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."
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(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.,
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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."
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(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.
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(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.
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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.
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(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
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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
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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:
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"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.
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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
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CROWN DEVELOPMENT
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APARTMENTS
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CROWN DEVELOPMENT
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APARTMENTS
REZ 0 NING AREA
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51,
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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
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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
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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
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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
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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
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msdale
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Lot 1.
Record Plat of
Dombrowski's First Subdivision'
Lot 2
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Legend
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Dombrowski Record Plat
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City
Parcels
Division of Planning Services
0 110
220 440 Fee 1
August 5, 2011
{
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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
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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
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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
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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
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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