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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 4 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 Ah 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, 6 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. Z