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HomeMy WebLinkAbout1973-02-26 83-AA ORDER83 AA Introduced by Councilor Dallou, Per. 26, 1973 a, _ryp CITY OF BANGOR (TITLE.) (Dorr__Authorizing the City Manager to EnCQ,C.. into a Contract with Bangn;,_Urban Renewal Authority for_Planning Services Hancock, -York, Neighborhood Development Program, A-4 BY W City Coaxed of Oily ofBaePw. ORDERED, TEAT, Merle F. Goff, city Manager, being and hereby is authorized for and on behalf of the City of Bangor to execute the contract for Planning Services for Hancock -York N D P Me. A-4 between Bangor Urban Renewal Authority and the City of Bangor attached hereto and made a part of this Order. FEo l r 973 IN CI� COUNCIL re3n. 26, 1973 PASSED 63 ORDER Title, Auth. Contract with Bangor 4n. Auth. ........................ I......., jqo Plannin9.Services,.Hancook-York .. ............................... Neigbborhomi Development Program A -C. xncro/a�ynrea 'ana 'i�S� ... ....N..!' ... ............. Council an CONTRACT FOR PROFESSIONAL SERVICES By and Between Urban Renewal Authority of the City of Bangor and The City of Bangor AGREEMENT This Agreement, entered into as of this day of , by and between the Urban Renewal Authority of the City of Bangor, hereinafter referred to as the "Authority", and the City of. Bangor noting through its Planning Department, hereinafter called "City." WITNESSETH THAT: Whereas the Authority hes under date of September 27, 1992 entered into a contract with the United States of America, Department of Housing and Urban Development, hereinafter referred toe "DHUD'S for funding of the redevelopment of the Hancock -York Project Me. A-4 and WIU!UEAS, pursuant to such contract the Authority is undertaking certain activities necessary for the planning of the 1973-1974 action year, and WHEREAS, the Authority deeiree to engage City to render certain technical advice end assistance in connection with said undertaking of the Authority. NOW =FORE, the parties do mutually agree as follows: 1. Scope of Services, - The City, by and through its Planning Department, ehalll tLe ceeeery services provided under this contract n connection with andrespectingdevelopment of the plan for action year 1973-1974 for the Project Area bounded generally by State, Pine, Washington, and Newbury Streets, and shall do, perform, and terry out, in a satisfactory and proper Reimer, as determined by the Authority, the following: a. Define the area to be redeveloped during said action year giving due regard to the Program for the previous action year, the laws of the State of Maine, the laws of the United States, and the rules, regulations and guidelines of USED. b. Plan and complete application See. or Code numbers: ND101, 201, 301, 302, 303, 401, 4020 501, 502, 503, 5041 505, 506, and 508 and Maps numbered ND -303-1, 2, 3, 4, 401, 501-1; ND -401-2, 3; ND -402-1, 2, 501-1. -2- c. Attend meetings with the Authority and other local officials as requested; assist the Authority in its public relations program, Including talks before local groups and preparation of materials as requested. Assist the Authority in conferences with redevelopers, appraisers, legal counsel, DHUD representatives and others, as necessary, in furthering the Authority's Program. d. Perform all other services as required from time to time by the Authority in connection with the preparation of the aforesaid plan. e. The Authority shall furnish the City with legal advice as necessary with regard to the Urban Renewal Plan. 2. Time of Performance, - The services of the City shall conmence on or before he dae oftexecution of this contract, end shall be undertaken and completed in such sequences as to assure their expeditions completion in the light of the purposes of this contract. S. Comperaation and Method of Payment, - The City shall be paid its pre- vailing edge rates for services ectuaiiy performed by its personnel. The City shall be reimbursed for reasonable expenses expended for supplies necessary to impleaant this agreement. The City shall be paid upon requisition at reasonable intervals not exceeding once a month for services actually performed upon receipt by the Authority of a requisition for payment specifying that it has performed the work under the Contract in conformance with the Contract and subject further to a determination by the Authority of satiefsetory completion thereof. Compensation under this contract stall not exceed Ten thousand dollars ($10,000.00) without prior Authority approval. d.Terms and Conditions, - This agreement is subject to and incorporates herein the provisions attached hereto as Part II - Terms and Conditions (Form H-621% dated 5-66 ). Signed and this the year and day above first written Urban Renewal Authority of the City of Bangor City ofBangor By City Mang D. S. DEPARTMENT OF HOUSING AND URBAN DEVELVCNBN'I AENffiIAL ASSISTANCE ADMINISTRATION CORTAACf MR PROFESSIONAL OR TECHNICAL SERVICES PART II--MW9S AND CMITIONS 1. Termination a Contrnct for Cause. If, through my cause, the Contractor shell fail to Fulfill in timely and proper Owner his obligations under this Contract, or If the Contractor shall violate day of the cOVeRshts, agreements, or stipulations of this Contract, the Local Public Agency Shall thereupon have the right to terminate this Contrast by giving written notice to the Contractor of such termination and specifying the effective date therect, at least five days before the effective data of such termination. he such event, all finished or unfinished documents, date, Studies, and reports prepared by the Contractor under this Contract shall, at the option of the Local Public Agency, become its property and the Contractor shall be entitled to receive dust and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to Lha Local public Agency for damaged sustained by the Local public Agency by virtue of any branch of the Contract by the ConLrnctw, and the Local public Agency may withhold any payments to the Contractor for the purpose of setoff until Such time as the exact amount of damaged due the Local public Agency from the Contractor Is determined. 2. Termination far Cwvm3enca oP Local public Agency. The Lad Public Agency mey terminate SLSa CpvtiacL any t1m by a vomica in writing from the Local public Agency to the Contractor. If the Contract is terminated by the Local Public Agency up provided herein, the Contractor vill be paid an amount vhich heard the same ratio to the total cwpenswim As the services actually performed beer to the total services of the Contractor covered by this Contract, less payments of Compensation previously made: Provided, however, that If lees than sixty per Cent of the services covered by this Contract have base performed upon the effective date of such termimtlm, the Contractor shall be reimbursed (iv addition to the above payment) for that portion of the actual wt -of -Pocket expenses (not otamr w reimbursed under this Contract) incurred by the Contractor during the Contract period eh3Ch are directly attributable to the uncompleted portion of the services covered by this Contract. If this Contract 1s terminated due to the fault of the Contractor, Section 1 berea relative to termiwtiw shall apply. 3. Changes. Tbe Local public Agency may, from time to time, request changes in the scope of the services of the Contractor to be performed hereunder. Such changes, including any, increase or decrease In the ameent of the Cmtrmtw's compensation, Mich we actually agreed upon by and between the Local Public Agency and the Cwtrmtw, shell he incorporated In written amendments to this Contract. ote1e 1sem -2- 4. Personnel. a. The Contractor represents that be has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shell not be employees of or have any contractual relationship with the Local public Agency. b. All the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local lav to perform such services. C. No person who is serving sentence In a penal or correctional institution shell be employed on work under this Contract. 5. Anti -Kickback Rules. Salaries of architects, draftemen, technical engineers, and technicians perfuming work under this Contract shall be paid unconditionally and not leas often then owe a month without deduction or rebate on any account except only each payroll deductions as are mendatOry by lav or permittedby the applicable regulations Issued by the Secrets} of Labor pursuant to the "Anti-Nickback Act" of Jane 13, 1934 (48 Stat. 948; 62 stet. 740; 63 Stat. 109; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shall comply with all applicable "Anti -Kickback" regulations end shell Insert appropriate provisions In all subcontracts covering work under this Contract to Insure compliance by subcontractors with such regulations, and shall be responsible for the submission of affidavits required of subcontractors there- under except as the Secretary of Labor may specifically provide for variations of or exemptions from the requirements thereof. 64 Withholding Of Salaries. If, In the performance of this Contract, there is any, underpayment of salaries by the Contractor or by way subcontractor there- under, the Local public Agency shall withhold from the Contractor out of payments due to him an mount sufficient to pay t0 employees underpaid the difference between the salaried required hereby to be paid and the salaries actually paid such employees for the total number of hours worked. The execute withheld shell be disbursed by the Local Public Agency for and on wooden of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to eatery rates or to classifications of architects, draftemen, technical engineers, and technicians performimg work under this Contract shall be promptly reported iv writing by the Contractor to the Local Public Agency for the latter's decision which shall be final with respect thereto. B. Equal Employment Opportunity. During the performance of this Contract, the Contractor agrees ea follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employmeat, without regard to their i eed, color, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recniteeot advertising; layoff or terminatimi rates of paw or other forms of compensation; and 3 - selection for training, including Apprenticeship. The Contractor agrees to poet In conspicuous places, available to employees and applicants for employment, notices t0 be provided by the Local Public Agency setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, color, or national origin. c. The contractor will cause the foregoing provisions to be Inserted In all subcontracts for may, work covered by thin Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall net apply to contracts or subcmt[aets for standard Commercial supplies or raw materials. 9. Discrimination Because of Certaln Labor Matters. No Person employed o the work covered by this Contract Shall be discharged or to any way discriminated against because be bas filed any complaint or Instituted or caused to be Instituted any proceeding or has testified or is about to testify In any proceeding under or relating to the labor standards applicable hereunder to his employer. 10. compliance with Local Laws. The contractor shall comply with all applicable lava, ordinances, And Codes of the state and local governments, and shall commit no trespass on any publicor private property In performing any of the work embraced by this Contract. 11. Subcontracting. gone of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Agency. The Contractor shall be a fully responsible to the Local Public Agency for the acts and omissions of his subcontractors, and of persona either directly o Indirectly employed by them, an he is for the acts add emissions of Persons directly employed by him. The Contractor shall insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Contract. 12. Assignability. The Contractor shall not aeeig, any interest In this Contract, and shall not transfer any Interest in the same (whether by aseignment or ovation) without the prior written approval of the Local Public Agency: Provided, however, that claims for money due or to become due the Contractor from the Local Public Agency under this Contract may be aseigned to a bank, trust company, or other financial Inatitutlon, or t0 a Trustee In BankruPtcY, without such approval. Notice of any such assignment or transfer shall be furnSebed promptly to the Local Public Agency. 13. Interest of Members of local Public Agency. No member of the governing body of the Local Public Agency, and no Other officer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities In connection with the carrying out of the project to which thin Contract pertains, shall have say personal interest, direct or Indirect, N this Contract. 14. Interest of Qther Local Public Offla ale. No member of the governing belly of the locality in Wich the Project Area is situated, and no other public official of such locality, who exercises any functions or responsibilities in pew review aballp�se any pa aoautereat, odirect orjlndirectt,aiin this Cmtreat. 4- 15. Interest of Certain Federal Officials. 90 member of or Delegate to the Congress of the United States, and no Desddeat Ca®ieeiovex, shall be admitted to say, share or part a this Contract or to say, benefit to arise berefrom. 16. Interest of Contractor. Tae Contractor covenants that he presently bee no interest and shall not acquire any, interest, direct or indirect, in the above-described Project Area or aqy, parcels therein or say, other interest vhlch vould conflict in any manner or degree with the performance a his services hereunder. The Contractor further coveaents that in the performance of this Contract an person having aqv such interest shall be employed. 17. PSndlvge Con yldential. All of the reports, information, data, etc., prepared or aneembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made available to any, individual or organization without the prior written approval a the Local public Agency.