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HomeMy WebLinkAbout1960-02-24 94-M ORDERIntroduced by Ccunyiy. palasso 9e_y CITY OF BANGOR (TITLE.) (IDxliRrr....... AutboriwingAgreernent with the Urban Renewed. Authority. _.... By tM City Council oftle City of Barger. ORDRR0, TMT the City Manager be and hereby is authorized to enter into an agreement with the Bator Urban Renewal Authority for accounting A copy of the agreement is on file with the City Clerk. *IN CITY CWNCIL February 24, 1960 The Ordinance requiring the filing of a new Order was suspended by the following yes and no votes Councilors vatig yeas Barry, Blaisdell, Brawn, Delano, Groes, Biggins, Keith, Whittaker. Councilor Bailey absent. PASSED g4 -M ORDER Utle, Authoriging. Agreement_ with. the ...... .ADhan..Renewal Authority_..--__.__........ Intaadvced ana/n('dM by .......L.� r-.._K�----....... Consomme CONTRACT FOR PROFESSIONAL SERVICES By and Between BAN()R URBAN RENEWAL AUTHORITY and THE CITY OF BANGOR AGREEMENT THIS AGREEMENT, entered Into as of this 23 day of by and between the Bangor Urban Renewal Authority of the City of Banger, State of Maine, hereinafter referred fo as the Local Public Agency*, and the City of Bangor la municipality organized and existing under the laws of the State of Maine) hereinafter referred to as the "Contractors* WITNESSETH THAT: WHEREAS. the Local Public Agency has, under date of /$ Jr, "-,.y, 196co entered Into a IConfract for Advance) with the United States of America providing for financial aid to the Local Public Agency under Title 1 of the Housing Act of 19490 las amended prior to the Housing Act of 19541 too amended by all amendatory Acts Including the Housing Act of 19541; and WHEREAS, pursuant to such Contract the Local Public Agency Is under- taking certain activities necessary for the planning or execution of a Project, situated In the Project Area described below; and WHEREAS, the Local Public Agency desires to engage the Contractor to render certain technical advice and assistance In connection with such undertakings of the Local Public Agency. NOW THEREFORE, the part les hereto do mutually agree as follows: I*Scope of Services. The Contractor shall perform all the necessary services Pris Contract In connection with and respecting the following Project Area: Stillwater Park Project. Me R-4, ISea attachment A) and shall do, perform. and carry out, In a satisfactory and proper manner, as determined by the Local Public Agency, the following: W All accounting services In connection with the project, which shall include, but not necessarily be limited to, the followings Ili Maintain such accounting books and records as the Ge nerat Ledger, Cash Receipts and Cash Disbursements Registers, Cost Analysis Record and journal Vouchers and dalall ducemeats In support thereof, as more fully described In Pert 5 of the Local Public Agency Manual, entitled ^Accounting Requirements". Ib) Prepare all reports of a financial nature required quarterly or as requested. 2. Time of Performance. The services of the Contractor are to commence n the da e o xil—'ai T oTfhis confraef, after approval by the Housing and Home Finance Agency, and shall be undertaken and completed in such sequence as to assure their expeditious completion In the light of the purposes of this Contract, but In any event all of the services required hereunder shall be completed upon completion of the Survey and Planning Stage. 3. Compensation. The Local Public Agency shall pay the Contractor the sum of $5U.—TTTTTy dol tarsi per month for a period not exceeding 16 months which shall constitute full and complete compensation for the services listed, Ledgers will be furnished by the Local Public Agency. a. Me thod�thof Pay" of, The Contractor shall be paid monthly: subject to rase ipl by e Local Pohl It Agency of a requisition for payment from the Contractor specifying that he hes performed the work under this Contract in conformance with the Contract and that he Is entitled to receive the amount requisitioned under the terms of the Contract. It Is expressly understood and agreed that In no event will the total compensation and reimbursements If says to be paid hereunder exceed the maximum sum of $800.00 leight hundred dollars) for all the services required. S. Terms and Condlflonss This agreement is subject to and Incorporates the provis Ions OrFac �e—T{o as Part 11 --Terms and Conditions Iform M-62188 dated 7-571. IN WITNESS 4k1ERECf. the total Public Agency and the Contractor have executed this agreement as of the date first above written. OANX31 .URBAN RENEWAL AUI"ITY Local Public Agency By Attest: t�Lt✓Lc7��7 hof l ,^ 60UPCTOr�� � f - Housing and Home nname Agency H -621B DA&N HEHF.'1PAL AD1ArNI3lM m (7-57) CORT M,FOR MMMMAL OR TWMiICAL NeRTM PART If acww'a AND COOTTfONN 1. Termination of Contract for Cams. If, through any cause, the Contractor shall fel me proper cancer Me obligations under this Contract, or if the Contractor still violate amp of the eooenuutes agreements, or stipulations of this Contract, the Local Public Agency shell thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. Io such event, all finished or wflaiahei documents, data, studies, and reports procured by the Contractor under thin Contract shall, at the option of the local Public Agency, become its property and the Contractor shell be entitled to minim ,suet and equitable compeneation for any mtisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damgea sustained by the local Public Agency by virtue of aro breach of the Contract by the Contractor, ed the Local Public Agency cay withhold any payments to the Contractor for the purpose of setoff until such time as the oast amount of damages due the local Public Agency from the Contractor is determined. 2. Termination for Convenience of Local Public Agency. The local Public Agency may terminate this contract &of me a m Ce n writing from the local Public Agency to the Contractor. If the Contract is tencimted by the local Public Agency as provided herein, the Contractor will be old an amount wlieb hears the same ratio to the total compensation as the services actually performed hear to the total services of the Contractor covered by this Contract, lose payments of compensation previously madem Provided, however, that if leas than admty per sent of the services covered by tRa 7m7ract have been perforead port the effective date of such termination, the Contractor shell be reimbursed (in addition to the above payment) for that portion of the actual cat<fJ kat a ses (not otherwise reimbursed under tree Contract) 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 dos to the fault of the Contractor, Section 1 hereof relative to termination shall apply. 3. Chengee. The Local Public Agency may, from time to tim, request chooses 1n acope of the services of the Contractor to be nerfoned hereunder. Such changes, including any increase Or decrease in the amount of the Contractorue compenxEton, which are mutually agreed upon by and between the Local Public Agency cal the Contractor, shall be Smorporeted in written amendments to this Contract. -2- 4. Personnel. a. The Contractor re sence that he has, or will ascure at Ms own expense, all personnel required in performing the services paler tMs Contract. Such personnel atoll not be employees of or Mve any contractual relationship with the local Public Agency. b. All the services required hereunder will be performed by the Contractor or under Ms supervision and all personnel engaged in the work sball be fully qualified and shall be authorized or permitted under State and local law to perform each servieee. c. No person who is serving sentence in a penal or correctional institution shall be employed on work under tide Contract. 5. Anti -Kickback Rules. Salaries of architects, draftsmen, technical engineers, arc c ana�Mrforndnq work pMer this Contract stall be paid ,ncorWitianally and not lose often then once a ante wltbout dednetion or rebate an are account except only such payroll deductions ae are mandatory by law or permitted by the applicable regulations Seemed by the Secretary of labor panuant to the oMti-Kickback Acte of June 131 1934 (48 Stat. 949: 62 Stat. 740; 63 Shat. 108; title 18 R.S.C., motion 8741 and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti-KickMcke regulations Aral aball insert appropriate piavisims in all subcontracts covering work order Me Contract to insure conpltance by suWoM.raetoro with such regulations, cul shall be responsible for the submiemion of affidavits required of eubcontraotom there- under except as the Secretary of labor nay arecifically provide for variations of or exemptions from the requirements thereof. 6.Rltbholding of Salaries. If, in the performance of this Contract, there is dry a rlesby the Contractor or by Any subcontractor tMre- under, the Local Public Agony shall wltMbold from the contractor out of payments don to him an amount sufficient to pay to employees underpaid the difference between the calories required hereby to be paid aha the salaries actually paid such employees for the total number of t urs worked. Thee amounts wltMeld stall be disbursed by the local Public Agency for Aral on account of the Contractor or subcontractor W the respective employees to whom they are due. 7. Claims aha Die tea Pertaiming to, Sala Rates. Claims affi disputes pertaining a n e oe e e ea ore o am tests, aR£temen, technical engineers, aha tectuuciane performing work under this Contract shall be promptly reported In writing by the Contractor to the local Public Agency for the latter,a decision mMch stall W final wite respect tMrato. 8. Nmalie<rimivation. Thera shall be no discrimination agelnet any employceTi empTy�'in the work covered by tMe Comms%, or against any applicant for suab smplcymant, because of race, religion, color, or national origin. Inds provision shell include, Wt apt no limited to, the follouingr employment, upgrnding, demotion, or transfer] recreitment or recruitment advertising; layoff or termination, rates of pay or other fore of eompensatloni And selection for training, including appimtlreehip. In case of Ary eubcon- tracting of the murk covered by this Cantroot, the Cantractoi elmll insert the preceding two sentences An its agreements with even eullContreetere. Tta Vocal Fublic Agency, if required by the terma of its Contract with the Federal g emment hereinbefore mentioned, shall furnish the Contractor hath non- discrimination poatare, a oh the Contractor aball display in covpiouwe Pleoew readily Beer by employeea she applicents for employment. -3- 9. Discriesination Because of Certain Labor Hatters. No person employed on the work c0serad. bY thin Contract s1call be diae"alor in any way disorimlnatad against because he Me filed any emspLint or instituGd or caused to be instituted any proceeding or Me testified or Is about to testify in any proceeding order or relating to the labor standaris applicable hereprrler to hie employer. W. Compliance hath Local Mwe. The Contractor shall ca eply with all applicable—Tawe, o nmeee, r c es of the crate arse local gone nte, and shall eemit no trespass on aqy public or private property in performing uy a the work embraced by tea Contract. U. Subcontracting. None of the services covered by Me Contract atoll be enbcontne a auE the prior written consent of the total Public Agency. The Contractor shall M as fully responsible to EM Local Public Agency for tha acts aha scissions of Ms subcontractors, aha of persons either directly or SMirectly employed by them, as M is for the acts and oMsalons Of persona directly employed by Mm. TM Contractor atoll insert in each enMontmot aWmprdate provisions requiring compliance with the labor standarls pmaisions of tMe Contract. 12. AeelgruMlittyy. The Contractor shell not assign any interest in this Contract, eino transfer any interest in the ams (nMthar by asalgnmat or novation) without the prior w.3tten approval of the Intal Public Agenayr Provided, however, that claims for moray due or to becom dm the Contractor )'F=--Tlg local Public Agency under tMe Contract may be assigned to a bndr, trust company, or other financial institution, or to a Trustee in 8ankruptvy, without such approval. Notice of any, anoh assignment Or transfer eMll be furnJaW promptly to the Loeal Public Agency. 13. Interest of Members of local Public Agency. No member of the governing body of thelocal cAgency, r te o r, employee, or agent of the teal Public Agency whoeumises any, functions or responsibilities In eonnwtion with the carrying out of the Project to wtdch thea Contract pertlm, shall have any wraonal interest, direct or indirect, In this Contract. 14. Taterest a Other local Public Offiaials. No sweater of the ger erning body of the locality im wbich thea res a situated, she no other Wblic official of Much locality, who examisas any, Inactions or responsibilities in the reelaw or approval of the carrying out of the Project to which this Contract pertafne, shall have aro Wracmal interest, direct or indirect, in tliv Contract. 15. Interest of Certain Federal Officials. No comber of or Delegate to the Congress Of e, and no ant Commissioner, atoll be adcdttad to any entre or part of this Contract or to any benerit to arim harefro.. M. Interest of Contractor. TM Contractor covenants that he preemtly Me nointeree ai r�T squire any interest, direct or Indirect, in tb above-0eecrihed Project Area or any console themin or ary other interest wash world conflict in any manner or degres with the oerfcrmenoe of nae werrLosm hereunder. TM Contractor further covenants that in the perforeance of tae Contract M person having any such interest shall be employed. 17. nndinga Confidential. All of the reports, inforation, dnaG, oto., Premred or meamoinn cy cm uontrmtor under tae Contract are confidential and Ilse Contractor agrees that they shall not be made available to ary individual or orgWnation without the prior written approval of the Local Public Agency. Attachment A Description of the Stillwater Park Renewal Area Beginning of the point where the north street line of Mf. Hope Avenue info r sec is the sea fern boundary line of lots facing on the east side of Dartmouth Street, said point also be Ing 96 feet more r less astwardly along the said northern street line of Mt. Hope Avenue from the eastern sires Il ne of Dartmouth Street. Thence, southward ly along the prolongaf ion of the said eastern boundary line of lots facing on the east side of Dartmouth Street for a distance of BI feet more or less or to the southern street Iine of Mt. Hope Avenue. Thence, westwardly along the said southern street line of Mt. Hope Avenue, 2,580 feet more or less or to the Infeseecflon of the soufhwardly prolongation of the western boundary Iine of lots facing on the west side of Birch Street and the south street Iine of Mf. Hope Avenue. Thence, norfhwardly along the said prolongation of the western boundary of lots facing on the west side of Birch Street and further or f hwardIy along the sl ad western boundary line of lots facing on the est side of Birch Street for a distance of 2,080 feet m or less or to a point, said point be Ing the southwest corner of a lot • Thence, at right angles to the afore men f toned we s is rn boundary line of the lots facing on the west side of Birch Street and In a westerly direction for a distance of 110 feet more or less or to the nor thwesfern street Il ne of St l llwater Avenue. Thence, nor the as fward l v along the said northwestern street Iine of St l llwater Avenue for a dIsfence of 945 feet more or less to a poi Of said point be Ing the intersection of the northwest street Iine of Stillwater Avenue and the pro l onga f i on northwes fwsrd l y of the northeast boundary Iine of the lot sl lusted on the southeast corner of Stillwater Avenue and Fern Street; said boundary Iine also be Ing the northeast boundary of Stillwater Park. Thence, southeaswardly by and along the aforesaid prolongation of the northeast boundary Iine of the lot sl tooted on the southeast corner of Sit llwater Avenue and Fern Street, and further by and along the aforesaid boundary of aforesaid corner lot and further in a straight Iine for a distance of about 700 feet to the center Il ne of Green Street. ` Thence, northerly for a distance of 240 feet to a point, said point being on the prolongation of the northern boundary Iine of the Iasi lot on the east side of Green Street of the northern terminus.' Thencw,easfwardiy along the sold northern boundary fine and further along the northern boundary line of the last lots on the north end of Boylston Street for a distance of about 370 feet or to a point. Thence, southwardly along the eas fern boundary Ilne of the last lot on the east side of the norfl; end of Boylston Street for a distance of about 110 feet or to a point. Thence, easfwerdly along a straight line, said straight line being the northern boundary of the last lots of the northern terminus of Harvard, Yale and Dartmouth Streets far a distance of aboof 990 feet or to the eastern boundary line of lots facing on the east side of Dartmouth Street. Thence,southwardly along the ,aid eastern boundary line of lois facing on the east side of Dartmouth Street for a distance of 1,780 feet more o. "ess OF to the place of beginning,