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HomeMy WebLinkAbout1963-02-25 74-Q ORDERX174-0-0 Introduced by Cov,cilor Bailey, Feb. 27? CITY OF BANGOR (TITLE.) (DrUrr_. __ A th rizing Ag emenL with Urban Renewal Authority Housing Inspection By the City Coawil of the GSW of Beeper. OEDEEED, THAT the City Manager be and hereby is authorized to enter into an agreement with the Baugor Urban Renewal Authority to provide housing inspection services through the Health Department in connection with the Stillwater Park Project. A copy of the agreement is attached hereto. IN CITY COUNCIL Feb. 25, 1963 The orrf inane requiring the filing of a new order was suspended by the following yes and no votes Councilors voting yes: Bailey, Barry, Brountas, Conti, Delano, blossom, Cross, Higgins, Raolett. This order was then received and PASSm )4-0 ORDER Title, Auth. noraenrent withUrban Renewal ....................... Authori!( NwsiUg Inspection ................. Introduced -apd filed by :.�n HOUSING AND HOME FINANCE AGENCY URBAN RENEWAL ADMINISTRATION CONTRACT FOR PROFESSIONAL OR TECHNICAL SERVICES _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ PART I - AGREEMENT THIS AGREEMENT entered into as of this day of 1963 by and between Bangor Urban Renewal Authority of the City of Bangor, State of Maine, hereinafter referred to as the "Local Public Agency", and City of Bangor, a municipal corporation organized and existing under the laws of the State of Maine, hereinafter referred to as the "Contractor", WITNESSETH THAT: WHEERAS , the Local Public Agency has, under date of October ll, 1962, entered into a Loan and Capital Grant Contract with the United States of America providing for financial aid to the Local Public Agency under Title I of the Housing Act of 1949, as amended by all amendatory Acta, and WHEREAS, pursuant to such Contract the Local Public Agency is undertaking certain activities necessary for the urban renewal project, known as the Stillwater Park Project, Project No. Me. R-4, and situated in the Project Area hereinafter described, and WHEREAS, the Local Public Agency desires to engage the Contractor to render certain technical services and assistance in connection with such undertakings of the Local Public Agency, NOW THEREFORE, the parties hereto do mutually agree as follows: 1. SCOPE OF SERVICES. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following Project Area: Stillwater Park Project, Project No. Me. R-4, See Attachment "A", and shall do, perform, and carry out, in a satisfactory and proper manner, as determined by the Local Public Agency, the following: A. Furnish all plant, labor, equipment and materials necessary for performing the inspection of all properties located within said Project area designated for rehabilita- tion and conservation. Such inspection of each such property shall be made to determine that each such property complies with the "Housing Code" so-called, Chapter % of the Laws and Ordinances of the City of Bangor as amended, and with the following additional requirements: (1) Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of the Housing Code shall be properly connected with both hot and cold water lines. (2) Every dwelling unit shall be provided with central heating facilities. (3) Plaster, paint and all other surface materials shall be easily cleanable, reasonably smooth and tight. (4) The exterior of every structure shall be protected by masonry, permanent siding or paint. The foregoing inspection shall be performed by the Health Department of the City of Bangor under the direction of the Health Officer of said City. Said Health Officer shall furnish the Authority with a list of the violations observed under the Housing Code and said additional requirements above set forth pertaining to each such property inspected, together with a Housing Inspection Report in the form attached hereto as Attachment "B" 2. TR6 OF PERFORMANCE. The services of the Contractor are to commence on the date of execution of this contract, and shall be completed within ten (10) calendar weeks from the date of commence- ment. 3• COMPENSATION. Local Public Agency shall pay Contractor for its services under this contract the following come of money: (a) The sum of Eight hundred dollars ($800.00) for all personal services rendered under this contract; (b) Shall reimburse Contractor for vehicle mileage paid to Contractor's employees do performing the work under this contract at the rate of eight cents per mile; and (c) Shall reimburse Contractor for any other disbursements directly related to the performance of this obligation under this contract, including postage and office supplies. The total compensation for all work, mileage and reimbursement to Contractor under the p�r�yovisions of this contract shall not exceed the sum of One thousand 16Y lhundred dollars ($100.00). 4. CONCURRENCE OF HOUSING AND HOME FINANCE AGENCY. This entire agreement is nada by Local Public Agency subject to the ecnourrence and approval of the Urban Renewal Administration, Housing and Home Finance Agency of the United States of America. In the event that said Housing and Home Finance Agency fails to approve or concur In all or any of the provisions of this agreement, said Local Public Agency may at its option forthwith terminate this agreement without further liability on its part to be performed. Local Public Agency may, however, at its option renegotiate all or any portion of the provisions of this agreement in conformity with the requirements of said Housing and Home Finance Agency with Contractor, subject to Contractor's agreement to such renegotiations. 5• TERMS AND CONDITIONS. This agreement is subject to and incorporates the provisions attached hereto in PART II, URMS AND CONDITIONS (Form H621B (7-57))• IN WITNESS WHEREOF, the Local Public Agency and the Contractor have executed this agreement as of the date first above written. ATTEST: BANGOR URBAN RENEWAL AUTHORITY ATTEST: CITY OF BANGOR Housing and Home Finance Agency H -621B BRBAN RBHBNAL ABNINIBTHATIOR (7..57) CONNtACT FOR PROMSTONAL OR TSCW CAL 88RP = PART II� AM CWNITIOBH 1. Terffination of Contract for Came. If, tbmnge say can", the Contractor shall fan bluely proper sector Me obligations easier this Contmct, or If the Contractor $Fall violate any of the covenants, agmamnts, r etimlations of this Contract, the local Public Agency Shall thereupon have the right to ternarate this Contract by giving written notice to the Contractor of scab teminatlon and specifying the effective date thereof, at least five days before the effective date of such LemdmMan. In such event, all ffaiabad or anfAffiahed documents, data, studies, and reporta pmmmd by the Contractor under the$ Contract shell, at the option of the local Public Agency, become its property aad the Contractor shall be entitled to swim Just and equitable compensatian for arty satisfactory work completed an stole docueents. Notwithstanding the above, the Contractor shall not be relieved of liability to the local Public Agency for damages austMnad by the Incal Public Agency by virtm of any breech of the Contract by the Contractor, and the Loral Public Agency say withMM any paywnts to the Contractor for the purpose of setoff until such time as the pact secant of damages due the meal Public Agency from the Contractor is date v ned. 2. Termination for Convenience of local Pu61tc Agency. The Local Public Agency wy .e aContractaup'E�by a oiieeTin writing from the local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided hemin, the Contractor will be paid an account which beam the ease ratio to the total caepeneation as the services actually performed bear to the total services of the Contractor covered by this Contract, lees p cents of cowensation previously made, Provided, however, that if less tban sixty per cent of the services covered by t1rs=m met have been Perfowd upon the effective date of each tenatuatien, the Contractor shall be mimbmaed (in addition to the above payeent) for that portion of the actual out-ofJpoeket expenses (not otherwise reimbursed under tMeContract) incurred by the Contractor during the Contract period which am directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract is terminated due to the fault of the Contractor, Rection 1 hereof relation to teraination shell apply. 3. Clang The local Public Agency may, from tiro to time, request changes Sn f.Fe scope of the services of the Contractor to be perfonred bereaWer. Such obangea, including any inarease or decrease in the amount oI the Contractorr'a coepensatian, which are mutually agmed upon by and between the Local Public Agency and the Contractor, shall be incorporated in written amerdwnta to this Contract. -2- 4. Personnel. a. The contractor representa that M Me, or will secure at his own expense, all wreonnel required in perfo"ing the services coder tag Contract. Such personnel shall not be employees of or have an9 contractual relationship with the Local Public Agency. b. All the services required hereunder will M performed by the Contractor or under Me supervision aril all personnel engaged in the work shall be fully qualifisi mN shall be autborised or pemaittei under Sate mud local Lw to perform such services. e. No person who is nor" sentence in a panel or correctional Matitutim Shell M employed w work under thio Contract. 6. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engfinere, an .ems? -Tc mil performing nark muter thin Contract shall M paid mcoMitiewliy aM not Use often Llan once a month without deiwtion or "bate on any account =apt only each payroll deductions as are mandatory by Use or M thett^Ant�1-Kickbthe aclicable k Acts of Juns13,n193�N by 948; 622sstat of ha740;� 6 r� t 108; title 18 U.S.C., section 874; good title 40 U.S.C., section 276c). TM Contractor enol. comply with all applicable aArki-rtickback^ regulations aM shall insert appropriate provisions in all aubcontrnta covering work under this Contract M insert compliance by seMontrmcte" with such regulations, goal shell M responsible for the anbura ion of affidavits required of euMontractors there- unier except an the Secretary of Labor may specifically provide for variation of or exemptions from the reguirewnts thereof. 6. MthM]d1r�g oP Salaries. If, in the perforemnce of this Contract, there is env rNy M o se ee the Contractor or by any subcontractor thare- unier, the Local Public Agency shall withhold from the Contractor out of payments dw to Mm an aeeunt sufnoinnt to pay to employees underpaid the differences between the salaries required Mosby to M paid arch the salaries actually paid each employees for the total neater of hours worked. The amounts withlwn shall M disbursed by the Local Public Agency for and on account of the Contractor or aubcontractor to the respective amployeea to whom they a" due. 7. C]aims an ➢hepates Pertaining to Salary Rates. Claims and disputes Pg t 'ung ea ry sea a or o c e ca oven arc dteete, draftawn, technical engineers, mud technicians performing work muter this Contract shall M promptly reported in writing by the Contractor M the local Public Agency for the latter' a decision sddch shall M final with respect thereto. S. NorcllecrimlwEinn. The" shall M no dixrimtaatinn against any employee w==eTy33n the work covered by this Contract, or against axp applicant for awn employment, because of race, religion color, o natio"1 origin. Me provision Ball include., hot not M Slotted to, the followMgu employment, upgrading, demotion, or trwsferl "crultmunE or recruitwnt advertising; layoff or terffiwtiw; rates of pay or other forme of compenastion; arwl selection for training, including apprenticeship. In can of aro auMnn- tncting of the eurk covered by this Contract, the Cwtvactor shall invert the preceding two sentences in its ag"ewnto with each m1contrectors. The local Public Agency, if required by the terms of its Contract with the Federal go""rent hereinbefore wntioned, shall furnish the Contractor with non- dieaimiwti000 poste", which Lha Contractor shell display in conepiovew plaoea readily gees by empleyaes and applicants for employmeoi. 3- 9. Discrimination Because of Certain labor Mattors. No person employed on the work covers a o me a ac rge or Yn any w tliecnnmted sgatnst because he Me filed Any omeplaint or instituted or caused to be Instituted eery proceeding or has testified or Is about to testify in np proceeding under or relating to the labor standards applicable hereunder to his employer. lo. Compliance with local Laws. The Contractor shall comply with all eppltcabla , o netts , o netts r, ae, rr a of the State and local goven®entee aha shall unman no trespass on any public or private property in performing mrp of the work embraced by this Contract. n. Subcontracting. None of the services covered by this Contract atoll be Sohn me the prior written consent of the local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the acts and omissions of Me subcontractors, aha of persons either directly or indirectly employed by them, as he is for the note and cmiesions of persons aractly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor steeWarde provislme of thin Contract. 12. Ana�i�%b_i11tt . The Contractor stall not assign any intereat in this Contract, a nuf transfer any interest in the cam (whether by assignment or oration) without the prior mitten approval of the local Public Agencyt Provided, however, that claims for money can or to become due the Contractor 3r m 19 local Public Agency under this Contract my to assigned to a bank, trust company, or other financial institution, or to a Trustee in AmkmWny, without such approval. Notion of any such assignment or tmmfer stall be furnished prwgitly to the Local Public Agency. 13. Interest of Members of pascal Public Agerny. No member of the governing body of theTnteiTL c gamGIili y,�no o ei�i��r, esmloyee, or agent of the Intel Public Agency who exeralms W functions or responsibilities in connection with the carrying out of the Project to which this Contract pertains, shall have Any personal interest, direct or inliract, in this Contract. 1h. interest of other local Public Officials. No comber of the governing bogy oP thelocauty in mbichec ma a situated, and no other public official of such locality, who amroises any functions or responsibilities in the review or approval of the carrying out of the Project to wnich this Contract pertsine, shall hiva arp personal interest, direct or irdirect, in this Contract. 15. Interest of Certain Federal Officials. No member of or Delegate to the Cmgrees o f 7FTM rfe rMTea, no MT&at Coimd asion0r, eta11 be admitted to Any share or part of this Contract or to any benefit to arlre harefrom. 16. Interest of Contractor. The Contractor covenants that he presently has no intens a— n a—i3Tul�noacqui re any interest, direct or iMSrect, in the above-0escnbed Project Area or acv mraels therein or acv other interest wbicb would conflict in any mmar or degree with the performance of his, services hereunder. The Contractor further covenants that in the performance of this Contract no peram having any such interest shall be employed. 17. nnnF ge Con dmtial. All of the reports, information, data, etc., praparei o emnea u1' von umtractor under this Contract are confidential end the Contractor agrees that they shall not be made available to Any irvilvidual or organization elth ut the prior written approval of the local Public Agency. AttacFment W- (Revised) Description of the Stillwater Park Renewal Area Beginning at the northeasterly corner of the tract herein described said corner being the northeast corner of the property now or formerly of Marshal D. and Geraldine L. Grebes; thence proceeding in a southerly direction of 1,771 feet, more or less, along the rear property linea of properties fronting on the set aide of Dartmouth Street to the northerly aide of !fount Hope Avenue (said properties including the following, listed from north to math: Marshall 0. antl Geraldine L. Graham, Patrick J. Byrnes, Elizabeth M. Oakes, Sherman C. Oakes, Elizabeth M. Cakes, Earl E. and Clara V. Brill, Richard L. and Shirley A. Jellison, Elizabeth M. Mdshio, Neuman L. Steward, Lester D. Iran, Thomas Vanidestine, Edward J. Vanidestim, George V. and Marion E. Matto, Halter B. Wilshire, Louis P. And Eleanor Wheelden): Thence, turning an angle and running in aaoutheasta ly direction across r Mount Hope Avenue, a distance of EG feat, mo orless, at right angles to said Mount Hope Avenue to the southerly side of Mount Hope Avenue; Thence, turning an angle and running in a westerly direction along the southerly side of Mount Hops Avenue, a distance of 2,583 feet, mere or less, to a point 150 feet east of the easterly aide of Maple Street; Thence, turning an angle and running in a northwesterly direction, a distance of SO feet, nore or lees, at right angles to Mount Hope Avenue to the northerly aide of said Mount Hope Avenue to a point of cold northerly side Of Mount Hope Avenue 136 feet, mora or less, Prom the westerly aide of Birch Street: Thence, turning an Angle and running in a northerly direction of 131 feet, moror less, along the westerly property line of the property now or foreserly, of Alice and Pauline A. Cohen; Thence, continuing in a northerly direction of 180 Peet, wre or less, along the rear property lines of properties fronting on the westerly aide of Birch Street (said properties nos or formerly belonging to Harold E. antl Coolie D. Rittal, William H. Cooper, George P. and Halon C. Chimeric); Thence, turning an angle anal naming in a westerly direction 50 feet, onre or less, along the southerly property lira of property now or formerly of Hilda 0, and William C. Cimbollek; Thence, turning an angle and running in a northerly direction along the westerly property line of property now or formerly of said Cimbollek; Thence, turning an angle and running inan easterly direction 50 feet, area or lase, along the northerly property line of property now or formerly of said Cimbollek; Thence, turning an angle and running in a northerly direction of 1,442 feet, rare or lees, along the rear property lines of properties fronting on the west side of Birch Street said properties including from south to north the following; John B. Thomea, Prent J. Soucy, Jr., George A. Bxwin, Clyde E. and Elaine M. Folksy, Fenton A.P6ilbrick, Bainbridge L. Beker, City of Bangor, Maude I. Doughty, Heirs, Grover Hall, Gerald A. and Virginia P. Simpson, Wealey C. Seavey; Thorne, turning an angle and running in a northwesterly direction 106 feet, more or less, along the southwesterly property line of property now or formerly of the heirs of Maude I. Doughty, to the easterly tide cI Stillwater Avenue; Thence, proceeding across Stillwater Avenue at right angles to said Avenue a distance of SO feet, more or less, to the northwesterly side of Still- water Avenue; Thence, turning an angle and running in northeasterly direction 1,196 feet, more or less, along said northwesterly side of Stillwater Avenue to a point opposite a point 40 feet on the southeasterly side of Stillwater Avenue from the easterly aide of Fern Street; Thence, turning an angle and running at right angles across Stillwater Avenue a distance of W feet, more or less, As a point 240 feet northeast of the easterly aide of Fern Street; Thence, continuing in a southeasterly direction A40 feet, more or lees, across property now or formerly of Francis Simpson to a point 520 feet, more or less, from the northwesterly side of Stillwater Avenue; Thence, turning an angle and running in an easterly direction 120 feet, more or less, across land now or formerly of said Simpson to a point on the easterly property line of said Simpson to the westerly line of Green Street to a point 140 feet south of the northern most point of Green Street; Thence, turning an angle end running in a northerly direction 140 feet, rr leas, along the westexly ads of Green Street to the northernmost end of Green Street; Thence, turning an angle and running in an easterly direction 365 feet, more or lees, along the northernseost end of Green Street properties nw or formerly of Josepb A. and Helen C. Young, Percy Sabine, the northern most and of Boylston Street and property now or formerly of States L. Jenkins to a point bang the northeasterly corner of property new or formerly of said Jenkins; Thence, turning an angle and running in a southerly direction US feet, mom or lees, along the easterly property line of said Jenkins; Thanee, turning an angle and running in an easterly direction 985 feet, wror less, along the northerly property line of land now or formerly of Peter Janes ➢'Loughlin, Seymour A. Dobson, Clarence C. Dobson, northerly and of Harvard Street, property now or formerly of Harold A. and Shirley M. White, Clarence C. Dobson, the northernmost and of Yale Street, northerly property line of property now or formerly of Steven S. Veymouth and Pearl CumSngbam to the moat northerly and of Dartmouth Street and the property line of peoperty ,cow, or formerly of Marshal D. Graben to the point of beginning. HOUSING INSPECTION REPORT -BANGOR URBAN RENEWAL AUTHORITY Dale: Mixed ums Yee ❑ NO ❑ 'Type: Nesitlen4l NehY Uuainesa Ntlnatnal DfY�er Occupant: Ts C Oxmer—Occupeut ❑ Yes ❑ NO T& Owner: Addnm Tel. Agent: Address: Tel. No. of D. Wa: Basement D. U.'s: Vacant D. U.'s: COMMENTS lawqr Pjj