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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 2 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 3 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. 4 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 5 I VAN ►•.• v.•, waiter ► .••••► p moore 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 if.• vo4 waiter ► CAW p moore e•. 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 4 h\ ,�•� •.•, walter ► AAV p moore 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. • ®\ if AV •••, waiter ► ••••.► p moore 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 Page 2 of 3 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