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HomeMy WebLinkAboutOrdinances Book 12, Page 1058, No Ordinance Number1058 / AN ORDINANCE AUTHORIZING THE LZECUTI011 .AgD S.UDSTITUTIOIV OF 11 "EI! COl✓TRACT OF Ri LOYi"ZWT OF Z-f"NiVE E L. SCH-MLI% AIM ASSOCIATES IN COMVECTIOAI "1IT11 271,',P SLNY CLEARAI✓CE AND REDEVELOPi ENT PROGRA;%' IN THE CITY OF PADUCAH :dHRREAS this Board, on July 8, 1952, adopted an ordinance entitled: "AIV ORDINAIVCE PROVIDING FOR A1✓ AUTHORIZIAIG Tl.;^ Ei Loy, , OF KEArV,T , L. SCHELLIE AATD ASSOCIATES AS SURVEY AIVD PL1jM✓IA1G C011SULTAIVTS IiV COAINECTION :11TH THE SLM CLEARAi✓CE ARD REDEV-SLOPhENT PROGPAFI IN THE CITY OF PADUCAH", and YIFLRRAS the contract of employment recited in said ordinance did not merit the approval of the Housing and Home Finance Administrator; and :✓l1EREAS a new contract has been drafted for use in lieu of the one recited in said ordinance and has been approved by said Administrator; and IIHEREAS the said Kenneth L. Schellie and Associates have agreed to join with the City of Paducah in the execution of such new contract and in the substitution thereof in lieu of the contract recited in said ordinance, and WHERR:AS it appears within the best interests of said City to effect such substitution, NO" TITMREFORE, BE IT ORDAINED BY TFTE 30ARD OF CCiH,"ISSIOAri+RS OF TIIE CITY OF PADUCAH, KENTUCKY: 2ECTIO1✓ 1. The i4ayor and the City Clerk shall be, and they are hereby, authorized to join with Kenneth L. Schellie and Associates in the revocation and cancellation of the contract recited in said ordinance Of July 8, 1952. SECTION 2. Subject to completion of the revocation and cancellation authorized in Section 1 hereof, the 1•layor and the City Clerk shall be and they are hereby, authorized to join with Kenneth L. Schellie and Associates in the execution of a new contract of employment in words and figures as follows: CONTRACT FOR PERSONAL SERVICgS By and Between City of Paducah, Kentucky and Kenneth L. Schellie and Associates THIS AGREEFiENT entered into as of this day of 19.5_, by and between Kenneth L. Schellie and Associates(herein called 1059 the "Contractor") and the City of Paducah, Kentucky (herein called the "Local Public Agency") WITNESSETH THAT: IIHEREAS, the Local Public Agency has, under date of October 1, 1952, entered into a Contract for Advance with the United States of America acting by and through the Housing and Home Finance Administrator (herein called the "Administrator,); and WHEREAS, pursuant to such Contract for Advance the Local Public Agency is undertaking the making of surveys and plans necessary in preparation of a certain slum clearance and urban redevelopment project or projects, situated in the area(s) described below; and IIHEREAS, the Local Public Agency desires to engage the Contractor to render certain technical advice and assistance in connection with the undertakings of the Local Public Agency under the Contract for Advance; NOII, THd,REFORE, the Parties hereto do mutually agree as follows: 1. Employment of Contractor. The Local Public Agency hereby engages the Contractor and the Contractor hereby agrees to perform. the professional services hereinafter set forth in connection with the surveys and plans of the Local Public Agency under the Contract for Advance. 2. Area Covered. The Contractor shall perform all the necessary services provided under this Contract in connection with and respecting the following area(s): (a) That area known as Area A which is bounded approximately as follows: Beginning at the intersection of Washington and 7th Streets, thence southwest on Washington Street to the R/W Zine of the Illinois Central Railroad, thence south along said railroad R/II to Adams Street, thence northeast on Adams Street to the south corner of the Tilghman High School property (opposite 12th Street), thence following in a northwesterly direction the southwest property Zine of Tilghman High School to its intersection with a line approximating Clark Street extended, thence northeast.along said extension of Clark Street to Gould Street, thence northeast on Clark Street to Murrell Blvd., thence northwest on Murrell Blvd. 1001 to the rear property line of lots fronting on Clark Street, thence northeast along said rear property lines to 9th Street, thence southeast on 9th Street to Ohio Street, thence northeast on Ohio Street to 6th St., thence northwest on Gth Street to Clark Street, thence southwest on Clark Street to 7th Street, thence northwest on 7th Street to the point of beginning. (b) That area known as A ea B which is bounded approximately as follows: Beginning at the intersection of the Ohio River flood levee and the west corporate boundary of the City of Paducah, thence following said corporate boundary in a southerly, westerly, thence southerly direction until its intersection with the south R W line of the Illinois Central Railroad, thence easterly along an established land line and extension thereof approximately 140 feet north of 10th Street to Ellis Street, thence south on Ellis Street to a point approximately midway between Ilth and 12th Streets, thence easterly along a line approximately midway between Ilth and 12th Streets to Boyd Street, thence south on Boyd to Trimble Street, thence northeast on Trimble St. to Campbel Street, thence north on Campbell Street to the Ohio River flood levee, thence westerly following the levee to the point of beginning, but excluding the particular site, within the above described area, which is occupied by the unnamed housing project Ky. 6-4 which is bounded as follows: Beginning at the intersection of 7th and Boyd Street, thence southwest on Boyd Street to 8th Street, thence southeast on 8th Street to the alley between Harris and Campbell Streets, thence northeast on said alley line td 7th Streeti 'thende ' northwest to the point of beginning. 1060 (c)That area known as Area C which is bounded approximately as follows: Beginning at the intersection of Park Avenue and the flood levee at the west edge of the City of Paducah, thence south along said levee to 32nd Street, thence southeast on 32nd Street to Trimble Street, thence northeast on Trimble Street to 29th Street, thence northwest on 29th Street to Mason Street, thence southwest on Hason Street to a plat line parallel and approximately 360 feet east of ReGuire A e., thence north on said plat line to Park Avenue, thence west on Park Avenue to the Point of beginning. 3. Scope of Services. The Contractor shall do, perform and carry out, in a satisfactory and proper manner, as determined by the Local Public Agency, the following: (a)Structural Survey -..1500 1).Assemble available data, and supplement with field surveys of the redevelopment survey areas as required for each, to develop an authentic basis of information as to (1) number and type of structures (residential, non-residential, public), (2) degree of deterioration (dilapidated, in need of repairs, good condition), (3) family dwelling units.classifted as to availability of sani- tary facilities (private bath and running water, open privies, etc.) (4) racial occupancy, family incomes, etc., (5) width, type of surfacing and conditions of streets, alleys and sidewalks, and (6) adverse environmental factors such as noxious industries, open sewer diteches and streams, etc. Analytical statement related to Title I requirements. 2),In collaboration with land appraisers, municipal officials, land developers and representatives of the Local Public Agency, select one or more project areas for survey and planning activities in preparation of applications for Final Advance of Planning funds; establish a priority for project areas that may be undertaken with resources available to the Local Public Agency. b) Survey of Existing Land Uses - 1800 1).Prepare a map of existing land uses within (a) the proposed redevelo ment reject area or areas showing 1) platted lots AND PARCEL BOUMJARIES, " approximate location and size of structures designated according to residential, commercial, industrial, and public uses (in forn,. similar to Sanborn Maps), and (b) Area adjacent to redevelopment project area or areas showing land uses bylots and parcels. Statement of explanation and analysis. 2).Obtain information on tax assessments of properties in the project area and, in collaboration with land appraisers, establish a ratio of tax assessment to true value for use in preparing rough estimates of the cost of acquisition of project lands. 3).Obtain such topographic and soil information as may be required in the preparation of preliminary redevelopment plans for the project area or areas and in estimating the costs of site emprovements thereon. c). Survey of Existing Utilities and Community Facilities - x1,000 1).Prepare, from available engineering records and other existing sources, a map covering land within and adjacent to the project areas showing location and size of principal utilities, including water lines, sanitary sewers, storm drains; type, size and condition of streets; playgrounds, parks, schools; and other public facilities. Statement of explanation and evaluation. 1061 d). New Use Determination - :,500 1). Confer and collaborate with land appraisers, municipal officials, land developers and representatives of the Local Public AgencLr to the end of developing recommendations as to desirable new uses for the redevelopment project area which will be feasible from the standpoint of reuse value, marketability and their relation- ship to the general plan for the city. e). Rarket Analysis - :x'800 Z). Prepare an analysis concerning theavailability of lands in the same usecategory as those prepared for the redevelopment project areas; comparing location, utilities provided and other character- istics in relation to the current and potential demand for such lands; review recent transactions in the City involving similar properties. f). Preliminary_ Redevelopment Plans - al 200 1). Prepare a preliminary redevelopment plan for the project areas indicating 1) type and arrangement of new uses, 2) proposed arrangement of streets and utilities (indicating in dashed line any streets, alleys, etc. to be vacated), 3) requirements as to densities of future population, building setbacks, side and rear yards, open spaces, off-street parking and loading areas, types of structures to be permitted, etc. Statement of explanation and justification with anticipated schedule of redevelopment. 2).Prepare estimates as to the cost of site improvements (including unit costs) for the different types and classes of improvements. Indicate any of such improvements that might approximately be provided by the municipal government and therefor be eligible items for local grants-in-aid. Statement of explanation. g).Over-all Analysis and Presentation - •x`600 1).Prepare a map showing existing and proposed zoning of project area and vicinity. Statement of explanation. 2).Assemble and evaluate information as to relocation considerations including 1) number of families to be displaced according to annual incomes and race, 2) expected availability of housing to accommodate such families (public and private) approximate number of units and expected dates of availability. 3).Prepare, in collaboration with representatives of the Local Public Agency and with the benefit of the appraisal reports for land acquisition and reuse value, a unified project report including the above information, and incorporating a financial statement or plan for the project which includes the various items comprising gross project costs (including non-cash local grants-in-aid), fund to be realized from disposition of improved land, net project costs, cash local grants-in-aid and amount of Federal capital grant. The contractor shall ,furnish the Local Public Agency with at least eight copies of textual materials and the original drawings, tracings and negatives of maps, charts, photographs, etc. h).Advise and assist the Local Public Agency in the preparation of an application for Final Advance including supporting materials as required. i).The work of the t�ontractor shall include the necessary conferences with the staff of the Local Public Agency, land appraisers, city officials, land developers and others as may be necessary to pre- pare the above services. 4. Date to be Furnished to Contractor. The Local Public Agency shall make available to the Contractor such information, records, maps and other data in its possession as bears a relationship to the items enumerated in Paragraph 3. of this contract. 5. Personnel (a) The Contractor represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of orhave any contractual relationship with the Local Public Agency. (b) All of the services required hereunder will be performed by the Contractor or under his supervision and all personnel engaged in the worst shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. 1062 (c) None of the work or service covered by this Contract shall be sub -contracted without the prior written approval of the Local P¢blicAgency. 6. Time of performance. The services of the Contractor are to commence upon the execution of this Contract and shall 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 all of the services required hereunder shall be completed within 270 consecutive calendar days from the date of this Contract. 7. For the accomplishment of the work set out in paragraph 3. of the contract, the Contractor shall be compensated and reimbursed in the total sum of five thousand four hundred (5,400) Dollars. The Contractor agrees that the obligation of the Local Public Agency extends only to the funds available to it under said Contract for Advance for the discharge of the work described in this contract. 8. ilethod of Payment. The Local Public Agency will pay to the Contractor the amount of x'5,400.00 which shall constitute full and complete compensation for the Contractors services hereunder. Such Sum will be paid in the following manner, in every case, subject to receipt of a requisi- tion for payment from the Contractor specifying that he has performed the work under this Contract in conformance with the Contract and that he is entitled to receive the amount requisitioned under the terms of the Contract: 00.00 when the services covered by Paragraph 3, subparagraph a), have been satisfactorily comp -?ted, as required hereunder, and as determined by the Local Public Agency. '3800.00 when the services covered by Paragraph 3, subparagraph b), have been satisfactorily completed, as required hereunder, and as determined by the Local Public Agency. •;x'1000.00 when the services covered by Paragraph 3, subparagraph c), have been satisfactorily completeyZ, as required hereunder, and as determined by the Local Public Agency. ,,,,500. 00 when the services covered by Paragraph 3, subparagraph d), have been satisfactorily completed, as required hereunder, and as determined by the Local Public Agency. 5;800.00 when the services covered by Paragraph 3, subparagraph 3), have been satisfactorily completed, as required hereunder, andas determined by the Local Public Agency. 01200.00 when the services covered by Paragraph 3, subparagraph f), have been satisfactorily conapleted, as required hereunder, and as determir-1 by the Local Public Agency. 7,,,600.00 when the remainder of the services required under this Contract have been satisfactorily completed, as regvired hereunder, and as determined by the Local Public A envy. It is expressly understood and agreed that in no event will the total compensation and reimbursement, if any, to be paid hereunder exceed the maximum sum of ip5,400.00 for all of the sero ces required. 9. Termination of Contract .for Cause. If, through any cause, the Contractor shall fail to flzlfiZl in timely and proper manner his obligations under this Contract, or if the Contractor shall 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 terniration and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, 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 just and equitable compensation for any satisfactory work completed on such documents. Notwithstanding the above, the Contractor shall not be relieved of tiability to the Local P blit Agency for damages sustained by the Local Public Agency by virtue of any breaah of the Contract by the Contractor and the Local Public Agency may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the Local Public Agency from the Contractor is determined. 1063 10. Termination .forConvenience of Local Public A"enez/. 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, with respect to each item of services and compensation therefor set forth in paragraph 8 hereof, an amount which bears the same ratio to the compensation as the services actually performed bear to the services of the Contractor covered by each such item, less payments of compensation previously made: Provided, however, that if less than sixty per cent of the services covered by this Contract have been per- formed upon the effective date of such termination, the Contractor shall be reimbursed (in addition to the above payment) for that portion of the actual out-of-pocket expenses (nototherwise reimbursed under this Contract) incurred by the Contractor during the Contract period which are directly attributable to the uncompl?ted portion of the services covered by this Contract. If this contract is terminated due to the fault of the Contractor, Paragraph 9 hereof relative to termination shall apply. 11. Changes. The Local Public Agency may, from time to time, request changes in the scopd of the services of the Contractor to be performed hereunder. Such changes, including any increase or decrease in the amountof the Contractor's compensation, which are mutually agreed upon by and between the Local Public Agency and the Contractor, shall be incorporated in written amendments to this Contract. 12. Prevailing Salaries and Hours of Work. Not less than the respective salaries prevailing in the locality as determined pursuant to the attached "Determinations of Prevailing Salaries for Architects, Technical Engineers, Draftsmen and Technicians under Section 109 of the Housing Act of 194911, shall be paid to persons in the respective occu- pations listed therein employed in the performance of work under this Contract. Time -and -a -half shall be paid to all architects, technical engineers, draftsmen and technicians engaged in the work under this Contract, for hours worked in excess of eight hours in a day or forty hours in a week. The Contractor shall furnish to the Local Public Agency with each statement submitted for services rendered, certification as to compliance with the provisions of this paragraph with respect to his employees and shall furnish similar certification of his subcontractors with respect to their employees engaged on the work under this Contract. The provisions respecting overtime compensation herein shall not apply to executive, supervisory and administrative employees. 13. Withholding of Salaries. If, in the performance of this Con- tract, there -is any underpayment of salaries, the Local Public Agency shall withhold from the Contractor out of payments due him an amount suffi- cient to pay to employees underpaid the difference between the salaries required to be paid under the Contract and the salaries actually paid such employees for the total number of hours worked. The amounts withheld shall be disbursed by the Local PublicAgency for and on account of the Contractor to the respective employees to whom they are due. 14. Pion -Discrimination. In the performance of this Contract there shall be no discrimination against any employee or applicant for employment for the work covered hereby bacuase of race, creed, color or national origin. 15. Interest of Members of Local Publ isA encu/. Pio member of the Local Public Agency shall participate in any decision relating to this Contract which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested; nor shall any member, officer, agent or employee of the Local Public Agency have any interest direct or indirect in this Contract or the proceeds thereof. 16. Assignability. The Contractor shall not assign or transfer any interest tnthis Contract, whether by assignment or novation, without the prior written approval of the Local Public Agency thereto; provided, however, that claims for money due or to become due the Contractor from the Local Public Agency under this Contract may be assigned to a bank, trust company or other financial institution without such approval. Notice of such assignment shall be furnished promptly to the Local Public Agency. 1064 17. Interest of Contractor. The Contractor covenants that it presently has no interest and shall not acquire any interest directo or indirect in the above-described project area or areas or any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The Contractor further covenants that inthe performance of this Contract no person having any such interest, shall be employed. 18. Findings Confidential. All of the reports, information, data, etc., prepared or assembled 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 of the Local Public A_ency. 19. Officials not to Benefit. No member of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom. 20. Katerials. The Contractor shall furnih all materials used in the prosecution of the work contemplated hereunder, shall make available to the Local Public Agency the originals of all maps, charts, etc. prepared while undertaking such work, even though this Contract may be terminated prior to the completion of the work pursuant to the provisions hereof. 21. Non -liability o.f Personnel of Local Public Agen2y. This contract shall not impose any personal obligation or liability ,on any individual member, officer, employee or agent of the Local Public Agency. IN IIITI✓ESS WIZEREOF the Local Public Agency and the Contractor have executed this Agreement as of the date first above written. CITY OF PADUCAH, ATWTUCXY Local Public Agency By _ ATTEST: Mayor KENNETH L. SCI ELLIE & ASSOCIATES City Clerk By Contractor SECTI07✓ 3. This ordinance shall be introduced and remain on file for public inspection for at least one week in the completed form in which it shall be put upon its final passage. Mayor Introduced by the Board of Commissioners January 27, 1953 Passed by the Board of Commissioners February 10, 1953 Recorded by Sarah Thurman, City Clerk, February 10, 1953.