dep

September 2015 City of Bath 55 Front St. Bath, ME 04530 ATTN: Steven Balboni RE: Site Location of Development Act Minor Revision Application, Bath

DEP #L-14787-26-AR-M Dear Mr. Balboni: Please find enclosed a signed copy of your Department of Environmental Protection land use permit. You will note that the permit includes a description of your project, findings of fact that relate to the approval criteria the Department used in evaluating your project, and conditions that are based on those findings and the particulars of your project. Please take several moments to read your permit carefully, paying particular attention to the conditions of the approval. The Department reviews every application thoroughly and strives to formulate reasonable conditions of approval within the context of the Department’s environmental laws. You will also find attached some materials that describe the Department’s appeal procedures for your information. If you have any questions about the permit or thoughts on how the Department processed this application please get in touch with me directly. I can be reached at (207)592-1692 or at Marybeth.richardson@maine.gov. Sincerely,

Marybeth Richardson Bureau of Land Resources pc: File

STATE OF MAINE

DEPARTMENT OF ENVIRONMENTAL PROTECTION 17 STATE HOUSE STATION AUGUSTA, MAINE 04333-0017

DEPARTMENT ORDER

IN THE MATTER OF CITY OF BATH ) SITE LOCATION OF DEVELOPMENT ACT Bath, Sagadahoc County ) SOUTH END PARK IMPROVEMENTS ) MINOR REVISION L-14787-26-AR-M (approval) ) FINDINGS OF FACT AND ORDER Pursuant to the provisions of 38 M.R.S.A. §§ 481 et seq., the Department of Environmental Protection has considered the application of CITY OF BATH with the supporting data, agency review comments, and other related materials on file and FINDS THE FOLLOWING FACTS: 1. PROJECT DESCRIPTION:

A. History: In Board Order #L-14787-03/26-A-N, dated July 25, 1988, the Board approved the placement of fill for the construction of a road connecting the Shipyard of Bath Iron Works (BIW) to its South Yard. Numerous modifications and amendments to the project were approved by the Department subsequent to the original Board Order. Board Order #L-14787-26-M-A/L-14787-4E-N-N, dated July 8, 1998, approved the construction of a Land-Level Transfer Facility and a new dry dock in the Kennebec River, with a Special Condition requiring BIW to create a public park in the area of its South Yard. Department Order #L-14787-26-AC-M, dated September 30, 2002, approved the remediation and stabilization of the southerly six acres of the South Yard in preparation for its use as a public park. In Department Order #L-14787-26-AF-M, dated November 8, 2004, the Department approved the remediation of the remaining four acres of the parcel by capping the existing gravel with a soil cover, loam and seed, and the stabilization of a portion of the shoreline along the Kennebec River. Subsequently, the approximately 10-acre site was transferred to the applicant. Department Order #L-14787-26-AH-M, dated October 1, 2007, approved a number of improvements including a concrete walkway, a perimeter trail, bocce courts, and upgrades to an existing pier. The South End Waterfront Park is located between Washington Street and the Kennebec River in the City of Bath, Maine. B. Summary: The applicant proposes to construct an additional 12 parking spaces, install additional fencing along Washington Street and adjacent to the parking area, construct additional gravel trails to complete a walking loop within the fenced-in areas, install a seasonal water service, and construct an enclosure for portable toilets. The proposed improvements are shown on a set of plans, the first of which is titled “City of Bath – Contract Drawings for South End Park Improvements,” prepared by Wright-Pierce and dated July 16, 2015. C. Current Use of Site: The project area is currently the site of the South End Waterfront Park and includes a grassed field area, trails (paved and stone dust), a pier that provides access to the Kennebec River, parking for 15 vehicles, and bocce courts.

L-14787-26-AR-M 2 of 5

2. STORMWATER MANAGEMENT: Stormwater runoff from the expanded parking area will be directed to a limited disturbance forested buffer. The stormwater management plan was reviewed by an engineer from the Bureau of Land Resources (BLR). In a review memorandum dated September 14, 2015, BLR commented that the plan meets the Department’s Basic, General and Flooding Standards. The buffer will be protected from alteration through the execution of a deed restriction. The applicant proposes to use the deed restriction language contained in Appendix G of Chapter 500 and submitted a draft deed restriction that meets Department standards. Prior to the start of construction, the location of the forested buffer must be permanently marked on the ground. The applicant must execute and record the buffer deed restriction prior to the start of construction. The applicant must submit a copy of the recorded deed restriction to the BLR within 60 days of its recording.

3. GROUNDWATER: The proposed project was reviewed by an engineer from the Bureau of Remediation and Waste Management (BRWM). The facilities at the South End Park are located, in part, on a former landfill operated by Bath Iron Works and closed with a silty clay cap and topsoil in the early 2000’s. The parcel is encumbered with a Declaration of Environmental Covenant to protect the integrity of the landfill cap. BRWM’s review comments, dated August 7, 2015, made a number of recommendations relative to the proposed construction at the park. Among these recommendations are: all excavations to be less than 18 inches in depth, the use of a geotextile separator, provisions for re-compaction of disturbed soil, the location of the water service meter vault outside the waste boundary, the use of bentonite plugs for the fence posts and possibly for the corner posts for the portable toilet stockade enclosure and the post for the dog watering station, and the use of a wood waste/stump grinding filter berm in lieu of silt fencing to control erosion from the site. The applicant submitted a letter dated September 10, 2015 and revised plans dated September 2015 that address each of these issues. BRWM reviewed the additional information and stated that it adequately addresses BRWM’s recommendations.

4. WATER SUPPLY: The proposed project is anticipated to use up to 200 gallons per day of water on a seasonal basis. The applicant submitted a letter from the Bath Water District, dated July 16, 2015, indicating that it will be capable of servicing this project with an adequate and healthful water supply.

L-14787-26-AR-M 3 of 5

5. FINDING: The proposed project is a minor change and will not significantly affect any other issues identified during previous Department reviews of the project site.

Based on its review of the application, the Department finds the requested minor revision to be in accordance with all relevant Departmental standards. All other findings of fact, conclusions and conditions remain as approved in Board Order #L-14787-03/26-A-N, and subsequent Orders.

BASED on the above findings of fact, and subject to the conditions listed below, the Department makes the following conclusions pursuant to 38 M.R.S.A. §§ 481 et seq.: A. The applicant has provided adequate evidence of financial capacity and technical ability

to develop the project in a manner consistent with state environmental standards. B. The applicant has made adequate provision for fitting the development harmoniously into

the existing natural environment and the development will not adversely affect existing uses, scenic character, air quality, water quality or other natural resources in the municipality or in neighboring municipalities.

C. The proposed development will be built on soil types which are suitable to the nature of

the undertaking and will not cause unreasonable erosion of soil or sediment nor inhibit the natural transfer of soil.

D. The proposed development meets the standards for storm water management in Section

420-D and the standard for erosion and sedimentation control in Section 420-C provided the stormwater buffer is marked and protected as described in Finding 2.

E. The proposed development will not pose an unreasonable risk that a discharge to a

significant groundwater aquifer will occur. F. The applicant has made adequate provision of utilities, including water supplies,

sewerage facilities and solid waste disposal required for the development and the development will not have an unreasonable adverse effect on the existing or proposed utilities in the municipality or area served by those services.

G. The activity will not unreasonably cause or increase the flooding of the alteration area or

adjacent properties nor create an unreasonable flood hazard to any structure. THEREFORE, the Department APPROVES the application of the CITY OF BATH to make improvements at the South End Waterfront Park as described in Finding 1, SUBJECT TO THE FOLLOWING CONDITIONS and all applicable standards and regulations:

L-14787-26-AR-M 5 of 5

DEP SITE LOCATION OF DEVELOPMENT (SITE) STANDARD CONDITIONS STRICT CONFORMANCE WITH THE STANDARD AND SPECIAL CONDITIONS OF THIS APPROVAL

IS NECESSARY FOR THE PROJECT TO MEET THE STATUTORY CRITERIA FOR APPROVAL.

A. Approval of Variations from Plans. The granting of this approval is dependent upon and limited to the proposals and plans contained in the application and supporting documents submitted and affirmed to by the applicant. Any variation from these plans, proposals, and supporting documents is subject to review and approval prior to implementation. Further subdivision of proposed lots by the applicant or future owners is specifically prohibited without prior approval of the Board, and the applicant shall include deed restrictions to that effect.

B. Compliance with All Applicable Laws. The applicant shall secure and comply with all

applicable federal, state, and local licenses, permits, authorizations, conditions, agreements, and orders prior to or during construction and operation, as appropriate.

C. Compliance with All Terms and Conditions of Approval. The applicant shall submit all

reports and information requested by the Board or the Department demonstrating that the applicant has complied or will comply with all preconstruction terms and conditions of this approval. All preconstruction terms and conditions must be met before construction begins.

D. Advertising. Advertising relating to matters included in this application shall refer to this

approval only if it notes that the approval has been granted WITH CONDITIONS, and indicates where copies of those conditions may be obtained.

E. Transfer of Development. Unless otherwise provided in this approval, the applicant shall not

sell, lease, assign or otherwise transfer the development or any portion thereof without prior written approval of the Board where the purpose or consequence of the transfer is to transfer any of the obligations of the developer as incorporated in this approval. Such approval shall be granted only if the applicant or transferee demonstrates to the Board that the transferee has the technical capacity and financial ability to comply with conditions of this approval and the proposals and plans contained in the application and supporting documents submitted by the applicant.

F. Time frame for approvals. If the construction or operation of the activity is not begun within

four years, this approval shall lapse and the applicant shall reapply to the Board for a new approval. The applicant may not begin construction or operation of the development until a new approval is granted. A reapplication for approval may include information submitted in the initial application by reference. This approval, if construction is begun within the four-year time frame, is valid for seven years. If construction is not completed within the seven-year time frame, the applicant must reapply for, and receive, approval prior to continuing construction.

G. Approval Included in Contract Bids. A copy of this approval must be included in or attached

to all contract bid specifications for the development. H. Approval Shown to Contractors. Work done by a contractor pursuant to this approval shall not

begin before the contractor has been shown by the developer a copy of this approval.

(2/81)/Revised December 27, 2011

OCF/90-1/r95/r98/r99/r00/r04/r12

DEP INFORMATION SHEET Appealing a Department Licensing Decision

Dated: March 2012 Contact: (207) 287-2811

SUMMARY

There are two methods available to an aggrieved person seeking to appeal a licensing decision made by the Department of Environmental Protection’s (“DEP”) Commissioner: (1) in an administrative process before the Board of Environmental Protection (“Board”); or (2) in a judicial process before Maine’s Superior Court. An aggrieved person seeking review of a licensing decision over which the Board had original jurisdiction may seek judicial review in Maine’s Superior Court.

A judicial appeal of final action by the Commissioner or the Board regarding an application for an expedited wind energy development (35-A M.R.S.A. § 3451(4)) or a general permit for an offshore wind energy demonstration project (38 M.R.S.A. § 480-HH(1)) or a general permit for a tidal energy demonstration project (38 M.R.S.A. § 636-A) must be taken to the Supreme Judicial Court sitting as the Law Court.

This INFORMATION SHEET, in conjunction with a review of the statutory and regulatory provisions referred to herein, can help a person to understand his or her rights and obligations in filing an administrative or judicial appeal. I. ADMINISTRATIVE APPEALS TO THE BOARD

LEGAL REFERENCES

The laws concerning the DEP’s Organization and Powers, 38 M.R.S.A. §§ 341-D(4) & 346, the Maine

Administrative Procedure Act, 5 M.R.S.A. § 11001, and the DEP’s Rules Concerning the Processing of

Applications and Other Administrative Matters (“Chapter 2”), 06-096 CMR 2 (April 1, 2003).

HOW LONG YOU HAVE TO SUBMIT AN APPEAL TO THE BOARD The Board must receive a written appeal within 30 days of the date on which the Commissioner's decision was filed with the Board. Appeals filed after 30 calendar days of the date on which the Commissioner's decision was filed with the Board will be rejected.

HOW TO SUBMIT AN APPEAL TO THE BOARD

Signed original appeal documents must be sent to: Chair, Board of Environmental Protection, c/o Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017; faxes are acceptable for purposes of meeting the deadline when followed by the Board’s receipt of mailed original documents within five (5) working days. Receipt on a particular day must be by 5:00 PM at DEP’s offices in Augusta; materials received after 5:00 PM are not considered received until the following day. The person appealing a licensing decision must also send the DEP’s Commissioner a copy of the appeal documents and if the person appealing is not the applicant in the license proceeding at issue the applicant must also be sent a copy of the appeal documents. All of the information listed in the next section must be submitted at the time the appeal is filed. Only the extraordinary circumstances described at the end of that section will justify evidence not in the DEP’s record at the time of decision being added to the record for consideration by the Board as part of an appeal.

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WHAT YOUR APPEAL PAPERWORK MUST CONTAIN

Appeal materials must contain the following information at the time submitted:

1. Aggrieved Status. The appeal must explain how the person filing the appeal has standing to maintain an appeal. This requires an explanation of how the person filing the appeal may suffer a particularized injury as a result of the Commissioner’s decision.

2. The findings, conclusions or conditions objected to or believed to be in error. Specific references and facts regarding the appellant’s issues with the decision must be provided in the notice of appeal.

3. The basis of the objections or challenge. If possible, specific regulations, statutes or other facts should be referenced. This may include citing omissions of relevant requirements, and errors believed to have been made in interpretations, conclusions, and relevant requirements.

4. The remedy sought. This can range from reversal of the Commissioner's decision on the license or permit to changes in specific permit conditions.

5. All the matters to be contested. The Board will limit its consideration to those arguments specifically raised in the written notice of appeal.

6. Request for hearing. The Board will hear presentations on appeals at its regularly scheduled meetings, unless a public hearing on the appeal is requested and granted. A request for public hearing on an appeal must be filed as part of the notice of appeal.

7. New or additional evidence to be offered. The Board may allow new or additional evidence, referred to as supplemental evidence, to be considered by the Board in an appeal only when the evidence is relevant and material and that the person seeking to add information to the record can show due diligence in bringing the evidence to the DEP’s attention at the earliest possible time in the licensing process or that the evidence itself is newly discovered and could not have been presented earlier in the process. Specific requirements for additional evidence are found in Chapter 2.

OTHER CONSIDERATIONS IN APPEALING A DECISION TO THE BOARD

1. Be familiar with all relevant material in the DEP record. A license application file is public information, subject to any applicable statutory exceptions, made easily accessible by DEP. Upon request, the DEP will make the material available during normal working hours, provide space to review the file, and provide opportunity for photocopying materials. There is a charge for copies or copying services.

2. Be familiar with the regulations and laws under which the application was processed, and the

procedural rules governing your appeal. DEP staff will provide this information on request and answer questions regarding applicable requirements.

3. The filing of an appeal does not operate as a stay to any decision. If a license has been granted and it has been appealed the license normally remains in effect pending the processing of the appeal. A license holder may proceed with a project pending the outcome of an appeal but the license holder runs the risk of the decision being reversed or modified as a result of the appeal.

WHAT TO EXPECT ONCE YOU FILE A TIMELY APPEAL WITH THE BOARD

The Board will formally acknowledge receipt of an appeal, including the name of the DEP project manager assigned to the specific appeal. The notice of appeal, any materials accepted by the Board Chair as supplementary evidence, and any materials submitted in response to the appeal will be sent to Board members with a recommendation from DEP staff. Persons filing appeals and interested persons are notified in advance of the date set for Board consideration of an appeal or request for public hearing. With or without holding a public hearing, the Board may affirm, amend, or reverse a Commissioner decision or remand the matter to the Commissioner for further proceedings. The Board will notify the appellant, a license holder, and interested persons of its decision.

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II. JUDICIAL APPEALS

Maine law generally allows aggrieved persons to appeal final Commissioner or Board licensing decisions to Maine’s Superior Court, see 38 M.R.S.A. § 346(1); 06-096 CMR 2; 5 M.R.S.A. § 11001; & M.R. Civ. P 80C. A party’s appeal must be filed with the Superior Court within 30 days of receipt of notice of the Board’s or the Commissioner’s decision. For any other person, an appeal must be filed within 40 days of the date the decision was rendered. Failure to file a timely appeal will result in the Board’s or the Commissioner’s decision becoming final. An appeal to court of a license decision regarding an expedited wind energy development, a general permit for an offshore wind energy demonstration project, or a general permit for a tidal energy demonstration project may only be taken directly to the Maine Supreme Judicial Court. See 38 M.R.S.A. § 346(4). Maine’s Administrative Procedure Act, DEP statutes governing a particular matter, and the Maine Rules of Civil Procedure must be consulted for the substantive and procedural details applicable to judicial appeals.

ADDITIONAL INFORMATION

If you have questions or need additional information on the appeal process, for administrative appeals contact the Board’s Executive Analyst at (207) 287-2452 or for judicial appeals contact the court clerk’s office in which your appeal will be filed. Note: The DEP provides this INFORMATION SHEET for general guidance only; it is not intended for use

as a legal reference. Maine law governs an appellant’s rights.

APPENDIX B South End Park

Environmental Covenants

DRAWINGS