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
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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
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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