HomeMy WebLinkAbout1984-05-30 84-225 ORDER84-225
Introduced by Councilor cox, May 30, 1984
�u CITY OF BANGOR
(TITLE.) @ri1Br,......_Authorizing. Conveyance of Former Ford Street
Sight -oY.Way ------------------------ ..
By eke Cies Council ofdw City ofBawpor:
ORDERED,
THAT, WHERIAS, by a Plan dated January 20, 1925, recorded
in Flan Book 13, page 3, Penobscot Registry o£ Deeds, the Graham
Ivers Company proposed to develop a large subdivision running
generally from Onion Street to Hammond Street; and
WHEREAS; most of said subdivision was never developed and
Was acquired as a part of the acquisition of property for what
is now known as Bangor International Airport; and
WHEREAS, said Plan shows a public right-of-way designated
as "Ford Street" running generally from Dunning Boulevard to
Westland Avenue; and
WHEREAS, said Ford Street has never bass built; and
WHERE@S, by Council Order 0220 AC adopted an May. 28, 1975,
the Bangor City Council formally abandoned any interest in said
Ford Street: and
WHEREAS, one of the owners of a lot adjacent to said right-
of-way has requested that the City release to her its interest in
one-half of said proposed right-of-way; and
WHERBAS, the City Council ban deteamised that said rigbt�of-
way should be split equally among the adjacent owners according to
the amount of frontage for their respective lotbi
NOW, THE3EFORE, Be It
ORDERED, THAT the City Manager is hereby authorized to execute
municipal quitclaim deeds, in a form approved by the City Solicitor,
providing for the splitting and conveyance of the Ford Street right-
of-way to the adjacent land owners to the extent that their properties
may front on said right-of-way.
In City Council May 30,1904
Passed 04-225 "
0 R D E R
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RECEIVEU Auth rizdaeConveyance Of Foamar Yerd
city OF BINGOS............ ................ �..........
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Street Right -Of way
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1
84-225
AGREEMENT
THIS AGREEMENT is entered into as of this day of
1984 by and between the CITY OF BANGOR, a municipal corporation with
its principal place of business located at 73Harlow Street, Bangor,
Maine (hereinafter "City") and LANE, FRENCHMAN and ASSOCIATES, INC.,
a corporation with a place of business located at 25 West Street,
Boston, Massachusetts (hereinafter referred to alternatively as
"Contractor" or "Consultant").
WITNESSETH:
WHEREAS, the City solicited proposals for the provision of
consultant services in regards to the implementation of improvements
to building facades in downtown Bangor; and
WHEREAS, the City has determined that Contractor is well-suited
to provide such services, and Contractor is desirousof providing the
same.
NOW, THEREFORE, in consideration of the mutual obligations and
responsibilities herein set forth, the City and the Contractor agree
as follows:
I. STATEMENT OF PURPOSE
The purpose of this activity is for the consulting firm to
provide an inventory and analysis of the building facades in the
Downtown Revitalization Area of Bangor. Further, this activity is to
provide guidance to the Design Review Committee established under the
City's Bangor Center Revitalization Area Ordinance in carrying out the
objectives and specific standardsfor review established under that
Ordinance. The consultant's activity and products as spelled out in
the Scope of Work indicated below should result in the City's having __ _
the capability of evaluating individual projects for facade improve-
ments both within the context of the revitalization area ordinance
and the types of buildings existing in the downtown area. It is the
expressed intent of this contract to provide the City'.s. Design Review
Committee with the capability of interpreting and using the information
developed in its capacity of reviewing individual facade improvement
projects under the ordinance, as well as to provide thespecific inven-
tory and analysis information.
II. STUDY AREA
The Study Area shall consist of the area of downtown Bangor
encompassed by the City's Bangor Center Revitalization Area Ordinance
(hereinafter referred to as the "Ordinance"), all as more fully identi-
fied on Exhibit A attached hereto and incorporatedherein by reference.
II1. SCOPE OF WORK
The Contractor shall do, perform, and carry out in a satis-
factory manner the following:
TASK 1 - INVENTORY OF BUILDINGS AND SITES
The Contractor shall, either through the use of photographs
r drawings, document each property and/or building in the study area.
If photographed, the photographs shall be of professional quality
utilizing a 35mm camera and paralax distortion corrective lenses.
TASK 2 - CLASSIFICATION OF BUILDING AND BLOCK TYPES
The Contractor shall classify all buildings in the study area
by physical types based upon their architectural style and scale. He
shall identify the Predominant Characteristics of each type. These
will serve as the basis for the development of Design Guidelines.
Moreover, the compositional characteristics of each block£ront and
intersection shall be set forth in order to: (1) provide the basis
for establishing a harmonious character of streetfront commercial
storefronts and their signage, and '(2) provide the basis for guiding
development or redevelopment on infill sites.
TASK 3 - IDENTIFICATION OF TYPICAL REUSE AND MATERIALS
R RATIO LEMS
Because many of the older buildings in the area have been and
will be, of necessity, converted to new uses to prolong their economic
life, and because product merchandising has changed somewhat since the
original storefronts were designed, the Contractor shall address the
typical conversion/merchandising issues likely to be raised in enforcing
the existing ordinance. He shall illustrate alternative ways to deal
with these issues.
Where alternative technologies or materials exist to restore or
replace various building materials, the Contractor shall recommend
techniques and products which are consistent with the intent of the
Ordinance and shall point out significant cost differences where they
exist. The Contractor shall either prepare outline specifications
and/or provide manufacturer's listings for recommended "or equal'
products for typical detailing. He shall discuss the recommended
latitude to be permitted for each building component and restoration
process.
TASK 4 - ESTABLISHMENT OF DESIGN 'GUIDELINES
The Contractor shall set forth, by building type, rules for
restoration and infill which are consistent with the terms of this
Ordinance, with the Predominant Building Type Characteristics
identified in Task 2, and with the blockfront character where a black
is composed of several building types or where newer nondescript
buildings could be made more harmonious with their neighbors. He shall
also review the sign ordinance and suggest more stringent regulations
where deemed appropriate. The Contractor will convey this information,
in part, by comparing before and after illustrations of buildings
of each identified type, as well as of at least one blockfront. The
specific buildings and block to be illustrated will be selected in
consultation with the Design Review Committee.
TASK 5 - RECOMMENDED ACTIONS AND PROBABLE COSTS BY BUILDING
The Contractor shall assess each building in terms of its
historic (where information is available) and current
ent usage, building
condition, and historic integrity. With the help of the Code Enforce-
ment Officer, he shall recommend restorative actions consistent with
the Ordinance and Guidelines and will attach rough conformance costs
to each building. This information will be displayed as part of a
handbook for use by the Design Review Committee. The handbook will
list the aforementioned information next to the documentary photograph
of each building developed in Task One.
TASK 6 - DESIGN REVIEW PROCEDURE
The Contractor shall submit a working paper to the Design Review
Committee outlining a hypothetical (or actual) submission an a specific
property, with a discussion as to how the guidelines would be used to
mandate revision in the Developer/Architect's submission.
TASK ] - REPORT TEXT AND GRAPRICS
The Contractor shall provide to the City all original graphic
work developed as a part of this contract in order thattheCity can
include such graphics in a final report. The Contractor will also
prepare a xeroxed summary report sufficient to convey the work of the
contract to the Design Review Committee. The Contractor is not, order
the terms of the Contract, obligated to produce a published report
for public dispersal, or to pay the printing costs required to repro-
duce graphics in a printed (as opposed to xeroxed) format, nor to
design or layout such a report. The Contractor does, however, indicate
his willingness to undertake such work either under separate contract
or as an extension of this Contract, for a mutually agreed upon sum.
No report, maps, graphicwork or other documents produced,
in whole or in part, under this Agreement shall be the subject of an
application for copyright by or on behalf of the Contractor, its agents
or assigns. All such materials furnished to City under this Agreement
shall be the property of the City, and it shall be free to use the
same in any manner it deems appropriate.
IV. PROSECT PROCEDURES AND ADMINISTRATION
The design activites will be supervised and coordinated by
the City's Department of Planning and Community Development. The
Planning and Community Development Department Staff will assist the
Contractor in organizing necessary meetings with. various groups
involved in the various phases of the project and will meet periodically
withthe Contractor to provide Intimation, review progress, and provide
input into the work products. The following minimum number of formal
presentations and work products will be required of the Contractor in
fulfillment of the obligations of this work program:
1. Work Products
A. Task 1 -- Photographic Architectural Inventory of each
uuii m and each blockfront in the study area. This
will be provided separately, but will be presented with
the report in conjunction with Task 5.
B. Task 2 -- A graphic and verbal presentation of the
TTFr—edominant Characteristics" of each building type
category within the study area. Identification of
blocks requiring special consideration resulting from
their mixture of building types and/or a substantial
percentage of building frontage which is not aasily
classifiable as one of the identified buildingtypes.
C. Task 3 -- A working paper outlining typical reuse and
maierral restoration problems and recommended solutions.
Outline specifications or product literature describing
specific recommended materials and procedures.
D. Task 4 -- A presentation of recommended design guide-
r nes including graphic presentation of. selected before
and after views of one building from each Building Type
Category, as well as recommended signage and color
guidelines.
E. Task 5 -- A written, illustrated text outlining recommended
treatments on a building by building basis, and including
estimated costs.
P. Task 6 -- A case study outlining recommended procedural
guidelines for dealing with a Developer/Architect
Applicant within the Study Area. A seminar/discussion
with members of the Design Review Committee.
G. Task ] -- Submission of a xeroxed summary report to the
LT tend its Design Review Committee.
2. Meeting and Presentation Schedule
A. Session. One -- Data Base preparation
The Contractor will spend 2-4 days in Bangor inven-
torying all buildings and meeting with Agency officials
involved in the creation and enforcement of the "Revitali-
zation Area Ordinance", as well as selected members of
the Design Review Committee, other public officials, and
owners/developers who have rehabilitated buildings within
the District and/or are confronted with mandated com-
pliance with the Ordinance.
B. Session Two -- Presentation of Building and Blockfront
Types
A presentation/discussion with the Design Review
Committee which will attempt to: (1) clarify those
aspects of the Ordinance which are subject to inter-
pretation versus those which are rote; (2) clarify
the Predominant Characteristics of each of the iden-
tified Building Types; (3) identify those ideosyncratic
buildings which are not easily categorized and which
therefore pose particular problems for the Committee,
and (4) review
w blockfronts with regard to shopfront
coordination and possible infill sites. We will select
sites for demonstration of the Design Guidelines at
this meeting.
C. Session Three -- Presentation of .Design Guidelines
A presentation/discussion of Tasks 3 and 4, "Identifi-
cation of Typical Reuse and Material Restoration
Problems", and "Establishment of Design Guidelines".
The Contrator shall use both 1»cal and out-of-town
examples of problems and solutions and shall include
before and after examples of each building type, the
latter altered to conform to the Ordinance and the
Design Guidelines.
D. Session Four -- Review of Final Report/Work Session
on Review procedures
The Contractor shall submit the final written report
in advance of this meeting and shall review that report
with the Design Review Committee and Agency personnel.
E. Additional Meetings
Additional meetings shall be held by the Contractor as
he deems necessary to satisfactorily complete the work
of this contract. These shall include meetings with
local agencies, buildings, owners.of property within
the study area, and other parties. Meetings required
by the City over and above those agreed to under the
terms of this section shall be compensated on an hourly.
basis according to the fee scheduled attached to this
contract.
3. Time of Performance
The services of the Contractor shall commence on the
effective date of this Contract and shallbe undertaken
and completed in such sequence so as to assure their
expeditious completion in light of the purposes of the
Agreement. In any event, all of the services required
hereunder shall be completed within four'(4) months from
the effective date of this Contract.
ri
V. COMPENSATION
The City agrees
to pay the Contractor the Som of $15,000
for
all services hereunder.
Payment shall be made in monthly
allotments
in accordance with the
following schedule:
A. Initial retainer upon execution of Contract
$,1,500.00
B. Month One:
Completion of Tasks 1 and 2
$ 4,000.00
C. Month Two:
Completion of Tasks 3and 4
$ 3,500.00
D. Month Three:
Completion of Task 5
$ 2,500.00
E. Month Four:
Completion of Tasks 6 and ]
"$ 3;500.00
Total Compensation
$15,000.00
Prior to each payment hereunder, Contractor shall submit to the City
a voucher for same. Said voucher shall certify that the Contractor
is entitled to the requested payment by reason of its completion of
the required task(s). If the City is satisfied that the required
tasks have been properly comppleted, payment shall be made to the
Contractor within fifteen (15) days from receipt of the voucher.
VI. GOVERNING LAW
This Agreement shall be construed in accordance with the Laws
of the State of Maine. Any disputes arising out of or in the course
of this Agreement which are not resolved by mutual agreement of the
parties hereto shall be resolved by litigation in the Maine Superior
Court for Penobscot County.
VII. NOTICE
Any notice which either party desires or is required to give to
the other in connection with this Agreement shall be in writing and
shall be sent postage prepaid, certified mail, return receipt requested,
as follows:
If to City
John W. Flynn, City Manager
City Hall
73 Harlow Street
Bangor, Maine 04401
If to Contractor:
Christopher Chadbourne, AIA
Lane, Frenchman and Associates, Inc.
25 West Street
Boston, Massachusetts 02111
or such other person or address as may be designatedby the parties.
VIII.
A. The Contractor agrees to provide additional services in
two areas to the City and the Design Review Committee:
1. Preparation of Published Report - The Contractor
agrees to prepare copyready text and illustrations,
and to design and layout a booklet on the Design
Guidelines for distribution to Property Owners,
Developers, and Architects working in the study area.
The length and format of said report shall be
established by the City in consultation with Con-
tractor.
2. Ongoing consultation to the Design Review Committee -
The Contractor agrees to provide ongoing assistance
to the Committee for a period of one year beyond the
duration of the Contract. That assistance shall take
the form of written advisory positions on submissions
before the Board and direct consultation as requested
by the Board, subject to a minimum agreed upon advance
notice to be given to the Contractor.
B. Compensation
1. Preparation of Published Report - Shall be on a direct
time and materials times a multiple basis, or upon a
.lump sum plus reproduction cost basismutually agreed
upon, pursuant to clarification of report length and
format, number or original graphics, and degree of
staff assistance from the City.
2. Shall be on a multiple of time plus materials basis
according to the following schedule;
Principals $50.00/Hr
Project Managers at. 13.00/Hr x 2.5 = $32.50/Hr
Senior Architects at 10.50/Hr x 2.5 $26.25/Hr
Architects at 9.50/Hr x 2.5 = $23.75/Hr
Staff at 6.50/Hr x 2.5 - '$16.25/Hr
IX SUPPLEMENTAL TERMS AND CONDITIONS
The Contractor agrees that this Agreement is subject to, and
the Contractor shall abide by, the provisions set forth in Exhibit B
attached hereto and incorporated herein by reference, provided,. however,
that Paragraph 15 is deleted in its entirety and replaced with the
following:
15. Interest of Contractor. The Contractor covenants that
he presently has no interest and shall not acquire, during the term
of this Agreement, any interest, direct or indirect, which would
conflict in any manner or degree with the performance of his services
hereunder.The Contractor further covenants that in the performance
of this Agreement no person having any such interest shall be employed.
IN WITNESS WHEREOF, the City of Bangor and Lane, Frenchman and
Associates, Inc., have executed this Agreement in duplicate counter-
parts as of the day and year first above written.
CITY OF BANGOR
BY
Witness John W. F ynn, City Manager
LANE, FRENCHMAN AND. ASSOCIATES, INC.
BY
onat an $: Lane, Principal
STREgM
I CONTRACT Eon. PROFESSIONAL SERVICES
1V. Part IT - Terms and Conditions
1. Termination of Contract for Cause. If, through any "cause, the
consultant shall fail to fulfill i a timely and proper Mercer his oblige -
tions under this Contract, or if the Consultant shall violate any of the
Covenants. agreements, or stipulations of this Contract, the Municipality
shall, thereupon, have the right to terminate this Contract by giving
written notice to the Consultant of each terutnation and specifying the
effective date thereof, at least five days before the effective date of
such termination. In such event, all finished or unfinished documents, data,
atudies, and reports prepared by the Consultant under this Contract shall,
at the option of the Municipality, become its property and the Consultant
shall be entitled to receive just and equitable compensation for any satis-
factory work completed on such documents.
Notwithstanding the above, the Consultant shall cwt be relieved of
liability to NS Municipality for damages sustained by the Municipality by
virtue of any breach of the Contract by the Consultant, and the Municipality
may withhold any payments to the Consultant for the purpose of setoff until
such time as the exact amount of damages due the Municipality from the Con-
oultant is determined.
Lrs i.. Termination for Convenience of Municipality. The Municipality may
terminate this Contract at any.time by a notice in writing from the Municipality
to the Consultant. If the Contract is terminated by the Municipality.as
provided herein, the Consultant will be paid an amount which bears the same
ratio to the total compensationas the services actually performed bear to
c
the total s of Phe Consultant c rednt
by this Contract, less paymea
of compensation previously made, Provided, however, that if less than sixty
percent of the services covered by this Contract have base performed upon
the effective date of such termination, the Consultant shall he reimbursed
(in addition To the above payment) for that portion of the actual out-of-
pOcket expenses (not otherwise reimbursed under this Contract) incurred by
The Consultant during the Contract period which are directly attributable be
the uncompleted portion of the services covered by this Contract. If this
Contract isterminated due to The fault of the Consultant, Section 1 hereof,
relative to termination, shall apply.
3. Changes. The Municipality say, from time to time, request changes
in the scope of the services of the Consultant to be performed hereunder.
Such Changes, including any increase or decrease in the amount of The Con-
sultant's compensation, which a mutually agreed upon by and between the
Municipality and the Consultant,shallbe incorporated in written amendments
to this Contract.
' EXHIBIT B
d. personnel
v a. The Wnsultant represents that he has, or will secore at his
Own expense, all personnel required in performing the services
under thin Contract. Such personnel shall not be employees
of Or have any contractual relationship with the Municipality.
b. All the services required, hereunder, will he performed by the
WISUCent Or under his supervision and all personnel engaged in
the work shall be fully qualified and SM11 be authorized o
permitted under State and local law to perform such services.
e. NO person who is serving sentence in a penal or
correctional
lnatitutim shall be amploy8d on work under this contract.
S. Anti -Kickback Rules. salaries of architects, draftsman, technical
engineers, and technicians performing work under this Wntract shall he paid -
Unconditianally aha not leas often than once a month without deduction or
rebate an any account except only such payroll deductions asre mandated
by law or permitted by the applicable regulations issued by the Secretary of
labor pursuant to the "Anti -Kickback Art" of June 13, 1934, (48 Stat. 948:
62 Stat. 740: 63 Stat. 108: title U.S.C., section 874; and title 40 U.S.C.,
section 2960). The Wnsultant shall Comply with all applicable "Anti -Kickback"
regulations and shall insert appropriate provisions in all subcontract¢
Covering work under this Contract to insure compliance by.subconnractors
with such regulations, and shall he responsible for the submission of
affidavits required of subcontractors thereunder except as the Secretary of
Iabor may specifically provide for variations of Cr exemptions from the
requirements thersoP.
6. withholding of Salaries. if, in the performance of this Contract,
there is any underpayment of salaries by the Consultant or by any sub-
ontractor thereunder, the Municipality shall withheld from the Conaltant
out Of payments due to him an amount sufficient to pay to employees underpaid
the difference between the salaries required hereby W be paid and the salaries
actually paid such employees for the total number of hours worked. The
amounts withheld shallhedisagreed by the MunicipslltY for and on account
Of the consultant or subcontractor to the respective employees to whom they
are due.
]. Claims and Disputes Pertaining to Salary pates. Claims -a:d dis-
putes pertaining W salary rates or to classifications of architects, drafts -
,technical engineers, and technicians performing work under this Contract
shall be promptly reported in writing by the Consultant to the Municipality
for the latter's decision which shall be final with respect Instate.
S. Equal Employment opportunity. During the performance of this Ton -
Tract, the Consultant agrees as fellows.
a. The Consultant will net discriminate against any employee o
applicant for employment because of race, color, religion, s
1 national origin. The Consultant will take affirmative
{d action to ensure that applicants are employed, and that
employees are treated during employment, without regard to' -
10. Compliance With Local Laws. The Consultant shall comply with
all applicable laws, ordinances, and codes of the State and local govern -
Seats, and shall covmf[ no trepass on any public or private property in
Performing any Of the work embraced by this Contract.
11. Subcontracting. Mone of the services covered by this Contract
shall be Subcontracted without the prier written consent of the Muni-
cipality. The Consultant shall be as fully responsible to the Municipality
for the acts and omissions of his subcontractors, and of persons either
directly or indirectly employed by him. The Consultant shall insert i
each subcontract appropriate provisions requiring compliance with the labor
standards provisions of this Contract.
12. Assignability. The Consultant shall not assign any interest in
this Contract and shall not transfer any interest in the s e (whether by
assignment o nvation) without the prior written approval am
the
Municipality Provided, however, that claims for money due or to become
due the Consultant from the Municipality under this Contract may be assigned
to a bank. trust company, or other Financial institution, or to a Trustee
in Bankruptcy, without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Municipality.
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their race, color, religion, sex or national origin. Such
action shall include, but not be limited to, the following:
OI/
emplOyment, upgrading, demotion, or transfer; recruitment o
recruitment advertising; layoff or termination; rates cf.pay
or other forms of compensation; and selection for training,
including apprenticeship. The consultant
agrees to post in
conspicuous places, available to employees
and applicants
for employment, offices to bq provided by the Municipality
setting Porch the provisions of this nondiscrimination
clacce.
b.
The Consultant will, in all solicitations or advertisements
for employees placed by or an behalf of the Consultant, state
that all qualified applicants will receive consideration for
'employment without regard to race, color, religion, sex, Or
national origin.
C.
The Consultant will cause the foregoing provisions to ba m-
ortes in all subcontracts for any work covered by this Pon-
traOt so that such provisions will be binding upon each
subcontractor.
9.
Discrimination Because of Certain Labor Matters. No person
employed
on the work covered by this Contract shall be discharged or i
any way discriminated against because he has Piled any complaint or in-
stituted
or caused to be instituted any proceedings or has testified o
s about
to testify in any proceedings under or relating to the labor
standards
applicable hereunder to his employer.
10. Compliance With Local Laws. The Consultant shall comply with
all applicable laws, ordinances, and codes of the State and local govern -
Seats, and shall covmf[ no trepass on any public or private property in
Performing any Of the work embraced by this Contract.
11. Subcontracting. Mone of the services covered by this Contract
shall be Subcontracted without the prier written consent of the Muni-
cipality. The Consultant shall be as fully responsible to the Municipality
for the acts and omissions of his subcontractors, and of persons either
directly or indirectly employed by him. The Consultant shall insert i
each subcontract appropriate provisions requiring compliance with the labor
standards provisions of this Contract.
12. Assignability. The Consultant shall not assign any interest in
this Contract and shall not transfer any interest in the s e (whether by
assignment o nvation) without the prior written approval am
the
Municipality Provided, however, that claims for money due or to become
due the Consultant from the Municipality under this Contract may be assigned
to a bank. trust company, or other Financial institution, or to a Trustee
in Bankruptcy, without such approval. Notice of any such assignment or
transfer shall be furnished promptly to the Municipality.
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13. Interest of Member of the Municipality. NO member of the govern-
ing body of the Municipality, and no other public official, officer, employee,
or agent of the Municipality who exercises
any functions o responsibilities
in connection with the carrying out of the Community Development Block Grant
Program activity to which this Contract pertains, shall have any personal
interest, direct or indirect, in this Contract.
14. Interest of Certain Federal Officials. No mtlntet or Delegate to
the Congress of the United States, and no Resident Commissioner, SM11 be
Admitted to any share or part of this Contract Or to any benefit to arise
herefrom.
15. Interest of Consultant. The Consultant covenarks that he presently
has no interest and shall not acquire any interest, direct or indirect,
which would conflict in any manner or degree win the Performance of his
Services hereunder. The consultant further covenants that in the performance
Of this Contract no person having any such interest shall be esployar.
16. Access to Records. The Municipality, the Federal grantor agency,'
the Comptroller General of the United States, or any of their duly authorized
representatives shall have access to any books, documents, papers, and re-
cords
ords Of the Consultant which are directly pertinent to this Agreement for
the purpose of making Audit examination, excerpts, and transcriptions. The
Consultant shall preserve all such records fox the period identified in the
Community Development Block Grant program regulations.
17. Section 3 Compliance in the Provision of Training, Eamployment
and Business Opportunities.
a. The work to be performed under this Contract is on
a project
assisted under a program providing direct Federal financial a ist-
ce from the Department of Housing 6 Urban Development is subject
to the requirements of Section 3 of the housing a Urban Development
Act Of 1968, as amended, 12 U.B.C. 1701u. Section 3 requires that
to the greatest extent feasible opportunities for training and
employment be given lower in residents of the project area'
and contracts for work in connection with the project he awarded
W business concerns which are located in, o n
owned i substantial
Part by Persons residing in the area of she project.
b. The parties to this Contract will comply with the provisions of
said Section 3 And one regulations issued Pursuant thereto by the
Secretary of Housing and Urban Development set forth in 24 CFR
Part 135, and all applicable rules and orders Of the Department
issued thereunder prior to the execution of this contract. The
parties to this Contract certifyaM agree that they Are under no
contractual or other disability which would prevent than from.
applying with these requirements.
LW
. The Contractor will send to each labor Organization or representa-
tive Of workers with which he has a Collective bargaining agreement
or other contract or understanding. if any, a notice advising the
Said labor organization or workers' representative of his commit-
ments under this Section 3 clause and shall post copies of the
Notice in ronapicuoue places available to employees and applicants
for employment or training.
d. The Contractor will include this Section 3 clause in every sub-
contract for Werk in connection with the project and will, at the
direction Of the applicant far or recipient of Federal financial
asistance, take appropriate action pursuant to the subcontract
upon A finding that the subcontractor is in violation of regula-
tions issued by the Secretary of Housing and Urban Development,
34 CFR part 135. The Contractor will hot Subcontract with any
Subcontractor where it has notice or knowledge That the latter
has been found inviolation of regulations unde
and will not let "Y subcontract unless the ar 34 CFR Part 335
rontractor has
first Provided it with a preliminary aWtement Of ability to
Comply with the requirements of these regulations.
18. Findings Confidential. All Of the reports, information, data,
Or
this Contract are
etc., prepared a assembled by the Consultint.under
confidential red the Consultant agrees that they shall not be made available
. to any individual or organization without the prior written approval of the
y.
19. Copyright. NO report, maps, or other documents produced in whole
doc
Or in Part under this Contract shall be the a r doc of an application far
copyright by or on behalf.of the Consultant.
30. Section 503, Handicapped (if $3,500 or over). Affirmative Action
for Handicapped Workers.
a. The Contractor will not discriminate against any employee o
applicant for OMPloyment because of physical or mental. handicap in
regard to any Position for which the employee or applicant for
employment is qualified. The Contractor agrees to take affirmative
action to employ, advance in employment and otherwise treat
qualified Handicapped individuals without discrimination based
upon their physical Or mental handicap in all employment practices
such as the following: Employment, upgrading, demotion or trans-
fer, recruitment, advertising, layoff or termination, rates of
pay or other forms Of compensation, and selection for training,
including apprenticeship.
b. The Contractor agrees to comply with the rules, regulations,
and relevant orders of the Secretary Of Labor issued Pursuant to
the Act.
Its
C. In the event Of the Contractor's noncompliance with the r
guirements of this clause, actions for noncompliance may be
taken incordance with the les, regulations, a� relevant
orders of ruthe Secretary of Iabor issued pursuant to the Act.
d. The contractor agrees to post in conspicuous places, available
to employees and applicants for employment, notices ina form to
be prescribed by the Director, provided by or through the can
he -
reacting officer. Such notices shall state tcontractor•a
obligation under the law re take affirmative action to employ
and advance in employment qualified handicapped employees and -
applicants for employment, and the rights of applicants and
employees. _
e. The Contractor will notify each labor union or representative Of
workers with which it has a collective bargaining agreement o
other contract understanding, net the contractor is houM by
the terms of Section 503 of the Rehabilitation Act of 1973, and
is committed to take affirmative action to employ and advance in
employment physically and mentally handicapped individuals.
21. Section 402 Veterans of the Vietnam Era (if $10,000 or over).
Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era.
a. The Contractor will not discriminate against any employee Or
applicant for employment because he or she is a disabled veteran
Or veteran of the Vietnam are in regard to any position for which
the employee or applicant for employment is qualified. The Con -
=actor agrees to take affirmative action to employ, advance in
employment and otherwise treat qualified disabled veterans and
veterans of the Vietnam are without discrimination based upon.
their disability or veteran status in all employment practices
such as the following. Employment upgrading, demotion or transfer,
recruitment, advertising, layoff or termination, rates Of pay
or other forms of compensation, and selection for training, im-
cluding apprenticeship.
b. The Contractor agrees that all suitable employment openings of
the Contractor which exist it the timex
Of the execution of this
Contract and those which Occur during the performanceof this
Contract, including these not generated by this Contract and in-
oluding those occurring at an establishment of the Contractor
other than the One wherein the Contract is being performed but
"eluding these of independently operated corporates affiliates,
shall be listed at an appropriate local office of the State
employment service system wherein the opening occurs. The 'Con-
tractor further agrees no provide such reports to such local
Office regarding employment openings and hires as may be required.
L
_ State and local government agencies holding Federal contracts
Oft$10,WO or meveshall a1So list all their suitable ' openings
the appropriate office of the State employment service,
but are not required to provide those reports set forth in
paragraphs d. and e.
c. Listing of employment openings with the employmentservice system
Surmount to this clauSe shall be made at leastonth
urrently wi
s
the use of any other recruitment s reffort and shall in-
lvethe normal Obligations which attach to the placing Of
a
bona fide job order, including the acceptance of referrals of
veterans and nonvaterans. The listing of employment openings
does not require the hiring of any particular job applicant o
from any particular group of job applicants, and nothing herein
is intended to relieve the contractor from any requirements in
Factories Orders or regulations regarding nondiscrimination in
employment.
d.. The reports required by paragraph b. Of this clause shall include,
but net be limited to, periodic reports which shall be filed at
least gaarterly with the appropriate local Office Or, where the
contractor has more than one hiring location in a State, with the
central office Of that State employment service.
rvice. Such reports
shall indicate for each hiring locatioal)the number in-
of
dividuals hired during the reporting period, (l) the number Of
aondieabled veterans of the Vietnam era hired, (3) the number of
disabled veterans of the Vietnam era hired, and (4) the total
number Of disabled veterans hired. The reports should include
cov-
ered veterans hired for On-the-job training under 38 U.S.C.
-
1783. The Contractor shall submit a report within 30 days after
the era of each reporting period wherein any performance is made
on .this Contract identifying data for each biting location. The
Contractor shall maintain at each hiring location copies of the
reports submitted until the expiration Of one year after final
Segment under the Contract, during which time these reports and
related documentation shall be made available, upon request,
Nor examination by any authorized representatives of the Contract -
9 officer or of the Secretary of Laborer. Documentation would
include personnel records respecting job openings, recruitment
and placement.
. whenever the Contractor becomes contractually. bound on the listing
Provisions of this clause, it shall advise the employment service
system in each State where it has establishmente of the name and
location Of each hiring location in the State. As long as the
Contractor is contractually bound to Nese provisions and has
so
advised the State system, chase is no neem to advise the state
system of subsequent contracts. The contractor may advise the
III
State system when it is no longer bound by this contract clause.
7
I. This clause does net apply to the listing of employment open-
ings which occur and are filled outside of the 50 states, the
District Of Columbia, puerto Rise, Guam and Ne Virgin Islands.
g. The provisions of paragraphs b., C., d., and a. of this clause
do act apply to openings which the Contractor proposes to fill
from within his awn organization or to fill pursuant to A
uatomary ani traditional employer -union hiring arra;gement.
This exclusion does not apply to a particular opening once an
employer decides to consider applicants outside of his own
organization OZ emplayer-union arrangement for that opening. _
h. As used in this clause: (1) "All suitable employment openings"
includes, but is not limited to, openings which occur in the
following Job categories: Production and nonpronictiom plant
anI office; laborers and mechanics; supervisory and nonsupervisory;
technical; and executive, administrative, and professional open-
ings are
compensated on a salary basis of less tan $25,000 per
year. This term includes full time saployment, temporary employ -
meat of rare than three days' duration, and part time employment.
It does act include Openings which the Contractor proposes to
fill from within his awn organization or to fill pursuant to a
customary and traditional employer -union hiring arrangement Our
Openings in an educational institution which are estricted to
students of that institution. Under the most compelling cir-
CumstanCes an emplOyment opening may not be suitable for listing,
including such situations where the needs of the goverment cannot
reasonably be otherwise supplied, where listing would be contrary'
to national security, or where the requirement of listing would
Otherwise net be for the best interest of the goverment.
"Appropriate office of the state employment service system- meas
the local office of the Faleral-state national system of public employment
offices with assigned responsibility far serving the area where the employ-
ment opening to be filled, including the District of Columbia, Guam,. Puerto
Also, and the Virgin Islands.
"Openings which the Contractor proposes tG fill from within his
own organization" means employment openings for which no consideration will
be given to persons outside the Contractor's organization (including any -
affiliates, subsidiaries, and the parent companies) and includes any, openings
Which the Contractor proposes to fill from regularly established "recall"
lists.
"Openings which the Contractor proposes to fill pursuant to a
ustecory and traditional emplOyar-union hiring arrangement -1 means employment
openings which the contractor proposes to fill from union balls, which i
Part of the customary and traditional hiringrelationship which exists
between the Contractor and representatives of his employees:.
1. The Contractor agrees to comply with the rules, regulations, and
relevant orders of the Secretary of Labor issued pursoant to the
V act.
1• In the event of the Contractor 'a noncompliance with the require -
wants of this clause, actions for noncompliance may he taken in
ACOordance. with the rules, regulations, and relevant orders of.
V the Secretary Of Labor issued pursuant to the act.
A. The Contractor agrees to Post in onspicuous places, available
W employees and applicant for employment, notices in a form to
be prescribed by the Director, provided by or through the
contracting Officer. Such notice shall state the Contractor's
Obligation under the law to take affirmative action to employ
And advance in employment qualified disabled veterans and veterans
Of the Vietndn era for employment, and the rights of applicants
and employees.
1. The Contractor will notify each labor union or representative of
workers with which it has collective bargaining agreement orother
contract understanding, that the Contractor is bound by theterma
-
of the Vietnam Era Veterans Readjustment Assistance Act, and is
co®dtted to take affirmative Acton to employ and advance in
employment qualified disabled veterans and veterans of the
Vietnam Era.
a. The Contractor will include the provisions of this clause in every
subcontract or purchase order of $10,000 Or unless exempted
by rules, regulation, or orders of the Secretary issued pursuant
to the Act, so that such provisions will be binding upon each sub
contractor or vendor. The Contractor will take such fiction with
" respect to any subcontract or purchase order 'as the Director of
the Office of Federal Contract Compliance Programs may direct to
enforce such provisions, including Acton for noncompliance..
22. General. The consultant shall comply with all the requirements
binding upon the Municipality as Part of the Community Development Block
Grant Agreement and found in the federal Regulations, 24 CPR Part 570.:. The
Consultant shall maintain all records identified therein, and make ream
Available to the Municipality and the Secretary of HUD. -
23. Provisions Required by Law Deemed Inserted. Each and
every provision Of law and clause required by law to be inserted
in this contract shall be deemed'to be inserted herein and the
contract shall be read and enforced as though it were included
herein, and if through mistake or otherwise any such provision
is not inserted, or is not correctly inserted, then upon the
application of either party the contract shall forthwith be
physically amended to make such .insertion or correction.
24. Amendment to Paragraph No. 8 herein. Subparagraph (c)
shall be deleted from Paragraph No. 8 and the following shall be
added to Paragraph No. 8 as subparagraphs (c) through (g)':
C. The consultant will send to each labor union or. repre-
sentative Of workers with which he has acollective
"bargaining agreement Or Other contract or understanding,
0
a notice to be provided by the Department's contracting
office, advising the labor union or workers' repre-
sentative of the Consultant's commitments under section
202 of Executive Order 11246 of September 24, 1965, and
'shall post copies of the notice in conspicuous places
available to employees and applicants for employment.
d. The Consultant will comply with all provisions of
Executive Order 11246 of September 24, 1965, and of the
rules, regulations, and relevant orders of the Secretary
of Labor.
e. The Consultant will furnish all information and reports
required by Executive Order 11246 of September 24, 1965,
and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by
the Department and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules,
regulations, and orders.
f. In the event of the Consultant's noncompliance with
the nondiscrimination clauses of this Contract or with
any of such rules, regulations, or orders, this Contract
may be canceled, terminated or suspended in whole or in
part and the Contractor may be declared ineligible for
further Government contracts in accordance with procedures
authorized in Executive Order 11246 of September 24, 1965,
and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September
24, 1965, or by rule, regulation, or order of the Secretary
of Labor, or as otherwise provided by law.
g. Tho Consultant will include the provisions of paragraphs
(a) through (g) in every subcontract or purchase order
unless exempted by rules, regulations or orders of the
Secretary of Labor issued pursuant to section 204 of
Executive Order 11246 of September 24, 1965, so that
such provisions will be binding upon each subcontractor
or vendor. The Consultant will take such action with
respect to any subcontract or purchase order as the
Department may direct as a means of enforcing such
provisions including sanctions for noncompliance, provided,
however, that in the event the Consultant becomes -i volved
or is threatened with, litigation with a subcontractor
or vendor as a result of such direction by the Department,
the Consultant may request the United States to enter
into such litigation to protect the interests of the
United States.
10