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HomeMy WebLinkAboutCouncil.Agenda.09-19-2011.PacketCITY COUNCIL REGULAR MEETING AGENDA Monday, September 19tH, 2011 CAPE GIRARDEAU, MISSOURI Harry E. Rediger, Mayor John Voss, Ward 1 Meg Davis Proffer, Ward 2 Debra Tracy, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Kathy Swan, Ward 6 Items for Discussion Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org Monday, September 19, 2011 Study Session 5:00 p.m. • Planning & Zoning Commission Report— Trey Bertrand • Tangible Results —Essential Services —Heather Brooks • Appearances regarding items not on the agenda • Agenda review No action will be taken during the study session Closed Session Following Study Session Items for Discussion: Confidential communication with the City Attorney, litigation, property acquisition and personnel, pursuant to RSMo. Sections 610.021(1), (2) and (3). The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). City Council Agenda Page 2 September 19, 2011 Regular Session 7:00 p.m. Invocation — Reverend Paul Short, St. Andrew Lutheran Church Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • None Communications/Reports • City Council • City Manager and Staff Public Hearings • None Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. Items listed on the agenda Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. 1. Approval of the following City Council meeting minutes: • September 6, 2011, regular and closed sessions • September 14, 2011, special session 2. BILL NO. 11-136, an Ordinance amending Chapter 7 of the City Code relating to the 2009 International Codes. Second and Third Readings. ReportNo. 11-188 City Council Agenda Page 3 September 19, 2011 3. BILL NO. 11-143, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of the property located at 820 North Sprigg Street, in the City and County of Cape Girardeau, Missouri, from C-1 to R- 5. Second and Third Readings. Report No. 11-189 4. BILL NO. 11-144, an Ordinance authorizing execution of an Air Traffic Control Tower Operating Assistance Grant Agreement with the Missouri Highways and Transportation Commission. Second and Third Readings. Report No. 11-190 5. BILL NO. 11-145, an Ordinance authorizing the Mayor to execute a special warranty deed to Vernon E. Rhodes Family Partners, L.P., and Rhodes Development Company, LLC, for unneeded right-of-way located between North Kingshighway and Kingsway Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 11-146, an Ordinance accepting permanent utility easements from Vernon E. Rhodes Family Partners, L.P., and Rhodes Development Company, LLC, for the development located between North Kingshighway and Kingsway Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. ReportNo. 11-191 6. BILL NO. 11-151, a Resolution authorizing the City Manager to execute a Pole Line Removal and Relocation agreement with Union Electric Company, d/b/a Ameren Missouri, for the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 11-193 7. BILL NO. 11-152, a Resolution authorizing the City Manager to execute a Contract with Jokerst, Inc. for Shawnee Park Center Paving Improvements, in the City of Cape Girardeau, Missouri. Reading and Passage. ReportNo. 11-194 8. BILL NO. 11-153, a Resolution authorizing the City Manager to execute an Agreement with Lappe Cement Finishing, Inc., for the Veterans Memorial Drive Phase I Project, for the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 11-195 9. BILL NO. 11-154, a Resolution authorizing the City Manager to execute an Agreement with ASA Asphalt, Inc. for the 2011 Asphalt Overlay Program, in the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 11-196 City Council Agenda Page 4 September 19, 2011 10. BILL NO. 11-155, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Southeast Missouri Hospital Association, for installation of fiber optic wiring on city right-of-way, in the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 11-197 Items Removed From Consent Agenda None New Ordinances 11. BILL NO. 11-149, an Ordinance approving the record plat of Lohmann Subdivision. First Reading. Report No. 11-198 12. BILL NO. 11-150, an Ordinance approving the record plat of Dombrowski's First Subdivision. First Reading. Report No. 11-199 Appointments None Other Business 13. A motion filing the recommendation of the Planning and Zoning Commission to reject the request of Shah Faisal for a Special Use Permit to allow Original Package Liquor Sales, Sunday Sales, at 238 North Fountain Street, in the RUMD (Residential Urban Mixed Use) District; or in the alternative a motion setting a public hearing on the request. Report No. 11-200 Meeting Adjournment Memos • Semi -Annual Summary of Transportation Trust I-IV Funds Memo No. 11-48 • Semi -Annual Summary of the Public Safety Trust Fund Memo No. 11-49 City Council Agenda Page 5 September 19, 2011 Advisory Board Minutes • River Campus Board of Managers, June 10, 2011 • Girardeau Goes Green Advisor, August 9, 2011 • planning and Zoning Commission, September 14, 2011 CO-NSENT Proceedings of the City Council, City of Cape Girard U Regular Session September 6 2011 11 REGULAR SESSION — SEPTEMBER 6, 2011 11 The Cape Girardeau City Council convened in regular session on Tuesday, September 6, 2011, at 7:00 p.m., with Mayor Harry Rediger presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider, Kathy Swan, Debra Tracy and John Voss present. Reverend Bob Towner, of Christ Episcopal Church, presented the invocation, and the Pledge of Allegiance was recited Prior to the regular session, the City Council convened in closed session for purposes of discussing property acquisition, confidential communications with legal counsel, and personnel pursuant to Section RSMo. 610.021(1), (2) and (3) upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Mr. Voss made a motion, seconded by Mrs. Tracy, to remove BILL NO. 11-139, an Ordinance authorizing applications to the Missouri Department of Social Services under the Emergency Shelter Grant Program, for the Safe House for Women, Inc., and the Salvation Army, from the Consent, Agenda and to approve the Agenda as amended. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Mr. Brian Noto appeared before the Council representing the Electric Vehicle Conversion Convention that will be held September 21-24 at the Cape Girardeau Regional Airport. There are 113 paid attendees, with 3.0 of those representing 12 countries, and there will be speakers from all over the world. There will be activities each day, with a road race and drag race on Friday, and all events are open to the public. Mr. Noto said that he will be working to hopefully make this an annualevent COMMUNICATIONS/REPORTS The Mayor said that he, Mrs. Swan, and City Manager Scott Meyer had attended the 2,100 cubic yard concrete pour last Tuesday at the Isle of Capri casino project. It was the second largest concrete pour in Cape Girardeau's history and lasted from 7:00 p.m. Tuesday to 7:00 a.m. Wednesday morning, to pour the casino basin. Mayor Rediger said that a committee from the Centenary United Methodist Church has organized litter pickup on Sprigg Street from Lexington Avenue to Southern Expressway, with a secondary site down Broadway, during the weekend of September 11. He said that as this new gaming operation nears opening, with a new opportunity to bring 1 million people to our city each year, all Cape Girardeau citizens need to be aware of litter and get more involved in trash pickup and litter control. Mayor Rediger said that he, Mrs. Swan, Mr. Meyer, and City Clerk Gayle Conrad will attend the Missouri Municipal League annual conference in Kansas City early next week. Mrs. Tracy said that she would convey any Council suggestions to the Girardeau Goes Green Advisory Committee, for example, having bags available for walkers to pick up trash. She said that if there is just one idea that could be implemented with some excitement, she would work to accomplish that. Proceedings of the City Council, City of Cape Girardepj Regular Session iez temher 6, 2011 U � Mrs. Schneider reported that there will be a report on the Boomers Project at the October 3, 2011, City Council meeting. She said the Council needs to set goals for where the City should be when the Boomer Projectkicks off in 16 months Mr. Meyer said that Ms. Joan Jones has invited the Council to attend the May Green Garden Fountain Street neighborhood block party on Saturday, October 15, 2011, from 11:00 a.m. to 2:00 p.m. He then announced the official commemoration of the September 1I tragedy at the grandstand of the SEMO District Fair at 3:00 p.m. this Sunday. Fire and Police Department personnel will be present. PUBLIC HEARINGS This being the date set for a public hearing to discuss the request of Crown Development of Jackson, LLC, to rezone the property at 820 North Sprigg Street to the R-5, high density multi- family residential zoning district, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 11-143 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE PROPERTY LOCATED AT 820 NORTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-1 TO R-5 Mrs. Schneider made a motion, seconded by Mrs. Swan to approve the first reading of BILL NO. I 1-143. Mr. Voss reiterated that the City was not planning to vacate the right-of-way for North Sprigg Street. He encouraged City staff to work with the developer and Southeast Missouri State University as Cape Girardeau moves to fill this area with high-density residential development, which will increase pedestrian traffic walking to the University campus. He said they need to plan now how to get the pedestrians across the street to the University safely, and to include those plans on the project site plan. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. CONSENT AGENDA A motion was made by Mrs. Tracy, seconded by Mrs. Proffer, to approve the following items on the Consent Agenda: City Council August 15, 2011, regular and closed session minutes. BILL NO. 11-132, AN ORDINANCE APPROVING THE RECORD PLAT OF GEORGIA PLACE. Second and third readings. BILL NO. 11-134, AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT, A TEMPORARY ACCESS EASEMENT, AND A PERMANENT UTILITY EASEMENT FROM FRONABARGER CONCRETERS, INC. ON PROPERTY AT 824 S. KINGSHIGHWAY. Second and third readings. Proceedings of the City Council, City of Cape Girard Regular Session September 6, 2011 r'9 BILL NO. 11-138, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR 1311 JEFFERSON STREET FOR THE COLLEGE/JEFFERSON NEIGHBORHOOD RESTORATION PROGRAM. Reading and passage. BILL NO. 11-140, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO PARTICIPATE IN NATURAL HAZARD MITIGATION AND TO WORK TOWARD BECOMING A SAFER COMMUNITY. Reading and passage. BILL NO. 11-141, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOKERST, INC. FOR THE COUNTY ROAD 618 LIFT STATION AND FORCE MAIN PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage. BILL NO. 11-142, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER 3 TO THE GENERAL SERVICES AGREEMENT WITH JACOBS ENGINEERING GROUP, INC. FOR THE WASTEWATER TREATMENT PLANT PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage. BILL NO. 11-147, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH RESIDENTS WHO LIVE ON WOODHAVEN ROAD, FOR A STREET SIGN AND STREET LIGHT NEAR THE INTERSECTION OF ROTARY DRIVE AND WOODHAVEN ROAD, IN THE CITY i OF CAPE GIRARDEAU, MISSOURI. Reading and passage. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 11-132 is ORDINANCE NO. 4265; BILL NO. I1-134 is ORDINANCE NO. 4266; BILL NO. 11-138 is RESOLUTION NO. 2640; BILL NO. 11-140 is RESOLUTION NO. 2641; BILL NO. 11-141 is RESOLUTION NO. 2642; BILL NO. 11-142 is RESOLUTION NO. 2643; and BILL NO. 11-147 is RESOLUTION NO. 2644. ITEMS REMOVED FROM CONSENT AGENDA BILL NO. 11-139 was presented as follows: A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR THE SAFE HOUSE FOR WOMEN, INC., AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS Mrs. Swan said there is a significant increase in the amount requested for the grant. She asked if the Salvation Army could use these increased funds for utility assistance. Mr. Meyer replied that the amount is the same as was requested in previous years, we just didn't receive the amount requested If the requested amount is received, the City will discuss with the Salvation Army including those funds in utility assistance. The grant funds are typically a passthrough, and he did not know if the amount could be increased for utility assistance. Development Services Director Kelly Green said that rent and utiliy assistance were outlined in each application. Proceedings of the City Council, City of Cape Girardeau-, ,VL 7 F Regular Session Sentemher 6, 2011 U Mr. Meyer said that staff will research to see if the amount allocated to utility assistance can be increased. Mrs. Swan asked if the City could include additional information in the application as to the amount of the utility fee increase to support their application. Mrs. Schneider asked if there are any other organizations besides the Safe House and the Salvation Army that can apply for the emergency shelter grant funds and provide utility assistance. Mr. Meyer answered that if there were other entities that would provide that type of service, the City would support their applications. Also, Mrs. Green said that this year there was only a three week time period to put together a grant application. Usually, they would have several months to prepare an application. Mrs. Tracy said that LOVE, Inc. also gives utility assistance. The City should look into whether they can apply for assistance under this program. Mrs. Swan asked if City staff could compile a list of local agencies that provide utility assistance and distribute information on this grant to those agencies. The reading of BILL NO. 11-139 was approved and the Resolution adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. BILL NO. 11-139 is RESOLUTION NO. 2645. NEW ORDINANCES BILL NO. 11-136 was given first reading as follows AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE RELATING TO THE 2009 INTERNATIONAL CODES Mr. Voss made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 11- 136. Mr. Lanzotti made an amending motion, seconded by Mr. Voss, to remove from Sec. 7-362 subparagraph (6) relating to Section R106.1.4, "Fire sprinkler system offer acknowledgement form," and subparagraph (8) relating to Section 8501.3, "Fire protection requirement." Mr. Voss said the Council had been asked to adopt the 2009 International Building Codes (IBC) and these two items were not in the 2009 amendments. Though both items have been championed by other sources, he said that he was concerned that R501.3 will increase home development costs, and R106.1.4 was addressed legislatively at the state level. Mr. Lanzotti said that he agreed, and the City should look at what other Cities are doing with the development code. Mrs. Swan agreed as well. Mrs. Tracy said that she felt it is a compromise for a nominal increase in building costs, and that the items would improve the safety of our fire department personnel, Mayor Rediger said that the 2009 IBC amendments have been vetted through the Board of Appeals and the public in open session. He said that he did not feel that RI 06.1.4 is another level of bureaucracy, and it is in the best interest of public safetyto approve it. Mrs. Swan said that the Board of Appeals approved the 2009 IBC, but she did not feel that a specific discussion of these two sections went through the vote and recommendation from the Board. Mr. Lanzotti said that the basis for his proposed amendment is that it would place the City at a developmental disadvantage, as the incremental costs will make housing more expensive. The City of Jackson is in the process of adopting the 2009 codes as well, and that could bring continuity to both communities. Proceedings of the City Council, City of Cape Girar Regular Session September 6, 2011 � IF The amendment was approved upon the following roll call vote: Schneider, nay; Swan, aye; Tracy, nay; Voss, aye; Lanzotti, aye; Proffer, aye; and Rediger, nay. The first reading of BILL NO. 11- 136 as amended was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 11-144 was given first reading as follows: AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION The first reading of BILL NO, 11-144 was approved upon Mrs. Schneider's motion, Mrs.Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 11-145 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO VERNON E. RHODES FAMILY PARTNERS, L.P., AND RHODES DEVELOPMENT COMPANY, LLC, FOR UNNEEDED RIGHT-OF-WAY LOCATED BETWEEN NORTH KINGSHIGHWAY AND KINGSWAY DRIVE,_ IN THE CITY OF CAPE The first reading of BILL NO. 11-145 was approved upon Mr. Lanzotti's motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 11-146 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT UTILITY EASEMENTS FROM VERNON E. RHODES FAMILY PARTNERS, L.P., AND RHODES DEVELOPMENT COMPANY, LLC, FOR THE DEVELOPMENT LOCATED BETWEEN NORTH KINGSHIGHWAY AND KINGSWAY DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 11-146 was approved upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 11-148 was given first reading as follows: AN ORDINANCE OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REAFFIRMING THE GROSS RECEIPTS TAXES TO BE IMPOSED UPON LIGHT AND POWER COMPANIES CONDUCTING BUSINESS WITHIN THE CITY, AND ENACTING A NEW SECTION 15-240 OF THE CITY CODE RELATED THERETO The first reading of BILL NO. 11-148 was approved upon Mrs. Schneider's motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Mr. Lanzotti noted that the second and third readings of BILL NO. 11-148 will be held at a special Council meeting at 5:00 p.m. on September 14, 2011. Proceedings of the City Council, City of Cape Girardeno 0 Regular Session September 6 2011 OTHER BUSINESS Mr. Don Howard, of 1100 Ranney Avenue, approached the podium and said that he asked to appear regarding the previously proposed utility assistance program. There are many people in Cape Girardeau who cannot afford the new utility increases, like those on social security and the disabled who are vulnerable and did not receive an increase in their benefits this year. Mr. Howard said that any assistance would be appreciated to help these people. Mayor Rediger replied that the City will not use taxpayer revenue to fund utility relief, but City staff is working to find other agencies that can offer utility assistance. Mr. Voss said that it is not the role of City government to subsidize others. It is the role of faith -based organizations to provide this assistance. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Harry E. Rediger, Mayor L. Conrad, City Clerk Proceedings of the City Council, City of Cape Girar�� Special Session September 14, 2011 SPECIAL SESSION —SEPTEMBER 14, 2011 The Cape Girardeau City Council convened in special session on Wednesday, September 14, 2011, at 5:00 p.m., with Mayor Pro Tempore Loretta Schneider presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider, Kathy Swan, Debra Tracy and John Voss present Mayor Harry Rediger was absent Mr. Voss made a motion, seconded by Mrs. Swan, to adopt the Agenda as presented. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Schneider, Swan, Tracy and Voss. Nays, none. Mayor Pro -Tem Schneider acknowledged a Proclamation issued by Mayor Harry Rediger recognizing and commending Southeast Missouri State University on the beginning of the 5`h season at the River Campus. There will be a kickoff open house on Saturday, September 11h, and the public is invited to attend. BILL NO. 11-148 was given second and third readings as follows: AN ORDINANCE OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REAFFIRMING THE GROSS RECEIPTS TAXES TO BE IMPOSED UPON LIGHT AND POWER COMPANIES The second and third readings of BILL NO. 11-148 were approved and the ordinance adopted upon Mrs. Swan's motion, Mrs. Tracy's second, and the following vote: Ayes, Lanzotti, Proffer, Schneider, Swan, Tracy, and Voss. Nays, none. BILL NO. 11-148 is ORDINANCE NO. 4267. There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Schneider, Swan, Tracy and Voss. Nays, none. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk ices Director al Building Codes and 2008 National Electrical Code .he provisions of the 2003 International Building Codes compiled by the [CC) and the 2002 National Electrical Code ;(NEC). Following the most uilding permitting and inspection program, the Insurance Services Office City consider adopting a more recent edition of the International Codes ;ode. Specifically, the ISO report pointed out that the currentlyadopted i five (5) years of issue. To be compliant with the ISO regulations, this option of the most recent editions at that time which were the 2009 ICC gal Electrical Code. Staff established a timeline of approximately twelve accomplish this task. In conjunction with the City's Board of Appeals, :nts for each of the codebooks proposed for adoption. The Board of ings for the past several months at their regularly scheduled meetings on month. < The Board has reviewed and discussed the 2009 editions of the ' 008 NEC. SION dewed the following codebooks of the 2009 International Code Series cal Code: iternational Building Code (IBC) rterrational Residential Code (IRC) iternational Plumbing Code (IPC) iternational Mechanical Code (IMC) iternational Fuel Gas Code,(IFGC) iternational Fire Code (IFC) itemational Energy Conservation Code (IECC) itemational Property Maintenance Code (IPMC) iternational Existing Building Code (IEBC) Fational Electrical Code (NEC) ries and the 2008 NEC will not have any significant financial impact on If adopted as recommended, staff will ultimately purchase equipment ions of the IECC. The enforcement of the provisions of this particular ess. Some current commercial and residential projects are designed to comply with this code but due to the City's decision not to adopt this co and inspection processes did not include detailed attention to the provisio As with adoption and implementation of most updated codes, the 2009 ICC series and the 2008 NEC contain provisions that are stricter in comparison to earlier editions. The stricter provisions generally impact the general public through increased cost of construction for items that are now required by the code but were not required in the previous editions. While these codes do contain such provisions, the Board's recommendations include the omission of some of the more costly revisions. STAFF RECOMMENDATION Having worked closely with the Board of Appeals during the review process, it is the recommendatior of staff that the 2009 ICC codes and the 2008 NEC be adopted as recommended by the Board. The Board of Appeals considered motions to recommend adoption of the various code books' previously listed during the regular meetings of the Board over the last several months. Each code book was considered separatelyand the appropriate motion was made and passed. It is the recommendation of the City of Cape Girardeau Board of Appeals that the 2009 ICG code editions and the 2008 NEC be adopted as amended. PUBLIC OUTREACH As previously indicated, the Board of Appeals has held a series of public hearings during the review process during which members of the general public, including contractors and tradesmen, could appear to present their comments or suggestions regarding adoption of the proposed codes. A'rrr A PMMF.NTR BILL NO. 11-136, Ordinance relating to the 2009 International C BILL NO. 11-136 AN ORDINANCE CITY CODE INTERNATIONAL ORDINANCE NO. AMENDING CHAPTER 7 OF THE RELATING TO THE 2009 CODES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 7-1 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Declaration of Public Necessity", reading as follows: Sec. 7-1. Declaration of public necessity. It is hereby found and determined that the adoption of the 2003 International Building Code, the 2003 International Plumbing Code, the 2003 International Mechanical Code, the 2003 International Fuel Gas Code. the 2002 National Electrical Code, 2003 ICC Electrical Code (Administrative Provisions), the 2003 International Fire Prevention Code, the 2003 International One and Two Family Residential Code, 2003 International property Maintenance Code, 2003 International Existing Building Code and the amendments and additions thereto as hereinafter delineated throughout Chapter 7 of the Code of Ordinances of the city, all to be known collectively as the "Cape Girardeau Construction Codes," is necessary for the establishment of minimum standards for the promotion of the public health and safety of the citizens of the city. is hereby !,repealed in its entirety and a new Section 7-1 entitled "Declaration of Public Necessity", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-1. Declaration of public necessity. It is hereby found and determined that the adoption of the 2009 International Building Codes, the 2009 International Plumbing Code, the 2009 International Mechanical Code, the 2009 International Fuel Gas Code, the 2008 National Electrical Code, the 2009 International Fire Prevention Code, the 2009 International One and Two Family Residential Code, the 2009 International Property -1- Maintenance Code, the 2009 International Existing Building Code, the 2009 International Energy Conservation Code and the amendments and additions thereto as hereinafter delineated throughout Chapter 7 of the Code of Ordinances of the city, all to be known collectively as the "Cape Girardeau Construction Codes," is necessary for the establishment of minimum standards for the promotion of the public health and safety of the citizens of the city. ARTICLE 2. Section 7-2 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Conflicting Provisions", reading as follows: Sec. 7-2. Conflicting provisions. Where the provisions of the 2003 edition of the International Building Code, the 2003 International One and Two Family Residential Code, the 2003 edition of the International Plumbing Code, the 2003 edition of the International Mechanical Code, the 2002 edition of the National Electrical Code, the 2003 ICC Electrical (Administrative Provisions), the 2003 edition of the International Fire Prevention Code and the 2003 International Fuel Gas Code, the 2003 International Property Maintenance Code, the 2003 International Existing Building Code are in conflict with the provisions of the Code of Ordinances of the city, the provisions of the Code of Ordinances shall prevail. is; hereby repealed in its entirety and a new Section 7-2 entitled "Conflicting Provisions is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-2. Conflicting provisions. Where the provisions of the 2009 edition of the International Building Code, the 2009 International One and Two Family Residential Code, the 2009 edition of the International Plumbing Code, the 2009 edition of the International Mechanical Code, the 2008 edition of the National Electrical Code, the 2009 edition of the International Fire Prevention Code, the 2009 edition of the International Fuel Gas Code, the 2009 edition of the International Property Maintenance Code, the 2009 edition of the International Existing Building Code and the 2009 International Energy Conservation Code are in conflict with the provisions of the Code of Ordinances of the -2- city, the provisions of the Code of Ordinances shall prevail. ARTICLE 3. Section 7-6(a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Permit/Inspection Fees - Building", reading as follows: Sec. 7-6. Permit/inspection fees. (a) Building. The 2003 International Building Code, section 108.2 is hereby modified, changed and amended to insert the following schedule of permit/inspection fees: (1) New construction and additions: a. 0 to 2,500 square feet --$0.05 per square foot (minimum $20.00). b. 2,501 to 10,000 square feet --$125.00 plus $.045 per square foot for area over 2,500 square feet. C. Over 10,000 square feet --$462.50 plus $3.75 each additional 1,000 square feet or portion thereof for area over 10,000 square feet. (2) Remodeling: a. $0 to $3,000--$20.00. b. $3,001 to $10,000--$20.00 plus $3.00 per $1,000 next $7,000.00. C. $10,001 to $50,000--$41.00 plus $2.00 each additional $1,000.00 next $40,000.00. d. $50,001 to $100,000--$121 plus $1.00 each additional $1,000.00 next $50,000. e. Over $100,000--$171.00 + $.50 each additional $1,000.00. (3) Signs and billboards: a. Any sign other than a billboard --$10.00. b. Any billboard --$30.00. -3- (4) Demolition --$10.00. (5) Reinspection Fees --$10.00 per inspection after the first two (2) inspections per item for corrections. is hereby re'ealed in its 'entirety, and a new Section 7-6(a) entitled "Permit/Inspection Fees - Building", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-6. Permit/inspection fees. (a) Fees. Permit and inspection fees shall be as indicated in the City Fee Schedule." ARTICLE 4. Section 7-7 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Exemptions from Permit or Inspection Fees", reading as follows: Sec. 7-7. Exemptions from permit and inspection fees. The following operations are exempt from the terms and provisions of this chapter requiring a permit and inspection fees: (1) Ordinary repairs, consisting entirely of replacements and not involving any changes in construction. (2) Minor alterations, not involving any change in major structural parts, such as walls, beams, girders, etc., or in chimneys, flues, means of ingress or egress. (3) One-story detached accessory structures with an area not exceeding one hundred (150) square feet and otherwise conforming to the provisions of this chapter. (4) New roof covering involving only the roof surface, and where the new covering complies with the provisions of this chapter. (5) Removable cloth awnings, when conforming to the provisions of this chapter. (6) Fences less than three feet. (7) Ordinary independent heating appliances, when installed in compliance with the provisions of this chapter, excepting permanent heating systems for buildings. ", r r < M :, ,:,1 w;'^? ,r [ " h , ?� yit B �srt6t and a new Section 7-7 entitled Exemptions =om Permit and Inspection Fees" is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-7. Exemptions from permit and inspection fees. Unless otherwise required by the City Code, the following operations are exempt from the terms and provisions of this chapter requiring a permit and inspection fees: (1) New roof covering involving only the roof surface, and where the new covering complies with the provisions of this chapter. (2) Ordinary independent heating appliances, when installed in compliance with the provisions of this chapter, excepting permanent heating systems for buildings. (3) One-story detached accessory structures with an area not exceeding one hundred fifty (150) square feet and otherwise conforming to the provisions of this chapter. ARTICLE 5. Section 7-27 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "International Building Code/2003—Adopted", eading as follows: Sec. 7-27. International Building Code/2003--Adopted. The city hereby adopts the 2003 edition of the International Building Code, published by Building Officials and Code Administrators International, Inc., as amended in section 7-28 of this Code. Three (3) copies of the 2003 edition of the International Code Council, Inc., are on file in the office of the city clerk and are available for public use, inspection and examination. The 2003 edition of the International Building Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. is hereby repealed in its entirety, and a new Section 7-27 entitled "International Building Code/2009—Adopted", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-27. International Building Code/2009--Adopted. The city hereby adopts the 2009 edition of the International Building Code, published by International Code Council, Inc., as amended in section 7-28 of this Code. Three (3) copies of the 2009 edition of the International Building Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International -5- Building Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. ARTICLE 6. Section 7-28 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Same—Amendments", reading as follows: Sec. 7-28. Same --Amendments. The International Building Code adopted by this article is hereby modified and amended in the following respects: (1) Section 101.1 is hereby modified, changed and amended to read as follows: "Title. These regulations shall be known as the building code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code." (2) Section 103.1 is hereby modified, changed and amended to read as follows: "Creation of Enforcement Agency. The Division of Inspection Services is hereby created and the official in charge shall be known as the building official." (3) Section 103.2, is hereby modified, changed and amended to read as follows: "Appointment. The code official shall be appointed by the city manager." (4) Section 105.1.1, Annual permit is hereby repealed in its entirety. (5) Section 105.1.2 Annual permit records is hereby repealed in its entirety. (6) Section 112.3 Qualifications is hereby repealed in its entirety and Appendix B Board of Appeals is substituted in its stead. (7) Section B101.2 is hereby modified, changed and amended to read as follows: "Membership of the Board: The board of appeals shall consist of seven (7) members who shall serve for terms of five (5) years each and shall be appointed by formal motion and majority action of the City Council. Thereafter, each new member shall serve for five (5) years or until a successor has been appointed." (8) Section B101.2.1 is hereby modified, changed and amended to read as follows: "Alternate members. The City Council may appoint two (2) alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, and shall be appointed for five (5) years or until a successor has been appointed." (9) Section B01.2.2. The first paragraph is hereby modified, changed and amended to read as follows: "Qualifications. The board of appeals shall consist of seven (7) individuals who shall be residents of the city, not more than two (2) from each of the following professions or disciplines: Registered design professional that is a registered architect or builder or superintendent of building construction with at least 10 years experience; registered design professional with structural engineering or architectural experience; registered design professional with mechanical or plumbing, engineering experience or a mechanical or plumbing contractor with 10 years experience; registered design professional with electrical engineering experience or an electrical contractor with at least 10 years experience; registered design professional with fire protection engineering experience or a fire protection contractor with at least 10 years experience." (10) Section B101.3.3 Postponed Hearing is hereby modified, changed and amended to read as follows: "Postponed Hearing. When a full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing." (11) Section B101.4 Board Decision is hereby created to read as follows: "Board Decision. The board shall modify or reverse the decision of the code official by a concurring vote given by the majority of the members present at a meeting where a quorum exists." (12) Section 113.4 is hereby created to read as follows: "Violation Penalties. The violation of this section shall be punished by a fine not exceeding five hundred -7- dollars ($500.00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment." (13) Section 114.3 is hereby modified, changed and amended to read as follows: "Unlawful Continuance. The violation of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (30 months, or by both such fine and imprisonment." (14) Section 1612.3 is hereby created to read as follows: "Establishment of Flood Hazard Areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the City of Cape Girardeau, Missouri," latest edition of the flood map, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. (15) Section 3107.2, Bonds and Liability Insurance, is hereby modified, changed and amended to read as follows: "Filing. A person shall not erect, install, remove, rehang or maintain over public property any sign for which a permit is required under the provisions of this Code until an approved bond shall have been filed in the sum of one million dollars ($1,000,000.00) as herein required or until an insurance policy shall have been filed for public liability in the amount of one million dollars ($1,000,000.00) per accident and for property damage in the amount of one hundred thousand dollars ($100,000.00) as herein required. (16) Section 3107.2.1 Signs, General, is hereby created to read as follows: "Conditions. Such bond or insurance policy shall protect and hold the jurisdiction harmless from any and all claims or demands for damages by reason of any negligence of the sign hanger, contractor or agent, or by any reason of defects in the construction, or damages resulting from �E the collapse, failure or combustion of the sign or parts thereof. (17) Section 3107.2.2 Signs, General is hereby created to read as follows: "Notice of Cancellation. The obligation herein specified shall remain in force and in effect during the life of every sign and shall not be canceled by the principal or surety until after a thirty (30) day notice to the code official." (18) Section 3401.2 is hereby modified, changed and amended to read as follows: "Maintenance and Repairs. The owner shall be responsible for the maintenance and repair of structures in accordance with the maintenance requirements of the code, the Cape Girardeau Property Maintenance Code and the Fire Prevention Code listed in Chapter 35." (19) Section 3401.2.1 is hereby created to read as follows: "Periodic Testing. The owner shall be responsible for periodic tests and inspections of all equipment where required by this code, the Cape Girardeau Property Maintenance Code and the Fire Prevention Code listed in Chapter 35." (20) Section 3410.2 Applicability is hereby modified, changed and amended to read as follows: "Applicability. Structures existing prior to date of adoption of this code, in which there is work involving additions, alterations or changes of occupancy, shall be made conform to the requirements of this section or the provisions of Section 3403 through 3407. The provisions in Section 3410.2.1 through 3410.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Use Groups A,B,E,F,M,R,S and U. These provisions shall not apply to buildings with occupancies in Use Group H or I." is hereby repealed in its entirety, and a new Section 7-28 entitled "Same -- Amendments" is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-28. Same --Amendments. The 2009 International Building Code adopted by this article is hereby modified and amended in the following respects: a'E (1) Section 101.1 is hereby modified, changed and amended to read as follows: "Title. These regulations shall be known as the building code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code." (2) Section 103.1 is hereby modified, changed and amended to read as follows: "Creation of Enforcement Agency. The Division of Inspection Services is hereby created and the official in charge shall be known as the building official." (3) Section 103.2, is hereby modified, changed and amended to read as follows: "Appointment. The code official shall be appointed by the city manager." (4) Section 105.1.1, Annual permit is hereby repealed in its entirety. (5) Section 105.1.2 Annual permit records is hereby repealed in its entirety. (6) Section 109.7 Re -inspection Fee add "a re -inspection fee, as established in the City Fee Schedule, after the third inspection for similar inspections. (7) Section 113.3 Qualifications is hereby repealed in its entirety and Appendix B Board of Appeals is substituted in its stead. (8) Section B101.2 is hereby modified, changed and amended to read as follows: "Membership of the Board: The board of appeals shall consist of seven (7) members who shall serve for terms of five (5) years each and shall be appointed by formal motion and majority action of the City Council. Thereafter, each new member shall serve for five (5) years or until a successor has been appointed." (9) Section B101.2.1 is hereby modified, changed and amended to read as follows: "Alternate members. The City Council may appoint two (2) alternate members who shall be called by the board chairman to hear appeals during the absence or disqualification of a member. Alternate members shall possess the qualifications required for board membership, -10- and shall be appointed for five (5) years or until a successor has been appointed." (10) Section B01.2.2. The first paragraph is hereby modified, changed and amended to read as follows: "Qualifications. The board of appeals shall consist of seven (7) individuals who shall be residents of the city, not more than two (2) from each of the following professions or disciplines: Registered design professional that is a registered architect or builder or superintendent of building construction with at least 10 years experience; registered design professional with structural engineering or architectural experience; registered design professional with mechanical or plumbing, engineering experience or a mechanical or plumbing contractor with 10 years experience; registered design professional with electrical engineering experience or an electrical contractor with at least 10 years experience; registered design professional with fire protection engineering experience or a fire protection contractor with at least 10 years experience." (11) Section B101.3.3 Postponed Hearing is hereby modified, changed and amended to read as follows: "Postponed Hearing. When a full board is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing." (12) Section B101.4 Board Decision is hereby created to read as follows: "Board Decision. The board shall modify or reverse the decision of the code official by a concurring vote given by the majority of the members present at a meeting where a quorum exists." (13) Section 114.4 is hereby created to read as follows: "Violation Penalties. The violation of this section shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment not exceeding three (3) months, or by both such fine and imprisonment." (14) Section 115.3 is hereby modified, changed and amended to read as follows: "Unlawful Continuance. The violation of this section shall be punished by a fine not exceeding five hundred -11- dollars ($500.00) or by imprisonment not exceeding three (30 months, or by both such fine and imprisonment." (15) Section 202 definitions amend Sleeping Unit to Read as follows: "Sleeping Unit. Is defined to mean any room in the dwelling that is greater than seventy (70)square feet and has a built in closet space and typically could be used as a bedroom. This does not include rooms used for cooking, eating, family living or gathering and excludes bathrooms, toilet rooms, halls, storage, utility and workshop space and all unconditioned space." (16) Section 1008.1.9.8 is hereby amended to read as follows: "Electromagnetically locked egress doors. Doors in the means of egress that are not otherwise require to have panic hardware in buildings with an occupancy in Group A, B, E, M, R-1, R-2, I-1 and I-2. (17) Section 1013.7 is hereby created to read as follows: "Horizontal balusters. Shall be prohibited In locations where guards are required." (18) Section 1612.3 is hereby created to read as follows: "Establishment of Flood Hazard Areas. To establish flood hazard areas, the governing body shall adopt a flood hazard map and supporting data. The flood hazard map shall include, at a minimum, areas of special flood hazard as identified by the Federal Emergency Management Agency in an engineering report entitled "The Flood Insurance Study for the City of Cape Girardeau, Missouri," latest edition of the flood map, as amended or revised with the accompanying Flood Insurance Rate Map (FIRM) and flood Boundary and Floodway Map (FBFM) and related supporting data along with any revisions thereto. The adopted flood hazard map and supporting data are hereby adopted by reference and declared to be part of this section. (19) Section 3107.2, Bonds and Liability Insurance, is hereby modified, changed and amended to read as follows: "Filing. A person shall not erect, install, remove, rehang or maintain over public property any sign for -12- which a permit is required under the provisions of this Code until an approved bond shall have been filed in the sum of one million dollars ($1,000,000.00) as herein required or until an insurance policy shall have been filed for public liability in the amount of one million dollars ($1,000,000.00) per accident and for property damage in the amount of one hundred thousand dollars ($100,000.00) as herein required. (20) Section 3107.2.1 Signs, General, is hereby created to read as follows: "Conditions. Such bond or insurance policy shall protect and hold the jurisdiction harmless from any and all claims or demands for damages by reason of any negligence of the sign hanger, contractor or agent, or by any reason of defects in the construction, or damages resulting from the collapse, failure or combustion of the sign or parts thereof. (21) Section 3107.2.2 Signs, General is hereby created to read as follows: "Notice of Cancellation. The obligation herein specified shall remain in force and in effect during the life of every sign and shall not be canceled by the principal or surety until after a thirty (30) day notice to the code official." (22) Section 3401.2 is hereby modified, changed and amended to read as follows: "Maintenance and Repairs. The owner shall be responsible for the maintenance and repair of structures in accordance with the maintenance requirements of the code, the Cape Girardeau Property Maintenance Code and the Fire Prevention Code listed in Chapter 35." (23) Section 3401.2.1 is hereby created to read as follows: "Periodic Testing. The owner shall be responsible for periodic tests and inspections of all equipment where required by this code, the Cape Girardeau Property Maintenance Code and the Fire Prevention Code listed in Chapter 35." (24) Section 3410.2 Applicability is hereby modified, changed and amended to read as follows: "Applicability. Structures existing prior to date of adoption of this code, in which there is work involving -13- additions, alterations or changes of occupancy, shall be made conform to the requirements of this section or the provisions of Section 3403 through 3407. The provisions in Section 3410.2.1 through 3410.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Use Groups A,B,E,F,M,R,S and U. These provisions shall not apply to buildings with occupancies in Use Group H or I." ARTICLE 7. Section 7-52 of the Code of Ordinances of the City of Cape Girardeau entitled "International Plumbing Code/2003—Adoption", reading as follows: Sec. 7-52. International Plumbing Code/2003 --Adoption. The city hereby adopts the 2003 edition of the International Plumbing Code published by the International Code Council, Inc, as amended in section 7-53 of this Code. Three (3) copies of the 2003 edition of the International Plumbing Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2003 edition of the International Plumbing Code are hereby incorporated into the Code of Ordinances of the city reference as though fully set out herein. is herebyrepealed`in its entirety, and a new Section 7-52 entitle "International Plumbing Code/2009—Adopted" is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-52. International Plumbing Code/2009--Adoption. The city hereby adopts the 2009 edition of the International Plumbing Code published by the International Code Council, Inc., as amended in section 7-53 of this Code. Three (3) copies of the 2009 edition of the International Plumbing Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International Plumbing Code is hereby incorporated into the Code of Ordinances of the city by reference as though fully set out herein. ARTICLE 8. Section 7-53 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Same --Amendments", reading as follows: Sec. 7-53. Same --Amendments. The International Plumbing Code adopted by this article is hereby modified and amended in the following respects: (1) Section 101.1 is amended to read as follows: -14- "Title. These regulations shall be part of the plumbing code of the City of Cape Girardeau, Missouri, hereinafter referred to, as "this code." (2) Section 102.2 is amended to read as follows: "Existing Installation. The legal use and occupancy of any structure existing on the date this code is adopted, or for which it had been heretofore approved, may be continued without change except as may be specifically covered in this code or deemed necessary by the code official for the general safety and welfare of the occupants and the public." (3) Section 103.2 is hereby amended to read as follows: "Appointment. The code official shall be appointed by the city manager." (4) Section 106.6.2, Fee schedule, is hereby amended to read as follows: "Fee schedule. The fees for all plumbing work shall be as indicated in the following schedule: City Fee Schedule" (5) Section 106.6.3, Fee Refunds, is hereby deleted. (6) Section 109.1 is hereby repealed and a new section 109.1 entitled "Means of Appeal" is hereby enacted as follows: "Means of appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals as set out in section 112.1 of the International Building Code/2003, as amended." (7) Section 109.2, Membership of Board, is hereby modified, changed and amended to read as follows: "Membership to the Board of Appeals shall be according to Section 112.3 of the 2003 International Building Code, as amended." (8) Section 305.6, Freezing, is hereby modified, changed and amended, to read as follows: "A water, soil, or waste pipe shall not be installed outside of a building, or concealed in outside wails or in any place subject to freezing temperatures, unless adequate provision is made to protect such pipe from freezing by insulation or heat or both. Water service -15- piping shall be installed below recorded frost penetration but not less than twenty-four (24) inches below grade." (9) Section 305.6.1 is amended to read as follows: "Building sewer lines shall be a minimum of thirty-six (36) inches below grade if of PVC or clay tile material and a minimum of six (6) inches below grade if of cast iron, ductile iron or concrete encased material." (10) Section 306.3 is hereby repealed and a new section 306.3 entitled "Backfilling" is hereby enacted as follows: "Backfilling: On areas other than public rights-of-way, public easements and under structures, loose earth, crushed rock, free of boulders, broken concrete, frozen chunks and other rubble, shall be placed in the trench. The backfill under and beside the pipe shall be compacted for pipe support. Backfill shall be brought up evenly on both sides of the pipe so that it retains alignment. Backfill procedures under streets, alleys, rights-of-way or public easements and structures will be placed in accordance with city standard specifications in the city engineer's office. More stringent specifications as drawn on individual plans shall supersede this section." (5) Section 608.16(2), Connection to Boilers, is hereby amended as follows: "Connection to Boilers. The potable supply to the boiler shall be protected by an air gap or a reduced pressure principle backflow preventor complying with ASSE 1013, CSA CAN/CSA B64.4 or AWWA C511. Where conditioning chemicals are introduced into the system, the potable water connection shall be protected by an air gap or a reduced pressure principle backflow preventor complying with ASSE 1013, CSA CAN/CSA B64.4 or AWWA C511." (6) Section 608.16(5), Connection to Lawn irrigation Systems, is hereby amended as follows: "Connection to Lawn Irrigation Systems. The potable supply to a lawn irrigation system shall be protected against backflow by a reduced pressure principle backflow preventor. Where chemicals are introduced into the system, the potable water supply shall be protected -16- against backflow by a reduced pressure principle backflow preventor." (7) Section 703.6, Minimum size building sewer is hereby amended as follows: "Minimum Size of Building Sewer. The gravity building sewer shall not be less than four (4) inches (76mm) in size." (14) Section 710.3, Underground Drainage Piping, is hereby amended as follows: "Underground Drainage Piping. Any portion of the drainage system installed underground or below a basement or cellar shall not be less than two (2) inches (51mm) in diameter." (15) Section 904.1, Roof Extension, is hereby amended as follows: "Roof Extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches above the roof, except where a roof is to be used for any purpose other than weather protection, the vent extension shall run at least 7 feet (214mm) above the roof." is hereby repealed in its entirety, and a new Section 7-53 entitled "Same -- Amendments" is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-53. Same --Amendments. The 2009 International Plumbing Code adopted by this article is hereby modified and amended in the following respects: (1) Section 101.1 is amended to read as follows: "Title. These regulations shall be part of the plumbing code of the City of Cape Girardeau, Missouri, hereinafter referred to, as "this code." (2) Section 102.2 is amended to read as follows: "Existing Installation. The legal use and occupancy of any structure existing on the date this code is adopted, or for which it had been heretofore approved, may be continued without change except as may be specifically covered in this code or deemed necessary by the code official for the general safety and welfare of the occupants and the public." -17- (3) Section 103.2 is hereby amended to read as follows: "Appointment. The code official shall be appointed by the city manager." (4) Section 106.6.2, Fee Schedule, is hereby deleted. (5) Section 106.6.3, Fee Refunds, is hereby deleted. (6) Section 109.1 is hereby repealed and a new section 109.1 entitled "Application of Appeal" is hereby enacted as follows: "Application of appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals as set out in section 112.1 of the International Building Code/2009, as amended." (7) Section 109.2, Membership of Board, is hereby modified, changed and amended to read as follows: "Membership to the Board of Appeals shall be according to Section 112.3 of the 2009 International Building Code, as amended." (8) Section 305.6, Freezing, is hereby modified, changed and amended, to read as follows: "A water, soil, or waste pipe shall not be installed outside of a building, or concealed in outside walls or in any place subject to freezing temperatures, unless adequate provision is made to protect such pipe from freezing by insulation or heat or both. Water service piping shall be installed below recorded frost penetration but not less than twenty-four (24) inches below grade." (9) Section 305.6.1, Sewer Depth, is amended to read as follows: "Building sewer lines shall be a minimum of thirty-six (36) inches below grade if of PVC or clay material and a minimum of six (6) inches below grade if of cast iron, ductile iron or concrete encased material." (10) Section 608.16(2), Connection to Boilers, is hereby amended as follows: "Connection to Boilers. The potable supply to the boiler shall be protected by an air gap or a reduced pressure principle backflow preventor complying with ASSE 1013, CSA CAN/CSA B64.4 or AWWA C511. Where conditioning chemicals are introduced into the system, the potable water connection shall be protected by an air gap or a reduced pressure principle backflow preventor complying with ASSE 1013, CSA CAN/CSA B64.4 or AWWA C511." (11) Section 608.16(5), Connections to Lawn Irrigation Systems, is hereby amended as follows: "Connections to Lawn Irrigation Systems. The potable water supply to a lawn irrigation system shall be protected against backflow by a reduced pressure principle backflow preventor. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventor." (12) Section 703.6, Minimum size of building sewer, is hereby amended as follows: "Minimum Size of Building Sewer. The gravity building sewer shall not be less than four (4) inches (76mm) in size." (13) Section 710.3, Underground Drainage Piping, is hereby amended as follows: "Underground Drainage Piping. Any portion of the drainage system installed underground or below a basement or cellar shall not be less than two (2) inches (51mm) in diameter." (8) Section 904.1, Roof Extension, is hereby amended as follows: "Roof Extension. All open vent pipes that extend through a roof shall be terminated at least six (6) inches above the roof, except where a roof is to be used for any purpose other than weather protection, the vent extension shall run at least 7 feet (214mm) above the roof." ARTICLE 9. Section 7-177 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "International Mechanical Code/2003— Adopted", reading as follows: Sec. 7-177. International Mechanical Code/2003--Adopted. The city hereby adopts the 2003 edition of the International Mechanical Code, published by the International Code Council, Inc., -19- as amended in section 7-178 of this Code. Three (3) copies of the 2003 edition of the International Mechanical Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2003 edition of the International Mechanical Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. is hereby` repealed in its 'enti'rety, and a new Section 7-177 entitled "International Mechanical Code/2009—Adopted" is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-177. International Mechanical Code/2009--Adopted. The city hereby adopts the 2009 edition of the International Mechanical Code, published by the International Code Council, Inc., as amended in section 7-178 of this Code. Three (3) copies of the 2009 edition of the International Mechanical Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International Mechanical Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. ARTICLE 10. Section 7-178 of the code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Same—Amendments", reading as follows: Sec. 7-178. Same --Amendments. The 2003 International Mechanical Code adopted by this article is hereby modified and amended in the following respects: (1) Section 101.1 shall read as follows: "Title. This code shall be part of the mechanical code of the City of Cape Girardeau hereinafter referred to as the mechanical code or "this code." (2) Section 103.1, General, is hereby deleted. (3) Section 103.2, Appointment is hereby amended to read as follows: "Appointment. The code official shall be appointed by the city manager." (4) Section 106.5.2, Fee schedule, is hereby repealed and a new section 106.5.2 entitled "Fee Schedule" is hereby enacted as follows: "Fee Schedule. The fees for mechanical work shall be as indicated in the City Fee Schedule." -20- (5) Section 106.5.3 Fee Refunds, is hereby deleted. (6) Section 108.4, Violation Penalties, is hereby deleted. (7) Section 109.0 is hereby repealed and a new section 109.0 entitled "Means of Appeal" is hereby enacted as follows: "Means of appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals as set out in section 112.1 of the International Building Code/2003, as amended." (8) Table 305.4 Piping Support Spacing, copper or copper - alloy pipe, copper or copper -alloy tubing - 1 9" diameter and smaller and copper or copper -alloy tubing - 1 '-�" diameter and larger is hereby deleted. is hereby repealed iniits entirety, and a new Section 7-178 entitled "Same— Amendments" is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-178. Same --Amendments. The 2009 International Mechanical Code adopted by this article is hereby modified and amended in the following respects: (1) Section 101.1 shall read as follows: "Title. This code shall be part of the mechanical code of the City of Cape Girardeau hereinafter referred to as the mechanical code or "this code." (2) Section 103.1, General, is hereby deleted. (3) Section 103.2, Appointment, is hereby amended to read as follows: "Appointment. The code official shall be appointed by the city manager." (4) Section 106.5.2, Fee schedule, is hereby amended to read as follows: "Fee schedule. The fees for all mechanical work shall be as indicated in the following schedule: City Fee Schedule" (5) Section 106.5.3, Fee Refunds, is hereby deleted. -21- (6) Section 108.4, Violation Penalties, is hereby deleted. (7) Section 109.0 is hereby repealed and a new section 109.0 entitled "Means of Appeal" is hereby enacted as follows: "Means of appeal. Any person shall have the right to appeal a decision of the code official to the board of appeals as set out in section 112.1 of the International Building Code/2009, as amended." ARTICLE 11. Section 7-212 through 7-216 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 7-212. National Electrical Code --Adopted. The city hereby adopts the 2002 edition of the National Electrical Code, published by the National Fire Protection Association, and the 2003 ICC Electrical Code (Administrative Provisions) published by the International Code Council, Inc. Three (3) copies of the 2002 edition of the National Electrical Code, published by the National Fire Protection Association, and the 2003 ICC Electrical Code (Administrative Provisions), published by the International Code Council, Inc., are on file in the office of the city clerk and are available for public use, inspection and examination. The 2002 edition of the National Electrical Code and the 2003 ICC Electrical Code (Administrative Provisions) are hereby incorporated herein by reference into the Code of Ordinances of the city as though fully set out herein. Sec. 7-213. Permit required; application. No alterations or additions shall be made in the existing wiring of any building, nor shall any building be wired for the placing of any electric lights, motors, heating devices, or any apparatus requiring the use of electrical current, nor shall any alterations be made in the wiring in any building after inspection, rrxcept minor repair work, such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords, without first securing a permit therefore from the electrical inspector. (Ord. No. 935, arta 8, 10-22-90) Sec. 7-214. Temporary permit; issuance. The electrical inspector may, in his discretion, give temporary permission for a reasonable time to supply current in part of any electric installation before such installation has been fully completed. (Ord. No. 935, art. 8, 10-22-90) -22- Sec. 7-215. Inspection of installations required. (a) The person installing the wiring of any building shall upon completion notify the electrical inspector, who shall inspect the installation within twenty-four (24) hours. If any part of the wiring is to be concealed from view before or upon completion, no person shall cover or cause to be covered up any such wiring until the electrical inspector has inspected and approved the wiring. In case of violation of this provision, the electrical inspector may order the removal of any such covering or lathing or flooring and he is not required to replace or renew it. (b) All necessary cutouts, cutout boxes or cabinets, fuses, switches, receptacles and other materials and devices shall be installed and all outlets properly connected before any certificate of final inspection will be issued. (Ord. No. 935, art. 8, 10-22-90) Sec. 7-216. - Unlawful to furnish current until certificate of final inspection obtained. It shall be unlawful to use or to permit the use of, or to supply current for, electric wiring for light, heat or power in any building or structure in the city until the certificate of final inspection has been issued by the electrical inspector. (Ord. No. 935, art. 8, 10-22-90) is hereby repealed in its entirety, and a new Section 7- 212 through 7-217 is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-212. 2008 National Electrical Code --Adopted. The city hereby adopts the 2008 edition of the National Electrical Code, published by the National Fire Protection Association, except such portions as are hereafter deleted, modified or amended. Three (3) copies of the 2008 edition of the National Electrical Code, published by the National Fire Protection Association, are on file in the office of the city clerk and are available for public use, inspection and examination. The 2008 edition of the National Electrical Code, are hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. Sec. 7-213. Same --Amendments. -23- The 2008 edition of the National Electrical Code adopted by the City of Cape Girardeau is hereby modified and amended in the following respects: Section 210.12 Arc -Fault Circuit -Interrupter Protection is hereby repealed in its entirety. Sec. 7-214. - Permit required; application. No alterations or additions shall be made in the existing wiring of any building, nor shall any building be wired for the placing of any electric lights, motors, heating devices, or any apparatus requiring the use of electrical current, nor shall any alterations be made in the wiring in any building after inspection, except minor repair work, such as repairing flush and snap switches, replacing fuses, changing lamp sockets and receptacles, taping bare joints and repairing drop cords, without first securing a permit therefore from the electrical inspector. (Ord. No. 935, art. 8, 10-22-90) Sec. 7-215. - Temporary permit; issuance. The electrical inspector may, in his discretion, give temporary permission for a reasonable time to supply current in part of any electric installation before such installation has been fully completed. (Ord. No. 935, art. 8, 10-22-90) Sec. 7-216. - Inspection of installations required. (a) The person installing the wiring of any building shall upon completion notify the electrical inspector, who shall inspect the installation within twenty-four (24) hours. If any part of the wiring is to be concealed from view before or upon completion, no person shall cover or cause to be covered up any such wiring until the electrical inspector has inspected and approved the wiring. In case of violation of this provision, the electrical inspector may order the removal of any such covering or lathing or flooring and he is not required to replace or renew it. (b) All necessary cutouts, cutout boxes or cabinets, fuses, switches, receptacles and other materials and devices shall be installed and all outlets properly connected before any certificate of final inspection will be issued. (Ord. No. 935, art. 8, 10-22-90) -24- Sec. 7-217. - Unlawful to furnish current until certificate of final inspection obtained. It shall be unlawful to use or to permit the use of, or to supply current for, electric wiring for light, heat or power in any building or structure in the city until the certificate of final inspection has been issued by the electrical inspector. (Ord. No. 935, art. 8 10-22-90) ARTICLE 12. Section 7-256 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "International Fire Prevention Code/2003—Adopted", reading as follows: Sec. 7-256. International Fire Prevention Code/2003--Adopted. The city hereby adopts the 2003 edition of the International Fire Prevention Code, published by International Code Council, Inc., except such portions as are hereafter deleted, modified or amended. Three (3) copies of the 2003 edition of the International Fire Prevention Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2003 edition of the International Fire Prevention Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. is hereby repealed in its; entirety, and a new Section 7-256 entitled "International Fire Prevention Code/2009—Adopted", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-256. International Fire Prevention Code/2009--Adopted. The city hereby adopts the 2009 edition of the International Fire Prevention Code, published by International Code Council, Inc., except such portions as are hereafter deleted, modified or amended. Three (3) copies of the 2009 edition of the International Fire Prevention Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International Fire Prevention Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. -25- ARTICLE 13. Section 7-257 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Same—Amendments", reading as follows: Sec. 7-257. Same --Amendments. The 2003 edition of the International Fire Prevention Code adopted by the City of Cape Girardeau is hereby modified and amended in the following respects: (1) Section 101.1 shall read as follows: "Title. These regulations shall be known as the fire prevention code of the City of Cape Girardeau, Missouri, and are herein referred to as the fire prevention code or as "this code." (2) Section 108.2 entitled, "Limitations on Authority", is hereby repealed in its entirety. A new section 108.2 entitled "Limitations on Authority" is hereby enacted as follows: "Limitations on Authority. Any person shall have the right to appeal a decision of the code official to the board of appeals. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted there under have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority or waive requirements of this code." (3) Section 307.2.2 is hereby modified, changed and amended by adding the following: " . . . or as otherwise provided by Chapter 3 "Air Pollution" in the Code of Ordinances of the City of Cape Girardeau." (4) Amend Section 505.1 to read as per Section 24.1 (a) of the Code of the Ordinances of the City of Cape Girardeau. -26- (5) Section 3301.103 is hereby modified, changed and amended to read as follows: "General. It shall be a violation of this code for any person to store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except as provided in chapter 11, article II, sections 11-46 through 11-54 of the Code of Ordinances of the City of Cape Girardeau, and except as provided in the rules and regulations issued for the granting of permits for supervised public displays of fireworks by the City of Cape Girardeau, fair associations, amusement parks and other organizations. Every such display shall be handled by an approved, competent operator. The fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the code official, will not be a hazard to property or endanger any person." (6) Section 3404.1.1 is hereby modified, changed and amended to read as follows: "Section 3401.1.1 Bulk, Processing and Industrial Plants. Bulk, processing or industrial plants, refineries or other plants and distilleries and all buildings, tanks and equipment used for the storage, processing distillation, refining or blending of flammable or combustible liquids shall be located, constructed and used in accordance with the building code and NFPA 30 listed in Appendix A and any other applicable law or ordinance of the City of Cape Girardeau." (7) A new Section 3401.1. shall be added which shall read as follows: "General, Above -ground storage tanks for the storage of combustible or flammable liquid shall be prohibited except as specifically provided for in this code." hereby, repealed in its entirety, and a new Section 7-257 entitled "Same—Amendments" is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-257. Same --Amendments. -27- The 2009 edition of the International Fire Prevention Code adopted by the City of Cape Girardeau is hereby modified and amended in the following respects: (1) Section 101.1 shall read as follows: "Title. These regulations shall be known as the fire code of the City of Cape Girardeau, Missouri, and are herein referred to as the fire code or as "this code." (2) Section 108.2 entitled, "Limitations on Authority", is hereby repealed in its entirety. A new section 108.2 entitled "Limitations on Authority" is hereby enacted as follows: "Limitations on authority. Any person shall have the right to appeal a decision of the code official to the board of appeals. An application for appeal shall be based on a claim that the intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equivalent method of protection or safety is proposed. The board shall have no authority to waive requirements of this code." (3) Section 307.2.2 is hereby modified, changed and amended by adding the following: NN . . . or as otherwise provided by Chapter 3 "Air Pollution" in the Code of Ordinances of the City of Cape Girardeau." (4) Amend Section 505.1 to read as per Section 24.1(a) of the Code of the Ordinances of the City of Cape Girardeau. (5) Section 3301.1.3 - is hereby modified, change and amended to read as follow: "General. It shall be a violation of this code to store, offer for sale, expose for sale, sell at retail, or use or explode any fireworks, except as provided in Chapter 11, Articles I and II, sections 11 - 48 through 11 - 52 of the Code of Ordinances for the City of Cape Girardeau, and except as provided in the 2 rules and regulations issued for the granting of permits for supervised public displays of fireworks by the City of Cape Girardeau, fair associations, amusement parks and other organizations. Every display shall be handled by an approved licensed competent operator. The fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the code official, will not be hazard to property or endanger any person." (6) A new Section 3401.1.1 shall be added which shall read as follows: "Section 3401.1.1. Bulk, Processing and Industrial Plants. Bulk, processing or industrial plants, refineries or other plants and distilleries and all buildings, tanks and equipment used for the storage, processing distillation, refining or blending of flammable or combustible liquids shall be located, constructed and used in accordance with the building code and NFPA 30 listed in Appendix A and any other applicable law or ordinance of the City of Cape Girardeau." (7) Section 3404.1 is hereby modified, changed and amended to read as follows: "General. Above ground storage tanks for the storage of combustible or flammable liquids shall be prohibited except as specifically provided for in this code. ARTICLE 14. Article VIII of the Code of Ordinances of the City of Cape Girardeau, Missouri entitled "Property Maintenance Code", reading as follows: ARTICLE VIII. INTERNATIONAL PROPERTY MAINTENACE CODE 2003 Sec. 7-301. Title This Article shall be known and may be cited as the "International Property Maintenance Code 2003". Sec. 7-302. International Property Maintenance Code/2003-Adopted. The city hereby adopts the 2003 edition of the -29- International Property Maintenance Code, published by the International Code Council, Inc., as amended in Section 7-365 of this Code. Three (3) copies of the 2003 edition of the International Property Maintenance Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2003 edition of the International Property Maintenance Code is hereby incorporated by reference into the Code of Ordinances of the city as though full set out herein. Sec. 7-303. Same -Amendments. (a) Section 101.1 is hereby modified, changed and amended to read as follows: "Title. These regulations shall be known as the Property Maintenance Code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code". (b) Section 103.2 is herby modified, changed and amended to read as follows: "Appointment. The code official shall be appointed by the city manager. (c) Section 103.5, Fees, is hereby repealed in its entirety. (d) Section 106.4, Violation Penalties, is hereby modified, changed and amended to read as follows: "Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction thereof, be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed as a separate offense." (e) Section 107.1, Nice to Person Responsible, is hereby modified, changed and amended to read as follows: "Notice to person responsible". Whenever the -30- code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 107.2 and 107.3 to the person responsible for the violation as specified in this code. (f) Section 107.2 (6), include a statement of the right to file a lien, is hereby repealed in its entirety. (g) Section 110, Demolition, is hereby repealed in its entirety. (h) Section 111.2, Membership of Board, is hereby modified, changed and amended to read as follows: "Membership of Board. The Board of appeals shall consist of seven (7) members as established in the International Building Code, Section 3101.2, as amended." (i) Section 111.2.1, Alternate members, is hereby modified, changed and amended to read as follows: "Alternate members. The city council may appoint two (2) alternate members as established in the International Building Code, Section B-101.2.1, as amended." (j) Section 111.4, Open hearing, is hereby modified, changed and amended to read as follows: "Open Hearing. All hearings before the board shall be opened to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard." (k) Section 111.6, Board decision, is hereby modified, changed and amended to read as follows: "Board decision. The board shall modify or reverse the decision of the code official by a concurring vote given by the majority of -31- the members present at a meeting where a quorum exists." (1) Section 111.7, Court review, is hereby deleted. (m) Section 302.3, Sidewalks and driveways, is hereby modified, changed and amended to read as follows: "Sidewalks and driveways. All sidewalks, walkways, driveways, parking spaces and similar areas on the subject property or up to the edge of the pavement or gravel line of the street or alley abutting the property shall be kept in a proper state of repair, and maintained free of hazardous conditions. (n) Section 302.4, Weeds, is hereby repealed in its entirety. (o) Section 304.2, Protective treatment, is hereby modified, changed and amended to read as follows: "Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight." (p) Section F304.3, Premises identification, is hereby modified, changed and amended to read as follows: "Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches high for residential structures and 6 inches high for -32- commercial structures with a minimum stroke width of 0.5. inch. �s %"re]ar ra��F7 LAS ni and a new Article VIII of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "International Property Maintenance Code 2009", in words and figures to read as follows: ARTICLE VIII. INTERNATIONAL PROPERTY MAINTENANCE CODE 2009 Sec. 7-301. Title. This Article shall be known and may be cited as the "International Property Maintenance Code 2009". Sec. 7-302. International Property Maintenance Code/2009—Adopted. The city hereby adopts the 2009 edition of the International Property Maintenance Code, published by the International Code Council, Inc., as amended in Section 7-365 of this Code. Three (3) copies of the 2009 edition of the International Property Maintenance Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International Property Maintenance Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. Sec. 7-303. Same -Amendments. (a) Section 101.1 is hereby modified, changed and amended to read as follows: "Title. These regulations shall be known as the Property Maintenance Code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code". (b) Section 103.2 is hereby modified, changed and amended to read as follows: "Appointment. The code official shall be appointed by the city manager. (c) Section 103.5, Fees, is hereby amended to read as follows: -33- "Fees. The fees for activities and services performed by the department in carrying out its responsibilities under this code shall be as indicated in the following schedule: City Fee Schedule" (d) Section 106.4, Violation Penalties, is hereby modified, changed and amended to read as follows: "Violation penalties. Any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall upon conviction thereof, be subject to a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or imprisonment for a term not to exceed ninety (90) days, or both, at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed as a separate offense." (e) Section 107.1, Notice to Person Responsible, is hereby modified, changed and amended to read as follows: "Notice to person responsible". Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section 107.2 and 107.3 to the person responsible for the violation as specified in this code." (f) Section 107.2(6), include a statement of the right to file a lien, is hereby repealed in its entirety. (g) Section 110, Demolition, is hereby repealed in its entirety. (h) Section 111.2, Membership of Board, is hereby modified, changed and amended to read as follows: "Membership of Board. The board of appeals shall consist of seven (7) members as established in the International Building Code, Section B101.2, as amended." -34- (i) Section 111.2.1, Alternate members, is hereby modified, changed and amended to read as follows: "Alternate members. The city council may appoint two (2) alternate members as established in the International Building Code, Section B-101.2.1, as amended." (j) Section 111.4, Open hearing, is hereby modified, changed and amended to read as follows: "Open hearing. All hearings before the board shall be opened to the public. The appellant, the appellant's representative, the code official and any person whose interests are affected shall be given an opportunity to be heard." (k) Section 111.6, Board decision, is hereby modified, changed and amended to read as follows: "Board decision. The board shall modify or reverse the decision of the code official by a concurring vote given by the majority of the members present at a meeting where a quorum exists." (1) Section 111.7, Court review, is hereby deleted. (m) Section 302.4, Weeds, is hereby repealed in its entirety. (n) Section 304.2, Protective treatment, is hereby modified, changed and amended to read as follows: "Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay -resistant woods, shall be protected from the elements and decay. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight." -35- (o) Section [F]304.3, Premises identification, is hereby modified, changed and amended to read as follows: "Premises identification. Buildings shall have approved address numbers complying with the provisions of Section 25-904 of the City Code. (p) Section 304.14 Insect screens is hereby modified, changed, and amended to read as follows: "Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition." ARTICLE 15. Section 7-360 of the Code of Ordinances of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Title" reading as follows: Sec. 7-360. Title. This article shall be known and may be cited as the International Residential Code for One and Two Family Dwellings Code 2003. aeby r�?ea]ed itsrt�a and a new Section 7-360 is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-360. Title. This article shall be known and may be cited as the International Residential Code for One and Two Family Dwellings Code 2009. ARTICLE 16. Section 7-361 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "International Residential Code for One and Two Family Dwellings/2003--Adopted" reading as follows: -36- Sec. 7-361. International Residential Code for One and Two Family Dwellings Code/2003-- Adopted. The city hereby adopts the 2003 edition of the International Residential Code for One and Two Family Dwellings, published by the International Code Council, Inc., as amended in Section 7-362 of this Code. Three (3) copies of the 2003 edition of the International Residential Code for One and Two Family Dwellings are on file in the office of the city clerk and are available for public use, inspection and examination. The 2003 edition of the International Residential Code for One and Two Family Dwellings, is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. isiherebyrepealed in its entirety and a new Section 7-361 is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-361. International Residential Code for One and Two Family Dwellings/2009--Adopted. The city hereby adopts the 2009 edition of the International Residential Code for One and Two Family Dwellings, published by the International Code Council, Inc., as amended in Section 7-362 of this Code. Three (3) copies of the 2009 edition of the International Residential Code for One and Two Family Dwellings are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International Residential Code for One and Two Family Dwellings is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. ARTICLE 17. Section 7-362 of the code of Ordinances of the City of Cape Girardeau, Missouri, entitled 'Same --Amendments" reading as follows: Sec. 7-362. Same --Amendments. The International Residential Code for One and Two Family Dwellings/2003 adopted by this article is hereby modified and amended in the following respects: -37- (1) Section R103.1, Creation of Enforcement Agency, is hereby modified, changed and amended as follows: "The Department of Inspection Services is hereby created and the official in charge thereof shall be known as the code official." (2) Section R105.2.1, Building, is hereby modified, changed and amended to read as follows: "One -story detached accessory structures, provided the floor area does not exceed 150 square feet." (3) Section R105.2.(2), Work exempt from permits, "Fences not over 6 fee (1829 mm) high" is hereby deleted. (4) Section R105.2. (3) Work exempt from permits, "Retaining walls that are not over 4 feet (1219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge" is hereby deleted. (5) Section R310.1.5, Emergency Escape and rescue Required; sleeping room definition is hereby added to read as follows: For the purposes of this Section, "Sleeping Room" is defined to mean any room in the dwelling that is greater than 70 square feet and has built in closet space and typically could be used as a bedroom. This does not include rooms used for cooking, eating, family living or gathering and excludes bathrooms, toilet rooms, halls, storage, utility and workshop space and all unconditioned space." (6) Table G2413.4 (3), "Semi Rigid Copper Tubing", is hereby deleted. (7) Table G2413.4 (4), "Semi Rigid Copper Tubing", is hereby deleted. (8) Section G2414.5 (4035), "Metallic Tubing", seamless copper is hereby deleted. (9) Section G2414.5.2, Copper Tubing, is hereby deleted. (10) Section G2414.10.2 (403.10.4), "Metallic Tubing", delete No. 2 "Fittings used with copper or brass pipe shall be copper, brass or bronze." (11) Section G2415 (404), "Piping System Installation," delete No. 1 Tubing joined by Braising. (12) Section G2417.4.1 (406.1), Test Pressure, is hereby modified, changed and amended to read as follows: "A low pressure air gauge may be substituted upon approval of the code official, in which case a pressure of twenty (20) pounds, shall be sustained by the piping for twenty (20) minutes." (13) Section G2417.4.1 (406.4.2) , Test Duration, is hereby modified, changed and amended to read as follows: "The test duration shall not be less than 20 minutes." (14) Section P2603.6, Freezing, is hereby modified, changed and amended to read as follows: "Water service piping shall be installed below recorded frost penetration but not less than twenty-four (24) inches below grade. Building sewer lines shall be a minimum of six (6) inches below grade if of cast iron, ductile iron, or concrete encased material." (15) Section P2603.6.1, Sewer Depth, is hereby modified, changed and amended to read as follows: "Building sewer that connects to private sewage disposal systems shall be minimum of 36" below finish grade at the point of septic tank connections. Building sewers shall be a minimum of 36" below grade." (16) Section P2902.4.1, Connections to Boilers hereby modified, changed and amended to read as follows: "The potable supply to the boiler shall be protected by an air gap or a reduced pressure -39- principle backflow preventor complying with ASSE 1013, CSA CAN/CSA B644 or AWWA C511. Where conditioning chemicals are introduced into the system, the potable water connection shall be protected by an air gap or a reduced pressure principle backflow preventor, complying with ASSE 1013, CSA CAN/CSA B644 or AWWA C511." (17) Section P2902.4.3, Lawn Irrigation Systems, is hereby modified, changed and amended to read as follows: "The potable supply to a lawn irrigation system shall be protected against backflow by a reduced pressure principle backflow preventor. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventor." (18) Section 23005.4, Drain Pipe Sizing, is hereby modified, changed and amended, to read as follows: "No building sewer shall be less than four (4) inches in diameter." (19) Section P3005.4.1, Fixtures Branch and Stack Sizing No. 1, is hereby modified, changed and amended to read as follows: "Branches and stacks shall be sized according to Table P3005.4.1. Below grad drain pipes shall not be less than two (2) inches (51mm) in diameter." (20) Section P3103.1, Roof extension, is hereby modified, changed and amended to read as follows: "All open vent pipes, which extended through a roof, shall be terminated at least six (6) inches above the roof. Except that where a roof is to be used for any purpose other than weather protection, the vent extensions shall be run at least 7 feet (2134mm) above the roof." (21) Section E3901.1 Applicability, is hereby modified, changed and amended to read as follows: "Applicability. The provisions of Chapter 33 through 42 shall establish the general scope of the electrical system and equipment requirements of this code. Chapters 33 through 42 cover those wiring methods and materials most commonly encountered in the construction of one and two family dwellings and structures regulated by this code. Others wiring methods, materials and subject matter covered in the 2002 National Electrical Code (NFPA 70-2002) are also allowed by the code." (22) Section E3901.2 Scope, is hereby modified, changed and amended to read as follows: "Scope. Electrical systems, equipment or components not specifically covered in these chapters shall comply with the applicable provisions of the 2002 National Electrical Code (NFPA 70-2002)." (23) Seismic Design. Pursuant to Section 319.203, RSMO, no provision of the International Code for One and Two Family Dwellings requiring seismic design and construction provisions shall apply to any single-family or duplex residence. is hereby repealed i,n its entirety and a new Section 7-362 is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-362. Same --Amendments. The International Residential Code for One and Two Family Dwellings/2009 adopted by this article is hereby modified and amended in the following respects: (1) Section R103.1, Creation of Enforcement Agency, is hereby modified, changed and amended as follows: "The Department of Inspection Services is hereby created and the official in charge thereof shall be known as the code official." -41- (2) Section R105.2.2, Building, is hereby modified, changed and amended to read as follows: "One-story detached accessory structures, provided the floor area does not exceed 150 square feet." (3) Section R105.2(2), Work exempt from permits, "Fences not over 6 feet (1829 min.) high" is hereby delete (4) Section R105.2 (3), Work exempt from permits, "Retaining walls that are not over 4 feet (1219 min.) in height measured form the bottom of the footing to the top of the wall, unless supporting a surcharge" is hereby deleted. (5) Section R105.2 (5), Work exempt from permits, "Sidewalks and driveways." (6) Section R310.1.5, Emergency Escape and Rescue Required; sleeping room definition is hereby added to read as follows: For the purposes of this Section, "Sleeping Room" is defined to mean any room in the dwelling that is greater than 70 square feet and has a built in closet space and typically could used as a bedroom. This does not include rooms used for cooking, eating, family living or gathering and excludes bathrooms, toilet rooms, halls, storage, utility and workshop space and all unconditioned space." (7) Table G2413.4 (13), "Semi Rigid Copper Tubing" is hereby deleted. (8) Table G2413.4 (14) "Semi Rigid Copper Tubing", is hereby deleted. (9) Section G2414.4(15)," Semi Rigid Copper Tubing", Seamless copper is hereby deleted. (10) Section G2414.5.(403.5), Seamless Copper, is hereby deleted. (11) Section G2414.5.2 (403.5.2) "Copper Tubing", is hereby deleted." (12) Section G2414.10.4(403.10.4), Metallic fittings: Delete No. 2 "fittings used with -42- copper or brass pipe shall be copper, brass or bronze." (13) Section G2415.3 (404), Piping in concealed Locations: Delete exception No. 1 "Tubing joined by brazing." (14) Section G2417.4.1 (406.4.1), Test pressure, is hereby modified, changed and amended to read as follows: "A low pressure air gauge may be substituted upon approval of the code official, in which case a pressure of twenty (20) pounds, shall be sustained by the piping for twenty (2) minutes." (15) Section G2417.4.2 (406.4.2), Test duration, is hereby modified, changed and amended to read as follows: "The test duration shall be not less than 20 minutes." (16) Section P2603.6, Freezing, is hereby modified, changed and amended to read as follows: "Water service piping shall be installed below recorded frost penetration but not less than twenty-four (24) inches below grade. Building sewer lines shall be a minimum of thirty-six (36) inches below grade if of PVC or clay material and a minimum of six (6) inches below grade if of cast iron, ductile iron or concrete encased material. (17) Section P2603.6.1, Sewer depth., is hereby modified, changed and amended to read as follows: "Building sewers that connect to private sewage disposal systems shall be minimum of 36 inches below finished grade at the point of septic tank connection. Building sewers shall be a minimum of 36" below grade." (18) Section P2902.5.1, Connections to boilers, is hereby modified, changed and amended to read as follows: -43- "The potable supply to the boiler shall be protected by an air gap or a reduced pressure principle backflow preventor complying with ASSE 1012, CSA CAN/CSA B64.3 or AWWA C511. Where conditioning chemicals are introduced into the system, the potable water connection shall be protected by an air gap or a reduced pressure principle backflow preventor complying with ASSE 1012, CSA CAN/CSA B64.3 or AWWA C511." (19) Section P2902.5.3, Lawn irrigation systems, is hereby modified, changed and amended to read as follows: "The potable supply to a lawn irrigation system shall be protected against backflow by a reduced pressure principle backflow preventor. Where chemicals are introduced into the system, the potable water supply shall be protected against backflow by a reduced pressure principle backflow preventor." (20) Section P3005.4, Drain pipe sizing, No. 5, is hereby modified, changed and amended, to read as follows: "No building sewer shall be less than four (4) inches in diameter." (21) Section P3005.4.1, Branch and stack sizing, is hereby modified, changed and amended to read as follows: "Branches and stacks shall be sized according to Table P3005.4.1. Below grade drain pipes shall not be less than two (2) inches (51mm) in diameter." (23) Section E3301.1 Applicability, is hereby modified, changed and amended to read as follows: "Applicability. The provisions of Chapter 33 through 42 shall establish the general scope of the electrical system and equipment requirements of this code. Chapters 33 through 42 cover those wiring methods and materials most commonly encountered in the construction of one and two family dwellings and structures regulated by this code. Other wiring methods, materials and subject matter covered in the 2008 National Electrical Code (NFPA 70-2008) are also allowed by the code". (23) Section E3301.2, Scope, is hereby modified, changed and amended to read as follows: "Scope. Electrical systems, equipment or components not specifically covered in these chapters shall comply with the applicable provisions of the 2008 National Electrical Code (NFPA 70-2008)." (24) Section E3902.11 Arc -fault circuit -interrupter protection, is hereby repealed in its entirety. (25) Seismic Design. Pursuant to Section 319.203, RSMO, no provision of the International Code for One and Two Family Dwellings requiring seismic design and construction provisions shall apply to any single-family or duplex residence. ARTICLE 18. Article X of the Code of Ordinances of the City cf Cape Girardeau, Missouri, entitled "International Fuel Gas Code" _:jading as follows: Sec. 7-363. Title. This article shall be known and may be cited as the "International Fuel Gas Code 2003". Sec. 7-364. International Fuel Gas Code/2003—Adopted. The city hereby adopts the 2003 edition of the International Fuel Gas Code, published by the International Code Council, Inc., as amended in Section 7-365 of this Code. Three (3) copies of the 2003 edition of the International Fuel Gas Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2003 edition of the International Fuel Gas Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. Sec. 7-365. Same—Amendments. -45- (a) Section 101.1 is hereby amended to read as follows: "Title. This code shall be part of the Fuel Gas Code of the City of Cape Girardeau hereinafter referred to as the Fuel Gas Code or "this code." (b) Section 103.1, General, is hereby deleted. (c) Section 103.2 is hereby amended to read as follows: "Appointment. The code official shall be appointed by the City Manager." (d) Section 106.5.2, Fee Schedule, is hereby deleted. (e) Section 108.4, Violation Penalties, is hereby deleted. (f) Section 109 is hereby amended to read as follows: "Means of Appeal. Any person shall have the right to appeal a decision of the code official to the Board of Appeals as set out in Section 112.1 of the International Building Code 2003, as amended." (g) Tables 402.4 (7), 402.4 (8), 402.4 (9), 402.4 (10), 402.4 (11), 402.4 (12), 402.4 (13), Semi rigid cooper, 402.4 (25), 402.4 (26), and 402.4 (27) is hereby deleted. (h) Section 403.4.3, Copper, is hereby deleted. (i) Section 403.5, Metallic Tubing. Seamless Copper is hereby deleted. (j) Section 403.5.2, Copper Tubing, is hereby deleted. (k) Section 403.5.2, Metallic Fittings. Fittings used with copper or brass pipe be copper, brass or bronze, is hereby deleted. (1) Section 406.4, Test Pressure Measurement, is hereby deleted. (m) Section 406.4.1 is hereby amended to read as follows: "Test Pressure. A low-pressure air gauge may be substituted upon approval of the code official, in which case a pressure of twenty (20) pounds shall be sustained by the piping for twenty (20) minutes." (n) Section 406.4.2, Test Duration, is hereby deleted. y' rgialcfrix its entzry and a new Article X of Chapter 7 ed "International Fuel Gas Code 2009", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 7-363. Title.. This article shall be known and may be cited as the "International Fuel Gas Code 2009". Sec. 7-364. International Fuel Gas Code/2009—Adopted. The city hereby adopts the 2009 edition of the International Fuel Gas Code, published by the Cernational Code Council, Inc., as amended in Section i-365 of this Code. Three (3) copies of the 2009 edition of the International Fuel Gas Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International Fuel Gas Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. Sec. 7-365. Same—Amendments. (a) Section 101.1 is hereby amended to read as follows: "Title. This code shall be part of the Fuel Gas Code of the City of Cape Girardeau hereinafter referred to as the Fuel Gas Code or "this code." (b) Section 103.1, General, is hereby deleted. (c) Section 103.2 is hereby amended to read as follows: -47- "Appointment. The code official shall be appointed by the City Manager." (d) Section 106.6.2, Fee schedule, is hereby amended to read as follows: "Fee schedule. The fees for work shall be as indicated in the following schedule: City Fee Schedule" (e) Section 108.4, Violation Penalties, is hereby deleted. (f) Section 109 is hereby amended to read as follows: "Means of Appeal. Any person shall have the right to appeal a decision of the code official to the Board of Appeals as set out in Section 112.1 of the International Building Code 2009." (g) Tables 402.4(7), 402.4(8), 402.4(9), 402.4(10), 402.4(11), 402.4(12), 402.4(13), Semi rigid cooper, 402.4(25), 402.4(26) and 402.4(27), is hereby deleted. (h) Section 403.4.3, Copper, is hereby deleted. (i) Section 403.5, Metallic Tubing, seamless copper is hereby deleted and amended to read copper tubing is not to be used as gas line. (j) Section 403.5.2, Copper tubing, is hereby deleted. (k) Section 403.10.4 (3), Metallic Fittings. Fittings used with copper or brass pipe shall be copper, brass or bronze, is hereby deleted. (1) Section 406.4, Test Pressure Measurement, is hereby deleted. (m) Section 406.4.1 is hereby amended to read as follows: "Test Pressure. A low-pressure air gauge may be substituted upon approval of the code official, in which case a pressure of twenty (20) pounds shall be sustained by the piping for twenty (20) minutes." (n) Section 406.4.2, Test Duration, is hereby deleted. ARTICLE 19. There is enacted a new Article XI of Chapter of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "International Existing Building Code 2003", in words and figures to read as follows: ARTICLE XI. INTERNATIONAL EXISTING BUILDING CODE 2003 Sec. 7-366. Title. This article shall be known as and may be cited as the "International Existing Building Code 2003". Sec. 7-367. International Existing Building Code/2003—Adopted. The city hereby adopts the 2003 edition of the International Existing Building Code 2003, published by the International Code Council, Inc., as amended in Section 7-368 of this Code. Three (3) copies of the 2003 edition of the International Existing Building Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2003 edition of the International Existing Building Code is hereby incorporated by reference into the Code of Ordinances of the city as though fully set out herein. Sec. 7-368. Same—Amendments. (a) Section 101.1, Title, is hereby modified, changed and amended to read as follows: "Title. These regulations shall be known as the Existing Building Code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code". (b) Section 103.2, Appointment, is hereby modified, changed and amended to read as follows: "Appointment. The code official shall be appointed by the city manager. (c) Section 105.1.1, Annual permits, is hereby repealed in its entirety. (d) Section 105.1.2, Annual permit records, is hereby repealed in its entirety. (e) Section 108.6, Refunds, is hereby repealed in its entirety. (f) Section 112.1, General, is hereby modified, changed and amended to read as follows: "General. In order to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be established as set out in Appendix B of the International Building Code as amended." (g) Section 112.3, Qualifications, is hereby modified, changed and amended to read as follows: "Qualifications. The board of appeals shall consist of seven (7) individuals who shall be residents of the city, and shall be as set out in Section B-101.2.2 of the International Building Code as amended." (h) Section 1201.2, Applicability, is hereby modified, changed and amended to read as follows: "Applicability. Structures existing prior to October 1, 2005, in which there is work involving additions, alterations, or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 10. The provisions of Sections 1201.2.1 through 1201.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to buildings with occupancies in Group H and Group I." (i) Appendix A, Appendix B, and Resource A are hereby adopted and made a part hereof by reference. (j) Appendix A, Chapter A3, Section A301.2, Scope, is hereby modified, changed and amended to read as follows: "Scope. The provisions of this chapter are optional for one and two family residential -50- buildings but shall apply to other light, wood - frame residential buildings that are in Seismic Design Categories D, E and F of the 2003 IBC (located in Seismic Zones 3 and 4 of the UBC), containing one or more of the structural weaknesses specified in Section A303. xseeb Y$csn "-k1lty and a new Article XI of Chapter of the Code of Ordinances of the City of Cape Girardeau, Missouri entitled "International Existing Building Code 2009", is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: ARTICLE XI. INTERNATIONAL EXISTING BUILDING CODE 2009 Sec. 7-366. Title. This article shall be known as and may be cited as the "International Existing Building Code 2009". Sec. 7-367. International Existing Building Code/2009-Adopted. The city hereby adopts the 2009 edition of the International Existing Building Code 2009, published by the International Code Council, Inc., as amended in Section 7-368 of this Code. Three (3) copies of the 2009 edition of the International Existing Building Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International Existing Building Code is hereby incorporated by reference into the Code of ordinances of the city as though fully set out herein. Sec. 7-368. Same -Amendments. (a) Section 101.1, Title, is hereby modified, changed and amended to read as follows: "Title. These regulations shall be know as the Existing Building Code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code". (b) Section 103.2, Appointment, is hereby modified, changed and amended to read as follows: "Appointment. The code official shall be appointed by the city manager. (c) Section 105.1.1, Annual permits, is hereby repealed in -51- its entirety. (d) Section 105.1.2, Annual permit records, is hereby repealed in its entirety. (e) Section 108.6, Refunds, is hereby repealed in its entirety. (f) Section 112.1, General, is hereby modified changed and amended to read as follows: "General. In order to hear and decide appeals of orders, decisions, or determinations made by the code official relative to the application and interpretation of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be established set out in Appendix B of the International Building Code as amended." (g) Section 112.3, Qualifications, is hereby modified changed and amended to read as follows: "Qualifications. The board of appeals shall consist of seven (7) individuals who shall be residents of the city, and shall be as set out in Section B-101.2.2 of the International Building Code as amended." (h) Section 1201.2, Applicability, is hereby modified, changed and amended to read as follows: "Applicability. Structures existing prior to September 7, 2011, in which there is work involving additions, alterations or changes of occupancy shall be made to conform to the requirements of this chapter or the provisions of Chapters 4 through 10. The provisions of Sections 1201.2.1 through 1201.2.5 shall apply to existing occupancies that will continue to be, or are proposed to be, in Groups A, B, E, F, M, R, and S. These provisions shall not apply to buildings with occupancies in Group H and Group I." (i) Appendix A, Appendix B, and Resource A are hereby adopted and made a part hereof by reference. (j) Appendix A, Chapter A3, Section A301.2, Scope, is hereby modified, changed and amended to read as follows: "Scope. The provisions of this chapter are optional for One and two family residential buildings but shall apply to other light, wood -frame residential buildings that are in Seismic Design Categories D, E and F of the 2009 IBC -52- (located in Seismic Zones 3 and 4 of the UBC), containing one or more of the structural weaknesses specified in Section A303. ARTICLE 20. There is enacted a new Article XX of Chapter of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "International Energy Conservation Code 2009", in words and figures to read as follows: ARTICLE XI. INTERNATIONAL Energy Conservation CODE 2009 Sec. 7-369. Title. This article shall be known as and may be cited as the "International Energy Conservation Code 2009". Sec. 7-370. International Energy Conservation Code/2009—Adopted. The city hereby adopts the 2009 edition of the International Energy Conservation Code 2009, published by the International Code Council, Inc., as amended in Section 7-371 of this Code. Three (3) copies of the 2009 edition of the International Energy Conservation Code are on file in the office of the city clerk and are available for public use, inspection and examination. The 2009 edition of the International Energy Conservation Code is hereby incorporated by Reference into the Code of Ordinances of the city as though fully set out herein. Sec. 7-371 Same -Amendments. (1) Section 101.1 is hereby modified, changed and amended to read as follows: "Title. These regulations shall be known as the Energy Conservation Code of the City of Cape Girardeau, Missouri, hereinafter referred to as "this code." (2) Section 108.4 is hereby modified, changed and amended to read as follows: "Failure to comply. Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not more than five -53- hundred ($500.00) dollars or by imprisonment not exceeding three (3) months, or both such fine and imprisonment." ARTICLE 21. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 22. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 23. This ordinance shall be in full force and effect ten (10) days after its passage and approval. However, on all work for which a permit application has been filed prior to that date, the Code provisions in effect on the date of filing the application shall apply for the duration of the project. PASSED AND APPROVED THIS DAY OF , 20 ATTEST: Gayle L. Conrad City Clerk Harry Rediger, Mayor -54- 2011 1 IN all I x . d Services Director M.M, he rezoning of 1.21 acres located at 820 North Sprigg Street from the C-1 District to the R-5 (High Density Multifamily Residential) District. 4ARY :ing this rezoning to allow for the construction of a 36 unit apartment building. iCUSSION Commission reviewed'a request from Crown Development of Jackson, LLC to .42 acres from the C-1 (General Commercial) District to the R-5 (High Density 1) District at their July 13, 2011 meeting. The application was tabled due to concerns. a revised application, which the Planning and Zoning Commission approved at t 10, 2011. The applicant is now requesting to rezone 1.21 acres from the C-1 District to the R-5 (High Density Multifamily Residential) District. They have k to separate the residential parking spaces from the commercial parking spaces aired open space on the plans. an recommends High Density Residential for this area. VDATION )val of this request to rezone the 1.21 acres at 820 North Sprigg Street from the [al) District to the R-5 (High Density Multifamily Residential) District. ISSION RECOMMENDATION mg Commission recommended approval of this request at their meeting on vote of 7 in favor, 0 in opposition, and 0 abstaining. linance approving the rezoning request 1 in V BILL NO. 11-143 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE PROPERTY LOCATED AT 820 NORTH SPRIGG STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-1 TO R-5 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from C-1, General Commercial District, to R-5, High Density Multifamily Residential District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Tuesday, September 6, 2011; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from C-1, General Commercial District, to R-5, High Density Multifamily Residential District; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning of the property located at 820 North Sprigg Street from C-1, General Commercial District, to R-5, High Density Multifamily Residential District, said area being described as follows: A tract of land being the east 183.0 feet of Lot 77 Range "P" of Ingram's Addition in the City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Begin at the northeast corner of said Lot 77, said point also being on the south right of way line of Olive Street; thence along said south right of way line, North 81029'20" West, 133.57 feet to a point; thence leaving said right of way line, South 08039102" West, 195.17 feet to a point; thence North 82000100" West, 47.21 feet to a point; thence South 08000102" West, 144.40 feet to a point on the north right of way line of Mason Street; thence along said north right of way line, South 81029120" East, 183.00 feet to the southeast corner of said Lot 77, said point also being on the west right of way line of Frederick Street; thence along said west right of way line, North 08000'00" East, 340.00 feet to the point of beginning. Containing 1.21 acres more or less. Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of an R-5, High Density Multifamily Residential District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Article 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS Harry E ATTEST: Gayle L. Conrad, City Clerk 0) DAY OF 20 Rediger, Mayor CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1252 LOCATION: 820 North SLngg Street STAFF REVIEW & COMMENTS: It is the request of Crown Development of Jackson, LLC to rezone the 1.43 acre parcel at 820 North Sprigg Street from the C-1 to the R-5 zoning district in order to build a 36 unit apartment building. The Future Land Use Plan Recommends High Density Residential for this area. Devel`opmant ervice Director Date G1/,�3G/ uNit//4✓f/ J (//���14 -Date City Mater Date Planning & Zoning Commission Public Hearing Posting Date: 17-10-11 Public Hearing Date: RECOMMENDED ACTION: -1-13-il aWed er1cI.6SMor2 to �rrn�%I�,n 4om det dopeir0^ Aavia, b3 Kiz,'Depar &h• -in& mei url J `VeS,olL $ -IL l --VOTE COUNT: Favor Oppose 0 Abstain COMMENTS.• Appmv-k U1�iV� VClt15t�YL 51 1W4 CC ,� ��� CITIZENS COMMENTING AT MEETING: ?r q -f-, kj Offer- 7311 ICI' o, c ' t- !~n�;rleecr e Ralph Maxton Planning & Zoning Commission Secretary Public Hearing Posting Date: City Council Action Public Hearing Date: Ordinance Is` Reading, Ordinance 2 d & 3rd Reading: VOTE COUNT: Favor . Oppose ORDINANCE 4 Effective Date: Abstain City of Cape Girardeau Rezoning/Special Use Permit Application dRezoning. or ❑ Special Use Permit (Please check one) SECTION A I . Description of request: 7& ourner5 W 0.';'nA of land k AM as Lof 771 Rance "Pa0�-1:;5rum's AcW14l'oru dairo io reeMP. AC easf 183.0 A' &F 4j -x imej 4o ailoo & eons4rudim aF an app eni' Wdinj. 2. Street address of tract (or other location description): TaX Mae Parcel l ue -'719 - 00 -05- 00100900/ (Sao 14 '5prij S%) 3. Person handling this application (name, address, phone number): Melanie Ca imH Glcr Ks, 4es4trj Damcran '+ Assxla:fes 4 ZX. 1301 nl. eV' �sh'qhwayy4 S� . L (573)33a-?.AC0 ajx 6iraMe I Mrs'l03701 4, Names and addresses of all legal owners of tract: �►rowtti Dere l o pmtnt oF ,Jackson.. U.r. 4M %54ppinftl Ar, J&&5on, MO 44755 5. If tract is to be transferred, name and address of intended owner(s): WA 6. Present zoning classification: 01.1, 9encral eommerciaJ disfrie-f 7. Requested new zoning classification: 9-5, h1jh densi� MulAmily residcnfial dlsfricf S. Requested special use: N/A� For Office Use Only. Date Received in Planning Services Office: Received by. Revised 5/25111 1 Page 1 City of Cape Girardeau Rezoning/Special Use Permit Application 9. 1 STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed In Items 4 and 5 above and date of signatures): ,(tea Name Date ✓1 �'�'/ h.-�'I �L� . H.\c'�...1 e3_{I.. IN.L G.tN/1 (.'Y '"� �"(! SECTION B Legal description of tract: Please attach a copy of the latest deed to the property. (if you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office, 573- 243-3123, in the County Administration Building in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. C. All present Improvements. d. All intended improvements. e. All adjoining and comering property lines and references to all owners listed in Section c. f. If requesting to rezone to the Planned Development District, please refer to the specific application requirements in Section 30-341 of the Zoning Ordinance. Revised 5/25111 Page 2 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION C List names and addresses of ALL adjoining landowners. Include land which comers your tract or which is across streets or alleys as adjoining properties. (This information can be obtained from the County Mapping and Appraisal Office, 573-243-3123 in the County Administration Building in Jackson.) Check the box Indicating whether or not you have contacted the property owner. Many special use permits and/or rezoning requests fail to pass because not enough information was given to those neighbors who might have concerns about the request. it is strongly recommended that you make an effort to contact neighboring residents and inform them of your application. In most cases, this process can help significantly in reducing controversy. Contacted Yes No 34rceJ•• • .4r a • ■ ■ ,�i,,-_•; .•' ._►, //_—f[(i U _! 191. ii I11 please attach additional sheets if necessary. Revised 5/25/11 Page 3 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION D State how this tract will be used V rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. 77ie Mlaoned parfion of -he Imck Wil I house a 36 uni+ apo.r ma& buildup wi l�'t 9 --two bedroom unNs and V MX e b�dMM unifi. 2. The Planning and Zoning Commission and the City Council can place limitations on a Special Use Permit request such as for the period of time which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. N(A 3. Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur if this application is approved? No. 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If yes, give the date and state the prior action taken by the City Council. If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. No, 5. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. I.aIA 4k roWinq Squder& en ollmcn+ a*' JEW) nice ag)yd4 e, ho`ussin elose �o aampus is importu * The oumets are loand also own A aparfinenf-buiidinj1, across Olive S- ej-ao any pro(Jems Axf-arise can be. resolved $trickly. Revised 5(25111 Page 4 After recording return to: Dominion Land Title Inc. 3105 Independence. Ste 3 Cape Girardeau MO 63703 Flip Number -DM -CAPE -4110-05 2005-03639 REC FEE: $33.00 PAGES: 4 JANET ROBERT, Recorder of Deeds, Cape Girardeau County MO, certify that this document was filed for record at 01:37PM and official seal affixed at Jackson, M0. 03/22/2005 JANET ROBERT Recorder of Deeds I Title of Document: WARRANTY DEED BY CORPORATION Date orpocumPat MARCH 16, 2005 Grantor(s): BROADWAY PARK APARTMENTS, INC, Grantee(s): CROWN DEVELOPMENT OF JACKSON, LLC Mailing Address(es): 2842 SAPPINGTON DRIVE, JACKSON, MO 63755 Legal Description: ATTACHED AS EXHIBIT A Reference Number: DM-CAPE4110-W WARRANTY DEED BY CORPORATION This Indenture is made this� day of /vl afh 200-` by and between Broadway Park Apartments, Inc, a Missouri Corporation ("Grantor'), of the County of (Jd4r-_C71KI, t//lf Missouri, and Crown Develpppmggnt of Jackson, L L C , a Missouri limited liability company, ("Grantee"), of the. County of a , whose address in said County is 9044' WITNESSETH, That Grantor, in consideration of the sum of Ten Dollars ($10 00) and other good and valuable consideration paid to them by the Grantee, the receipt of which is hereby acknowledged, does, by these present, Grant, Bargain and Sell, Convey and Confirm, unto the Grantee and Grantees heirs and assigns, the following described Parcel of Land, tying, being and situated in the County of Cape Girardeau, and State of Missouri, to wit See Exhibit A attached hereto Subject to terms, conditions, restrictions, reservations, and easements of record, If any TO HAVE AND TO HOLD the premises aforesaid, with all and singular the rights, privileges, appurtenances and immunities thereto belong or in anywise appertaining unto the Grantee and unto Grantee's heirs and assigns, FOREVER, Grantor hereby covenants that Grantor is lawfully seized of an indefeasible Estate in Fee in the premises herein conveyed, that Grantor has good right to convey the same, that said premises are free and clear of any encumbrance done or suffered by Grantor or those under whom Grantor claims, and that Grantor will WARRANT AND DEFEND the title to the said premises under the said Grantee, and unto Grantee's heirs and assigns, FOREVER against the lawful claims and demands of all persons whomsoever written In WITNESS WHEREOF, the Grantor hereunto sets Grantor's hands the day and year first above Broadway Park Apartment ,I c, Miss uri Corporate n President Loy W Welker STATE OF MISSOURI ) - COUNTY��,,. rY rglP,lt,Uj On this &Pday of MQrU 2QQSbefore me appearedJ-�Loy W Welker, to me personally known, who, being by me duly swom, did say that he/she is the ties/de/) of Broadway Park Apartments, Inc, a Missouri Corporation and that said instrument was signed on behalf of said corporation, by authority of its Board of Directors, and he/she acknowledged said instrument to be the free act and deed of said corporation `�,tltliti1717//!!i _ i//l.S,�� �, / �C� Notary Public My Commission Expires EN A (YNCI��i F 01, r• c1: T„l„hYP��N.S� EXHIBIT A PROPERTY DESCRIPTION 16-719-00-05-00100 (820 N Spragg 1836 N Spragg) That part of the West Half of Lot No 77 in Range "P" of Ingram's Addition to the City of Cape Girardeau, County of Cape Girardeau, State of Missoun, described as follows Begin at the Southwest corner of said Lot N 77 in Range "P", thence South 81'01'31" East, with the South line of said Lot No 77, a distance of 133 00 feet, thence North 08'00'00" East, parallel with the West line of said Lot No 77, a distance of 133 33 feet, thence South 81"01'31" East, 50 00 feet, thence North 08'00'00" East, 226 67 feet, to a point on the South line of Olive Street, thence with said line North 81 °01'31" West, 183 00 feet, to a point an the East line of Sprigg Street, thence with said line South 08°00'00" West, 340 00 feet, to the point of beginning, and containing 1 30 acres, more or less The East Half of Lot No 77 in Range "P" of Ingram's Addition to the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, described as follows Begin at the Northeast corner of said Lot No 77, thence North 81'01'31" West, 183 00 feet, thence South 08°00'00" West, 340 00 feet, thence South 81'01'31" East, 183 00 feet, thence North 08'00'00" East, 340 00 feet, to the point of beginning, and containing 143 acres, more or less All of Lot No 78 in Range "P" or Ingram's Addition to the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, described as follows Begin at the Southwest corner of said Lot No 78, thence South 81001'31" East, with the South line of said Lot, 183 00 feet, thence North 08°00'00" East, with the East line of said Lot No 78, a distance of 170 00 feet; thence North 81 °01'31" West, with the North line of said Lot No 78, a distance of 183 00 feet, to the Northwest comer of said Lot No 78, being on the East line of Fredenck Street, thence with said line, South 08000'00" West, 170 00 feet, to the point of beginning, and containing 0 71 acres, more or less 16-719-00-05-002 00 (640 Mason) The East 50 feet of the West 183 feet of the South 113-1/3 feet of Lot 77 in Range "P" of Ingram's Addition to Cape Girardeau, Missouri 16-719-00-04-001 00 (501 Olive) All of Lot Eighty (80) in Range "P" Ingram's Addition in the City of Cape Girardeau, Missouri, fronting about 170 feet on Olive Street 16419-00-04-001 00 (501 Olive) Lot Number Five (5) of a certain subdivision or Lot No Seventy-nine (79) of Range "P", Ingram's Addition to the City of Cape Girardeau, Missouri 16-719-00-04-004 00 (523 Olive) The West 144 feet of Lot 79 in Range "P" of Ingram's Addition in the City of Cape Girardeau, Missouri as shown by plat recorded in Plat Book 1 at Page 6, of the land records of Cape Girardeau County, Missouri Legal Description t of land being the east 183.0 feet of Lot 77 Range "P" of Ingram's Addition in the City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Begin at the northeast corner of said Lot 77, thence North 81°29'20" West, 183.00 feet; thence South 08100'00" West, 340.00 feet; thence South 81 °29'20" East,183.00 feet; thence North 08100'00" East, 340.00 feet to the Point of Beginning; and containing 1.43 acres, more or less. EM HIM mmaromill XON . offilm GaN ASTHALT 715 �M S_ MW W�TMEHT MMPS�UT MMNG "�&- 1242 Fh�, 1,MASON k �S M7w . :--z-T 0. URMUAU, MO 6PM 1 6M M� �T WOMM & Parking Information The proposed apartment building will be sharing a parking lot with the nightclub on the lower level of the existing commercial building. The original site plan approved for the commercial building required 45 parking spaces for the upper level along with 9 spaces for the residential use on the same lot. It also required 48 spaces for the lower level nightclub. With the nightclub renovation performed on the lower level in 2008, the required lower level parking was increased to 63 spaces. Therefore, the required spaces for the existing development is 117 spaces. Our proposed apartment building will require a total of 59 parking spaces. Bringing the total spaces required for the tract to 176 parking spaces. There are currently 51 paved spaces plus approximately 10 spaces in gravel on the upper level. There are currently 78 paved spaces plus room for 22 spaces in the gravel area on the lower level. There will be 29 paved spaces provided on the front side of the apartment building. This brings the amount of parking spaces provided to 190 spaces. This would mean that approximately 30 spaces will need to be shared between the apartment building and the existing development. Some of the businesses on the upper level are not open for business during the same hours that the nightclub is open which frees up a number of spaces on the upper level should the nightclub reach parking capacity. �y 4�A�b,ab,i 4 ;av}OP I:4\vii, b I \� I CROWN DEVELOPMENT APARTMENTS I) OLIVE STREET G[D, us, Gvtis. Lcenr, Damemv aAaalata, Ivc. CAPE GIRARDEAU, MISSOURI �,,,,:� �anrtro-nw.mS.wa.bt c,..amn.m,xo army aria. r.anamau w:pmpbWw+e Engineering Consultants A DEE/WEE Company July 27, 2011 1301 N. Kingshighway, Suite L Cape Girardeau, MO 63701 Phone: 573-332-8200 • Fax: 573-332-8244 • Email: gldainc@sbcglobal.net To: Planning & Zoning Commission Members Subject: Crown Development of Jackson, LLC apartment building development on Olive Street Dear Sirs and Madam: At the request of the Commission at the July meeting, we have reexamined the layout of the proposed apartment development to try to more clearly establish designated parking areas for the separate zoning uses. As a result of the changed layout, ive are now asking to rezone 1.21 acres of the existing tract from C-1 to R-5. A new legal description has been included and drawing showing the extents of the rezoned area. We have altered the initial layout by increasing the setback distance of the building from the Frederick Street right of way to create 2 rows of parking in front of the apartment building. For 36 units (9-2 bedroom and 27-1 bedroom units), we are required to provide a minimum of 59 parking spaces. The 2 rows of parking in the front of the building provide 62 parking spaces. t As a result of moving the building farther west, the building encroached into the existing parking lot. So we have completely removed the easternmost row of parking but were able to maintain a 24 foot wide aisle for 2 way traffic. A green buffer area of approximately 9 feet will be created between the parking lot and the new building. We will also add a curb to the parking lot to create a distinct barrier and for storm water conveyance. The existing commercial building requires a total of 117 parking spaces. There will be 56 paved spaces remaining on the lower level parking lot after modifications. There are currently 51 paved spaces on the upper level lot plus an existing gravel area that provides an additional 12-15 spaces. This brings the total number of spaces available for commercial use to 119-122 spaces. At the July meeting, we were also asked to clarify where the required open/green space will be provided. The total area to be rezoned is 52,777.4 square feet and Section 30-326, R-5 High density multifamily residential district, of the Zoning Ordinance requires 20% of the lot area to be open space. The required open space for this development is calculated to be 10,555.5 square feet and we are providing a total of approximately 11,523.6 square feet. (See attached drawing for more specific areas.) We are also considering creating a minor subdivision to further distinguish areas of commercial use from residential use. However, we are interested in re -petitioning the City to vacate the Frederick Street right of way. If the right of way were vacated we could then create a subdivision encompassing all of the lots owned by Crown Development on the south side of Olive Street. On behalf of the partners in Crown Development of Jackson, LLC, I want to thank you for your time and consideration of these matters and look forward to answering any questions you may have at the next meeting. Respectfully, 4&L &a Melanie Cantrell, PE Principal �f wm Way) . � \ � � ,a � � ; . \ / ` � � / ��\ \ � 3f CROWN DEVELOPMENT OF JACKSON, LLC APARTMENTS REZ 0 NING AREA lip I_ ` / }\\ � \\ �f wm Way) . � \ � � ,a � � ; . \ / ` � � / ��\ \ � 3f CROWN DEVELOPMENT OF JACKSON, LLC APARTMENTS REZ 0 NING AREA P39 PAPkiNO LOT ImmheJ No 00'w" 17a". 51, 91 1 91 CROWN DEVELOPMENT OF JACKSON, LLC APARTMENTS NEW LAYOUT Legal Description A tract of land being the east 183.0 feet of Lot 77 Range "Y' of Ingram's Addition in the City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Begin at the northeast corner of said Lot 77, said point also being on the south right of way line of Olive Street; thence along said south right of way line, North 81°29'20" West, 133.57 feet to a point; thence leaving said right of way he, South 08°39'02" West, 195.17 feet to a point; thence North 82°00'00" West, 47.21 feet to a point; thence South 08000'02" West, 144.40 feet to a point on the north right of way line of Mason Street; thence along said north right of way line, South 81129'20" East, 183.00 feet to the southeast corner of said Lot 77, said point also being on the west right of way line of Frederick Street; thence along said west right of way line, North 08°00'00" East, 340.00 feet to the point of beginning. Containing 1.21 acres more or less. 820 North Sprigg Street Rezoning Request 2011 irport Manager 1 .Le 11110WOM - Transportation Commission Air Traffic Control Tower Operating Assistance :t No. AIR 126-77A U W4 hate legislation provides up to $167,000 to be allocated for reimbursement of r (ATCT) operational expenses for those Missouri municipalities who are own air traffic control operation. The City of Cape Girardeau is currently ind the attached Airport Assistance Agreement will reimburse the City for up A costs to operate the air traffic control tower for the period of the fiscal year 1, 2011 and ends on June 30, 2012. CUSSION Tower Operating Assistance Grant Agreement funds are available to the City within the Missouri State Jet Fuel Tax legislation. The Jet Fuel Tax funds the Trust Fund annually at varying levels. In addition to the Air Traffic Control ✓iation Trust funds are utilized by the Missouri Department of Transportation id a variety of airport maintenance and capital improvement projects at over >ughout the state. It w ded by this grant will fund roughly 75% of our total Air Traffic Control ises, which normally total approximately $220,000 annually. ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS :h needed funding which allows the City to sustain an operating air traffic pe (Girardeau Regional Airport. These funds can be utilized to cover any the'ATCT, including personnel and building maintenance expense, including placement costs. (DATION he City Council approve the attached ordinance authorizing the City of Cape his Air Traffic Control Tower Operating Assistance Grant Agreement for the the amount of $167,000. [] WMUNTS BILL NO. 11-144, Ordinance authorizing agreement Missouri Highways and Transportation Commission Air Traffic Assistance Grant Agreement BILL NO, 11-144 ORDINANCE NO. AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT FOR THE FISCAL YEAR 2011- 2012 WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the City of Cape Girardeau, Missouri, shall accept and execute the airport assistance agreement with the Missouri Highways and Transportation Commission, for an air traffic control tower operating assistance grant for the Cape Girardeau Regional Airport for the fiscal year 2011-2012. ARTICLE 2. That the City of Cape Girardeau, Missouri, does hereby ratify and adopt all statements, representations, conditions, and covenants contained in the airport assistance agreement. ARTICLE 3. That the City Manager is hereby authorized and directed to execute said air traffic control tower operating assistance grant in triplicate on behalf of the City of Cape Girardeau, Missouri, and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Cape Girardeau, Missouri, and to attest said execution. ARTICLE 4. That said air traffic control tower operating assistance grant provides for the granting of financial assistance in the sum of One Hundred Sixty-seven Thousand Dollars ($167,000.00) in state funds to assist with the air traffic tower operation. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CCO Form: AC21 Sponsor: City of Cape Girardeau Approved: 1/99 (RMH) Project No. AIR 126-77A Revised: 03/10 (AML) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), and City of Cape Girardeau (hereinafter, "Sponsor"). WITNESSETH: WHEREAS, the purpose of this Agreement is to provide financial assistance to the Sponsor for the operation of the Air Traffic Control Tower (hereinafter, "Tower") at the Cape Girardeau Regional Airport (hereinafter, "Airport") pursuant to section 305.230 RSMo, and to set forth the conditions upon which the assistance will be provided. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations set forth below, the parties agree as follows: (1) SCOPE OF WORK: The Sponsor agrees to operate the Tower in accordance with all rules and regulations of the Federal Aviation Administration and with all applicable Federal and State requirements. (2) AMOUNT OF GRANT: The Commission agrees to reimburse the Sponsor up to One Hundred Sixty -Seven Thousand Dollars ($167,000.00); provided, however, that in the event that state funds available to the Commission under section 305.230 RSMo are reduced so that the Commission is unable to completely satisfy its obligations to all Cities for the current state fiscal year, the Commission may recompute and reduce this grant. The designation of this grant does not create a lump sum quantity contract, but rather only represents the amount of funding available for qualifying expenses to operate the Tower during the period of July 1, 2011 to June 30, 2012. The release of all funding under this Agreement is subject to the Commission's review and approval of all project expenses to ensure that they are qualifying expenses under this program. The grant funds in this paragraph not expended or duly obligated during the project time period shall be released for use in other projects under §305.230 RSMo. (3) PERFORMANCE OF AGREEMENT: The Sponsor shall immediately notify the Commission in writing of any condition or event which may significantly affect its ability to perform the activities in accordance with the provisions of the Agreement. (4) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT RECORDS: (A) The Sponsor shall submit to the Commission such data, reports, documents, and other information relating to the operation of the Tower as the Commission may require at any time. (B) The Sponsor must maintain all records relating to this Agreement, including, but not limited to, invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees and representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement. (5) THIRD PARTY CONTRACTS: (A) Prior to execution by either party, the Sponsor shall submit to the Commission for review, comment, and approval all contracts for services included in the Scope of Work Statement to be provided to the Sponsor by a third party. (B) The Commission shall not be liable to the contractors or subcontractor of the Sponsor or any other person not a party to this Agreement in connection with the performance of this project without specific written consent of the Commission. (6) PAYMENTS: (A) Timing of Payments: The Commission's payments to the Sponsor will be made on a quarterly basis. The Commission will provide a reimbursement form to be completed by the Sponsor when requesting funds. (B) Limitations on Commission Contribution: Funds made available to the Commission and the Sponsor are subject to appropriations made by the General Assembly. (7) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to the Sponsor, the Commission reserves the right to suspend or terminate all or part of the financial assistance herein provided if the Sponsor is, or has been, in violation of any of the terms of this Agreement. (S) COMMISSION'S REPRESENTATIVE: The Commission's Chief Engineer Is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of the Agreement. (9) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the Sponsor shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Sponsor's wrongful or negligent performance of its obligations under this Agreement. (B) The Sponsor will require any contractor procured by the Sponsor to work under this Agreement: (1) To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the Missouri Department of Transportation and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,000,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (10) NONDISCRIMINATION CLAUSE: The Sponsor shall comply with all state and federal statutes applicable to the Sponsor relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, et seq.). (11) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Sponsor shall comply with all local, state and federal laws and regulations relating to the performance of the Agreement. (12) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or respecting its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (13) NONSOLICITATION: The Sponsor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Sponsor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingency upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. (14) AMENDMENTS: Any change in the Agreement, whether by modification or supplementation, must be accomplished by a supplemental agreement signed and approved by the duly authorized representatives of the Sponsor and the Commission. (15) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or its representative. (16) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (17) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, for the benefit of creditors, the Commission reserves the right and sole discretion to either cancel this Agreement or affirm this Agreement and hold the Sponsor responsible for damages. [Remainder of Page Intentionally Left Blank] IN WITNESS WHEREOF, the parties have entered into this agreement on the last date written below. Executed by the Sponsor this Executed by the Commission this MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title Attest: Secretary to the Commission Approved as to Form: day of day of 20_ CITY OF CAPE GIRARDEAU Z Attest: Title Approved as to Form: Commission Counsel Title Ordinance No. 5 20_ AGENDA REPORTes 11-191 Director Cape Girardeau City Council ie Mayor to Execute a Special Warranty Deed and a Temporary -mon E. Rhodes Family Partners, L.P. and Rhodes Development )cated between North Kingshighway and Kingsway Drive. Followed by Mayor to Accept Permanent Utility Easements from Vernon E. Rhodes ies Development Company, L.L.C. would authorize the Mayor to sign a Special Warranty Deed and a ement to Vernon E. Rhodes Family _ Partners, L.P. and Rhodes The deed transfers fee simple interest of 8,248.36 square feet (0.19 ac.) construction easement for 10,400.13 square feet (0.24 ac.) just north of I to Vernon E. Rhodes Family Partners and Rhodes Development d Ordinance would authorize the Mayor to accept Permanent Utility ides Family Partners, L.P., and Rhodes Development Company, L.L.C. tnitary,sewer line. [ON representatives approached the City requesting that the City transfer a :ely 35 feet by 235 feet to them for use in a new development located and Kingsway Drive just southeast of Lexington. Staff reviewed the property being requested was not needed for right-of-way. ON Council approve the first reading of the Ordinance authorizing the Warranty Deed transferring fee simple interest and a Temporary xring;an easement to Vernon E. Rhodes Family Partners, L.P. and ry for, property ±located between North Kingshighway and Kingsway the Ordinance authorizing the transferring Special Warranty Deed and lent, staff recommends that the Council approve the first reading of the yor to accept Permanent Utility Easements from Vernon E. Rhodes ies Development Company, L.L.C. for the waterline and sanitary sewer • BILL NO. 11-145, Ordinance Authorizing the Mayor to Execute a Spec Temporary Construction Easement • BILL NO. 11-146, Ordinance Authorizing the Mayor to Accept Permanent • Location Map • Deed and Easement exhibit BILL NO. 11-145 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO VERNON E. RHODES FAMILY PARTNERS, L.P., AND RHODES DEVELOPMENT COMPANY, L.L.C., FOR UNNEEDED RIGHT-OF-WAY LOCATED BETWEEN NORTH KINGSHIGHWAY AND KINGSWAY DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Special Warranty Deed to Vernon E. Rhodes Family Partners, L.P., a Missouri Limited Partnership, and Rhodes Development Company, L.L.C., a Missouri Limited Liability Company, for unneeded right-of-way located between North Kingshighway and Kingsway Drive, more particularly described as follows: A part of Fractional Section 26, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at a M11 iron pin (found) at the southwest corner of Lot No. 1 of Kingsway Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 25 at page no. 18, from which point the southeast corner of said lot bears, S 550 22' 30" E, 233.71 feet, said point of beginning being on the northerly right of way line of U.S. Route 61; thence along said right of way line, N 550 22' 30" W, 35.00 feet; thence leaving said right of way line, N 34° 37' 30" E, 235.62 feet; thence S 550 30' 51" E, 35.00 feet to a corner on the west line of said Lot No. 1; thence along said west line, S 340 37' 30" W, 235.71 feet to the Point of Beginning, containing 0.19 acres, more or less (8,248.36 square feet). SUBJECT TO conditions, restrictions, reservations and easements of record. TOGETHER WITH A TEMPORARY CONSTRUCTION EASEMENT across a part of Fractional Section 26, Township 31 North, Range 13 East of the fifth principal meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at a 34" iron pin (found) at the southwest corner of Lot No. 1 of Kingsway Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 25 at page no. 19, from which point the southeast corner of said lot bears, S 550 22' 30" E, 233.71 feet, said point being on the northerly right of way line of U.S. Route 61; thence along said right of way line, N 550 22' 30" W, 35.00 feet to the True Point of Beginning; thence continuing along said right of way line, N 550 22' 30" W, 77.00 feet; thence leaving said right of way line, N 340 37' 30" E, 75.00 feet; thence N 72. 06' 51" E, 110.09 feet; thence N 340 37' 30" E, 75.00 feet; thence S 550 30' 51" E, 53.00 feet to a point on the west line of said Lot No. 1; thence along said west line S 34° 37' 30" W, 1.75 feet; thence N 550 30' 51" W, 43.00 feet; thence S 340 37' 30" W, 235.62 feet to the Point of Beginning, containing 0.24 acres, more or less. (10,400.13 square feet). This easement and the rights, privileges, permission and authority herein granted shall cease and terminate at the time construction on Grantee's property is completed, or on September 30, 2012, whichever occurs first. ARTICLE 2. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor `S'TEST: Gayle L. Conrad, City Clerk BILL NO. 11-146 ORDINANCE NO. AN ORDINANCE ACCEPTING PERMANENT UTILITY EASEMENTS FROM VERNON E. RHODES FAMILY PARTNERS, L.P., AND RHODES DEVELOPMENT COMPANY, L.L.C., FOR THE DEVELOPMENT LOCATED BETWEEN NORTH KINGSHIGHWAY AND KINGSWAY DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts Permanent Utility Easements executed by Vernon E. Rhodes Family Partners, L.P., a Missouri Limited Partnership, and Rhodes Development Company, L.L.C., a Missouri Limited Liability Company, conveying easements to the City of Cape Girardeau, Missouri, to serve the development located between North Kingshighway and Kingsway Drive, in the City of Cape Girardeau, Missouri, which easements are more particularly described as follows, to -wit: The right, privilege, permission and authority to enter in and upon Grantors' property to construct, maintain, repair, replace and operate a sanitary sewer line and necessary appurtenances thereto over, upon, across, under, in and through the following described real estate, situated in the City and County of Cape Girardeau, Missouri, to -wit: A strip of land being 20.00 feet wide lying 10.00 feet along each side of the following described easement centerline, located in a part of Fractional Section 26, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Beginning at a point on the west line of Lot No. 1 of Kingsway Subdivision as recorded in the land records of the County Recorder's Office in Plat Book No. 25 at Page No. 18, from which point a 1/2 " iron pin at the southwest corner of said lot bears, S 340 37' 42" W, 122.34 feet; thence leaving said west line, N 200 20' 21" W, 42.75 feet and there terminating. The sidelines of said easement being I prolonged and shortened to terminate at the west line of said Lot No. 1 of Kingsway Subdivision. ALSO, the right, privilege, permission and authority to enter in and upon Grantors' property to construct, maintain, repair, replace and operate a water line and necessary appurtenances thereto over, upon, across, under, in and through the following described real estate, situated in the City and County of Cape Girardeau, Missouri, to -wit: A strip of land being 20.00 feet wide lying 10.00 feet along each side of the following described easement centerline, located in a part of Fractional Section 26, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at a 1/2 " iron pin at the southwest corner of Lot No. 1 of Kingsway Subdivision as recorded in the land records of the County Recorder's Office in Plat Book No. 25 at Page No. 18, said point being on the northerly right of way of U.S. Route 61; thence along said right of way, N 550 22' 30" W, 35.00 feet; thence leaving said right of way, N 34' 37' 30" E, 90.51 feet to the True Point of Beginning; thence S 730 22' 38" E, 5.42 feet; thence N 520 50' 40" E, 45.42 feet; thence N 360 46' 49" E, 100.43 feet and there terminating. Both easements being shown on the drawing attached as Exhibit A. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS day of ATTEST: Gayle L. Conrad City Clerk 2 20 Harry E. Rediger, Mayor w w o w UQC Q GF Z z p -Q m ¢�¢- x tu F❑ N W _ _ w - - -_ Z a z c~i _ �z wso r_. W w d G N W - O z m > z w w a O w . - - - . w F ° - - Q n. _ OyyO Z LL O ny - n W J Q F o o p. Y w 0o Oi LL� o� o oQ�.W O= O~ w lt T O d-- LU tt^ ❑Cf d� - - - ciao - -- -- Dz _ U w Q~ N w - W -W -_ o O w w o w A IL w Q GF ni z p -Q m x A IL w N z p -Q m x a a AGENDA REPORT 11-193 Cape Girardeau City Council ger to execute a Pole Line Removal and Relocation Agreement kmeren Missouri.: Engineers on the levee system improvements, one of the items relocation of some power poles. This Agreement spells out the he toe drain system by the Army Corps of Engineers, the City's t be shifted. In order to accomplish this, Ameren's power, poles )tained the appropriate easements for the power poles to be are in place, the 'other work can continue. All of this :work is vee system. The cost for this portion of the project is $166,000. The City will be paying for these costs out of the Capital Improvement Sales Tax. SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS If our levee system does not become certified, then FEMA will consider the downtown area in the floodplain. This, of course, could create many hardships for the affected property owners. ; In turn, we would see a substantial economic downturn in this area. STAFFRECOMMENDATION Staff recommends that the City Manager be authorized to enter into the Pole Line Removal and Relocation Agreement with Union Electric Company D/B/A Ameren Missouri ATTACHMENTS • BILL NO, 11-151, Resolution Authorizing Pole Line Removal and Relocation Agreement • Agreement with Ameren Missouri. • Exhibit A • Exhibit B BILL NO. 11-151 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A POLE LINE REMOVAL AND RELOCATION AGREEMENT WITH UNION ELECTRIC COMPANY D/B/A AMEREN MISSOURI, FOR THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Pole Line Removal and Relocation Agreement with Union Electric Company d/b/a Ameren Missouri, in the City of Cape Girardeau, Missouri. A copy of said Pole Line Removal and Relocation Agreement is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 20 Ameren Missouri Work Request No. WO -28430 POLE LINE REMOVAL AND RELOCATION AGREEMENT THIS AGREEMENT, entered into this day of , 2011, by and between UNION ELECTRIC COMPANY d/b/a Ameren Missouri, a corporation existing under the laws of the State of Missouri, with its principal office at 1901 Chouteau Avenue, St. Louis, Missouri, hereinafter called "Company", and City of Cape Girardeau , Missouri, its successors or assigns, hereinafter called "City", WITNESSETH THAT: WHEREAS, City contemplates the construction associated with the flood wall project in City of Cape Girardeau , Missouri; and WHEREAS, in carrying out the construction associated with the flood wall project, Company has been requested by City to move Company's distribution facilities now located on Company's private right-of- way along Main Street in City of Cape Girardeau, Missouri, to provide clearance for the construction; and WHEREAS, Company is willing to accommodate to said request upon the condition that City accepts the provisions hereinafter set out and evidences its said acceptance by the execution hereof in duplicate by its agent duly authorized in accordance with City Resolution No. NOW THEREFORE, in consideration of the mutual covenants contained herein, it is agreed as follows: 1. Company will, as soon as practicable after receiving notice in writing from the City Engineer, furnish all labor, material and supervision necessary, and will relocate said poles and other facilities of the Company as shown in legend on plan marked Exhibit "A" and estimate of cost marked Exhibit "B" attached hereto and each made a part hereof, to provide the necessary clearance for the construction associated with the flood wall project in City of Cape Girardeau , Missouri. 2. Company shall have the right to locate its said poles and facilities on City right-of-way within the flood wall project as shown on Exhibit "A", and shall have the continuing right to cut and trim trees, saplings and other vegetation as deemed necessary or advisable by Company for proper clearances and/or to protect its utility facilities from danger or damage. Company agrees to remove all debris resulting from its work and all such trees and tree limbs which it has caused to be cut and/or trimmed. 3. Company agrees that the detail plan and estimate of cost for the required adjustment of Company's facilities have been prepared in accordance with the provisions of Federal Aid Policy Guide, FAPG 23 CFR 645A, and any amendments thereto which by reference are made a part of this agreement. Company also agrees that the work will be performed in accordance with said guide. 4. The total cost of the work is to be One Hundred Sixty -Six Thousand and No/100ths Dollars ($166,000.00). It is agreed that City's obligation toward the cost of work under this contract shall be $166,000.00. The City agrees that within 30 days of both parties' execution of this Agreement, City will remit 100% of the total cost of the work to Company. 5. City agrees to compensate Company for any future relocation, or adjustments of Company's facilities, required by this agreement, (as they may then exist) made necessary by future improvements of city facilities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in two (2) counterparts on the day and year first above written. ATTEST: Assistant Secretary ATTEST: Print Name UNION ELECTRIC COMPANY d/b/a AMEREN MISSOURI BY Dennis W. Weisenborn, Vice President CITY OF CAPE GIRARDEAU, MISSOURI m Print Name N Ole Hickory Pits Site Exhibit A Utility Easement & Building Setback Line Sept 2011 New Pole r Existing pole to move north �1111F Pole ID # 471582 0 sed Aerial Utility Easement 10.ft wide roposed Building Setback Line 0 ft off west line of permanent sewer asement from existing pole ID 474.584 > PL offset ,(black line) Existing Pole does not move Pole ID # 471584 Property Line (brown line) Existing Pole �u, Pole ID # 471583 so New Pole Existing sewer lines (yellow) Existing Sewer Easement 15 ft (blue line) 120I Proposed 10 Ft Utility Easement Knight North Parcel Sept. 7, 2011 Exhibit B line (brown) ng Pole does not move 74ron _.. Proposed 10 ft Aerial Utility Easement (pink lines ) ding Setback Line 'roperty Line 71581 to NPL Existing Pole, x New Pole 5 ft west of existing ID# 471581 NOTE: From Pole ID 471581 to south PL there is a zero buildingrear setback. New Pole formerly Pole ID # 471582 AGENDA REPORT irector -,P-'` ° ' Q Manager to Enter into a Contract for the Shawnee Park Paving the City Manager to enter into a contract with the lowest bidder for Lad by the Shawnee Park Center. This project consists of grading, ial for driveway and parking areas, construction of concrete curb It parking lot and driveway, and any other work as stated in the )nth area of Cape Girardeau have expressed the need and desire for vide easier; access to the area users. The Shawnee Park Facility, )vides youth after-school programs, open and league basketball and tivity room. Liken on this project. Two (2) bids were received, with the bids 507.20. The engineer's estimate was $109,182.00. Jokerst, Inc. alternate for using heavy duty asphalt instead of normal duty was der's amount of $20,451.20 will allow the city staff to accept this re durable. vement of the Parking Lot at Shawnee Park is $108,958.40 and is awater Tax passed by voters in 2008. iC. ENVIRONMENTAL AND SOCIAL IMPACTS aprovements to the roadway will enhance the facility's appearance other surface on which to walk or drive. Lager be authorized to enter into a contract with Jokerst, Inc. for the Lawnee Park. • Bid Tabulation • BILL NO. 1 I-152, Resolution authorizing contract • Contract with Jokerst, Inc. • Map of Project Area BID OPENING DATE: September 7, 2011 TIME: 10:00AM PLACE: CITY HALL, ENGINEERING SUMMARY OF PROPOSALS RECEIVED FOR: SHAWNEE PARK PAVING EMPROVEMENTS PAGE 1 OF 1 COMPUTED BY: KJ ENGINEER'S ESTIMATE ASA ASPHALT INC PO BOX 159 ADVANCE MO 63730 JOKERSTINC 16444 HIGHWAY 32 STE GENEVIEVE MO 63670 ITEM NO. DESCRIPTION UNIT OTY UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT TOTAL UNIT TOTAL PRICE PRICE BASE BID 1 Traffic Control LS 1 $ 5,000.00 $ 5,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 2 Shoulder Excavation & Edge Trimmin LS 1 $ 2,000.00 $ 2,000.00 $ 9,20090 $ 9,200.00 $ 3,570.00 $ 3,570.00 3 Shoulder Backfill & Final Gradir LS 1 $ 5,000.00 $ 5,000.00 $ 10,400.00 $ 10,400.00 $ 8,710.00 $ 8,710.00 4 Type 1 Aggregate Base TONS 1165 $ 16.00 $ 18,640.00 $ 18.001$ 20,970.00 $ 20.00 $ 23,300.00 5 Heavy Duty Asphalt Pavement for Parking Lot SY 499 $ 22.00 $ 10,978.00 $ 19.79 1 $ 9,875.21 $ 16.00 $ 7,984.00 6 Normal Duty Asphalt Pavement for Parking Lot SY 3160 $ 11.00 $ 34,760.00 $ 3.651$ 27,334.00 $ 6.80 S 21,488.00 7 Normal Duty Asphalt Pavement for Roadway SY 2454 $ 11.00 $ 27,104.00 $ 8.651$ 21,313.60 1 $ 6.80 $ 16,755.20 8 Concrete Curb & Gutter LF 150 $ 18.00 $ 2,700.00 $ 24.64 $ 3,696.00 $ 24.00 $ 3,600.00 g Concrete Drainage Flume EA 1 $ 3,000.00 $ 3,000.00 $ 3,700.00 $ 3,700.00 $ 2,100.00 $ 2,100.00 TOTAL FOR BASE BID $ 109,182.00 $ 107,488.81 ADD -ALTERNATE NO. 1 1 Credit for Normal Duty Asphalt Pavement for Driveway SY -2464 $ 11.00 $ 27,104.00 $ 6.65 $ 21,313.60 $ 6.80 $ 16,755.20 2 Heavy Duty Asphalt Pavement for Ddveway BY 2464 $ 22.00 $ 54,208.00 $ 19.79 $ 48,762.56 $ 15.10 $ 37,206.40 TOTAL FOR ADD -ALTERNATE $ 27,104.00 $ 27,448.96 $ 20,451.20 TOTAL FOR ALL BID PRICES $ 136,286.00 $ 134,937.77 $ 108,958.40 AMOUNT OF PROPOSAL GUARANTEE 5% OF BID 5 O BID SURETYI I UNITED FIRE& CASUALTY COMPANY IAMERICAN SOUTHERN INSURANCE /hereby mWfy Mat the abova fs a tNe a/d CaRecf summeryNotaposals rxxiv j ® PROJECT MANAGER �C/�/ m3 �.^i�r '^LOW BIDOER'^ BILL NO. 11-152 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOKERST, INC., FOR SHAWNEE PARK CENTER PAVING IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with Jokerst, Inc., for Shawnee Park Center Paving Improvements, in the City of Cape Girardeau, Missouri. A copy of said Contract is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT SHAWNEE PARK CENTER PAVING IMPROVEMENTS STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2011 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Jokerst, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work to be performed under these Contract Documents consists of grading, placement of aggregate base material for driveway and parking areas, construction of concrete curb and gutter, installation of an asphalt parking lot and driveway and any other related construction items as stated in the Specifications or shown on the Project Plans prepared by Bowen Engineering & Surveying, Inc. and Dated August 8, 2011 for the City of Cape Girardeau Parks and Recreation Department. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within forty-five (45) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within sixty (60) days after the date when the Contract Times commence to run. r_dl 3 2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the ice of this Agreement and that OWNER will suffer financial loss if the Work is not -,)inpleted within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER five -hundred dollars ($500.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER seven -hundred fifty dollars 750.00 for each day that expires afterthe time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. One hundred eight thousand TOTAL OF ALL UNIT PRICES: nine hundred fifty-eight 40/100 ($ 108,958.40 As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 ofthe General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the -schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. FA 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional. retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 FinaiPayment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14,13, Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work: M11 ":ONTRACTOR is familiar with and is satisfied as to all federal, state and local taws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguousto the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods; techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages AA=1 to AA=7 inclusive). 8.2 Exhibits to this Agreement (pages _ to _, inclusive). us 8.3 Performance, Payment, and other Bonds, identified as exhibits _ and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55, inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 5, inclusive). 8.7 Specifications bearing the title Shawnee Park Center Paving Improvements. 8.8 Drawings. 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -9, inclusive) marked exhibit A 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8,12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages —to _, inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. .Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. A-5 No assignment by a party hereto of any rights under or interests in the Contract uocuments will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. Id4y IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on 20_ (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau Scott Meyer, City Manager 0 [CORPORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. CONTRACTOR Jokerst, Inc. By: ]CORPORATE SEAL] Attest Address for giving notices Ste. Genevieve MO 63670 License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) Exhibit A CITY OF CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT SHAWNEE PARK CENTER PAVING IMPROVEMENTS BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvements consist of grading, placement of aggregate base material for driveway and parking areas, construction of concrete curb and gutter, installation of an asphalt parking lot and driveway and any other related construction items as stated in the Specifications or shown on the Project Plans prepared by Bowen Engineering & Surveying, Inc, and Dated August 8, 2011 for the City of Cape Girardeau Parks and Recreation Department. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following: BF -1 I Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) ADDENDUM 1 - 9/2/11 f (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and r Regulations that may affect cost, progress, performance and furnishing of the Work. r1 (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating ' to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such reports and drawings are not Cdntract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges, that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and,furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. t(f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to.the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents, (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents 7M SEP -06-2011 12:20 CITY OF CAPE GIRRRDEAU 573 651 0860 P.01 . IFCity of Cape Girardeau Engineering Division 401 independence Cape Girardeau, MO 63703 PHONL: 573-339-6327 FAX: 573 339-6303 TO: 10kcrs-� I ne- From: Casey Srunke Fax: 6"13 S%5 -'V40-3 Pages: 5 (including this one) Phone: Date: September Z, 2011 Re: Addendum No.1 to Plans & Specifications for the Shawnee Park • Comments: **Remember to acknowledge receipt of this Addendum on Page SF -2, ADDENDUMNO.1 of thebidform" This addendum will not be sent out by mail_ Please acknowledge receipt of this fax by signing on the line A i below and faxing this one sheet back to tl[is Office. C Nt�1�tr� r J, l j CiQ-D� IV lt�g SEP -06-2011 1220 CITY OF CRPE GIRRRDERO zrl) ODI none r.re 2121 Megan Drive Bowen CPP< Girnr63701 Ph 373 339 5900 Fox mc V 513 3 3 339 1391 www.bowenenaavrr.COm ENGINEERING & SURV'EYING In[orporolod September 2, 2011 SHAWNEE PARK CENTER PAVING IMPROVEMENTS ADDENDUM NUMBER 1 To: ALL PLAN HOLDERS Please note the following changes or clarifications to the Project Plans, Specifications and Contract Documents: Project Specifications 1. The low bidder will be determined by the total of the Base Bid and Add -Alternate No. 1, if the total fails within the project budget. If the total of the Base Bid and Add - Alternate No. 1 exceeds the project budget, Add -Alternate No. 1 will be eliminated from the project and the low bidder will be determined by the Base Bid amount. Award of the project will be made in the best interest of the Owner, Proiect Pians 2. Contractor -provided top soil shall meet the following requirements: Topsoil shall be a friable and loamy soil of uniform quality, without admixture of subsoil material, and shall be free from material such as hard clods, stiff clay, hardpan, partially disintegrated stone, pebbles larger than 2 inches In diameter and any other similar impurities. Topsoil shall be relatively free from grass, roots, weeds and other objectionable plant material or vegetative debris undesirable or harmful to plant life or which will prevent the formation of a suitable seedbed. 3. Contractor shall assume the in-place thickness of existing base rock is adequate - and shall be responsible for the addition of base rockto meet the proposed finished pavement elevations. 4. The wedge of base.rock used to transition from the finished pavement surface to the adjacent crushed stone parking area, as shown on the typical pavement sections, shall be six feet wide. Additional tonnage of Type 1 Aggregate Base has been included with Item 4 on the attached revised Bid Form page BP -4, con ring CWII Engfnears Land Suroey= Testing Laeoratodes SEP -06-2011 1220 CITY OF CAPE GIRARDEAU o'rs bol ecoe r.G 5. All excess excavated soil and crushed stone material shall be removed from the project area and disposed of by the Contractor. A spoil site Is available on the Shawnee Park property adjacent to West End Boulevard approximately 800' south of the south end of the project site. An area within the spoil site will be designated by the Owner for dumping of soil and crushed stone. Receipt of this Addendum shall be noted on Page BF -2, in the project Specification Booklet. This addendum must also be signed and attached to your Bid Documents along with a copy of the revised Bid Form page BF -4 (replace original page BF -4). A signed copy of the addendum must be faxed back to the Office of the City Engineer at 573-339-6303. f/JG�sz ' bate 1 G- Z Sincerely, Astephor M. Buerck, P.E. encl. Revised Unit Price Bid (BF -4) 2 are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. http://www.uscis.gov/portal/site/uscis Q) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): BF -3 SEP -06-2011 1220 CITY OF CAPE GIRARDEAU 573 651 0860 H.04 UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL QTY. PRICE EST. PRICE 1, TRAFFIC CONTROL L.S. 1 $ 1 000.00 $ 1,000-00 2. SHOULDER EXCAVATION AND LS 1 $ $ EDGETRIMMING 3,570.00 570.00 SHOULDER BACKFILL AND FINAL L5. 1 $ $ 3 GRADING 8 710.00 8 7 4. TYPE 1 AGGREGATE BASE TONS 1,215 $ 20.0 24 3 .0 5 HEAVY DUTY ASPHALT PAVEMENT FOR PARKING LOT S.Y. 499 $ 16.00 $ .7 ,984.00 6 NORMAL DUTY ASPHALT PAVEMENT FOR PARKING LOT S.Y.3,160 $ 6.80 $ 21 488.00 7 NORMAL DUTY ASPHALT PAVEMENT FOR ROADWAY S.Y. 2,464 $ 6.80 $ 16 755.20 8. CONCRETE CURB & GUTTER L.F. 150 $ 24.00 $ 3,60-0-0-0- 600.009. 9. CONCRETE DRAINAGE FWME EACH 1 $ 2,100.00 $ 2,1Q0.0 DID TOTAL FOR ALL UNIT PRICKS $ 89,507.20 EIGHTY NINE THOUSAND FIVE HUNDRED SEVEN DOLLARS AND 20/100 (Written figure) In addition to the Base Bid, the following Add -Alternate will be considered when determining the successful bidder for the project: DF -4 M U 11 ADD -ALTERNATE NO. 1 NO ITEM UNIT EST. UNIT TOTAL CITY. PRICE EST. PRICE CREDIT FOR NORMAL DUTY t. ASPHALT PAVEMENT FOR S.Y. -2,464 $ $ DRIVEWAY 6.80 -16,755.20 2 HEAVY DUTY ASPHALT S.Y. 2,464 $ $ PAVEMENT FOR DRIVEWAY15.10 17 90A 40 ADD -ALTERNATE NO. 1 TOTAL $ 20.451.20 TWENTY THOUSAND (Written figure) TOTAL FOR ALL BID PRICES $ (Base Bid & Add Alternate). 109 958.40 ONE HUNDRED NINE THOUSAND NINE HUNDRED FIFTY EIGHT DOLLARS AM 4n/100 (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are not guaranteed and final paymentwill be based on actual quantities determined as provided in the Contract Documents. 5_ BIDDER agrees that the Work will be substantially complete within forty-five (45) calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within sixty 60 calendar days after the date when the Contract Times commences to run. BF -5 ' RIDDER accepts the provisions of the Agreement as to liquidated damages in the event of complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. r (b) Any Addenda issued. F (c) Exhibit Affidavit of Work Authorization (d) Exhibit Affidavit of Excessive Unemployment (if applicable) (e) The E -Verify Program for Unemployment Verification .Memorandum of Understanding http://www.uscis.govifiles/nativedocuments/MOU,pdf (f) Exhibit Affidavit of OSHA Training (g) Certification Regarding,Debarment, Suspension and Other Responsibility Matters 7. Bidder agrees to submit the following documents within three (3) business days after the opening of Bids if requested: (a) BIDDER'S Qualification Statement with supporting data. 8. Communications concerning this Bid shall be addressed to: Name DARRELL HIBBITS OR TIMOTHY JOKERST Address 16444 HIGHWAY 32 STE. GEMEVIEVE, M0. 63670 (a) Performance and Payment Bonding Company Name SEE ATTACHED Address AgentlPower of Attorney Name (if used) Address iay 9. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on SEP'T'EMBER 6 2011. State Contractor License No. IF BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership By (SEAL) (Firm Name) (General Partner) Business address: 1206 min BF -7 A Corporation _ JOKERST INC. (Corporation Name) MISSOURI (State of Incorporation) E:y LYNN M. SCHREMP �419ml (Name of Person Authorized of Sign) VICE PRESIDENT (Title) (Corporate Seal) �f n++A�t � " 4 . (/Vii,Lr/a/ Business address: 32 H STE. GENEVIEVE, MO. 63670 Phone No.: (573)883-7401 Date of Qualification to do business is 1972 A Joint Venture By (SEAL; (Name) (Address) By (SEAL; (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) MOH ��• era. �r6`i',/ �h. a ,4 H STE. GENEVIEVE, MO. 63670 Phone No.: (573)883-7401 Date of Qualification to do business is 1972 A Joint Venture By (SEAL; (Name) (Address) By (SEAL; (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) MOH 19, 2011 it Services Director ze the City Manager to Enter into a Contract for Veterans Memorial Drive Phase 003); MARY rdeau desires the City Manager to enter into a contract with the lowest bidder for eterans Memorial Drive Phase I from LaSalle Avenue to Bainbridge Road in ty. This improvement will consist of clearing and grubbing, roadway excavation struction, erosion control, traffic control, construction of concrete pavement, cast prestressed concrete bridge, concrete box culvert construction, drainage concrete pipe and concrete inlets, retaining wall construction, signing, pavement ther associated construction items as stated in the specifications. ISCUSSION 1 bids were taken on this project. Nine (9) bids were received, with the bids X69.00 to $2,337,001.52. The engineer's estimate was $2,506,212.23. Lappe nitted the lowest bid. CT for VeteransMemorial Drive is $2,337,001.52, and is being funded partially ighways and Transportation Commission Federal Aid Supplemental Agreement Yo of the eligible costs not to exceed. $1,200,000.00. A second grant under the )ws the agency to participate in the cost utilizing STP -Urban funds.`.Federal 0% up to a maximum of $1,104,522.00, with a 20% match from the City, which is over the $2,580,652.00 that is not covered by the grants will be the financial ity. The City's portion of the agreement will be funded through the Motor Fuel ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS We an Outer Road that will run parallel to Interstate 55. The Outer Road will be orial Drive. The project will be constructed in several phases, this is phase 1. ,n up this area of the City for future development. .Nn A TTON Staff recommends that the City Manager be authorized to enter into a contract with Lappe Cement Finishing, Inc. for the construction of Veterans Memorial Drive Phase :I, contingent upon approval from the Missouri Department of Transportation. nn A nn nu rnMMTCCTnN RTi CnMMFNn ATTnN None required. PUBLIC OUTREACH Public meetings to receive input on this project were held on November 15, 2007 and February 28, 2008. ATTACHMENTS • Bid tabulation • BILL NO. 11-153, A Resolution authorizing; a Contract with; • Contract with Lappe Cement Finishing, Inc. • Map of Project Area i J OPENING ATE: September 8, 2011 i IME: 9:00 AM PLACE: CITY HALL, ENGINEERING SUMMARY OF PROPOSALS RECEIVED FOR: VETERANS MEMORIAL DRIVE PHASE I COMPUTED BY: KJ PAGE I OF 12 PACE CONSTRUCTION R L PERSONS CONSTRUCTION INC LAPPE CEMENT FINISHING ENGINEER'S ESTIMATE 1620 WOODSON RD PO BOX 3936 6064 HWY B ST LOUIS MO 53114 POPLAR BLUFF MO 63901 PERRYVILLE MO 63775 ITEM DESCRIPTION - UNIT QUANTI UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE PRICE PRICE PRICE 1 GENERAL CONTRACT LS 1 $ 75,000.00 $ 75,000.00 $275,000.00 $ 275,000.00 $ 78,000.00 $ 78,000.00 $ 68,500.00 $ 68,500.00 REQUIREMENTS, MOBILIZATION AND DEMOBILIZATION 2 REMOVAL OF EXISTING LS 1 $ 20,000.00 $ 20,000.00 $ 33,337.50 $ 33,337.50 $ 35,000.00$ 35,000.00 $ 29,300.00 $ 29,300.00 IMPROVEMENTS 3 CLEARING AND GRUBBING ACRE 18.6 $ 1,000.00 $ 18,600.00 $ 1,200.00 $ 22,320.01) $ 1,450.00 $ 26,970.00 $ 1,120.00 $ 20,832.00 4 TEMPORARY EROSION LS 1 $ 20,000.00 $ 20,000.00 $ 58,600.00 $ 58,600.00 $ 75,000.00 $ 75,000.00 $ 24,750.00 $ 24,750.00 CONTROL 5 CLASS 1 ROCK EXCAVATION CY 18.5 $ 225.00 $ 4,162.50 $ 395.00 $ 7,307.50 $ 200.00 $ 3,700.00 $ 190.00 $ 3,515.00 (BRIDGE AND RETAINING WALLS) 6 CLASS 3 EXCAVATION - ROCK CY 90 $ 165.00 $ 14,850.00 $ 170.00 $ 15,300.00 $ 205.00 $ 18,450.00 $ 100.00 $ 9,000.00 (STORM SEWERS) 7 CLASS 4 EXCAVATION - ROCK CY 70 $ 135.00 $ 9,450.00 $ 300.00 $ 21,000.00 $ 215.00 $ 15,050.00 $ 95.00 $ 6,650.00 (BOX CULVERTS) 8 CLASS C EXCAVATION, CY 14500 $ 10.00 $ 145,000.00 $ 66.00 $ 957,000.00 $ 14.00 $ 203,000.00 $ 10.42 $ 151,090.00 INCLUDING COMPACTING EMBANKMENT (SEE SPECS) 9 CLASS A EXCAVATION, CY 80771 $ 3.50 $ 282,698.50 $ 4.35 $ 351,353.85 $ 425 $ 343,276.75 $ 2.40 $ 193,850.40 INCLUDING COMPACTING EMBANKMENT (SEE SPECS) _ 10BORROW EXCAVATION CY 5668 $ 3.50 $ 19,838.00 $ 2.75 $ 15,587.00 $ 5.50 $ 31,174.00 $ 4.00 $ 22,672.00 11 COMPACTION IN CUT STA. 5 $ 600.00 $ 3,000.00 $ 560.00 $ 2,800.00 $ 600.00 $ 3,000.00 $ 680.00 $ 3,400.00 12 TYPE 2 DITCH LINER, FURNISH CY 205 $ 35.00 $ 7,175.00 $ 43.00 $ 8,815.00 $ 36.00 $ 7,380.00 $ 35.00 $ 7,175.00 AND PLACE 13 TYPE 2 ROCK BLANKET, CY 850 $ 35.00 $ 29,750.00 $ 43.00 $ 36,550.00 $ 30.00 $ 25,500.00 $ . 36.00 $ 30,600.00 FURNISH AND PLACE PAGE I OF 12 0 0 o 0 n 0 o 0 0 0 o0 S 0 0 0 0 o v o o O o N W (V r N N (O f0 N O O O O O O O O o � N eC l0 M m W h O N m m rN- N_ m m M rn M M N h N N O N O M W (A �9 IA M fA EA M i9 N N Uf (A M Vi CR fA lR f9 O O O O M m O O O O O O O S O O O O O O O O O V O O O O O O OO m N O O m O O O N O O O O O m d' m m N N N V m M m m N N (A CA N d> Vi Vi CA e M to ! 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U LLUM LL UM UU u. ¢ LLU w U LL U a�a3 LL co U M M M V) V) M N M V (A (O n cp W O N M � �� O V h V' W OJ O 51 12" DIAMETER STEEL CASING LF 160 $ 90.00 $ 14,400.00 $ 80.00 $ 12,800.00 $ 45.00 $ 7,200.00 $ 42.00 I. 6,720.00 52 FURNISH AND INSTALL ROAD SIGNAGE LS 1 $ 10,000.00 $ 10,000.00 $ 2,950.00 $ 2,950.00 $ 3,500.00 $ 3,500.00 $ 2,950.00 2,950.00 53 TEMPORARY TRAFFIC CONTROL INCLUDING BARRICADES AND SIGNAGE LS 1 $ 15,000.00 $ 15,000.00 $ 6,080.00 $ 6,080.00 $ 10,000.00 $ 10,000.00 $ 10,800.00 $ 10,800.00 54 TURF TYPE TALL FESCUE SODDING SF 650 $ 0.65 $ 422.50 $ 1.00 $ 650.00 $ 1.25 $ 812.50 $ 1.00 $ 650.00 55 SEEDING INCLUDING LIME, FERTILIZER, SEED & MULCH ACRE 12 $ 1,800.00 $ 21,600.00 $ 1,300.00 $ 15,600.00 $ 1,800.00 $ 21,600.00 $ 1,470.00 $ 17,640.00 56 A-3 SHOULDER TREATMENT SY 6856 $ 29.00 $ 198,824.00 $ 20.00 $ 137,120.00 $ 25.00 $ 171,400.00 $ 23.40 $ 160,430.40 $ 1,722,602.23 $2,933,067.75 $2,000,091.20 $1,543,633.72 PCC ALTERNATE 1 8" PCC CONCRETE PAVEMENT WITH OUT CURB SY 12466 $ 33.00 $ 411,378.00 $ - $ 34.00 $ 423,844.00 $ - 34.60 $ 431,323.60 2 8" PCC CONCRETE PAVEMENT WITH INTEGRAL CURB SY 7879 $ 34.00 $ 267,886.00 $ - $ 3700 $ 291,523.00 - $ 35.00 $ 275,765.00 3 e TYPE 5 AGGREGATE BASE SY 27832 $ 3.76 $ 104,370.00 $ - $ 3.00 $ 83,496.00 $ 3.10 $ 86,279.20 $ 783,534.00 $ - $ 798,863.00 $ 793,367.80 ASPHALT ALTERNATE 1 24" CONCRETE CURB AND GUTTER LF 2645 $ 18.50 $ 48,932.50 2 6" TYPE 5 AGGREGATE BASE SY 27832 $ 5.50 $ 153,076.00 3 PRIME 'GAL 3960 $ 4.60 $ 18,216.00 4 6" THICK ASPHALT BASE COURSE (IN 2 LIFTS) SY 19757 $ 19.50 $ 385,261.50 5 4" THICK ASPHALT WEARING SURFACE (IN 2 LIFTS) SY 19737 $ 13.25 $ 261,515.25 $ 867,001.25 TOTALS $ 2,506,236.23 $ 3,800,069.00 $ 2,798,954.20 $ 2,337,001.52 AMOUNT OF PROPOSAL GUARANTEE - 5%OF BID 51/oOF BID 5%OF BID SURETY 6ycedify/hafthe above isa true arMeomecf summary ofproposalsrac it inw p .�•m" Y rxxvre'p,T iwlWy; —LOWBIDDER^ PROJECT MANAGER —C12 PAGE 60F 12 BID OPENING DATE: September 8, 2011 TIME: 9:00 AM PLACE: CITY HALL, ENGINEERING SUMMARY OF PROPOSALS RECEIVED FOR: VETERANS MEMORIAL DRIVE PHASE I COMPUTED BY: KJ PAGE 5 OF 12 IRON MTN TRAP ROCK (FRED WEBI H R QUADRI CONTRACTORS LLC VERN BAUMAN CONTRACTING ENGINEER'S ESTIMATE 2320 CREVE COEUR MILL ROAD 73039 HIGHWAY 21 21471 HIGHWAY 32 MARYLAND HEIGHTS MO 63043 VAN BUREN MO 63965 STE GENEVIEVE MO 63570 ITEM DESCRIPTION UNIT QUANTI UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE PRICE PRICE PRICE 1 GENERAL CONTRACT LS 1 $ 75,000.00 $ 75,000.00 $170,949.30 $ 170,949.30 $268,969.05 $ 268,969.05 $ 53,325.00 $ 53,325.00 REQUIREMENTS, MOBILIZATION AND DEMOBILIZATION 2 REMOVAL OF EXISTING LS 1 $ 20,000.00 $ 20,000.00 $ 75,000.00 $ 75,000.00 $ 23,650.85 $ 23,650.85 $ 24,450.00 $ 24,450.00 IMPROVEMENTS 3 CLEARING AND GRUBBING ACRE 18.6 $ 1,000.00 $ 18,600.00 $ 2,600.00 $ 48,360.00 $ 5,155.52 ;"''�-,.- $-,',- $ 3,500.00 $ 65,100.00 4 TEMPORARY EROSION LS 1 $ 20,000.00 $ 20,000.00 $ 35,000.00 $ 35,000.00 $ 46,700.00 $ 46,700.00 $ 48,210.00 $ 48,210.00 5 CLASS ROCK EXCAVATION CY 18.5 $ 225.00 $ 4,162.50 $ 400.00 $ 7,400.00 $ 150.00 $ 2,775.00 $ 150.00 $ 2,775.00 (BRIDGE AND RETAINING _ 6 CLASS 3 EXCAVATION - ROCK CY 90 $ 165.00 $ 14,850.00 $ 25.00 $ 2,250.00 $ 10.00 $ 900.00 $ 125.00 $ 11,250.00 (STORM SEWERS) 7 CLASS 4 EXCAVATION - ROCK CY 70 $ 135.00 $ 9,450.00 $ 150.00 $ 10,500.00 $ 150.00 $ 10,500.00 $ 65.00 $ 4,550.00 (BOX CULVERTS) 8 CLASS C EXCAVATION, CY 14500 $ 10.00 $ 145,000.00 $ 10.00 $ 145,000.00 $ 4.10 $ 59,450.00 $ 22.00 $ 319,000.00 INCLUDING COMPACTING EMBANKMENT (SEE SPECS) 9 CLASS A EXCAVATION, CY 80771 $ 3.50 $ 282,698.50 $ 6.00 $ 484,626.00 $ 4.10 $ 331,161.10 $ 3.50 $ 282,698.50 INCLUDING COMPACTING EMBANKMENT (SEE SPECS) 10 BORROW EXCAVATION CY 56681$ 3.50 $ 19,838.00 -$ 1.00 $ 5,668.00 $ 1.00 $ 5,668.00 $ - $ - 11 COMPACTION IN CUT STA. 5 $ SOO= $ 3,000.00 $ 800.00 $ 4,000.00 $ 2,000.00 $ 10,000.00 $ 250.00 $ 1,250.00 12 TYPE 2 DITCH LINER, FURNISH CY 205 $ 35.00 $ 7,175.00 $ 60.00 $ 12,300.00 $ 40.00 $ 8,200.00 $ 32.00 $ 6,560.00 AND PLACE 13 TYPE 2 ROCK BLANKET, CY 850 $ 35.00 $ 29,750.00 $ 50.00 $ 42,500.00 $ 40.00 $ 34,000.00 $ 33.50 $ 28,475.00 FURNISH AND PLACE 14 BRIDGE APPROACH SLAB SY 243.1 $ 230.00 $ 55,913.00 $ 220.00 $ 53,482.00 $ 235.001$ 57,128.50 $ 52.00 $ 12,641.20 (BRIDGE) 1 PAGE 5 OF 12 15 CONCRETEAPPROACH SY 184.6 $ 130.00 $ 23,998.00 $ 100.00 $ 18,460.00 $ 195.00 $ 35,997.00 $ 52.00 $ 9,599.20 PAVEMENT - 12" 16 CLASS B-1 CONCRETE - CY 146.64 $ 600.00 $ 87,984.00 $ 750.00 $ 109,980.00 $ 524.00 $ 76,839.36 $ 550.00 $ 80,652.00 BRIDGE 17 CLASS B-2 CONCRETE (BRIDGE SY 217 $ 260.00 S 56,420.00 $ 170.00 $ 36,890.00 $ 94.00 $ 20,398.00 $ - 98.70 $ 21,417.90 DECK OVERLAY) 18 REINFORCING STEEL (BRIDGE) LBS 22660 $ 1.10 $ 24,926.00 $ 1.00 $ 22,660.00 $ 1.26 IOZI ° $ 1.301$ 29,458.00 19 PRECAST,PRESTRESSED EA 11 $ 8,000.00 $ 88,000.00 $ 8,900.00 $ 97,900.00 $ 8,291.00 $ 91,201.00 $ 13,110.00 $ 144,210.00 CONCRETE BOX BEAMS, 21" DEEP X 44" LONG 20 TYPE A GUARDRAIL AND LF 150 $ 30.00 $ 4,500.00 $ 21.00 $ 3,150.00 $ 27.80 $ 4,170.00 $ 20.90 $ 3,135.00 POSTS 21 GUARDRAIL TRANSITION EA 4 $ 500.00 $ 2,000.00 $ 300.00 $ 1,200.00 $ 473.18 $ 1,892.72 $ 575.00 $ 2,300.00 SECTION 6 FT POSTS 22 TYPE A CRASHWORTHY EA 6 $ 2,500.00 $ 15,000.00 $ 1,850.00 $ 11,100.00 $ 2,841.75 $ 17,050.50 $ 2,200.00 S 13,200.00 GUARDRAL END TERMINAL (SEE SPECIAL PROVISIONS) 23 TERMINAL END SECTIONS (SEE EA 2 $ 1,000.00 $ 2,000.00 $ 1,800.00 $ 3,600.00 $ 978.75 $ 1,957.50 $ 880.00 $ 1,760.00 SPECIAL PROVISIONS) 24 TYPE E GUARDRAIL, POSTS, LF 137.5 $ 55.00 $ 7,562.50 $ 150.00 $ 20,625.00 $ 116.38 $ 16,002.25 $ 83.00 $ 11,412.50 END SECTIONS AND DELINEATORS, WHITE (BRIDGE) 25 CHAIN LINK FENCE, 48" HIGH LF 298.0 $ 18.00 $ 5,364.00 S 16.00 $ 4,768.00 $ 27.68 $ 8,248.64 $ 23.00 $ 6,854.00 (WALL ALONG SANDER'S PROPERTY) 26 CONCRETE RETAINING WALL SF 3020 $ 27.00 $ 81,540.00^ $ 40.00 $ 120,800.00 $ 3349 $ 37.10 $ 112,042.00 (WALL ALONG SANDER'S PROPERTY) , r" 27 6"THICK CONCRETE DRIVEWAY PAVEMENT LF 920 S 33.00 $ 30,360.00 $ 25.00 $ 23,000.00 $ 59.45 ^ !� $ 40.15 $ 36,938.00 (NO ,1 28 10'X 8' SINGLE BARREL LF 172 $ 560.00 $ 96,320.00 $ 900.00 $ 154,800.00 $ 745.00 $ 128,140.00 $ 615.00 $ 105,780.00 CONCRETE BOX CULVERT 29 8'X T SINGLE BARREL LF 162 $ 475.00 $ 76,950.00 $ 675.00 $ 109,350.00 $ 675.00 $ 109,350.00 $ 585.00 $ 94,770.00 CONCRETE BOX CULVERT 30 FURNISH AND INSTALL 1511 LF 563 $ 26.00 $ 14,638.00 $ 33.00 $ 18,579.00 $ 35.00 19,705.00 $ 31.75 $ 17,875.25 CLASS III RCP r 31 FURNISH AND INSTALL 18" LF 140 $ 30.00 $ 4,200.00 $ 42.001$- 5,680.00 $ 35.001$ 4,900.00 $ 42.60 $ 5,964.00 CLASS III RCP FA F" -12 32 FURNISH AND INSTALL 24 CLASS III RCP LF 554 $ 70.00 $ 38,780.00 $ 47.00 $ 26,038.00 $ 45.83 a „ $ 44.85 $ 24,846.90 '+✓. 33 FURNISH AND INSTALL 30" LF 99 $ 90.00 $ 8,910.00 $ 56.00 $ 5,544.00 $ 59.99 $ 80.50 $ 7,969.50 CLASS III RCP MINES, � 34 FURNISH AND INSTALL 60" LF 95 $ 195.00 $ 18,525.00 $ 150.00 $ 14,250.00 $ 190.74 $ 18, 20.30 $ 186.00 $ 17,670.00 CLASS III RCP 35 FURNISH AND INSTALL 15" EA 4 $ 600.00 $ 2,400.00 $ 840.00 $ 3,360.00 $ 550.00 $ 2,200.00 $ 398.00 $ 1,592.00 CLASS 111 RCP FLARED END SECTION 36 FURNISH AND INSTALL 60" EA 2 S 3,000.00 $ 6,000.00 $ 3,720.00 $ 7,440.00 $ 4,430.00 $ 8,860.00 $ 2,285.00 $ 4,570.00 CLASS III RCP FLARED END SECTION 37 CONNECT RCP PIPE TO BOX EA 2 $ 1,100.00 $ 2 ,200.00 $ 1,140.00 $ 2,280.00 $ 2,500.00 $ 5,000.00 $ 250.00 $ 500.00 CULVERT 38 FURNISH AND INSTALL 3'X 3' EA 5 $ 2,100.00 $ 10,500.00 $ 1,700.00 $ 8,500.00 $ 1,638.00 $ 8,190.00 $ 1,690.00 $ 8,450.00 AREAINLET 39 FURNISH AND INSTALL 5' X 3' EA 8 $ 3,200.00 $ 25,600.00 $ 2,160.00 $ 17,280.00 $ 2,235.00 $ 17,880.00 $ 2,360.00 $ 18,880.00 CURB INLET (CAPE STANDARD) 40 FURNISH AND INSTALL 6'X 3' EA 1 $ 4,200.00 $ 4,200.00 $ 2,900.00 $ 2,900.00 $ 2,482.00 $ 2,482.00 $ 2,290.00 $ 2,290.00 CURB INLET (CAPE STANDARD) 41 FURNISH AND INSTALL X 4' EA 1 $ 5,200.00 $ 5,200.00 $ 3,600.00 $ 3,600.00 $ 2,803.00 $ 2,803.00 $ 2,640.00 $ 2,640.00 CURB INLET (CAPE STANDARD) 42 L2 FURNISH ANDEAND LS 1 $ 3 ,000.00 $ 3,000.00 $ 1,500.00 $ 1,500.00 $ 5,250.00 $ 5,250.00 $ 1,080.00 $ 1,080.00 12"X 12" GRATE AND 8" SDR35 DR35 PVC DRAIN AT RETAINING WALL (SEE PLANS) 43 FURNISH AND INSTALL LF 331 $ 10.00 $ 3,310.00 $ 19.00 $ 6,289.00 $ 5.00 IT 1,655.00 $ 23.00 $ 7,613.00 BGRADD SUBGRADE DRAIN PIPING 44 CONCRETE ISLANDS SY 42 $ 40.00 $ 1,680.00 $ 37.00 $ 1,554.00 $ 42.00 $ 1,764.00 $. 49.50 $ 2,079.00 45 STRIPING - 24" STOP BAR LF 22.5 $ 1.05 $ 23.63 $ 3.00 $ 67.50 $ 2.75 $ 61.88 $ 1.80 $ 40.50 46 STRIPING -4"DOUBLE LF 5560 $ 0.30 $ 1,668.00 $ 0.36 $ 2,001.60 $ 0.42 $ 2,335.20 $ 0.75 $ 4,170.00 YELLOW, SOLID 47 STRIPING - TURN ARROW EA 31$ 375.00 $ 1,125.00 $ 35.00 $ 105.00 $ 640.00 $ 1,920.00 $ 55.00 $ 165.00 48 STRIPING -4"SINGLE WHITE LF 11915 $ 0.15 $ 1,787.25 $ 0.18 $ 21144.70 S 0.42 $ 5,004.30 $ 0.40 S 4,766.00 (SOLID) 49 STRIPING -4"DASHED WHITE LF 1955 $ 0.12 $ 234.60 $ 0.18 $ 351.90 $ 0.42 $ 821.10 $ 0.40 $ 782.00 50 STRIPING -24"YELLOW HASH LF 85 $ 0.15 $ 12.75 $ 300 $ 255.00 $ 2.75 $ 233.75 $ 1.50 $ 127.50 MARKS 51 2" DIAMETER STEEL CASING LF 160 $ 90.00 $ 14,400.00 $ 90.00 $ 14,400.00 $ 46 00 $ 7,360.00 $ 75.00 $ 12,000.00 PAGE 7 OF 12 52 FURNISH AND INSTALL ROAD SIGNAGE LS 1 $ 10,000.00 $ 10,000.00 $ 2,950.00 $ 2,950.00 $ 15,000.00 $ 15,000.00 $ 4,705.00 $ 4,705.00 53 TEMPORARY TRAFFIC CONTROL INCLUDING BARRICADES AND SIGNAGE LS 1 $ 15,000.00 $ 15,000.00 $ 12,000.00 $ 12,000.00 $ 10,000.00 $ 10,000.00 $ 8,000.00 $ 8,000.00 54 TURF TYPE TALL FESCUE SODDING SF 650 $ 0.65 $ 422.50 $ 1.00 $ 650.00 $ 404 syr gra '". $ 2.00 $ 1,300.00 55 SEEDING INCLUDING LIME. FERTILIZER, SEED & MULCH ACRE 12 $ 1,800.00 $ 21,600.00 $ 1,300.00 $ 15,600.00 $ 1,708M li i1- '� $ 1,575.00 $ 18,900.00 56 A-3 SHOULDER TREATMENT SY 68561$ 29.00 $ 198,824.00 $ 25.00 $ 171,400.00 $ 22.48 $ 154,122.88 $ 25.85 $ 177,227.60 $ 1,722,602.23 $ 2,182,238.00 (., � j,0y 7„'; , $ 1,890,015.55 PCC ALTERNATE 1 8" PCC CONCRETE PAVEMENT WITH OUT CURB SY 12466 $ 33.00 $ 411,378.00 $ 31.50 $ 392,679.00 $ 34.02 $ 424,093.32 $ 34.95 $ 435,686.70 2 S" PCC CONCRETE PAVEMENT WITH INTEGRAL CURB SY 7879 $ 34.00 $ 267,886.00 $ 33.00 $ 250,007.00 $ 34.97 $ 275,528.63 $ 34.95 $ 275,371.05 3 4" TYPE 5AGGREGATE BASE SY 27832 $ 3.75 $ 104,370.00$ 5.50 $ 153,076.00 $ 4.37 `aI:a'�,I-',,,'' '° 01 $ 3.20 $ 89,062.40 $ 783,634.0 $ 805,762.00 $ 821,247.79 $ 800,120.15 ASPHALT ALTERNATE 1 24" CONCRETE CURB AND LF 2645 2 6" TYPE 5 AGGREGATE BASE SY 28891 3 PRIME GAL 6715 4 6" THICKASPHALT BASE COURSE (IN 2 LIFTS) SY 26491 5 4"THICK ASPHALT WEARING SURFACE (IN 2 LIFTS) SY 26491 6 A-3 SHOULDER TREATMENT SY 7144 TOTALS $ 2,506,236.23 $ 2,988,000.00 $ 2,821,998.53 $ 2,690,136.70 AMOUNT OF PROPOSAL GUARANTEE 5%OF BID 5%OF BID 5%OFBID SURETY TRAVELERS CASUALTY HANOVER INSURANCE UNITED FIRE & CASUALTY r Yb Aify fhatfhe ahovof atrue a`m'cmects aryofp posakf ce PROJECTMANAGER PAGE R of 12 BID OPENING DATE: September 8, 2011 TIME: 9:00 AM PLACE: CITY HALL, ENGINEERING SUMMARY OF PROPOSALS RECEIVED FOR: VETERANS MEMORIAL DRIVE PHASE I COMPUTED BY: KJ PAGE 9 OF 12 C E CONTRACTING, INC EMERY SAPP & SONS, INC DUMEY CONTRACTING ENGINEER'S ESTEU&TE 10411 KIMMEL LAKE RD 2602 N STADIUM BLVD PO BOX 558 STE GENEVIEVE MO 63670 COLUMBIA MO 65202 BENTON MO 63730 REM DESCRIPTION UNIT QUANTM UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. PRICE PRICE PRICE PRICE 1 GENERAL CONTRACT LS 1 $ 75,000.00 $ 75,000.00 $ 49,500.00 $ 49,500.00 $285,000.00 $ 285,000.00 $132,000.00 $ 132,000.00 REQUIREMENTS, MOBILIZATION AND DEMOBILIZATION 2 REMOVAL OF EXISTING LS 1 $20,000.00 $ 20,000.00 $ 75,000.00 $ 75,000.00 $ 21,000,00 $ 21,OOD.00 $ 37,582.00 $ 37,582.00 IMPROVEMENTS 3 CLEARING AND GRUBBING ACRE 18.6 $ 1,000.00 $ 18,600.00 $ 1,000.00 $ 18,600.00 $ 3,000.00 $ 55,800.00 $ 1,100.00 $ 20,460.00 4 TEMPORARY EROSION LS 1 $ 20,000.00 $ 20,000.00 $ 62,800.00 $ 62,800.00 $ 60,000.00 $ 60,000.00 $ 70,000.00 $ 70,000.00 CONTROL 5 CLASS 1 ROCK EXCAVATION CY 18.51$ 225.00 $ 4,162.50 $ 200.00 $ 3,700.00 $ 230.00 $ 4,255.00 $ 130.00 $ 2,405.00 (BRIDGE AND RETAINING WALLS) 6 CLASS 3 EXCAVATION - ROCK CY 90 $ 165.00 $ 14,850.00 $ 115.00 $ 10,350.00 $ 40.00 $ 3,600.00 $ 70.00 $ 6,300.00 (STORM SEWERS) 7 CLASS 4 EXCAVATION - ROCK CY 70 $ 135.00 $ 9,450.00 $ 100.00 $ 7,000.00 $ 55.00 $ 3,850.00 $ 130.00 $ 9,100.00 (BOX CULVERTS) 8 CLASS C EXCAVATION, CY 14500 $ 10.00 $ 145,000.00 $ 21.50 $ 311,750.00 $ 11.50 $ 166,750.00 $ 14.75 $ 213,875.00 INCLUDING COMPACTING EMBANKMENT (SEE SPECS) 9 CLASS A EXCAVATION, CY 80771 $ 3.50 $ 282,698.50 $ 3.83 $ 309,352.93 $ 5.00 $ 403,855.00 $ 4.78 $ 386,085.38 INCLUDING COMPACTING EMBANKMENT (SEE SPECS) 10 BORROW EXCAVATION CY 5668 $ 3.50 $ 19,838.00 $ 7.76 $ 43,983.68 $ 0.01 $ 56.68 $ 2.15 $ 12,186.20 11 COMPACTION IN CUT STA. 5 $ 600.00 $ 3,000.00 $ 488.00 $ 2,440.001$ 775.00 $ 3,875.00 $ 700.00 $ 3,500.00 12 TYPE 2 DITCH LINER, FURNISH CY 205 $ 35.00 $ 7,175.00 $ 31.00 $ 6,355A0 $ 54.00 $ 11,070.00 $ 32.00 $ 6,560.00 AND PLACE 1 13 TYPE 2 ROCK BLANKET, CY 850 $ 35.00 $ 29,750.00 $ 35.00 $ 29,750.00 $ 52.00 $ 44,200.00 $ 34.001$ 28,900.00 FURNISH AND PLACE 1 1 PAGE 9 OF 12 14 BRIDGE APPROACH SLAB SY 243.1 $ 230.00 $ 55,913.00 $ 130.00 $ 31,603.00 $ 205.00 $ 49,835.50 $ 285.00 $ 69,283.50 (BRIDGE) 15 CONCRETEAPPROACH SY 184.6 $ 130.00 $ 23,998.00 $ 90.00 $ 16,614.00 $ 115.00 $ 21,229.00 $ 160.00 $ 29,536.00 PAVEMENT -12" 16 CLASS B-1 CONCRETE- CY 146.64 $ 600.00 $ 87,984.00 $ 550.00 $ 80,652.00 $ 500.00 $ 73,320.00 $ 600.00 $ 87,984.00 BRIDGE 17 CLASS B-2 CONCRETE (BRIDGE SY 217 $ 260.00 $ 56,420.00 $ 140.00 $ 30,380.00 $ 100.00 $ 21,700.00 $ 150.00 $ 32,550.00 DECK OVERLAY) 18 REINFORCING STEEL (BRIDGE) LBS 22660 $ 1.10 $ 24,926.00 $ 1.35 $ 30,591.00 $ 0.95 $ 21,527.00 $ 1.60 $ 36,256.00 19 PRECAST,PRESTRESSED EA 11 $ 8,000.00 $ 88,000.00 $ 8,000.00 $ 88,000.00 $ 7,600.00 $ 83,600.00 $ 8,850.00 $ 97,350.00 CONCRETE BOX BEAMS, 21" DEEP X 44" LONG 20 TYPE A GUARDRAIL AND LF 150 $ 30.00 $ 4,500.00 $ . 22.70 $ 3,405.00 $ 21.00 $ 3,150.00 $ 23.10 $ 3,465.00 POSTS 21 GUARDRAIL TRANSITION EA 4 $ 500.00 $ . 2,000.00 $ 324.00 $ 1,296.00 $ 300.00 $ 1,200.00 $ 330.00 $ 1,320.00 SECTION 6 Fr POSTS 22 TYPE A CRASHWORTHY EA 6 $ 2,500.00 $ 15,000.00 $ 2,000.00 $ 12,000.00 $ 1,850.00 $ 11,100.00 $ 2,035.00 $ 12,210.00 GUARDRAL END TERMINAL (SEE SPECIAL PROVISIONS) 23 TERMINAL END SECTIONS (SEE EA 2 $ 1,000.00 $ 2,000.00 $ 1,940.00 $ 3,880.00 $ 1,800.00 $ 3,600.00 $ 1,980.00 $ 3,960.00 SPECIAL PROVISIONS) 24 TYPE E GUARDRAIL, POSTS, LF 137.5 $ 55.00 $ 7,562.50 $ 162.00 $ 22,275.00 $ 150.00 $ 20,625.00 $ 165.00 $ 22,687.50 END SECTIONS AND DELINEATORS, WHITE (BRIDGE) 25 CHAIN LINK FENCE, 48" HIGH LF 298.0 $ 18.00 $ 5,364.00 $ 17.00 $ 5,066.00 $ 16.00 $ 4,768.00 $ 17.60 $ 5,244.80 (WALL ALONG SANDER'S PROPERTY) 26 CONCRETE RETAINING WALL SF 3020 $ 27.00 $ 81,540.00 $ 31.50 $ 95,130.00 $ 50.00 $ 151,000.00 $ 40.00 $ 120,800.00 (WALL ALONG SANDER'S PROPERTY) 27 6'p THICK CONCRETE LF 920 $ 33.00 $ 30,360.00 $ 31.10 $ 28,612.00 $ 40.00 $ 36,800.00 $ 38.25 $ 35,190.00 DRIVEWAY PAVEMENT (NO 28 19 X 8' SINGLE BARREL LF 172 $ 560.00 $ 96,320.00 $ 550.00 $ 96,320.00 $ 760.00 $ 130,720.00 $ 580.00 $ 99,760.00 CONCRETE BOX CULVERT 29 VX S SINGLE BARREL LF 162 $ 475.00 $ 76,950.00 $ 530.00 $ 85,860.00 $ 690.00 $ 111,780.00 $ 510.00 $ 82,620.00 CONCRETE BOX CULVERT 30 FURNISH AND INSTALL 15' LF 563 $ 26.001$ 14,638.00 $ 25.40 $ 14,300.20 $ 39.00 $ 21,957.00 $ 30.00 $ 16,890.00 CLASS Ill RCP PAGE'- IF 12 31 FURNISH AND INSTALL 18" LF 140 $ 30.00 $ 4,200.00 $ 29.20 $ 4,088.00 $ 33.00 $ 4,620.00 $ 32.00 $ 4,480.00 CLASS III RCP 32 FURNISH AND INSTALL 24" LF 554 $ 70.00 $ 38,780.00 $ 39.40 $ 21,827.60 $ 42.00 $ 23,268.00 $ 38.00 $ 21,052.00 CLASS Ill RCP 33 FURNISH AND INSTALL 30" LF 99 $ 90.00 $ 8,910.00 $ 47.80 $ 4,732.20 $ 52.00 $ 5,148.00 $ 48.00 $ 4,752.00 CLASS III RCP 34 FURNISH AND INSTALL 60" LF 95 $ 195.00 $ 18,525.00 $ 137.00 $ 13,015.00 $ 212.00 $ 20,140.00 $ 160.00 $ 15,200.00 CLASS III RCP 35 FURNISH AND INSTALL 15" EA 4 $ 600.00 $ 2,400.00 $ 520.00 $ 2,080.00 $ 620.00r$4,800.00 ,480.00 $ 620.00 $ 2,480.00 CLASS III RCP FLARED END SECTION 36 FURNISH AND INSTALL 60" EA 2 $ 3,000.00 $ 6,000.00 $ 2,750.00 $ 5,500.00 $ 2,400.00 $ 3,500.00 $ 7,000.00 CLASS III RCP FLARED END SECTION 37 CONNECT RCP PIPE TO BOX EA 2 $ 1,100.00 $ 2,200.00 $ 350.00 $ 700.00 $ 1,400.00,800.00 $ 400.00 $ 800.00 CULVERT 38 FURNISH AND INSTALL 3'X 3' EA 5 $ 2,100.00 $ 10,500.00 $ 2,050.00 $ 10,250.00 $ 2,100.00 $ 10,500.00 $ 1,800.00 $ 9,000.00 AREAINLET 39 FURNISH AND INSTALL 5' X 3' EA 8 $ 3,200.00 $ 25,600.00 $ 2,260.00 $ 18,080.00 $ 2,500.00 $ 20,000.00 $ 2,600.00 $ 20,800.00 CURB INLET (CAPE STANDARD) 40 FURNISH AND INSTALL 6' X 3' EA 1 $ 4,200.00 $ 4,200.00 $ 2,870.00 $ 2,870.00 $ 2,900.00 $ 2,900.00 $ 2,600.00 $ 2,600.00 CURB INLET (CAPE STANDARD) 41 FURNISH AND INSTALL 6'X 4' EA 1 $ 5,200.00 $ 5,200.00 $ 3,670.00 $ 3,670.00 $ 3,400.00 $ 3,400.00 $ 3,000.00 $ 3,000.00 CURB INLET (CAPE STANDARD) 42 FURNISH AND INSTALL 2 EACH LS 1 $ 3,000.00 $ 3,000.00 $ 1,420.00 $ 1 ,420.00 $ 2,400M $ 2,400.00 $ 3,500.00 $ 3,500.00 12" X 12" GRATE AND 8" SDR35 PVC DRAIN AT RETAINING WALL (SEE PLANS) 43 FURNISH AND INSTALL LF 331 $ 10.00 $ 3,310.00 $ 17.50 $ 5,792.50 $ 57.00 $ 18,867.00 $ 25.00 $ 8,275.00 SUBGRADE DRAIN PIPING 44 CONCRETE ISLANDS SY 1 421$ 40.00 $ 1,680.00 $ 48.60 $ 2,041.20 $ 55.00 $ 2,436.00 $ 45.00 $ 1,890.00 45 STRIPING -24"STOP BAR LF 1 22.51$ 1.05 $ 23.63 $ 3.25 $ 73.13 $ 3.00 $ 67.50 $ 3.63 $ 81.68 46 STRIPING -4"DOUBLE LF 5560 $ 0.30 $ 1,668.00 $ 0.40 $ 2,224.00 $ 0.36 $ 2,001.60 $ 0.97 $ 5,39320 YELLOW, SOLID 47 STRIPING-TURN ARROW EA 3 $ 375.00 $ 1,125.00 $ 40.00 $ 120.00 $ 35.00 $ 105.00 $ 72.50 $ 217.80 48 STRIPING -4"SINGLE WHITE LF 11915 $ 0.15 $ 1,787.25 $ 0.20 $ 2,383.00 $ 0.18 $ 2,144.70 $ 0.49 $ 5,838.35 (SOLID) 49 STRIPING -4"DASHED WHITE LF 1955 $ 0.121$ 234.601$ 0.201$ 391.001$ 0.15 $ 351.90 $ 0.491$ 957.95 50 STRIPING - 24" YELLOW HASH LF 85 $ 0.15 $ 12.75 $ 3.25 $ 276.25 $ 3.00 $ 255.00 $ 3.63 $ 308.55 MARKS PAGE it OF 12 51 12" DIAMETER STEEL CASING LF 160 $ 90.00 $ 14,400.00 $ 45.50 $ 7,280.00 $ 80.00 $ 12,800.00 $ 30.00 $ 4,800.00 52 FURNISH AND INSTALL ROAD SIGNAGE LS 1 $10,000.00 $ 10,000.00 $ 3,190.00 $ 3,190.00 $ 2,950.00 $ 2,950.00 $ 3,245.00 $ 3,245.00 53 TEMPORARY TRAFFIC CONTROL INCLUDING BARRICADES AND SIGNAGE LS 1 $ 15,000.00 $ 15,000.00 $ 8,640.00 $ 8,640.00 $ 9,580.00 $ 9,580.00 $ 8,800.00 $ 8,800.00 54 TURF TYPE TALL FESCUE SODDING SF 650 $ 0.65 $ 422.50 $ 1.08 $ 702.00 $ 1.00 $ 650A0 $ 1.25 $ 812.50 55 SEEDING INCLUDING LIME, FERTILIZER SEED & MULCH ACR 12 $ 1,800.00 $ 21,600.00 $ 1,400.00 $ 16,800.00 $ 1,300.00 $ 15,600.00 $ 1,500.00 $ 18,000.00 56 A-3 SHOULDER TREATMENT SY 6856 $ 29.00 $ 198,824.00 $ 25.20 $ 172,771.20 $ 20.00 $ 137,120.00 $ 23.75 $ 162,830.00 $ 1,722,602.23 $ 1,887,482.89 IS 2,138,607.88 $ 2,002,174.41 PCC ALTERNATE 1 8" PCC CONCRETE PAVEMENT WITH OUT CURB SY 12466 $ 33.00 $ 411,378.00 $ 33.30 $ 415,117.80 $ 31.50 $ 392,679.00 $ 33.30 $ 415,117.80 2 8" PCC CONCRETE PAVEMENT WITH INTEGRAL CURB SY 7879 $ 34.00 $ 267,886.00 $ 33.30 $ 262,370.70 $ 31.76 $ 250,15825 $ 33.30 $ 262,370.70 3 4" TYPE 5 AGGREGATE BASE SY 278321$ 3.75 $ 104,370.00 $ 3.83 $ 106,596.56 $ 4.30 $ 119,677.60 $ 4.20 $ 116,894.40 $ 783,634.00 $ 784,085.06 $ 762,514.85 $ 794,382.90 ASPHALT ALTERNATE 1 24" CONCRETE CURB AND LF 2645 2 6" TYPE 5 AGGREGATE BASE SY 28891 3 PRIME GAL 6715 4 6" THICK ASPHALT BASE COURSE (IN 2 LIFTS) SY 26491 5 4" THICK ASPHALT WEARING SURFACE (IN 2 LIFTS) SY 26491 6 A-3 SHOULDER TREATMENT SY 7144 TOTALS $ 2,506,236.23 $ 2,671,567.95 $ 2,901,122.73 $ 2,796,557.31 AMOUNT OF PROPOSAL GUARANTEE 5 % OF BED 5 % OF BID 5 % OF BID SURETY TRAVELERS CASUALTY & SURETY LIBERTY MUTUAL INSURANCE LIBERTYMUTUAL INSURANCE rebycerllfy that lhaabov iss truean600 Wsummaryofpmposalsra awed PROJECT MANAGER PAGE 11 OF 12 BILL NO. 11-153 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC., FOR THE VETERANS MEMORIAL DRIVE PHASE I PROJECT, FOR THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Lappe Cement Finishing, Inc., for the Veterans Memorial Drive Phase I Project. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CONTRACT CITY OF CAPE GIRARDEAU VETERANS MEMORIAL DRiVE CAPE GIRARDEAU COUNTY MISSOURI PROJECT NUMBER J010767A STANDARD FORM OF AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU MISSOURI AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2011 by and between the City of Cape Girardeau, Mlssourl (hereinafter called THE CITY) and Cement Finishing, Inc. (hereinafter called CONTRACTOR). THE CITY and CONTRACTOR, In consideration of the mutual covenants hereinafter set forth, agree as follows herein: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: ro!-tn0 construction of ailewctty streefconsisting of c?earing and grubbing; roadway excavabon and - embankment construction, erosion control, traffic control, construction of concrete, pavement (or an asphalt paving option), construction of a precast prestressed concrete bridge, concrete box culvert construction, drainage construction'Including concrete pipe and concrete inlets, retaining wall construction,_ signing, pavement striping, seedingand other associated construction Items, Article2. ENGINEER. The City of Cape Girardeau, or their designee, is to act as the CITY'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be completed and ready for acceptance by the City within 150 WORKING DAYS as provided in Section 5, Page P- 6 in the Bid Farm Section, and ready for final payment within 45 CALENDAR DAYS following completion and acceptance of all Work. 3.2 Liquidated Damages, The CITY and CONTRACTOR recognize that time Is of the essence of this Agreement and that the CITY will suffer financial loss if the Work is not completed within the times specified In paragraph 3.1 above, plus any extensions thereof allowed in accordance with the Standard Specifications. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by THE CITY N the Work Is not competed on time, Accordingly, Instead of requiring any such proof, THE CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY ONE THOUSAND TWO HUNDRED TWENTY FIVE AND NO/100 DOLLARS (11,225.001 for each calendar day that expires after the time specified in paragraph 3.1 above for completion and acceptance until the Work is complete. After acceptance of Work, the Contractor shall complete and present to the City of Cape Girardeau all final papers within 45 CALENDAR DAYS. Liquated damages of ONE THOUSAND AND N01100 DOLLARS ($1.000.00) will be assessed for each calendar day that expires after the specified 45 calendar days. C-1 Article 4. CONTRACT PRICE. 4.1 The CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sure of the amounts determined pursuant to paragraph 4.2 below. 4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified Item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. Two million three hundred thirty-seven TOTAL OF ALL UNIT PRICES: thousand one dollar and 527100 ($ 2,337,001.52 As provided within these 131dding Documents, the estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by the City of Cape Girardeau as provided for within these Documents. Article 5. PAYMENT PROCEDURES. Measurement and Payment of Contract Quantities will be in accordance with Section 100 of the "MISSOURI STANDARD SPECIFICATION FOR HIGHWAY CONSTRUCTION", 2004 EDITION INCLUDING SUPPLEMENTAL SPECIFICATIONS TO THE 2004 MISSOURI STANDARD SPECIFICATION FOR HIGHWAY CONSTRUCTION 02101/11 except that payment will be on a monthly basis 5A Progress payments and Retainage. THE CITY shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or All such payments will be measured by the schedule of values established within these documents (and In the case of Unit Price Work based on the number of units completed). 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage Indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as the City of Cape Girardeau may lawfully withhold. 100% payment for all Work completed and accepted as determined by the City of Cape Girardeau. If the character and progress of the Work is satisfactory, the City of Cape Girardeau may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no retainage on the amount of Work that is completed and accepted. 5.1.2 Upon Substantial Completion, the City of Cape Girardeau may require, in writing, that a specified amount of the semifinal payment may be withheld to insure that all remaining contractual obligations are met by the Contractor in a satisfactorily manner and on a timely basis. 5.2 Final Payment. Upon final completion and acceptance of the Work, the City of Cape Girardeau shall pay the remainder of the Contract Price, and any approved Change Orders as recommended and approved by City of Cape Girardeau. Article 6. INTEREST. 6.1 All moneys not paid when due as provided within these Specifications shall bear interest at the maximum rate allowed by law at the place of the Project. 6.2 Upon receipt from the Contractor of all required final documents, final payment to the Contractor shall be made within 30 CALENDAR DAYS or interest will accrue on all unpaid amounts in accordance with current provisions that are contained within the State of Missouri Revised Statues. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce the City to enter into the Agreement, CONTRACTOR makes the following representations: C-2 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and Is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR accepts the determination set forth to the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in the Specifications. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes: CONTRACTOR acknowledges that THE CITY OF CAPE GIRARDEAU or the ENGINEER does not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, Investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, _.techniques, -sequences and procedures -of -construction to be employed by CONTRACTORandsafety -- precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by the City of Cape Girardeau and others at the site that relates to the Work as Indicated in the Contract Documents, 7.6 CONTRACTOR has correlated the Information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, Investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered In the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to Indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8, CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between the CITY and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages C - 1 to C - 14 inclusive). 8.2 Exhibits to this Agreement (pages ). 8.3 Performance, Payment, and other Bonds, and insurance(s) as identified as exhibits INSURANCE AND BOND DOCUMENTS and consisting of pages. 8.4 Notice to Proceed (to be issued upon Contract approval by MoDOT and the City of Cape Girardeau Missouri. C-3 8.5 Specifications are the 2004 Edition of the MISSOURI STANDARD SPECIFICATION FOR HIGHWAY CONSTRUCTION including SUPPLEMENTAL SPECIFICATIONS TO THE 2004 MISSOURI STANDARD SPECIFICATION FOR HIGHWAY CONSTRUCTION 02101111. 8.6 Project Drawings 79 sheets. 8.7 Addenda numbers to inclusive. 8.8 CONTRACTOR'S Bid pages P -1 to P -18 , inclusive. Marked "Exh i bit A" 8.9 Technical Specifications, Permits, Instructions as outlined within the Index for these Documents. 8.10 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _ Inclusive). 8.11 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents. The documents listed in paragraphs, 8.2 at seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided In the Project Standard Specifications. Article9. MISCELLANEOUS, 9.1 Terms used in this Agreement which are defined within other Sections of these Documents. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 The CITY OF CAPE GIRARDEAU and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the CITY OF CAPE GIRARDEAU and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 The General Contractor shall provide to the City of Cape Girardeau weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project including those times when no work was accomplished. These may be provided on a weekly basis or submitted monthly with each pay request. C-4 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER City of Cape Girardeau Scott Meyer, City Manager By: [CORPORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau� MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. 2011 (which is the CONTRACTOR_ Lappe Cement Finishing Inc. [CORPORATE SEAL] Attest Address forgiving notices 8064 Highway B Perryville, MO 63776 License No. C-5 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) BREAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform the following items of work directly without employment of ubcontractors: It is anticipated that the following subcontractors will be employed for work on this project: See page P-10 of contractor's Proposal It is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Name) (Type of Work) _. 5M SPONSOR: CITY OF CAPE GIRARDEAU MISSOURI PROJECT: VETERANS MEMORIAL DRIVE CONTRACTORS AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS (To be executed and filed in duplicate upon Project Completion) 20 To CITY OF CAPE GIRARDEAU MISSOURI: Thfs fs to certify that all lawful claims for material, lubricants, fuel, coke, repairs on. machinery, groceries and foodstuffs, equipment and tools consumed or used in connection with the construction of the above mentioned project, and all Insurance premiums, both compensation and all other kinds of insurance on said work, and for all labor performed In said work, whether by subcontractor or claimant in person or by his employee, agent, servant, bailee or bailor, have been paid and discharged. County of: State of: Subscribed and sworn to before me on this day of , 20�, at (Location) Name of Notary Public My commission expires on C-7 SEAL AFFIDAVIT COMPLIANCE WITH THE PREVAILING WAGE LAW Before me, the undersigned Notary Public, in and for the County of — State of , personally came and appeared of (Name & Title) (Company Name) (a Corporation) (a Partnership) (a Proprietorship), and after being duly sworn did depose and say that all provisions and requirements set out in Chapter 290, Sections 290.210 through and including 290.340, Missouri Revised Statutes, pertaining to the payment of wages to workers employed on public works projects have been fully satisfied and there has been no exception to the full and complete compliance with said provisions and requirements and with Wage Determination No,. or Annual Wage Order No: issued by the Division of Labor Standards on project (Job No.) (Route or location, if building construction) County, Missouri, and completed on the (Signature) Subscribed and sworn to me this My commission expires Notary Public Es day of _,20 20 10 SEAL day Project. Route County/City TO: REQUEST FOR APPROVAL OF SUBCONTRACT (County/City Representative) We request County/City approval to sublet the Items of work listed on the back of this form to: Subcontractor: The Subcontractor is classified: Address: Telephone: Non -DBE DBE This request complies with requirements of the Standard Specifications, Supplemental Specifications, and Special Provisions, including but not limited to: U.S. Dept. of Labor Wage rates Respectfully submitted, Required Contract Provisions (Form FHWA-1273) State Wage Rate Requirements Non Equall Employment oymmen mt Opportunity in Employment (Contractor) en Nonsegregated Facilities By Small Business Act Date Have you attached the necessary EEO forms (If Required)? This portion to be completed by County/Clty PREVIOUSLY APPROVED SUBCONTRACTORS 1. Z a VA COUNTY/CITY APPROVAL Approval - County/City Representative Date Distribution after approval: Contractor, County/City Rep, C-9 TYPE OF WORK Sub`flontractor Number: CONTRACTOR'S INSTRUCTIONS FOR FILLING OUT REQUEST TO SUBCONTRACT WORK in Project Number, Route, County/City, County/City Representative's Name, Subcontractor's ie, Address and Telephone, Subcontractor Classification, Contractor Signature Block and Date. List items in the same order as they appear in the contract. Quantities on the request may be different than in the contract. Partial quantities are acceptable with an explanation. (Put an * by Quantity and an * with explanation listed below item descriptions.) The Unit Price on a request can never be more than the unit price stated in the contract (No Exceptions). The Unit Price on a request may be less than the unit price stated in the contract. (Put an * by unit price and an * with explanation listed below item descriptions.) Use the following table to determine in what column to place the subcontracted amounts: With DBE Requirements in Proiect: Non -DBE sub doing work: Yes No DBE sub doing work: No Yes* *May not exceed the maximum DBE allowance in the contract. It then becomes a non -specialty item and is listed in the appropriate amount column. Fill in the column Totals, then STOP. Do not write below the double line. For subcontractors in excess of $10,000.00, submit the proposed subcontractors completed Certification Regarding Equal Opportunity and Affirmative Action in Subcontracting with this request. Does the proposed subcontractor have the proper insurance submitted? If not, the request cannot be approved. Do not write below the double line. : C->0 Sublet DBE Amount Allowance Without DBE Requirements in Proiect: -- -------- ------------- _.. . Non, -DBE sub doing work: Yes No DBE sub doing work: Yes No With DBE Requirements in Proiect: Non -DBE sub doing work: Yes No DBE sub doing work: No Yes* *May not exceed the maximum DBE allowance in the contract. It then becomes a non -specialty item and is listed in the appropriate amount column. Fill in the column Totals, then STOP. Do not write below the double line. For subcontractors in excess of $10,000.00, submit the proposed subcontractors completed Certification Regarding Equal Opportunity and Affirmative Action in Subcontracting with this request. Does the proposed subcontractor have the proper insurance submitted? If not, the request cannot be approved. Do not write below the double line. : C->0 PROGRESS REPORT Period from to to Project Number Local Agency _ Working days in contract Working days charged this period Working days previously charged Working days charged to date Working days remaining` Narrative of work completed this period and project status: Anticipated Change Orders: Percent of work complete Traffic Control has been reviewed and deficiencies, if any, have been corrected. Signed: C-11 EXHIBIT A BID FORM CITY OF CAPE GIRARDEAU VETERANS MEMORIAL DRIVE CAPE GIRARDEAU COUNTY MISSOURI PROJECT NUMBER J010767A PROJECT IDENTIFICATION: The proposed improvements include for the construction of a new city street consisting of clearing and grubbing, roadway excavation and embankment construction, erosion control, traffic control, construction of concrete pavement (or an asphalt paving option), construction of a precast prestressed concrete bridge, concrete box culvert construction, drainage construction including concrete pipe and concrete inlets, retaining wall construction, signing, pavement striping, seeding and other associated construction items. and all other appurtenances as specified in the Bid. Documents for the noted Project. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU 401 INDEPENDENCE CAPE GIRARDEAU, MISSOURI 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with the City of Cape Girardeau Missouri in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen (15) calendar days after receipt from the City of the Notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site. Also all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified to the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that the City of Cape Girardeau and the Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to P -d. the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress; performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by the City of Cape Girardeau and all others (if so indicated on the Plans) at the site that relates to Work for which this Bid Is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, Information and observations obtained from visits to the site, reports and drawings Identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given the Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER. The BIDDER agrees that the Contract Documents are ,generally sufficient to. indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this. Bid is submitted, (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any Person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over the CITY OF CAPE GIRARDEAU. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s) indicated on Pages P - 3 to P - 6. 5. The Prime Contractor for this Project must perform with its own organization, contract work amounting to not less that thirty (30) percent of the total contract price. 6. The Prime Contractor must have a fully responsive contractor questionnaire on file with Missouri Department of Transportation (MoDOT) a minimum of seven (7) days prior to the bid opening date. 7. If the low bidder is not on MoDOT's contractor listing, the bidder cannot be awarded the Project. The Project will be awarded to the second low bidder whocomplies with all Contract requirements. 8. DUNN NUMBER (see sheet TS - f 2) P-2 UNIT PRICE BID AND EXTENSIONS CITY OF CAPE GIRARDEAU VETERANS MEMORIAL DRIVE CAPE GIRARDEAU COUNTY MISSOURI PROJECT NUMBER J010767A NO ITEM EST. UNIT UNIT TOTAL QTY. PRICE PRICE 1, GENERAL CONTRACT REQUIREMENTS, 1 LUMPSUM $ $ - MOBILI7A71ONAND DEMOBILIZATION Gj� �a o0 Jta 2. REMOVAL OF EXISTING IMPROVEMENTS 1 LUMP SUM $ a 3�0. �° $ a9 3�•°D 3. CLEARING AND GRUBBING 18.6 ACRE $ $ .00 4. TEMPORARY EROSION CONTROL 1 LUMP SUM _4210 $ .7� pa $ 5. CLASS 1 ROCK EXCAVATION (BRIDGE AND 18.5 CUBIC $ $ &t) RETAINING WALLS) YARDS 6. CLASS 3 EXCAVATION - ROCK (STORM 90.0 CUBIC $ $ SEWERS) YARDS QO,pD Q00.O'O 7. CLASS 4 EXCAVATION - ROCK (BOX 70.0. CUBIC $p $ CULVERTS) YARDS ! Jr 5D Up 8 INCLUDINGCLASS C EXCAVATION, 14,500 CUBIC $ $ C MPACTINGEMBANKM NT(SEESPECS) YARDS p L1a 151 b9D.°D 9. CLASS A EXCAVATION, INCLUDING 80,771 CUBIC $ N $ 4 COMPACTING EMBANKMENT (SEE SPECS) YARDS 3 BJrQ, 10. BORROW EXCAVATION -- 5,668 CUBIC $ $ YARDS !�, Oa �a dD 11. COMPACTION IN CUT - . 5 STATIONS $ $ 12. TYPE 2 DITCH LINER 205 CUBIC $ $ FURNISH AND PLACE - YARDS OD s', OD 13. TYPE 2 ROCK BLANKET 850 CUBIC $ $ FURNISH AND PLACE YARDS 3t/D. B'D ?J� tabb.41D 14. BRIDGE APPROACH SLAB (BRIDGE) 243.1 SQUARE $ $ YARDS _ M) 3g 15 CONCRETE APPROACH PAVEMENT -12' 184.6 SQUARE $ $ YARD HUD a 5o?.Ob 16. CLASS B-1 CONCRETE -BRIDGE 146.64 CUBIC $ $ YARDS ��J `� 9• a 5 67 V. CLASS B-2 CONCRETE (BRIDGE DECK 217.0 SQUARE $ $ OVERLAY) YARDS $ I Ob 18. REINFORCING STEEL (BRIDGE) 22,660 POUNDS $ , fWB 19. PRECAST, PRESTRESSED CONCRETE BOX 11 EACH $ $ BEAMS, 21" DEEP x 44' LONG (pn,oll p 5AD." 20. TYPE A GUARDRAIL AND POSTS 150 LINEAL $ $ FEET cZ cJ I� UO as i c 8 l CONTINUED ON PAGE P - 4 ., RACTOR AT P-3 �� UNIT PRICE BID AND EXTENSIONS CITY OF CAPE GIRARDEAU 1 VETERANS MEMORIAL DRIVE CAPE GIRARDEAU COUNTY MISSOURI PROJECT NUMBER J010767A I NO ITEM EST. UNIT UNIT TOTAL QTY. PRICE PRICE 21. GUARDRAIL TRANSITIDN SECTION 4 EACH - 6 FT POSTS pp a 22. TYPE A CRASHWORTHY GUARDRAIL 6 EACH $ $ END TERMINAL (SEE SPECIAL PROVISIONS) 23. TERMINAL END SECTIONS 2 EACH $ $ (SEE SPECIAL PROVISIONS) 8 .00 BD Oo 24. TYPE E GUARDRAIL, POSTS, END 137.5 --LINEAL $ $ SECTIONS AND DELINEATORS, WHITE (BRIDGE) FEET y� I5�+d0 7 OD A) 1,95 25 CHAIN LINK FENCE, 48' HIGH 298.0 LINEAL $ $ (WALL ALONG SANDER'S PROPERTY) FEET ot) vL' 26. CONCRETE RETAINING WALL 3,020 SQUARE $ $ (WALL ALONG SANDER'S PROPERTY) FEET 27. 6' THICK CONCRETE DRIVEWAY 920.0 SQUARE $ Lit $ PAVEMENT (NO BASE) YARD 3 3 '9 . Oa 8 10'x V SINGLE BARREL CONCRETE BOX 172 LINEAL $ CULVERT FEET 5`!�, 3 a•°� 29. 8'x 8' SINGLE BARREL CONCRETE BOX 162 LINEAL $ $ - CULVERT - FEET5r�' 39 .ao 30. FURNISH AND INSTALL 563 LINEAL $ $ 15' CLASS III RCP FEET 5 Oa 31. FURNISH AND INSTALL 140 LINEAL $ $ 18'CLASS III RCP FEET ',3z $5-00D 32. FURNISH AND INSTALL 554 LINEAL $ -$ 24' CL ASS III RCP FEET 33. FURNISH AND INSTALL 99 LINEAL $ $ 30'CLASS III RCP FEET 34. FURNISH AND INSTALL 95 LINEAL $ $ -K7 60'CLASS III RCP FEET Q FURNISH AND INSTALL4 EACH $ $ 15' CLASS III RCP FLARED END SECTION 510.° 36. FURNISH AND INSTALL 2 EACH $ - $ 60' CLASS III RCP FLARED END SECTION �03�,� OD 37. CONNECT RCP PIPE TO BOX CULVERT 2 EACH $ $ - 36. FURNISH AND INSTALL 5 EACH $ $ TxSAREAINLET58.01) $aJC'),00 Lamp - POR s . g rl CONTINUED ON PAGE P - 5 CO TRACTOR � DATE P-4 UNIT PRICE BID AND EXTENSIONS CITY OF CAPE GIRARDEAU VETERANS MEMORIAL DRIVE CAPE GIRARDEAU COUNTY MISSOURI PROJECT NUMBER J010767A NO ITEM EST, UNIT UNIT TOTAL QTY. PRICE PRICE 39. FURNISH AND INSTALL 5'x3' CURB INLET 8 EACH $ $ (CAPE STANDARD) 40. FURNISH AND {NSTALL 6'x3' CURB INLET 1 EACH $ $ (CAPE STANDARD) ?J��,OrD �.DD 41. FURNISH AND INSTALL fi'x4' CURB INLET i EACH $ $ (CAPE STANDARD) ��,� o�,8'O 42. FURNISH AND INSTALL 2 EACH 12"x 12" 1 LUMP $ $ GRATE AND B° SDR35 PVC DRAIN AT 'RETAINING SUM f.�. � - WALL (SEE PLANS) � . 43. FURNISH AND INSTALL SUBGRADE 331.0 LINEAL $ $ DRAIN PIPING FEET 44. CONCRETE ISLANDS 42.0 SQUARE $ $ YARDS � 3() 45, STRIPING -24'STOP-BAR 22,5 EFFETE $ $ (a0 d3. 5'D . 46. STRIPING - 4" DOUBLE YELLOW, - 5,560 LINEAL $ $ SOLID 55 � 3 b5 . 47. STRIPING -TURN ARROW 3 EACH $ $ °a 48. STRIPING - 4" SINGLE WHITE 11,915 LINEAL $ $ -1 (SOLID) FEET q. I'7a,� 49. STRIPING - 4" DASHED WHITE 1,955 LINEAL FEET 50. STRIPING - 24"YELLOW HASH 85 LINEAL $ $ MARKS FEET 51. 12"DIAMETER STEEL CASING 160.0 LINEAL $ $ - YARD 3 4b FEET' a � -701D •� 52 FURNISH AND INSTALL ROAD SIGNAGE 1 LUMP $ $ � SUM 5a,°D � 160.01) 156. �F 53. TEMPORARY TRAFFIC CONTROL 1 LUMP $ $ INCLUDING BARRICADES AND SIGNAGE SUM 54. TURF TYPE TALL FESCUE SODDING 650 SQUARE $ $ FEET 55. SEEDING INCLUDING LIME, FERTILIZER, 12.0 ACRE $ $ SEED &MULCH (L'i7�,W f �tf(� OD 56. A-3 SHOULDER TREATMENT TOTAL BASE BID VETERANS MEMORIAL DRIVE _ $ (Written Amount of Bid) L Ce 5�V �c. f8jll CO CTOR GK�7l� DATE P 5 6,856 SQUARE $ $ YARD 3 4b y0 UNIT PRICE BID AND EXTENSIONS CITY OF CAPE GIRARDEAU VETERANS MEMORIAL DRIVE CAPE GIRARDEAU COUNTY MISSOURI PROJECT NUMBER J010767A PCC PAVEMENT ALTERNATE SEE SPECIAL PROVISION Q. ALTERNATES FOR PAVEMENTS JSP -96-04D1 NO ITEM EST. UNIT UNIT 1. 8' THICK PCC CONCRETE PAVEMENT 12,466QTY. PRICE SQUARE $ WITHOUT CURB YARD 3 (b0 $ 2. 8' THICK PCC CONCRETE PAVEMENT 7,879 SQUARE $ , WITH INTEGRAL CURB YARD $ 3. 4' TYPE 5'AGGREGATE BASE35• °� 27,832 SQUARE $ $ PRICE YARD 3.1 D O% TOTAL BASE BID PLUS PCC PAVING ALTERNATE VETERANS MEMORIAL DRIVE TOTAL BASE BID PLUS ASPHALT PAVING ALTERNATE VETERANS MEMORIAL DRIVE = (Written Amount of Bid) Q OP 2 n 5{4 rh¢-�/�i CON CTOR DATE Total bid amount is to be shown In both words and figures. In case of discrepan y, the amount shown in words will govern. In case of error in extension, the unit price or the lump sum price under each Pay Item will be considered correct, and these sums when property extended, shall constitute the Bid. Unit Prices have been computed to include all labor, equipment and material including profit and overhead ME CO TRACTO D T ASPHALT PAVING ALTERNATE 7/41 SEE SPECIAL PROVISION Q. ALTERNATES FOR PAVEMENTS JSP -96-04D7 NO ITEM EST. UNIT . UNIT TOTAL PRICE TOTAL PRICE 1. 24' CONCRETE CURB AND QTY. 2,645 LINEAL PRICE DEDUCT ADDITION GUTTER FEET $ $ 2. 6' TYPE6AGGREGA1E0ASE 27,832 SQUARE $ 3.. PRIME YARDS $ 3,960 GALLON $ 4. 6' THICK ASPHALT BASE 19,757 SQUARE $ PLACE IN 2 LIFTS YARDS r::� 4' THICK ASPHALT WEARING 19737 SQUARE SP -1 OR BP -2 (PLACE IAS n rrn. YARDS $SRFACE i TOTAL BASE BID PLUS ASPHALT PAVING ALTERNATE VETERANS MEMORIAL DRIVE = (Written Amount of Bid) Q OP 2 n 5{4 rh¢-�/�i CON CTOR DATE Total bid amount is to be shown In both words and figures. In case of discrepan y, the amount shown in words will govern. In case of error in extension, the unit price or the lump sum price under each Pay Item will be considered correct, and these sums when property extended, shall constitute the Bid. Unit Prices have been computed to include all labor, equipment and material including profit and overhead ME BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 9IDDER agrees that the Work will be complete and accepted by the City of Cape Girardeau in 150 WORKING DAYS. Commencement of Work is to be undertaken within 30 CALENDAR DAYS following receipt of the NOTICE TO PROCEED. Final papers are to be completed and presented for final payment in accordance with the Project Standard Specifications within 45 CALENDAR DAYS following completion and acceptance of all Work. BIDDER accepts the provisions of the Agreement, and as listed below, pertaining to liquidated damages in the event of failure to complete the Work within the times specified within these Documents. 6. The NOTICE TO PROCEED will be issued within 30 CALENDAR DAYS following concurrence of Contract Award by the Missouri Department of Transportation. 7. Liquated damages of ONE THOUSAND TWO HUNDRED TWENTY FIVE AND NO1100 DOLLARS ($1,225.00) will be assessed for each calendar day that expires after the time specified in Paragraph 5 above for completion of Work and acceptance by the City of Cape Girardeau. After acceptance of Work, the Contractor shall complete and present to the City of Cape Girardeau all final papers within 45 CALENDAR DAYS. Liquated damages of ONE THOUSAND AND N01100 DOLLARS ($1,000.00) will be assessed for each calendar day that expires after the specified 45 Calendar Days. 8. The following documents are attached to and made a condition of this Bid: M/ Required Bid Security in the form of bid bond or cashiers check. (p7 Required BIDDER'S Qualification Statement with supporting data. Any Addenda that maybe issued. 9. Communications concerning this Bid shall be addressed to: Name Addres Telepho (a) Performance and Payment Bonding Company Name Addre: AgentlPower of Attorney Name (if used) Address Telephone Number ,:Vf? 507 10. Terms used in the Bid are defined in the Project Standard Specifications or as indicated in the Instructions to Bidders. P-7 SUBMITTED on _�, 20H State Contractor License No, 00 11 3a5 IF BIDDER is: An Individual' By (Individual's Name) (SEAL) Doing business as Business address: Telephone Phone No.: A Partnership: By (Firm Name) i (General Partner) Business address: Telephone No.: County of: State of: Subscribed and sworn to before me on this at (Location) Name of Notary Public -I My commission expires on l P-8 (SEAL) A Corporation: By ( l (Corporation Name) J /i� i 5 Sou r f I eiepnone rvo.: t r r v I e r r- � I r q p Date of Qualification to do business is QrqA A Joint Venture By (Name) (Corporate Seal) , (Secretary) By (Name) (Address) (Corporate Seal) Attest (Secretary) Phone Number and Address for receipt of official communications: Each joint venture partner must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above. P•9 BREAKDOWN OF WORK FORCE (Required): BIDDER hereby states that he will perform. the following items of work directly without employment of cnhnnnlraMnrc• C� b It Is anticipated that the following subcontractors will be employed for work on this project: SUBCONTRACTORS: (Name) P-10 E OF MISSOURI COUNTY OF E of ANTI -COLLUSION STATEMENT being first duly sworn, deposes and says that he is Title of Person Signing Name of Bidder that all statements made and facts set out in the proposal for the above project are true and correct; and the bidder (The person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with said bid or any contract which may result from its acceptance. Affiant further certifies that bidder is not financially interested in, or financially affiliated with, any other bidder for the above project. � // BY ���' �,/) /� Gi L0.ppe M M SWORN to before me this � day of _- 20 �T�A A�1�Sovx� Cammiseian # 08 42641 coeom;,uon.Expirc,; na�2s, z0 Notary Publi My commission expires P-11 1 �TF BIRK 1 RI T� � R/DGE CO --- �Nry COtit, f 2 MYSTERY R( CITY OF CAPE GIRARDEAU -I 1 Veterans Memorial Drive 1 K M M Phase 1 (Formerly Lewis & Clark Phase 1) I Phase 2 (Formerly Lewis & Clark Phase 2) z Phase 3 (Formerly Lewis & Clark Phase 3) ° Y Phase 4 N Phase 5 W E UNTY R 314 H PPER _. — — - City Limits S Data Source: Casey Brunke April 21, 2010 AS,_6y DEER SCENIC RD 618 NORTH i D Agenda: September 19, 2011 Staff: Kelly Green Development Services Director SUBJECT Resolution to Authorize City Manager to Enter Contract with ASA Asphalt, Inc., for the 2011 Asphalt Overlay Program. EXECUTIVE SUMMARY This project consists of resurfacing the existing pavement on several City Streets. The existing surface will be removed by milling approximately 2 inches off of the existing pavement and a new surface will be added by placing and compacting 2 inches of new hot mix asphalt. In addition, some existing unpaved alleys are included. These will be graded, receive rock base and paved with 2 inches of new hot mix asphalt. r Adjustments to existing utility castings are included as well as re -striping for the streets that have existing striping. Also included is the asphalt deck surface on the bridge on Bend Road (Route 177) over Sloan Creek. BACKGROUND/DISCUSSION The City has designated a portion of the Transportation Trust Fund monies for repair -rejuvenation of existing City streets and alleys under each of the Transportation Trust Fund Programs voted in to date. This project will be through Transportation Trust Fund IV. The streets and alleys included in this project are Aquamsi-Fountain to William, Walker Street -off Kingsway Drive [gravel road], Elm Street-Giboney to Fountain, Fountain Street-Aquamsi to Elm, Scherer Lane -Scott to New Madrid [gravel road], Big Bend Road -bridge deck, Amethyst Street -Frederick to Middle, Alley -Keller to Louisiana, Alley -Independence to Merriwether, Alley -William to Good Hope, Alley -Independence to Themisand Alley-Merriwether to William. ` The project was designed by the City's Engineering Division staff and the call for bids was publicly advertised. On September 14, 2011, three (3) bids were received ranging from the high of $302,864.51 to the low of $235,542.90. The low bid, submitted by ASA Asphalt, Inc., was below the Engineer's Estimate of isting right-of-ways or easements for the routine maintenance of existing City streets and public alleys. This s allotted for the cost of this maintenance work in the City's annual budget. re set aside from the Motor Fuel Tax in each budget for this work. In more sssage of the Transportation Trust Sales Tax for five year increments, a portion ias been designated for Existing Street Paving Pro ram which "provides for et maintenance program, asphalt overlay of local and major streets, and surface existing residential gravel streets where necessary". The three TTF programs previous have provided better street surfaces and paved alleys and now this proposed contract will use monies set aside in the, TTF-IV program continuing these upgrades. The citizens in our community expect the tax monies they pay every year to provide decent traveling surfaces on the City's streets for health safety and reduction in maintenance of their vehicles. Also, Cape is a shopping, education, social and medical services hub for a large regional area and pulls thousands of vehicles daily into our town. Good road surfaces are a part of the attraction these people have toward utilizing these services and so funds are spent here for our economic benefit. Potholes, broken curb pieces, undulating surfaces and errant gravel washouts are safety and mechanical hazards to vehicles and their occupants. Properly maintained surfaces on travel ways; reduces the number of broken vehicle parts to dispose of and the amount of oil, transmission and radiator spill fluids to contaminate and necessitate clean-up to mitigate damages both of which are concerns with our environment. Foremost, accidents, which often cause trauma to the body of the occupants, are reduced by safe' traveling surfaces. Fewer accidents in turn reduce pain and suffering, lost work time, insurance claims,' inconveniences of detours during accident removal and cleanup, etc. to our citizens and visitors. STAFF RECOMMENDATION The staff recommends that the Council pass and approve the Resolution authorizing the City Manager to enter into a contract with the low bidder, ASA Asphalt, Inc. for the resurfacing of six streets, one bridge deck and portions of five gravel alleys. ATTACHMENTS • Bid Summary • BILL NO. 11-154, Resolution Authorizing City Manager to Enter into the Contract • Contract with ASA Asphalt, Inc. • Location Map mo 0 0 0 0 m o 0 0 0 0 0 0 o a o m in m v> N o 0 0 O " OOp� CI of m al Vi W O O0 W OJ V o N O N �f{pVp W m M N V Q O (O N F M 0 3 0ory m o ro m a .- �tto�� m m o 0 0 rn m w W N O V N N M N {7 a 0 0 n A c m E t r> M1 r N n x m a m°U 0 a n .J pyo O N 6 Q a0 w w w w w w w w w w w w w w 0 0 0 0 0 0 00 0 0 0 o a 0 8 o 0 n J 0 O N 0 O f0 h 0 OO r m 0 O V' o 4� N m 0 Oo 0 m 0 O m 0 0' m m o O O o a OO N m o OO O w 0 O t�, O O o a O o N N m F m - m f0 O] 17 t7 M Cl t7 V^ N z m " r v o 0 0 o 0 u 0 a 0 0 0 o 0 o 0 0 0 0 0 0 0 0 0 o 0 0 0 0 m (O V fO O N O o (V O N o E2 N S O w w w OS 0 0 O] op OO pp OO OO OI OO O O o tpy h W o CO Vw' O t00 N S O N 0c4W N - w E m N � w w w w w e � o " 8 8 0 0 0 0 S v oi, 0 8 g c N O 0 0 0 0 0 0 0 0 o o o o o o 0 0 0 0 0 0 0 0 0 0 00 K.W. ov o oN r o m g 3 0 C 8 r w N t6 m m v, M a o" v r � r l0 N �- ,p iL1 N m N P r th .6 W t7 � M W " w w w w w w w w w w w w w w w Isla o_N ..o ...Oo ._OoS , y. W o rz 0ow SS 0 ZM N O O O O D W W M w w w w w w w w w w w w w w 0 o 0 0 o a a 0 0 0 0 0 0 0 O O O W w" N 0 O m N o O O S V N N 01 o w w F J J J J J O B "s O � c b Z .�•, N i° - o' EU rn c (ppb d o m 0 y 'c :•' x Q Y a m w qo N q S o: V v m m IT c v m S' 4 m (IpcJ, 12tF c' r N M O w tp h W m O N M V 9 Z 5 = 0. BILL NO. 11-154 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC., FOR THE 2011 ASPHALT OVERLAY PROGRAM, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with ASA Asphalt, Inc., for the 2011 Asphalt Overlay Program, in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS 20 ATTEST: DAY OF Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU 2011 ASPHALT OVERLAY PROGRAM STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 2011 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and ASA Asphalt, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents, The Work is generally described as follows: Theimprovementsconsist of resurfacing_ the existing pavement -oil several City streets. The existing surface will be removed by milling approximately 2 inches off of the existing pavement and a new surface will be added by placing and compacting 2 inches of new hot mix asphalt. In addition, some existing unpaved alleys are included. These will be graded, receive rock base and paved with 2 inches of new hot mix asphalt. Adjustments to existing utility castings are included as well as re -striping for the streets that have existing striping as noted for each location, all as described in the contract documents. The streets are located in various areas within the City of Cape Girardeau, Missouri. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES, 3.1 The work will be substantially completed within Fifty 50 calendardays afterthe date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within One hundred ten 010) days after the date when the Contract Times commence to run. A-1 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Seven hundred dollars ( $ 700.00) for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Seven hundred ($ 700.00) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: two hundred thirty-five thousand five hundred forty- two dollars and ninety cents ($ 235,542.90) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the A-2 case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements, 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Fina/ Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 7 inclusive). ME 8.2 Exhibits to this Agreement (pages BF- to BF- , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits _and consisting of _ pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SCA to SC- 5 , inclusive). 8.7 Specifications bearing the title 2011 Asphalt Overlay Program . 8.8 Drawings. 8.9 Addenda numbers 1 to 2 , inclusive. 8.10 CONTRACTOR'S Bid (pages BF- 1 to BF- 8-, inclusive) marked exhibit "A" 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work-in connection -with the services -requested herein -by -1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 at seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. M 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (exceptto the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA) or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. ME IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER City of Cape Girardeau Scott Meyer, City Manager By: [CORPORATE SEAL] Attest Gayle L. Conrad, City Clerk Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. 2011 (which is the CONTRACTOR By: [CORPORATE SEAL] Attest Address for giving notices License No. A-7 Agent for service of process: (if CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT "A" CITY OF CAPE GIRARDEAU 2011 ASPHALT OVERLAY PROGRAM BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement consists of resurfacing the existing pavement on several City streets. The existing surface will be removed by milling approximately 2 inches off of the existing pavement and a new surface will be added by placing and compacting 2 inches of new hot mix asphalt. In addition, some existing unpaved alleys are included. These will be graded, receive rock base and paved with 2 inches of new hot mix asphalt. Adjustments to existing utility castings are included as well as re -striping for the streets that have existing striping as noted for each location, all as described in the contract documents. The streets are located in various areas within the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO CITY OF CAPE GIRARDEAU, MO _..------...-------4A1-.tNDEPE-NDEN.CE-STREET-.-..._ ._ CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. . 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following: Addenda, receipt of all which is hereby acknowledged: (ugcAddenda by Addendum Numberand Date) ma 2- (b) BIDDER has visited the site and become familiar with and is satisfied as to the 9 general, local and site conditions that may affect cost, progress, performance and [ furnishing of the Work; 1l (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and J Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such 1-I reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume j responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site, BIDDER has obtained and carefully studied (or assumes responsibility for having done so) l all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or f l furnishing of the Work or which relate to any aspect of the means, methods, techniques, _� sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or.data are necessary for the determination of this Bid for performance and furnishing ofthe Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineerwritten notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. BF -2 Any questions, comments, or concerns regarding the design of this project should be addressed to David Whitaker, P.E. City of Cape Girardeau at 573-339-6327. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by • submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and -- T-- ---- --- ---- --.......... ...._. _----------- - _...__ providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. httP://www.usois.gov/PortaU$ite/uscis (j) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Me, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. I:l9i3 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): UNIT PRICE BID NO ITEM UNIT EST. UNIT TOTAL QTy, PRICE EST. PRICE 1. Hot Mix Asphaltic, Concrete Tons 19,20 $ 7 r , q,, $ (MoDOT BP -2) 2. Liquid Asphalt Prime Coat Gal. 1690 $ 4.00 $ 6 0 •o 3. Milling SY 3180 $ S;;aQ $ I5.9 0 (DO 4, Replace Concrete Curb and LF 26 $ qo,,D o $ Gutter ' 5. Concrete Patch SY 615 $ 0. 0 $ 3 4 Qoo.Oo 6. Adjust Manhole Each 19 $ ,200,0 D $ 3 g 0%&o 7. Adjust Valve Box Each 9 $ 5(9-,90 $ ,•o.OQ 8. Grading SY 4495 $ ,iC) $ Im9 5-D 9. MoDOT Type 5 Aggregate Tons 680 ,00 $-1'7-00 $ o,p o Base 10. 6" Yellow Intermittent Paint LF 1620 $ $ j o, { 6 Striping 11, 4" Double Yellow Paint LF 1900 $ -354 $ (,(,S ,o 0 Striping 12. Traffc Control LS 1 $ 5 00, 0 0 $ 13. Temporary Erosion Controls LS 1 $ f000,00 $ lopo,00 14. Seed/Straw Disturbed Areas LS 1 $ 20,0 o. 00 $ Rp00,00 TOTAL BID FOR ALL UNIT PRIGES $ z 3 5 5 4a,y o I r / 1A , i �, . iA , 0, r (Written figure) ME (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. In case of error in extension, the unit and lump sum pi ices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BIDDER acknowledges that quantities are riot guaranteed and final paymentwill be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within Fifty days (50) calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within One hundred ten days 110 calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Acknowledgement of any addenda issued. (c) Exhibit Affidavit of Work Authorization (d) Exhibit Affidavit of Excessive Unemployment (if applicable) (e) The E -Verify Program for Unemployment Verification Memorandum of Understanding http://www.uscis.gov/files/nativedocum.?pts/MOU,Pdf (f) Exhibit Affidavit of OSHA Training (g) Certification Regarding Debarment, Suspension and Other Responsibility Matters 7. Bidder agrees to submit the following docyments within three (�) business days after the opening of Bids if requested: (a) BIDDER'S Qualification Statement with supporting data. BF -5 AGENDA REPORT11-197 Cape Girardeau City Council City allow the installationof fiber ;optic line within the City located on Lacey' Street. With the recently opened facility on t of fiber optic communication between the two facilities is it approve the resolution allowing the City Manager to enter into rith SoutheastHEALTH. roving license and indemnity agreement it meeting) BILL NO. 11-155 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH SOUTHEAST MISSOURI HOSPITAL ASSOCIATION, FOR INSTALLATION OF FIBER OPTIC WIRING IN CITY RIGHT OF WAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a License and Indemnity Agreement with Southeast Missouri Hospital Association, for installation of fiber optic wiring in City right of way, in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, granting Southeast Missouri Hospital Association, a Missouri pro forma decree corporation, organized under the not for profit corporation laws of the State of Missouri ("Southeast") permission to place certain improvements on City easements which are in proposed alignment attached hereto as Exhibit "A" in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri. 1. The City of Cape Girardeau, Missouri, hereby grants to Southeast a license to place certain improvement to wit: Southeast will install Fiber optic wiring in City of Cape Girardeau ROW. 2. Licensees, and its successors, heirs and assigns all agree as follows: A. That they will assume all risk of personal injury or death and property damage or loss from whatever causes arising while any person approaches, enters, uses or leaves the aforementioned installation project, which may occur directly or indirectly from the placing of said improvements on City right-of-way. B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents servants and assigns from any liability which might occur from the placing or use of such improvements. C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents and servants from all suits and actions of every name and description brought against the City, its officers, employees, agents and servants for or on account of any injuries or damages received or sustained by any parties or alleged to be received or sustained by any parties or party which may result directly or indirectly from the placing or use of said improvement on City right-of-way. D. That they will keep its improvements which are placed on the City right- of-way in a state of good repair and will cooperate with the City by making necessary repairs on its improvements as requested by the city so as to protect the health and safety of the Citizens. E. Nothing in this Agreement or actions of the City in granting permission to place said improvements on the described right-of-way shall be construed to give it any irrevocable rights to keep said improvements on such right-of-way. The City Council reserves the right to order the removal and cause said improvements to be removed in the future at the cost of it for its improvements, or its successors, heirs or assigns, should the City Council determine this to be in the best interest of the City. In such event, they or its successors and assigns, agree to remove said improvements within sixty (60) days' of notice, with reasonable extensions permitted if needed to facilitate such removal. Should they or its, successors, heirs or assigns fail to comply with any of the terms of this Agreement, the City of Cape Girardeau reserves the right to make any repairs or alterations deemed necessary by the City of Cape by giving it, or its successors, heirs or assigns, thirty (30) days' notice and such persons, successor, heirs or assigns hereby agree that it will pay for any costs incurred by the City for such repairs or alterations on its improvement, and upon failure to pay such costs the City may issue tax bills which shall become a lien against the land now owned by it. 3. This license and the covenants herein contained shall run the land and inure to and be binding upon the successors, heirs and assign of the respective parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this _ day of September, 201 L Southeast Missouri Hospital Association Scott Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ) SS COUNTY OF CAPE GIRARDEAU ) On this _ day of September, 2011, before me personally appeared , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My commission expires: Notary Public STATE OF MISSOURI ) ) SS COUNTY OF CAPE GIRARDEAU ) On this —day of September, 2011, before me appeared Scott Meyer, to me personally known, who, being by me duly sworn, did say the he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and the seal affixed to the foregoing instrument is the seal of said City and the said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My commission expires: Notary Public AGENDA REPORT )irector :. Girardeau City C. ' Lt of Lohmann Subdivision Mrd plat for a two lot subdivision located at the corner of Broadway (Highway Commercial) zoning district. I ercial building and a residential home. The subdivision is being it the two structures will be on separate lots. or existing improvements which are in violation of the current rck requirements. isions have reviewed the plat and found it to be acceptable. subdivision. iS SION f RECOMMENDATION g Commission recommended approval at their meeting on September 14, 2011 1 in opposition, and 0 abstaining. >rdinance approving record plat Plat tion BILL NO. 11-149 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF LOHMANN SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Lohmann Subdivision, being a part of Lot 01 of Margaret Walkers Subdivision of Outlot 80 of Survey 2199, Township 31 North, Range 13 East, located in the City of Cape Girardeau in Cape Girardeau County, Missouri, including all variances contained therein, submitted by Vera Lohmann, Trustee of the Lohmann Family Trust, and bearing the certification of Timothy J. Sander, a Registered Land Surveyor, dated August 24, 2011, is hereby approved. ARTICLE 2, The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Lohmann Subdivision Record Plat of: Lohmann Subdivision • part ��enlsPtatuOt I ivPt ehe CitofobV1fHyfa0TN�vOMK io Cape Glrardem 1'anneJ Yluoud 1 1 j ppU Y / tp4'YC ppp� r ' 6 � � NaP 1 y $ wr,at6u�,��roe 1 1 �F . Q bebK�.:=J nwt1 1�`Yi 1 i %t 1 � A4'ercyayl 1 / }t 1 3S 1 Ii � �I ✓/d{� 1 � i w a xxla w w m e.w).aar.rry �m r xm r w m M .II0f.[I[V,1 Iw Mwlb M IqM M _.J.)a xl.. 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P [ADr 9R`F11P �erxsxt �M m1J) 9CWP . � bATtl M. l.aeNx Iao1Pn m M arc m un aulvll,!®w. rm-m Ars®q'r I(V' NleEa m -m m leev IOIPm On N�°i K=xi -w—Vm s PP6a x+.umx, asvnw LARRYD. DOWDY <A�IW.m. Pra 1st SURVEYING t\ PNE w yy�YgFf/eO . OIY NMI6Ixr P eAL .x111 Pf lLPMP xnI(ILCMx ry �S P PAP. Mfr tl tlYOWMr. CQP mY4YS l� fMWItl.W MY.16gY1 ). NF � NJN M NYAr. OM I CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: 2-X-BC�U)ayi lOhmghn SoboIorSrotnlndex# Project Location: Attach surveyor's legal description on CD in State Plane Coordinates This application is for: ❑ Single-family residential ❑ Multi -family ❑ Non-residential ❑ Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) IN Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2ntl Wednesday of each month (except holidays that are observed by the City). (b) The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is 1 week before the Planning & Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval, APPLICANT (main contact): Name: Qah Lol,w ann Firm: Lollmahh F(nw.11 v "Trus+ Address: 16oa_l�)cxj Clap¢ a mrdeao mvto r437o1 Phone: Sha =335-5763SFax: E-mail: 4ki rkmn r, egg+ t"a%I rCoen PROFESSIONAL SURVEYOR/ENGINEER Name: 1019_ ``Gnciers Firm: 'Dett.).bj( LaoryA. �nry -y j,+ Address: 23 Zi �rrvy° fIP —i2yf �°�tn� is7rardPa J Mo 63701 Phone: s93 -335oy64Fax: E-mail: OWNER (If Different): Name: Firm: Address: Phone: Fax: E-mail: DEVELOPER Name: Firm: Address: Phone: Fax: E-mail: 1, the undersigned, do hereby state that I have read and fully understand the provisions of this application and further, by my signature, I hereby agree to maintain compliance with the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subdivision of land and, that it is my responsibility to make certain that all deadlines are met so that formal action by the City Council is not unnecessarily delayed. Signature of Applicant: 2ILL 6• ��z�d� Date: & 1 2q .ZoI ?011 11 ervices Director ecord plat of Dombrowski's First Subdivision RY owski have submitted a record plat for a two lot subdivision located on lalhousie Golf Course. USSION luesting to combine an existing lot with a single family residence built upon t with part of a larger lot behind the house in the R-1 zoning district. ring Divisions have reviewed the plat and found it to be acceptable. )ATION > rl of this subdivision, SION RECOMMENDATION Commission recommended approval at their meeting on September 14, 2011 n opposition, and 0 abstaining, finance approving record plat at m BILL NO. 11-150 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF DOMBROWSKI'S FIRST SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Dombrowski's First Subdivision, being all of Lot P1 of The Lochs At Dalhousie— Corrected Amended, and that part of United States Private Survey Number 2189, Township 30 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, submitted by Dalhousie, L.L.C., and S. Aaron Dombrowski and Angela R. Dombrowski, husband and wife, and bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated September 9, 2011, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Dombrowski's First Subdivision p r- msdale F y v h y 1 ..,y. r" lra Lot 1. Record Plat of Dombrowski's First Subdivision' Lot 2 /r U I Legend FJ4 N� ?K i _ `� �T3 Streets Dombrowski Record Plat s f ttr Limits City Parcels Division of Planning Services 0 110 220 440 Fee 1 August 5, 2011 { I ( I Record Plat of Dombrowski's First ALL OF LOT PI CE THE LCCHS AT DAtHC SFS COPP£CTED AMENDED AID 11,AT PAST CF UMI£d STATES PPNATE SVPVEY —I E 1199. T.., 30 NORTH. HARM M EASr. CRY ANO CWNtt OF CAPE GHA% AU. STATE OF M455CI.PL .%C THLOGY Al D T""PAC \ e°r rm AN bul'1T Ip9p( t1. PAEE 9fIFD AM1£NiD / \ T PIro a z .ssw„cx.mm��= ---- ------U. S.P.S. 2189 1 __-nje �m[esaE Loi Yrz SUBDIVISION DEDICATION AN P w; .41 N. xTNANND 'p TINL YRAp13 xnxw N — LTr..9 •AWL X41Fi 5 xswm. ALLEAT III ATt .11 5P.HEFf I.NG, Awa AT OALITANDA N. PRATTADAT ALI LTD ewx°.smANNATY ,A,, - I,— NDA.L L ai.a AND AUT PPP �HrW. °arva LANDx9JpNETTAD FAA.TY 4NLED 91 mx[LMTTNA� AND LAN' "ANATTO AN, AAAA,. xo I'll EINANT AD. W THE ANANATANAL 1-T ALTA. �5 I/ 4P _.—/pj5z4�W�/osso/, —59YSr14'W 10.27' — — IT E4 TI "TH, D D1r Rax n GRAPHIC SCALE _:—.T 1. .. —�----- -------- -¢Awwuo TMN swsn OF A HALT TV DAN mxcnn-1 _----_---. wru.°T ux ITADARDLI IN -MN",--mr wnxcxIu.Xuuu m' 1IN n1 IT, au Z.. As.—[n[LTH aA—w, AWS ue.e um°A um m x..wd men mme.,tiou IN 09"u°`°"°im. Protessi on.I Engineers & Lond Surveyors 6 C L Cape liv2¢fi 4 A1A. I W. CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: Record Plat of Aaron & Angie Dombrowski Index # Project Location: Dalhousie Golf Course Development This application is for: x Single-family residential ❑ Multi -family ❑ Non-residential ❑ Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) x Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2ntl Wednesday of each month (except holidays that are observed by the City). b The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is 1 week before the Planning & Zoning Commission meeting. G Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT (main contact): Name: Aaron Dombrowski Firm: Address: 6123 Cardrona Drive Cape Girardeau MO 63703 Phone: (573) 382-9110 Fax: E-mail: PROFESSIONAL SURVEYOR/ENGINEER: Name: Rodnev Amos, P.L.S Firm: Koehler Engineering and Land Surveying Address: 194 Coker Lane Cape Girardeau MO 63701 Phone: (573)335-3026 Fax, (573)335-3049 E-mail: remos ,koehierengineenng.com OWNER (if Different): Name: Firm: Phone: Fax: E-mail: DEVELOPER Name: Aaron Dombrowski Firm: Address: 6123 Cardrona Drive Cane Girardeau MO 63703 Phone: (573) 382-9110 Fax: E-mail: 1, the undersigned, do hereby state that I have read and fully understand the provisions of this application and further, by my signature, I hereby agree to maintain compliance with the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subs pan of land and, that it is my responsibility to make certain that all deadlines are met so t=fotionfe Cir nciI ' not unnecessarily delayed. Signature of Applicant: Date: �a �z 2011 iervices Director ' 'ermit at 238 North Fountain Street to operate a convenience store which sells a week. ,RY 'aisal to obtain a Special Use Permit to operate a convenience store at 238,N. ming and Zoning Commission held a public hearing on the request at their 2011 and voted to recommend disapproval of the request. ,USSION 1 Fountain Street is located in the RUMD (Residential Urban Mixed Density) i new district that was established when the Zoning Ordinance was revised in -t allows all; types of residential uses by right and allows limited commercial a; Special Use Permit. Prior to the Zoning Ordinance revision, the property unmercial) and a wine store was located on the property. The owners of the exating a convenience store selling package liquor Monday through Saturday ng'use, since the previous wine store was selling liquor Monday through sung Ordinance revision. The owners would like to expand package liquor which is prompting the request for a Special Use Permit to allow a retail as opposed to operating as alegal non -conforming use. recommends downtown commercial uses for the property. The neighboring ie subject property appears to be a single family residence, as is the property 'he subject property is surrounded by commercial parking lots to the east and Permit is approved for the property, the staff recommends the following re Special Use Permit: hall meet all applicable zoning and development code regulations. 'ermit is not transferrable without the consent of the City Council. stion shall not extend past 10 p.m. on Sunday through Thursday and 12 a.m. lay and Saturday. Dw shall be permitted on the property. ber 14, 2011, the Planning and Zoning Commission held a public hearing royal of the Special Use Permit request. 1g'Commission recommends disapproval of an application, the Council may n its motion; or the Council may, by motion, file such recommendation of tion shall thereupon be deemed rejected unless, within 10 days from such a written request for a public hearing or makes an oral request therefore at a of the City Council, whereupon the Council shall set such public hearing. If the Council chooses to set a public hearing, publication requirements could be met for 17, 2011 Council meeting. nn A n" nn /"nMMTRCTnN RVCnMMFNnAT1ON The Planning and Zoning Commission, at their meeting on September 14,'2011, recommended that the Special Use Permit request be disapproved with the vote being I in favor and 7 in opposition, ATTACHMENTS • Staff Review/Action Form • Special Use Permit Application • Zoning Map • Future Land Use Map • Aerial Map CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE N0, 1255 STAFF REVIEW & COMMENTS: G Planning Services Director Ci A b me LOCATION: 238 North Fountain Street Date Planning & Zoning Commission Public hearing Posting Date: q -7- 1 j Public hearing Date: RECOMMENDED ACTION: VOTE COUNT: 1 Favor Oppose Abstain COMMENTS: 4 6{ -Z-eyes 1r, c, Po CITIZENS COMMENTING AT MEETING: Ralph Maxton Planning & Zoning Commission Secretary City Council Action Public Hearing Posting Date: Public Hearing Date: Ordinance I" Reading Ordinance 2n4 & 3.d Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE 9 Effective Date: City of Cape Girardeau Rezoning/Special Use Permit Application ❑ Rezoning or Special Use Permit (Please check one) SECTION A 1. Description of request: Special use permit for property described herein. 2. Street address of tract (or other location description): 238 North Fountain Cape Girardeau, MO 63701 3. Person handling this application (name, address, phone number): Gordon L. Glaus 1930 -Broadway, Suite =A Cape Girardeau, MO 63701 (573) 339-1880 4. Names and addresses of all legal owners of tract: Shah and Maria Faisal 604 Redbud Circle Cape Girardeau, MO 63701 5. If tract is to be transferred, name and address of intended owner(s): N/A 6. Present zoning classification: RUMD 7. Requested new zoning classification: N/A 8. Requested special use: Original Package Liquor Sales, Sunday Sales For Office Use Only: Date Received in Planning Services Office: 5'/ Received by: ---W__ Revised 5/31/11 Page 1 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION C 1. PLAIN WHITE BUSINESS ENVELOPES appropriately stamped with first class postage addressed to all adjoining property owners. Please do not include a return address. Include land which corners your tract or which is across streets or alleys as adjoining properties. (This information can be obtained from the County Mapping and Appraisal Office, 573-243-3123 in the County Administration Building in Jackson.) Check the box indicating whether or not you have contacted the property owner. Many special use permits and/or rezoning requests fail to pass because not enough information was given to those neighbors who might have concerns about the request. It is strongly recommended that you make an effort to contact neighboring residents and inform them of your application. In most cases, this process can help significantly in reducing controversy. Contacted Ye PTo — --- ❑ 1. GOEHMAN, Otto & Rebecca, 243 N. Fountain, Mailing Address: 703 S. Ellis, Cape Girardeau, MO 63703. ❑ 2. STRODER, Larry & Linda, 241 N. Fountain, Cape Girardeau, MO 63701 _ ff'❑ 3. G & S Holdings LLC, 338 Broadway, Mailing address: 727 W Mt. Vernon, Nixa; MO 65714 C❑ 4. THOMAS, James Lee & Vickie Lynn, 331 Bellevue, Cape Girardeau, MO 63701 ❑ ❑ 6. Revised 5/31/11 Page 3 co f--.._. N S-46V1ILtU CR I' 09 IL w 4N I—X1y , ? LU co ui ti W II f' L8 999 N OR en SL 8L + �` lc 1� i It6 ~ 1 r 9919 do I J._l �y'prtr f3A �' � .y .W...-. I_V%. •! '�i F. L94tT 'tr � 11ii t �� I cc u�'� 1 40 ! yo �M1 1, ,, r 09 ! L9'9i? J Zoning Map of 238 North Fountain Street Request for a Special Use Permit w at 238 North Fountain Street to operate R=5 a convenience store selling liquor 7 days a week =•�^��; �� .���. y Zoning: 11 �j vEST LORIMIER = RUMD (Residential Urban Mixed Density) District„ r 1R Future Land Use Plan Recommends: Downtown Commercial KI M Data Obtained from: e City of Cape Girardeau GIS Program 08/26/11 62.5 125 250 1 n+ R4 238 North Fountain Street r _ Requested Special Use Convenience Store selling _ liquor seven days a week ,F•`. a: _LU 0 J Legend — Streets Q238 North Fountain Street Parcels Zoning District R-4- MEDIUM DENSITY MULTI FAMILY RESIDENTIAL DIST. R -5 -HIGH DENSITY MULTI FAMILY RESIDENTIAL DIST. / RUMD- RESIDENTIAL URBAN MIXED DENSITY DIST. {; �Y C130 -CENTRAL BUSINESS DIST Future Land Use Map of 238 North Fountain Street High` Density Residential DOWNTOWN; :OMMERCIAL zlO Request for a Special Use Permit at 238 North Fountain Street for convenience store selling liquor 7 days a week Zoning: RUMD (Residential Urban Mixed Density) District Future Land Use Plan Recommends: Downtown Commercial 238 North Fountain Street Requested Special Use: Convenience Store selling liauor 7 days a week Legend W a of N — Streets Data Obtained from: Q 238 North Fountain Street The City of Cape Girardeau w� 'Parcels GIS Program 08/28/11 S High Density Residential ® Downtown Commercial 408 Aerial Map of 238 North Fountain Street Request for a Special Use Permit for operation of a convenience store selling liquor 7 days a week. Zoning: RUMD (Residential Urban Mixed Density) District Future Land Use Plan Recommends: Downtown Commercial 238 North Fountain Street Requested Special Use: Operation of Convenience Store selling liquor 7 days a week Data Obtained from: The City of Cape Girardeau GIS Program 08/26/11 Legend 0238 North Fountain St eet Streets LParcels Agenda: September 19, 2011 Staff: John Richbourg, Finance Director SUBJECT Semiannual Summary of the Transportation Trust I-IV Funds (TTF I — TTF IV) EXECUTIVE SUMMARY The attached Exhibits `A' and `B' reflect the TTF III activity through June 30, 2011 from its inception in January 1, 2006. The attached Exhibits `C' and `D' reflect the TTF IV activity through June 30, 2011 from its inception in January 1, 2011. These exhibits combined with the comments below comprise the Summary of the TTF I — TTF IV reports for the period ended June 30, 2011. Funding appears to be adequate to complete all projects that were anticipated to be completed through these funds. No Exhibits have been attached for TTF I and TTF II. BACKGROUND/DISCUSSION Exhibits `A' and `C' are divided into three sections. The top section shows actual expenditures, unexpended encumbrances (contracts entered into), and total committed expenditures for each trust fiord project since the inception of the trust fund. The middle section shows all open contracts by contractor. The last section gives actual and projected revenue and expense information for the trust fund. Significant data from Exhibit `A' show that the TTF III had committed to $21,850,433.51 in project expenditures and had a current fund balance of $3,012,893.61. As of June 30, 2011 projected total revenues were $25,503,018.91. Revenue projections assumed $93,891.79 in interest earnings on unexpended cash balances through the completion of all remaining projects, $793,800.00 in excess funds from TTF II and transfers of $1,765,000 from the Motor Fuel Tax Fund. Significant data from Exhibit `C' show that the TTF IV had only committed to $270,867.42 in project expenditures and had a current fund balance of $1,450,197.91. As of June 30, 2011 projected total revenues were $21,456,000.00. Revenue projections assumed $50,000.00 in interest earnings on unexpended cash balances and $150,000 in payments from the Cape Special Road District that had not been included in the original projections. Exhibits `B' and `D' are summaries of committed and projected costs of TTF III & TTF IV, respectively. These exhibits show the total current estimated costs being adjusted to reflect the latest engineering department cost estimates. Contingency amounts of $310,513.68 and $200,000.00 remain to cover future revenue shortfalls or unprojected expenses in TTF III & TTF IV, respectively. All projects have been completed for TTF I & TTF II. Future special assessment receipts combined with additional transfers of $17,000 from the Motor Fuel Tax Fund should be adequate to repay the remaining bonds that were issued to pay for some of the TTF I projects. TTF II should be able to transfer a total $793,800 to TTF III after remaining special assessments are collected. ATTACHMENTS Exhibit A — Summary of Transportation Sales Tax Trust III Fund Exhibit B — Summary of Committed and Projected Costs — Transportation Sales Tax Trust III Fund Exhibit C — Summary of Transportation Sales Tax Trust IV Fund Exhibit D — Summary of Committed and Projected Costs — Transportation Sales Tax Trust IV Fund Exhibit"A" Summary Transportation Sales Tax Trust III Fund. January 1, 2006through June 30, 2011 TRANSPORTATION TRUST PROJECTS ACTUAL OPEN TOTAL IN PRIORITY ORDER EXPENDITURES ENCUMBRANCES COMMITTED EXISTING STREET PAVING PROGRAM 2,484,667.92 0.00 2,484,667.92 STREF.nCURBIGUTTER REPAIR 1,482,194.01 0.00 1,482,194.01 SIDEWALK REPAIR AND CONSTRUCTION 653,081.46 0.00 65$,081.46 MOUNT AUBURN -INDEPENDENCE TO KINGSHIGHWAY 3,452,033.71 14,824.15 3,466,857:86 BLOOMFIELD ROAD - STONEBRIDGE TO DENTON HILL ROAD JINCLUDING BENTON HILL ROAD INTERSECTION) 377,889.20 1,195,171.66 1,573,060.86 RAMSEY BRANCH ROAD-51EMERS DRIVE AT ARMSTRONG DRIVE TO ROUTE K 381,513.98 6,672.50 388,186.48 SPRIGG STREET -SHAWNEE PARKWAY TO WILLIAM 1,000.00 0.00 1,000.00 BEND ROAD - MASON STREET - MAIN STREET, . MILL STREET TO CAPE ROCK DRIVE 1,055.,254.39 11431,140.64 2,486,395.03 VANTAGE DRIVE- KINGSHIGHWAY TO SCENIC DRIVE 2,023,040.26 75,277.71 2,098,317.97 KINGSHIGHWAY - CAPE ROCK - BROADVIEW - MARIA LOUISEINTERESECTIONS 0.00 0.00 0.00 LASALLE AVENUE -1-55 AT NEW CAPE JACKSON INTERCHANGE TO ROUTE W 5,647,703.98 0.00 5,647,703.98 FOUNTAIN STREET -MORGAN OAK TO WILLIAM 1;56.8,967.94 0.00 1,568,967.94 CONTINGENCY AMOUNT 0.00 0.00 0.00 OTHER 0.00 0.00 0.00 TOTALS INCLUDING MOTOR FUEL TAX FUNDING LESS MOTOR FUEL TAX FUNDING TOTAL TRANSPORTATION SALES TAX FUNDING on FRONABARGER CONCRETERS INC. CRAWFORD, BUNTE, BRAMMEIER NIP KELLEY EQUIPMENT COMPANY INC LAPPE CEMENT FINISHING INC. TOTAL 19,127,346.85 2,723,086.66 21,850,433.51 1,270,449.37 6,672.50 1,431,140.64 14,024.15 2,723,086.66 Current 1/1/01 — 06/30/SSTotal Projection Revenue and Rxoense Summary Sales tax available 20,754,779.64 20,754,779,64 Grant revenue 987,302.80 987,302.80 Interest 1,085,108.21 1,179,000.00 Donations 23,136.47 23,136.47 Motor Fuel Tax 1, 415, 000.00 1, 765, 000.00 Transfer of Excess Funds from TTF II 598, 000.00 793, 800.00 Special Assessments 0.00 0.00 Total Revenue 24,863,327.12 25,503,018.91 Expenditures 21,850,433.51 25,503,018.91 Excess Revenue - 3,012,693.61 - 0.00 LL LL 0 0 0 o w N o r m o o m m o a 0 0 O Q O O O O m M O C O N m O O N m m 0 N N m O O N m LU M m N m l0 t0 O ul �] O N U wz O z co `q rl h N 1p O w r m p 0 0 m M M � .l0 m m u� l0 m O N rl O lD M N ei aW -� '� 0 l0 Z W Ol m m 0 O C N M lD M N ,y W 0 0 w m 0 m h O m C O o N O O H O T J Wo Q CO O D2 Q (q r" V O 01 b m m O O 61 O O1 01 O O O O O O M O O O N O 2 w r a rl h O 1p O N r O m h 0 0 M M O M � .l0 01 m u� l0 m O 41 rl O lD = O M -� '� 0 l0 Z W Ol m m 0 O C N M lD M m rl 0 m r m �� O m o Q x r w w 5 Jj 3 LL LL z m ` >- m V N ri N N N N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 a 0 o 0 0 0 J Wo Q CO O D2 Q (q r" V O 01 b c m O O O O O O O O r ti O O O O M O O O N O O O O M m O O O o O w 0 .O > = Z z 00 -� '� 0 l0 Z W Ol m m 0 0 0 o U r o u1 0 0 0 O � H �� o m o W w w 5 Jj 3 LL LL z m >- o Of p O �tw� 0owX�z amN �a U w z w Oa' m N N a W Y S Y O Z LL z (:J W N H ¢ m .y O Q K z of �W�w 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 a 0 o 0 0 0 J Wo Q CO O D2 Q (q r" V O 0 O N rm 0 O o h o O tl1 O O o O O O m O O N m O O lO Ol O O O N m O O O M l�0 O O O r ti O O O O M O O O N O O O O M m O O O o O w 0 .O H W O a D t - z 0 a a a z �i i O N a a .O > = Z z 00 -� '� 0 O Z O z G F U Q z U' z W U mawi> O W w w 5 Jj 3 LL LL z >- o �tw� 0owX�z amN �a w z w Oa' w m 0 W'F-- a W Y S Y O Z LL z ¢ z O Q K z of �W�w a zp�N�z0:0 xawaw� ° LL o j-W.:z N=.¢0 ¢ Za z as 'O, Z Q CC a� '� DO. w w N. Oa YV'W =F,o 0 O F' J F W O 'a a z Q N y.> Oz a f- yr U QO.w f- >.z w U �E w w `t z v w LL 0 n, o 'm w a a .m z a W P> D Q w O w� F v � z . ,y.. _.W m -.O.Kz LU F W E ¢?'. W. w. Z 00 F a F Z W K K H WU' T O J O F Z Z fL .J XH O �S,a w'='a.zQ ¢Q,O'.O.tz- O W O 0 J -'1 LL 0 0 F 'J F- w N N m e Q V) m >-.� Exhlbi}tc Summary Transportation nales Tax Trust III Fund January 1, 2011 through June 30, 2011 TRANSPORTATION TRUST PROJECTS ACTUAL OPEN TOTAL IN PRIORITY ORDER EXPENDITURES ENCUMBRANCES COMMITTED PAVING OVERLAY PROGRAM STREET, CURB, AND GUTTER REPAIR NEW SIDEWALKS AND DOWNTOWN SIDEWALK REPLACEMENT BLOOMFIELD ROAD - BENTON HILL TO WHITE OAKS LANE BROADWAY I HENDERSON INTERSECTION IMPROVEMENTS BROADWAY - PACIFIC TO WATER INDEPENDENCE I GORDONVILLE INTERSECTION IMPROVE. MUSTANG DRIVE LEXINGTON, RT W, & KINGSWAY INTERSECTION IMPROVE. SPRIGG STREET INTERSECTION & SIDEWALK IMPROVEMENTS VETERANS MEMORIAL DRIVE - SCENIC TO HOPPER WALNUT- SPRIGG TO WEST END WEST END - LINDEN TO JEFFERSON WEST END - ROSE TO NEW MADRID WILLIAM STREET INTERSECTION IMPROVEMENTS CONTINGENCY AMOUNT SAFETY IMPROVEMENTS TOTAL TRANSPORTATION SALES TAX FUNDING LESS MOTOR FUEL TAX FUNDING TOTAL TRANSPORTATION SALES TAX FUNDING HORNER AND SHIFRIN INC CRAWFORD, BUNTE, BRAMMEIER NIP KELLEY EQUIPMENT COMPANY INC HORNER AND SHIFRIN INC TOTAL Revenue and 13=.nse Snn®a Sales tax available Grant revenue Interest Total Revenue Expenditures 0.00 0.00 0-00 126,958.60 0.00 126,958.60 0.00 0.00 0.00 328.87 0.00 328.87 0.00 O.OD 0.00 45,585.46 97,750.22 143,335.68 0.00 0.00 0.00 0.00 0.00 0.00 94.49 0.00 94.49 0.00 0.00 0.00 0.00 0.00 0.00 149.78 0.00 149,78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 173,117.20 97,750,22 270,867.42 0.00 0.00 0.00 97,750.22 97,750.22 Current 1/1/11 - 06/30/11 Total Projection 1,687,674.47 21,256,000.00 30,000.00 150,000.00 3,390.86 50,000.00 1,721,065.33 21,456,000.00 270,867.42 21,456,000.00 Excess Revenue - 1,450,197.91 0.00 O O O M O N O O r O O N O O O O Om 0 0 o- 0 O r1 0 M 0 0 N O O N 0 0 0 O o m p Q O rl O ri O C O O �fl 0 0 0 0 0 0 0 0 N o o o ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 H 0 0 O O Lij zto O O O O O O O O O O O O O O O O O 2 m O o M M 0 O N 0 0 N W Z_ M m 0 rn M O Or O C 0 rn O 0 m z'Fui r M M � N N m N O r r lO rI N 0 N OO m r W ; N O 'd' VW U z W z z N p L) zowwA~z tila a M z O 2 N N M N N M WZ u 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 00 O o 0 0 O 0 0 O 0 0 O 0 0 O P 0 0 0 0 0 0 0 0 0 O w.Ue a m o m o in o o a� o o rn o 0 0 o o o ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O Lij zto O O O O O O O O O O O O O O O O O 2 m O o M M 0 4 N O o C 0 0 O O Or O ca wU z'Fui 3 p W H>~ W � z N U m fel P m N W m N O m r W N N O 'd' 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 00 O o 0 0 O 0 0 O 0 0 O 0 0 O P 0 0 0 0 0 0 0 0 0 O O O O O a 0 0 0 0 0 0 0 0 0 'O O O o ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O Lij zto O O O O O O O O O O O O O O O O O LU F O O o M 0 0 4 N O o C 0 0 O O K O ca wU z'Fui 3 p W H>~ W � z O O m fel P m N W m N O m r W N N O 'd' VW U z W z z N p L) zowwA~z tila a M z O 2 N N M N N M WZ gm -z I-p w LU o �W w OXau>WZ 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o J W O Q F fA O Z f- 0 O O 0 O o 0 O O 0 0 0 0 O 0 0 O 0 0 O 0 0 O P 0 tl 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o O 0 O O 0 O r m O M O r ✓1 N r u1 O O o N N m Z O u] o w Y W W �F O_ F O WO F w 2 �.tu I z W M LU 0 N F W O w IL y K H z O Q K O w Z N N I z ❑ z 5 XW F J w M LL R' O O J W e i z Eiz M LLL F W N z 0 Q 0 O a N Z O Z F w U) > 5 a5 LU 0� w> J UJ Y > IL IL 0 wOK z LU z2 fL Z Y W W �F O_ F O WO F w 2 �.tu I z W M LU 0 > 0 3.P w � w u O 4 2 J yz z y W❑ K O ca wU z'Fui 3 p W H>~ W � z O � P 3 0z o o z o z w.aW W w 9 3 w m w m m N F- R ❑ Y �.Q O z W z z p L) zowwA~z tila a o z O 2 zQ Q . U Z w WZ gm -z I-p w LU o �W w OXau>WZ Q ❑ Z to N}0�.W=❑ o z w 0Nzz (g. U' ZZow: wW z U'-W LI, ' ❑ Q K❑ z J N N F z u 5 �Y000!llN Z.m m m=�J ❑ XW a F .Q. w.s j O Q 0.N- N>>i 5>SS U(!1 N I z ❑ z 5 XW F J w M LL R' O O J W e i z Eiz M LLL F W N z 0 Q 0 O a N Z O Agenda: September 19, 2011 Staff: John Richbourg, Finance Director SUBJECT Semiannual Summary of the Public Safety Trust Fund EXECUTIVE SUMMARY The attached Exhibits `A' and `B' reflect the Public Safety Trust Fund's activity through June 30, 2011 from its inception in October 1, 2004. The Public Safety Trust Fund was established to account for a /a% fire sales tax. These exhibits combined with the comments below comprise the Summary of the Public Safety Trust Fund report for the period ended June 30, 2011. Almost all of the items originally anticipated to be funded by the capital portion of the fire sales tax should be completed by the December 31, 2014 expiration of that portion of the tax. The planned 2012 purchase of a platform ladder truck may not be able to be accomplished as a result of sub par sales tax revenue growth and the funding of the local match for a SAFER grant that supports 3 temporary firefighter positions. Annual 7.25% sales tax growth through the remainder of the capital portion of this tax would allow this purchase to be completed. Support from the SAFER grant for the 3 temporary firefighter positions will end during the EYE 6-30- 13. At that time the 3 positions will need to be eliminated or an alternative funding source must be identified. BACKGROUND/DISCUSSION On June 8, 2004 the voters approved a fire sales tax to fund various public safety capital and operating needs. The fires sales tax began being collected on October 1, 2004. Exhibit `A', Summary of Public Safety Trust Fund, is divided into two sections. The top section shows actual expenditures, open encumbrances (contracts entered into but not spent), and total committed expenditures for each trust fund project since the inception of the fund. The bottom section gives actual and projected revenue and expense information for the fund. Significant data from Exhibit `A' show that the fund had committed to $13,157,590.74 in capital related expenditures and had transferred $7,058,378.73 to the general fund to support public safety salaries, 3 permanent firefighter positions, the City's communications operation and a local match for a SAFER grant that funds 3 temporary firefighter positions. At the end of June the fund had an uncommitted balance of $327,973.00. As of June 30, 2011 projected total revenues through the expiration of the capital portion of the fire sales tax were $28,528,937.08. Revenue projections assumed no future sales tax revenue growth, interest earnings on unexpended cash balances at current rates, and interest earnings on the debt service reserves of the bonds that were issued in May 2005. At June 30, 2011, expenditures to accomplish objectives of the public safety trust fund, excluding the 2012 purchase of a platform ladder truck, were projected to be $28,386,410.74. Expenditure projections have been adjusted to reflect contracts that have been issued since the last report, allow for 3% inflation and include debt service payments on outstanding debt. Exhibit `B' is the Summary of Committed and Projected Costs — Public Safety Trust Fund. This summary shows the original estimated costs, current estimated costs, current committed costs, and current remaining costs for each project. Current estimated costs have been adjusted to reflect contracts that have been issued since the last report and reflect the accomplishment of all but one of the original items that were proposed to be funded through the trust. Annual 7.25% sales tax growth through the remainder of the capital portion of this tax would allow all projects to be completed. ATTACHMENTS • Exhibit A — Summary of Public Safety Trust Fund • Exhibit B —Summary of Committed and Projected Costs —Public Safety Trust Fund FAhibit"A' Summery of Ik Batey TRat Fund Wober 1, 2000 Nr9u0h June 30,2011 TC16.V. om 'Mm PveLSC 9a n TR08T PFAhCTO EXPSNOITUxEB BNCL0933 =. .p rzml F =rr I., conatt.etien of fire atatL. f3 With emelgenry ep.zatimu unto and Cemu .ti.n reslex $ 2,852,366.21 $ - a 2,852,366.23 Beplaae reef f =e ." fire aratiw 32 103,949.40 - 103,949.08 Repl¢ce reef 6 vanevare fim etativn 04 125,223.55 - 125,223.65 Rv re fire atetlon al 213,19].]9 - 233,197.79 3Lte=a alt. etetie0 104 180.613.00 100,613,00 Total 008b fire f40111tiea 9 3,475.350.01 $ Replan air eondltiq .l ayetm at Ili.. ."t 211,267.39 $ - $ 211,267.39 Renovate pollee ere".. 194.199,24 - 194,179.24 Ea —Iea0ta Dn FxderiC Ptieet r.rerrw 146.9S4.SB 306.85..10 T.bl ...b police facilitla¢ 3 552.3DMO 3 5 552 300,79 pain, rix. tree, a - $ - a - Laddex tnvX 965,49..10 - 565,498.10 P1atr.. leddea Greek (F28 6-30-32) - - Pwgex fire mal 409.359.00 - 401,359.OD Povmex fire engine 409,259.00 - 409,259.00 P.mpss fire m9i0e 444,810.00 - 444,810.00 Refurbish ledder rrIx 49,004.64 - 48r804.ed rIrnda 2003 Ampex fixe engirt 91994.68 - 0,994.68 M3-bzzatn fire w .le 30,522.20 - 54,522.20 Re— DOat 122,7".24 322783.24 Tvta1 ceare fire wKolea $ 2.064.D20.94 3 6 2,064,029.94 Pmix .ehinlea (100 vehlol.s 10 par - 1.11m vel3aea 428 vahiolea - 1 par yeas for na:r d year.) - - - 9 per l ve11103av (FTF 8-3D-lll 193,845.40 - 193,045.40 9 p.rrel V ia.a (M 6-30-1e) 5.1,236.Sp - 1.1,296.59 9 parrot VelScla> (Fye 6-30-09) 219,356.96 - 219,386.96 0 patrol Vehicles Jb 6-30-D.) 204,903.10 - 204,903.10 8 petrol Vehicles (FY¢ 4-30-.9) 184,392.93 - 104,392,93 8 patrol vehicles (FYB 6-30-00 193,306.00 1]3.306.00 20 patrol vehicles (BTB 610-05) 426,395.00 - 426,395.00 5 apnoialty vehicles (F 6-3C-05) 85.900.00 85 988.00 T.t —tx Ili.. vMiClee 8 1,669:423.58 5 9 2,661,423.0 Fg0]x r Coeurs: Self,tained bwr. LLe9 e,Irnrae $ 35,410..5 $ - $ 35,410.45 .a . equip t 25,845.00 - 25,845.0D Fixe oamuntoaGion e,mi'ment 139,412.59 - 139,412.59 Fire preteen...ary cont 192,935.25 - 192,915.25 Fou= thenal imaging 30,800.00' - 30,800.00 Cerdlec MnnlWie 29,490.49 29.090.49 T0te1 cooter fire eq iT t 8 133 681.]6 9 - $ 433.681.96 Palive mmuunication egvi.p t 9 .2,404.20 a - 5 42,404.20 r0 ioe pr.rretw. egdIerG 4,602.07 291.60 4,.73.67 32 ¢W sutcNatitl rifle. 29,440.00 - 25,440.00 10 eeni suGwatlo rifle. ]2,O...Oo - 12,080.00 12 It gun. 6,357.00 - 6,357.00 11 .RT ream entq rifles 15,849,39 15,..9.39 103 Im glvoka lea. T/I Of old 'lock¢ - $1150,00 5,150.OD 77 pvlatere and 11gbbs for eeePO" - 11,607.75 11,07.75 4 radar unite 90255.00 - 9,255.00 46 t.aera art cart.idgea 40.105.56 40.3D5.56 TOtel ev.t poll.. egoipmane 156,173 S. 9 17,029.35 5 17] 2D2.53 .r B.W1.9 DO.T3; Pnevilvl $ 3,572,116.94 a - 3,572,116.94 Snrrr..t . M. Duets 1,W,4RCl1 l 2217.486.19 TOGl debt serer.. DData 5 4.789,603.13 -j - S 4 789.603,13 TOfA1 CAPITAL FEWg60 C09'R $ 13.140,561.99 8 17,029E ]5 H 13.167.690.74 DPC9ATSNrr apeu.. zationa Cowounv $ 2r%7,76289 $ - 3 2,07],]62.09 f 3 na. of 3 nee firefighter¢ 692,587.66 - 682,507.86 O .tM1 for 3 . 100,087.74 190,.7.44 Pxt. aalries—ow.tive adwetIDellr 4,107,180.74 av9nt OP¢MTAiO C09T3 $ 9,050,370.73 8 $ 7,050,370.73 ¢even a. y 10/1/04 - 6/30/11 P—ieetad Saler ter $ 13.738.959.76 $ 21,662,312.12 Inhreat 615,027,59 676,669.82 Other LI. 6,400.04 6,400.04 .std piooeMa "183,557.10 5,1.J 557,10 - abt+1 R.Vene. $ 20,543,942.47 $ 28,528,939.08 zxpetditex.a 20.215.969 47 20.386 410.74 FmW Salanw 5 329,973. Ce S 142.926.34 Exhlbir"B" Summary ofCommitted and Projected Costs Publle Safety Trust Fund October 1, 2004 through June 30, 2011 ORIGINAL CURRENT CCMMITTED PROJECTED PUBLIC SAFETY TRUST PROJECTS ESTIFATRD ESTIDIATED THROUGH RMAINING AT COSTS COSTS 6/30/2011 6/30/2011 FACILITY COSTS Construction of fire station 03 with $ 2,000,000.00 $ - $ - $ ¢mesgeney operations center and communication $ 2,987,153.07 $ 2,852,366.21 $ 136,786.86 center poplars roof S renovate fire station R2 $ 2,050,000.00 150,000.00 103,949.48 193,.60 103,949.48 - - Soplace roof c renovate fire station 94 50,000.00 125,223.55 181,225656.59 125,223.55 1,863.13 Renovate fit. station Y1 300,000-.00 215,060.90 219,356.76 213,197.77 - Future site station 94 180.613,00 204,903.10 180,613.00 - $ 136,649.99 Total nests fire facilities 4 2,550 .000.00 4 3,612,000.00 a 3,675,350.01 - Replace air conditioning system at poliee scat $ 250,000.00 $ 211,267.37 $ 211,267.37 $ - - (93.07) Renovate police station 300,000.00 - $ 194,086.17 426,375.00 194,179.24 - Improvements on Frederick Street property - 146,854.18 05.988.00 146.854.18 - (93.07) Total costs polis¢ facilities $ 550 000.00 $ 552.20].72 4 552,300.79 $ WEICLE COSTS: $ 2,000,000.00 _ 2,278,986.29 $ Quint fire truck $ 550,000.00 200,000.00 $ S65,d92.18 $ 35,610.45 565,698.18 - Ladder truck 100,000.00 55,628.49 250845.00 _ Platform ladder truck (FYE 6-30-12) 750,000.00 150,000.00 - 139,412.59 - 48,534 75 pumper fire engine 425,000.00 100,000.00 409,359.00 172,715.25 409,359.00 _ Pumper fire engine 425,000.00 - 409,257.00 30,000.00 409,257.00 Pumper fire engine 625,000.00 - 666,810.00 29J98.47 646,810.00 - - Refurbish ladder truck 150,000.00 550,000.00 $ 48,804.64 $ 633,681.76 48,804.64 78 318.24 Upgrade 2003 pumper fire engine - 8,994.68 8,994.68 54,522.20 - - All-terrain fire vehicle 45,000.00 150,000.00 $ 54,522.20 42,484.20 - Roscoe boat Total costs fire vehicles $ 2,770,000.00 - $ 122.783.24 2, 064 028.96 $ 122 783.24 2.064 028.94 $ police vehicles (100 vehiclea 10 per year) $ 2,000,000.00 $ - $ - $ Police vehicles (28 vehicles - 7 per year for - 609,562.71 nest 4 years) 609,562.71 193,255.40 193,.60 - - 7 patrol vehicles (FYE 6-30-11) 181,256.59 181,225656.59 - 7 patrol vehicles (FYE 6-30-10) 219,356.76 219,356.76 - 9 patrol vehicle. (FYE 6-30-09) 204,903.10 204,903.10 8 patrol vehicles (FYE 6-30-08) 184,392.73 184,392.73 - 8 patrol vehicles (FYE 6-30-07) 173,306.00 173,306.00 8 patrol vehicles (FYE 6-30-06) - 426,375.00 426,375.00 - 20 patrol vehicles (FYE 6-30-05) 05.988.00 - 5 specialty vehicles (FYE 6-30-05) 65.988.00 S 609,562.71 Total ...to police vehicles $ 2,000,000.00 _ 2,278,986.29 a 1,669,423.58 EQUIPMENT COSTS: self-contained breathing apparatus $ 200,000.00 $ 35,410.45 $ 35,610.45 $ - 29,783 49 Rescue equipment 100,000.00 55,628.49 250845.00 Fire communication equipment 150,000.00 139,412.59 139,412.59 48,534 75 Fire protective equipment 100,000.00 221,250.00 172,715.25 - 30,800.00 30,000.00 Four thermal imaging cameras - 29,498.47 29J98.47 - Cardiac Hnitors 8 550,000.00 $ 512,000.00 $ 633,681.76 �^+ 78 318.24 Total costs fire equipment Polio, communication equipment $ 150,000.00 $ 119,281.67 42,484.20 76,797.47 Police protective equipment 100,000.00 4,873.67 4,873.67 32 semi automatic rifles - 25,440.00 25,440.00 16 semi automatic rifles - 12,OBO.00 12,080.00 _ - 6,357.00 6,357.00 - 12 shot guns - 15,849.35 15,849.35 - 11 SRT team entry rifles - 5,150.00 5,150.00 - 103 new glocks less T/I of old glocks 11,607.75 77 holsters and lights for weapons - 11,607.75 9,255.00 4 radar units - - 9,255.00 60,105.56 40.305.56 - 46 tasers and cartridges $ 250,000.00 S 250,000.00 $ 173,202.53 $ 76 797.47 Total cosi police equipment - DEBT SERVICE COSTS: $ 4,500,000.00 $ 6,190,000.00 $ 3,572,116.94 $ 2,617,883.06 Principal 1,600,918.88 1.217.486.19 383,432.69 Interest and other cost -1.330,000.00 -$ 7 790 918.88 $ 4,709,603.13 S 3 001 315.75 Total debt service costa 5,830,000.00 $ TOTAL CAPITAL RELATED COSTS $ 14,500,000.00 S 17 060,141.53. $ 13 157 590.74 $ 3,902,551.09 OPERATING COSTS:$ $ 3,325,000.00 $ 3,669,411.81 $ 2,077,762.89 1,531,94a.92 Communication operations - 1,092,500.00 1,183,303.80 692,587.66 490,716.14 Cost of 3 new firefighters - - 487,060.44 180,847.44 306,213.00 Grant match for 3 firefighters 6,046,492.86 d107.180 7d 1 939.312:12 public safety salaries-competive adjustment 5 582 500.00 TOTAL OPERATING COSTS $ 10.000,000.00 $ 11 326,268.91 y9 7,058,378.73 $ 4'267 890.10 River Campus Board of Managers Minutes June 10, 2011 Noon in River Campus Seminary Conference Room Attendees: Jerry Ford, Dennis Vollink, Robert Cerchio, Ron Rosati, Swayne Byrd, Scott Meyer, Rhonda Weller -Stilson, Ruth Knote. Meeting opened with a moment of silence and Swayne Byrd offered a prayer for Gary Miller. Minutes from March meeting reviewed. Swayne Byrd made motion to approve; seconded by Dennis Vollink and accepted. Dr. Rosati introduced Rhonda Weller -Stilson as the new Interim Director and Associate Dean of Holland School of Visual and Performing Arts. Announcement: Memorial for Gary Miller tentatively planned in August or September; information forthcoming. Information Items; • Academic scholarships in honor of Gary Miller have been initiated for the Music Department and a Theatre scholarship has been endowed. • Summer academies —discussion regarding multiple academies held at River Campus this summer which did exceptionally well. The goal for future summer sessions is to have a series of classes that culminate in one large performance incorporating all academic areas. Each academy is self-supporting with assistance from groups such as the Lion's Club providing scholarships to needy students. Scott Meyer -- -- - suggestsis contacting the City for assistance with advertising. Upcoming season brochure — Bob provided handout of brochure and advance sales comparison. Discussion regarding upcoming events, the inclusion of specific series information such as Chamber Music and the incorporation of guest designers for the 2011-12 Season. Dates announced for individual ticket sales beginning July 13`h • New marketing approaches for the upcoming season — discussion included the implementation/inclusion of group sales opportunities targeted to local high schools, new brochure website, diversified brochure distribution, additional print media, and radio promotions along with refrigerator magnets and increased billboard advertising. Dance studio recital rentals— Larger events and rentals are being booked at River Campus due to temporary closure of Academic Hall. Clients are being charged roughly half the cost during this period. Ruth Knote made motion, Dr. Rosati seconded — meeting adjourned. Cape Girardeau Goes Green Advisory Board August 9, 2011 Meeting Minutes Cape Girardeau Public Library 711 North Clark Street Call to Order Vice Chairperson Shaun McClintock called the meeting to order at 7:02 p.m. Attendance The following Board Members were present: Sam Blackwell, Adam Gohn, Marcus Janzow, Shaun McClintock (Vice Chair), Steve Overmann (Secretary), Walter White, and Glen Williams. The following Board Members were absent: Red Redinger (Chair). The following City Representatives were present: Pam Sander (City Staff Liaison), and Debra Tracy (City Council Liaison). The following City Representatives were absent: none. Guests: Wade Hutson (Heartland Alternative Energy) and Brian Noto (Electric Vehicle Conversion Convention). III. Approval of July 12 Minutes Shaun indicated that he was not present at the July 12 meeting. The minutes for July 12 -=- - mistakeRfy=indicated= that -he was -in attendance. After the -correction was :noted -_Sam moved =_ approval and Adam seconded. The revised minutes were approved. IV. Announcements Brian Noto introduced himself. He described the Electric Vehicle Conversion Convention that will take place in Cape Girardeau September 21 - 25. The primary meeting site will be at the Cape Girardeau airport, but some events will take place in the City. Mr. Noto described the basics of electric vehicles and retrofitting a standard, gas vehicle to operate as an electric vehicle. He had brought an example vehicle to the meeting. He invited the group to view the vehicle in the library parking lot after the meeting. Debra invited Brian to attend a City Council meeting to present information on the Electric Vehicle Conversion Convention. Shaun asked if the retrofit technology could be applied to City vehicles. Mr. Noto replied that he would be willing to look at that possibility. Shaun asked if the plug-in connector for electric vehicles will be standardized across manufacturers and vehicle makes. Brian replied that a standard plug design has been agreed upon. V. Update on Focus Group Activity A. Energy Shaun indicated that Red had not been able to attend the last Focus Group meeting and that there was nothing new to report from the group. Pam indicated that she had sent Red information about paper towels and air dryers in restrooms of Cape city buildings. The Focus Group is investigating the potential benefits of switching to high efficiency air dryers. Debra inquired about the white roofs program. Shaun said that he did not have any new information. Marcus indicated the Clippard School would be getting a white roof. B. Outdoor Sustainability Marcus asked if the City had a tree planting program. Debra replied that there is a Tree Board and that City engineer Kelly was developing landscaping standards for TTTF projects. Marcus also asked if the Old Town Cape group had any plans for going green with more plantings and less pavement. Debra replied that Heather Brooks is on the Old Town board and that various plans for landscaping along Broadway were available on the City website. C. Waste Management Steve reported that the Waste Focus Group had met. Adam indicated that he had met with the new Parks and Recreation director and she was receptive to ideas and efforts to increase recycling within City parks. Pam provided Adam and Steve with typed comments from Public Works regarding the Waste Management Survey and Recommendations report. D. Transportation Sam suggested that the Advisory Board and City should be -Involved with the -Electric Vehicle Conversion Convention. There was discussion about how this could be done. Sam asked if some City vehicles could be operated as electric vehicles resulting in cost savings to the City. Pam suggested that Mike Schott, City vehicle fleet manager, would be the person to ask about potential value of electric vehicles for the City. VI. Adjournment The meeting adjourned at 7:59 p.m. The group moved to the library parking lot to view the all electric 1955 Porsche Spider (kit replica) brought to the meeting by Brian Noto. The group felt that it was an interesting and impressive vehicle. The next meeting will be held September 13, 2011 at 7:00 p.m. in the Cape Public Library. Respectfully submitted, Stephen R. Overmann DRAFT Planning and Zoning Commission MEETING MINUTES September 14, 2011 City of Cape Girardeau 401 Independence Street Cape Girardeau, Mo. 63703 (573)339-6326 Present: Wayne Bowen, Trae Bertrand, Raymond Buhs, Charles O. Haubold, Jr, Ralph Maxton, Scott McClanahan, Marcia Ritter and Thomas J. Welch Absent: William Hinckley Staff Present: Kelly Green, Martha Brown, and Carol Peters Call to Order. In the absence of Chairman Hinckley, Vice Chairman Trae Bertrand called the meeting to order at 7:00 p.m. Approval of Minutes The minutes of the August 10, 2011 meeting were unanimously approved upon motion made by Mr. McClanahan and seconded by Mr. Haubold. Public Hearings 1. A Public Hearing was held regarding the request to rezone property at 2901 Hawthorne Road from the R-1 (Single -Family Suburban Residential) District to the AG (Agricultural) District. Mr. Jack Pettet, applicant, explained that a Special Use Permit was issued by the City 15 years ago allowing the operation of a driving range. The Special Use Permit was only granted for a 15 year time frame and expired in January, 2011. Since a Special Use Permit for a driving range is no longer allowed in an R-1 district, the request is being made to rezone the property to the AG district. Mr. Haubold questioned Mr. Pettet on the need for nets around the perimeter of the property. Mr. Pettet explained that nets were up when the business started but over time the nets have come down. Mr. Haubold showed a golf ball that ended up almost hitting him in his yard and expressed his concerns about safety for pedestrians and residents along Hawthorne Road. Mr. Pettet was unaware of the issue and had not received any complaints but agreed nets could go back up along Hawthorne Road and requested to wait until spring to put them back up. Mrs. Ritter inquired about rezoning the property to the AG district. Ms. Brown explained the limitations of the AG District and that the continuation of a Special Use Permit is not allowed in an R-1 District. After discussions on the uses allowed in the AG district, Mr. Bowen suggested the commission look into the development of a recreation zoning district for this type of request. No one from the public spoke in favor or opposition to the request. The Planning & Zoning Commission, via motion made by Mr. Haubold and seconded by Mr. Bowen, voted to recommended approval of the rezoning request at 2901 Hawthorne Road upon the condition that netting be placed along Hawthorne Road in the spring. The motion passed by a vote of 8 in favor, 0 in opposition and 0 abstaining. DRAFT Planning & Zoning Commission Minutes September 14, 2011 Page 2 2. A Public Hearing was held for a Special Use Permit request to operate a convenience store selling liquor seven days a week at 238 North Fountain Street. Mr. Haubold informed the commission of the new committee formed for liquor licensing and liquor control. He felt this request should go to that committee first for their recommendation. Ms. Brown explained that this property is located in an RUMD (Residential Urban Mixed Density) district which requires a Special Use Permit for retail operations. Mr. Gordan Glaus, Attorney for the property owner Mr. Shah Faisal, presented information to the commission. He stated the new approval process for liquor licenses requires an application to be filed with the City Manager which can then be appealed and taken to the City Council. Mr. Faisal followed this process and was denied a liquor license for Sunday sales due the continuation of the business as a legal nonconforming use so that is why the request for the Special Use Permit is being presented to the Planning and Zoning Commission. Mr. Glaus informed the commission that Mr. Faisal is already operating the convenience store with the sale of liquor on Monday through Saturday and would just like to continue that operation on Sunday. He presented a petition from 186 individuals in favor of the Sunday sales. No one spoke in support of the request however, four individuals spoke in opposition. Mr. Brian Langlois, who owns Bellevue Bed and Breakfast at 312 Bellevue Avenue asked that the commission make note that the City Manager denied the request. He also felt Mr. Faisal has been untruthful. He stated Mr. Faisal told the prior owner he was purchasing the property for office space and then turned it into a "discount liquor" store. He told the commission about an armed robbery and numerous reports of trash in the yard. Mr. Bertrand reminded those in attendance that the commission could not stop what was currently being done and asked how sales on Sunday would be any different. As far as the Bed and Breakfast is concerned, a lot of business is done on Saturday and Sunday and he was concerned with more trash and noise. Mr. Larry Stroder, who owns the house across the street at 241 N. Fountain, spoke in opposition stating he didn't like the trash in his yard and didn't feel safe in his front yard due to the muggings and robberies. He felt six days a week was enough and felt his property value has declined since the opening of this business. Mr. Lyman Pitman, who owns the property at 315 Bellevue, also spoke in opposition stating his quality of life is suffering. He works during the week and would like to enjoy his time outside on the weekends. By not allowing Sunday sales he says he can still enjoy 50% of the weekend outside. After further discussion Mr. Haubold made a motion seconded by Mr. Maxton to approve the Special Use Permit for the operation of a convenience store selling packaged liquor on Sunday at 238 North Fountain Street. The Planning and Zoning Commission recommended disapproval of the Special Use Permit with a vote of 1 in favor, 7 in opposition and 0 abstaining. Subdivision Plats 3. The Commission reviewed a Record Plat of Dombrowski's First Subdivision. Mr. Chris Koehler presented the request to the Commission. A motion was made by Mr. Haubold, seconded by Mr. Bowen for the approval of the record plat. The plat was recommended for approval by the Commission with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 4. Mr. Bertrand made a motion to table the Independence Village Subdivision Record Plat discussion until revisions are received from the applicant. Mr. Buhs seconded the motion and the Commission tabled the request with a vote of 8 in favor, 0 in opposition, and 0 abstaining. 5. The Commission reviewed a Record Plat of Lohmann Subdivision. Mr. Dan Lohmann explained that the purpose of the subdivision is to separate a commercial building and residential building which are currently on the same lot so that the commercial building can be sold. Mr. Haubold made a motion to approve the subdivision. Mr. McClanahan seconded the Planning & Zoning Commission Minutes September 14, 2011 Page 3 motion. The Planning and Zoning Commission recommended approval of the subdivision with a vote of 8 in favor, 0 in opposition, and 0 abstaining. Staff Report Ms. Brown informed the Commission that the Utility Facilities section of the Development Code is being discussed by the attorneys and the utility companies. No time frame for implementation has been set. Ms. Brown also mentioned some issues have developed with the fence regulations and variance requests. Eric Cunningham, City Attorney, has made the determination that since the fence regulations specifically state permits are required in residential and commercial areas, then no fence regulations are in effect for manufacturing uses. Ms. Brown suggested the Development Code committee discuss this issue at their next meeting. Ms. Green informed the Commission that the deadline for applicants to submit their resumes for the City Planner position has passed. Therefore, the resumes received will be reviewed and interviews will be scheduled soon. Adjournment Upon motion made by Mr. Haubold, seconded by Mr. Bowen, the meeting was adjourned unanimously at 7:45 p.m. Respectfully submitted, Ralph C. Maxton Secretary