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HomeMy WebLinkAbout1984-06-25 84-246 ORDER64-246 Introduced by Councilor Cox, .June 25, 15a4 CITY OF BANGOR (TITLE.) (9dVr Author „ing_B brow of Contract for ,e f svonal Services - Architectural Historian Consultant WHEREAS, the City is undertaking a Community Development Block Grant (MBG) Program in accordance with provisions of the Housing and Community Development Act of 1974 (Public Law 93-383) as ended; and WHEREAS, the City is undertaking certain activities necessary for the planning and execution of a project or projects identified in the CDBG Program; and. - WHEREAS, the City desires to engage the services of an Architec- tural Historian Consultant to render certain research and technical assistance in such undertakings of the City; and WHEREAS, the Maine Hisyoxic Preservation Commission has awarded the City of Bangor a Federal Grant to conduct anomprehensive survey of historic properties in the West Market Square Historic District; MOA, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF BANGOR, - THAT the'. Purchasing Agent is hereby authorized to execute a Contract for Professional Services by and between the City of Bangor and Dr. Deborah: Tnompson, Architectural Consultant, a copy of said Contract being on file in the office of the City Clerk. f 64-24¢ ' O R D E R IN CITY COUNCIL June 25, 1994 $4 021 NO 94, passed - ;" Tine, - " nppomrmenc oe inemn to cL sgeciei .. .. •••••.. gELEry ' Ci QITY OF BAUN C11Y CLERK .. - ,ea;goq 9m. f pepsiye, Dave lopoepc,,,, commission. . rroa and rir ty. :.... ... .... ....... . wni>man t b S tt i 64-2e5 CONTRACT FOR PROFESSIONAL SERVICES By and Between The City of Bangor and Dr. Deborah Thompson PART I - AGREEMENT THIS AGRBEMRNT is made as of , 1984, by and between the .City of Bangor (hereinafter referred to as the 'City") and Dr. Deborafi Thompson, Architectural Consultant, of 117 Norfolk Street, Bangor, Maine, (hereinafter referred to as the "Consultant"). WITNESSETH: WHEREAS, the City is undertaking a Community Development Block Grant (CDBG) Program in accordance With provisions of the Housing and Com- munity Development Act of 1974 (Public Lau 93-383) as amended; and WHEREAS, the City Is undertaking certain activities necessary for the planning and execution of a project or projects identified in the CDBG program; and WHEREAS, the City desires to engage the Consultant to reader certain research and technical assistance In such undertakings of the City. NOW, THEREFORE, In consideration of the mutual covenants and agree- ments hereinafter set forth the parties hereto agree as follows: 1. Scope of Services The Consultant shall perform all services under this Agreement in a satisfactory and prompt manner as determined by the City. A. Specific Work Tasks The Consultant shall perform the services described In Exhibit A attached hereto. 2. Time and Method of Performance All services of the Consultant required by this Contract shall be completed by not later than August 27, 1984. In addition, the hereto required report and documentation shall be delivered in final typed form to the City by not later than August 27, 1984. 3. Compensation and Method of Payment The City shall pay the Consultant, upon receipt of a suitable statement, the amount of $2,640 for the satisfactory delivery of the herein required services. Such amount is to be paid upon receipt and approval of the herein required report and documentation In conformance with the Contract. It Is expressly understood and agreed that In no event x111 the total compensation and reimbursement, if any, to be paid here- under exceed the maximum sum of $2,640 for all the services required. -' 4. Terms and Conditions This Agreement shall be subject to and governed by the terms and conditions contained in a document entitled "Contract For Professional Services, Part I1 - Terms and Conditions", a copy of which Is attached hereto as Part II and incorporated herein by reference. 5. Other Provisions None. 6. Publicity All press releases and other forms of publicity connected with the services provided shall Include mention of the Maine Historic Preservation Commission and the National Park Service as the source of grant funding. 1: Federal Provisions In all aspects of this project, provisions of Title VS of the Civil Rights Act of 1964 and 42 CFR Section 17, as well as Section 504 of the Rehabilitation Ace of 1973, shall be complied with. IN WITNESS WHEREOF, this Agreement has been executed and delivered as of the day and year first above written. CITY OF RANCOR By: David Pellegrino Its Purchasing Agent Witness Deborah Thompson Consultant CONTRACT FOR PROFESSIONAL SERVICES PART IT - TERNS AND CONDITIONS 1. Termination of Contract for Cause. If, through any cause, the Consultant shall fail to fulfill in a timely and proper manner her obligations under this Contract, or if the Consultant shall violate any of the covenants, agreements, o stipulations of this Contract, the City shall, thereupon, have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such t rmination. In such event, all finished o unfinished documents, data, studies, and reports prepared by the Consultant under this Contract shall, at the option of the City, become Its property and the Consul- tant shall be entitled to receive dose and equitable compen- sation for any satisfactory work completed on such documents. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant, and the City may withhold any payment to the Consultant for the purpose of setoff until such time as the exact amount of damages due the City from the Consultant is determined. 2. Termination for Convenience of the City. The City may terminate this Contract at any time by a notice In writing from the City to the Consultant. If the Consultant Is terminated by the City as provided herein, the Consultant will be paid an amount which bears the a ratio to the total compensation a as the services actually performed bear to the totalservices of theConsultant covered by this Contract, less payments Of compensation previously made: .Provided, however, that if less than sixty percent of the services covered by this Contract have been performed upon the effective date of such termination, the Consultant shall be reimbursed (in addition to the above payment). for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this Contract) in - red by the Consultant during the Contract period which are directly attributable to the uncompleted portion of the ser- vices - vices c red by this Contract[ If this Contract Is terminated due to the fault of the Consultant, Section 1 hereat, relative to termination, shell apply. - 3. Changes. The City may, from time to time, request changed in the scope of the services of the Consultant to be performed hereunder. Such changes, including any increase of decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City. and the Consultant, shall be incorporated In written amendments to this Contract. 4. Personnel All the services required, hereunder, will be performed by the Consultant or under her supervision and all personnel engaged intheworkshall be fully qualified and shall be authorised or permitted under State and local law to perform such services. S. Anti -Kickback Rules. Salaries of persons performing work under this Contract shall be paid unconditionally and net less often than once a month without deduction o rebate o ea any account except only such payroll deductions a are mandated bylaw orpermitted by the applicable regulations issued by the Secretary of Labor pur- suant to the "Anti -Kickback Act" of June 13, 1934, (48 Stat. 940: 62 Stat. 140: 63 Stat. 108: Title U.S.C., Section 814{ and Title 40 U.S.C., Section 216C). The Consultant shall comply with all applicable "Anti -Kickback" regulations and shall insert appropriate provisions in all subcontracts covering work under this Contract to insure compliance by sub- contractors with such regulations., and shall be responsible for the submission of affidavits required of subcontractors there- under except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 6. Withholding of Salaries. If, in the performance of this Contract, there is any under- payment of salaries by the Consultant or by any subcontractor thereunder, the City shall withhold from the Consultant out of payments due to her an amount sufficient to pay to employees uaderpald the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed, by the City for and onaccount of the Consultant or subcontractor to the respective employees to whom they are due. 1. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classific- ations of architects, draftsmen, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Consultant to the City for the latter's decision which shall be final with respect thereto. g. Equal Employment Opportunity. During the performance of this Contract, the, Consultant agrees as follows: a. The Consultant will not discriminate against any employee or applicant for employement because of race, color, religion, sex, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees a a treated during employ- ment, without regard to their is color, religion,x, or national origin. Such actionshall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment orrecruitment adver- tising; layoff or. termination: rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and appli- cants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. b.The Consultant will, in all solicitations or advertise- ments for employees placed by or on behalf of the Con- sultant, state that all qualifiedapplicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. C. The Consultant will cause the foregoing provisions to be Inserted in all subcontracts for any work covered by this Contract so that such provisions will be bindingupon each subcontractor. 9. Discrimination Oneness of Certain Labor Natters. No person employed on the work covered by this Contract shall be discharged or in any way discriminated against because he/she has filed any complaint or instituted or caused to be instituted any proceedings or has testified oris about to testify in any proceedings underprelating to the labor standards applicable hereunder to his/her employer. 10. Compliance With Local Laws. The Consultant shall comply with all applicable laws, ordi- nances, and codes of the State and local governments, and shall commit no trespass on any public or private property in per- forming any of the work embraced by this Contract. 11. Subcontracting. None of the services Covered by this Contract shall be sub- contracted without the prior written consent of the City. The Consultant shall be as fully responsibleto the City for the acts and or s'sions of her subcontractors, and of persona either directly or indirectly employed by her. The Consultant shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Aeei¢nab131t The Consultant shall not assign any Interest in this Contract and shall not transfer any interest in the same (whether by assignment or novation) without the prior written approval of the City: Provided, however, that claims for money due or to become due the Consultant from the City 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 City. 13. Interest of member of the City. No member of the governing body of the City, and no other public official, officer, employee, or agent of the City who exercises any functions or responsibilities in Connection with the carrying out of the Community Development Block Crant 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 member or Delegate to the Congress of the United States, and O Resident Commissioner, shall be admitted to any share or part of this Contract or to any benefit to arise herefrom. 15. Interest of Consultant. The Consultant Covenants that she presently has no Interest and shall not acquireany interest, direct or Indirect, which would Conflict in any manner or degree with the performance of her [vices hereunder. The Consultant further covenants that in the performance of this Contract no person having any such interest shall be employed. The City, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized repre- entatives shall have access to any books, documents, papers, and records 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 for the period identified in the Community DevelopmentBlock Grant Programregulations. 11. Section 3 Compliance in the Provision of Training, Employment and Business Opportunities. a. The work, to be performed under this Contract is on a project assisted under a program providing direct Federal financial assistance from the Department of Rousing and Urban Development, is subject to the requirements of Section 3 of the Housing end Urban Development Act of s 1968, a ended, 12 D.S.C. 1101u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lover income residence of the City of Bangor and contracts for work in connec- tion with the project be awarded to business concerns which are located 1n., orned 1n substantial part by persona residing 1n the City of Bangor. b. The parties to this Contract will comply with the pro- visions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth in 24 CPR 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 certify and agree that they are under no contractual o other disability which would preventthem from complying with these requirements. C. The Contractor will include this Section 3 clause in cry subcontract for work in Connection with the project and will, at the direction of the applicant for o recipient of Federal financial assistance, take appro- priate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Rousing and Urban Development, 24 CPR Part 135. The Contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter hes been found in violation of regula- tions under 24 CPR Part 135 and will not let any sub- contract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 18. Findings Confidential All of the reports, Information, data, etc., prepared o assembled by the Consultant under this Contract are confiden- tial and the Consultant agrees that they shall not be made mailable to any individual or organisation without the prior written approval of the City. 19. Copyright. No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an applica- tion for copyright by or on behalf of the Consultant. 20. Section 503, Handicapped. Affirmative Action for Handicapped Workers. a. The Contractor will not discriminate against any employee or applicant for employment 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 Creat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer,sultment, advertising, layoff or termina- tion, rates of pay or other forme of compensation,and selection for training, Including apprenticeship. b. The Contractor agrees to comply with the rules, regula- tions, and relevant orders of the Secretary of Labor issued pursuant to the Act. c. In the event of the Contractor's noncompliance ompliance with the requirements of this clause, actions for noncompliance may be taken In accordance with the rules,regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. 21. General, The Consultant shall comply with all the requirements binding upon the City as part of the Community Development Block Grant Agreement and found in the Federal Regulations, 36 CPR Part 570. The Consultant shall maintain all records identified therein, and make them available to the City and the Secretary of HOD. ARCHITECTURAL HISTORIAN CONSULTING SERVICES Scope of Services Specific Project Tasks: EXHIBIT A Survey buildings or structures located within the West Market Square Historic District located In The Downtown Revitalisation Project Area of the City of Bangor, Identified on the map attached hereto, and research, gather, record and document, in a format suitable for submission to the Secretary of the Interior, sufficient information and data to justify certifications as historically significant, those buildings located in Historic Districts which have not been certified by the Secretary of the Interior as histor- ically significant or as contributing 'significantly to the Historic District. Said information and data will, as a minimum, include for each building or structure the following, whenavailable:. a. The address or location of the building; b. When the building was built; a. Who built the building; d. who first lived in or occupied the building; e. Historically significant events or people which are associated with the building; f. The architectural style of the building; g. The building's architect or designer; h. The existing condition of the building; 1. Characteristics and qualities which contribute to its ertifiability as contributing significantly to a Historic District; J. Name and address of current owner; k. Location of legal description; 1. Title, date and location of any surveys in which the property is represented; a. Current occupancy status; _ no Description of the building's construction; 0. An analysis of the building's contribution to the character of Its neighborhood and community; unity; y P . The period, a and specific dates (if applicable and known) of theproperty's significance; q. Significant milestones in the property's history with particular attention to significant events, occupants, usesstructural modifications and crises or disasters survived; to summary of the building's architect -s training, influence, design preferences and other contributions to the City's architecture; and a. Major bibliographical references surveyed. 1 MIN J�gm�vv,