HomeMy WebLinkAbout2002-06-24 02-268 ORDERItem Me, 02-268
Date: June 26, 2002
Item/Subject: Authorizing Execution of Fourth Amendment to Contract for Professional
Services between the City of Bangor and Carol R Johnson Associates, Inc.
Responsible Department: Community, and E=mlc Deve opnent
Commentary:
This is the Fouts Amendment to the City's contract for design and engineering services with Carol R.
Johnson Associates Inc. It will expand the scope of services m provide for landscape architectural and
engineering design services Including schematic design, design development, construction documents,
bidding support and mmtruction administraton for the Railroad Sheet Improvement project. Included in
this proposal are the services of Wright -Hence for civil and electrical engineering.
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Associated Information:
Budget Approval:
finance Director
Inn�uced for
Passage
_ Mrst Reading Page _of _
Referral
02-260
Assigned to Coarmilor Ro6maa ]we 24. 2002
CITY OF BANGOR
(TIRE.) Order, Authorizing Execution of Fourth Amendment to Contract for
Professional Services between the City of Bangor and Carol R.
Johnson Associates, Inc.
6y are CO'[tramYIofare Cly of &n_a.
ORDERED, THAT
WHEREAS, Me City entered into a Contract for Professional Services with Carol R
Johnson Associates, Inc. to provide for an inventory and analysis, schematic design and Phase I
plan, dated April 18, 2001 (hereinafter "ContraU"); and
WHEREAS, the Contract was amended to provide for design services related! to West
Market Square by amendment dated August 1, 2001; and
WHEREAS, the Contract was further amended February 12, 2002 W provide for design
and engineering services for the public areas along the Penobscot Rivers edge ham the area of
the Chamberlain Bridge down river to the area of the end of the new sheet piling bulkhead, the
land area along Front Street from the Chamberlain Bridge to the Railroad Street 211 crossing,
and the land area connecting downtown with the waterfront ham the intensedion a Bangor
Alley and Broad Street to the Chamberlain Bridge; and
WHEREAS, the Contract was further amended May 13, 2002 to provide for 100% design
and engineering service and preparation of bidding and construction documents for Front
Street and Front Street parking area; additional engineering services related W the bulkhead to
be performed by Demme Consulting Engineering under a subcontract with Carol R. Johnson
Associates, Inc.;
WHEREAS, the parties wish to further expand me scope of said Contract to provide for
landscape arthi[edu21 and engineering design services including Schematic Design, Design
Development, Construction Documents, Bidding Support and Construction Administration for the
Railroad Street project from Main Street towards the river; additional civil and electrical
engirmaing services to be performed by Wright -Pierce under a subcontract with Carol R.
Johnson Associates, Inc.;
NOW, THEREFORE, BE IT ORDERED BY THE QTY COUNCIL OF THE CRY OF BANGOR,
THAT Me City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to
execute a Fourth Amendment W the Contract for Profestimal Services with the consulting than
of Card R. Johnson Associates, Inc. for the Railroad Street Project, with terms substantially as
attached hereto, and in a Final form approved by the City Solicitor or Assistant City Solicitor.
02-268
FOIJRTH AMENDMENT TO CONTRACT FORPROFESSIONAL SERVICES
'Itis Amendment is made thia.V day of July, 2002, by and between the CM OF
BANGOR, abodY politic in the State of Maine (hereinafter "Ch y'l, and CAROL R JOHNSON
ASSOCIATES, INC., a corporation with offices in Boston, Commonwealth of Massachaseb6
(herearrib ••ConsuhsM'O.
WITNESSETH:
WHEREAS, the City entered into a Content for Profs8101131 Services with Consultant
dated April 18, 2001 (hereinafter"Contact'); and
WHEREAS, the Contact was amended to provide for design services related to West
Market Square by Amendment dated August 1, 2001; and
WBERF.AS, the Concert was amended to further expand the scope of the said Contract
to provide for design and eng�neering services for the public areas along the Penobscot River's
edge from the area of the Chamberlain Bridge down river to the area of the end of the new sheet
piling bulkhead, the land sea along Front Street from the Chamberlain Bridge w the Railroad
Street rail crossmg, and the laud area connecting dowmown with the waterfront Som the
intersection ofBangm Alley and Broad Street to the Chamberlain Bridge by Second Amendment
dated February 12, 2002; and
WHEREAS, the Contract was amended to further provide for I00% design and
evgi seerivg services, bidding and construction documents fm Front Street and the Front Street
Paddng Area; and additional engineering services released to the bulkhead to be Performed by
Barone Consulting Engineering under a subcontract with Carol R. Johnson Associates, Inc. by
Third Amendment dated May 13, 2002; and
WHEREAS, the parries wish to harbor expand the scope of the said Contract to provide
for design and engineering services including Schematic Design, Design Development,
Construction Documents, Bidding Support and Construction Administration for the Railroad
Street Project from Mean Street towards the rarer, and additional civil and electrical engineering
to be performed by Wright -Pierce under a subcontract with Carol R. Johnson Associates, hu.
NOW THEREFORE, in consideration of du mutual promises and covenants contained in
this Amendment, the parties hereto agree as follows:
1. Consultant agrees to provide the personnel, supplies, equipment and labor necessary to
perform the services outlined in Carol R. Johnson Associates Inc. Proposal for
Professional Services: Railroad Street Schematic Design through Construction
Administration Services dated June 10, 2002 incorporated into this Amendment by
aef ce.
2. Consultant shelf submit invoices for payment in accordance with Section 9 of the
Contract
3. Compensation: In addition to the compensation provided for in Section 8 of the
Contract, the City agrees to pay Consultant for services and reimbursable expenses to be
provided under the Proposal for Professional Services: Railroad Street: Schematic Design
through Construction Administration Services dared June 10, 2002 according to the
Proposed Fees for the CILIA Design Team for professional fees on an hourly basis in an
amount not to exceed $209,300 to MA and an amount not to exceed $14,000 in
reimbursable expenses; and an amount on an hourly basis not to exceed $45,125 for
Wright-Pierce for civil sod electrical engineering services. Said statements or bills for
these services sball be submitted separately.
4. It is expressly agreed that the City shall receive all statements or bills for services
provided under this Amendment, and shall and does gum atee full payment of the some
to the Consultant, provided that, in no case shall the mol payments f the Services
required for this Fourth Amendment exceed its estoblished total budget of $268,425
without the express written approval of the City. Said statements or bills for services
shall be sent to the City monthly, shall be submitted separately from work perfom dl
under the April 18, 2001 Contract for Professional Services, separately from work
performed under the August 1, 2001 Amendment to Contract for Professional Services,
separately Earn work performed under the February 12, 2002 Second Amendment to
Contract for Professional Services, separately from work performed under the May 13,
2002 Third Amendment to Contract for Professional Services, and services under this
Fourth Amevdmem shall contain an itemization of time by task aM cost per teak on an
hourly basis.
5. Attached is Exhibit A which makes specific references o federal regulations applicable
an the Contract for professional Services dated April 18, 2001 and are incorporated per
Paragraph 21 COMPr ]ANCA µMTA I AW.
6. Except as otherwise stated in this Amendment, the terms of the Comment for Professional
Services dated April 18, 2001 remain unchanged and in full force and effect.
IN WITNESS WHEREOF this agreement has been executed, sealed and delivered as of
the day and year first above written.
CITY OF BANGOR
Witness By: Edward A. Barrett,
Its: City Manager
CAROL IL JOETISON ASSOCIATES, INC.
moss, By. F ler,
Its: i
Exhibit A
Laws, Rules and Regulations Applicable to Contracts Funded under the U.S.
Department of Housing and Urban Development Community Development Block
Grant Program
Salaries of persons performing work under this Contract shall be paid unconditionally
and art less often thin ante a mouth without deduction or rebate on any account except
may such payroll deductions as are mandated by law or permitted by the applicable
regulations issued by the Secretary of Labor pursuant to the Anti -Kickback Act of Jane
123, 1934, (48 Stat 948: 62 Stat 740: 63 Stat 108: Title U.S.C., Section 874; add Title
40 U.S.C., Section 276C). The Consultant shall comply with all applicable Anti-
Mckback regulations and shall tosert appropriate provisions m all subccaeacts covering
work under this Contract to resume compliance by sub-condactom wild such regulations,
and shaft be responsible for the submission of affidavits required of subcoatactms-
thereunder except as the Secretary of Lab" may specifica➢y provide for variations of or
exemptions from the requirem®ts thereof.
P weer IPMp93'mentthmortumX
During the performance of this Contract, the Consultant agrees as follows:
1. The Consultant will net discrrcruade against any employee or applicant for
employmembecause ofrace, color, religion, sex, or national origin. The
Consultant will take affirmative action to ensure that applicants are employed,
and that employees are treated daring employmenS without regard to than true,
calor, religion, sax, or common origin. Such action shall include, but not be
limited to, the following: employment upgrading, demotion, or trawfet;
recruitment or recruitment advertising; layoffm termination; meas of pay or other
fonnaofcomponsafim;mdselmfimforereiuiug,i cludingappr ceship. The
Consultant agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the City setting for the
provisions of Us nondiscrimination clause.
2. The Consultant will, in all solicitations or advertisements far employees placed
by m on behalf of the Consultant, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, or
national origin
3. The Consultant will came the foregoing provisions to be imerad in all
subcontracts for my work covered by tris Contract so that such provisions will be
binding upon each subcoatmmr.
sti Because or•CWWr Labor Matters
No person employed on the work covered by this Contract shall be discbaged a in any
way discriminated against because he/she has Mod MY complaint Or instituted or caused
to be instituted any proceedings or has teefi5ed or is about to testify m my proceedings
under or relating he the labor standards applicable hereandelto his/hu employ01.
lowest ofMember of the City
No member of the governing body of the City, and no other public official, officer,
employee, a agent of the City who exorcises my functions or resposrbilities in
connection with the carrying out of the Continently Development Block Gant Program
activity to which this Contract pertains, shall have my personal interest, direct or
indirect, in this Contract
Interest of Certain Federal Ofisnials
No member of Delegate to the Congress of the United Sates, and no Resident
Commissioner, shall be submitted m save, share or part of this Contract or to my benefit a
arise herefrom.
iMrrect of Co ilanr
The Consultant coverseas that it presently has; no interest and shall not secants my
interest, direct or ind nct, which would conflict m any manner or degree with the
perfeammceofherservicesherewder. The Covsvltmtfurthea wvevma that mthe
perfarreauce of this Contract no person having my soch interest shall be employed-
Awess to Rec
The Qty, the Federal grsdtor agency, the Complmllm General of the UnAcd Sates, or
my of their duly mthotieedrepreseaatives shall have access to any books, doctmems,
papem, and records of the Consultant which are directly pertinent to this Agreement fa
the purpose of making audit examistion, excerpts, and tmnscriptims. The Consultant
shalt preserve all such records for the period identified in the Commmuty Development
Block Gant Program regulations.
of Training Busincla
Dvnorom ries
The work, to be perhurned=der this Contract is on aproject sssinol under program
providing direct Federal financial assistance from the Department ofHoosing and Urban
Development, is subject to the requiremads of Satin 3 of the Housing and Urban
Development Act of 1969, as amended, 12 U.S.C. 170111. Section 3 requires that to the
greatest extent feasible opportunities for training and employmmt be given lower income
residents of the City of Bangor and contracts for work in corimmi n with the project be
awarded to business cameras which aze located in, or owned in substantial part by
persons residing in the City of Bangor.
The parties re this Contract will comply with the provisions of said Section 3 and the
regulations issued pursuant thereto by the Secretary of Housing and Urban Development
an forth in 24 CFA Part 135, and all applicable miles and orders of the Department issued
thereunderpriorto the execution of this Contract ThepartiesniflUBContrectcerlityand
agree tbmthey are ander no cuntrmW or other disabilkywldch would prevent them
from complying with these requirements.
The Connector will include this Section 3 clause in every subcontract for work in
connection with the project and will, 9the direction of the applicant for or recipient of
Federal financial assistance, take appropriate action pursuant to the subcontract upon a
finding that the subcontractor is in violation of regulators, issued by the Secretary of
Housing and Urban Development, 24 CFR Part 135. The Contactor will not
subcontract with my subcontractor where it has notice or knowledge that the latter has
been found toviolatiw of regulations under 24 CFR Part 135 and will not let my
subcontract unless the subcontractor bin that provided it with a preliminary statement of
ability to comply with the requtemeINs of these regulatlom.
a. The Contractor will not discriminate against any employee or applicant fir
employment because of physical or mental handicap m 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
teat qualified handicapped individuals without discrinnnation based upon their
physical or meatal handicap in all employment practices such as the following:
Employment, upgrading, demotion or transfer, recruitment, advertising, layoff in
termination, mics of pay or other forms of eomperuatioq and selection for coining,
including appy emmeship.
b. The Contractor almeesre comply with the rules, regulations, and relevant orders of
the Secretary of labor issued pursuant to the Act.
c. In the event of the Contrecrors noncompliance with the requirements of Itis close,
actions for noncompliance may be taken in accordance with the ales, regulations,
_ and relevant orders of the Secretory of labor issued pursuant to the Act -
Gained
The Consultant shall comply with all the requirements binding upon the City as kart of the
Community Development Block giant Agreement and found in the Federal Regulations, 2A CFR
Part570. The Consultant shall maintain all records identified therein, and make them available
to the City and the Secretary of HUD.
Proubition ma thg Mc of Federal Foods for ladlivine Congress or Am Federal Affen
Section 135.2 of Public Law 101-121, signedmto law on October 23,1989, prohibits current and
prospective recipients and they subtier-contactors or subgrawass from using Federal fords,
other than popes from a Federal contact, for lobbying Cangoss or any Federal agency or
connection with the award of a particular contact, grant, cooperative agreement. or loan In
addition, for each award action in excess of $100,000 (or $150,000 for loses), on or after
December 23, 1989, the law further requires recipients and their subtier cavitation; and
subgramees to:
1) certify that they have neither used nor will use any appropriated Federal funds for
payment to lobbyists;
2) to disclose the nanny address, payment details, and purpose of any agreements with
lobbyists whom recipients or thea subtler contactors or subgmvtew will pay with profits
or unappropriated funds on or after December 23, 1989; and
3) to file quarterly updates about the use of lobbyists if material changes occur in therm
we. The law establishes civil penalties for nun-compliance.
4) to complete the lobbying disclosure form if the disclosure requirement apply.
Assigned to Comcilor Rehman June 24. 2002
CITY OF BANGOR
(TITLE.) Order, Authorizing Execution of Fourth Amendment to Contract for
Professional Services between the City of Bangor and Carol R
Johnson Associates, Inc.
By the Gry CW r7 ofthe Gtyof9rgor.
ORDERED, THAT
WHEREAS, the City entered into a Contract for Professional Services with Carol R.
Johrtmn Asmtiates, Inc. to provide for an inventory and analysis, schematic design and Phase I
plan, dated April 18, 2001 (hereinafter "Contract'); and
WHEREAS, the Centrad was amended to provide for design services related. to West
Market Square by amendment dated August 1, 2001; and
WHEREAS, the Contract was further amended February 12, 2002 to pmvide for design
and engineering services for the public areas along the Penobscot Rivers edge from the area of
the Chamberlain Bridge down deer to the area of the end of the new sheet piling bulkhead, the
land area along Front Street from the Chamberlain Bridge to the Railroad Street rail crossing,
and the land area connecting downtown with the waterfront from. the intersection of Bangor
Alley and Broad Street to the Chamberlain Bridge; and
WHEREAS, the Contract was further amended May 13, 2002 to provide for 100% design
and engineering services and preparation of bidding and construction documents for Front
Street and Front Street parking area; additional engineering services related to the bulkhead to
be performed by Bourne Consulting Engineering under a subcontract with Carol R. Johnson
Associates, Inc.;
WHEREAS, the parties wish to further expand the stype of said Contract to provide for
landscape architectural and engineedng design services including Schematic Design, Design
Development, Construction Documents, Bidding Support and Construction Administration for the
Railroad Street project from Main Street towards the dee; additional dvil and electrical
engineedng services to be performed by Wright -Pierce under a suticontrad with Carol R.
Johnson Associates, Inc.;
NOW, THEREFORE; BE IT ORDERED BY THE CITY COUNCIL OF THE QTY OF BANGOR,
THAT the City Manager, is hereby authorized and directed, on behalf of the City of Bangor, to
execute a Fourth Amendment to the Contract for Professional Services with the consulting fin
of Carol R. Johmmn Associates, Inc, for the Railroad Street Prmect, with terms substantially as
attached hereto, and in a final form approved by the City Solicitor or Assistant City Solicitor.
IN QTY CnmICS
June 24, 2002
Passed
A True Copy, d tt'0 Ig
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