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HomeMy WebLinkAbout1969-06-09 181-W ORDER181-F Introduced by Councilor Houston, Jane 9, 1969 CITY OF BANGOR (TITLE.) (Dritgr, AuthorizinSthe City Manager. to Enter into. a.. Contract with Eaugox Urban Renewal Authoxity--Engineering Services for Public Improvements, ..-..-..- _._..._-.- .._.. _.... .--._ Rendaskeag Stream Project, Me. R-0 By the Qty Couweil Of the city ofBaw9at: ORDERED, THAT the City Manager be and is hereby authorized to enter into a contract for engineering services for Public improv meats with the Bangor Urban Renewal Authority in connection with the Revduekeag Stream Urban Renewal Project, No. Me. R-]. A copy of the contract is on file in the City Clerk's office. 181-W .i;VED 1969 ,IIIA -5 'P 12: 45 ORUEA CITY CL o , :'SV'kOFFICE Contxxt w1th VA AutM1oxit - Bn ineeri iry CI,Y COIMCIL ................. IN........ R.....5..... .lune 9, 1969 PA66FA 6ervices � Kends Stre2m P[OjeCt.,J�� R-0 CI' CLew: Introduced and Filed by r ..�.Y!3... r.�... Councilman DEPARTMENT OF HOUSING AND URBAN DEV3LOPMENT CONTRACT iFOR PROFESSIONAL OR TECHNICAL SERVICES IPART I - AGREEXENT THIS AGREEMENT entered into as of this //?� qday c£ 1969 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 organised and existing under the laws of the State of Maine, hereinafter referred to as the "Contractor," WITNESSETH THAT: wHBREAS, the Local Public Agency has, under data of December 23, 1964 , 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 al_ amendatory Acte, and WHEREAS, pursuant to such Contract the Local Public. Agency is undertaking certain activities necessary for the urban renewal project, known as the Kenduakeag 6trean Project, Project No. Me. R -y, and situated in the Project Area hereinafter described, and WHEREAS, the Local Public Agency desires to engage the Contractor t0 rend" certain technical services and assistance in connection wi_h such undertakings Of the Local Public Agency, N NON THEREFORE, the parties heretc do mutually agree as follows: 1. SCOPE OF SERVICES. The Contractor shall per£onm all the necessary services provided under this Contract in connection with and respecting the following Project Area: Renduskeag Stream Project, Project No. Me. I %, See Attachment "A% and shall do, perform, and carry cut, in a satis£actory and proper ma-u:er, as determined by the Local Public Agency, the following: A. tirnish all plant, labor, egcipment and materials necessary for performing all engineering and supervision of con- struction required for the completion of Urban -Renewal AuUnrity ' Project No. Me. a-], complete, 1n strict accordance with these specifications, and within the terms of the con -tract. B. PRELIMINARY SURVEYS: The Coltractor shall ccnduct all field sury eye necessary for the design of Project Inpeovements, including streets, sidewalks, storm a::d sanitary sewers, street lighting, parking, fire alarm, and parks, as outlined in the amended app-ication for the subject project, susmitted August 5, 1968; and shall establish such horizontal and vertical controls as he feels are necessary for the execution of the design and construction of said Public Improvements. z NON THEREFORE, the parties heretc do mutually agree as follows: 1. SCOPE OF SERVICES. The Contractor shall per£onm all the necessary services provided under this Contract in connection with and respecting the following Project Area: Renduskeag Stream Project, Project No. Me. I %, See Attachment "A% and shall do, perform, and carry cut, in a satis£actory and proper ma-u:er, as determined by the Local Public Agency, the following: A. tirnish all plant, labor, egcipment and materials necessary for performing all engineering and supervision of con- struction required for the completion of Urban -Renewal AuUnrity ' Project No. Me. a-], complete, 1n strict accordance with these specifications, and within the terms of the con -tract. B. PRELIMINARY SURVEYS: The Coltractor shall ccnduct all field sury eye necessary for the design of Project Inpeovements, including streets, sidewalks, storm a::d sanitary sewers, street lighting, parking, fire alarm, and parks, as outlined in the amended app-ication for the subject project, susmitted August 5, 1968; and shall establish such horizontal and vertical controls as he feels are necessary for the execution of the design and construction of said Public Improvements. - 3 - C. PREPARATION OF CONSTRUCTIOE PLANS, SROCIFICATIONS, A COST ESTIIMTES• (1) Contract Drawings: The Contractor shall prepare complete contract drawings to a s'aitable scale and with suf£i- �cient detail to permit the contraction of all of the above- mentioned P=oject Improvements. The drawings shall be prepared on reproducible paper, and printed se=s will be provided as recuested. (2) Specifications: The Con=raCi r shall prepare complete construction specificatrens, Which shall include all --�_, information pertinent to the work to be performed, and shall contain the format necessary to pernit advertising for con- struction bids. (3) Coat Estimates: Upon completion of draacngsanc specifications, Contractor shall prepare a Coat estimate for the entire construction work. The estimate shall be broken down in such detail as is required to permit its use as a basis for determining the acceptability of bids received. D. SUPERVISION OF CONSTRUCTIOM: (11 Construction Inspection: The ContractCr shall schedule the construction of the varinUS improvements to corn - side with local conditions and adjacent property redevelopment, and shall determine whether the work shall be advertised for bid or shall be done by force account. Upon the award of - 4 - the Construction contract, Contractor shall theneeferth take fall responsibility in assuring that the layout and construction is conducted in accordance with the contract specifications and drawings. where quantity surveys are required for un_t price payments, Contractor shall act as a survey observer, and shall make separate computations of quantities before payment for such is allowed. (2) Progress Reports and Pajrent Estimates: Contractor shall approve rhe Construction Contractor's proposed schedule of work, and mall prepare monthly progress reports c- actual work completed. contractor shall prepare monthly payment esti- manes for work performed by the Construction Contractor. (3) Canoga Orders: contractor shall prepare cost esaim. tes for extra contract work which may be required, and shall keep a permanent record of all change orders. Contractor shall also keep all records pertaining to disputes or claims by rhe Construction Contractor or Sub -Contractors. E. ADDITIONAL ENGINEERING: (1) As -Built Drawings: Ccn--Tactor shall record all construction and layout changes tc the original drawipgs that resIIr during the course of construction, and shall submit one set of as -built sepia drawings to the Local Public Agency upon co- etion and correction of constmerioa. -5- (2) Consultation: Contractor shall, during the term of this contract, consult with Local Public Agency from time to time, as requested by Local Public Agency, and shat= 'Promptly furnish Local Public Agency with all information, reports, data, Plans, plots, maps, descriptions and all other information re- quired. 2. TINE OF PERFORMANCE: The services of the Contractor are to commence on the date of execution of this contract, after approval of Department of Causing and Urban Development, and shall be undertaken and completed in such sequence as to assure their expeditious. completion in the _ight of the Purposes of this contract. 3. COMPENSATION AND METHOD OF PAYMNT: Local Pub__c Agency shall pay Contractor for its services under this contract the sum cf money in the manner hereinafter described and set forth in Attachment "B", attached hereto and made a part of thea agree- ment. The compensation for the work performed as defined above will be based upon the actual expenses of the Contractor at a not to exceed maximum amount of Sixty-three Thousand, Six Hundred, Ninet:-seven Dollars ($63,697.00). A. CONCURRENCE OF DEPARTMENT OF HOUSING AND URBAN DUVBLOPM : This entire agreement is made by Local Public Agency sub -act to the concurrence and approval of the Urban Renewal Administration, Department of Soveing and Urban Development of the United States of America. In the event that said Department of Housin_ and Urban Development fails to .approve or concur in all or aty of the provisions of this agreement, said Local Public Agency may at its option forthwith terminate this agreement without '_miser liability or its part to be performed. Local Public Agency may, however, at its option renegotiate all or any portion of Cie _ provisions of this agreement in conformity with the requirements of said DeFartnent of Housing and Urban Development wi_h Contractor, subject to Contractor's agreement to such renegot_atioas.. S. TEP.NS AND CONDI^.IONS: TT.is agreement is nobject to and incorporates the provisions attacked hereto in PART =I, TERMS AND CONDITIONS (Form H62 -'B (5-66). IN WITNESS WHEREOF, the Local Public Agency snd 0e Contractor have executed this agreenent as of the dame first above written. ATTEST://��11 1 �////,,//.. A=SST: BANGOR URBAN R.NEWAL PUTHORITY By CITY OF BANGOR By. � AMINDDD ATTACHMENT "As LEGAL DESCRIPTION OF KINDUSSEAO SPEAK RENEWAL AMM Beginning at the intersection of the easterly aide of Exchagae Street and -he northerly side of York Street; Thence easterly along said northerly aide of York Street crossing French Street five hundred (500) feet, more or less, to the intersection Of the northerly line of York Street with the eu terly side of Oak Street; Thence in a generally southerly direction across York Street sixty (60) feet, r less, to the intersection of -fie easterly side of Oak Street with the southerly side of York Street; Thence continuing southerly too hundred ninety (290) feet, rare or tees, a_ong the easterly side of Oak Street to the intersection of the easterly side of Oak Street with the mrtherly side of Hancock Street; Thence easterly along the northerly side of Hancock Street, creasing Pine Street three hundred fifty (350) feet, were or lees, to a point, one seven (102) feet, more r less, distant in an easterly direction from the intetsectim of the easterly side of Pine. Street with the northerly side of Montour Street' Thence at right angles in a southerly direction across Hancock Street and along the easterly boundary line Of Lots nurder d, 260, 241, 242, 243, 244, as shown on City Sheet No. 49 of the Assessor's Maps for the City of Burger, as recorded in the Assessor's Office, four hundred fifteen (4L5) feet, ware cr less; name southerly fifty (50) feet, more or lees, to the souttetly aide of Washington Street; Thence easterly along the southerly 9_m of Washington Street three hundrei and twenty (320) feet, were or less; Thence generally southerly and westerly along the northerly side of the Maim Central Railroad Company right of way, nineteen hundred end forty-seven (1547) feet,'morr lees, to the intersection of the northeasterly aide of Union Street with the southwesterly side of Broad Street; Thence northwesterly along the northeasterly side of Onion Street nine hundred ten (910) feet, wore r less, to the intersection of the northwester Ly side of Main Street with the northeasterly side of Union Street; Thence northeasterly along the northwesterly side of Main Street six hundred eighty .(680) feet, mere or leas; Thence at right angles northwesterly along the southwesterly basMary lim of Lot Nowbered 100, as shown on City Sheet No. 42 of the Ameasor's Maps for the City of Bangor, as recorded in the Assessor's Office, and Across Columbia Street, two hundred thirty (230) feet, more as lees, to the northwesterly aide of Columbia street; .2_ Thence along the northwesterly aide of Columbia Street two hundred (200) feet, more or leas, to the intersection of the northwester:y side of Columbia Street With the southerly side of Hammond Street; Thence continuing northeasterly across Ea®ood Street, s_xty (60) feet, more r less, to a point, fifty (50) feet, more or less, distant in a northeasterly direction from the intersection of the northerly aide of Hamamnd Street with the westerly side of Franklin Street; Thence generally easterly along the generally northerly side of Hammond Street three hundred sixty-five (365) feet, more or leas, crossing Franklin and Central Streets to a point ane hundred twenty-one (121) feet, more or lees, distant in a weeter_y direction measured along said Movement Street from the westerly aide of Keaduskeag Stream; Thence generally rortherly ninety-eight (98) feet, more or lees; Thence northeasterly sixty-four ;64) feet, more or tees, to the westerly side of Eenduskeag Stream; Thence southeasterly eighty-five (85) feet, morr lees, along the westerly side C£ said Stream to the generally northerly side of lis.®oad Street; Thence continuing easterly across said Renduskeag Stream and along the northerly aide of State Street four hundred (400) feet, more or lees, to the intersection of the northerly site of State Street with the easterly aide of Park Street 'Thence southerly crossing said State Street and along the easterly side of Exchange Street three hundred ten (310) feet, more or lees, to the point of beginning. Attachment B forming a part of agreement between Bangor Urban Renewal Authority, Local Public Agency, and City of Berger, contractor, dated Payments under this contract shall be made by Local Pcblic Agency to Contractor upon receipt from Contractor of requests for payment for work performed by Contractor under this agreement, Such request for payment shall be accompanied by itemized support- ing data of the expenses for which payment is requested. Such request for payment and all supporting data shall be in form satisfactory to Local Public Agency and Department of Housing and Urban Development. The form of said payment request form is attached hereto as Attachment "C". SCHEDULE OF COMPENSATION. 1. Personal Services. Payroll coats for engineering per- sonnel of Contractor who performs services under this contract. Each request for payment shall be verified by daily time sheets showing the name, date, number �.. of hours and rate of compensation for each individual for whom Contractor requests payment hereunder. Personal Services Total, (not to exceed) $53,297.00. 2. Supplies. Office supplies, necessary paper, carbon, envelopes, mechanical supplies, granite monuments, grade stakes, property pins, educational supplies, log books, reference books, printing, reproduction of blueprints, verifax and any other directly related expense for supplies necessary under this contract. Each request for payment shall be accompanied by verified receipts; invoices or purchase orders. A. Office $ 800.00 B. Mechanical 600.00 C. Printing 400.00 Supplies Total, (not to exceed) $1,800.00 _. Contractual Services. Payro-1 costs of special per- sonnel for exploratory work and setting of monuments and advertising costs for public hearings, bid notices, _ and any other regmred advertising expense and travel expense. Request for payment for such items shall be verified by daily time sheets indicating the same data required under Personal Services above, or by invoices, receipts or purchase orders. A. Special Personnel $1,600.00 B. Travel Expense 800.00 Contractual Services Total, (not to exceed) $2,400.00 Attachment B Page Two 4. communications. Necessary telephone and car radio and repair expenses incurred in the performance ofethis agreement by Contractor. Request for payment shall be accompanied by verified invoices or receipts. Communications Total, (not to exceed) $1,200.00 5. Equipment Rental. Daily rental fees, cost of main- tenance - tenance and repair for station wagon supplied byin Contractor for use by survey crew and personnel per- forming seunder this agreement. Such vehicle use shall bersubstantiated by adequate records made and preserved by Contractor with the date, hours, of driver, mileage, nature of use. Rental fees fornecessary office fixtures used in connection with performance of this agreement by Contractor including calculator, typewriter, stenographic desk and chair, executive desk and chair, drafting table and stool, plan rack and filing cabinet. Request for payment for all such items shall be verified by receipts, invoices or purchase orders. Equipment Rental Total, (not to exceed) $3,000.00 Compensation Total for all work to be performed by this Contractor under this agreement (not to exceed) $63,697.00. This estimate of compensation is based upon four years' duration of the above-described services. Should the contract period exceed that time; additional compensation may be re- quired. Attachment C - Request for payment by City of Bangor, contractor, to Bangor Urban Renewal Authority, Local Public Agency by virtre of contract dated PAYMENT REQUEST NO. DATE TOTAL ESTIMATED EARNINGS EARNINGS ITEM COST THIS PERIOD TO DATE 1. Persoral Services 2. Supplies a. Office b. Mechanical C. Printing 3. Contractual Services a. Special Personnel b. Travel Expense 4. Communications 5. Equipment Rental To Bangor Urban Renewal Authority: I hereby certify that the foregoing request for payment and all supporting data submitted herewith is true and correct Enl that payment therefor has not been received. City of Bangor, contractor By City Engineer i" Attachment C - Request for payment by City of Bangor, contractor, to Bangor Urban Renewal Authority, Local Public Agency by virtre of contract dated PAYMENT REQUEST NO. DATE TOTAL ESTIMATED EARNINGS EARNINGS ITEM COST THIS PERIOD TO DATE 1. Persoral Services 2. Supplies a. Office b. Mechanical C. Printing 3. Contractual Services a. Special Personnel b. Travel Expense 4. Communications 5. Equipment Rental To Bangor Urban Renewal Authority: I hereby certify that the foregoing request for payment and all supporting data submitted herewith is true and correct Enl that payment therefor has not been received. City of Bangor, contractor By City Engineer U. S. DEPARTMENT OF ROUSING AND NRBAM DMLOPMMT RENEWAL ASSISTANCE ADMINISTRATION CONTRACT FOR PROPPSSIONAL OR TECUlm SEMICES PAIN' II--T2MS AND CONDITIONS 1. lamination of Contract foi Cause. If, through any cause, the Contractor 'hell fall to fulfill in Liaely and proper roamer hie oDllgetlovueunder this Contract, or if the Contractor shall violate any of the coveemts, agreements, r stipulations of this Contract, the Local Public Agency Shall thereupon been the right to terminate this Contract by giving written notice to the Contractor of such tesmimtlon and specifying the effective date thereof, at least five days before the effective data of ouch teralnation. In Such event, All finished or unfinished docunanta, data, studies, end reports prepared by the Contractor under this Contract shall, at the option of the Loca= Public Agency, become its Property and the Contractor shall be entitled to receive Just anal equitable compensation for any Satisfactory work empleted on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for deeases sustained by :he Loral Public Agency by virtue of any breach of the Contract by the Contractor, end the Local Public Agency any vitbholl any payments to the Contractor for the Purpose of setoff until such tine an the exact amount of damages due the Local Public Agency free the Contractor is determined. 2. Termination for Comenlence of Local Public Agency. The Local Public Agency may teraimte this contract any than by a notice Is writing frm the Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency an provided herein, the Contractor will be paid an secant which Deers the seen ratio to the total compensation as the services actually perforeed bear to the total services of the Contractor covered by this Contract, lees payments of ecapenestlm pmvimely move: Provided, however, test if lees then sixty per cent Of the services covered by thio Contract Lave been pancreas upon the effective date of such tereduation, the Contractor shell be reimbursed (in Addition to the above paynent) for that portion if the actual out-of-pocket expenses (not otherwise miabursed under this Contract) incurred by the Contractor during the Contract Period which are directly attributable to the uncompleted portion of the services covered by this lontract. If this Contract is teralnated due t0 the fault oI the Contractor, Section 1 hereof relative to termination Abell apply. 3• Changes. The Local Public Agency any, from ties to tine, request changes On the scope of the services of the Contractor to be Performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's magaosetloo, Mich are mutually agreed egoo by and between the Local Public Agency and the Contractor, shell be incorporated in written mendment' to this Contract. t--b-s�ul _2_ 4. Personnel. a. The contractor represents that he hex, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall out 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 authorised or permitted under State and local law to perform such eervices. c. No person who is serving sentence in a penal or correctional institution shell be employed on work under this Contract. j. Anti -Kickback Puled. Salaries of architects, draftemm, technical engineers, sod technicians performing work under this Contract shall be paid mditionally and not lees often than once month without deduction or rebate on any account except only such payroll deductions as are mmdatory by lav or permitted by the applicable regulations Issued by the Secretary of Labor pureumt to the "Aat1-K1ckback Act" of Juve 13, 1934 (48 Stat. 948; 62 Stat. 74o; 63 Stat. 108; 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 sad shell Insert appropriate provisions Io 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 ad the Secretary of LaLor any specifically provide for variations of or exemptions from the requiremenH thereof. 6. YlLhboldiws o} Salaries. If, in the performance of this Contract, there is Vey erpavmevuv� t of s6=1ed by the Contractor or by any subcontractor there- under, the Local Public Agency shall withhold frm the Contractor out of payments due to him an Vacant sufficient to pay to employees underpaid the difference between the salaries required hereby to be paid and the salaries actually paid such employees for the total comber of hours worked. The ®orate withheld shall be disbursed by the toed Public Agency for and on account of the Contractor or subcontractor to the respective employees to whom they are due. 7. Claims and Disputes Pertaining to Salary Rates. Claims and dleputes perGIDiag to salary rates or to classifications of architects, draftemem, technical engineers, sad technicians perfuming work under this Contract shell be promptly, reported in writing by the Contractor to the Local public Agency for the latter's decision which shall be final with respect thereto. 8. Equal Employment opportunity, During the performance of this Contract, the Contractor agrees as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Contractor viii take affirmative action to ensure that applicants are employed, and that employees are treated during employm at, without regard to their race, creed, Color, ornational origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forme of Compematim; ev3 _3_ selection for training, Including apprenticeship. The Contractor agrees to poet in compicuous places, available to employees and applicants for employnem, notices to be provided by the Local Public Agency setting forth the provisions of this nmdiscriaination 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 any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard Comerclal supplies or raw materiels. 9. Discrimination Because of Certain labor Netters. No persm employed on the work covered by this Contract shall be discharged or in my way discriminated against because he hes; filed my ecmplalnt or instituted or caused to be instituted soy proceeding or has testified or Is about to testify in my proceeding under or relating to the labor standards applicable hereunder to his employer. 10. Compliance With Local Laos. The Contractor shall amply with all applicable lave, ordined eq and codes of the State and lmal goveresents, and shall cousin no trespass on my public or private property in performing any of the work embraced by this Contract. 11. Subcontracting. gone of the eervice9 covered by this Contract shell be subcontracted without the prior written couent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the seta and missions of his subcontractors, and of persons either directly or Indirectly employed by them, as he is for the seta and mleelma of persons directly employed by his. The Contractor shall Insert in each subcontract appropriate provisions requiring compliance with the labor standards provisions of this Coherent. 12. Aeeignabilitr. The Contractor shall not assign any Interest In this Contract, and shall not transfer any Interest In the suss (whether by assignment or oveelm) without the prior written approval of the Local Public Agency: Prided, however, that clause for money due or to become due the Contractor fret the Local Public Agency under this Contract may be assigned to a bask, treat coapany, or Other financial institution, or to a Truntee In Bankruptcy, without such approval. Notice of any such aealgne ent or transfer shell be furnished promptly to the Local Public Agency. 13. Interest of Members of Local Public Agency. No member of the governing body of the Leval Public Agency, and no other off lost, employee, or agent of the Local Public Agency who exercises any functions or responsibilities In correction with the carrying out of the Project to which this Contract pertains, shall have any personal Interest, direct or indirect, In this Contract. 14. Interest of Other Local Public Officials. No member of the governing body of the locality In which the Project Area is situated, and no other public official of such locality, who exercises my functions or responsibilities in the review or app oval of the arryIng ant a the Project to which this Contract pertains, shall have any personal Internet, direct or indirect, In this Contract. .4. 15. Interest of Certain Federal Officials. No member of or Delegate to the Covgeess of the United States, and no Aeeldent Co®Iselmer, stall be admitted to army shears or part of this Contract or t0 any benefit to wine herefrom. 16. Inherent of Contractor. The Contractor covenants that he presently hon no interest and shall not inquire soy interest, direct or indirect, in the above-described Project Area or any parcels therein or say other interest Mich some conflict in any cancer or degree with the performance of his services hereunder. The Contractor further covenants that in the performance of this Contract no perem having any such interest shell be employed. 17. Findiage Confidential. All of the reports, Information, data, etc., prepared or assembled by the Contractor under thin Contract are confidential and the Contractor agrees that they shall not be mode available to any Individual or organization sithmt the prim vrittm approval of the Local Public Agency.