Northampton New Haven Canal CPA Application.pdf 1
COMMUNITY PRESERVATION PROJECT APPLICATION COVER SHEET
I: Project Information
Project Title: Hampshire and Hampden Canal Historical Study
Project Summary: CPA Funding is sought as part of a regional collaboration project
to facilitate the documentation and preservation of the Hampshire and Hampden
portions of the New Haven and Northampton Canal. CPA funds will be used to hire a
consultant to prepare a formal survey of the Massachusetts length of the Canal and
related inventory documentation to meet the Massachusetts Historical Commission
and National Park Service Standards
Estimated start date: Autumn 2021 2021 Estimated completion date: Autumn 2022
CPA Program Area (check all that apply):
� Open Space X Historic Preservation
� Community Housing � Recreation
II: Applicant/Developer Information
Contact Person and or/primary applicant: Northampton Office of Planning and
Sustainability
Property Owner (if applicable): Canal-related sites along its path in Massachusetts,
from the Connecticut River to Congamond Lakes
Organization (if applicable): Northampton Office of Planning and Sustainability
Mailing Address: City Hall, 210 Main Street
Daytime phone #: 413-587-1263 Fax #: 413-587-1264
E-mail address & Website: http://northamptonma.gov/plan
wfeiden@northamptonma.gov
III: Budget Summary
Total budget for project: $90,000
CPA funding request: $15,000
CPA request as percentage of total budget: 17%
Applicant’s Signature:
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Date Submitted: July 21, 2021
Narrative:
Location: Historic resources around the City
Project Description:
The Office of Planning and Sustainability is requesting CPA funding for a regional
collaboration project intended to facilitate the documentation and preservation of the
Hampshire and Hampden portions of the New Haven and Northampton Canal. For the
past year and a half, Planning and Sustainability, in collaboration with the Towns of
Southwick, Russell and Southampton, the Cities of Westfield and Easthampton, and the
Pioneer Valley Planning Commission (PVPC) have been meeting to facilitate this project
with the award of two District Local Technical Assistance (DLTA) grants (2020 - $15,000
and 2021 - $7,000) from PVPC.
To date, the canal working group has collected the initial documentation needed to
support a successful project outcome and developed a formal project scope, cost
estimate, and RFPQ for a consultant to prepare a formal survey of the Massachusetts
length of the Canal and related inventory documentation to meet the Massachusetts
Historical Commission and the National Park Service’s standards along with a
request for a determination of eligibility for inclusion on the National Register of Historic
Places. We are now seeking funding from each of the participating communities to fund
the hiring of a consultant that specializes in the work described in the RFPQ and for
PVPC to continue to oversee and provide support this project through its completion.
The canal is a regionally significant historic cultural resource, and it is important to note
that in some areas there is still evidence of the canal, as well as regional experts who
are well-versed in the history of the canal, but unfortunately those resources are
vanishing. The canal’s existing conditions and history need to be documented in a
unified manner of existing and historic conditions along the entire length of the canal,
to inform future preservation of what remains, and to ensure that the canal becomes a
valuable and permanent part of Western Massachusetts history.
Over the past twenty-plus years, there have been partial and unsuccessful efforts to
document the Massachusetts portion of the Canal. Municipalities at various times have
made piecemeal efforts to pursue National Register Listing on their own, but the
Massachusetts Historical Commission (MHC) and National Park Service requires
participation by each community, and will not accept inventory work of a regional
resource solely within a municipality’s borders.
This regional collaboration is the first to attempt to document the canal in its entirety in
Massachusetts. Through the District Local Technical Assistance (DLTA) Grant process,
the Municipalities have identified the fact that the canal is a significant cultural resource
and they would like to work together in a regional manner on this important effort.
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Collaborative documentation of the HHC will build upon previous documentation efforts and help create a formal inventory of the entire length of the canal in Massachusetts.
We have already overcome several obstacles that have been significant hurdles in the
past, including preparation of a digital Geographic Information System mapped route of
the Canal Path.
The Hampshire and Hampden Canal documentation project involves properties located
along the approximately 30-mile historic path of the Massachusetts portion of the
former canal within the municipalities of Southwick, Westfield, Russell, Southampton,
Easthampton, and Northampton. The canal path runs from a Southwick guard lock at
the state line south of the Congamond Ponds to the Connecticut River in Northampton.
It directly relates to the 56-mile-long Farmington Canal from Suffield to New Haven,
Connecticut which was listed on the National Register of Historic Places in 1985. (click
for documentation)
The Hampshire and Hampden Canal Company was chartered in Massachusetts in 1823,
and the canal was constructed between 1826 to 1834. In 1836, it was reorganized as
part of the New Haven and Northampton Canal Company and operated until its closure
in 1845. The New Haven and Northampton Railroad, also known as the Canal Railroad,
was completed to Northampton in stages between 1848 and 1856, and was absorbed
by the New York, New Haven, and Hartford in 1887. Its route was informed largely by
the pathway of the canal, and in many locations in Massachusetts was built directly in
the Canal’s route. The Hampshire and Hampden Canal is significant as it relates to
early to mid-19th century engineering, transportation, commerce, agriculture, and
industry. There is currently no formal documentation within the Massachusetts Cultural
Resource Information System (MACRIS) of the entire path of the Hampshire and
Hampden Canal and there is minimal documentation of related resources. The primary
goal of this project is to properly map the canal route and perform reconnaissance work
of archaeological and built resources along the canal’s historic path. This project is a
regional venture and involves the cooperation and efforts of six cities and towns to
document the entire Massachusetts length of the canal. It is anticipated that updated
mapping and documentation of the remaining built and archaeological features of this
significant and irreplaceable Western Massachusetts resource will be utilized as a
valuable planning tool for municipalities. Any formal documentation which meets the
standards of the Massachusetts Historical Commission (MHC) will be available for public
or approved archaeological use through the MACRIS database and mapping site.
Goals
The Expected Deliverables for the project:
• Finalized Digital Mapping of the Canal Route (parcels, aerial imagery, and LiDAR)
• Targeted Archaeological and Structural Reconnaissance Survey
• Targeted Area Inventories and Archeological Site Inventories plus requests for a
National Register
eligibility determination on each form related to the length of the Canal
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• Formal recording of the history of the canal through recording and documenting presentations given by regional canal historian Carl Walter
Community Preservation Criteria
The project meets many of the general CPA evaluation criteria:
Contributes to the preservation of Northampton’s unique character, boosts the vitality of
the community, and enhances the quality of life for its residents
The mouth of the Canal was located between the present day Community Boathouse
and River Run condominiums. From there it traveled south just west of modern Route
5, down State Street to the old Mill River bed, and from there within the path of what
became first the railroad, and now the Manhan Rail Trail. This unique historical
resource is largely unknown, but was important in the history, development, and
establishment of land use patterns in Northampton.
Addresses recommendations contained in the Sustainable Northampton comprehensive
plan and/or the Northampton Open Space, Recreation, and Mixed Use Trail Plan 2011-
2018 or is consistent with other city-wide planning efforts that have received broad-
based scrutiny and input and can demonstrate wide community support
Protection of historical and cultural resources is identified as a priority in these plans.
The project will help both to increase knowledge of the Canal and related resources,
and help to inform future preservation and placemaking efforts.
Saves resources that would otherwise be threatened.
The entirety of the former Canal is a threatened resource. Some segments and related
structures and buildings remain, but in many locations along its route it has completely
vanished. Historian Carl Walter’s maps identified the Canal Route and remaining
structures, but some of those have already disappeared since the map was created.
Locks and aqueducts have been destroyed, ditches filled, canalside inns, stores, and
lockhouses demolished. Increased awareness and knowledge of the Canal can help to
preserve sections that remain.
Receives endorsement by community groups, municipal boards and/or departments,
and City residents
This project has the support of the Easthampton Historical Commission, the Towns of
Southwick, Russell and Southampton, the Cities of Westfield and Northampton, the
Pioneer Valley Planning Commission, and Historic Northampton
Regionally, there are multiple references to the significance of the Canal in municipal
plans (Southwick’s 2019 Open Space and Master Plan, Westfield’s 2018-2025 Open
Space and Recreation Plan, Southampton’s Open Space and Recreation Plan 2012
Update, Easthampton’s 2008 Master Plan, Sustainable Northampton, and the 2018-2025
Open Space, Recreation & Multi-Use Trail Plan). On a statewide level, initial planning
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for a full inventory of the Hampden-Hampshire Canal supports goals of the 2018-2022 MA State Historic Preservation Plan.
Leverages additional public and/or private funds, or demonstrates that other funding
sources are not readily available or sufficient
Northampton’s CPA funding will be leveraged by equal contributions from other canal
communities, and PVPC DLTA funds already invested. There are no other funding
sources available for this stage of the project, but the report they fund can help to open
up additional funding sources.
Historic Preservation Criteria:
Protect, preserve, enhance, restore and/or rehabilitate properties, features or resources
of historical significance
Demonstrate eligibility for a local, State or National Historic Register listing, and support
of the local Historic Commission
The project will result in a report that can be used directly in the submission of a
National Register nomination.
Project Budget:
HHC Canal Project Budget request
Appropriation
Community Amount
For RFPQ
Easthampton $ 15,000.00
Northampton $ 15,000.00
Russell $ 15,000.00
Southampton $ 15,000.00
Southwick $ 15,000.00
Westfield $ 15,000.00
Total $ 90,000.00
Project Costs
Reconnaissance survey and data
collection includes presentations,
and final report $ 82,000.00
PVPC Project Management (10%) $ 8,000.00
Total Projected Cost $ 90,000.00
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Project Timeline and Feasibility:
This project will be funded by six Massachusetts communities with different types of
local government structures and levels of resources. Five of the six communities have
access to CPA funds, the remaining community has pledged other municipal funds,
already on-hand, to the project. Because some of the communities will need to have a
special town meeting to vote on their CPA appropriation the expectation is that all
funding will be available by the end of the summer. Expedited CPA funding is being
requested to keep the project on-track and keep momentum moving forward, and allow
the release of the request for qualifications in late summer. entire project (mapping,
surveys, and inventories) will take about one year to complete.
Attachments:
Maps
Support Letters
Draft RFPQ
PIONEER VALLEY PLANNING COMMISSION
REQUEST FOR PROPOSALS
Hampshire & Hampden Canal Documentation Project
Historic Consultant Services
A. Project Overview
1. The Pioneer Valley Planning Commission (PVPC) wishes to receive proposals for a Consultant to conduct the collection of historic data with regards to the Hampshire and Hampden portion of
the New Haven and Northampton canal system for the communities of Easthampton, Northampton, Russell, Southampton, Southwick and Westfield, Massachusetts. Under the
guidance of the PVPC Historic Preservation Planner, the Consultant will act as the Principal Investigator to conduct the formal collection of historical data on the section of canal running through Hampden and Hampshire Counties. The Consultant will collect data at the municipal and regional levels. 2. The funding for this project is based on the availability and approval of local funding by the participating communities of Easthampton, Northampton, Russell, Southampton, Southwick and Westfield and will not exceed $82,000. 3. Services provided under this contract are expected to be provided from August 1, 2021 through June 30, 2022. 4. A proposal must remain valid until the award date of the contract for services herein sought. 5. The Pioneer Valley Planning Commission shall be the Awarding and Contracting Authority. 6. The PVPC may cancel this RFP, in whole or in part, at any time whenever such an act is deemed in its best interest. 7. The PVPC will not be responsible for any costs incurred by a proposer in preparing and submitting a proposal in response to this RFP. 8. Any questions pertaining to the project scope and effort should be directed to Eric Weiss, PVPC Manager of Regional and Municipal Services eweiss@pvpc.org. Cell # 413-687-3356. Any questions regarding the technical requirements of this RFP should be directed to Erica Johnson, PVPC Chief Procurement Officer ejohnson@pvpc.org. Phone 413-781-6045.
B. Scope of Services A detailed scope of services is provided in Attachment A.
C. Project Background The Hampshire and Hampden Canal documentation project involves properties located along the approximately 30 mile historic path of the Massachusetts portion of the former canal within the municipalities of Southwick, Westfield, Russell, Southampton, Easthampton, and Northampton. The canal path runs from a Southwick guard lock at the state line south of the Congamond Ponds to the Connecticut River in Northampton.
It directly relates to the 56 mile long Farmington Canal from Suffield to New Haven, Connecticut which was listed on the National Register of Historic Places in 1985.
Project Overview - The Hampshire and Hampden Canal Company was chartered in Massachusetts in 1823, and the canal was constructed between 1826 to 1834. In 1836, it was reorganized as part of the New Haven and Northampton Canal Company and operated until its closure in 1845. The Hampshire and Hampden Canal is
significant as it relates to early to mid-19th century engineering, transportation, commerce, agriculture, and industry. There is currently no formal documentation within the Massachusetts Cultural Resource Information System (MACRIS) of the entire path of the Hampshire and Hampden Canal and there is minimal documentation of related resources. The primary goal of Phase I of this project is to properly map the canal route and perform reconnaissance work of archaeological and built resources along the canal’s historic path. This project is a regional venture and involves the cooperation and efforts of six cities and towns to document the entire Massachusetts length of the canal. It is anticipated that updated mapping and documentation of the remaining built and archaeological features of this significant and irreplaceable Western Massachusetts resource will be utilized as a valuable planning tool for municipalities. Any formal documentation which meets the standards of the Massachusetts Historical Commission (MHC) will be available for public or approved archaeological use through the MACRIS database and mapping site.
Previous Documentation - Previous documentation is available including the 2002 Survey and Inventory of the Hampshire and Hampden Canal (New Haven and Northampton Canal) for a Proposed National Register of
Historic Places Nomination by Michael S. Raber with the participation of Carl E. Walter and the 2008 Public Archaeology Laboratory (P.A.L.) report for the Massachusetts Historical Commission entitled Phase I and II Work Products – Pilot Study Areas New Haven and Northampton Canal Southwick and Westfield,
Massachusetts. Both of these resources have extensive bibliographies of earlier documentation and primary sources. A working bibliography of existing resources is also provided with this RFP. (Attachment D). Historian Carl E. Walter has been researching the entire length of the New Haven to Northampton Canal for 30 years and it is strongly recommended that he be contacted by the consultant. D. Consultant Requirements The consultant team must include a Principal Investigator and Research Team who meet the Secretary of the Interior’s Professional Qualifications Standards for Archeology (36 CFR 61 Appendix A) and the qualifications of the Massachusetts State Archaeologist’s permit regulations and Standards for Field Investigation and Reports as summarized in 950 CMR 70.10, 70.13, and 70.14. The Research Team as a whole (which includes the Principal Investigator) must meet the Professional
Qualifications standards of the Massachusetts State Archaeologist’s permit regulations as summarized in 950 CMR 70.10 (1) and (2). Consultants must also have recent work experience on comparable New England archaeological sites using Massachusetts Historical Commission and State Archaeologist survey methodology
and standards including previous successful and timely completion of archaeological surveys under a State Archaeologist’s permit meeting the Standards for Field Investigation and Reports (950 CMR 70.13 to 70.14).
Qualifications of the Research Team (950 CMR 70.10 (1)): The Research Team should consist or a group of investigators whose cumulative professional backgrounds and experience will be appropriate to the proposed undertaking. The Research Team should assess the adequacy of its qualifications to meet the demands of the Research Design and take steps to redress any deficiencies or inadequacies by bringing in associates who have the needed qualifications. Research Teams will normally consist of a principal investigator, field supervisors, laboratory supervisors, field crew, laboratory crew, and professional consultants with a variety of academic backgrounds. Research Teams will normally be interdisciplinary in nature, and may include anthropologists, historians, historical archaeologists, prehistoric (ancient period) archaeologists, geologists, etc. as appropriate to the research design. The Research Team should consist of individuals whose backgrounds in research, field work, and analysis will ensure careful and scientific recording of the non-renewable archeological properties.
The Research Team should include one or more individuals who meet all of the following standards. (Note: Not all members of the Team need meet these standards):
1. A graduate degree in archeology or anthropology;
2. At least sixteen (16) months of professional experience or specialized training in archeological field, laboratory or library research including: a. At least four (4) months of field experience in general North American archeology;
b. At Least six (6) months of experience in a supervisory role in northeastern archeology; 3. At least six (6) months field and laboratory experience in sites and specimens of the type and period of the site which is the object or study (i.e. six (6) months experience in North American historical archaeology, six (6) months experience in North American industrial archaeology, and six (6) months experience in the prehistoric (ancient period) archaeology of glaciated North America).
Qualifications of the Principal Investigator (950 CMR 70.10 (2)): The Professional Qualifications required for a principal investigator to receive a permit to conduct an archeological field investigation are: 1. A graduate degree in archeology or anthropology; and 2. A demonstrated ability to carry research to completion evidenced by timely completion of thesis, research reports, field investigations carried out under previous permits, or similar documents.
Proposers should be able to comply with M.G.L. 950 CMR 70.00 which standardizes the procedures for conducting a non-destructive archaeological reconnaissance survey in Massachusetts and must meet the qualifications outlined in M.G.L. 950 CMR 70.10, Professional Qualifications with a research team “whose
cumulative professional backgrounds and experience will be appropriate to the proposed undertaking.”1 Proposers should also meet the following minimum criteria:
1. Bachelor’s Degree in Historic Preservation, Architectural History, History, Art History or a closely related field and at least two years full-time experience in an area relevant to the project; or 2. Master’s Degree in Historic Preservation, Architectural History, Art History, or a closely related field. E. Proposal - Submission Procedures 1. All proposals will substantially conform to Chapter 30B of the Massachusetts General Laws and any other applicable state and federal regulations. Acceptance of any proposal to provide such services is subject to the continued availability of funds provided by the communities participating in this project. 2. Proposals must be submitted separately from pricing information. Sealed envelopes should clearly identify the party submitting the proposal and indicate that it contains either the pricing or non-pricing information for the proposal. A single original hard copy of each portion (price and non-price) of the proposal must be submitted in two separate envelopes. Both envelopes should be submitted to: Pioneer Valley Planning Commission 60 Congress Street, 1st Floor Springfield, MA 01104
ATTN: Erica Johnson
Re: Hampshire & Hampden Canal Documentation Project Historic Consultant Services 3. Proposals must be received no later than 2:00 P.M. on Tuesday, July 20th, 2021.
1 https://www.mass.gov/regulations/950-CMR-70-massachusetts-historical-commission
4. Only one hard copy is required to be submitted. Once it is confirmed that your proposal has been received prior to the deadline and that price and non-price proposals have been properly separated, an electronic version of both proposals will be sequentially requested by the PVPC to allow for review by multiple individuals. 4. Proposals may be changed or withdrawn prior to but not subsequent to this date, by submission of such change in writing in a sealed envelope, identifying the submitting party and indicating that it contains a correction of the pricing or non-pricing proposal for the Hampshire & Hampden Canal Documentation Project Historic Consultant Services. 5. The contents of proposals will be kept confidential until the evaluation process is completed. However, at the time the non-price proposals are opened, a register of proposals, including the name of each proposer and the number of proposal modifications submitted by each proposer, will be made available to the public. F. Modifications to Proposals 1. Modifications to proposals may be submitted prior to the date and time specified for receipt of proposals. 2. An original must be submitted together with a transmittal letter signed by an authorized official of the firm. 3. Modifications must be clearly marked " Hampshire & Hampden Canal Documentation Project Historic Consultant Services - Modification No.__" and sent to the proper PVPC mailing address above. 4. The title of the submission should clearly indicate whether the enclosed submission modification refers to the pricing or non-pricing information. G. Submission Requirements 1. Each proposal submitted should contain the following: a) A section with narrative responses to the Minimum Quality Requirements (See Section H) and Comparative Evaluation Criteria (See Section I). b) Resumes, and supporting materials for all Project Team members, demonstrating the proposer has the training, educational background and work experience appropriate to the project as described. c) Compliance Certifications (Attachment C).
d) A list of at least three (3) references from similar projects completed by the same Project Team.
e) A list of projects including a brief description of three (3) comparable projects completed by the Project Team. .
f) A narrative describing the plan of approach for completing the Scope of Work outlined in Attachment A. The response will demonstrate the proposer’s approach to the subject material, an understanding of the local historic and cultural resources addressed by the project, and a clear understanding of the time required for each phase of the project.
To be provided separately:
g) Price Proposal Submission Form (Attachment B). h) Pricing information sections of proposals should indicate a proposed budget, including
hourly rate(s) and the total estimated hours for assigned staff, invoicing schedule or a schedule of payments. The PVPC is seeking a fixed fee for the services being sought. 2. If any part of the scope of services under this RFP is to be completed by a subcontractor, the proposer will provide a complete description of the services to be subcontracted for along with a complete description of the qualifications and capabilities of the subcontractor. As part of the contract award for services, the PVPC reserves the right to approve or disapprove any and all such subcontractors and to revoke any approval previously given. H. Minimum Quality Requirements The following shall be considered minimum standards necessary to perform the scope of work. Acceptable evidence or certification must be provided to demonstrate the minimum standards are being met. Failure to meet the minimum standards as described below shall result in a proposal rejection.
1. The proposed Research Team must meet or exceed all elements outlined in Section D: Consultant Requirements.
2. The proposed Research Team has completed a minimum of three (3) projects together with comparable scopes for public sector clients.
3. The Research Team can provide a minimum of three (3) clients able to provide a positive reference.
I. Comparative Evaluation Criteria Each competing firm must indicate if and how they meet the following Comparative Evaluation Criteria. Responses to each of these criteria will be judged in four rating categories:
Highly Advantageous Advantageous Not Advantageous Unacceptable To what extent are the following met? 1. Number of comparable projects completed by the same Project Team. Comparable projects shall include those that meet the Secretary of the Interior’s Professional Qualifications Standards for Archaeology and the qualifications of the Massachusetts State Archaeologist’s permit regulations and Standards for Field Investigation and Reports.
Highly Advantageous Five (5) or more projects
Advantageous 3-4 projects
Not Advantageous 1-2 projects Unacceptable No comparable projects
2. Is the proposal clear and concise? Does the proposal specifically respond to the RFP? Does the plan of approach address the project objectives?
Highly Advantageous The proposal contains clear and comprehensive plan that addresses all of the project objectives stated in the RFP Advantageous The proposal contains a clear and comprehensive plan that addresses most of the project objectives stated in the RFP Not Advantageous The proposal does not contain a clear and comprehensive plan that
addresses most of the project objectives stated in the RFP Unacceptable There were several errors and omissions within the proposal.
3. The Research Team should include one or more individuals who meet all of the following standards:
1. A graduate degree in archaeology or anthropology;
2. At least sixteen months of professional experience or specialized training in archaeological field laboratory or library research including at least four months of field experience in general North American archaeology or at least six months of experience in a supervisory role in Northeastern archaeology;
3. At least six months field and laboratory experience in sites and sepcimens of the type and period of the site which is the object of study (i.e. six months experience in North American historical archaeology, six months experience in North American industrial archaeology, and six months experience in the prehistoric (ancient period) archaeology of glaciated North America.
Highly Advantageous The proposed Team includes at least one individual who meets each of the standards above, and some standards
are met by more than one Team member
Advantageous The proposed Team includes at least one individual who meets each of the
standards above
Not Advantageous The proposed Team is unable to meet
one of the standards above Unacceptable The proposed Team is unable to meet two or more of the standards above J. Rule for Award Proposals will be evaluated, scored and ranked by a review committee designated by the Pioneer Valley Planning Commission. The award will be made according to the following guidelines: 1. Price and non-price proposals will be separated. 2. The non-price proposals will be opened at the time specified in this RFP in the presence of one or more witnesses. Each proposal will be examined to determine whether it meets all submission and quality requirements specified in this RFP. Any proposal that fails to comply with these requirements will be considered non-responsive and eliminated from the competition.
3. The remaining non-price proposals will then be evaluated according to the Comparative Evaluation Criteria specified in Section G of this RFP. Evaluations will be in writing and will indicate the rating given for each criterion, the reasons for the rating, a composite rating of each
proposal, and the reasons for the composite rating. 4. After the non-price proposals have been evaluated and ranked, price proposals will then be
opened. Price proposal comparisons will be based on the total fee proposal submitted inclusive of Tasks described in the Scope of Services. The best price shall be the lowest total price for all tasks. 5. Finally, the most advantageous proposal will be selected by weighing both qualifications and price. The PVPC will consider price and the following factors: • Whether or not the submission procedures and requirements as set forth in this RFP have been met; • Whether or not the quality requirements as set forth in this RFP are met; • Whether or not the firm’s references are satisfactory; • Whether or not the firm has demonstrated the ability to serve the Commission well from a technical and management viewpoint; • The merits of the proposed plan of services; and • The comparative evaluation ratings. As previously noted, the PVPC reserves the right to reject any proposal which, in its judgment, fails to meet the requirements of this RFP or which is incomplete, conditional, or obscure; or which contains additions or irregularities; or in which errors occur; or if it is determined to be in the best interests of the PVPC to do so. The PVPC reserves the right to waive minor discrepancies or permit a competing firm to clarify such discrepancies and so conduct discussions with all qualified competing firms in any manner necessary to serve the best interests of the Commission. The PVPC reserves the right to award the contract up to forty-five (45) days after the proposal due date. The PVPC also reserves the right to award a contract based upon written proposals received without prior discussions or negotiations. The Pioneer Valley Planning Commission will be the awarding and contracting authority.
ATTACHMENT A: SCOPE OF SERVICES
Hampshire & Hampden Canal Documentation Project
Historic Consultant Services
Methodology
This project must incorporate MHC criteria and methodology, to current standards. For guidance, see MHC’s Historic Properties Survey Manual: Guidelines for the Identification of Historic and Archaeological Resources
in Massachusetts (1992); Survey Technical Bulletin #1 (1993); MHC Interim Survey Guidelines (March 1999, et. seq.); and MHC Guidelines for Inventory Form Locational Information (2016). The tasks and products of this project should meet the Secretary of the Interior’s Standards and Guidelines for Archaeology and Historic Preservation [as Amended and Annotated] (1983). Deliverables TASK 1: DIGITAL MAPPING OF CANAL ROUTE In anticipation of this project the Northampton GIS Coordinator has prepared a digitized map of the suspected canal route (which will be available for use by the consultant) using an earlier topographical map created with surveyor information and with data points prepared by canal historian Carl Walter. There will
also be the need for reconnaissance survey meeting the regulations and Standards for Field Investigation and Reports of 950 CMR 70” This work has accomplished the goal of providing a solid starting point for parcel level mapping. An index of potential parcels is included with the RFP. (Attachment
E) The consultant will be expected to provide final mapping work which should include assessor’s parcels, aerial imagery (using 2019 Mass GIS data), and LiDAR. TASK 2: RECONNAISSANCE SURVEY MEETING THE REGULATIONS AND STANDARDS FOR FIELD INVESTIGATION AND REPORTS OF 950 CMR 70
Project proponents are requesting a targeted, archaeological and structural reconnaissance survey of properties along the entire Massachusetts route of the historic Hampshire and Hampden portion of the former New Haven and Northampton Canal. The survey should provide a data sheet with significant built and archaeological resources. To continue the efforts of previous documentation, the survey report should also examine and provide recommendations related to listing the Hampshire and Hampden portion of the canal on the National Register of Historic Places as well as providing recommendations relevant to municipal and regional planning. The survey area target boundaries of this report should be in a format to be received and accepted by MHC to be digitized in a survey report archaeology layer in MHC’s MACRIS Maps with a report number reference. This report will be available to the related project cities and towns as well as to qualified users on site at MHC for
inclusion in the Inventory and Archeological Assets of the Commonwealth, MACRIS and MHC MACRIS maps as applicable under supervision of MHC archaeology staff.
TASK 3: TARGETED AREA INVENTORIES AND ARCHEOLOGICAL SITE INVENTORIES Based on information from the Targeted Archaeological and Structural Reconnaissance Survey Report and
recommended potential AREAS and Archaeological Sites prepare a select number of priority AREA and/or Archaeological Site forms for submission to the Massachusetts Historical Commission for inclusion in the
Inventory of Historic and Archaeological Assets of the Commonwealth, MACRIS and MHC MACRIS Maps, as applicable.
ATTACHMENT B:
PRICE PROPOSAL SUBMISSION FORM
Hampshire & Hampden Canal Documentation Project
Historic Consultant Services
Name of Firm: Street: ______ City/Town: State: ____ Zip Code:
Refer to Attachment A of RFP for Task Descriptions
PRICE
Task 1
Task 2
Task 3
Total
SUBMITTED BY: Name/Title: Signature: Date:
• Provide additional information as necessary
ATTACHMENT C: COMPLIANCE CERTIFICATIONS
Hampshire & Hampden Canal Documentation Project – Historic Consultant Services
Certificate of Non-Collusion: The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, union, committee, club, or other organization, entity, or group of individuals.
Non-Discrimination and Affirmative Action Certification: The Consultant agrees to comply with all applicable Federal and State statutes, rules and regulations prohibiting discrimination in employment, including but not limited to, the Americans with Disabilities Act 42 USC 12101, 28 CFR Part 35, or as amended; 29 USC S.791 et. seq.; Executive Orders 227, 237, 246; MGL C. 151B; and MGL C. 272, S. 92A, S98 et.seq., or any amendments to these provisions. Pursuant to Executive Orders 227 and 246, the Consultant is required to take affirmative actions designed to eliminate the patterns and practices of discrimination including providing written notice of its commitment to non-discrimination to any labor association with which it has an employment agreement, and to certified minority and women-owned businesses and organizations or businesses owned by individuals with disabilities. The Commission shall not be liable for any costs associated with the Consultant's defense of claims of discrimination.
Qualifications: The Consultant represents that it is qualified to perform the services required under this contract and possesses or shall obtain all requisite licenses and permits.
Employment Security Contributions and Compulsory Workers' Compensation Insurance: Pursuant to MGL C.151A, S.19 and MGL C.152, the Consultant certifies with all laws of the Commonwealth relating to payments to the Employment Security System and all Commonwealth laws relating to required worker's compensation insurance policies.
Tax Compliance Certification : Pursuant to M.G.L. c. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, the Commission is in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.
Public Contracts – Debarment: The respondent certifies that neither the company nor its principals are suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from the award of contracts, procurement or non-procurement programs from the Commonwealth of Massachusetts, United States Federal Government, and/or the Commission. "Principals" means officers, directors, owners, partners and persons having primary interest, management or supervisory responsibilities with the business entity. The
Contractor shall provide immediate written notification to the town at any time during the period of the contract or prior to the contract award if the Contractor learns of any changed condition with regards to the debarment of the company or its officers. This certification is a material representation of fact upon which reliance will be
placed when making the business award. If at any time it is determined that the vendor knowingly misrepresented this certification, in addition to other legal remedies available to the municipalities, the contract will be cancelled and the award revoked.
Signed under the penalties of perjury on this day of , 2021. _______________________________ Signature ________________________________ Name of Person Signing Proposal ________________________________ Name of Firm ________________________________ Date
ATTACHMENT D: WORKING BIBLIOGRAPHY
Hampshire & Hampden Canal Documentation Project
Historic Consultant Services
WORKING BIBLIOGRAPHY
(Adapted from the Raber Associates et. al bibliography of the 2002-2003 Survey and Inventory of the Hampshire and Hampden Canal which was also used in the 2007, 2008 PAL/MHC Pilot Study) PUBLICATIONS Adams, Virginia H.
1995 Blackstone Canal Historic District National Register of Historic Places Nomination,
Blackstone, Millville, Uxbridge, Northbridge, Worcester, Massachusetts. PAL Report No. Submitted to the Massachusetts Historical Commission, Preservation Worcester, and the Blackstone River Valley National Heritage Corridor Commission. On file, Massachusetts Historical Commission, Boston, Massachusetts. Adams, Virginia H. and Kierstead, Matthew A. 1999 Middlesex Canal Comprehensive Survey Phase IV Survey Report. PAL Report No. 0989 Submitted to the Middlesex Canal Association. On file, Massachusetts Historical Commission, Boston, Massachusetts.
Adams, Virginia H. 2006 Technical Memorandum. PAL No. 2017, February 23, 2006.
Adams, Virginia, Suzanne Cherau, Jennifer Banister 2007 Permit to conduct Cultural Resource Recon Survey for Pilot Study of New Haven and
Northampton Canal. PAL No. 2134, 2007. Anonymous
1836 An Act to Incorporate the New Haven and Northampton Company. 1836. 1850 An Account of the Farmington Canal Company; of the Hampshire and Hampden Canal Company, and of the New Haven and Northampton Company, Till the Suspension of its Canals in 1847. New Haven, 1850. 1926 “The Hampshire and Hampden Canal,” in John H. Lockwood, ed., Western Massachusetts: A History 1636-1925, Vol. I, pp. 207-24. New York and Chicago: Lewis Historical Publishing Company, Inc.
Camposeo, James, Mark, 1977 “The History of the Canal System between New Haven and Northampton, 1822-1849”
Historical Journal of Western Massachusetts 6, Fall, 1977.
Connecticut Writers’ Project 1941 Boats Across New England Hills. Hartford: State Department of Education, 1941. (pdf download)
https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&cad=rja&uact=8&ved=2ahUKEwiU5OiUguTsAhXnQd8KHYNkCxsQFjAAegQIBRAC&url=https%3A%2F%2Fconnecticuthistory
illustrated.org%2Fislandora%2Fobject%2F30002%253A5348412%2Fdatastream%2FPDF%2Fdownload&usg=AOvVaw1Tor4H-6zkP3zaestvvGn2 Cortis, Ralph E. and Bruce W. Cortis.
2013 Russell, Massachusetts. Establishment of a New England Town and Early Historical Notes. Levellers Press, 2013.
Department of the Army, New England Division, Corps of Engineers. 1979 Lyman Mill Pond Phase I Inspection Report, National Dam Inspection Program. March 1979. On file, Southampton Historical Society, Southampton, MA. Donovan, J. Mike 2004 A Place of Many Windings. The Rise and Fall of a New England Mill Town. (p. 52) Hart, Charles Rufus Some Engineering Features of the Old Northampton Canal http://sections.asce.org/connecticut/sites/sections.asce.org.connecticut/files/1933-
NorthamptonCanal1of3.compressed.pdf (some missing) Kirkland, E.C.,
1948 Men, Cities and Transportation. A Study in New England History, 1820-1900. Harvard University Press, Cambridge, MA.
Larson, John Lauritz 2001 Internal Improvement: National Public Works and the Promise of Popular Government in the Early United States. University of North Carolina Press, Chapel Hill, NC. Lockwood, Rev. John N. (ed), Ernest N. Bagg, Walter S. Carson, Herbert F. Riley, Edward Boltwood, Will L. Clark 1926 Western Massachusetts A History 1636-1925, Volume I. New York and Chicago: Lewis Historical Publishing Company, Inc. 1926 (Chapter VIII, 207-224). Archive.org (site), https://archive.org/details/westernmassachus01lock/page/n7/mode/2up Madison, Robert R. 2016 New Haven and Northampton Canal Greenway Bike and Rail Trails Following the Historic Canal. Southwick: Southwick Historical Society, 2016.
Massachusetts Department of Conservation and Recreation, PVPC, FRCOG 2009 Southwick Reconnaissance Report: CT River Valley Reconnaissance Survey. MA Heritage
Landscape Inventory Program.
https://www.southwickma.org/sites/g/files/vyhlif1241/f/uploads/southwick_reconnaissance_report.pdf
Massachusetts Historical Commission (all available online) 1982a MHC Reconnaissance Survey Reports – Easthampton. Massachusetts Historical Commission, Boston, MA. 1982b MHC Reconnaissance Survey Reports – Northampton. Massachusetts Historical Commission, Boston, MA. 1982c MHC Reconnaissance Survey Reports – Russell. Massachusetts Historical Commission, Boston, MA.
1982d MHC Reconnaissance Survey Reports – Southampton. Massachusetts Historical Commission, Boston, MA.
1982e MHC Reconnaissance Survey Reports – Southwick. Massachusetts Historical Commission, Boston, MA.
1982f MHC Reconnaissance Survey Reports – Westfield. Massachusetts Historical Commission, Boston, MA.
Massachusetts Historical Commission Survey Team 1984-1988 Historic & Archaeological Resources of the Connecticut River Valley: A Framework For Preservation Decisions. Boston: Massachusetts Historical Commission, 1984 https://www.sec.state.ma.us/mhc/mhcpdf/regionalreports/ctvalley.pdf 2019 State Register of Historic Places. Massachusetts Historical Commission, Boston, MA. 2020 Massachusetts Cultural Resource Information System (MACRIS, site)
https://mhc-macris.net Massachusetts Cultural Resource Information System Maps (MACRIS Maps, site)
https://maps.mhc-macris.net McGinley Hart & Associates
1994 Historic Resources Survey, Great River Bridge Improvement Project. Prepared for the City of Westfield, MA. McGinley Hart & Associates. New Haven and Northampton Company 1845 Annual Reports. 1845-848. 1846 Amendment of the Charter of the New Haven and Northampton Company, June 1846. New Haven, CT. Raber Associates, Carl E. Walter, et. al 2002-2003 Survey and Inventory of the Hampshire and Hampden Canal (New Haven and Northampton Canal) for a proposed National Register of Historic Places Nomination, 2002-2003. Digital version available.
Roberts, Norene A. and Betsy Friedberg 2000 Lockville Historic District National Register Nomination Massachusetts Cultural Resource Information System (MACRIS) (site),
http://mhc-macris.net/Details.aspx?MhcId=STH.B Stevenson, David
1872 The Principles and Practice of Canal and River Engineering. Edinburgh: Adam and Charles Black, 1872. Archive.org (site), https://archive.org/details/principlesandpr04stevgoog/page/n8/mode/2up?q=hampshire+hampden+canal+ United States Congress 1830 Statement on the Petition of the Farmington, and Hampshire and Hampden Canals [to accompany Bill H.R. No. 276]. 21st Congress, 1st Session, HR Report 221. February 22, 1830. Westfield Newsletter
1846 Sketch – Westfield South Basin MAPS, PLANS, AND ATLASES (CHRONOLOGICAL ORDER) 1795 Map of Southwick. Collection of the Massachusetts State Archives, Boston, MA. #1155.
1825 Specifications, plan, bird’s-eye view and broadside view of wooden lock. Manuscript. 1825. Connecticut State Library, Hartford, Connecticut. Jocelyn, Nathaniel 1828 Map Exhibiting the Farmington and Hampshire & Hampden Canals: together with the line of their proposed continuation through the Valley of the Connecticut River to Canada. New Haven,1828. Available on-line through https://collections.leventhalmap.org/search/commonwealth:wd3763425 1830 Map of Southwick. On File, Massachusetts State Archives, Boston, MA.
Dwight, Justus 1830 A Plan of Southampton. Massachusetts Historical Survey.
Holcomb, Amasa 1830 A Correct Map of the Town of Southwick. Collection of the Massachusetts State Archives. Boston, MA. #1976.
Goldthwaite, J.H. 1834 A Plan of Westfield from the Survey of 1831. J.H. Goldthwaite. Collection of the Smith Museum, Westfield, MA. 1854a Map of Westfield. Collection of the Smith Museum, Westfield, MA. 1854b Plan of the Location of the Hampshire and Hampden R.R. through Westfield Village. Collection of the City of Westfield GIS Office. Beers. F.W. 1870 Atlas of Hampden County, Massachusetts. F.W. Beers and Company, New York, NY.
1873 Map of Hampshire County.
Bailey, O.H. & Co. 1875 Westfield 1875. O.H. Bailey & Co., Boston, MA.
Sanborn Map Company 1884 Insurance Maps of Westfield, Massachusetts. Sanborn Map Company, New York, NY. Revised through 1948. 1894 Map of Westfield. Collection of the Smith Museum, Westfield, MA. Richards, L.J. 1912 Standard Map of Hampden County. Richards Map Company, Springfield, MA. Richards, L.J.
1912 Map of Westfield. Richards Map Company, Springfield, MA. Massachusetts Geodetic Survey City and Town Map Series.
1937 Southampton, Hampshire County, May 1937. Hummel, Ruth S. and Carl E. Walter
2000 Map of the Farmington Canal. Walter, Carl E.
2006 Map of the Hampshire and Hampden Canal (1829-1847). Accessed on-line through http://www.historic-northampton.org/products/guides/hampshirecanal.html (hard copy available through Historic Northampton) Thompson, James 2020 Digitized draft projection of Hampshire and Hampden Canal Path based on Carl E. Walter’s map (which was based on historic, published, surveyor’s data). Available through Northampton GIS department. REPOSITORIES Carl E. Walter Canal historian Carl E. Walter’s vast knowledge and personal files SOUTHWICK RUSSELL WESTFIELD
Smith Museum, Westfield, MA. Archive Collections. Anon. 1823 Manuscript of the Contract for the Construction of the Massachusetts section of the New Haven and Northampton Canal. Hurd, Jarvis 1826 Report made by Jarvis Hurd and submitted to Thomas Shepard, Elijah Bates, August Collins and John Mills composing the Executive Committee of the Hampshire and Hampden Canal Corporation: Dated April 3, 1826. 1834 Canal Accounts 1834, Nov. 10 [Expenditures] (labeled section 9 item e-2]
Johnson, Mary Ann Douglas 1850 Old Canal Aqueduct built over the Great River in Westfield, Mass. Watercolor.
n.d. View of the New Haven and Northampton Canal Aqueduct. Oil on Canvas.
SOUTHAMPTON Southampton Historical Society, Southampton, MA Toll-Keeper’s Account Book Judge Gaius Lyman Canal Scrapbook. Folder 66-34 Communications, Canal, clippings, etc. Folder 35.6 Hand-drawn maps and other documentation (contact Southampton Historical Commission for access)
Town of Southampton Anon. 1822 Canal Petition. Town of Southampton General Records. V. 3 6 December, 1822:95.
Edwards Library, Southampton Newspaper Clippings, Notebooks
EASTHAMPTON Town of Easthampton 1820-1850 Easthampton Town Records, Volumes II and III Easthampton Public Library 1831 Miscellaneous maps and records NORTHAMPTON Northampton County Commissioner’s Office, Old Court House Stone, L.M., Chief Engineer, and Samuel Williston, President.
1854 Map of the Location in Hampshire County of the Hampshire and Hampden Railroad, March 21, 1854. Bound books of railroad locations in Hampshire County, Book 12, Section 1.
1854 [map of proposed location] Hampshire County Commissioner Records, Plan Book 12, Section 1. Hampshire County Court House, Northampton.
Canal litigation and awards. Book 1. Forbes Library, Northampton, MA Hurd, Jarvis 1826 Report of Jarvis Hurd Esq. Civil Engineer of the Hampshire and Hampden Canal Company. Hiram Ferry, 1826. OTHER REPOSITORIES Beinecke Rare Book and Manuscript Library, Yale University, New Haven, Connecticut. Various 1825-1846 Papers relating to the history of the Farmington Canal and New Haven and Northampton
Company. Papers of Henry Farnum.
ATTACHMENT E:
Hampshire & Hampden Canal Documentation Project
Historic Consultant Services
*Based on historic maps and current geolocation collection, digital mapping and
probable parcel and ownership data for the canal and feeder canals has been prepared
by the Northampton GIS Coordinator. General information will be provided upon
request to bidders and the selected consultant will have access to this data.*
The spreadsheet of owners was extracted from MassGIS Level 3 Standardized Parcel Data. This extract is based on a 100' buffer of the *tentative canal centerline*. Based on
an assumed canal width of 12', that means a "true" buffer of 94' from each
corresponding canal "edge". Additional extracts were created for centerline buffers of
25', 50' and 75'. Other buffer distances can be created on demand should anybody think
them worthwhile.
The data fields of the spreadsheet include (among others) identifiers as assigned by the
town/city level ("Map_PAR_ID", "PROP_ID") as well as that assigned by MassGIS
("LOC_ID").
ATTACHMENT F: ADVERTISEMENT: REQUEST FOR PROPOSALS
Hampshire & Hampden Canal Documentation Project
Historic Consultant Services Pioneer Valley Planning Commission
Historic Consultant Services
The Pioneer Valley Planning Commission (PVPC) wishes to receive proposals for a Consultant to conduct the collection of historic data with regards to the Hampshire and Hampden portion of the New Haven and Northampton canal system for the communities of Easthampton, Northampton, Russell, Southampton,
Southwick and Westfield, Massachusetts A more detailed Request for Proposal (RFP) is available at the Pioneer Valley Planning Commission, 60 Congress Street, Springfield, MA 01104, (413) 781-6045, between 9:00 AM and 5:00 PM. To request a copy of the RFP, please contact Sue Ortiz at sortiz@pvpc.org. The RFP will be
available from the time of this notice until the due date specified below. The PVPC reserves the right to reject any and all proposals if it is deemed in its best interests to do so. The PVPC is the awarding and contracting authority.
Proposals must be submitted no later than 2:00 PM, Tuesday, July 20th, 2021 at the Pioneer Valley Planning Commission, 60 Congress Street, 1st Floor, Springfield, MA 01104.
ATTACHMENT G: SAMPLE CONTRACT PROVISIONS
Hampshire & Hampden Canal Documentation Project
Historic Consultant Services
Consulting Agreement By and Between Pioneer Valley Planning Commission and xxxxxxxxxxxxxxxxxxxxx Historic Consultant Services This Consultant Agreement, effective as of the xth day of July, 2021 by and between the Pioneer Valley Planning Commission, a Regional Planning Commission established under Massachusetts law, with a usual address of 60 Congress Street, 1st Floor, Springfield, Massachusetts 01104 (hereinafter referred to as the "Commission") and XXXXXXXX, with the usual address of xxxxxxxxxxx - xxxxxxxxxxx, xxxxxx, xxxxxxxxxx (hereinafter referred to as the “Consultant"). WITNESSETH THAT: WHEREAS, the Commission is providing assistance to the City of Easthampton, City of Northampton, Town of Russell, Town of Southampton, Town of Southwick and City of Westfield to conduct historic research with regard to the Hampshire and Hampden portion of the New Haven and Northampton Canal System, and
WHEREAS, professional consultant services relating to the implementation of the program are sought, and WHEREAS, the Consultant has submitted the most advantageous proposal for said professional services to the Commission; NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and agreements hereinafter set forth, the parties agree as follows: 1. Engagement as Consultant.
a. The Commission hereby engages the Consultant to provide part-time consulting services
independently and on the Consultant’s own schedule. The Consultant shall perform services based upon work as assigned by the PVPC and outlined in the Scope of Services found in Attachment A.
b. The Commission shall assume responsibility for assisting insofar as possible for the purpose of
efficiency and furnishing the Consultant with project information needed to satisfactorily complete the services.
c. The relationship of the Consultant to the Commission is that of independent contractor only, and nothing herein shall be construed as creating any other relationship. The Consultant may adopt such arrangements as they choose to perform the Services. The Consultant may determine in their sole discretion the hours during which the Services are provided. The Consultant may determine in their sole discretion the place or places where the Services are to be furnished, provided that the details, hours and Services shall be performed in a manner reasonably calculated to attain the most satisfactory results for Commission. The Consultant shall furnish their own supplies, including computer, software, and phone.
d. The Consultant will perform services competently, professionally, and in accordance with
applicable industry and professional standards and will comply with Commission policies and protocols.
e. The Consultant shall maintain general liability insurance, automobile liability coverage, professional liability insurance and such other insurance as required by law, with carriers and amounts as Commission may reasonably require, and will provide proof of such insurance to Commission. At the request of
Commission, Commission shall be a loss payee or an additional insured on such policies.
f. No subcontracts may be awarded by the Consultant the purpose of which are to fulfill in whole or in part the services required of the Consultant, without prior written approval of the Commission. A
subcontract shall not relieve or discharge the Consultant from any obligation, responsibility or liability under the Contract. All subcontracts shall be in writing and shall include by reference compliance with all terms and conditions of this Agreement. 2. Term.
This Agreement shall be in effect beginning xxx day of August, 2021 and ending 30th day of June, 2022 (“Term”) unless otherwise agreed to be the parties in writing or otherwise terminated sooner pursuant to Paragraph 4 of this Agreement. Upon mutual agreement, and subject to funding and performance, this contract may be extended in writing for one, separate one-year period.
3. Work Product Ownership.
a. The Consultant owns any materials, data, content and contacts which they originated before
they began working with the Commission, provided that the Consultant is free to use that information. The Consultant shall not use any information without the express permission of the owner of the information. The Commission owns and has the right to published materials including, without limitation, reports, manuals,
publications, pamphlets, brochures, advertisements, mass mailings, notices and articles prepared under this agreement with the Consultant and any subcontractors of the Consultant, all times during the engagement with Commission and after the engagement has ended. Such work product shall be reported to the Commission
monthly during the engagement and a final report shall be provided by the Consultant to the Commission on the day that the engagement is terminated.
b. All work products produced or otherwise resulting from Services performed by the Consultant shall be deemed “work for hire” within the meaning of applicable copyright laws and shall be the property of Commission. In the event that any such work product is not deemed “work for hire” under any applicable law, the Consultant hereby conveys, assigns and relinquishes to the Commission all such right, title and interest in and to such work product unless written agreement made to by the Consultant and the Commission on a case by case basis.
4. Termination.
a. Termination by Commission Without Cause. This Agreement may be terminated without cause by the Commission for any reason with fifteen (15) days’ prior written notice.
b. Termination by the Commission with Cause. The Commission may terminate this Agreement immediately upon notice if the Consultant demonstrates personal dishonesty, incompetence, willful misconduct,
breach of fiduciary duty, intentional failure to perform stated duties, willful violation of any law, rule, or regulation (other than traffic violations or similar offenses), or material breach of any provision of this Agreement, as reasonably determined by the Commission in good faith.
c. Termination by Consultant. This Agreement may be terminated by the Consultant with fifteen (15) days’ written notice for the following reasons:
i. Failure by the Commission to pay compensation pursuant to Paragraph 5, below.
ii. A reasonable determination by the Consultant that the satisfactory completion of one or more of the agreed upon activities is rendered improbable, unfeasible, impossible or illegal, without fault of the Commission, provided however, that the Consultant shall first have;
1. advised the Commission of the reasons for the determination, and
2. developed and proposed such solutions as appear feasible, and
3. sought to negotiate an amendment of the Agreement with the
Commission and such efforts have not satisfactorily removed the
impediment to completion.
d. Termination by Death or Disability. This Agreement shall terminate upon the death of the Consultant. If the Consultant shall become incapable of fulfilling their obligations hereunder because of injury or physical or mental illness, and such incapacity shall exist or reasonably may be expected, upon competent medical opinion, to exist for more than one month in the aggregate during any period of twelve consecutive months, the Commission may terminate this Agreement, and the parties shall have no further rights and obligations hereunder, except those set forth in Section 4(e) hereof.
e. Upon termination, the Consultant shall immediately deliver to the Commission all keys, personal property, Confidential Information, data, records, work product including contact information and a summary of the status of each account, and a forwarding address. Upon delivery of any Confidential Information to the Commission hereunder, the Consultant shall not retain any physical or electronic copies thereof unless there is a written agreement by the Consultant and the Commission.
f. In the event of termination, the Commission shall pay the Consultant for services rendered
through the date of termination. 5. Compensation.
a. The Commission will pay the Consultant an amount not to exceed $xxxxx and in accordance to the Budget included as Attachment B to this Agreement.
b. The Consultant will bill the Commission for Services provided per this Agreement. Each bill
will be accompanied by a progress report prepared by the Consultant which describes work to date as outlined in the Scope of Work and Budget. The Consultant will be paid, upon receipt of an invoice, within 30 days of receipt of payment. The Consultant shall not be entitled to any other compensation from the Commission for its performance under this Contract. 6. Indemnification.
The Consultant hereby agrees to indemnify and hold Commission including its directors, officers, employees and affiliates harmless from and against any and all claims, liabilities, losses, damages, costs and expenses including without limitations the fees and expenses of counsel, related to and arising from directly or indirectly the Consultant’s provision of Services pursuant to this Agreement and/or the breach of any of Consultant’s representations herein.
7. No Employment Contract, No Benefits.
Nothing contained in this Agreement shall be construed to constitute the Consultant or any owner or
employee of the Consultant as a partner, employee or agent of the Commission, nor shall any party have any authority to bind the other without the written consent of the other, it being intended that each shall remain responsible for its own actions. As a non-employee, the Consultant is not entitled to benefits. The Consultant is
not entitled to health insurance, retirement plan, severance, COBRA, paid holidays, paid vacation, sick leave or any other benefits during or following engagement. 8. Trademarks and Other Intellectual Property Rights.
a. The Consultant acknowledges that the Commission is the owner of all right, title and interest in
and to the trademarks used by the Commission on its products worldwide, the logos, design patents and other
intellectual property associated therewith (“Intellectual Property”) together with any new or revised names or
designs which the Commission may adopt to identify it or any product during the Term hereof, and the
Consultant agrees not to adopt, modify or use any of the Intellectual Property in any manner inconsistent with
the best intent of the Commission and solely to provide the Services as described in this Agreement.
b. The Commission hereby grants to the Consultant a limited license to use the Intellectual
Property provided that it is used solely in connection with the Services.
c. The Consultant agrees not to apply for registration of any trademarks or patents for any mark or product confusingly similar to the Intellectual Property.
d. The Consultant agrees to use only the Intellectual Property in providing the Services and not to
modify the Intellectual Property. 9. Confidential and Proprietary Information.
a. During the term of this Agreement, the Consultant may be given access to certain confidential information consistent with applicable federal and state regulations, including M.G.L. Ch. 66, Section 10 and 201 CMR 17:00, regarding access to public records and the protection of personal information (“Confidential
Information”).
b. The Consultant shall not, without the prior written consent of the Commission, misappropriate, disclose or make available to anyone for use outside the Commission’s organization at any time, either during their assignment or subsequent to termination of their assignment, any such Confidential Information (whether proprietary or not and whether constituting a trade secret or not). These obligations shall survive termination of this Agreement. 10. Injunctive Relief.
The Consultant recognizes that the rights and privileges granted to the Consultant by this Agreement, and the Consultant’s corresponding obligations to the Commission, are of a special, unique character, the loss of which may not be reasonably or adequately compensated for in damages in any action at law. Accordingly, the
Consultant understands and agrees that the Commission shall be entitled to seek equitable relief, including a temporary restraining order and preliminary and permanent injunctive relief, to prevent a breach of this Agreement. This entitlement shall not be construed as limiting the Commission’s remedies at law or in equity.
11. Record Retention.
a. The Consultant shall maintain those books, records, and other documents, including but not limited to payroll records, and accounting records that are sufficient to document that activities carried out were in accordance with this Agreement. Such records shall contain all information pertaining to authorizations, obligations, unobligated balances, assets, liabilities, outlays, and income. The Consultant shall maintain such records for a period of seven (7) years from the date of completion, or if such records become the subject of audit findings, they shall be retained until such findings have been resolved, whichever is later.
b. The Consultant shall make all books, accounts, records, reports, files, and other papers, things or properties that relate to its activities under this Agreement available at all reasonable times for inspection, review and audit by the Commission or its authorized representatives.
12. Consultant’s Representations.
The Consultant represents and warrants to the Commission the following:
a. Services will be performed in a timely and professional manner in accordance with this Agreement. b. Services will be performed consistent with industry best practices.
c. The Consultant has the legal right to enter into this Agreement and does so freely. d. The Consultant will provide materials that are the Consultant’s own original work and are not subject to royalties or third-party copyrights unless the Consultant has secured and retained exclusive rights to
such work and the Commission has expressly agreed to its use. 13. Attorney’s Fees.
If any legal action or any other such proceeding is brought to enforce this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the prevailing party shall be entitled to recover, from the non-prevailing party, reasonable attorneys’ fees, court
costs and other litigation expenses incurred in that legal action or proceeding, in addition to any and all other relief to which the prevailing party would otherwise be entitled to recover.
14. Non-Collusion and/or Fraud.
The Consultant agrees to perform this contract in good faith and without collusion or fraud with other persons and shall not interfere or influence any related contract or program as a result of the services agreed upon hereunder. 15. Conflict of Interest.
The Consultant shall adhere to the mandates of the Massachusetts Conflict of Interest statute M.G.L. Ch. 268A.
16. Non-Discrimination.
The Consultant agrees to comply with all applicable Federal and State statutes, rules and regulations
prohibiting workplace discrimination. 17. Severability.
If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts of this Agreement shall remain in full force and affect.
18. No Conflicting Obligations.
The Consultant represents, warrants and covenants that they have the full right to enter into this Agreement and perform their obligations hereunder; and that they are not currently under, nor will they enter into, any legal obligations with any third party that restrict their activities as a Consultant of the Commission or conflict with their obligations to the Commission hereunder. The Consultant shall not accept work that would reasonably constitute a conflict of interest with any work performed for the Commission. 19. Compliance with Federal Laws and EDA Regulations, Procedures, & Guidelines.
All activities authorized by this Agreement shall be subject to and performed in accordance with the provisions of the Commission’s contract with the United States Department of Commerce, Economic Development Administration for work funded through a Coronavirus Aid, Relief, and Economic Security (CARES) Act Economic Development District and Indian Tribe Supplemental Disaster Recovery and Resiliency Award made under the FY2020 EDA Public Works & Economic Adjustment Program including CARES Act Funding NOFO Addendum, and all of its attachments. Specific reference is given to Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. part 200. 20. Notices.
All notices and other communications hereunder shall be in writing, and shall be deemed to have been given (i) if hand-delivered or if sent by electronic mail (read receipt) or facsimile transmission, upon receipt, or
(ii) one business day after it is sent via a reputable, nationwide overnight courier service, or (iii) if sent by registered or certified mail, upon the sooner of the date upon which its receipt is acknowledged or the expiration of three business days after deposit in U.S. mail, postage prepaid.
21. Assignment.
This Agreement shall not be assigned by the Consultant. This Agreement may be assigned by the Commission. Except as otherwise provided, this Agreement shall be binding upon and inure to the benefit of the parties’ successors and lawful assigns.
22. Counterparts.
For the convenience of the parties and to facilitate its execution, this Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and
the same document. PDF signature pages shall have the same effect as originals. 23. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of Massachusetts. 24. Entire Agreement.
This Agreement contains the entire agreement of the parties hereto with respect to the subject matter hereof and no change or modification shall be valid unless made in writing and signed by all the parties hereto. 25. Attachments. The following documents which serve as Attachments shall be deemed to be an integral part of this Agreement. Attachment A: Scope of Services
Attachment B: Budget
Attachment C: Compliance Certifications
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed under seal as of the
date first written above. Pioneer Valley Planning Commission Insert Consultant Name/Firm
By:__________________________ __________________________ Kimberly H. Robinson Insert Consultant Name Executive Director Insert Consultant Title