HomeMy Public PortalAboutORD11277 e
BILL NO. 89=85
SPONSORED BY COUNCILMAN HAAKE. MASON
ORDINANCE NO. ,L
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY, CLERK TO EXECUTE A CONTRACT WITH ZHA, INC. FOR A
HISTORIC STRUCTURES SURVEY OF JEFFERSON CITY'S CENTRAL BUSINESS
DISTRICT.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
SECTION 1. The Mayor and Clerk are hereby authorized and
directed to execute a contract with ZHA, Inc. to perform an
architectural and historic survey of 19th and 20th century
structures located within an area roughly bounded by the Missouri
River on the north, McCarty Street on the south, Mulberry Street
on the west, and Adams Street on 'the east for a sum not to exceed
$11,000.00.
SSECTION 2. The contract shall be substantially the same in
form and content as that contract attached hereto as Exhibit A.
SECTION 3. This ordinance shall be in full force and effect
from and after the date of its passage and approval.
Passed: .�c� 7Lls�'l Approved:
PresliadViTg Off r ay
ATTEST: .
• J
City Clerk
e
GQNTHACT FOR PROFESSIONAL SERVICES
UM I - AGREE ENT
THIS REEMENT, made and entered into this r,91 day of
S , by and between the City of Jefferson,
M ssou i, (here n called "the City") and ZHA, Inc. (herein called
"Contractor") :
WITNESSETH, THAT:
WHEREAS, the City has entered into a contract with the
Missouri Department of Natural Resources, Division of Parks,
Recreation and Historic Preservation, Historic Preservation Program
(also commonly known as the Missouri State Historic Preservation
Office) for a Historic Preservation Fund grant to perform a survey
of historic structures located in an area bounded by the Missouri
River, McCarty Street, Adams Street and Mulberry Street; and
WHEREAS, the City desires to engage Contractor to render
certain services in connection therewith;
NOW, THEREFORE, the aforementioned parties agree to the
following terms and conditions:
1. SCOPE OF SERVICES
Contractor shall, in a satisfactory and proper manner as
Affak determined by the Missouri Department of Natural Resources perform
1p an architectural and historic survey of Jefferson City's Central
Business District to consist of the following:
A. Preparation of a research design in consultation with the
State Historic Preservation Office grant monitor.
B. Preparation of an Architectural/Historic Inventory Survey
Form with at least two 5" x 7" black and white glossy
photographs will be prepared for each resource in the
subject area.
C. Preparation of at least one coded map which includes all
structures in the subject area.
D. Preparation of a final report and recommendations.
The purpose of this project is to perform an architectural and
historic survey of 19th and 20th century structures located within
downtown Jefferson City, Missouri in an area roughly bounded by the
Missouri River on the north, McCarty Street on the south, Mulberry
Street on the west, and Adams Street on the east and comprising
approximately 150 buildings. Forms and photos shall be provided
on structure(s) constructed after 1945 only if the City and
Contractor jointly agree that particular structure(s) constructed
® after 1945 may have historic significance. Forms and photos on
such structures shall be provided only at the written direction of
the City. The planned survey will update existing National
Register documentation and provide the basis for a preservation
plan and design guidelines for the survey area.
Project work will be submitted and all payments made per the
milestone/payment schedule and project budget which follows.
2. APPLICABLE STANDARDS
Contractor shall perform the above mentioned services in
conformance with the Secretary of the Interior's "Standards and
Guidelines for Archeology and Historic Preservation".
3. TIME OF PERFORMANCE
The services of Contractor shall commence as soon as
practicable after the execution of this Contract or at a time
acceptable to both Contractor and the City, and shall be undertaken
and completed in such. sequence as to assure their expeditious
completion in light of the purposes of this Contract; but in any
event, all of the services required hereunder shall be completed
by September 1, 1990.
Project work will be submitted and all payments made per the
milestone/payment schedule which follows. Failure to meet any
milestone shall be considered cause, at the discretion of the City,
for the termination of this Contract in accordance with Section 9.
Mile-
atone oduGt Date Due Payment Schedule
#1 Submission of Consultant
Contract and Bidding
Documentation 09/01/89 -0-
#2 Submission of Research
Design 09/15/89 -0-
#3 Submission of 75 Inventory
Forms and Photographs 12/01/89 $ 3,300
#4 Submission of the remainder
of the Inventory Forms and
Photographs (Estimate: 55
to 75 Forms and Photos) 02/01/90 $ 3,300
#5 Submission of Draft Final
Report and Map(s) 06/01/90 -0-
#6 Submission of Final Report
and Map(s) , final project
report, and required fiscal
and audit data 09/01/90 $ 3,300
#7 Satisfactory completion of
audit of project $ 1. 100
TOTAL $11,000
4. COMPENSATIQUIVERIFICATYON AND METHOD OF PAYMENT
The City agrees to pay Contractor the sum of $11,000. Funds
shall be disbursed upon successful completion of the above stated
milestone/payment schedule.
In every case, payment shall be subject to receipt of a
requisition for payment from the Contractor specifying that he has
performed work under the Contract in conformance with the Contract
and that he is entitled to receive the amount requisitioned under
the terms of the Contract. Satisfactory performance required under
the Contract shall be determined by the Missouri Department of
Natural Resources.
5. OTHER OBLIGATIONS
The Contractor shall be obligated, within this Contract, to
pick up, beginning with the starting date of this contract, all
costs of photography, travel, copying, typing, wordprocessing,
mailing, phone calls and any expendable supplies that are needed
to complete this Contract. The City shall pick up all the costs
of bookkeeping, administration, payment processing, record
retention, and any other operational costs not specified above.
6. PROJECT ADMINISTRA.TION
The Contractor shall arrange conferences periodically between
himself and a duly appointed representatives) of the Missouri
Department of Natural Resources and/or the City to ensure work
progress in accordance with the approved project.
The Contractor, at such times and in such form as the Missouri
Department of Natural Resources and/or the City may require, shall
furnish periodic reports pertaining to the services undertaken
pursuant to this Contract, the costs and obligations incurred or
to be incurred in connection therewith, and any other matters
covered by this Contract. Materials gathered pursuant to this
agreement shall be available for inspection by either the Missouri
Department of Natural Resources and/or the City upon a twenty-four
(24) hour request.
7. OWNERSHIP OF DOCUMENTS
All documents, forms, plans, maps, research notes, photographs
and negatives, and any other materials accumulated or produced by
the Contractor as a part of this contract shall become the property
of the City, however, all such documents and materials shall remain
available for use by the Contractor.
8. AUNDMENTS
No substantial changes in this Contract may occur without
prior written approval from both the City and the Department of
Natural Resources (hereinafter called "the Department) . Approved
changes in the scope of work or budget shall be incorporated in
written amendment to the agreement.
9. TERMINATI N FOR CAUSE
The City and the Department, acting in conjunction, may
suspend or terminate this Contract in whole, or in part, at any
time before the date of completion, whenever it is determined that
the Contractor has failed to comply with the provisions of the
Contract. The City and the Department shall promptly notify the
Contractor in writing of such a determination and the reasons for
the suspension or termination, together with the effective date.
On such event, all draft and finished project work, maps,
photographs, reports, etc. prepared under this contract shall, at
the discretion of the City, become its property and the Contractor
shall be entitled to receive just and equitable compensation for
any work satisfactorily completed hereunder.
10. TERMINATION FOR CONVENIENCE
The City or the Consultant may terminate this Contract in
whole, or in part, when both parties agree that the continuation
of the project would not produce beneficial results commensurate
with the further expenditure of funds. The Contractor may
terminate the agreement at any time prior to t1he commencement of
the project.
11. TERMS AND CONDITIONS
This Agreement is subject to and incorporates the provisions
attached hereto as Part II - General Terms and Conditions.
IN WITNESS WHEREOF, the City and Contractor have executed this
Contract as of the date first above written.
CITY OF JEFFERSON, MISSOURI ZHA, INC.
By By
Title Title V .lam
ATTEST: ATTEST:
City .Clerk
e
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PART II - GENERAL TERMS AND CONDITIONS
1. INTEREST OF MEMBERS OF CONGRESS
No member of or delegate to the Congress of the United States
of America or Resident Commissioner shall be admitted to any share
or part of this Contract or to any benefit to arise therefrom; but
this provision shall not be considered to extend to this Contract
if made with a corporation for its general benefit.
2. INTEREST OF PRESENT AND FORMER MEMBERS OFFICERS OR EMPLOYEES
No member, officer or employee of the Contractor or the
governing body of the locality in which the activity is situated,
and no other public official of such locality or localities who
exercises any functions or responsibilities with respect to the
activity shall, during his or her tenure, or for one year
thereafter, have any interest, direct or indirect, in this Contract
or the proceeds thereof.
3. RECORDS AND AUDITS
The Contractor shall maintain accounts and records, including
personnel, property and financial records, adequate to identify and
account for all costs pertaining to the Contract and such other
records as may be deemed necessary by the Department of Natural
Resources, to assure proper accounting for all activity funds, both
federal and non-federal shares. These records will be made
available for audit purposes to the Department of Natural Resources
or any authorized representative, and will be retained for three
(3) years after the expiration of this Contract unless permission
to destroy them is granted by the Department of Natural Resources.
4. COPYRIGHT
No report, maps, or other documents produced in whole or in
part under this Contract shall be the subject of an application for
copyright by or on behalf of the Contractor.
5. COMPLIANCE WITH LOCAL LAWS
The Contractor shall comply with all applicable laws,
ordinances, and codes of the state and local governments.
6. INDEMNIFICATION
The Contractor shall indemnify and hold harmless the City and
its agents and employees from and against all claims, damages,
losses and expenses, including attorneys' fees arising out of or
resulting from the performance of the work, provided that any such
claim, damage, loss or expense (a) is attributable to bodily
injury, sickness, disease or death, or to injury to or destruction
of tangible property (other than work itself) including the loss
of use resulting therefrom, and (b) is caused in whole or in part
by any negligent act or omission of the Contractor, any
subcontractor, anyone directly or indirectly employed by any of
them or anyone for whose acts any of them may be liable.
AML In any and all claims against the City or any of its agents
or employees by any employee of the Contractor, any subcontractor,
anyone directly or indirectly employed by any of them or anyone for
whose acts any of them may be liable, the indemnification
obligation under this paragraph shall not be limited in any way by
any limitation on the amount or type of damage, compensation or
benefit payable by or for the Contractor or any subcontractor under
worker's compensation acts, disability benefit acts or other
employee benefit acts.
7. NON-DISCRIMINATION
The Contractor shall comply with the terms and intent of Title
VI of the Civil Rights Act of 1964, 42 USC 2000(e) , et seq. , and
with the regulations promulgated pursuant to such act by the
Secretary of the Interior and contained in 43 CFR 17 (1964) .
8. CIVIL RIGHTS
The Contractor must administer this contract in conformance
with the Civil Rights Act of 1964 (P.L. 88-352, as amended) , 43 CFR
17, issued by the NPS; and Section 504 of the Rehabilitation Act
of 1973, as amended, which prohibits discrimination against the
handicapped.
9. POLITICAL ACTIVITIES
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The Contractor may not expend grant funds for the use of
equipment or premises for political purposes; sponsoring or
conducting candidate meetings; engaging in voter registration
activity, voter transportation activity or other partisan
activities.
10. LOBBYING WITH APPROPRIATED FUNDS
Historic Preservation Fund grants must conform to provisions
of 18 USC 1913: "No part of this grant assistance appropriated by
any enactment of Congress shall, in the absence of express
authorization by Congress, be used directly or indirectly, to pay
for any personal service, advertisement, telegram, telephone,
letter, printed or written matter, or other device intended or
designed to influence in any manner a member of Congress; to favor
or oppose, by vote or otherwise, any legislation or appropriation
by Congress, whether before or after the introduction of any bill
or resolution proposing such legislation or appropriation; but this
shall not prevent officers or employees of the United States or its
Department or agencies from communicating to members of Congress
on the request of any member or to Congress, through the proper
official channels, requests for legislation or appropriations which
they deem necessary for the efficient conduct of the public
business", as presented in 18 USC 1913.
11. ASSIGNABILITY
The Contractor shall not assign any interest in this Contract,
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and shall not transfer any interest in the same (whether by
assignment or novation) without the prior written consent of the
City.
12. OTHER CONTRACTOR OBLIGATIONS
Contractors may not use their position for the actual or
apparent purpose of private gain other than the payment for
services rendered for themselves or another person, particularly
one with whom they have family, business, or financial ties.
Contractors shall not convey inside information that has not
become part of the body of public information and not become
available upon public request, directly to any person for private
gain for themselves or another person, particularly one with whom
they have family, business or financial ties.
Contractors shall not either for or without compensation,
engage in teaching, lecturing or writing that is dependent on
information obtained as a result of their employment in a grant
action, except when that information has been made available to the
general public or will be made available upon public- request, or
when the Missouri Department of Natural Resources gives written
authorization for the use of non-public information on the basis
that the use is for the public good.
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