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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. pa:tmeM d Ma�n,aqger''s/�,Comm�entsJ:,�y� @4uaxv bs a')o'r"T'r" Mr4 UK hrw4. JW.n rw µr��a INTI lAff Wu'1 .LLr19:04, GLrI f.Dl�dtr IAe'l.s/�rn•r1 U)i .-,f:-��¢�bu� 6Ly Manager 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 l�J/�lCt� TI