2764 RESOLUTION NO. 2,76)4
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO
AND EXECUTE ON BEHALF OF THE CITY OF LITTLE ROCK AN AGREEMENT
WITH THE HOUSING AUTHORITY OF THE CITY OF LITTLE ROCK, ARKANSAS,
IN CONNECTION WITH SITE IMPROVEMENT WORK TO BE PERFORMED IN AN
AREA OF THE CITY KNOWN AS THE HIGH STREET AREA, PROJECT ARK R-6;
AND FOR OTHER PURPOSES .
WHEREAS, the Housing Authority has entered into a contract
for Loan and Grant, dated February 24, 1961, with the United States
of America, acting by and through the Housing and Home Finance Ad-
ministrator, for the execution of an Urban Renewal Project in an
area of the City of Little Rock known as the High Street Area, Pro-
ject ARK R-6; and
WHEREAS, the Housing Authority with the assistance of the City
of Little Rock is undertaking the installation of site improvements
in the project area; and
WHEREAS, certain items of site improvement work within the
boundaries of the High Street Area are to be installed by the City; and
WHEREAS, for the City to perform said work it will be necessary
for the Housing Authority to reimburse the City for the costs of said
work; and
WHEREAS, the Housing Authority and the City of Little Rock de-
sire to enter into an agreement in connection with the work to be
performed by the City and the method of reimbursement therefor;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
CITY OF LITTLE ROCK, ARKANSAS:
SECTION 1 . The Mayor and City Clerk are hereby authorized
and directed to execute and enter into on behalf of the City of
Little Rock an Agreement with the Housing Authority of the City of
Little Rock, Arkansas, in connection with site improvement work
to be performed by the City in an area of the City known as the
High Street Area, Project ARK R-6.
SECTION 2. The Agreement authorized in Section 1 hereof
shall be in form and words as follows:
AND CONVICT
Br ANA
THE HONG AUTHORITY OF THE &
CITY OF LITTLE ROCK, ARK
THE CITY OF LITTLE ROCK, ARKANSAS
Fat
SITS 334PROVEKENT WEE
This Agreement entered into
by and between the Housing Authority of the City of
hereinafter referred to as the "Housing Authority",
Rock, Arkansas, hereinafter referred to as the "City'.
WI fr4ESSETH THAT:
WHEREIS, the Housing Authority has entered into a contract for Loan
and Grant dated, February 214, 1961, with the United States of America,
acting by and through.the Housing and Home Finance Administrator, for the
execution of an Urban Renewal Project in an area of the City known as the
of site improvements in the project a
WHERCE&S, certain items of site improvement work within the botmdaries
of the High Street Area are to be installed by the City; and
WHIMyAS, for the City to perform said work it will be necessary for
the Housing Authority to reimburse the City for the costs of said work:
4„:ry; Di-r,• , The parties hereto do mutually agree as follows:
• e t The Housing Authority' hereby engages the
City and the City hereby agrees to perform the services hereinafter
set forth in connection with the site improvement work to be per-
formed in the High Street Project ARK R-6.
F
2. Area 9oyered. The City shall perform all the necessary services
provided under this Contract in connection with and respecting
. areal
-2-
of which is located within the boundaries of the High
Street Project ARK R-6.
3. Scone of ServiGes. The City shall, at the expense of the Housing
Authority, resurface with asphalt that portion of West Ninth
Street which is set out in Section 2 herein above.
b. ComoDersatioR art iettVd of 7avent.
A. The City shall be compensated by the Housing Authority
for all services performed by the City herein at a rata
of $7.60 per ton of hot mix asphalt and 15 cents per
e lon for emulsion tack coat. It is estimated that
pproximately 5921 tons of hot mix asphalt and 209.3
gallons of tack coat will be used, making a total.amount
$4,531 .40 compensation to be paid the City.
B. .r The Housing Authority shall make payment to the City with-
90 days following receipt of an itemized statement of
,p-
work performed accompanied by a certificate of completion
the provisions attached hereto as Part II r „ _a �X ► _ ,,.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to
be executed on the day and year first above written.
HOUSING AUTHORITY OF THE CITY
OF LITTLE ROCK, ARKANSAS
CITY OF LITTLE ROCK, AAA
PAT I ?
4
.>, �p i �p j y ��p i,�
. d,. 4icn 4`4 Con c f.. '.use. If , a . . '. -� . . : ,..
tractor "'.� . > n v me, y end proper manner his obligeti> «• ,.
this Con. ct, or if the Contractor shell violate any of the covenantee,
rents, or stipulations bf this Contract, the Housing Authority shall Y
- . have the right to ter teats this Contract by giving written noti
tractor of such termination and specifying the effective date
': least five days before the effective date of such termination.-
ali finished or unfinished documents, data, shies, and reports-;
the Contractor under this Contract shall, at the option of the H. °-%
become its property and the Contractor shall be entitled to receive *
itable compensation fbr any satisfactory work completed on such d.
Notwithstanding the above, the Contractor shall not be reli
to the Housing Authority for damages sustained by the Housing Au . '..t" r= ` ;'
virtue of any breach of the Contract by the Contractor, and the Housing A e`.
nay withhold any payments to the Contractor for the purpose of setoff until
such time as the exact amount of damages due the Housing Authority from.. .! '
,
Contractor is determined.
2. Termination for Convenience of the Housing Authority. The . -.
A -
Authority say terminate this Contract any time by a notice 1n writing from .. -
Housing Authority to the Contractor. If the Contract is terminated by ,e,
Housing Authority as provided herein, the Contractor will be paid an
which bears the same ratio to the total compensation as the services - .-:
performed bear to the total services of the Contractor covered by this Con- - ..
tract, less payments of compensation previously nrda: Provided t however, that
" if less than sixty per cent of the services covered by this Contract have been
performed 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 (not otherwise reimbursed under this Contract) ix
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.
Change. The Housing Authority may, from time to time, request
• -s in s cope scope of the services of the Contractor to be performed hereunder.
1 Such changes including any increase or decrease in the amount of the Contractorte
; compensation, which are mutually agreed upon by and between the Housing Authority
and the Contractor, shall be incorporated in written amendments to this Contract,
!t. Personnel. a. The Contractor represents that he has, or will secure
at his wn expense, all personnel required in performing the services under
this Contract. Such personnel shall not be employees of or have any contractual
relationship with the Housing Authority.
b. All the services required hereunder will be performed by the Contract =
•er his supervision and all personnel engaged in the work shall be fully
' qualified and shall be authorized or permitted under State and local DOI to
ti _ e. such services.
r
. . No person who is serving sentence in a penal or correctional institution
'> shall be employed on work under this Contract.
5' ti-Kickback s. Salaries of architects, draftsmen, technical
4 engineers,�at�cTm"�c $performing work under this Contract shtil be paid
unconditionally and not less often then once a month without deduction or rebate
on any account except only such payroll deductions as are mandatory by law or
permitted by the applicable regulations issued by the Secre . - , ., . : .
to the "Anti-Kickback Act" of June 13 1934 (48 Stat. 948; -"`
Stat. 108; title 18. U.S.C., section 674; and title 40 U.S.6
The Contractor shall comply with all applicable "Anti-Kic
shell insert appropriate provisions in all subcontracts c. `'
C. Tact to insure compliance by subcontractors . ,t;`
,
shall b on of aff idai .
hereunder except as the Secretary of Labor may specifically prow °
lot i ons of or exemptions from the requirements thereof.
6. Withholding of Salaries. If, in the performance of this C•`'
there is any underpayment, ofr salaries by the Contractor or by any stibccntra•
thereunder, the Housing Authority shall withhold from the Contractor =
payments due to him an amount sufficient to pay to employees underpa,.
difference between the salaries required hereby to be paid and the
paid such employees for the total number of hours worked. The
amounts withheld shall be disbursed by the Housing Authority for and on
of the Contractor or subcontractor to the respective employee . ,_•„
due.
7. Clai s• Di,• to • rtainin• to S - Rates. Clai •
pertaining to sa rates or o c as ice ons • architects, draftsmen'
- technical engineers, and technicians performing work under this Contract she
-be promptly reported in writing by the Contractor to the Housing Authority tar`` ° -
the latter's decision which shall be final with respect thereto.
8. Nondiscrimination. There shall be no discrimination against any
.. employee who is employed In the work covered by this Contract, or against •
,applicant for such employment, because of race, religion, color, or mationa
origin. This provision shall include, bit not be limited to, the follow
employment, upgrading, demotion, or transfer; recruitment or recruitment 11
•vertisingt layoff or termination; rates of pay or other forms of •
and selection for training, including apprenticeship. In case ot
tracting of work covered by this Contract, the Contractor small i 'f
a.preceding two sentences in its agreements with such subcontractors. The
Housing Authority, if required by the terms of its Contract with the , j
Government here inbe f ore mentioned, sha l l furnish the Contractor with,;
discrimination posters, which the Contractor shall display in cdnsp
places readily seen by employees and applicants for empi•
9. Discrimination Because of Certain LabTNttems. U;,. •
on the work covered by this Contract shell be discharged or
criminated against because he has filed any complaint or inst *+
to be instituted any proceeding or has testified or is about to testify in
:, any proceeding under or relating to the labor standards applicable
to his employer.
10. Cavliance with Local 4ts. The Contractor shall ccaply with all
applicable Taws, orcnnances, and codes of the State and local governments, and
shall cooamit no trespass on any public or private property in pert. , any.
•• •• ed by this Contract.
ontractinc. None of the services covered by this
•• ontracIed without the prior written consent of the Housing Authority
The Contractor shall be as fully responsible to the Housing Authority
acts and omissions of his subcontractors, and of persons either dire, ..
indirectly employed by them, as he is for the acts and omissions of
directly employed by him. The Contract shall insert in each subcon•
• appropriate provisions requiring compliance with the labor standard
of this Contract.
as!. •ilit . The Contractor shall not assign any interes`` A
- shall not transfer any (whether interest in the same (wheer by as
sent or novation) without the prior written approval of the Housing Authority,
_Provided, hmeever, that claims for money due or to became due the C
free. the Housing Authority under this Contract may be assigned to a lank
trust company, or other financial institution, or to a Trustee in Ban x •°
- without such approval. Notice of any such assi°
• !shed promptly to the Housing A •
tare t of Members • Housin• . (
- OUS ui • y, • no • } -r o ' • •
Housing Authority who exercises any functions or responsibilities in c•.
with the carrying out of the Project to which this Contract ports to ,
��.�� _.,_ .• � .t, direct oar_` indirect.. this
•. -rest of ontractor. ontractor covenan s
has no interest and' shall not acquire any interest, direct or i •'``
the above-described Project Area or any parcels therein or any other inte
which would conflict in any manner or degree with the performance of his
services hereunder. The Contractor further covenants that in the perform= °;.
{ of this Contract no person having any such interest shall be employed.
17. 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 w ithaut the prior written approval of the Hsi i
Authority.
SECTION 3 . This resolution shall be in full force and
effect from and after its adoption .
ADOPTED: December 4, 1961
ATTES / 1� APPROVED: /A/
�J ee.JCa-�/
City Clerk Mayor/