HomeMy WebLinkAbout1963-09-23 225-Q ORDER22 Q
Introduced by Councilor 6rountas, Sept. 23, 1963
LI CITY OF BANGOR
(TITLE) (ffiTi1BrtA,yth =.=mg City _M ger to end Im aAreeme t x Public
Works Planning Preparation with the Housing and Home Finance Agency
By the City Coysoif of t My of Bangor:
ORDERED,
TMT the City Manager be and is hereby authorized to enter into
agreements with the Housing and Home Finance Agency a the U.S. Government
for the preparation of two public works projects known as P -Me -3059 (Interceptor
Sewer and Treatment Plant) and P -Me -3060 (Waste and Refuse Incinerator).
Copies of these agreements are on file in the City Clerk's Office.
2Z -a
RECEIVED
1963 W12, IM 4:29 on Dea
CITY CLERK'S OFFICE Taue,
*Y OG pCNGCR KEINE Agreements for Public Works planning
IK CITY COUNCIL J? ppp. n Hons?nA B. Homy. Finance, AgaACY
Sept. 23, 1963
PASSED 'Intruddc d aro filed by
'tl
C CLERK •"p"T'" ..... u'�'
Councilmen
HOUSING AND HOME FINAK E AGENCY
COMMUNITY FACILITIES ADMINISTRATION
AGREEMENT FOR PUBLIC WORKS PLAN PREPARATION
Pmiece No KISSem"
ORMvat w. 9•(E02)4l83
TO: 1188 w a�1 N
a... .... ....f A.mmeau
�tg, LIM�Raa YMRR. iYK _
(mm.e..taFFm,.f
PUAsuent to the pmaisione of Public Law 560, 83M Congv es• as um ended, end yow upplic,tion, na modified
vW supplemented, and subject m theTetme end Cooditiona, dnRd emehed hmem
and made a pert Deem(, the UNITED STATES OF AMERICA, vaing by wd U,gh t e sing and Nome Finance
Administtaoq hemby offm to make you en advance of not to exceed D M6 maid ynuin fimwcing
the cos of plan psepuubq m consist of &&/boom l ,..ira.YJ PUMA"
bt the pmp... d mnpmceioo of IWANNOW Myv atl Rafltant P1dt
By the occegantt of this off", you agee ve submit the abovcdescrithed plan Imputation within M
day, fium the dna of yon, aaepnna hemof And ..... wot thm you will unity the advance when required Go do so
undo- the pmaiaions of sold Law and Teuma end CoMitions.
This offeu net be accepad, if a all, within windy (EO) days from the due Imesof.
Thi, hw day of BatilbMP , 19 Al.
UNITED STATES OF AMERIICn.Aa'nu[`.
ma Rose s i�M�Sr
•31gnedl Rleda[dean S. ThomPecn
Tide 8�81tMK1 DI[attos a
Caiiiiammicy PetrittUSIN
(c) If the applicant ANI fall m submit a, cause to be aWmiaed to the Gnvemmem any Imp", data, plana,
dm juga, specific t a, approval., oebea doe a permuting ro the plan
prep, non conamplued by the Ayeemere, chat may be requested by the (i,, mment,
(d) If uny official If the 1pyli'mi,shall termite directly or indirectly idercned personally in any wuuaa or
subcompact m "Interior, with the afweeaid plan pmToratmn.
If the Government terminate, its nhliguiona the applicnt will be liable for immediate refund of any fund,
advance by the Garcia ... t.
10. In the event the upplicam has employed or ,hall employ any person, fim,or reapportion, excepting bane
fid, employees and pemwan, firms, o, ro pedion, employed mode( a bona fide cmdc,tt to rendmpmfe,mond or
technical services only, v, article of seam, the advance cwemd by he Alm, .... t to which thea. Terms and
Conditions telae any othm cnmwnt.iAt ander verb Airstream, upon an agreement and enmining for a
cnmmdmmm, pememam, bmtrtage, a contingent fee, the Government A41 haw, the right to annul cud Agreement
without tholiability or io its dimmum In deduct from the advance .thervi,e payable anderthe Ayeement the full
summer If'ucb "mmia,im, percentage, bmkermm. or contingent fee.
11. The advance andl be repaid promptly Won eM ,tart of ,mmumvion of the public woh mmmudd,d in the
phrasing report. Cmsuuctioo And be considered as undertaken oe mmm,d when the firm consrtuaion contract is
awarded oe the applicant begin with it vn forces. If temstrunim,
of only , port of she planned
uo
we& is deankev repaymentm uhed of such N immiamte ene mnuof thea advance related to she woh the
Administrator determines m be equitable.
12. In A. event the nppticme ahml far any carton, fail ro repay promptly the advance in full in m cmdmee
with it, ddigwion anderthin Agreement, bather =,h obligation shall vise by operation of law or under the stud
Agreement, ,ucb mpud mm shell bear interest a the rate of but per cmem par "num form the dump of the C v
emm •s demand to the of icme far the eapnymene to the date of payment thereof by the applicant.
15. The Govemmmc shell our be rpiigatti o, liable undo, the Ayeement to may party other than the applicant.
14. No member of or delegate in the Conyers of the Unined States of America orresident "mmiasim er shill
be Mmiaed m soy share or part of rbc Gnvemmmt s advance It in any benefit ",sing therefrom.
15. The applicant may term e, she 4m any due prior in the Gone x paymm of any pool of
rhe simmer by scrota robes m she Cornerstonef such combustion. In much event, Cnvemmmt will be relieved
of WI les Alignments under rhe Agacmme. If the "Head terminates be Agreement what, receiving any portio, of
the Wvmce, ie abull pmmptly refund to she Containment the portion of the advance that has been paid by the f ,-
wmmt .,legs the abmmnmms is m,"cred in by the Guvemmmn
ACCEPTANCE
The foagoing offee is be eby acceptedtbis day of 19_.
OAi r ufea
2.N C..v..w, x.,...1 dvviLL'.•p
CERTIFICATE
1, the maleashred, HEREBY CERTIFY that I em Theofficial cuuMian of the MMAS and paoceedings of the
governing body of the above identified Applicam; ud that much records and pmceedings shorn than, payment m
pmceedinga of said gweming body had eMedopted on As, day of
19_, The foregoing oHa of the United States of America has been unqualifiedly and duly, accepted by said
Applicant.
This day of , 19_.
Ow )
PROGRAM OF ADVANCES FOR PUBLIC WORKS PL RFGNG
TERMS ANDCONDITIORS
SEP 4 1963
1. The applicant shelf annual the advmce, m my poen thereof, to defray the man of my part a the plan
Preparation which, prior to vh, date bore by the offer m which thea Terms and Cpndfrim, Printed, be, been per
formed a, has been inclWed in amy centrad in which the strikers, Iona ",am to homes ouch plan preparation
with my specific Iwda other than chose to be supplied by the Gowemmem.
3. The plan Mummies m be, Mid far with the advance shall be limited to the project for which the advmce
is made, mrd the applicant,bell cam, the plan preparation to be such as will permit a the murmtim of the
Coal mmemplarM thereby a a mat ehich is within its ability to finance aad which bema a mwn,lAt mission
P, the Csoman¢ of mm thatcher Contained in he applimsim fat an Advm m foe Public Works Pluming.
3. If due mutined during plan Preparation indicatee
that aforemdhi will in a the of the
public w%A substantially loremd themismA nemsseethe"plimntabell suspend plan preparation and notify the
Gnvemmem sa sou as Possible.
0. The applimu shell am Cayman the plan preparation with its uwu force, except (A) as shown in its aOm-
maim, or (B) es may be approved by the Go,unment m the applicant's request prior m performance of the meek.
5. In the Clem theGovemmem has approved the nee of the applicant's own mployee, no accomplish the plan
preference, only chase mane incurred by the epplic,u for the plan mammalian which meld am have bean im mPrd
,,mp, for the mdmAivg m tbeplm preparation shall be paid farm the Gavemmem'a ads.....
6. The applicam shall keep actuate amounting records of all cases involved in mnnectim with each advance.
The o and rearm, of the applicator, together with all supporting documents, m beapmn all times on
amn
inspection by mnhmimd reprentmwes of the fHFA, and copies fiabed when requested. Theapplicant shell
fumiah a copy of my ... your mored ins in cuunmtion with plan Preparation immediately am, emcutim
thereof.
7. The applicant shall establish a mapmme planning ummt inm which shall be placed all Federal foods
estimated to be required for plan preparation, together with my of the applicmt'a own Coda to mu, that portion
of the plan prepumim coat Cot soared by the Federal odvmce.
g. The advance may he requisitioned mhen plan preparation is completed and presented m the Gnvemmm ,
mgethm with e,id,,M of the molim m s appmud thereof, including specifically the than Canimated coat of Con-
ning the public woh comemplmcd by plan pmparmim. and any uheeapimmd, repoited by Federal, Ala of
local law. Upon retailer of such dant, in satisfactory fom, and if the Guvemmmt is satisfied that the appli... the,
complud with aft be obligmims mdu the said Agreement, the fell advance ban not exceeding the stall plan
prm minim Con will be Paid.
Interim palmetto may be made if the momentum, finds mach interim payments me ryatified to imine pmmpr
compinim of pima.
9. The Gm emmem may elect to terminate all or my of in mliguim, mder the said Agreement.
(0 If my reprceentmim of the mplume, in its ,plication or in my supplement thea, or amendment thereof,
my dnemoema submitted to the Gummmem by the applicant in Connector, with arch upplic,rim,
shall be mantle m msmPlete I, my material revert;
(b) If the applicant ,ball bad on Commence promptly sir mm ha, theplm prepmuian wits i, the ,ire pmvided
Chamber in the Agreement or within the limit, of any extension of time as may be vlormed by the Gavem-
ot if the applicant shall fail otherwise in tbeperformence or fWfilhnene of any of in obligation, to be
performed oe fWfilled under the Ayeemem,
HOUSING AND HOME FINANCE AGENCY CPAaID
(vna
COMMUNITY FACILITIES ADMINISTRATION
AGREEMENT FOR PUBLIC'MORES PLAN PREPARATION
Project rvo. wtY-71M
DIIEEIint r. wtta»aw
TO: 019 M saw
(Least ..„..ate Name of Appb.x)
lgRIIpIIIEe QBNWw IILIM
(neer... of Aven... 1)
Pwauant to the ptavision¢ of Public Lox 560, 83M Congress, ea amended, and yo3 applica[i en, as modified
and s,pplem nred, end subjec o the Tea and Conditi a, dated L,wgMR Is 106i ached hereto
and made s part hereof, the UNITED STATES OF AMERICA, acing by andlu-6M1 the Hou inn sad Home Fio e
gdminissntaq herzby offers w make you vt Wvnnce of wt m esceed D —LRA toaid y,,m financing
the case of plan preparation, to moats, of V01411WY/ tIIIIIIIIItDIIII
fns the proposed cm,amction of iSAME" Y04 tOPWt ADELDE[BCOt
By the acceptance e( this offer, you sett, as submit the ebmo-de...Abed Glen p[epve[ion within m
day, fwm the date of y,m azcepmce beasts( and co,emoc that you will mpry the Ad .... a when equimd to do so
mdet the pmwimoa, of sold Law and Tama and Cattiness.
Thin off,, most be "Capped, if It ell, within slaty (EO) days fast, one date hereof.
This 41111 day of Rgtobe '19-4.
UNITED STATES OF AMERICA
Housing sad Home Pinence Ad,mmuoms
Com" Reis l" ftm&tRirR
IEigned) xionaxdson J. Thowpem.
Tit, tMLINdit OSiOCLYi It
(c) If the applicant shall fail an submit or umle to be mbmined In the Govemmem any terms, draw, plans,
Mwinga, wpecificatiaaa, Coltrane, eaimueq epprovsla, or other docnmenrs pertaining ro the plan
impartation contemplm d by the Agreement, that may be requested by the Gnvemmen5
(d) If any officio of the applicmt shall become directly or indirectly bu,,,w j personally in my counter or
submmnct in comecum with the aforesaid plan preparation,.
If she Ga,,mmem terminates it, obligati... the appliem, will be liable for immediwe refund of any (wads
W vena by the Gnvenment.
10, 1, rhe sent the Wplicent has employed m $hall employ any person, has, m "Monti", wcRting Inns
fide employees aM penman, oma, or corporations emphy,d order a blow fide unt,we to renderpmfea$bnal or
auMical services only, to soliair on seem, the advante covered by the Agmlmeat to which these Term and
Conditions time, or my other correct right under such Agreement, won an agreement or mersaWing for a
n, pmnani , bmkmge, at contingent fee, the G ,,,.ear droll lave the night to wool add Agreement
m tsma liability or in its discadm or d,1= from rhe advance otherwise payable under the Agreement the full
mm= of earth mmmrvrm, pence wage, bmkemge, or ruminator fee.
11, The w1w,m,.hdl be repaid pmmprly Won the mart of construction of the public muga comemplated in the
planting rcpon. Canamm shall be.... iduela mdenA,, or sumot when the fir.
a.aAed or the applicat begins con,umc ion with its awn far,,,. H ,mem, To, of only a pea on of wheplmnN
.ork is undertaken, repayment is required of rush proportionate momt of the adaace related to the work as the
Admiainem s, dettmwea to be egaimble.
13. Is she wont the applisme should, for my lesson, fail m spay p,ompdy the &me, in fail in occu tism,
with its obligation rete, thio Agreement, whether such eblignsim shall vise by operation of law ar lode, the said
Agreement, lath mpaid sawshall bra at the of bur per am m per farm the due of the Cor
emm 'sdemand to the applicants be, the repayment to the data of payment thereof by the applicme
13. The Govemmene shall set be obligated on liable under the Agreement m my party other rhm the.pplicmt.
14. No mmibw of o, dd gat m rhe C ,%,..a of the United Saar,, of Aortic, o, resident mmmia mmn shall
be twitted to my shave or pm of the Government's wNsm, on in my benefir wising rherefmm.
15. The pplicwt wry xminwe the Agreement an my time prior m the Cnvemmeni $ payment of my pnnim of
the w,m a by written and,, In rhe G,ve of each ve n. In uch e , the (instrumentwill be relieved
of dl its obligations order the agreement.( the applicae escalators the Agreement after receiving any portion of
the advance, it shall promptly regard to he Govemmme the portion of rhe advmce that has IN... paid by the Nor,
emmenr unless the abandonment is concerted in by she Govenanmc
ACCEPTANCE
The foregoing offer is hereby amepmdthis day of 19 .
� dw�
(Legal Cans...1. n.». of Ap U..v)
CERTIFICATE
1, the uvdvsigned, HEREBY CERTIFY ties 1 em the,f ivial cmmdiev of the records and proceedings of the
governing body of the aboasidemified Appli... G aM that avch ecotda and pmmediaga show Ann, pwauavt in
proceedings of said governing body bad and adopted on the day of
19_, the foregoing offer of the United Ames of Avetics baa hen wqualifiMly and Andy a<mpM by said
Applicants.
Thi¢ day of 19—.
(WAL1
PROGRAM OF ADVANCES FOR PUBLIC WDRKS PLANNING
TERMS ANDEDNDITIM
1. The applicant sban tutus the advance, or my Ratti,, Entail, to deism the cost of any pan of the plan
prepararim which, pact an the data bone by the offer o which them, Time ad Conditions related, has been per
leaned at has mem included in my comsct in which the applicant has agreed to Become such plan inspection
with my specific funds athef than those to be applied by the (iovernment.
3. The plan Recommits, to be paid fw with the advance shell be limited to the project for which the advance
I, made, and the applicant shall cause chm plan Trepanation on, be such as will permit of the construction of the
wank c emplaced thereby m, cum
which is within ability m fin and which heart amiable tri mon
to the mum", of mea therefor contained in its application for an Advance for Public Works Planning.
3. If data obtained dmwg plan pulpamtitle indicate that mfuteaem conditions will Increase the cost of the
public work substantially beyond dmongiml estimate, the applicant shall suspend plan prepartion and nmify the
Govemmem m can as possible.
d. The applicant shall net petfam the plan prtpuacion with its can place, emci a (A) ea shown its is TII-
colim, or (B) a, may be approved by the Cuvemmmt It the applicant's eminent prior to performance of the work.
5. In the event &,Gavemmmt has eppmvad the me of the *plicmt's awn employees to accomplish the plan
pspmacim, only those was immmd by the applicmc lot the Plan im pmssun width w,old not have bean incurred
eaten[ bf the wdertilting of cbeplm prepuatioo shall be paid from the Wvemmeni s advance.
6. The epplicam shall keep ==Us accomting..aid, of all costa involved in cmneaion with each advance.
The accounts and rmods a the applicant, mgeeher with all supporting dncumem,, muse b,mm m all time, in
inspection by emWrimd rep 11111 eive, of the IWFA, and copies forfeited when rcquemed. The applicant shall
famish a copy of my coovaa mated into in connection with plan Imposture immediately ups, emission
thereof.
7. The applicant shall establish a itinerate planning account into which shall be placed 91 Fedeml fords
estimated in be ,mined for plan pr",nalim, together with any of the Implicate s an fad, to cave, then panic,
of the plan pretension coat Trot coveted by the Fist al ho ,.
S. The advance may ba requisitioned when plan in,yammim is completed and pmaeweal to the Govemmenq
mgaher with evidence of the epplic,m', approval thereof, Including specifically the then estimated cost of con -
,
em
g the public wove cmeplmed by plan prePamion, and my mhe, app, vals, mmi ed by Federal, State tsf
local
Is,. Upon stipt of amh date, in mai,lmemy ism, and if the Government is twined that the applicant has
wmpliml with all it, miiitarima mile,the said Agreement, the fail dvmce but at e¢e,ding the nand plan
Prcper nim cost will be Two.
Interim prymems may bemadeif the Govemr,mr find, each occults payments we justified cn team prompt
completion of plana.
9. The Govemment may elect Is teemmrte all sissy of it, nblima ons mderthe avid Agre me,t.
(a) If any Isis .esmission ache applicant, in fes application m in any supplement theism of ammdmm, thereof,
my d,cumema submitted m the Gts m mt by rhe applicant m connection with such application,
shall be irmrtea in incomplete in any mmufd eV mG
(b) If the almE mr ,hall fail m comment, pmmpuy or complete thmplm prcpomim within the time provided
eh ... for 1, the Agreement m within the limit, of any esenva, of time as mry be appmvad by the Goventr
of if the applicmt shall fail mhemme in thepedommm a, fulfillment of any of it, obligation o be
pe,fo,med o, fulfilled uncle, the Ageeemm ;