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.
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June 25, 1994
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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.
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