Professional Services Agreement

 

 

This Agreement,  made and entered into this _____ day of April 2010, by and between the City of Lawrence, Kansas, a municipal corporation, acting through the City Manager, as party of the first part termed in this agreement as the “City,” and ______, Inc., party of the second part, termed in this agreement as the “Contractor”. 

 

Whereas, The City desires to engage the Contractor, and the Contractor agrees to render certain technical or professional services in connection therewith.

         

Now, Therefore, the aforementioned parties agree to the following terms and         conditions:

 

1.  Scope of Services.

 

There will be four (4) products that are required for this project:

 

a.       Approximately 200 survey forms for the principal and secondary structures within the study boundaries. 

 

b.       A project report document (5 copies) to include:

                  

                   1. Methodology

 

          2. Survey summary which compiles the information gathered on the survey forms and presents the information related to form type and style divisions. The style and form type divisions will be based on those presented in A Field Guide to American Houses by Virginia and Lee McAllaster.

 

          3. List of surveyed properties and maps per the Historic Preservation Fund (HPF) 2010 Grant Products Manual.  (http://www.kshs.org/resource/hpfinfo.htm)

 

c.       Completion of downloaded survey forms into the Kansas State Historical Society (KSHS) survey database (http://khri.kansasgis.org/) and a digital copy of the survey to be provided to the City.

 

d.       A public information session to introduce the project to the public and a public information session to present the survey.

 

All products shall be provided in both hard copy and a computer format that is compatible with Microsoft Word 2007 or other agreed upon format. 

 

All negatives, photos log sheets, maps, research materials, and additional photographic and archival materials collected as part of the nomination process are to be submitted to the City of Lawrence, Lawrence/Douglas County Metropolitan Planning Department, at the conclusion of the survey and will become the property of the City.

 

 

 

2.  Amount and Terms of the Compensation.

 

The City will pay the Contractor for performance in full of this Agreement, the total sum of EIGHTEEN THOUSAND dollars ($18,000), payable in three installments based on the milestones specified in Attachment A.  A payment of 30% ($5400) will be made after the completion of milestone 1; a payment of 40% ($7200) will be made after the completion of milestone 2; and the final 30% ($5400) will be made after the completion of milestone 3, the completion of the project.  Such payments will be made only if the Contractor has complied with all contract provisions.  The Contractor will receive no other compensation and/or benefits from the City.  This contract is all-inclusive.   Payments to the Contractor shall be made within 60 days of submission of an invoice.

 

3.  Amendments.

 

No substantial changes in the Contract may occur without written approval from both parties.  Approved changes in the Scope of Services or budget shall be incorporated only by written amendment to this agreement.

 

4.  Termination of Contract For Cause.

 

If, through an inexcusable cause, the Contractor shall fail to fulfill in a timely and proper manner all obligations under this contract or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City may terminate the contract by giving written notice to the Contractor of such termination and specifying the effective date of such termination. Written notice shall be mailed to:

 

 

 


On such event, all finished or unfinished documents prepared by the Contractor under this contract shall, a the option of the City, become the property of the City and the Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed here under in accordance with the schedule set forth in Attachment A hereof, together with reimbursement for any out-of-pocket expenses accrued to the date of the termination. However, the total amount paid in reimbursement pursuant to this provision shall not exceed the contractual fee of $2,000.

 

5. Kansas Historical Society Requirements for Contractors and Subcontractors

 

The Kansas Historical Society (KSHS), the Department of the Interior, the Comptroller General of the United States, or any of their dully authorized representatives, shall have access to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcription.  Contractors and subcontractors shall maintain all required records for Three years after grant recipients make final payments and all other pending matters are closed. 

 

Compliance with Executive Order 11246, entitled “Equal Employment Opportunity,” as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (41 CFR 60) is required for contractors or subcontractors.

 

The contractor shall not use his or her position for the actual or apparent purpose of private gain (other than payment for services rendered) for herself or another person, particularly one with whom she has family, business, or financial ties.


The contractor shall not convey inside information that has not become part of the body of public information and that would not be available upon request, directly to any person for the purpose of private gain for himself or herself or another person, particularly one with whom he or she has family, business, or financial ties. 


The contractor shall not, either for or without compensation, engage in teaching, lecturing, or writing that is dependent on information obtained as a result of his or her participation with the recipient, except when that information has been made available to the general public or will be made available upon request, or when the State Historic Preservation Office gives written authorization for the use of non-public information on the basis that the use is in the public interest.



6.  Contract Document.

 

The executed contract documents shall consist of the following:

          a.       The Professional Services Agreement; and,

b.         Attachment A: Historic Resources Survey in Lawrence, Douglas County, Kansas

         

In Witness Hereto, the parties have set their hands this ____ day of April, 2010.

 

 

 

__________________________

David L.  Corliss, City Manager

City of Lawrence, Ks

 

 

 

 

___________________________                                  ______________________

 

 

Attachment A

Historic Resources Survey in Lawrence, Douglas County, Kansas

 

I.    Proposal Information:

 

Project Overview

The City of Lawrence is soliciting written statements of proposal from individuals and/or firms qualified to complete a historic resources survey and building inventory of the area north of the University of Kansas Stadium from Indiana Street to Michigan Street and from 9th Street to 11th Street in Lawrence, Kansas.    The survey area is approximately twelve city blocks and contains approximately 200 structures.   The completion of this survey and inventory will aid the Lawrence/Douglas County Metropolitan Planning Department in the identification of historic resources as outlined in the Preservation Plan Element of Horizon 2020. (This document may be found at

http://www.lawrenceks.org/pds/hr-hph2020element ) 

 

This project will be completed according to the guidelines and regulations established by the National Park Service and the Kansas State Historical Society.

 

All activities and products will be in accordance with the Secretary of the Interior’s Standards and guidelines for survey, planning, and National Register nominations, the National Park Service’s Historic Preservation Fund Grants Manual, and the State of Kansas 2010 Historic Preservation Fund Products Manual.

 

II. Minimum Specifications:

Scope of Work

The consultant will provide a completed historic resources form for each standing structure in the defined survey area.  The completion of this form will include property ownership, legal description, building description, construction dates, historic documentation, architect/builder, style and form information, material information, and latitude/longitude information.  A sketch of the site plan and complete photographic documentation will also be required for each property.  Photographic documentation shall be in compliance with the National Park Service photography policy

(http://www.nps.gov/history/nr/policyexpansion.htm) and will include:

 

          A streetscape of each block within the survey area;

          All elevations of each structure; and

          Identifying or unique characteristics of the survey area (including landscape features). 

 

All work is to be completed by July 30, 2010.

 

There will be four (4) products that are required for this project:

 

1.       Approximately 200 survey forms for the principal and secondary structures within the study boundaries. 

 

2.       A project report document (5 copies) to include:

                   a. methodology

          b. survey summary which compiles the information gathered on the survey forms and presents the information related to form type and style divisions. The style and form type divisions will be based on those presented in A Field Guide to American Houses by Virginia and Lee McAllaster.

          c. list of surveyed properties and maps per the Historic Preservation fund (HPF) 2010 Grant Products Manual (http://www.kshs.org/resource/hpfinfo.htm).

 

3.       Completion of downloaded survey forms into the KSHS survey database (http://khri.kansasgis.org/) and a digital copy of the survey to be provided to the City.

 

4.       A public information session to introduce the project to the public and a public information session to present the survey.

 

All digital format photos, photo log sheets, maps, research materials, and additional photographic and archival materials collected as part of the survey process are to be submitted to the City of Lawrence, Lawrence/Douglas County Metropolitan Planning Office, at the conclusion of the survey and will become the property of the City.

 

Certification, Specifications and Format of Final Products:

 

The consultant is required to meet the Secretary of the Interior's Professional Qualification Standards (48 FR 44716, Sept. 1983). Applicants will be evaluated based upon previous work experience, examples of work, the ability to complete the project during the contract period, and other criteria as may be deemed appropriate by the Historic Resources Administrator.

 

The consultant, in conjunction with the Historic Resources Administrator, is responsible for providing the four (4) products outlined under the Scope of Work in a final and acceptable format to the City of Lawrence as determined by the Historic Resources Administrator.

 

All products shall be provided in both hard copy and a computer format that is compatible with Microsoft Word 2007 or other agreed upon format. 

 

Consultant and City Responsibilities:

 

The City of Lawrence will provide assistance with the design and completion of the area maps that are necessary for the project and the final product.  The Historic Resources Administrator will provide assistance with the required public meetings.

 

The consultant will be responsible for the photography necessary to complete the project, a complete survey form for each property, a summary document, and a project report.  The consultant will also be responsible for providing monthly updates on the project to the Historic Resources Administrator.

 

 

 

PROJECT PERFORMANCE CRITERIA

 

The starting date for this project is no later than April 30, 2010, and the completion date is July 30, 2010. The final project materials shall meet the approval of both the Kansas Historic Preservation Office and the City of Lawrence.  Written progress reports shall be submitted on a monthly basis to the Historic Resources Administrator.

 

The milestones for this project will be as follows:

 

Milestone #1  Complete Survey Records entered into the KSHS interactive online database

 

Milestone #2  Draft Summary Document

 

Milestone #3   Final documents completed

 

 

Professional Requirements:

 

The consultant must meet the National Park Service Professional Qualifications Standards (this document can be found at www.cr.nps.gov/local-law/arch_stnds_9.htm) and must be approved by the Kansas Historic Preservation Office.  Minimum qualifications for this project include demonstrated knowledge and experience in History, Architectural History, or Historic Architecture.

 

The consultant must possess a sound working knowledge of American architectural history and should be familiar with styles and types familiar to eastern Kansas.

 

The consultant should demonstrate experience in successful submission of Historic Resources Surveys to the State Historic Preservation Office.

 

Budget and Contract Type:

 

This project is funded in part with federal funds from the National Park Service, a division of the United States Department of the Interior, and administered by the Kansas State Historical Society (Grant No. 20-09-21822-006). The City of Lawrence is an Equal Opportunity Employer and shall comply with all applicable Federal, State, and local laws, rules and regulations in the awarding of this contract. Upon selection of a contractor, the City of Lawrence will begin contract negotiations based on the project requirements, contractor’s qualifications, proposed time line, and additional constraints.