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HomeMy WebLinkAbout1965-05-10 115-S ORDER115-S Introduced by Councilor Houston, Xay 10, 1965 .� CITY OF BANGOR (TITLE.) VI1C11RC1..._. Authonzung the City Manager to Enter Into Contract with Bangor Urban Renewal Authority - Engineering Services -Kenduskeag Stream Project. By the qty Cmdeg of tM City of Bangor: ORDERED, THAT the City Manager be and is hereby authorized to enter into contract for engineering services (to wit: a boundary survey) with the Bangor Urban Renewal Authority in connection with the Kenduskeag Stream Urban Renewal Project 0 Maine R-7. A copy of the agreement is on file in the. City Clerk's Office. 0 CM CC CIL my lo, 1965 PASS® 115-5 P-.CEIVED 188$ MA7-3 P2. 40 0 R D E R CITY CI OFy, I� �Csntrect viN Ilrben Reneval Auth.- ..................................... Engineering Services - KeM. Str. Project ..................................... Introduced and filed by MUSING AND NOME FINANCE AGENCY URBAN RENEWAL ADMINISMATION CONTRACT FO PtOFESSI0NAL OR TECHNICAL SERVICES PA Tr I - M.1EMMT THIS AGREEMENT entered into as of this day of s 1965 by and between Became Urban Renewal Authority of the City of Bangor, State of Maine, (hereinafter referred to as the Uncal Public Agency") and City of Dancer, A municipal corporation or,anized and existing under the leas of the State of Maine, (hereinafter referred to as the 'Contractors), WITNESSETH MhTi WHEREAS, the Local Public A,;ency has, under dace of December 33, 1964, entered into a Loan and Capital 'rant 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 acts, and WHEREAS, pareuaat to each Contract, the Local Publlc Agency is undertaking certain activities necessary for the urban renewal project known as the Nenduskeaq Stream Urban Renewal Project Yo. Me. g-0 and situated in the project area hereinafter described, and WHEREAS, the Local Public Agency desires to engage the Contractor to reader 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 SEYVICES. The Contractor shall perform all the necessary services provided under the contract In connection with the boundary survey within the limits of the Kenduskeag Stream Urban ainewal Project, Project No. Maine 2-7, See Attachment caw, and shell furnish all plat, labor, equipment and materials and shall perform all operating$ in connection with the establishment of boundary control around and within the subject project area as follaaet A. Coordinate Contrail The Contractor shall establish coordinate pointe at convenient pointe In the area of the project, said pointe to be established by projecting the sxisting Maine State Coordinate System, East zona, as established by the United States Department of Commerce Coast and Caodetie Survey. B. Main lraveraer A mein traverse shall be established around the perimeter of the project areas aid traverse to conform or to be tied Into the boundary line described in Attachment eA". rhe traverse line shall be stationed and angle points shall be marked with ami -permanent markers. The main traverse proclaim shall act be less than 1 to 10,000. C. Secondary 'Traverse. A secondary traverse shall be eetablisbd within the limits of the main traverse as outlined above. roe mcmadary traverse shall generally include reference linea along all misting streets within the project area. She angle points shall be marked with ami -permanent markers and the traverse linea shall be stationed. rhe secondary traverse shall be sufficient to allow the location or tieing in of all existing right- f.way lines and also to provide sufficient reference for preliminary survey data required for future project improvements last In this contract). She precision of the secondary traverse shall not be lees than I to 10,000. D. preparation of Bess Planst The Contractor shall prepare accurate reproducible Esse plans of the entire project ere , one set to a scale of one inch equals one hundred foot and one set to a scale of one inch equals forty feet. Said plane will show the main and secondary traverses as wall as all misting right• f-vay lines. G. Preparation of Acquisition Map: Utilizing the base plana as described aEove, :he Contractor shall prepare an accurate property map, geld map to show all property to be acquired as well as misting property which is to remain. Me eras of each parcel which Is we affected mail be accurately calculated. F. Preparation of Disposition Plat Utilising the acquisition map and the proposed modifiatims to afatim; rightsrofway, the Contractor shall prepare a plan shoving all lad eras which are available for redevelopment as well as the type of redevelopment gramme. G. Final Layoutt Based upon the final disposition plan, the contractor shall set street mtaaments and property pins is the field to define said Streets and property and shall prepare complete metes and hounds and descriptions of each property end right-ofway. 2. TIME OF FG6cd UWicEi 'Pa se"Ims of the Contractor are to commence an the date of execution. of this contract, after approval of the Mousln; add Here YInance Agency, and mail 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, ell of the services required hereunder shell be campleted on or before October 28, 1969. 3. COMPENSATION AND NEINOD OF ^AVENT: The Local Public Agency shell pay the Contractor for its sexlCe5 under this contract the sums of money in the manner hereinafter described and set forth In Attachment ^B^ attached hereto and made e pert of this agreement. Compensation for work to be performed by the Contractor under the provisions of this contract shall be based upon payroll and Invoice Coate to said Contractor and Is presently estlneted not to exceed the sum of ten thousand dollars ($10.000.00). L. CONCUHYENCE OF HOUSING AND HONE FINANCE AOENCY: this attire agreement In made by the Local Public Agency subject to the Concurrence 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 agreements said Local goblin Agency may, at Its option, forthwith terminate this agreement without further liability on Its pert to be performed. The Local Public Agency may, however, at its oprion, renegotiate all or any portion of the provisions of this ag.'eement in conformity with the requirements of said Housing and Home Finance Agency with Contractor, subject to Contractor0s agreement to such renegotiations. 5. PERKS ANO CONDITIONS: This agreement Is subject to and incorporates the provisions attached hereto in PART IT, TERMS .%D CONDITIONS (Form H-6210 (8-63)). IN 9ITNE55 WHETEOF, the Local Public Agency and the Contractor have. executed this agreement as of the date first above written. ATTEST: 3ANG0,1 U11RBU1/kul RENEWAL /AUTIMItY Sy ATTEST: CITY (Di b1NCOR Housing and Hoae Finance Agency H-62LH URION RENENAI, ADN13ISTRATIOH (8-63) CONERACT PUH PHOFESBIOHAL OR TECHNICAL SERVICES PART II --TEENS AND CONDITIONS I. Termination of Contract for Cause. If, through any cause, the Contractor shall fall to fulfill in timely and proper herder his Cbligationsunder this Contract, or If the Contractor shell violate any of the covenants, agreements, Or stipulations of this Contract, the Local Public Agency shall 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. IC such event, all finished Or unfinished documents, data, studies, and reports prepared by the Contractor under this Contract shell, at the Option of the Local Public Agency, became Its Property and the Contractor shall be entitled to receive just and equitable Compensatlm for my satisfactory work completed On such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach of the Contract by the Contractor; and the Local Public Agency may withhold any payments to the Contractor for the purpose of setoff until such time m the erect 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 any terminate thio Contract my time by a notice in writing from the Local Public Agency to the Contractor. If the Cmtrac. is terminated by the Local Public Agency as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services antumlly Performed bear to the total services of the Contractor covered by this Contract, lees Payments of compensation Previmely msde; Provided, however, that if lees had sixty per cent o1 the services covered by this Contract have been Performed upOo the effective date of such termination, the Contractor shell be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not Qt XwLee re iabursed 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 Contract. If this Contract is terminated due to the fault of the Contractor, pectins 1 hereof relative to termination shall apply. 3. Changes. The Local Public Agency may, from time to time, request changes in the scope of the services of the Contractor to be Performed hereunder. Such changed, including Any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Local Public Agency= d the Contractor, shall be incorporated in written amendments to this Housing and Home Finance Agency B -621B CRBAN RENEWAL ADlLmISTRATIOR (8-63) CONPRACT FOR PRMWIOHAt CR TECHNICAL B ICES PARI II --MINS AND CONDITIONS I. TereloatlOn of Contract for Cause. If, through my cause, the Contractor shall fall t0 f f111 in timely and proper mapper his obligations under this Contract, or If the Contractor shall violate any of the c nant$, agreements, or stipulations of this Contract, the Local Public Agency shall thereupon have the right to terminate this Contract by giving Witten notice to the Contractor Of such termination and specifying the effective date thereof, at least five days before the effective date of such Sermdmtim. In such event, all finished or anfAisbed 3ocuseents, data, studies, and reports prepared by the Contractor under this Contract shall, at the Option of tbe Local Pabllc Agency, became its propertY and the Contractor shall be entitled to receive ,just and equitable Compensation for any satisfactory park completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of liability to the Local Public Agency for damages sustained by the Local Public Agency by virtue of any breach Of the Contract by the Contractor, and the Local Public Agency my withhold any pymenOr to the Contractor for the purpose of setoff until such time ae the asset emomt 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 any time by a notice In writing from the Local Public Agency to the Contractor. If the Contract is terminated by the Local Public Agency as provided herein, the Contractor will be paid An amount whim bears the same ratio to the total compensation as the services Actually performed bear to the total services of the Contractor covered by this Contract, lees payments of compensatlovpreviously made: Provided, however, that if lees than sixty per cent of our a ryices covered by this Contract have been performed you the effective data of such termination, the Contractor shell be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under thin Contract) incurred by the Contractor during the Contract period which are 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, Section 1 hereof relative to termination shall apply. 3. Changes. The Local Public Agency may, from tame to thse, request changes In the scope of theservices of the Contractor to be performed hereunder. Such Chargee, including any Increase or decrease in the arrant of the Contractor's compensation, which are mutually agreed upon by and betvsen the Local Public Agencyyca d the Contractor, shall be Incorporated in written amendments to this _2_ 4. Personnel. a. Me Contractor represents that he has, or will secure at his own expense, all personnel required In performing the services under this Contract. such Dersomel shell not be employees of or have mlv 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 law to perform such services. c. No person who is serving sentence in a penal or correctional Institution shall be employed on work under this Contract. 5. Anti -Kickback Rules. Salaried of architects, draftemen, technical engineers, and technicians performing work under this Contract shall be paid unconditionally and not lees often than once month without deduction or rebate on any account except only such payroll deductions a mandatory by law or permitted by the applicable regulations Issued by the Secretary of Labor pursuant to the "Anti -Kickback Act" of June 13, 1934 (48 Stat. 948; 62 Stet. 740; 63 Stet. 109; title 18 U.S.C., section 874; and title 40 U.S.C., section 276c). The Contractor shell comply with all applicable "Anti-Klckhack" regulations and 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. 6. Withholding of Salaries. If, in the performance of this Contract, there is any underpayment of salaries by the Contractor or by any subcontractor there- under, the Local Public Agency shall withhold from the Contractor out of payments due to him an annum 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 number of hours worked. The amounts withheld shell be disbursed by the Local Public Agency for add on adcount of the Contractor or subcontractor to the respective employees to whom they we due. 7. Claims and Disputes Pertaining to Salary Peted. Claims and disputes pertaining to salary rates or to claselficetione a1 architects, draftavm, technical engineers, and technicians performing work under this Contract shall be promptly reported in writing by the Contractor to the Local public Agency for the letter'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 will take affirmative action to ensure that applicants we employed, and that employees are treated during employment, without regard to their r creed, color, o national origin. Such action shall Include, but nobe limited to, rthe following: employment, upgrading, demotion, or transfer; recruitment or ruitment advertising; layoff or termination; rates of pay or other forme of compensation; and -3 - selection for training, including apprenticeship. Me Cmtrmtor agrees to poet In conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the previsions of this nondiscrimination clause. b. The Contractor will, In all solicitations or advertisements for employees placed by or an behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, reed, color, or national origin. c. The Contractor will cause the foregoing provisions to be Inserted in all subcontracts for my work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shell not apply to contracts or Sucuontracts for standard Cmmercial supplies or raw materials. 9. Discrimination Because of Certain Labor Matters. No person employed on the work covered by this Cmtrmt shall he discharged sr in any way discriminated against because he hes filed my complaint or instituted or caused to be instituted any proceeding or hes 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 Lave. The Contractor shall comply with all applicable lave, ordinances, and codes of the State am local governments, and shall commit no trespass an my public or private property In performing my of the work embraced by this Contract. 11. Subcontracting. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Local Public Agency. The Contractor shall be as fully responsible to the Local Public Agency for the seta and ominslms of his subcontractors, and of persona either dlreetly or Indirectly employed by them, as he 1s for the acts and missions of persona directly employed by him. The Contractor shall Insert In each subcontract appropriate provisions requiring cempliesce with the labor standards provisions of this Contract. 12. Aeeigmbility. The Contractor shall not assign any interest In this Contract, and shell not transfer may interest in the same (whether by assignment 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 Is assigned to a bank, treat company, or other financial Institution, or to a Trustee in Bankruptcy, without such approval. Notice of my such assignment 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 Local Public Agency, and no other, onicer, employee, or agent of the Local Public Agency who exercises any functions or responsibilities in comection 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 Cther 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 pp vel of the carrying ant of the Project to which this Contrast pertains, shall have my personal interest, direct or Indirect, ID this Contract. _4- 15• Interest oI Certain Federal Officials. No member of or Delegate to the Congress of the United Statee, and no Resident Commissioner, shall be admitted to aay share or part of this Contract or to any benefit to arise herefrom. 16. Interest of Contractor. The Contractor covenants that he presently shall not ac has no Interest and quire any, interest, direct or indirect, In the above-described Project Area or any parcels therein or any other Interest which would conflict in any owner or degree with the performance of his services hereunder. Me Contractor further covermunts that In the performance of this Contract no person having any such interest shall he employee. 17. Findings Confidential. All of the reports, Information, flats, etc., prepared or assembled by the Contractor under this Contract are confidential and the Contractor agrees that they shall not be made avaidable to say, individual or organization without the prior written approval of the local Public Agency. ldd;ND� ATTACHIENT ^A^ LEGAL DESCRIPTIONS OF KENCUSKEAG STREAK RENEXAL AREA Beginning at the intersection of the easterly side of Exchange Street add the northerly aide of York Street; Thence easterly along said northerly side of York Street crossing French Street five hundred 150C) feet, more or lees, to the intersection of the northerly line of York Street with the easterly side of Oak Street; Thence in a generally southerly direction across York Street sixty-six (66) feet, wre or less, to the intersection of the easterly aide of oak Street with the southerly aide of York Street. Thence continuing southerly two hundred ninety (290) feet, more or less, along the easterly aide of oak Street to the intersection of the easterly side of Oak Street with the northerly side of Hancock Street; Thence easterly along the northerly side of Hancock Street, crossing Pine Street three hundred any (350) feet, hode or leas, to a point, one hundred seven (107) feet, more or less, distant in an easterly direction from the intersection of the easterly side of Pine Street with the northerly side of Hancock Street; Thence at right angles in a southerly direction across Hancock Street and along the easterly boundary line of Lots numbered, 260, 241, 2420 243, 244, a shown on City Sheet No. 49 of th. Assessors Maps for the City of Bangor, as recorded in the Assessor's Office, four hundred fifteen (415) feet, more or less, to the northerly aide of Washington Street; Thence generally aoutberly across Washington Street and along the easterly side of the approach to the bridge acrosa the Penobscot River, one hundred forty-five (145) feet, m r less, to the point where said approach intersects with the northerly side of the Maine Central Railroad Company right of way; Thence at nearly right angles if a generally southeasterly direction across said bridge approach and along the northerly Aide of the Keine Central Railroad Company right of way, fifteen hundred ninety-four (1594) feet, mrs or less, to the intersection of the north-easterly side of Union Street with the southeasterly side of Broad Street; Thence northwesterly along the northeasterly aide of Un on Street rune hundred ten (910) feet# more or leas, to the intersection of the nortMeeterly aide of Main Street with the northeasterly side of Union Street; Thence northeasterly along the northwesterly aide of Main Street six hundred eighty (6X) feet, more or lees; Page 2 Thence at right angles northwesterly along the southwesterly boundary line of Fat Numbered 108, as shown on City Sheet We. 42 of the Assessors Flapa for the City of Bangor, as recorded in the Assessor's Office, snd across Oolumbia Street, two hundred thirty (230) feet, were or leas, to the northwesterly wtle Of Colrmmia Street; Thence along the northwesterly aide of Coleabia Street two hundred (200) feet, more or less, to the intersection of the northwesterly side of Columbia Street with the southerly aide of Ha®ond Street; Thence continuing northeasterly across Hammond Street, sixty (60) feet, were or less to a point, fifty (50) feet, m or lees, distant an a northwesterly direction groat the intersection of the northerly side Of Hammond Street with the westerly aide of Franklin Street; Thence generally easterly along theqe erally northerly aide of Personal Street three hundred sixty-five (365) feet, more or less, crossing Franklin and Central Streets to a point one hundred twenty-one (121)feet, more or less, distant in awesterly direction measured along said Hammond Street from the westerly aide of KeMusksag Stream; Thence generally northerly ninety (90) feet, more or less; Thence northeasterly eighty (80) feet, more or less, to :he westerly side of Kenduakeag Street; Thence southeasterly ninety (90) feet, =me or less, along the westerly aide of said Stream to the generally northerly aide of Hammond Street; Thence continuing easterly across said Kenduskeag Stream and along the northerly aide of State Street four hundred (400) feet, more or less, to the intersection of the northerly side of State Street with the easterly side of Park Street; Thence southerly crossing e51d State Street and along the easterly aide of Exchange Street three hundred ten (310) feet, more or lees, to the point of beginning. ATTACHMENT "B" forcing a part of the agement between Bangor Urban Renewal Authority, (Local Public Agency), and Cay of Danger, (Contractor), dated s 1965 Paym nts under this contract shell be rade by the Local Public Agency to the Contractor upon receipt eves the Contractor of requests for payment for work performed by the Contractor enter this agreement. Such request for payment shall be accormiled by ttesieed supporting data of the expenses for which payment 1s requested. Such request for payment and all supporting data shell be In form satisfactory to the Local Public Agency and the Uoufing aid dome Finance Agency of the urban Ianaral Admintatmcion. The fees of said payment request shell bet :equest for payment by City of Uangor, (Contractor), to Bangor Urban Renmal Authority, (Local Public Agenay)s by virtue of contract dated Official Title PAYMENT REQUEST NO. DATE. ONE TnTAL MIME PAYMENT TERM UNIT PIECE EST. COST COMPLETE TO DATE -- 1. Personal Services T. Supplies a. Office b. Mechanical e. Education d. Printing }. Contractual Services 6. Spatial Personnel b. Advartlsln, C. Travel Exp;nse 4. Comsunfcatime a. Telephone b. Radio 5. Equipment Rental A. Statfem met h. Office Fixtures To: Fenger urban Remupsl Authority I hereby certify that the foregoing request for payment and all supporting dam submitted herewith to true and correct and that payment therefor has not been received. City of ianDor, Contractor Official Title