HomeMy Public PortalAboutORD16015BILL NO. 2019-114
SPONSORED BY Councilman Hussey
ORDINANCE NO. 1Lo0166
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO 1) ACCEPT AN AMENDED HISTORIC
PRESERVATION FUND AGREEMENT AND 2) EXECUTE AN AGREEMENT WITH
WALTER P MOORE FOR THE ASSESSMENT OF UNREINFORCED MASONRY
BUILDINGS IN THE MISSOURI STATE CAPITOL AND MUNICHBURG COMMERCIAL
DISTRICTS.
WHEREAS, the Department of Natural Resources has awarded additional grant funding for a
total amount of $39,000 for an assessment of the structural status of unreinforced
masonry buildings located within the Missouri State Capitol and Munichburg
Commercial Districts; and
WHEREAS, Walter P Moore has been selected as the firm best qualified to provide professional
services for said assessment.
NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS:
Section 1. The Mayor is authorized to accept the amended Historic Preservation Fund
Financial Assistance Agreement.
Section 2. Walter P Moore is hereby approved as the best qualified firm to provide
professional services and its proposal is hereby accepted.
Section 3. The Mayor and City Clerk are hereby authorized to execute an agreement
with Walter P Moore.
Section 4. The agreement shall be substantially the same in form and content as that
agreement attached hereto as Exhibit A.
Section 5. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed: `1 of,r / o, .P.020
Approved:
ao as
Presiding Officer Mayor Carrie Tergin
ATTEST:
City Clerk
14u(11461 ----
APPROVED AS
City Pou =elor
CITY OF JEFFERSON
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT, made and entered into the date last executed by a party as
indicated below, by and between the City of Jefferson, a municipal corporation of the
State of Missouri, hereinafter referred to as the "City", and Walter P. Moore,
hereinafter referred to as the "Contractor".
WITNESSETH:
THAT WHEREAS, the City desires to engage the Contractor to render
services for a structural survey project in the Missouri State Capitol and Munichburg
Commercial Districts, hereinafter described in Attachment A.
WHEREAS, Contractor has made certain representations and statements to
the City with respect to the provision of such services and the City has accepted said
proposal to enter into a contract with the Contractor for the performance of services
by the Contractor.
NOW THEREFORE, for the considerations herein expressed, it is agreed by
and between the City and the Contractor as follows:
1. Scope of Services. The City agrees to engage the services of the Contractor to
render services for a structural survey project in the Missouri State Capitol and
Munichburg Commercial Districts, hereinafter described in Attachment A. In the
event of a conflict between this agreement and any attached exhibits, the provisions
of this agreement shall govern and prevail.
2. Compensation. The total amount for professional services rendered under
this contract payable by the City shall not exceed Sixty -Eight Thousand dollars
($68,000.00).
3. Term. This contract shall commence on the effective date, and continue until
the 31st day of August, 2020.
4. Additional Services. The City may add to Contractor services or delete
therefrom activities of a similar nature to those set forth in Exhibit A, provided that
the total cost of such work does not exceed the total cost allowance as specified in
paragraph 2 hereof. The consultant shall undertake such changed activities only
upon the direction of the City. All such directives and changes shall be in written
form and approved by the Director of Planning and Protective Services and shall be
accepted and countersigned by the Contractor or its agreed representatives.
5. Existing Data. All information, data and reports as are existing, available
and necessary for the carrying out of the work, shall be furnished to the Contractor
without charge by the City, and the City shall cooperate with the Contractor in every
reasonable way in carrying out the scope of services. The Contractor shall not be
liable for the accuracy of the information furnished by the City.
6. Personnel to be Provided. The Contractor represents that Contractor has or
will secure at its expense all personnel required to perform the services called for
under this contract by the Contractor. Such personnel shall not be employees of or
have any contractual relationship with the City except as employees of the
Contractor. All of the services required hereunder will be performed by the
Contractor or under the Contractor's direct supervision and all personnel engaged in
the work shall be fully qualified and shall be authorized under state and local law to
perform such services. None of the work or services covered by this contract shall be
subcontracted except as provided in Exhibit A without the written approval of the
City.
7. Failure to Perform, Cancellation. If, through any cause, the Contractor shall
fail to fulfill in timely and proper manner its obligations under this contract, or if the
Contractor shall violate any of the covenants, agreements, or stipulations of this
contract, the City 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 (5) days before the effective day of such termination. The
Contractor may without cause terminate this contract upon 30 days prior written
notice. In either such event all finished or unfinished documents, data, studies,
surveys, drawings, maps, models, photographs, and reports or other materials
prepared by the Contractor under this contract shall, at the option of the City,
become its property, and the compensation for any satisfactory work completed on
such documents and other materials shall be determined. Notwithstanding the
above, the Contractor shall not be relieved of liability to the City for damages
sustained by the City by virtue of any such breach of contract by the Contractor.
8. Assignment. The Contractor shall not assign any interest in this contract,
and shall not transfer any interest in the same (whether by assignment or novation),
without prior written consent of the City thereto. Any such assignment is expressly
subject to all rights and remedies of the City under this agreement, including the
right to change or delete activities from the contract or to terminate the same as
provided herein, and no such assignment shall require the City to give any notice to
any such assignee of any actions which the City may take under this agreement,
though City will attempt to so notify any such assignee.
9. Confidentiality. Any reports, data or similar information given to or
prepared or assembled by the Contractor under this contract which the City requests
to be kept as confidential shall not be made available to any individual or
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organization by the Contractor without prior written approval of the City.
10. Nondiscrimination. The Contractor agrees in the performance of the contract
not to discriminate on the grounds or because of race, creed, color, national origin or
ancestry, sex, religion, handicap, age or political affiliation, against any employee of
Contractor or applicant for employment and shall include a similar provision in all
subcontracts let or awarded hereunder.
11. Independent Contractor. The Contractor is an independent contractor and
nothing herein shall constitute or designate the Contractor or any of its employees as
agents or employees of the City.
12. Benefits not Available. The Contractor shall not be entitled to any of the
benefits established for the employees of the City and shall not be covered by the
Workmen's Compensation Program of the City.
13. Liability. The parties mutually agree to the following:
a. In no event shall parties be liable to each other for special, indirect, or
consequential damages.
b. The Contractor shall indemnify and hold the City harmless from and
against all claims, losses and liabilities arising out of personal injuries,
including death, and damages to property to the extent caused by any
negligent act or omission on the part of the Contractor related to the
services performed under this contract.
14. Insurance. Contractor shall provide, at its sole expense, and maintain during
the term of this agreement commercial general liability insurance with a reputable,
qualified, and financially sound company licensed to do business in the State of
Missouri, and unless otherwise approved by the City, with a rating by Best of not less
than "A," that shall protect the Contractor, the City, and the City's officials, officers,
and employees from claims which may arise from operations under this agreement,
whether such operations are by the Contractor, its officers, directors, employees and
agents, or any subcontractors of Contractor. This liability insurance shall include,
but shall not be limited to, protection against claims arising from bodily and personal
injury and damage to property, resulting from all Contractor operations, products,
services or use of automobiles, or construction equipment at a limit of $500,000 Each
Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be
deemed a waiver of the City's sovereign immunity. An endorsement shall be
provided which states that the City is named as an additional insured and stating
that the policy shall not be cancelled or materially modified so as to be out of
compliance with the requirements of this section, or not renewed without 30 days
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advance written notice of such event being given to the City.
15. Documents. Reproducible copies of tracings and maps prepared or obtained
under the terms of this contract shall be delivered upon request to and become the
property of the City upon termination or completion of work. Copies of basic survey
notes and sketches, charts, computations and other data prepared or obtained under
this contract shall be made available, upon request, to the City without restrictions
or limitations on their use provided the City agrees that such materials are intended
and prepared solely for use in the design and construction of the Project. Any
modification or use of such materials other than for the design and construction of
the Project, without written consent of the Contractor shall be at the City's sole risk
and liability. When such copies are requested, the City agrees to pay the Contractor
its costs of copying and delivering same.
16. Nonsolicitation. The Contractor warrants that they had not employed or
retained any company or person, other than a bona fide employee working solely for
the Contractor, to solicit or secure this contract, and that they have not paid or
agreed to pay any company or person, other than a bona fide employee working solely
for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this
contract. For breach or violation of this warranty, the City shall have the right to
annul this contract without liability, or, in its discretion, to deduct from the contract
price or consideration, or otherwise recover the full amount of such fee, commission,
percentage, brokerage fee, gifts, or contingent fee.
17. Books and Records. The Contractor and all subcontractors shall maintain all
books, documents, papers, accounting records and other evidence pertaining to costs
incurred in connection with this contract, and shall make such materials available at
their respective offices at all reasonable times during the contract and for a period of
three (3) years following completion of the contract.
18. Delays. That the Contractor shall not be liable for delays resulting from
causes beyond the reasonable control of the Contractor; that the Contractor has
made no warranties, expressed or implied, which are not expressly set forth in this
contract; and that under no circumstances will the Contractor be liable for indirect or
consequential damages.
19. Illegal Immigration.
Prior to commencement of the work:
a. Contractor shall, by sworn affidavit and provision of documentation,
affirm its enrollment and participation in a federal work authorization
program with respect to the employees working in connection with the
contracted services.
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b. Contractor shall sign an affidavit affirming that it does not knowingly
employ any person who is an unauthorized alien in connection with the
contracted services.
c. If Contractor is a sole proprietorship, partnership, or limited
partnership, Contractor shall provide proof of citizenship or lawful
presence of the owner.
20. Notices. All notices required or permitted herein under and required to be in
writing may be given by first class mail addressed to the Department of Planning and
Protective Services, 320 East McCarty, Jefferson City, Missouri, 65101, and Walter
P. Moore and Associates, 1100 Walnut Street, Suite 1825, Kansas City, Missouri,
64106. The date and delivery of any notice shall be the date falling on the second
full day after the day of its mailing.
CITY OF JEFFERSON, MISSOURI WALTER P. MOORE AND
ASSOCIATES
Carrie Tergin, Mayor . Title: PR /IV C i Pki-
Date: � 1 ?(?O b Date: 3/2/ZO24:::.
ATTEST: ATTEST:
APPROVED AS TO FORM:
Title: '/NC t PA -L
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January 8, 2020
Jayme Abbott, AICP
Department of Planning and Protective Services
City of Jefferson
320 East McCarty Street, Room 202
Jefferson City, MO 65101
816.701.2100 main
ATTACHMENT A
Re: Proposal for Professional Services
Structural Survey for Missouri State Capitol and Munichburg Commercial Districts
Walter P Moore Proposal No. 19-2532
Dear Mrs. Abbott:
Walter P Moore is pleased to submit this proposal to provide professional services for the
referenced project.
We anticipate that this Proposal and Agreement for Professional Services and attachments, when
signed, will serve as our entire Agreement unless superseded by another document signed by both
parties.
Basis of Proposal
This proposal is based on RFQ No. 3086 Structural Survey of Missouri State Capitol and Munichburg
Commercial Historic Districts and as further discussed during out in-person meeting on December 19,
2019.
Agreement
If this proposal is acceptable, please sign the attached Proposal and Agreement for Professional
Services where indicated and return the signed copy to us. This proposal is valid for 60 days.
We very much appreciate the opportunity to provide these services and look forward to working
with you on this Project.
Sincerely,
WALTER P. MOORE AND ASSOCIATES, INC.
David T. Ford, P.E., RRC, RWC, LEED AP
Principal / Managing Director
Attachments:
Agreement for Services
1100 Walnut Street, Suite 1825 • Kansas City, Missouri 64106
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PROPOSAL AND AGREEMENT FOR PROFESSIONAL SERVICES — Terms Attached
Project: Structural Survey for Missouri State Capitol and Munichburg Commercial
Districts
Client: City of Jefferson
Client Contact: Jayme Abbott, AICP
Proposal Date: January 8, 2020
Proposal Number: 19-2532
Walter P. Moore and Associates, Inc. (Walter P Moore) shall provide services to Client for the Project as defined
below and in accordance with the attachments listed below:
Project Description: It is our understanding that the project consists of visual structural evaluation of unreinforced
masonry buildings in the Missouri State Capitol and Munichburg Commercial Districts in order to provide a
baseline evaluation to determine the potential presence of unreinforced masonry common walls. Based on this
baseline evaluation, recommendations for further investigation will be provided. It is our understanding that the
Missouri State Capitol District and Munichburg Commercial District include approximately 100 structures as shown
in the attached List of Structures Included in Visual Assessment provided by the Client. It is our understanding that
the districts are listed on the national Register of Historic Places. The purpose of this baseline visual evaluation is to
determine the condition of the exterior unreinforced masonry walls visible from exterior and potential presence of
unreinforced masonry common walls. Lastly, it is our understanding that the assessment will be performed from
the outside of the buildings only.
Our proposal is based on the project as described. If our understanding of the project scope is inaccurate or the
project scope materially changes, we understand that our compensation will be equitably adjusted.
Scope of Services: As defined in the attached Schedule SD10 and this Agreement.
Compensation: Walter P Moore proposes to provide the defined Scope of Services on a Lump Sum Fee basis as
follows:
Survey Plan and Survey Questions $4,000
On-site Visual Assessment $45,000
Report Deliverable Preparation $15,000
On-site Meetings with Presentation $4,000
Total $68,000
Compensation shall be equitably adjusted for changes in the scope of the project as described in the Project
Description or changes in the scope of service as described in the Scope of Service.
Miscellaneous out-of-pocket project related expenses including, without limitation; printing, postage, courier
costs, lodging, travel expenses, etc., shall be invoiced and paid at the incurred cost. Mileage shall be charged at IRS
Standard Business Mileage Rate in effect at the time of travel. Sales tax, if applicable, will be paid by the Client. We
recommend that the Client budgets approximately $4,000 for these expenses.
Additional Services
Walter P Moore proposes to provide Additional Services not included in the Scope of Services as requested and
approved by the Client in writing. Additional Services shall be provided without invalidating this Agreement.
Additional Services shall be compensated at a mutually agreed upon fee.
PROPOSAL AND AGREEMENT FOR PROFESSIONAL SERVICES
Structural Survey for Missouri State Capitol and Munichburg Commercial Districts
Page 2 of 3
Client's Responsibilities
The Client shall provide overall management and coordination of the Project. Walter P Moore agrees to
participate in the coordination effort, to be led by the Client, in order that our Portion of the Project is coordinated
with the designs and deliverables of the other members of the Project team.
The Client shall provide to Walter P Moore in a timely manner full information of which the Client is aware
regarding any special conditions, criteria, reports, or special services needed, and to make available any existing
data or drawings concerning the Project and Project Site. Walter P Moore shall be entitled to rely upon the
accuracy and completeness of any such information provided.
Project Schedule
Walter P Moore will endeavor to achieve the requirements of a reasonable schedule determined appropriate for
the Project. We estimate the Project milestones schedule as shown in the Table 1 below. Walter P Moore's fee for
the defined Scope of Services is based, in part, upon the Project being executed in a timely manner without
significant delays or interruptions.
Table 1 Project Mi estone Schedule
Milestone
Estimated Date(s)
Kick-off Meeting
12/19/2019
Preservation Committee Meeting
1/20-1/31
Survey Question Submittal
2/3-2/7
Survey Response
2/10-2/14
Field Visual Assessment
2/24-3/20
Report Preparation
3/23-4/17
Report Deliverables
4/20-4/24
Final Presentation of Findings
5/4-5/8
In order for Walter P Moore to proceed with its services toward the accomplishment of the Project Schedule, the
following information shall be provided by the Client in a timely manner:
• An executed copy of the Agreement for Professional Services
Payment: As defined in the attached City of Jefferson Contract for Professional Services
Limitation of Liability
To the maximum extent permitted by law, Client agrees to limit Consultant's liability for claims arising from the
Agreement to the Sum of $50,000 or Walter P Moore's paid fee, whichever is greater. This limitation shall apply
regardless of the cause of action or legal theory pled or asserted.
Terms of Agreement
In accordance with the attached City of Jefferson Contract for Professional Services
Attachments:
The following attachments are incorporated by reference as if set forth at length. In the event of a direct conflict
between this Agreement and the content of any of the Attachments, this Agreement shall govern.
PROPOSAL AND AGREEMENT FOR PROFESSIONAL SERVICES
Structural Survey for Missouri State Capitol and Munichburg Commercial Districts
Page 3 of 3
Schedule SD10: Scope of Services
List of Structures Included in Visual Assessment
City of Jefferson Contract for Professional Services
Executed on this day of , 2020 by:
Client:
Jayme Abbott, AICP
Walter P. Moore and Associates, Inc.:
David T. Ford, P.E., RRC, RWC, LEED AP
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SCHEDULE SD10
SCOPE OF BASIC SERVICES
Visual Review
I. Basic Services
A. In general Walter P Moore's Scope of Basic Services will consist of a visual Phase 1
assessment documentation of the buildings described in the proposal letter in an
effort to determine presence of unreinforced masonry common walls and
document condition of exterior unreinforced masonry walls. Our Phase 1
assessment will include a visual observation of the structures and field
documentation of existing conditions that relate to unreinforced masonry walls.
This phase does not include repair or fix of any distressed elements of the
structures.
B. The services will be performed under the supervision of a professional engineer
licensed in the State of Missouri.
II. Phase I Condition Assessment
A. Walter P Moore will perform an onsite visual observation of the structures within
the two districts described in the proposal letter. This observation will be
directed to determine presence of unreinforced masonry common walls and
evaluate condition of the visible exterior masonry walls. The site visit/s will be
done at a time mutually acceptable to Walter P Moore and the CLIENT who will
provide list of structures to be evaluated in a Microsoft Excel format. Walter P
Moore assumes that the CLIENT will provide information regarding each property
owner, address, and approximate date of construction. Walter P Moore assumes
that the CLIENT will provide a map of each district identifying an approximate
location of each property and its address. The assessment will be made from the
outside of the structures from the ground without removal of any finishes. Review
of the structures from the interior will not be performed as part of this
assessment.
B. Walter P Moore will provide a condition assessment plan for CLIENT's review prior
to commencement of work describing methodology and techniques of the
assessment for CLIENTs review and comments.
C. Walter P Moore will provide the CLIENT with applicable unreinforced masonry
wall questions to be used by the CLIENT in a survey to be sent by the CLIENT to
the building owners.
D. Walter P Moore will conduct the assessment collecting information about
structures, their general condition, construction materials used, and potential
presence of common walls. Assessment of approximately 100 structures will be
performed.
D. Walter P Moore will provide a Phase 1 report based on visual observations of
typical distress conditions for the structures that includes the following:
Page 2 of 2
1. Brief description of Walter P Moore's scope of services;
2. Executive summary of our findings from overall assessment;
3. List of structures visually assessed;
4. A one to two-page summary of each strucutre including the following:
a) Photo documentation of existing unreinforced masonry wall
condition
b) General observations of visible exterior walls and observed
distress of the wall
c) Brief discussion regarding potential for a common masonry wall
d) A rating for each structure based on agreed upon parameters.
5. General recommendations for further action that may be required for
typical structural distressed conditions.
E. Walter P Moore will participate in up to two onsite meetings and prepare brief
presentations of the findings if required. Walter P Moore assumes that the onsite
meetings will be held at a time prior or after the assessment.
III. Phase II: Additional Structural Services (Not included in this fee proposal)
Based on the findings of the Phase I investigation, further structural engineering services
may be advised. These services may be provided under separate proposal or as additional
services to this Agreement. These additional services are not included in these Basic
Services. Phase II services may include such items of work as:
A. Assessment of the interior side of the walls and interior structural framing.
B. Coordination of any testing and/or surveying services that Walter P Moore has
recommended in Phase I and the CLIENT has agreed to provide.
C. Assisting a contractor to develop a rough estimate of the costs required to
implement the repairs or other course of action recommended.
D. Preparation of structural design and/or construction documentation to remedy
any structural deficiencies found in Phase I that require correction to maintain
structural integrity.
E. Construction -related services related to the remedy of any noted structural
deficiencies.
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LIST OF STRUCTURES INCLUDED IN VISUAL ASSESSMENT
The following is a list of structures to be visually evaluated as part of the scope of services:
Structure #
Address(es) within Structure
1
101 W High
2
105 W High
3
109-111 W High
4
113-117 W High
5
302 Jefferson
6
306-308 Jefferson
7
100E High
8
102-104 E High
9
106-108 E High
10
110-112-114 E High
11
114A E High
12
116 E High
13
118 E High
14
120 E High
15
122 E High
16
124-126 E High
17
128 E High
18
130 E High
19
132 E High
20
306 Madison
21
202 E High
22
204 E High
23
206-210 E High
24
212 E High
25
218 E High
26
220 E High
27
222 E High
28
226 E High
29
232 E High
30
236 E High
31
240 E High
32
306 Monroe
33
308 Monroe
34
310-312 Monroe
35
300 E High
301 Monroe
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Strucutre #
Address(es) within Structure
36
304 E High
37
306 E High
38
308 E High
39
314 E High
40
231-237 E High
41
225-227 E High
42
223 E High
43
221 E High
44
215 E High
45
211 E High
46
209 E High
47
207 E High
48
205 E High
49
201-203 E High
50
229 Madison
51
227 Madison
52
225 Madison
53
223 Madison
54
221 Madison
55
219 Madison
56
210 Commercial Way
57
220 Madison
58
222-224 Madison
59
226 Madison
60
228 Madison
61
238 Madison
62
131 E High
63
129 E High
64
127 E High
65
125 E High
66
123 E High
67
121 E High
68
117 E High
69
115 E High
70
113 E High
71
111 E High
72
109 E High
73
107 E High
74
105 E High
75
103 E High
76
101 E High
227 Jefferson
Page 3 of 3
Strucutre #
Address(es) within Structure
77
225 Jefferson
78
216 Madison
79
214 Madison
80
212 Madison
81
208 Madison
82
109-111-113 Madison
83
115-117 Madison
84
205 E Capitol
85
207 E Capitol
86
211-213 E Capitol
87
215 E Capitol
88
217 E Capitol
89
221 E Capitol
90
223 E Capitol
91
225-227 E Capitol
92
114-118 E Dunklin
93
120-122 E Dunklin
94
124 E Dunklin
95
126 E Dunklin
96
128 E Dunklin
97
704 Madison
98
130 E Dunklin
99
610 Madison
100
620 Madison