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Home My WebLink About04-21-14 Regular . * � I'�� '��.-��4 � 1 � � � 1 � "f'� f '',' , ' , 'l , !� �t,� I�. : �'�!t�� . .�""y; ��.4A4!;``�r,' � ♦ � . ��p, ��,tw�oKs K' .y�`*?�,�.�� *t �ei�.—.�..vs*;:., Harry E. Rediger, Mayor City Council Chambers Joseph Uzoaru, Ward 1 City Hall Shelly Moore, Ward 2 401 Independence Vacant, Ward 3 Loretta Schneider, Ward 4 Cablecast on: Mark Lanzotti, Ward 5 City Public Access Channel 993 Wayne Bowen, Ward 6 ��•w.cit,�fcape�irardeau.� Apri121, 2014 Study Session 5:00 PM Items for Discussion • Planning and Zoning Commission Report • Appearances regarding items not on the agenda � • Agenda review No action will be taken during the study session Closed Session Items for Discussion • Personnel matters, pursuant to RSMo. Section 610.021(3); and critical incident response plans, pursuant to RSMo. Section 610.021(18). 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). Regular Session � 7:00 PM Invocation .� �� \' � � � Reverend Dr. Kim Nelson, First Presbyterian Church of Cape Girardeau � Pledge of Allegiance � Call to Order/Roll Call Adoption of the Agenda Presentations • ALICE Training Employee Recognition Communications/Reports • City Council • City Manager Public Hearings l. �_�u_blic hearing.to consider the I'etih�n receiti�ed forthe creation_ofthe nowntown_C�e_G_i_rardeau C�inmuni�� 1_m��r�veme»C_District..(lgenda Item No. 4; TiII.,f:,NO. 14-�� 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. 2. A��rova) ofthe A�ril 7,20I��CiriTCouncil regular and closed sessions meetin�minute�and_the A�ril_1_4 2014�Cih•.Council s�ecial session_meetin�minutes. 3. BTLL_.NO. 1_�-�7}_an Ot�dinance_auth�rizi�the Cin�Mana�er to execute_State Bfock Grant A�reetnent_Amendment#2 with the Missouri Hi�hwavs and Trans��ortatic�n_C'c�mmistii_on_tc>fund the construction and oversielit_c�sts ro construct a_set of ten T-i-�angars at the.C�e G_irardeau Re�i_�nal Air�c�rt.Se_cc�nd and_Third:Rcadi�s. Items Removed from Consent Agenda New Ordinances 4. 13IL,L NO_14-53 an Ordinance ap roying a P�tition for the creation.of the Do«�mtown Caae Girardeau_Communitv ]mprovement District; establishing the district as a political subdivision of the State of Missourii_ai�d_directin�_the_C�•_Clerk to i�oti �the._Missouri De�artment of Ec�i�omic Dzvelc��mcnt �t the crea__tion ofthe district Fir.st Fteadin�. 5. I3II._I� Nn _I�-54,_an Ordinanc�; a��r��ingthe recc_�rd.�lat c�f_a Resubcii��isi�n of_l�_e�t 2�NfcLane t)utic>t � No. 3__ F��rst Rcadin� � Harry B Redigev, Mayor City Council Chambers Sohn Voss, Ward 1 CityHall Meg Davis, Ward 2 401 Independence Trent Summers, Ward Lo retta Schneider, Ward 4 Cablecast on Marc Lanzotti, Ward 5 City Public Access Channel 993 Wayne Bowen, Ward 6 www c tvofcaoee rardeau or Study session 5:00 PM Items for Discussion April 7, 2014 Planning and Zoning Commission Report Tangible Results - Attracting Tounsts/Visitors Appearances regarding items not on the agenda Agenda review No action will be taken during the study session Closed Session Items for Discussion Legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610 021(l), (2), and (3). The City Connell of the City of Cape Grardeaa, Mssoun, may, as a part of study session or regular or sped al City Council meeting, hold a dosed session to discuss legal actions, causes of1Mal action or litigati on, leasing, purchasing or sale of read estate, hiring, firing, di sdplining promotion of personnel, employee labor relati ons, or confidential or privileged comMni can ons with its attorneys. Spedfi tally, the City Council will hold a dosed session to discuss legal actions and litigati on, confidential comMni can ons with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610 021(2), and 610.021(3). Regular Session 7:00 PM Invocation Pastor Kory P. Douglas, New Life Fellowship Seventh -day Adventist Pledge of Allegiance Call to Order /Roll Call Adoption of the Agenda Presentations • Soles4Souls Week Proclamation • Proclamation Recognizing Support from Neighboring Agencies Communications /Reports • City Council • City Manager Public Hearings 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 March 17, 2014, City Council regular and closed sessions meeting minutes. 2. BILL NO. 14 -36, an Ordinance accepting a Permanent Utility Easement from RR Family LLC, for property located at 3364 Percy Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. 3. BILL NO. 14 -37, an Ordinance accepting a Permanent Sanitary Sewer Easement from Charles L. Drury Revocable Trust Dated March 6, 1989, for property located on Percy Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. 4. BILL NO. 14 -42, an Ordinance authorizing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights -of -Way from various property owners, for the West End Boulevard - Linden Street to Jefferson Avenue Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. 5. BILL NO. 14 -43, an Ordinance authorizing the acquisition of Temporary Construction Easements and rights -of -way from various property owners, for the Safe Routes to School - 2011 Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 14 -44, an Ordinance authorizing the acquisition of a Temporary Construction Easement 7. BILL NO. 14 -45. an Ordinance authorizine the acauisition of Temnorary Construction Easements Permanent Drainage Easements, Permanent Retaining Wall Easements, and Right -of -Way for the Walnut Street Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. 8. BILL NO. 14 -46 a Resolution authorizing the City Manager to execute an agreement with Apex Paving Company for the 2014 Asphalt Overlay Program, in the City of Cape Girardeau, Missouri. Reading and Passage. 9. BILL NO. 14 -48, a Resolution authorizing the City Manager to execute an Agreement with the Safe House for Women. Inc., for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. Reading and Passage. 10. BILL NO. 14 -49, a Resolution authorizing the Chief of Police to enterinto a Memorandum of Understanding to establish the Southeast Missouri Street Crime Task Force. Reading and Passage. 11. BILL NO. 14 -50, a Resolution authorizing the City Manager to execute a Design Services Agreement with Crawford. Murphy, and Tilly. Inc. to procure new snow removal equipment at the Cape Girardeau Regional Airport, utilizing City generated technical specifications in a manner eligible for reimbursement through an FAA Airport Improvement Program (AIP) grant. Reading and Passage 12. BILL NO. 14 -51, a Resolution authorizing the City Manager to execute a Design Services Agreement with Crawford. Murphy. and Tilly. Inc. to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. Reading and Passage. 13. BILL NO. 14 -52, a Resolution establishing an election schedule for the selection of a Council Member from Ward 3, in the City of Cape Girardeau, Missouri. Reading and Passage. Items Removed from Consent Agenda New Ordinances 14. BILL NO. 14 -47, an Ordinance authorizing the City Manager to execute State Block Grant Agreement Amendment #2 with the Missouri Highways and Transportation Commission to fund the construction and oversight costs to construct a set of ten T- Hangars at the Cape Girardeau Regional Airport. First Reading, Appointments 15. Appointments to the Girardeau Goes Green Advisory Board Other Business Meeting Adjournment Memos • Board of Appeals Residency Recommendation Advisory Board Minutes • River Campus Board of Managers - October 11, 2013 Southeast Metropolitan Planning Organization - February 19, 2014 Public Library Board of Trustees - February 27, 2014 Golf Course Advisory Board - February 27. 2014 Girardeau Goes Green Advisory Board - March 11, 2014 Chamber of Commerce Board of Directors - April 1. 2014 Tangible Result: Attracting TouristsNisitors Champion: Julia Thompson Submitted: April 7, 2014 Data for 2nd Quarter: 2013/2014 Current Overall Rating of This Result: MAJOR STRATEGIES and TASKS _ R The 2013/2014 Second Quarter Hotel and Restaurant tax receipts continue to show a gain from previous quarters given the same time frame. The activities and events index continued with a slight increase this if uarter with record attendance for public events in our parks, leagues and tournament increase at at Shawnee Park Sports Complex. Task #1 Improve our customer service, program guide, publ is relations and social media promotions through enhanced technol egy and online registration capabilities. We Measures with desired trend and ultimate goal / benchmark feel this has and will result in increases in both revenue, participation and positive public perception. Task #2 Our staff has met with CIA staff members to review events for 2013- 14 with a goal to get enhance advance bookings. This summer our joint marketing focus will include "Family Fun ", "The Arts" with continued efforts to enhance our lower performing quarters (Also Facil des Study) Measure Desired Trend Benchmark Goal Task #3 Discounted rates for non prime time play which Ind use student rates and afternoon times that were under utilized continues to show a positive impact through Tax Collection increased rounds and revenue. Task #4 The conceptual plan for Casaba Park has been cempl eted and we are in Phase l of improvements which we hope to be complete by late summer 2014 Hotel /Motel increase 590 Increase $700,000 annually Task #5 The Cape LaCroix Trail wil l also experience Phase 1 Improvements which ind use new wayfinding sgnage, new amentiies from benches, water fountains, refuse Restaurant Receipts increase 5% increase 1.4 million annually cans, landscaping and more. Activities Index increase 150,000 240,000 Task #6 Develop and mpl ement process improvement plan for staff recruitment and development Events increase 300 390 See additional taks and projects below Current State (should be Descriptive anchor A3visuaq for each measure Implementation Plan Green =Task On Time/Completed- - Rea =Task behind schedule -x= Milestone Date) Measure Quarter Trend Progress Rating /Comment Red Yell Green Hotel Tax Receipts $175,224.56 up yes Increase # Leader Tasks JuF13 Aug13 Serl3 ( 13 to 13 Dec 13 J-14 Feb14 MaT4 Api MW 14 Jun 14 Restaurant Tax Receipts $337,875.83 up yes Increase Julia /Penny /sit Deveopan enhance Departm ent marketing str ategy to improve 1 participation /revenue Enhance customer senvice through on -line registration Activities Index 118,877 up yes Increase copy (WinlJ?01 51 Workwith CVBto promote tournamentsand events thatevill increase Events Index 561 up yes Increase Julia/ Penny /sic economic impact(continue focuson winter opportunities) In addition, the ott/Kaed 2013 /14 ACTIVITIES INDEX facilit feasibilit stud will provide direction to the cit on new facilities. 3 Brian Increase participation & revenue /rounds of Golf@ Jaycee Golf Course 350000 r.zddn /1g 300000 Conceptual Plan Developmentfor Capaha Park Improvements, enter into 250000 02010/11 4 Julia/Brock Phase 1 development (Weather has been a contributing factor) 100000 Conceptual Plan Developmentfor Cape LaCroix Tail Improvements was Eel s Julia/Brock completed, enter into Phase l development(Weatherhas been x50000 - ontributing factor) Continue efforts from 2012 to refine hiring and training of quality staff (00000- Will s Team through levels employmen min the ne v W ork with th Keep ep Cape Beautiful Committee and nd Go Go Green partners to develop 50000- 7 Julia/Brock ongoing strategy for decreasing litter, graftti and improving beautifiation 02013/14 and recycling efforts Plan and execute Casino Projects (Spring/Summer 2014)Manyp projects have 4 Qualifier 4tN.QUatier 1s[ Quarter 2nd Quarter and Quart e roc Julia/Bk completed mpl pled and others are in progress 5 Julia/Penny Cape Splash Expansion Concepts (Completed Currently working on finalizing 2013/2014 EVENTS INDEX a for Construction documents) Initiate Arena Park Site Evaluation ( Summer /Fall2013) Current conceptual 700 ®soon /1d eoo 10 Julia/Brock proposals are un review Continue efforts on achieving goals through partnerships, grants, cost 500- 02010/11 Julia /Brock /Pet 11 recovery methodology and through seeking a variety offunding sources 400 11121 ponvoinch Initiate Facilities Feasibility Study (April 2014) and Updating the Parks, 300- 11 Julia /Team h012/13 zoo Recreation and Tails Master Plan (Fall /Winter 2014) ■2dia/14 100 - Outcome Measures Citizen Survey Results Completed Projects 0 Tax Collections Numberof Collaborative Partnerships 1s[quarter 2nd quarter 3rd quarter 4th quarter Program and Facility Usage and Participation Data Alternative Funding Obtained Cost Recovery Methodology ratio (cost +25 %) De c re as e I n I ittergra ittan 7 ncrease in raved ni, Staff: Bruce Taylor, Deputy City Agenda: Clerk/Administrative Aide 4/7/2014 SUBJECT Soles4Souls Week Proclamation EXECUTIVE SUMMARY BACKGROUND /DISCUSSION GENERAL DIRECTION ATTACHMENTS: Name: ❑ proc.So1es4Sou1sWeek.2014.idf Description: S ou I s 4 S o u I s P ro c l a m ati o n (Procfamation - yyll = S j Soles4Soulsisanonprofitenterprisethatadvancesthefightagainstglobalpoverty bymonetizing �� shoes and clothing to create sustainable jobs and fund direct relief efforts around the world; and `G Creas since 2005, Soles4Souls has given away more than 21 million pairs of new and gently worn shoes to people in 127 countries, including Kenya, Thailand, Nepal and the United States; and `G hCreas it is estimated that Americans have 1.5 billion pairs of unused shoes lying in their closets, n, S , 00les4Souls can use each and every one of these pairs to make a tangible difference in someone's life; and `Gl�hMaS Soles4Souls has earned glowing endorsements from Hollywood stars and professional athletes, but the people that truly make the non - profit organization effective are those who clean out their closets to personally drop off their new or gently worn shoes at a participating location; and Wh el=, Soles4Souls, St. Andrew Lutheran Church, Marcy's Planet Shoes, and the Southeast Missouri State University's Soles4Souls on Campus student organization will be collecting new or gently worn footwear and donations to ship the shoes to a person in need, whether they are victims of a natural disaster or subject to living in extreme poverty. Now, gZerefore & It &sofvedthat I, Harry E. Rediger, Mayor of the City of Cape Girardeau, Missouri, do hereby proclaim AprW 6t -10 2014 as SoCes4Souls Weef, in the City and encourage all citizens to support the efforts of Soles4Souls so that it may continue to help communities all over the world in times of need. In 144tness Wfiiereo I have hereunto set my hand and caused to be affixed the Seal of the City of Cape Girardeau, Missouri, this 7 day of Apri(A.D., 2014. Harry E. Rediger, Mayor Staff: Gayle L. Conrad, City Clerk Agenda: 4/7/2014 SUBJECT Approval of the March 17, 2014, City Council regular and closed sessions meeting minutes. ATTACHMENTS: Name: ❑ min.03- 17- 14.odf ❑ min. 03-17-14. closed. doc Description: Regular Session - March 17, 2014 Closed Session - March 17. 2014 Regular March 17, 2014 JJ -31 REGULAR SESSION —MARCH 17, 2014 CY111.90117. Legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), (2), and (3). A Motion was made by John Voss, Seconded by Meg Davis to convene to closed session. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. INVOCATION City Attorney Eric Cunningham We01III" we] 0R\IIII DE" kV[Y01 NAll a M C /Z /] 1 4 11 0111 The Cape Girardeau City Council convened in regular session on Monday, March 17, 2014, at 7:00 p.m. with Mayor Harry Rediger presiding and Council Members Wayne Bowen, Meg Davis, Mark Lanzotti, Loretta. Schneider, Trent Summers, and John Voss present. ADOPTION OF THE AGENDA A Motion was made by Loretta Schneider, Seconded by John Voss to approve and adopt. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. X110It]1, IQI[ #AU 0[ /]\69/.70111].70P Parks and Recreation Director Julia Thompson reported that over 40 vendors and 1,100 people attended the 4" Annual Sign -Up Saturday at the Osage Center. The event included sign -up for all spring and summer camps and sports, but registration is still open for all events. Ms. Thompson said that commemorative bricks are still available for the Melvin Gateley Vision 2000 Garden. Orders may be placed online, or in person at the Arena Building and the Osage Centre. Mayor Rediger said that he, City Manager Scott Meyer, Mrs. Schneider, and Mr. Bowen attended the groundbreaking of the Melvin Gateley Vision 2000 Garden at the Red House Interpretive Center in Murtaugh Park this morning. The Mayor congratulated Mrs. Gayle Conrad, Director of Citizen Services /City Clerk, on her election as the MoCCFOA President. Mrs. Conrad was also presented with the 2014 Outstanding Clerk Award at the Spring Institute in Columbia, Missouri. Mr. Bowen reminded everyone that the last Open House at the Police Station on Sprigg Street begins at 5:00 p.m. on Tuesday, March 18. Regular APPEARANCES March 17, 2014 JJ -32 Mr. Craig David, of 105 South Spanish Street, appeared before the Council regarding BILL NO. 14 -38, a Resolution calling for a public hearing to consider the proposed downtown Community Improvement District. He requested that his home be removed from the proposed Community Improvement District map. Mr. Meyer said that it may not be possible to change the boundaries of the proposed Community Improvement District, since the boundary map was submitted with the petition. However, he advised Mr. Craig to contact the Community Improvement District Steering Committee and voice his concerns at the public hearing. Mr. Lanzotti asked City Attorney Eric Cunningham if the Council may amend the boundaries, or if they must approve or disapprove it as presented in the petition. Mr. Cunningham answered that he will research the question, and report his findings back to the Council. X11M911►YKIMD1►11k\ Approval of the March 3, 2014, City Council regular and closed sessions meeting minutes. BILL NO. 14 -29, an Ordinance accepting a Permanent Sanitary Sewer Easement from Saint Francis Medical Center, for property located at 211 Saint Francis Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14 -30, an Ordinance accepting a Permanent Sanitary Sewer Easement from U.S. Bank National Association, for property located at 3060 William Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14 -35, an Ordinance appropriating funds for the construction of the Safe Routes to School 2008 project for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14 -38, a Resolution calling for a public hearing to consider the proposed Downtown Cape Girardeau Community Improvement District; directing the City Clerk to give notice of such public hearing; and other related matters. Reading and Passage. BILL NO. 14 -39, a Resolution authorizing the City Manager to execute an Agreement with the Salvation Army, for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. Reading and Passage. BILL NO. 14 -40, a Resolution authorizing the City Manager to execute an Agreement with the Community Caring Council, for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. Reading and Passage. BILL NO. 14 -41, a Resolution authorizing the City Manager to execute an Agreement with the Catholic Charities of Southern Missouri for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. Reading and Passage. BILL NO. 14 -29 will be ORDINANCE NO. 4555; BILL NO. 14 -30 will be ORDINANCE NO. 4556; BILL NO. 14 -35 will be ORDINANCE NO. 4553; BILL NO. 14 -38 will be RESOLUTION NO. 2802; BILL NO. 14 -39 will be RESOLUTION NO. 2803; BILL NO. 14 -40 will be RESOLUTION NO. 2804; and BILL NO. 14 -41 will be RESOLUTION NO. 2805. Regular March 17, 2014 JJ -33 A Motion was made by Loretta Schneider, Seconded by John Voss to approve and adopt. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. I\ID19TK/]N1]NP-100 Df.' BILL NO. 14 -36, an Ordinance accepting a Permanent Utility Easement from RR Family LLC, for property located at 3364 Percy Drive, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Wayne Bowen, Seconded by Loretta Schneider to approve. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. BILL NO. 14 -37, an Ordinance accepting a Permanent Sanitary Sewer Easement from Charles L. Drury Revocable Trust Dated March 6, 1989, for property located on Percy Drive, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Trent Summers, Seconded by Loretta Schneider to approve. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. BILL NO. 14 -42, an Ordinance authori zing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights -of -Way from various property owners, for the West End Boulevard - Linden Street to Jefferson Avenue Project, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Loretta Schneider, Seconded by Wayne Bowen to approve. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. BILL NO. 14 -43, an Ordinance authorizing the acquisition of Temporary Construction Easements and rights -of -way from various property owners, for the Safe Routes to School - 2011 Project, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Trent Summers, Seconded by Loretta Schneider to approve. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. BILL NO. 14 -44, an Ordinance authorizing the acquisition of a Temporary Construction Easement and Right -of -Way for the Kingsway Sidewalk Project, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Mark Lanzotti, Seconded by John Voss to approve. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. BILL NO. 14 -45, an Ordinance authori zing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Right -of -Way for the Walnut Street Project, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Loretta Schneider, Seconded by John Voss to approve. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Regular APPOINTMENTS March 17, 2014 JJ -34 Appointments to the City of Cape Girardeau/MidAmerica Hotels Corporation Feasibility Study Joint Committee, Voting Members: Ms. Kathy Bertrand, Mr. Craig Billmeyer, and Mr. Danny Essner were appointed to the study to be completed by the end of November, 2014. A Motion was made by John Voss, Seconded by Wayne Bowen to appoint. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Appointments to the City of Cape Girardeau/MidAmerica Hotels Corporation Feasibility Study Joint Committee, Non - Voting Members: Parks and Recreation Director Julia Thompson was appointed as the City staff representative, and Council Member Mark Lanzotti was appointed as the Council liaison. A Motion was made by John Voss, Seconded by Meg Davis to appoint. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Appointment to the Historic Preservation Commission Carol Nesler was appointed for a term expiring April 16, 2015. A Motion was made by Loretta Schneider, Seconded by Trent Summers to appoint. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Appointments to the Tax Increment Financing Commission Mr. John Mehner and Mr. J. Ronald Fischer were reappointed for terms expiring April 1, 2018. A Motion was made by John Voss, Seconded by Wayne Bowen to appoint. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Appointments to the Town Plaza Community Improvement District Board of Directors Mr. Scott Campbell and Mr. Dan Barnard were reappointed for terms expiring April 2, 2015. A Motion was made by John Voss, Seconded by Mark Lanzotti to appoint. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. MEETING ADJOURNMENT The Council meeting ended at 7:30 p.m. A Motion was made by Mark Lanzotti, Seconded by John Voss to adjourn. Motion passed. 7 -0. Aye: Bowen, Davis, Lanzotti, Rediger, Schneider, Summers, Voss. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk JJ -35 THIS PAGE INTENTIONALLY LEFT BLANK. Staff: Ryan Shrimplin AICP, City Agenda: Planner 4/7/2014 SUBJECT An Ordinance accepting a Permanent Utility Easement from RR Family LLC, for property located at 3364 Percy Drive, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Permanent Utility Easement for the property at 3364 Percy Drive in connection with a sanitary sewer main extension for Roland Machinery Company. BACKGROUND /DISCUSSION Roland Machinery Company is redeveloping its property at 3364 Percy Drive. The current development does not have sanitary sewer service. The closest public main is located several hundred feet east of the site, so Roland is paying for a main extension, to be stubbed out at the southeast corner of the property. An easement is necessary for the portion of the main that is on the property. The property owner has executed the attached Permanent Utility Easement for acceptance by the City Council. FINANCIAL IMPACT The property owner is donating the easement to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City and its assigns a right to access, construct, maintain, repair, and replace public utility infrastructure within the easement area STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a Permanent Utility Easement for the property at 3364 Percy Drive. ATTACHMENTS Name: Description: ❑ RR FAMILY _PERCY_Utility Ease.doc RR Family Utility Ease Ord ❑ RR Family LLC - PUE - Map.pdf RR Family LLC - PUE - Map ❑ Permanent Utility Easement RR Family LLC.pdf RR Family LLC - PUE ❑ 34754 - ESMT _ Exhibit-Roland _Easement.pdf RR Family LLC - PUE - Exhibit BILL NO. 14 -36 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM RR FAMILY LLC, FOR PROPERTY LOCATED AT 3364 PERCY 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 a Permanent Utility Easement from RR Family, LLC, conveying to the City of Cape Girardeau, Missouri, a Permanent Utility Easement located at 3364 Percy Drive, in the City of Cape Girardeau, Missouri, described as follows: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the SouthE described in Deed recorded in the La County, said comer North right of way with said North 88 0 54'36" West, 15. North right of way 20.07 feet to a po and normal to sai thence with a line ast comer of a tract of land Book 1072 at Page 452 and id Records of Cape Girardeau also being a point on the line of Percy Drive; thence right of way line, North JO feet; thence leaving said line, North 06 0 01'47" East, nt being 20.00 feet north of 1 North right of way line; being 20.00 feet north of, parallel and adjacent to said North right of way line, South 88 0 54'36" East,15.00 feet to a point on the East line of said tract of land; thence with said East line,South 06 0 01'47" West, 20.07 feet to the point of beginning and containing 300 square feet, more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 2014. Harry E. Rediger, Mayor 1 ATTEST: Gayle L. Conrad, City Clerk PERMANENT UTILITY EASEMENT RR FAMILY, LLG J •, , •\ � Approximate Location L s of Easement V. - � ; fit' ` � •► 2' N Or Legend o Roland Machinery ' Parcels Sanitary Sewer Manholes Sanitary Sewer Mains i O Y 140, City of Cape Girardeat Division of Planning Sery GIS Data December 17, 2013 GE PERMANENT UTILITY EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: RR FAMILY LLC, an Illinois Limited Liability Company, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter referred to as the "City ", the right, privilege, permission and authority to enter on and upon the following described property which is solely owned by the undersigned located in the City and County of Cape Girardeau, Missouri, to -wit: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southeast corner of a tract of land described in Deed Book 1072 at Page 452 and recorded in the Land Records of Cape Girardeau County, said corner also being a point on the North right of way line of Percy Drive; thence with said North right of way line, North 88 °54'36" West, 15.00 feet; thence leaving said North right of way line, North 06 °01'47" East, 20.07 feet to a point being 20.00 feet north of and normal to said North right of way line; thence with a line being 20.00 feet north of, parallel and adjacent to said North right of way line, South 88 °54'36" East, 15.00 feet to a point on the East line of said tract of land; thence with said East line, South 06 °01'47" West, 20.07 feet to the point of beginning and containing 300 square feet, more or less. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants, and assigns to use said property to excavate, build, and construct certain improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. The undersigned covenants that he is the authorized agent of the owner in fee simple of the above described property and has the legal right to convey the same. IN WITNESS WHEREOF, the undersigned has executed this easement this 9 day of i R P , 201_. STATE OF l/Il�'t ) SS. COUNTY OF ( %/jU wayLl ) U BE IT REMEMBERED, that on this b day of ",A , 201_, before me, the undersigned notary public, personally appeared Raymond Roland, Member, who, being by me duly sworn, did state that he is the authorized agent of RR FAMILY LLC, and that said instrument was signed on behalf of said corporation for the consideration stated herein and no other, and has acknowledged said instrument to be the free act and deed of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Pub is � My Commission, Expires: OFFICIAL SEA MELISSA BROCKHOUSE NOTARY PUBLIC S`AT= 3F ILLINOIS MY COMMISSION EXPIRES.04110115 Raymond Roland, Member N Description of 20' Utility Easement from Roland THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH I I PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: W E Begin at the Southeast corner of a tract of land described in Deed Book 1072 at Page 452 and recorded in the Land Records of Cape Girardeau County, said corner also being a point on the North right of way line of S I Percy Drive; thence with said North right of way line, North 88'54'36' West, 15.00 feet; thence leaving said I I Q North right of way line, North 06'01'47" West, 20.07 feet to a point being 20.00 feet north of and normal to U NORTH ORIENTATION said North right of way line; thence with a line being 20.00 feet north of, parallel and adjacent to said North U) FROM DEED REFERENCE I right of way line, South 88'54'36" East, 15.00 feet to a point on the East line of said tract of land; thence I I U DEED BK. 657, PG. 597 with said East line, South 06'01'47" West, 20.07 feet to the point of beginning and containing 300 square feet, d \ more or less. I III �_- -- _ N NGE DRIVE -J NSF PG. X41 I RUR Y, I o¢= PROPER DRUR TRUSTEE tRUSf ^ \ ROLAND 1 02 CHAR 8, LES L Y REVOC ABLE 3 DEED BK' 1072, PG. 452 CHARLES L. DRUR657, PG. 597 DEED BK D BK. D EED ¢ � I -j I �, I I woo I I ry 20' UTILITYV ¢o I m \ EASEMENT X5.00 300 SF I I I I J N0B'Ot'47 E K0 '471Y I I LO a M 20 �. > a'° .07 O 2 I Y w F3 y �y N86'54'M L a z G 1500' DRIVE (50 POINT OF BEGINNING — Q SW CORNER OF TRACT — — o � DESCRIBED IN DEED I z o o' A \ BK. 1072, PG. 452 g M A \ I I O M O T E ` U N o ll 4 Q ^ M N Z O N W 2 W� w W N Y MM Z U U < M V M N M - I _ w f v � l Q U W 2 0 0' H ILL � m W = 2 w W 0 < Z Q W � J r; 0 E LU a 0 I r Fn = o LU r Staff: Ryan Shrimplin AICP, City Agenda: Planner 4/7/2014 SUBJECT An Ordinance accepting a Permanent Sanitary Sewer Easement from Charles L. Drury Revocable Trust Dated March 6, 1989, for property located on Percy Drive, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Permanent Sanitary Sewer Easement for aproperty on Percy Drive in connection with a sanitary sewer main extension for Roland Machinery Company. BACKGROUND /DISCUSSION Roland Machinery Company is redeveloping its property at 3364 Percy Drive. The current development does not have sanitary sewer service. The closest public main is located several hundred feet east of the site, so Roland is paying for a main extension, to be stubbed out at the southeast corner of the property. A portion of the main extension will be located on the adjacent property to the east. The adjacent property owner has executed the attached Permanent Sanitary Sewer Easement for acceptance by the City Council. FINANCIAL IMPACT The property owner is donating the easement to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to grant the City a right to access, construct, maintain, repair, and replace public sanitary sewer infrastructure within the easement area. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a Permanent Sanitary Sewer Easement for property on Percy Drive. ATTACHMENTS: Name: Description: ❑ Percy Drive- Drury- Sewer _Ease.doc Drury - Percy Sanitary Sewer Ease Ord ❑ Charles L Drury Rev Trust - PSSE - Map.pdf Charles L Drury Rev Trust - PSSE - Map ❑ Permanent Sanitary Sewer Easement.pdf Charles L Drury Rev Trust - PSSE BILL NO. 14 -37 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SANITARY SEWER EASEMENT FROM CHARLES L. DRURY REVOCABLE TRUST DATED MARCH 6, 1989, FOR PROPERTY LOCATED ON PERCY 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. hereby accepts a Charles L. Drury conveying to the Permanent Sanitary the City of Cape G The City of Cape Girardeau, Missouri, Permanent Sanitary Sewer Easement from Revocable Trust dated March 6, 1989, City of Cape Girardeau, Missouri, a Sewer Easement located on Percy Drive, in irardeau, Missouri, described as follows: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southwest comer of a tract of land described in Deed Book 657 at Page 597 and recorded in the Land Records of Cape Girardeau County, said corner also being a point on the North right of way line of Percy Drive; thence with the West line of said tract, North 06 0 01 1 47" East, 20.07 feet to a point being 20.00 feet north of and normal to the North right of way line of Percy Drive; thence leaving said West line and with a line being 20.00 feet north of, parallel and adjacent to said North right of way line, South 88 0 54'36" East, 45.27 feet; thence South 84 0 00'40" East, 439.00 feet to the East line of said tract; thence with said East line, South 06 0 01'47" West, 20.00 feet to the Southeast comer of said tract, said comer also being a point on the North right of way line of Percy Drive; thence leaving said East line and with the South line of said tract and with said North right of way line, North 84 0 00'40" West, 438.13 feet; thence North 88 0 54'36" West, 46.14 feet to the point of beginning and containing 9,685 square feet, more or less (the "Easement Area "). 1 ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. ii:�X9�hi_ \phi_�99 Z�]1 /�1��1Y:Y��7_ \•ti] ASF[w /_YWYD[.9 O Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk E PERMANENT SANITARY SEWER EASEMENT CHARLES L. DRURY REVOCABLE TRUST DATED MARCH C, 1989 s� x, ff.� 'y J u Approximate Location • of Easement Ail r 3364 ` L F , PERCY -- - — --- --- ''•` i f r �� w 101 Y � Legend a o Roland Machinery N Parcels 4 City of Cape Girardeau Sanitary Sewer Manholes Division of Planning Services w �' Sanitary Sewer Mains �� GIS Data '� December 17, 2013 s :�, DRURY DEVELOPMENT CORPORATION 721 Emerson Road, Suite 200, St. Louis, MO 63141 • Phone: 3141123 -6698 • Fax: 314 -423 -0310 VIA US MAIL AND EMAIL ( rshrimplin (a,cityofcapeLyirardeau.or2) January 3, 2014 Mr. Ryan Shrimplin, AICP City Planner City of Cape Girardeau 401 Independence Street Cape Girardeau, MO 63703 RE: Permanent Sanitary Sewer Easement Dear Ryan: Enclosed is an executed Permanent Sanitary Sewer Easement for the 20 foot sanitary sewer easement off Percy Drive owned by the Charles L. Drury Revocable Trust. Please forward us a file stamped copy after you have had this document recorded. Should you have any questions, please feel free to contact me at (314) 423 -6698 Very truly yours, o ary ate General Co sel LSL /dh Enclosure PERMANENT SANITARY SEWER EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: CHARLES L. DRURY REVOCABLE TRUST DATED MARCH 6, 1989, hereinafter referred to as "Grantor ", in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter referred to as the "City" or "Grantee ", subject to the terms and conditions set forth herein, the right, privilege, permission, and authority (the "Easement ") to enter on and upon the following twenty (20) foot wide strip of land as shown on Exhibit 1 attached hereto, which is solely owned by Grantor and located in the City and County of Cape Girardeau, Missouri, to -wit: THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southwest corner of a tract of land described in Deed Book 657 at Page 597 and recorded in the Land Records of Cape Girardeau County, said corner also being a point on the North right of way line of Percy Drive; thence with the West line of said tract, North 06 °01'47" East, 20.07 feet to a point being 20.00 feet north of and normal to the North right of way line of Percy Drive; thence leaving said West line and with a line being 20.00 feet north of, parallel and adjacent to said North right of way line, South 88 °54'36" East, 45.27 feet; South 84 °00'=10" East, 439.00 feet to the East line of said tract; thence with said East line, South 06 °01'47" West, 20.00 feet to the Southeast corner of said tract, said confer also being a point on the North right of way line of Percy Drive; thence leaving said East line and with the South line of said tract and with said North right of way line, North 84 °00'40" West, 438.13 feet; thence North 88 °54'36" West, 46.14 feet to the point of beginning and containing 9,685 square feet, more or less (the "Easement Area "). Said Easement is granted for the sole purpose of enabling the City, its agents, servants, contractors and assigns to construct, install, and maintain a sanitary sewer line, and all necessary appurtenances thereto under the Easement Area as shown on the plans and specifications for such sewer line on file in and approved by the Office of the City Engineer of the City of Cape Girardeau as of the date below, and for no other purpose. This Easement and the right,'privilege, permission and authority herein granted are perpetual and shall run with the land. In exercising the rights granted herein, Grantee shall promptly repair any damage or disturbance resulting in connection therewith to the same or as good condition as existed immediately prior to Grantee's entry on to the Easement Area, including restoring the ground to grade, seeding and strawing, and replacing pavement as applicable. At all times, Grantee shall maintain worker's compensation insurance for any and all employees entering onto or performing any work within the Easement Area. In addition, Grantee shall require any and all contractors retained by Grantee to perform any work within or to enter upon the Easement Area to maintain worker's compensation insurance and commercial liability insurance in reasonable and customary amounts covering any personal injury and property damage arising in connection with such work. All work performed by or on behalf of Grantee in the Easement Area shall be paid for in full by Grantee, and shall be performed in a good and workmanlike manner, in compliance with all applicable laws. Grantor covenants that it is the owner in fee simple of the Easement Area and has the legal right to convey the easement granted herein. N WITNESS WHEREOF, the undersigned have executed this easement this 9- day of Vyvtra r , 20_!q_. CHARLES L. DRURY REVOCABLE TRUST DATED MARCH 6, 1989 012L 4 - �1 gw tyAl Signature STATE OF MISSOURI ss. Charles L. Drury, Trustee of the Charles L. Drury Revocable Trust Dated March 6, 1989 COUNTY OF ST. LOUIS BE IT REMEMBERED, that on this �kj day of !� 20 , before me, the undersigned notary public, personally appeared Charles L. 16rury, T127stee of the harles L. Drury Revocable Trust Dated March 6, 1989, who, being by me duly sworn, did state that he is the Trustee of the Charles L. Drury Revocable Trust dated March 6, 1989, and that said instrument was signed on behalf of said Trust for the consideration stated herein and no other, and has acknowledged said instrument to be the free act and deed of said Trust. N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. My Commission Expires: z I Notary Public 131AN€ AA.H0MA Notary Public - Notary Seal State of Missouri Commissioned for St Louis County My Commission Expires: August 30, 2017 Commission Number: 13541046 oN�o9 I'll � / m °A � I CM o m z�m� O Nmmo °Z I o� I - A •' � f (,11 V R7 _ Ol •• l -k CA. I I \ 0 Ln I t\ m o y ��\`\\\\ D p N'P n ny V� gym? r ^ '.,rw °_.� =ti° ,A,c vv A �� Z a ° p r - I r- -< Vic° G7 =_•�� m $am °' �5� i$�$ m� �� Im o� F�r*t 59'yc m� c�v °�seA coo 1 1 Z- ff wC \g -— .�ssco8m co c>v F 3z �m d' � en m 2 0, i3 9 I _•�• -• R S i G O D ul c y DR R REV Rc Y AND 1D E ° ° °_ c ' T z f AL zso DEED D 1RUSi A L v p rn o �+ K. 727, PD. 215 ^ cn a d- DEED DK. 415, P0. 63 ` 7 I A v °4i -PN c d0 CN'f L'i I - _•� _ .Zlm a a�-8 m �O -j j, _ — FARRAR DR�0, ROLAND MACHINERY COMPANY 3364 Percy Drive, Cape Girardeau, MO 63701 c / Mr. Raymond E. Rolan 816 N. Dirksen Parkway, Springfield, IL 62702 DATE: 01 -07 -13 EXHIBIT �SANITARY SEWER ESMTSEWER ESMT I FROM DRURY EXHIBIT f ENGINEERING 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335 - 3026 GRAPHIC SCALE 100 o 50 100 � -�-. � ( IN FEET ) 1 inch = 100 ft. m 'd 7 O O ro M. ED m v Staff: Ryan Shrimplin, AICP - City Agenda: Planner 4/7/2014 SUBJECT An Ordinance authorizing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights -of -Way from various property owners, for the West End Boulevard - Linden Street to Jefferson Avenue Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes City staff to acquire temporary construction easements, permanent drainage easements, permanent retaining wall easements, and right -of -way needed for the West End Boulevard - Linden Street to Jefferson Avenue Project. BACKGROUND /DISCUSSION The West End Boulevard - Linden Street to Jefferson Avenue Project was approved by Cape Girardeau voters on August 3, 2010 as part of the fourth Transportation Trust Fund (TTF -4). The project entails the installation of new 6' wide sidewalks along both the east and west sides of West End Boulevard between Linden Street and Jefferson Avenue. In order to proceed with the project, the City must acquire the following: Temporary construction easements from sixteen (16) property owners Permanent drainage easements from three (3) property owners Permanent retaining wall easements from two (2) property owners Right -of -way from two (2) property owners Nineteen (19) total properties, two (2) of which are also part of the Walnut Street Project. FINANCIAL IMPACT Federal and state laws require the City to compensate any property owner who grants an easement, unless they choose to donate it. Funding for the West End Boulevard - Linden Street to Jefferson Avenue Project is from TTF -4. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The installation of new sidewalks along West End Boulevard between Linden Street and Jefferson Avenue will help the City achieve the goals of the Comprehensive Plan as they pertain to creating pedestrian friendly neighborhoods. The new sidewalks along West End Boulevard will complement the new Walnut Street extension and sidewalk improvements and further connect the surrounding community with the Shawnee Park Center and Sports Complex. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of temporary construction easements, permanent drainage easements, permanent retaining wall easements, and right -of -way for the West End Boulevard - Linden Street to Jefferson Avenue Project. ATTACHMENTS: Name: Description: ❑ West End-Linden to Jefferson_ Acguisition_201A.doc West End Acq. Ord ❑ West End Blvd Proied.pdf West End Blvd (Linden to Jefferson) - Map BILL NO. 14 -42 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS, PERMANENT RETAINING WALL EASEMENTS, AND RIGHTS -OF -WAY FROM VARIOUS PROPERTY OWNERS, FOR THE WEST END BOULEVARD - LINDEN STREET TO JEFFERSON AVENUE PROJECT, 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 Staff is authorized and directed to acquire certain property from various property owners needed for Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights -of -Way for the West End Boulevard - Linden Street to Jefferson Avenue Project. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. RIGHT OF WAY TRACT THE BOARD OF TRUSTEES OF THE CAPE GIRARDEAU COUNTY PUBLIC HEALTH CENTER A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 598.28 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 90 52' 21 "; THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG SAID CURVE IN A NORTHEASTERLY AND SOUTHEASTERLY DIRECTION, 34.89 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LINDEN STREET; THENCE N 82 30' 06" W, 22.34 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE S 06 37' 33" W, 22.34 FEET ALONG SAID RIGHT OF WAY LINE, TO THE TRUE POINT BEGINNING, CONTAINING 0.002 ACRES MORE OR LESS. (107.61 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT THE SOCIETY FOR THE PROPAGATION OF FAITH SPRINGFIELD -CAPE GIRARDEAU DIOCESE A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 2 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY line OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 680.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF LINDEN STREET AND THE EASTERLY RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, N 06 37' 33" E, 180.00 FEET TO A POINT ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN DOC. #2010- 05893; THENCE S 82 30' 06" E, 15.00 FEET ALONG SAID SOUTH LINE; THENCE LEAVING SAID SOUTH LINE, S 06 37' 33" W, 180.00 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY OF LINDEN STREET; THENCE N 82 30' 06" W, 15.00 FEET TO THE TRUE POINT BEGINNING, CONTAINING 0.06 ACRES MORE OR LESS. (2,700.00 SQUARE FEET.) RIGHT OF WAY TRACT THE SOCIETY FOR THE PROPAGATION OF FAITH SPRINGFIELD -CAPE GIRARDEAU DIOCESE A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY line OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 680.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY LINE OF LINDEN STREET AND THE EASTERLY RIGHT OF 3 WAY LINE OF WEST END BOULEVARD; THENCE CONTINUING ALONG SAID EASTERLY RIGHT OF WAY LINE, N 06 37' 33" E, 21.67 FEET TO THE POINT OF CUSP WITH A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 89 07' 39" FROM WHICH POINT A RADIAL LINE BEARS S 83 22' 27" E; THENCE LEAVING SAID RIGHT OF WAY LINE AND ALONG SAID CURVE IN A SOUTHWESTERLY AND SOUTHEASTERLY DIRECTION, 34.22 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LINDEN STREET; THENCE N 82 30' 06" W, 21.67 FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE TRUE POINT BEGINNING, CONTAINING 0.002 ACRES MORE OR LESS. (100.24 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT EAST MISSOURI ACTION AGENCY, INC. A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 860.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN DOC. 42010 - 05893; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 06 37' 33" E, 184.15 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT OF LAND; THENCE N 48 57' 54" E, 75.54 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, 4 S 41 02' 06' E, 68.57 FEET; THENCE S 47 52' 29" W, 80.96 FEET; THENCE S 20 37' 06" W, 137.24 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID TRACT OF LAND, THENCE N 82 30' 06" W, 15.00 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT BEGINNING, CONTAINING 0.25 ACRES MORE OR LESS. (10,861.92 SQUARE FEET.) PERMANENT DRAINAGE & RETAINING WALL EASEMENT EAST MISSOURI ACTION AGENCY, INC. A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 860.62 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN DOC. 42010 - 05893; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 06 37' 33" E, 184.15 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT OF LAND; THENCE N 48 57' 54" E, 61.82 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, S 41 02' 06' E, 68.83 FEET; THENCE S 47 52' 29" W, 67.24 FEET; THENCE S 20 37' 06" W, 137.24 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID TRACT OF LAND, THENCE N 82 30' 06" W, 15.00 YET ALONG SAID SOUTH LINE TO THE TRUE POINT BEGINNING, CONTAINING 0.23 ACRES MORE OR LESS. (9,919.64 SQUARE FEET.) 5 TEMPORARY CONSTRUCTION EASEMENT BOB ROBISON et al A PART OF OUTLOTS 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 1,044.77 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT THE INTERSECTION OF THE AFORE SAID RIGHT OF WAY LINE WITH THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN BOOK NO. 260 AT PAGE NO. 199; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 06 37' 33" E, 656.82 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT OF LAND; THENCE S 83 22' 27" E, 167.38 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, S 70 56' 32' W, 23.07 FEET; THENCE N 83 22' 27" W, 101.60 FEET; THENCE S 41 16' 07" W, 35.17 FEET; THENCE S 06 37' 33" W, 393.94 FEET; THENCE S 83 22' 27" E, 15.00 FEET; THENCE S 06 37' 33" W, 20.00 FEET; THENCE N 83 22' 27" W, 15.00 FEET; THENCE S 06 37' 33" W, 124.53 FEET; THENCE S 41 02' 06" E, 35.01 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID TRACT OF LAND, THENCE S 48 57' 54" W, 75.54 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 0.43 ACRES MORE OR LESS. (18,659.28 SQUARE FEET.) 6 PERMANENT DRAINAGE & RETAINING WALL EASEMENT NO. 1 BOB ROBISON et al A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 1,044.77 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, SAID POINT BEING AT THE INTERSECTION OF THE AFORE SAID RIGHT OF WAY LINE WITH THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN BOOK NO. 260 AT PAGE NO. 199; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 06 37' 33" E, 132.99 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, S 83 22' 27" E, 15.00 FEET; THENCE S 06 37' 33" W, 63.03 FEET; THENCE S 41 02' 06" E, 36.04 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT OF LAND; THENCE S 48 57' 54" W, 61.82 FEET ALONG SAID SOUTH LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 0.06 ACRES MORE OR LESS. 2,584.07 SQUARE FEET.) PERMANENT DRAINAGE EASEMENT NO. 2 BOB ROBISON et al A PART OF OUTLOT 52 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 7 COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 1,248.72 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE, N 06 37' 33" E, 20.00 FEET; THENCE LEAVING SAID RIGHT OF WAY LINE, S 83 22' 27" E, 40.00 FEET; THENCE S 06 37' 33" W, 20.00 FEET; THENCE N 83 22' 27" W, 40.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.02 ACRES MORE OR LESS. (800.00 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT STEPHEN QUICK A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 1,986.95 FEET ALONG SAID RIGHT OF WAY LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1245 AT PAGE NO. 738 AND THE TRUE POINT OF BEGINNING, 3 THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 06 30' 08" E, 36.84 FEET; THENCE N 33 11' 08" E, 33.40 FEET: THENCE N 26 01' 40" E, 74.78 FEET; THENCE N 13 41' 45" E, 3.73 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S 83 22' 27" E, 6.15 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 26 01' 40" W, 94.56 FEET; THENCE S 06 30' 08" W, 51.76 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE N 83 22' 27" W, 15.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.03 ACRES MORE OR LESS. (1,211.36 SQUARE FEET) PERMANENT DRAINAGE EASEMENT STEPHEN QUICK A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 1,986.95 FEET ALONG SAID RIGHT OF WAY LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1245 AT PAGE NO. 738: THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 06 30' 08" E, 36.84 FEET; THENCE N 33 11' 08" E, 33.40 FEET; THENCE N 26 01' 40" E, 57.51 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 26 01' 40" E, 17.28 FEET; THENCE N 13 41' 45" E, 3.73 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S 83 22' 27" E, 20.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 06 37' 33" W, 20.00 FEET; THENCE N 83 22' 27" W, 26.20 FEET TO THE TRUE POINT OF 9 BEGINNING, CONTAINING 0.01 ACRES MORE OR LESS. (455.10 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT MISSOURI CONFERENCE ASSOCIATION OF SEVENTH -DAY- ADVFNTTST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE NORTHEAST CORNER OF LOT 1 OF WEST END INDUSTRIAL PARK PHASE ONE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK 16 AT PAGE NO. 69, FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID LOT BEARS S 07 16' 56" W, 210.02 FEET; THENCE N 82 43' 16" W, 390.68 FEET ALONG THE NORTH LINE OF SAID SUBDIVISION TO A POINT ON THE EAST RIGHT OF WAY OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 1,986.95 FEET ALONG SAID RIGHT OF WAY LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1245 AT PAGE NO. 738; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 06 30' 08" E, 36.84 FEET; THENCE N 33 11' 08" E, 33.40 FEET: THENCE N 26 01' 40" E, 74.78 FEET; THENCE N 13 41' 45" E, 3.73 FEET TO THE NORTHWEST CORNER OF SAID TRACT AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 13 41' 45" E, 115.98 FEET; THENCE N 34 42' 53" E, 3.33 FEET TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1362 AT PAGE NO. 416; THENCE S 84 33' 01" E, 4.96 FEET ALONG THE SOUTH LINE OF SAID TRACT; THENCE LEAVING SAID SOUTH LINE, S 13 41' 45" W, 119.04 FEET TO A POINT ON THE NORTH LINE OF THE AFORE SAID TRACT OF LAND RECORDED IN BOOK NO. 1245 AT PAGE NO. 738; THENCE N 83 22' 27" W, 6.15 FEET ALONG SAID NORTH LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 0.02 ACRES MORE OR LESS. (723.99 SQUARE FEET) 10 TEMPORARY CONSTRUCTION EASEMENT ROBERT D. & BARBARA MARTIN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF MISSOURI STATE ROUTE 74 WITH THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD, SAID POINT BEING 140.00 FEET NORTHERLY OF AND NORMAL TO THE CENTERLINE OF ROUTE 74 STATION 136 +30.00, SAID POINT ALSO BEING ON THE WESTERLY LINE OF A TRACT OF LAND AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN BOOK NO. 787 AT PAGE NO. 207; THENCE N 36 45' 18" W, 8.07 FEET ALONG SAID WESTERLY LINE TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 36 45' 18" W, 31.55 FEET; THENCE N 18 16' 39" W, 71.59 FEET; THENCE N 02 38' 30" E, 28.01 FEET; THENCE LEAVING SAID WESTERLY LINE, S 18 16' 39" E, 127.68 FEET TO THE POINT OF BEGINNING, CONTAINING 0.02 ACRES MORE OR LESS. (996.32 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT TRIPLE D RENTALS. LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE WEST 5.00 FEET OF LOT 2 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, CONTAINING 370.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT DUSTIN AND FLORITA RUNNELS A PART OF UNITED STATES TOWNSHIP 30 NORTH, RANGE PRINCIPAL MERIDIAN, CITY PRIVATE SURVEY 2199, 14 EAST, OF THE FIFTH AND COUNTY OF CAPE 11 GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE WEST 5.00 FEET OF LOT 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72,CONTAINING 330.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT R- VISION PROPERTIES, LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A IRON PIPE FOUND AT THE NORTHWEST CORNER OF LOT NO. 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, SAID POINT BEING ON THE WEST LINE OF LOT 3 OF SEABAUGH'S THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 14; THENCE N 07 16' 13" E, 176.99 FEET ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42010 - 09846; THENCE S 83 27' 20" E, 20.00 FEET ALONG THE SOUTH LINE OF SAID TRACT; THENCE LEAVING SAID SOUTH LINE, S 12 57' 02" W, 101.03 FEET; THENCE S 07 16' 13" W, 77.13 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID SEABAUGH'S THIRD SUBDIVISION; THENCE ALONG SAID SOUTH LINE, N 80 19' 15" W, 10.01 FEET TO THE POINT OF BEGINNING, CONTAINING 0.05 ACRES MORE OR LESS. (2,274.71 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT GEORGE W. REUTZEL et al A PART OF OUTLOT 24 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIPE FOUND AT THE NORTHWEST CORNER OF LOT NO. 1 OF CARTER ESTATES 12 AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, SAID POINT BEING ON THE WEST LINE OF LOT 3 OF SEABAUGH'S THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 14; THENCE N 07 16' 13" E, 176.99 FEET ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42010 -09846 AND THE TRUE POINT OF BEGINNING; THENCE N 07 16' 13" E, 99.98 FEET ALONG THE WEST LINE OF SAID TRACT TO A '-" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF SAID TRACT; THENCE S 83 27' 58" E, 10.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 04 40' 01" E, 50.87 FEET; THENCE S 07 16' 13" W, 49.98 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE N 83 27' 20" W, 20.00 ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING, CONTAINING 0.04 ACRES MORE OR LESS. (1,749.55 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT ANDREW HEATH WESTCOTT A PART OF OUTLOT 24 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIPE FOUND AT THE NORTHWEST CORNER OF LOT NO. 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, SAID POINT BEING ON THE WEST LINE OF LOT 3 OF SEABAUGH'S THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 5 AT PAGE NO. 14; THENCE N 07 16' 13" E, 276.97 FEET ALONG THE WEST LINE OF SAID SUBDIVISION TO THE SOUTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42010 -13105 AND THE TRUE POINT OF BEGINNING; THENCE N 07 16' 13" E, 50.00 FEET ALONG THE WEST LINE OF SAID TRACT TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S 83 27' 58" E, 10.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE S 07 16' 13" W, 50.00 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE N 83 27' 58" W, 10.00 FEET ALONG THE SOUTH LINE OF 13 SAID TRACT TO THE POINT OF BEGINNING, CONTAINING 500.00 SQUARE FEET MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT CARL W. & MARY ANN KAGEL A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE WEST 15.00 FEET OF LOT 1 OF SEABAUGH'S FIRST SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 3 AT PAGE NO. 47, CONTAINING 1,800.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT SAMANTHA D. M. CRUZ MARCIAL A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 8.00 FEET OF THE WEST 8.00 FEET OF LOT 6, BLOCK 4 OF LANGLOIS PLACE ADDITIONS AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 39 CONTAINING 64.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT CAPE GARDENS, L.P. A PART OF OUTLOT 24 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN FOUND AT THE NORTHWEST CORNER OF LOT 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID LOT BEARS S 07 16' 13" W, 66.00 FEET; THENCE N 14 82 43' 47" W, 61.74 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WEST END BOULEVARD AND THE TRUE POINT OF BEGINNNING; THENCE S 07 16' 13" W, 136.27 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1382 AT PAGE NO. 918; THENCE N 83 11' 25" W 15.00, FEET ALONG THE SOUTH LINE OF SAID TRACT; THENCE LEAVING SAID SOUTH LINE, N 08 39' 09" E, 17.71 FEET; THENCE N 81 20' 51" W, 10.00 FEET; THENCE N 08 39' 09" E, 52.37 FEET; THENCE S 81 20' 51" E, 10.00 FEET; THENCE N 08 39' 09" E, 300.69 FEET; THENCE N 81 20' 51" W, 8.94 FEET; THENCE N 07 16' 13" E, 43.69 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT; THENCE S 82 49' 50" E, 15.00 FEET ALONG SAID NORTH LINE TO A POINT ON THE WEST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE 07 16' 13" W, 278.20 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 0.12 ACRES MORE OR LESS. (5,083.55 SQUARE FEET) TEMPORARY CONSTRUCTION EASEMENT LUTHER'S MARK L.L.C. A PART OF OUTLOT 24 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN FOUND AT THE NORTHWEST CORNER OF LOT 1 OF CARTER ESTATES AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 20 AT PAGE NO. 72, FROM WHICH POINT THE SOUTHWEST CORNER OF SAID LOT BEARS S 07 16' 13" W, 66.00 FEET; THENCE N 82 43' 47" W, 61.74 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 07 16' 13" E, 278.20 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42009 -0004 AND THE TRUE POINT OF BEGINNNING; THENCE CONTINUING N 07 16' 13" E, 167.89 FEET ALONG SAID RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF SAID TRACT OF LAND; THENCE N 82 43' 47" W, 20.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 07 16' 13" W, 106.56 FEET; THENCE 15 S 82 43' 45" E, 5.00 FEET; THENCE S 07 16' 13" W, 61.36 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE S 82 49' 50 E, 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES MORE OR LESS. (3,051.39 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT REBECCA L. DAVIS ALL OF THE SOUTH 8.00 FEET OF THE EAST 20.00 FEET OF LOT 18, BLOCK 2 OF GLENN PLACE AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 56 CONTAINING 160.00 SQUARE FEET. ARTICLE 2. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of the above - described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the construction of the West End Boulevard - Linden Street to Jefferson Avenue Project, in 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 . 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk 16 WEST END BOULEVARD PROJECT LINDEN STREET TO JEFFERSON AVENUE o' o ZA 1 ' 1 U5 _ z 1� NAPAi =i 1 , ��,,,,�-- ..r: � __ •.� i � � � . RJ R i SHAWNEE BRINK ._ --------------- - - - - -i ----------------------- _- --____ ` _��_.�_. .F -• UJ r co LU CD .1 L 0- ' WAL Easements and ROW for these parcels i _ -'" „�girs ,�- NUT• acquired through Walnut Street Project :: •,- - -. - - -_;�, -;�; . - WALNUT �,��: ��. � i,� .. M LU 1 � , r I 1 ' r/', ' W Locusr Y N •1 ,az,- __z , ~ o 00 - W E - -• 4 • fi r _ 1 1 i ` 1�' , ry City of Cape Girardeau 0 135 270 540 810 1,080 Division of Planning Services Feet March 7, 2014 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 4/7/2014 SUBJECT An Ordinance authorizing the acquisition of Temporary Construction Easements and rights -of -way from various property owners, for the Safe Routes to School - 2011 Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes City staff to acquire temporary construction easements and right -of -way for the Safe Routes to School - 2011 Project. BACKGROUND /DISCUSSION The City of Cape Girardeau received federal funding through the Safe Routes to School Program to install sidewalks along Kingsway Drive. The project entails construction of sidewalks along the north side of Kingsway Drive from Janet Drive to Kurre Lane. A separate project, the Kingsway Sidewalk Project, was approved as part of the City's Capital Improvements Program for the construction of sidewalks along the south side of Kingsway Drive from Storey's Food Giant to Janet Drive. The Safe Routes to School project continues the installation of sidewalks along Kingsway Drive. Temporary construction easements are needed from fifteen (15) property owners on sixteen (16) properties abutting Kingsway Drive where the sidewalk is planned. Right - of -way will need to be acquired from three (3) of the property owners. FINANCIAL IMPACT Federal and state laws require the City to compensate any property owner who grants an easement, unless they choose to donate it. The total value of the easements and right -of -way is estimated at $10,000. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Currently, there are no sidewalks along Kingsway Drive. The Safe Routes to School — 2011 Project will complement the Kingsway Sidewalk Project and help the City achieve the goals of the Comprehensive Plan as they pertain to creating pedestrian friendly neighborhoods. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of temporary construction easements and right -of -way for the Safe Routes to School —2011 Project. ATTACHMENTS: Name: Description: ❑ Safe Routes to School - Kingsway 2014.doc Safe Routes Ordinance ❑ SRTS_Sidewalk Proiect.pdf Safe Routes to School 2011 - Map BILL NO. 14 -43 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS AND RIGHTS -OF- WAY FROM VARIOUS PROPERTY OWNERS FOR THE SAFE ROUTES TO SCHOOL - 2011 PROJECT, 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 Staff is authorized and directed to acquire certain property from various property owners needed for Temporary Construction Easements and Rights -of- Way for the Safe Routes to School - 2011 Project, along the north side of Kingsway Drive, from Janet Drive to Dunne Lane, in the City of Cape Girardeau, Missouri. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. Temporary Construction Easement Description (Michael J. Williams) THAT PART OF LOT 7, BLOCK 2 OF CAMPBELL - WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 11 Begin at a found Iron Rod on the Northwest Corner of Lot 7, Block 2 of Campbell- Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 47 ° 42'16" East, 75.84 feet; thence South 35 ° 23'28" East, 20.60 feet; thence leaving the Northerly Right of Way Line of said Road and along the North Right of Way Line of Janet Drive, North 73 ° 24'32" East, 8.45 feet; thence leaving the North Right of Way Line of said Road, North 35 ° 23'28" West, 24.19 feet; thence North 47 ° 42'16" West, 72.49 feet to a point on the South Line of a Tract of Land described in Document No. 2010 - 10346, as recorded in the Land Records of said County; thence along the South Line of said Tract, South 70 0 04'08" West, 9.04 feet to the point of beginning and containing 0.018 acres, more or less. Temporary Construction Easement Description 41 (Crosnoe Properties, LLC) THAT PART OF LOT 6 AND 7, BLOCK 2 OF CAMPBELL - WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Rod on the Northwest Corner of Lot 7, Block 2 of Campbell- Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 47 0 42'16" West, 110.16 feet to a point on the South Line of a Tract of Land described in Document No. 2010- 10346, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 73 0 24'32" East, 16.35 feet; thence 2 leaving the South Line of said Tract, South 47 0 42'16" East, 96.23 feet; thence South 42 0 17'44" West, 6.00 feet; thence South 47 0 42'16" East, 9.69 feet to a point on the North Line of a Tract of Land described in Document No. 2011- 13803, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 70 0 04'08" West, 9.04 feet to the point of beginning and containing 0.034 acres, more or less. Temporary Construction Easement Description 42 (Crosnoe Properties, LLC) THAT PART OF LOT 2, BLOCK 2 OF CAMPBELL - WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Rod on the Southwest Corner of Lot 2, Block 2 of Campbell- Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 47 0 42'16" West, 6.86 feet; thence North 48 0 58'28" West, 118.09 feet to a point on the South Line of a Tract of Land described in Deed Book 1134 at Page 460, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 73 0 24'32" East, 9.47 feet; thence leaving the South Line of said Tract, South 48 0 58'28" East, 113.11 feet; thence South 47 0 42'16" East, 3.04 feet; thence North 42 0 17'44" East, 6.00 feet; thence South 47 0 42'16" East, 12.36 feet to a point on the North Line of a Tract of Land described in Document No. 2010 - 10346; thence along the North Line of said Tract, South 73 0 24'32" West, 16.35 feet to the point of beginning and containing 0.024 acres, more or less. 3 Temporary Construction Easement Description (Estelle Barron) THAT PART OF LOT 1, BLOCK 2 OF CAMPBELL - WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Pipe on the Southwest Corner of Lot 1, Block 2 of Campbell- Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 48 ° 58'28" West, 88.80 feet to a point on the South Right of Way Line of Leroy Drive; thence along the South Right of Way Line of said Road, North 73 ° 24'32" East, 9.47 feet; thence leaving the South Right of Way Line of said Road, South 48 ° 58'28" East, 88.80 feet to a point on the North Line of a Tract of Land described in Document No. 2010 - 10346, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 73 ° 24'32" West, 9.47 feet to the point of beginning and containing 0.016 acres, more or less. Temporary Construction Easement Description (Thomas E. and Victoria J. Slinkard) THAT PART OF LOT 2, BLOCK 1 OF CAMPBELL - WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 4 Begin at a found Chiseled Cross on the Northwest Corner of Lot 2, Block 1 of Campbell- Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 40 ° 38'28" East, 54.20 feet; thence South 48 ° 58'28" East, 61.30 feet to a point on the North Right of Way Line of Leroy Drive; thence along the North Right of Way Line of said Road, North 73 ° 24'32" East, 23.68 feet; thence leaving the North Right of Way Line of said Road, North 48 ° 58'28" West, 17.70 feet; thence South 41 ° 01'32" West, 5.00 feet; thence North 48 ° 58'28" West, 40.97 feet; thence South 41 ° 01'32" West, 7.00 feet; thence North 48 ° 58'28" West, 14.72 feet; thence North 40 ° 38'28" West, 50.05 feet to a point on the South Line of a Tract of Land described in Document No. 2009- 14674, as recorded in the Land Records of said County; thence along the South Line of said Tract, South 73 ° 24'32" West, 8.76 feet to the point of beginning and containing 0.032 acres, more or less. Temporary Construction Easement Description (Karen E. Penrod) THAT PART OF LOT 1, BLOCK 1 OF CAMPBELL - WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Chiseled Cross on the Southwest Corner of Lot 1, Block 1 of Campbell- Wilkinson's Addition as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 40 ° 38'28" West, 55.00 feet to a point on the South Line of a 5 Tract of Land described in Deed Book 407, Page 518, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 34 ° 25'59" East, 8.28 feet; thence leaving South Line of said Tract, South 40 0 38'28" East, 60.70 feet to a point on the North Line of a Tract of Land described in Document No. 2008- 08476, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 73 0 24'32" West, 8.76 feet to the point of beginning and containing 0.011 acres, more or less. Temporary Construction Easement Description (James Lee & Sharon Marie Essner) THAT PART OF LOT 14 OF BON DOZA SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 50, AND THAT PART OF LOT 1, BLOCK 1 OF CAMPBELL - WILKINSON'S ADDITION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY & COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southwest Corner of Lot 14 of Bon Doza Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 50 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 38 0 23'48" West, 54.70 feet; to a point on the South Line of a Tract of Land described in Document No. 2007- 07929, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 53 0 03'01 "East, 8.00 feet; thence leaving the South Line of said Tract, South 38 0 23'48" East, 54.34 feet; thence South 40 0 38'28" East, 28.91 feet to a point on the North Line of a Tract of Land described in Document No. 2009 - 14674, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 34 0 25'59" West, 8.28 feet to a point on the Northerly Right of Way Line of Kingsway Drive; thence along the 6 Northerly Right of Way Line of said Road, North 40 ° 38'28" West, 31.20 feet to the point of beginning and containing 0.016 acres, more or less. Temporary Construction Easement Description (Estes Family Revocable Trust dated May 4, 2007) THAT PART OF LOT 14 OF BON DOZA SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 50, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Rod on the Northwest Corner of Lot 14 of Bon Doza Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 50 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 38 ° 23'48" East, 66.50 feet to a point on the North Line of a Tract of Land described in Deed Book 407, Page 518, as recorded in the Land Records of said County; thence along the North Line of said Tract, North 53 ° 03'01" East, 8.00 feet; thence leaving the North Line of said Tract, North 38 ° 23'48" West, 68.82 feet to a point on the East Right of Way line of Grandview Drive; thence along the East Right of Way Line of said Road, South 36 ° 46'48" West, 8.28 feet to the point of beginning and containing 0.012 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. Temporary Construction Easement Description (Kay E. Davidson) THE EAST PART OF LOT 1 OF KURRE HEIGHTS SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 33, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 7 Begin at the Southwest Corner of Lot 1 of Dunce Heights Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 33 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 36 ° 53'59" West, 87.70 feet to a point on the South Line of a Tract of Land described in Document No. 2003 - 10340, as recorded in the Land Records of said County; thence along the South Line of said Tract, North 37 ° 41'09" East, 21.56 feet; thence leaving the South Line of said Tract, South 49 ° 25'22" East, 10.24 feet; thence South 53 ° 06'01" West, 8.00 feet; thence South 36 ° 53'59" East, 79.04 feet to a point on the West Right of Way Line of Grandview Drive; thence along the West Right of Way Line of said Road, South 36 ° 46'48" West, 15.63 feet to the point of beginning and containing 0.032 acres, more or less. Temporary Construction Easement Description (Robbie H. Eastman) THE WEST PART OF LOT 1 OF KURRE HEIGHTS SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 33, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southeast Corner of Lot 2 of Riverside Meadows Subdivision as shown by plat thereof recorded in Plat Book 6 at Page 47 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 29 0 59'19" East, 10.00 feet; thence South 29 0 04'58" West, 4.00 feet; thence South 36 0 53'59" East, 60.00 feet to a point on the North Line of a Tract of Land described in Document No. 2008- 12667, as recorded in the Land Records of said County; thence along the North Line of said 8 Tract, North 37 0 41'09" East, 21.56 feet; thence leaving the North Line of said Tract, North 49 0 25'22" West, 41.26 feet; thence North 29 0 50'23" West, 29.04 feet to a point on the South Line of a Tract of Land described in Deed Book 1110, Page 192, as recorded in the Land Records of said County; thence along the South Line of said Tract, South 35 0 52'51" West, 11.04 feet to the point of beginning and containing 0.024 acres, more or less. Temporary Construction Easement Description (Carolyn J. Westrich Revocable Trust dated March 30, 2001) THAT PART OF LOTS 1 AND 2, BLOCK 1 OF RIVERSIDE MEADOWS SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 6 AT PAGE 47, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Southeast Corner of Lot 1 of Riverside Meadows Subdivision as shown by plat thereof recorded in Plat Book 6 at Page 47 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 29 0 59'19" West, 150.73 feet to a point on the East Right of Way Line of East Riverside Drive; thence along East Right of Way Line of said Road, North 29 0 07'14" East, 18.04 feet; thence leaving East Right of Way Line of said Road, South 29 0 50'23" East, 37.30 feet; thence South 60 0 09'37" West, 5.00 feet; thence South 29 0 50'23" East, 118.19 feet to a point on the North Line of a Tract of Land described in Document No. 2003- 10340, as recorded in the Land Records of said County; thence along the North Line of said Tract, South 35 0 52'51" West, 11.04 feet to the point of beginning and containing 0.040 acres, more or less. 9 Temporary Construction Easement Description (Jeremiah Watson & Kellev A. Reves Watson) THAT PART OF LOTS 1 AND 2, BLOCK 2 OF RIVERSIDE MEADOWS SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 6 AT PAGE 47, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at a found Iron Rod on the Southwest Corner of Lot 1, Block 2 of Riverside Meadows Subdivision as shown by plat thereof recorded in Plat Book 6 at Page 47 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, South 29 ° 59'19" East, 160.10 feet to a point on the West Right of Way Line of East Riverside Drive; thence along the West Right of Way Line of East Riverside Drive, North 29 ° 07'14" East, 15.16 feet; thence leaving West Right of Way Line of said Road, North 29 0 59'19" West, 11.97 feet; thence South 60 0 00'41" West, 5.00 feet; thence North 29 0 59'19" West, 140.35 feet; thence North 30 0 17'00" West, 4.77 feet to a point on the South Line of a Tract of Land described in Deed Book 1140, Page 481, as recorded in the Land Records of said County; thence along South Line of said Tract, South 29 0 07'14" West, 9.31 feet to the point of beginning and containing 0.031 acres, more or less. Temporary Construction Easement Description (Richard L. Thompson & Merinda D. Edmonds) THAT PART OF LOT 12, BLOCK 2 OF RIVERSIDE MEADOWS SECOND SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 7 AT PAGE 9, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 10 Begin a found Iron Rod at the Southwest Corner of Lot 12, Block 2 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 30 ° 17'00" West, 159.44 feet to a point on the East Right of Way Line of Kingsbury Drive; thence along the East Right of Way Line of said Road, North 24 ° 16'05" East, 9.83 feet; thence leaving East Right of Way Line of said Road, South 30 ° 17'00" East, 160.41 feet to a point on the North Line of a Tract of Land described in Document No. 2010- 06478, as recorded in the Land Records of said County; thence along North Line of said Tract, South 29 ° 07'14" West, 9.31 feet to the point of beginning and containing 0.029 acres, more or less. Temporary Construction Easement Description (Gary W. Otte & Cheryl L. Otte) THAT PART OF LOT 9, BLOCK 4 OF RIVERSIDE MEADOWS SECOND SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 7 AT PAGE 9, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point being on the Northerly Right of Way Line of Kingsway Drive, said point also being on the East Line of a Tract of Land described in Document No. 2007 - 14315, as recorded in the Land Records of said County; thence along the East Line of said Tract, North 22 ° 17'50" East, 12.24 feet to the point of beginning; thence continue along East Line of said Tract, North 22 0 17 1 50" East, 9.33 feet; thence leaving East Line of said Tract, South NMI 36 0 44'48" East, 11.19 feet; thence South 36 0 10'36" East, 149.56 feet to a point on the West Right of Way Line of Kingsbury Drive; thence along the West Right of Way Line of said Road, South 24 0 16'05" West, 9.20 feet; thence leaving West Right of Way Line of said Road, North 36 0 10'36" West, 154.05 feet, thence North 36 0 44'48" West, 6.35 feet to the point of beginning and containing 0.029 acres, more or less. Right -of -Way Description (Gary W. Otte & Cheryl L. Otte THAT PART OF LOT 9, BLOCK 4 OF RIVERSIDE MEADOWS SECOND SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 7 AT PAGE 9, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road South 36 0 10'36" East, 159.95 feet to a point on the West Right of Way Line of Kingsbury Drive; thence along the West Right of Way Line of said Road, North 24 0 16'05" East, 12.07 feet; thence leaving West Right of Way Line of said Road, North 36 0 10'36" West, 154.05 feet; thence North 36 0 44'48" West, 6.35 feet to a point on the East Line of a Tract of Land described in Document No. 2007 - 14315, as recorded in the Land Records of said County; thence along the East Line of said Tract, South 22 0 17'50" West, 12.24 feet to the point of beginning and containing 0.038 acres, more or less. Temporary Construction Easement Description (David West & Yvette M. West) 12 THAT PART OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point being on the Northerly Right of Way Line of Kingsway Drive, said point also being on the West Line of a Tract of Land described in Deed Book 481, Page 188, as recorded in the Land Records of said County; thence along the West Line of said Tract, North 22 ° 17'50" East, 12.24 feet to the point of beginning; thence continue along West Line of said Tract, North 22 ° 17'50" East, 9.33 feet; thence leaving West Line of said Tract, North 36 ° 44'48" West, 116.51 feet to a point on the East Line of a Tract of Land described in Document No. 2012- 09702, as recorded in the Land Records of said County; thence along East Line of said Tract, South 22 ° 15'56" West, 9.33 feet; thence leaving East Line of said Tract, South 36 ° 44'48" East, 116.51 feet to the point of beginning and containing 0.021 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. Right -of -Way Description (David West & Yvette M. West) THAT PART OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 36 ° 44'48" West, 116.50 feet to a point on the East Line of a Tract of Land described in 13 Document No. 2012- 09702, as recorded in the Land Records of said County; thence along East Line of said Tract, North 22 ° 15'56" East, 12.25 feet; thence leaving East Line of said Tract, South 36 ° 44'48" East, 116.51 feet to a point on the West Line of a Tract of Land described in Deed Book 481, Page 188, as recorded in the Land Records of said County; thence along the West Line of said Tract, South 22 ° 17'50" West, 12.24 feet to the point of beginning and containing 0.028 acres, more or less. Temporary Construction Easement Description (Sherry D. Inman Revocable Trust dated July 12, 2012) THAT PART OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 36 ° 44'48" West, 116.50 feet to a point on the West Line of a Tract of Land described in Document No. 2007 - 14315, as recorded in the Land Records of said County; thence along the West Line of said Tract, North 22 ° 15'56" East, 12.25 feet to the point of beginning; thence continue along the West Line of said Tract, North 22 ° 15'56" East, 10.57 feet; thence leaving the West Line of said Tract, North 57 ° 41'16" West, 105.09 feet to a point on the East Right of Way Line of Dunce Lane; thence along the East Right of Way Line of said Road, South 23 ° 29'12" West, 8.10 feet; thence leaving East Right of Way Line of said Road, South 57 0 41'16" East, 99.39 feet; thence South 36 0 44'48" East, 6.74 feet to the point of beginning and containing 0.020 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. 14 Right -of -Way Description (Sherry D. Inman Revocable Trust dated July 12 2012) THAT PART OF SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Westernmost Corner of Lot 9, Block 4 of Riverside Meadows Second Subdivision as shown by plat thereof recorded in Plat Book 7 at Page 9 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Northerly Right of Way Line of Kingsway Drive; thence along the Northerly Right of Way Line of said Road, North 36 ° 44'48" West, 116.50 feet to a point on the West Line of a Tract of Land described in Document No. 2007 - 14315, as recorded in the Land Records of said County, said point also being point of beginning; thence along West Line of said Tract, North 22 ° 15'56" East, 12.25 feet; thence leaving West Line of said Tract, North 36 ° 44'48" West, 6.74 feet; thence North 57 ° 41'16" West, 99.39 feet to a point on the East Right of Way Line of Dunce Lane; thence along the East Right of Way Line of said Road, South 23 ° 29'12" West, 45.03 feet to a point on the South Line of a Tract of Land described in Document No. 2012- 09702, as recorded in the Land Records of said County; thence leaving the East Right of Way Line of said Road and along the South Line of said Tract, along the arc of a non - tangent curve to the Southeast, being concave to the Southwest, having a radius of 263.64 feet, a distance of 107.56 feet (the chord of said arc bears South 56 ° 03'47" East, 106.81 feet); thence leaving South Line of said Tract and along the East Line of said Tract, North 22 ° 15'56" East, 33.57 feet to the point of beginning and containing 0.103 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. ARTICLE 2. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of 15 the above - described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the construction of the Safe Routes to School - 2011 Project, along the north side of Kingsway Drive, from Janet Drive to Dunce Lane, in 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 . 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk 16 SAFE ROUTES TO SCHOOL - 2011 .JANET DRIVE TO KURRE LANE City of Cape Girardeau 0 65 130 260 390 520 Division of Planning Services Feet March 4, 2014 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 4/7/2014 SUBJECT An Ordinance authorizing the acquisition of a Temporary Construction Easement and Right -of -Way for the Kingsway Sidewalk Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes City staff to acquire an additional temporary construction easement and right -of -way needed for the Kingsway Sidewalk Project (Storey's Food Giant to Janet Drive). BACKGROUND /DISCUSSION On June 17, 2013, the City Council passed an ordinance authorizing City staff to acquire temporary construction easements and right -of -way for the Kingsway Sidewalk Project, which entails the installation of sidewalk from Storey's Food Giant to Janet Drive. Changes to the engineering plans require the acquisition of an additional temporary construction easement and right -of -way on one property, which was not included in the original acquisition ordinance. The attached ordinance has been prepared to authorize staff to proceed with the additional acquisitions. FINANCIAL IMPACT Federal and state laws require the City to compensate any property owner who grants an easement, unless they choose to donate it. The total value of the easement and right -of -way is estimated at $500. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Currently, there are no sidewalks along Kingsway Drive. The Kingsway Sidewalk Project will help the City achieve the goals of the Comprehensive Plan as they pertain to creating pedestrian friendly neighborhoods. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of a temporary construction easement and right -of -way for the Kingsway Sidewalk Project. ATTACHMENTS: Name: Description: ❑ Kingsway Sidewalk_2014.doc Kingsway Sidewalk Ord ❑ Kingsway Sidewalk Pro act (Pnest).pdf Kngsway Sidewalk Project Additional - Map BILL NO. 14 -44 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT AND RIGHT -OF -WAY FOR THE KINGSWAY SIDEWALK PROJECT, 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 Staff is authorized and directed to acquire certain property from Kristel D. Priest Living Trust dated September 15, 2009, or current owner(s), needed for a Temporary Construction Easement and Right -of -Way for the Kingsway Sidewalk Project, from Storey's Food Giant to Janet Drive, in the City of Cape Girardeau, Missouri. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owner(s) of the properties based on values provided by professional appraisers; to negotiate with the owner(s) of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. Temporary Construction Easement Description (Kristel D. Priest Living Trust dated September 15, 2009) THAT PART OF LOT 1, BLOCK 3 OF CAMPBELL AND WILKINSON'S SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: 11 Commence at the Northwest Corner of said Lot 1, Block 3 of Campbell and Wilkinson's Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Easterly Right of Way Line of Kingsway Drive; thence along said Easterly Right of Way Line of said Road, South 35 ° 23'28" East, 29.20 feet to the point of beginning; thence leaving the Easterly Right of Way Line of said Road, North 75 ° 09'07" East, 5.00 feet; thence North 14 ° 50'53" West, 16.21 feet; thence North 07 ° 26'11" East, 12.68 feet to a point on the South Right of Way Line of Janet Drive; thence along the South Right of Way Line of said Road, South 73 ° 24'32" West, 5.47 feet; thence leaving South Right of Way Line of said Road, South 07 0 26'11" West, 11.44 feet; thence South 14 0 50'53" East, 17.20 feet to the point of beginning and containing 0.003 acres, more or less, subject to any easement or right of way of record, as shown on accompanying plat. Right -of -Way Description (Kristel D. Priest Living Trust dated September 15, 2009) THAT PART OF LOT 1, BLOCK 3 OF CAMPBELL AND WILKINSON'S SUBDIVISION AS SHOWN BY PLAT RECORDED IN PLAT BOOK 5 AT PAGE 39, ALSO BEING IN UNITED STATES PRIVATE SURVEY NUMBER 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Northwest Corner of said Lot 1, Block 3 of Campbell and Wilkinson's Subdivision as shown by plat thereof recorded in Plat Book 5 at Page 39 of the Land Records of Cape Girardeau County, Missouri, said point also being on the Easterly Right of Way Line of Kingsway Drive; thence along said Easterly Right of Way Line of said Road, South 35 0 23'28" East, 29.20 feet; thence North 14 0 50'53" West, 17.20 feet; thence North 07 0 26'11" East, 11.44 feet to a point on the South Right of Way Line of Janet Drive; 2 thence along the South Right of Way Line of said Road, South 73 ° 24'32" West, 14.59 feet to the point of beginning and containing 0.004 acres, more or less. ARTICLE 2. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of the above - described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the construction of a sidewalk from Storey's Food Giant to Janet Drive, along Kingsway Drive, in 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk 3 KINGSWAY SIDEWALK PROJECT (PRIEST) STOREYS FOOD GIANT TO JANET DRIVE k .+rte. ,f' • y # ♦ � • ,• �' rt r^ `��. � .\ � 'f .�. ' =.�' 4 i • :1 � rte• t 1. M N �+ '.• W W E ,er: ► ' ''.` �� /�• Source: Esri, DigitalGlobe, GeoEye, i- cubed, USDA, USES, AEX, Getmapping Aerognd, IGN, IGP, RXA M opo, and the GIS User Community City of Cape Girardeau 0 40 80 160 240 320 Division of Planning Services Feet March 7, 2014 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 4/7/2014 SUBJECT An Ordinance authorizing the acquisition of Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Right -of -Way for the Walnut Street Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes City staff to acquire temporary construction easements, permanent drainage easements, permanent retaining wall easements, and right -of -way needed for the Walnut Street Project (West End Boulevard to Sprigg Street). BACKGROUND /DISCUSSION The Walnut Street Project was approved by Cape Girardeau voters on August 3, 2010 as part of the fourth Transportation Trust Fund (TTF -4). The project entails extending Walnut Street from Beaudean Lane to West End Boulevard. Sidewalk improvements along Walnut Street, from Sprigg Street to West End Boulevard, are also included. The centerline and right -of -way plan for the Walnut Street extension was approved by the City Council on May 15, 2006. In order to proceed with the project, the City must acquire the following: Temporary construction easements from twenty -three (23) property owners Permanent drainage easements from two (2) property owners Permanent retaining wall easements from two (2) property owners Right -of -way from three (3) property owners Twenty -three (23) total properties /property owners FINANCIAL IMPACT Federal and state laws require the City to compensate any property owner who grants an easement, unless they choose to donate it. Funding for the Walnut Street Project is from TTF -4. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The Walnut Street Project will provide an additional access point for the surrounding neighborhoods, establish a connection to Shawnee Park, and help the City achieve the goals of the Comprehensive Plan as they pertain to creating pedestrian friendly neighborhoods. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of temporary construction easements, permanent drainage easements, permanent retaining wall easements and right -of -way for the Walnut Street Project. ATTACHMENTS: Name: ❑ Walnut Street Proiect.pdf ❑ Walnut Street Acquisition 2014.doc Description: Walnut Street Project - Map Walnut St Project Aquisition Ord WALNUT STREET PROJECT WEST END BOULEVARD TO SPRIGG STREET City of Cape Girardeau 0 135 270 540 810 1,080 Division of Planning Services Feet March 7. 2014 BILL NO. 14 -45 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF TEMPORARY CONSTRUCTION EASEMENTS, PERMANENT DRAINAGE EASEMENTS, PERMANENT RETAINING WALL EASEMENTS, AND RIGHTS -OF -WAY FROM VARIOUS PROPERTY OWNERS FOR THE WALNUT STREET PROJECT, 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 Staff is authorized and directed to acquire certain property from various property owners needed for Temporary Construction Easements, Permanent Drainage Easements, Permanent Retaining Wall Easements, and Rights -of -Way for the Walnut Street Project from West End Boulevard to Sprigg Street. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. TEMPORARY CONSTRUCTION EASEMENT PAUL C. MARTIN REVOCABLE INTER VIVOS TRUST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 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 �" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY 1 RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A 1 -" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A 1 -" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 199.11 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 83 33' 35" W, 269.68 FEET; THENCE LEAVING SAID SOUTH LINE, S 50 26' 07" W, 37.33 FEET; THENCE N 63 19' 52" W, 77.66 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT OF LAND; THENCE N 83 33' 35" W, 65.00 FEET ALONG SAID SOUTH LINE TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE S 06 37' 33" W, 150.60 FEET ALONG RIGHT OF WAY LINE TO A POINT ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN BOOK NO. 1135 AT PAGE N0. 194; THENCE S 83 22' 27" E, 167.38 FEET ALONG SAID SOUTH LINE; THENCE LEAVING SAID SOUTH LINE N 70 56' 32" E, 98.51 FEET; THENCE N 62 07' 35" E, 157.40 FEET; THENCE S 83 33' 35" E, 47.65 FEET; THENCE N 06 26' 25" E, 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 1.03 ACRES MORE OR LESS. 44,765.25 SQUARE FEET.) 2 PERMENANT DRAINAGE EASEMENT PAUL C. MARTIN REVOCABLE INTER VIVOS TRUST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 199.11 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 83 33' 35" W, 47.65 FEET; THENCE LEAVING SAID SOUTH LINE, S 06 26' 25" W, 20.00 FEET; THENCE S 83 33' 35" E, 47.65 FEET; THENCE N 06 26' 25" E, 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 0.02 ACRES MORE OR LESS. (952.93 SQUARE FEET.) 3 PERMENANT RETAINING WALL EASEMENT PAUL C. MARTIN REVOCABLE INTER VIVOS TRUST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 617.58 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 83 33' 35" W, 15.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE, S 06 37' 33" W, 21.77 FEET; THENCE S 83 22' 27" E, 15.00 FEET; THENCE N 06 37' 33" E, 21.82 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01 ACRES MORE OR LESS. (326.92 SQUARE FEET.) 4 RIGHT OF WAY TRACT NO. 1 PAUL C. MARTIN REVOCABLE INTER VIVOS TRUST A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 294.40 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 83 33' 35" W, 115.75 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 370.00 FEET AND A CENTRAL ANGLE OF 31 42' 02" FROM WHICH POINT A RADIAL LINE BEARS N 25 04' 29" W; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION, 204.71 FEET; THENCE N 83 22' 27" W, 6.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 90 00' 00 "; THENCE ALONG SAID CURVE IN A NORTHWESTERLY AND NORTHEASTERLY 5 DIRECTION, 34.56 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE S 06 37' 33" W, 104.00 FEET ALONG SAID RIGHT OF WAY LINE TO THE POINT OF CUSP WITH A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 90 00' 00" FROM WHICH POINT A RADIAL LINE BEARS S 83 22' 27" E; THENCE ALONG SAID CURVE IN A NORTHEASTERLY AND SOUTHEASTERLY DIRECTION, 34.56 FEET; THENCE S 83 22' 27" E, 6.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 430.00 FEET AND A CENTRAL ANGLE OF 34 35' 38 "; THENCE ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION, 259.62 FEET TO THE BEGINNING OF A REVERS CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 07 21' 22" FROM WHICH POINT A RADIAL LINE BEARS S 27 0 58'05" E; THENCE ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION, 77.03 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.41 ACRES MORE OR LESS. (18,032.87 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT NO. 1 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST 6 RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 90.23 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 83 33' 35" W, 378.56 FEET; THENCE LEAVING SAID SOUTH LINE, N 45 00' 00" E, 23.53 FEET; THENCE N 67 11' 24" E, 131.48 FEET; THENCE N 43 29 04" E, 61.02 FEET; THENCE S 80 26' 06" E, 17.62 FEET; THENCE S 61 21' 58" E, 29.25 FEET; THENCE N 85 23' 49" E, 101.66 FEET; THENCE N 44 07' 39" E, 70.92 FEET; THENCE S 76 00' 25" E, 25.96 FEET; THENCE S 13 59' 14" E, 40.84 FEET; THENCE S 86 17' 06" E, 76.40 FEET TO A POINT ON THE EAST LINE OF THE AFORE SAID TRACT OF LAND; THENCE S 07 47' 11" W, 87.57 FEET ALONG SAID EAST LINE; THENCE LEAVING SAID EAST LINE, N 87 55' 17" W, 76.83 FEET; THENCE S 23 53' 53" W, 49.56 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 1.09 ACRES MORE OR LESS. (47,353.01 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT NO. 2 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE 7 SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 617.58 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 83 33' 35" W, 15.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE N 06 37' 33" E, 134.75 FEET ALONG SAID RIGHT OF WAY LINE TO A POINT ON THE NORTH LINE OF THE AFORE SAID TRACT OF LAND; THENCE S 83 22' 27" E, 15.00 FEET ALONG SAID NORTH LINE; THENCE LEAVING SAID NORTH LINE, S 06 37' 33" W, 37.92 FEET; THENCE S 38 48' 11" E, 57.13 FEET; THENCE S 06 37' 33" W, 36.66 FEET; THENCE N 83 22' 27" W, 40.70 FEET; THENCE S 06 37' 33" W, 20.03 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.10 ACRES MORE OR LESS. (4328.61 SQUARE FEET.) PERMANENT DRAINAGE EASEMENT NO. 1 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION 3 AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 90.23 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINEN 83 33' 35" W, 64.95 FEET; THENCE LEAVING SAID SOUTH LINE, N 17 54' 42" W, 49.92 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 09 36' 27 ", FROM WHICH POINT A RADIAL LINE BEARS S 08 27' 22" E; THENCE ALONG SAID CURVE IN A NORTHEASTERLY DIRECTION, 100.61 FEET; THENCE S O1 09' 05" W, 15.88 FEET; THENCE S 23 53' 53" W, 49.56 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.11 ACRES MORE OR LESS. (4,773.17 SQUARE FEET.) PERMANENT DRAINAGE EASEMENT NO. 2 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 9 COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE N 07 47' 11" E, 75.00 FEET ALONG SAID EAST LINE; THENCE LEAVING SAID EAST LINE, N 86 17' 06" W, 76.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 02 03' 15" W, 13.36 FEET TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 07 12' 47" FROM WHICH POINT A RADIAL LINE BEARS S 02 03' 15" W; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION, 83.09 FEET; THENCE N 05 09' 32" W, 10.65 FEET; THENCE N 44 07' 39" E, 53.79 FEET; THENCE N 89 00' 00" E, 38.46 FEET; THENCE S 13 59' 14" E, 35.33 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.07 ACRES MORE OR LESS. (3,129.80 SQUARE FEET.) PERMANENT DRAINAGE EASEMENT NO. 3 MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 10 COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 199.11 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 83 33' 35" W, 47.65 FEET; THENCE LEAVING SAID SOUTH LINE, N 24 52' 31" W, 113.70 FEET; THENCE N 09 49' 02" E, 25.00 FEET; THENCE S 80 10' 59" E, 20.00 FEET; THENCE S 09 49' 02" W, 18.75 FEET; THENCE S 24 52' 31" E, 113.54 FEET; THENCE S 72 49' 05" E, 27.89 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. (2,833.82 SQUARE FEET.) PERMANENT RETAINING WALL EASEMENT MICKEY C. AND WANDA L. HORN A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 11 COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE S 07 47' 11" W, 65.71 FEET ALONG SAID EAST LINE TO A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF SAID TRACT; THENCE N 83 33' 35" W, 617.58 FEET ALONG THE SOUTH LINE OF SAID TRACT TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTH LINE, N 83 33' 35" W, 15.00 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF WEST END BOULEVARD; THENCE ALONG SAID RIGHT OF WAY LINE, N 06 37' 33" E, 134.75 FEET TO A '-" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK NO. 486 AT PAGE NO. 583; THENCE S 83 22' 27" E, 15.00 FEET ALONG THE NORTH LINE OF SAID TRACT; THENCE LEAVING SAID NORTH LINE, S 06 37' 33" W, 61.05 FEET; THENCE S 79 40' 53" E, 17.99 FEET; THENCE S 39 50' 47" E, 23.41 FEET; THENCE S 10 18' 51" W, 36.41 FEET; THENCE N 83 22' 27" W, 32.58 FEET; THENCE S 06 37' 33" W, 20.03 FEET TO THE POINT OF BEGINNING; CONTAINING 0.08 ACRES MORE OR LESS. (3,683.83 SQUARE FEET.) RIGHT OF WAY MICKEY C. AND WANDA L. HORN 12 A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE N 07 47' 11" E, 60.02 FEET ALONG SAID EAST LINE; THENCE N 83 40' 13" W, 25.74 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 34 17' 52 "; THENCE ALONG SAID CURVE IN A NORTHWESTERLY AND SOUTHWESTERLY DIRECTION, 395.08 FEET TO THE BEGINNING OF A REVERS CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 370.00 FEET AND A CENTRAL ANGLE OF 02 53' 36" FROM WHICH POINT A RADIAL LINE BEARS N 27 58' 05" W; THENCE ALONG SAID CURVE IN A SOUTHWESTERLY DIRECTION, 18.68 FEET TO A POINT ON THE SOUTH LINE OF THE AFORE SAID TRACT OF LAND; THENCE S 83 33' 35" E, 115.75 FEET ALONG SAID SOUTH LINE TO THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 600.00 FEET AND A CENTRAL ANGLE OF 26 56' 30" FROM WHICH 13 POINT A RADIAL LINE BEARS S 20 36' 43" E; THENCE ALONG SAID CURVE IN A NORTHEASTERLY AND SOUTHEASTERLY DIRECTION, 282.13 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 0.52 ACRES MORE OR LESS. (22,471.84 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT SECOND MISSIONARY BAPTIST CHURCH OF CAPE GIRARDEAU A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199,TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINE, N 38 40' 13" W, 7.47 FEET; THENCE N 83 40' 13" W, 447.67 FFET; THENCE N 81 48' 52" W, 203.48 FEET TO A POINT ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK NO. 486 AT PAGE NO. 583; THENCE ALONG SAID EAST LINE N 07 47' 11" E, 87.57 FEET; THENCE S 81 04' 20" E, 109.74 FEET; THENCE N 86 17' 38" E, 40.71 FEET; THENCE S 70 04' 18" E, 30.17 FEET; THENCE S 83 40' 13" E, 71.18 FEET; THENCE N 88 53' 38" E, 102.92 FEET; THENCE N 72 14 40' 32" E, 29.11 FEET; THENCE S 83 40' 13" E, 45.80 FEET; THENCE S 48 55' 53" E, 43.87 FEET; THENCE S 83 40' 13" E, 98.15 FEET; THENCE N 06 19' 47" E, 38.70 FEET TO A POINT ON THE SOUTH LINE OF A TRACT OF LAND AS RECORDED IN DOCUMENT 42005 - 03511; THENCE ALONG SAID SOUTH LINE S 83 22' 27" E, 94.67 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 42.96 FEET ALONG SAID RIGHT OF WAY LINE TO THE TRUE POINT OF BEGINNING, CONTAINING 1.49 ACRES MORE OR LESS. 64,705.87 SQUARE FEET.) RIGHT OF WAY TRACT SECOND MISSIONARY BAPTIST CHURCH OF CAPE GIRARDEAU A PART OF OUTLOT 45 IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A '-" IRON PIN (FOUND) AT THE SOUTHEAST CORNER OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16 FROM WHICH POINT A '-" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 2 AT PAGE NO. 51 BEARS, S 83 40' 13" E, 221.38 FEET; THENCE ALONG THE SOUTH LINE OF LARING SUBDIVISION AND IT'S PROLONGATION N 83 40' 13" W, 229.96 FEET TO THE TRUE POINT OF BEGINNING, SAID POINT BEING ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 89.69 FEET ALONG SAID WEST RIGHT OF WAY LINE; THENCE LEAVING SAID RIGHT OF WAY LINEN 38 40' 13" W, 34.56 FEET; THENCE N 83 40' 13" W, 631.57 FEET TO A POINT BEING ON THE EAST LINE OF A TRACT OF LAND AS RECORDED IN BOOK 486 AT PAGE NO. 583; THENCE N 07 47' 11" E, 60.02 FEET ALONG SAID EAST LINE; THENCE LEAVING SAID EAST LINE, S 83 40' 13" E, 630.04 FEET; THENCE N 51 19' 47" E, 15 34.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF BEAUDEAN LANE; THENCE S 06 07' 15" W, 18.79 FEET ALONG SAID RIGHT OF WAY TO THE TRUE POINT OF BEGINNING, CONTAINING 0.92 ACRES MORE OR LESS. 39,890.20 SQUARE FEET.) TEMPORARY CONSTRUCTION EASEMENT DANNY STRATTON A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF LOTS 4 AND 5, BLOCK 12 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 420.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT TRAVIS L. AND PATRICIA S. YANCEY A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF LOTS 1, 2 AND 3, BLOCK 12 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 630.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT IVAN D. BRAGG A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 16 ALL OF THE NORTH 10.00 FEET OF THE WEST 75 FEET OF LOT 14, BLOCK 11 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT CASSANDRA STEWART A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF THE EAST 75 FEET OF LOT 14, BLOCK 11 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 375.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT ROBERT A. CORD A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 10.00 FEET OF LOT 1, BLOCK 11 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 1,500.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT FLOYD PENNY A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 17 ALL OF THE WEST 115.00 FEET OF THE NORTH 10.00 FEET OF LOT 14, BLOCK 10 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 1,150.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT STEVEN S. & DANA L. WREN A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF THE WEST 50.00 FEET OF LOT 1, BLOCK 10 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 250.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT STINNETT RENTAL PROPERTIES, INC. A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF LOT 14, BLOCK 9 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT WALTER WHITE A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 18 ALL OF THE NORTH 5.00 FEET OF THE EAST 100.00 FEET OF LOT 1, BLOCK 10 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 500.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT DON GANIM INVESTMENTS, LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE NORTH 5.00 FEET OF LOT 1, BLOCK 9 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT APG LIMITED, LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF LOT 8 OF LARING SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 9 AT PAGE NO. 16, HEREBY CONTAINING 525.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT MIRJANA DIETIKER A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 19 ALL OF THE SOUTH 10.00 FEET OF THE WEST 45.00 FEET OF LOT 8, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 450.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT JERRY LOMAX A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF THE EAST 75.00 FEET LOT 8, BLOCK 6 OF GIBONEY HOUGH THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 375.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT HAZEL LEE SMITH & BRENDA A. SCOTT A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 10.00 FEET OF THE WEST 10.00 FEET OF LOT 7, BLOCK 6 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 100.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT JOHN Q. & GAYLA A. DACE A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 20 ALL OF THE WEST 125.00 FEET OF THE SOUTH 4.00 FEET OF LOT 8, BLOCK 7 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 500.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT MELESIO & KIMBERLY LANE ESPINOZA A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF LOT 7, BLOCK 7 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT OTTO M. & ROBIN M. GOEHMAN A PART OF IN UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF THE WEST 100.00 FEET OF LOT 8, BLOCK 8 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 500.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT COALTER & FELTY INVESTMENTS, LLC A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 21 ALL OF THE SOUTH 5.00 FEET OF THE EAST 50.00 FEET OF LOT 8, BLOCK 8 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 250.00 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT RAY R. & TANA M. GREEN A PART OF UNITED STATES PRIVATE SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE SOUTH 5.00 FEET OF LOT 7, BLOCK 8 OF GIBONEY HOUCK THIRD SUBDIVISION AS RECORDED IN THE LAND RECORDS OF THE COUNTY RECORDERS OFFICE IN PLAT BOOK NO. 2 AT PAGE NO. 51, HEREBY CONTAINING 750.00 SQUARE FEET. ARTICLE 2. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of the above - described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the construction of the Walnut Street Project, from West End Boulevard to Sprigg Street, in 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 2014. Harry E. Rediger, Mayor ATTEST: 22 Gayle L. Conrad City Clerk 23 Staff: Casey Brunke, City Engineer Agenda: 4/7/2014 SUBJECT Resolution authorizing the City Manager to enter into a contract with Apex Paving Company for the 2014 Asphalt Overlay Program EXECUTIVE SUMMARY The locations for the work to be performed under these contract documents are Second Street from Main Street to Big Bend Road; Third Street from Main Street to Big Bend Road; Fourth Street from Main Street to Big Bend Road; Johnson Street from Rand Street to Big Ben Road; Mill Street from Fountain Street to Middle Street; Brucher Street from Wayne Street to Bertling Avenue including Mary Ann; Adeline Avenue from East Rodney to West Rodney; Vista Lane from Hawthorne Road to West Rodney; Chrysler Avenue from East Rodney to West Rodney; Lear Drive from Hawthorne Road to West Rodney; Alley between Pacific and Ellis from Broadway to Bellevue and a portion of the Lot at 2807 Perryville Road. The locations are in various areas of the City. The improvements consist of resurfacing the existing pavement by milling approximately 2 inches off the existing pavement where needed and placing and compacting 2 inches of new hot mix asphalt on the above mentioned streets- locations; removal and replacement of portions of sidewalk, curb, gutter, alleys and driveways; adjustments to existing manholes, inlets and utility castings as noted for each location as described in the contract documents. The work at 2897 Perryville is to be performed during the period of time between the completion of the Meadowbrook Water Tank project and the end of the contract period, or as approved by the City. 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. The streets and alleys portion of this project will be funded through Transportation Trust Fund IV. The portion of the parking lot at 2897 Perryville is being funded by the Enterprise Water Fund. The work has been designed by the City's Engineering Division staff and the call for bids was publicly advertised. On March 28, 2014, three (3) bids were received; the high was $ 332,905.26 and $ 309,574.55 was the low bid. All three bids were below the Engineer's Estimate of $ 426,109.35. All work will be done within the existing right -of -way or easements. FINANCIAL IMPACT The construction contract is to be issued to the low bidder, Apex Paving Company, for the bid amount of $ 309,574.55. Funding for the streets and alley work is being provided by the Transportation Trust Fund Phase IV. The pavement of the portion of the lot at 2807 Perryville is being funded by the Enterprise Water Fund as a result of an agreement with the property owner in acquiring an easement for the Meadowbrook Water Tank proj ect. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The City is responsible for the routine maintenance of existing City streets and public alleys. This requires that funding is allotted for the cost of this maintenance work in the City's annual budget. The three previous TTF programs have provided better street surfaces and paved alleys. This contract will continue these upgrades with the monies set aside in the TTFIV program. STAFF RECOMMENDATION Staff recommends Council pass and approve a resolution authorizing the City Manager to enter into a contract with Apex Paving Company in the amount of $ 309,574.55 for the 2014 Asphalt Overlay Program. PUBLIC OUTREACH Presentations were made to the public and to civic organizations prior to each election to continue the Transportation Trust Fund Sales Tax. Part of the TTF money is designated for the repair and rejuvenation of existing streets, curbs, gutters and sidewalks. ATTACHMENTS Name: Description: ❑ Resolution- 2014AsphaltOverlay.APEX.doc Asphalt Overlay Program 2014 Res ❑ Scanned Bid Tab.pdf Bid Tab ❑ Scanned Agreemt Apex for Cl Rpt.pdf Agreement ❑ 2014_AOP_Overview Map.pdf Map BILL NO. 14 -46 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY FOR THE 2014 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 Apex Paving Company, for the 2014 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 DAY OF 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. 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Y � N a O t9 t9 t9 t9 to M to O br O M• eY W N V3 N W ca E Q C 3 O O O N 7 N O (0 O O O O O O N N N O M N N O O O O O O O O O O 0 0 t0 O O O V V N 0 S K L" Z U 0 N O n 6 0 p O d W N N a V er w (n (n (n (n » (» 1n (» ea (n » ur w O O O O N (O O O w w w V O O O w H O N O V M M W O (0 O W O O 5+1.. J F O (0 N (0 N (V a ih N (O (O V M m M V N f0 O O w O M O m r O_ W M OJ (� y O O O O of p. N :(O. M (9 E9 (9 E9 fR di f9 (9 fA fR (9 (A (A (9 19 N O O (0 (O O) 0) ro O 00 M N (0 O O W a N �0 M l0 N N b O O U Z� N o W N V N ap O m O O O � U z 0 d 16 N W � m fA fA fA f9 b3 f9 V/3 fA f9 NT 43 if3 (A f9 iR jp N O }rF O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 16 N N � Z K Q m d F 0 U J x S x 00 F¢ 6 Z In O O O J J (J (n U) w w Q Q Q OJ N w w w a O N N d v CL CL a v u m o c 0 U ¢ a U A K j p .O-� d w U O O W E U U m w w �' U 0 N (� O. U U a N N V N ( Z' Z` w C C ¢ W w a N C _Y �c > > E .- E d E a E E E < a N o m o — m v w? a `o U a m ¢ ¢ U (7 m¢ m m 5 i— ¢ ¢ w 0 N M V h 0 W a CITY OF CAPE GIRARDEAU 2014 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 2014 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and Apex Paving Company (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 locations for the work to be performed under these Contract Documents are Second Street from Main Street to Big Bend Road; Third Street from Main Street to Big Bend Road; Fourth Street from Main Street to Big Bend Road; Johnson Street from Rand Street to Big Bend Road; Mill Street from Fountain Street to Middle Street; Brucher Street from Wayne Street to Bertling Avenue (including MaryAnn); Adeline Avenue from East Rodneyto West Rodney; Vista Lane from Hawthorne Road to West Rodney; Chrysler Avenue from East Rodney to West Rodney; Lear Drive from Hawthorne Road to West Rodney; Alley between Pacific and Ellis from Broadway to Bellevue; and a portion of the Lot at 2807 Perryville. The improvements consist of resurfacing the existing pavement by milling approximately 2 inches off the existing pavement where needed and placing and compacting 2 inches of new hot mix asphalt on the above mentioned streets; removal and replacement of portions of sidewalk, curb, gutter, alleys, and driveways; adjustments to existing manholes, inlets, and utility castings as noted for each location, all as described in the contract documents. The work at 2807 Perryville is to be performed during the period of time between the completion of the Meadowbrook Water Tank project and the end of the contract period, or as approved by the City. 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. A -1 Article 3. CONTRACT TIMES. 3.1 Regardless of when the work is begun on this contract, all work shall be completed and ready for final payment on or before October 1, 2014 . 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 Two thousand five hundred dollars $2500.00 for each calendar day that expires after the time specified in paragraph 3.1 until the Work is complete and the CONTRACTOR is ready for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: Three Hundred Nine Thousand, Five Hundred Seventy -Four Dollars and Fifty -five Cents ($ 309,574.55) 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 MOW 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, as agreed to by the OWNER and CONTRACTOR, 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 Final 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 ". A -3 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. IM1 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). 8.2 Exhibits to this Agreement (pages BF- 1 to BF- 8 , 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 SC -1 to SC -5 , inclusive). 8.7 Specifications bearing the title 2014 Asphalt Overlay Program . 8.8 Drawings. 8.9 Addenda numbers 0 to 0 , 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. A -5 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. 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 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. r_QI 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). 2014 (which is the OWNER City of Cape Girardeau CONTRACTOR Apex Paving Company Scott Meyer City Manager 0 [CORPORATE SEAL] Attest in [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. Address for giving notices License No. Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) A -7 EXHIBIT-BA" CITY OF CAPE GIRARDEAU 2014 ASPHALT OVERLAY PROGRAM BID FORM (EJCDC 1910 -18) (1990) PROJECT IDENTIFICATION. The locations forthe work to be performed under these Contract Documents are Second Street from Main Street to Big Bend Road, Third Street from Main Street to Big Bend Road, Fourth Street from Main Street to Big Bend Road, Johnson Street from Rand Street to Big Bend Road, Mill Street from Fountain Street to Middle Street, Brucher Street from Wayne Street to Bertling Avenue (including Mary Ann); Adeline Avenue from East Rodney to West Rodney, Vista Lane from Hawthorne Road to West Rodney; Chrysler Avenue from East Rodney to West Rodney, Lear Drive from Hawthorne Road to West Rodney, Alley between Pacific and Ellis from Broadway to Bellevue, and a portion of the Lot at 2807 Perryville. The improvements consist of resurfacing the existing pavement by milling approximately 2 inches off the existing pavement where needed and placing and compacting 2 inches of new hotmix asphalt on the above mentioned streets; removal and replacement of portions of sidewalk, curb, gutter, alleys, and driveways; adjustments to existing manholes, inlets, and utility castings as noted for each location, all as described in the contract documents. The work at 2807 Perryville is to be performed during the period of time between the completion of the Meadowbrook Water Tank project and the end of the contract period, or as approved by the City. The streets are located in various arras within the City of Cape Girardeau, Missouri. 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 enterinto an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified orindicated 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 orinvitation 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. BF -1 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 byAddendum 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 fumishing 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 fumishing 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 orrelating 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 Contract Documents and maynot 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 orindicated 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 conceming conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or fumishing 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 forperformance and fumishing 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. (0 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. BF -2 I (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 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. Any questions, comments, or concems regarding the design of this project should be addressed to Jake Garrard, EL, 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 gro up asso cia tion, organiz a tion or corp ora tion; B IDDER h as 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 foritself any advantage over any other Bidder orover 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) hourcourse in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA') orsimilarprogram approved bythe 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 UNIT PRICE BID NO ITEM UNIT EST. UNIT PRICE TOTAL EST. QTY. PRICE 1 Pavement Removal SY 10 p $ �J, $ 2 Butt Joint and Spot SY 586 $ 15 Milling 3 Type 5Aggregate Ton 210 $ ' . $ 82fl_ 4 Liquid Asphalt (Tack Gallon 2365 Coat) 5 Asphaltic Concrete Ton 2648 $ - I $ 2 1 14- . (2" Thick BP -2J 6 Asphaltic Concrete Ton 65 $ ( . ` $ 5 �U -� (4° Thick BP -2) 7 Concrete Patch SY 515 8 Remove and Replace LF 800 $ ! - 1 , $ `S. Curb and Gutter 9 Remove and Replace Concrete Alleys SY 138 $ b5 271 - 46 and $ Driveways 10 Remove and Replace SY 506 $ I � ZS $ 2(j,�2. S6 PCC Sidewalks 11 Install Single Curb Ramp with Truncated Each 16 $ , OU $ L bo, Domes 12 Adjust Manhole Each 27 13 Adjust Valve Box Each 5 $ 50 , OD $. 2!50 • 00 14 Temporary Traffic LS 1 $ $ Control 15 Temporary Erosion LS 1 $ -1 � . $ 2-,l � , � Control TOTAL BID FOR ALL UNIT PRICES $ Zb A . �5 INtZFE ll1�JQF1� gwE Lk HUWZZ? S(- "ELK- - 5M SOUL LUAJ)i,g ALL k It rq rive c s. (Written figure) L- =I (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govem. 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 payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be complete and ready for final payment by October 1. 2014 BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the time 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. govlfiles/nativedocuments/MOU.pdf (fJ 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 cx—cl k \ a- D3 C't CQ k Address F0 L')ox WE I l' il, lsrt��F oS4Z (a) Performance and Payment Bonding Company BF -5 I W. I"M Address AgentlPower of Attorney Name (if used) Address 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 20 State Contractor License No. IF BIDDER is: An Individual By doing business as Business address: (Individual's Name) Phone No.: A Partnership By (Firm Name) (General Partner) Business address: Phone No.: I i By r, h0l Business address: i 616,5''t- Phone No.: Date of Qualification to do business is 81 lr 1 A Joint Venture By (SEAL) (Name) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturermust sign. The mannerof signing foreach individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above) BF -7 BREAKDOWN OF WORK FORCE (Required): The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: It It is anticipated that the following subcontractors will be employed for work on this project: *SUBCONTRACTORS: (Name of Company) (Type of Work) *All subcontractors shall be registered with the Missouri Secretary of State in order to work on this project. BF -8 I THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, THAT WE Apex Paving Company P.O. Box 880 , Cape Girardeau, MO 63702 as Principal, hereinafter called the Principal, and Liberty Mutual Insurance Company 8044 Montgomery Road , Cincinnati, OH 45236 a corporation duly organized under the laws of the State of Massachusetts as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau, 401 Independence, Cape Girardeau, MO 63703 as Obligee, hereinafter called the Obligee, in the sum of _Five Percent of Total Bid Dollars ($ 57 of Total Bid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for 2014 Asphal Overlay Program Cape Girardeau, Missouri NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in. good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 28th day of March ' 2614 / Apex Paving Company Smith, A99 ' / �rnuvrpaq heap JZ4. .' er, As)stL.rSecretar r DOCUMENT A310 • BID BOND • ale FE BRUARY 1970 E97644IErAMERIC INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 , f3 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON, MASSACHUSETTS POWER OFATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company, pursuant to and by authority of the By -law and Authorization hereinafter set forth, does hereby name, constitute and appoint JEANNETTE PORRINI, STACY RIVERA, DANIELLE M. BECHARD, ALL OF THE CITY OF HARTFORD, STATE OF CONNECTICUT ................................................................ ............................... , each individually if there be more than one named, its true and lawful attorney -in -fad to make, execute, seal, acknowledge and deliver, for and on Its behalf as surety and as Its ad and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ONE HUNDRED MILLION AND 00/ 100»»»«*' "« » » » ' » » »«««« » « ». « « « " « « » : DOLLARS ($ 100 ,000,000.00 » " « « » »'«" » » » " » "') each, and the - execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By -law and Authorization: ARTICLE All - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys -In -fact, as may be necessary to act In behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys- in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys -in -fact: Pursuant to Article A II, Section 5 of the By -Laws, David M. Carey, Assistant Secretary of Liberty Mutual Insurance Company, Is hereby authorized to appoint such attorneys -In -fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. -- That the By -law and the Authorization set forth above are true copies thereof and are now in full force and effect. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this day of 20 th day of May �.wen LIBERTY MUTUAL INSURANCE COMPANY pnkx'F A By COMMONWEALTH OF PENNSYLVANIA as COUNTY OF MONTGOMERY David M. Carey, AVsistant Secretary On this 20 th day of - May 2011 , before me, a Notary Public, personally came David M. Carev to me known, and acknowledged that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WHER ,.! P rt o subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above. written. �,Q, Q � otaw � {{ Noladw snd Teresa Pas kb h'otury y Publb OF P c6u tymauM Twp., 64ortgomary GOUnry iay Comm�sioa Exules Mar. 28, 2013 By ®'P Member, PanmyNarda AssocL::icn rf Nmznea Teresa Pastella, Notary Public CERTIFICATE I, the undersigned, Assis arty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy, I [, _ a and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys -in -fact as provided in Article XIII, Section 5 of the By -laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company, in donnectlon with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed J , ^ I TESTI ONY WHEREO N ve hereunto subscribed rrn�'hame' and affixed the corporate seat of the said company, this y of FvJiSeg i » V - % Gregory W. Davenport, Assistant Secretary n iuu,e H to c C �O O� dW EE 00. Q M O� 3M oE m ,= o w A w O C �d 'v O� 0 o d wM CM p a? f 10 r f► ` Assets LIBERTY MUTUAL INSURANCE COMPANY FINANCIAL STATEMENT — DECEMBER 31, 2010 Cash and Bank Deposits .......... ........... ............... $ 795,278,733 *Bands —U.S Government.... ..._ .................. ......... 928,976,332 *Other Bonds ... ............................. ................... .... .._ 12,269,586,768 *Stocks ............... .....„............._ ....................._......... 8,410,330,089 Real Estate .............................. ............................... 280,897,925 Agents' Balances or Uncollected P „. 2,97I,477,549 Accrued Interest and Rents ...... ......._..................... 156,129,412 Other Admitted Assets 10,888,871,535 Total Admitted Assetr ......_.._...._..,,, ....... „„. fi.70154R.343 Liabilities Unearned Premiums ..... .... ................... ................... $3,502,531,059 Reserve for Claims and Claims Expense .................15,450,806,243 Funds Held Under Reinsurance Treaties.._ ............. 1,764,193,716 Reserve for Dividends to Policyholders .................. 4,776,435 Additional Statutory Reserve ................................ Reserve for Commissions, Taxes and Other Liabilities ................................. _............. 2.126.508.564 • TotaL .._,._..,_._ ........ . ...... „, .,..,,.,.,„„_...$22,938,257,314 Special Surplus Funds ................. $1,218,426,655 Capital Stock ........ .......... ..... I....... 10,000,000 Paid in Surplus .......... .................. 7,731,965,815 Unassigned Surplus ...... .............. 4,802,898,559 Surplus to Policyholders . „„„. „ „..... „.....„ „_. 13,763,291.029 Total Liabilities and Surplus .„„ ..... _. ..„ .......... _ P3fi.767.548.3d:� * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the state of Massachusetts Department oflnsurance. I, TIM MKOLAJEWSKL Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 20I0, to the best ofmy knowledge and belie£ IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 29th day of March, 201I. Assistant Secretary S- 1262LMIGa2/11 E MIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name) u M 0 as (Office 14 5t of (Company Name /Contractor) �u U l d and first being duly sworn, on R , my oath, affirm as follows: 1. (Company Name /Contractor is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to (Project Name) -a bl� A 4A J L f4 w, Q( 7 for the duration of the contract in accordance with RSMo Chapter 285.530(2). O dry 2. .I also affirm that (CompmyName /Contractor) �� )� r ), ��l J does not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Project Name) " � Pr QAM6Z _h lid kb for the duration of the contract t 3. Attached hereto is documentation a .ffittning Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFIANI' SArIH NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) M ` g yinq fi carp (nacre off>ccer of corpora ' ) 1YloF,�( E STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this � g day of I ii, C L • 20A before me appeared + I� � �+ to na erso known, w o, being by me duly sworn, did say that he /she is the 1 • . 5 (8 tl of a- Missouri Corporation, and that the seal affixed to the forego instrument is a seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year fast above written. Notary bublic vmoeiu(LUM NOTMP BUDIXY Nr ML My Comm R co Commission Expires: CrEa ° AMWmry W 0MWissbs WJRW F8WARY M ane cgovssnsxuaaEanm7su I Ve ri fy .— �� 1111111 s n Company ID Number: 188332 THE E- VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Apex (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E- Verify). This MOU explains certain features of the E- Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E- Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1 -9). For covered government contractors, E- Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E- Verify program is found in Title IV, Subtitfe A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104 -208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E- Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification ", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor') to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational . problems that may arise during the Employer's participation in the E- Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E- Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E- Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E- Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Pagel of 131E -Verity MOU for EmployerlRevision Date 10129(08 ','�a' ,CFt`a?.a - f!F - �'.P' nL CCU � E verify. -VERI Y 5 A NtC+ P OM1S Company ID Number: 188332 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E- Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E- Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E- Verify process. 3. DHS agrees to provide to the Employer a manual (the E- Verify User Manual) containing instructions on E- Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E- Verify. DHS agrees to provide training materials on E- Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E- Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration - Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E- Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 of 131E -Verify MOU for EmployerlRevision Date 10/29/08 AkF, Company ID Number: 188332 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. , 3. The Employer agrees to become familiar with and comply with the most recent version of the E- Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(8)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888 -464 -4218. • If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. Page 3 of 131E -Verify MOU for EmployerlRevision Date 10!29108 A 4 . IIII�c =N � `- = M1I Y AS IIa Company ID Number: 188332 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E- Verify. , 3. The Employer agrees to become familiar with and comply with the most recent version of the E- Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E- Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E- Verify program as a condition of continued use of E- Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1 -9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(8)) can be presented during the Form 1 -9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E- Verify at 888 -464 -4218. • If an employee presents a DHS Form 1 -551 (Permanent Resident Card) or Form 1 -766 (Employment Authorization Document) to complete the Form 1 -9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1 -9. The employer will use the photocopy to verify the photo and to assist DHS with its review of photo non - matches that are contested by employees. Note that employees retain the right to present any List A, or List B and List C, documentation to complete the Form 1 -9. DHS may in the future designate other documents that activate the photo screening tool. Page 3 of 131E -Verify MOU for EmployerlRevision Date 10!29108 ' � - ' i �f S SE v �L c1 S �� r `+m � 'M.n0 ® - Vp0..FYi- ,1 SB VSIC_ F p 45 Company ID Number: 188332 6. The Employer understands that participation in E- Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1 -9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2746 of the INA with respect to Form 1 -9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E- Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E- Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure.to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E- Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1 -9 compliance inspections during the course of E- Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E- Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1 -9 have been completed), and to complete as many (but only as many) steps of the E- Verify process as are necessary according to the E- Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1 -9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1 -9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E- Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E- Verify procedures for pre - employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E- Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article ILD, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The.Employer understands that if the Employer uses E- Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Page 4 of 131E- Verify MOU for EmployerlR =vision Date 10129/08 Ot � � CEPIFY IS A SZPVIC? 9 pna' Company ID Number: 188332 adverse action against employees if they choose to contest the finding. Further, when employees contest a tentative nonconfirmation based upon a photo non - match, the Employer is required to take affirmative steps (see Article 111.6, below) to contact DHS with information necessary to resolve the challenge. 10. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo non - match, does not establish, and should not be interpreted as evidence, that the employee is not work authorized. In any of the cases listed above, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, refusing to assign the employee to a Federal contract or other assignment, or otherwise subjecting an employee to any assumption that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo non -match or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E- Verify at 1- 888 - 464 -4218 or OSC at 1 -800- 255 -8155 or 1- 800 - 237 -2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E- Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration - related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 2748 of the INA or Title VII may also lead to the termination of its participation in E- Verify. If the Employer has any questions relating to the anti - discrimination provision, it should contact OSC at 1 -800- 255 -8155 or 1- 800 - 237 -2515 (TDD). 12. The Employer agrees to record the case verification number on the employee's Form 1 -9 or to print the screen containing the case verification number and attach it to the employee's Form 1 -9. 13: The Employer agrees that it will use the information it receives from SSA or DHS pursuant to E- Verify and this MOU only to confirm the employment eligibility of employees as Page 5 of 13JE -Verify MOU for EmployerlRevision Date 10/29108 _ , _ NC.R .. _ v to a seav _ � oxs Company ID Number: 188332 authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords) to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 14. The Employer acknowledges that the information which it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)), and that any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 15. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E- Verify, including by permitting DHS and SSA, upon reasonable notice, to review Forms 1 -9 and other employment records and to interview it and its employees regarding the Employer's use of E- Verify, and to respond in a timely and accurate manner to DHS requests for information relating to their participation in E- Verify. D. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. The Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801) in addition to verifying the employment eligibility of all other employees required to be verified under the FAR. Once an employee has been verified through E- Verify by the Employer, the Employer may not reverify the employee through E- Verify. . a. Federal contractors not enrolled at the time of contract award: An Employer that is not enrolled in E- Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E- Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to use E- Verify to initiate verification of employment eligibility of new hires of the Employer who are working in the United States, whether or not assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within 3 business days after the date of hire. Once enrolled in E- Verify as a Federal contractor, the Employer must initiate verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. b. Federal contractors already enrolled at the time of a contract award: Employers enrolled in E- Verify as a Federal contractor for 90 days or more at the time of a contract award must use E- Verify to initiate verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire. If the Employer is enrolled in E- Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E- Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within 3 business days after the date of hire. An Employer enrolled as a Federal contractor in E- Verify must initiate verification of each employee assigned to the Page 6 of 13JE -Verify MOU for EmployerlRevision Date 10/29/08 - Ver il y A sN llllll�` U Ra = t Y 25 A SZRYtC_ ' 'JXS Company ID Number: 188332 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. C. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and /or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E- Verify verification of all existing employees within 180 days after the election. e. Form 1 -9 procedures for Federal contractors: The Employer may use a previously completed Form I -9 as the basis for initiating E- Verify verification of an employee assigned to a contract as long as that Form 1 -9 is complete (including the SSN), complies with Article II.C.5, the employee's work authorization has not expired, and the Employer has reviewed the information reflected in the Form 1 -9 either in person or in communications with the employee to ensure that the employee's stated basis in section 1 of the Form 1 -9 for work authorization has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). If the Employer is unable to determine that the Form 1 -9 complies with Article II.C.5, if the employee's basis for work authorization as attested in section 1 has expired or changed, or if the Form 1 -9 contains no SSN or is otherwise incomplete, the Employer shall complete a new 1 -9 consistent with Article II.C.5, or update the previous 1 -9 to provide the necessary information. If section 1 of the Form 1 -9 is otherwise valid and up -to- date and the form otherwise complies with Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1 -551) that expired subsequent to completion of the Form 1 -9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.C.5, subject to any additional or superseding instructions that may be provided on this subject in the E- Verify User Manual. Nothing in this section shall be construed to require a second verification using E- Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU, or to authorize verification of any existing employee by any Employer that is not a Federal contractor. 2. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. Page or 13JE -Verify MOU for EmployerlRevision Date 10 /29/08 I R� aro s q'4 �g -Verify Company ID Number: 188332 ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. The Employer will refer employees to SSA field offices only as directed by the automated system based on a tentative nonconfirmation, and only after the Employer records the case verification number, reviews the input to detect any transaction errors, and determines that the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security Number to SSA for verification again if this review indicates a need to do so. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible after the Employer receives it. 3. If the employee contests an SSA tentative nonconfirmation, the Employer will provide the employee with a system - generated referral letter and instruct the employee to visit an SSA office within 8 Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 4. The Employer agrees not to ask the employee to obtain a printout from the Social Security Number database (the Numident) or other written verification of the Social Security Number from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must print the tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an employee who provides a document for which the automated system has transmitted a photo, the employer must print the photo non - match tentative nonconfirmation notice as directed by the automated system and provide it to the employee so that the employee may determine whether he or she will contest the finding. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation received from DHS automated verification process or when the Employer issues a tentative nonconfirmation based upon a photo non - match. The Employer will determine whether the employee contests the tentative nonconfirmation as soon as possible Page 8 of 13JE -Verify MOD for EmployeriRevison Date 10/29108 „ ' 1111111 4� N,nOe° ?- JCPSFY I F SElvi� ® 1 Company ID Number: 188332 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll -free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E- Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non - match, the Employer will send a copy of the employee's Form 1 -551 or Form 1 -766 to DHS for review by: • Scanning and uploading the document, • Sending a photocopy of the document for by DHS). or by an express mail account (furnished and paid 7. The Employer understands that if it cannot determine whether there is a photo match /non- match, the Employer is required to forward the employee's documentation to DHS by scanning and uploading, or by sending the document as described in the preceding paragraph, and resolving the case as specified by the Immigration Services Verifier at DHS who will determine the photo match or non - match. ARTICLE IV SERVICE PROVISIONS SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E- Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E- Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E- Verify program by DHS or SSA, including but not limited to the E- Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E- Verify through the use of mandatory refresher tutorials and updates to the E- Verify User Manual. Even without changes to E- Verify, DHS reserves the right to require employers to take Page 9 or 131E -Verify MOU for EmployerlRevision Date 10/29/08 1 : 2' Is .4 SEIIP[C- 9E CHs Company ID Number: 188332 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E- Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E- Verify program, will remain bound by the terms of this MOU that apply to non - Federal contractor participants, and will be required to use the E- Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E- Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E- Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E- Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 10 of 131E -Verify MOU for EmployerjRevision Date 10/29/08 + r ! "" Company ID Number: 188332 To be accepted as a participant in E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify at 888 - 464 -4218. Employer Apex DetbtR0- in son Name (Please Type r Print) Electronically Signed O2/O6/2OO9 Signature Date Deportment.ot HRmetertd Sec -rity — Verification Division USGIS Venfiiia Dtaasion Name - .(Please Type orPririt) -- Title lectrani lly Slpned 02106/2009 Date Page 11 of 13JE- Verify MOU for Employer[Revision Date 18/29/08 AiSTO r Company ID Number: 188332 To be accepted as a participant in E- Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E- Verify at 888 - 464 -4218. Employer Apex DetbtR0- in son Name (Please Type r Print) Electronically Signed O2/O6/2OO9 Signature Date Deportment.ot HRmetertd Sec -rity — Verification Division USGIS Venfiiia Dtaasion Name - .(Please Type orPririt) -- Title lectrani lly Slpned 02106/2009 Date Page 11 of 13JE- Verify MOU for Employer[Revision Date 18/29/08 ?f Company ID Number: 188332 Information Required for the E-Verify Program Information relating to your Company: Company Name: Company Facility Address: 114 S. Silver Springs Rd Cape Girardeau, MO 63701 Company Alternate Address: County or Parish: CAPE GIRARD! Emp4oYef Identification Number: 43117450 kortfi;Ameilcah. Industry C1001 Ica lonrSy terns Code: 237 Parent Company: Detla Companies Inc Number of Employees: 26, to 99 Number of Sites Verified for: 26 Are yooverifying for more than I site-? It yes, Phase provide the number of sites Verified for in eacti State: 0 MISSOURI 26 site(s) Page 12 of 131E -Verify MQU for EmployerlRevision Date 10129108 IM AV - verily. Company ID Number: 188332 information relating to the Program Administrator(s) for your Company on policy queStiGns or Name: Debbi Robinson Telephone Number. (51,01) 334 - 5261 ext. 346 Fax Number: (573) 332 •9931 E-MEWAX00bgss: i didnift I W c os.ca, M Page 13 of 13JE-Verify MOD for EmployerlRevision Date 10129/08 ANNUAL WORKER ELIGIBILITY VERIFICATION AFFIDAVIT (for joint ventures, a separate affidavit is required for each business entity) STATE OF Missouri ) ) ss COUNTYOF Cape Girarde On the 27 tday of January , M 4 , before me appeared Kelly Schaefer Affiant name personally known to me or proved to me on the basis of satisfactory evidence to be a person whose name is subscribed to this affidavit, who being by me duly swom, stated as follows: • I, the Affiant, am of sound mind, capable of making this affidavit, and personally certify the facts herein stated, as required by Section 285.530, RSMo, to enter into any contract agreement with the state to perform any job, task, employment, labor, personal services, or any other activity for which compensation is provided, expected, or due, including but not limited to all activities conducted by business entities. • I, the Affiant, am the Asst. Secretaofy Apex Paving Co. and I am duly T e um sess name authorized, directed, and/or empowered to act officially and properly on behalf of this business entity. • 1, the Affiant, hereby affirm and warrant that the aforementioned business entity is enrolled in a federal work authorization program operated by the United States Department of Homeland Security, and the aforementioned business entity shall participate in said program to verify the employment eligibility of newly hired employees working in connection with any services contracted by the Missouri Highways and Transportation Commission (MHTC). I have attached documentation to this affidavit to evidence enrollment/participation by the aforementioned business entity in a federal work authorization program, as required by Section 285.530, RSMo. • I, the Affiant, also hereby affirm and warrant that the aforementioned business entity does not and shall not knowingly employ, in connection with any services contracted by MHTC, any alien who does not have the legal right or authorization under federal law to work in the United States, as defined in 8 U.S.C. § 1324a(h)(3). • I, the Affiant, am aware and recognize that, unless certain contract and affidavit conditions are satisfied pursuant to Section 285.530, RSMo, the aforementioned business entity may be held liable under Sections 285.525 though 285.550, RSMo, for subcontractors that knowingly employ or continue to employ any unauthorized alien to work within the state of Missouri. • I, the Affiant, acknowledge that I am signing this affidavit as a free act and deed of the aforementioned business entity and not under duress. Aff Sig tore Subscribed and sworn to before mein Cape Girardeau. MO the day and year first above - written. city (or cqunty h state C; YrrlI Notaz7Public My commission expires: February 28, 2015 [documentation of enrollment/participation In a federal work authorization program attached] vrA NOTARY RWARY`SM S n tyggCln CAPEG5MR AVLi "::v .;�db f E%FIIBTT AFFIDAVIT OF OSHA TRAIlVING \( COMES NOW `Ni as (Office Hdd) �1 lf� ' ��s 3 t ,del of (CmnpanyNa /Contractor) and first being duly sworn, on my oath, affirm in connection with the contracted services telated to 4 44 (Pro Name)�forge duration of the contact, as follows: 6Vt Conix+acto ' H su "provide a ten (10) hour Occupational Safety and Health Administration (OSHA) co nstructi on safety program for all employees who will be on -site at the Project The cons tructio n safety program shall include a course in construction safety and health that is approved by OSHA of a simt7at program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo. 2. Contractor shall require its on -site employees to complete a construction safety program within sixty (60) days after the date work on the Project commences, as required by Section 292.675, RSMo. 3. Contract= acknowledges and agr= that any of Conttactni?s employees found on F, the Project site without documentation of the successful completion of a construction safety of program shall bereqaired. to produce such documentation within twenty (20) days, or will be subject W to removal from the Project 4. C ontrac t or • I require I o A S ubcont r ac t ors to comply w - requ of Section 292.675, RSMo. 5. Contractor acknowledges that p ursuan t to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty two thousand fire hundred dollars ($2,500.000), plus one hundred dollars ($100.00) for each on site employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such on -site employee is employed without the construction safety trauung requited in Section 292.675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition 7. Contractor acknowledges that in the event that the Missouri Department of Labot and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred I and that a penalty shall he assessed, the City shall withhold and retain all sums and amounts due and owing when maL-ing payments to Contractor under this Contract FURTHER AFFIANT SATTH NOT IN AFFMIA THEREOF, the facts stated above are tine and correct (the i undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) L V L' ( n9Rfr fcotpoation) ( �ffi= of corp=dm and ti9e) ,�,scd Seery (or other offccc U 4 1 PAL OF CORPORATION) STATE OF MISSOtW ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this'S,day of �Jtlha-) 20j-4 before me arrested to petso lmown, who, being by me duly sworn, did say that he /she is the of a Mrssouri Corporation, and that the seal affixed to the fbtegolng fasttutnexit is the seal of said Corporation, and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and aclmowledged said instrument to be the free act and deed of said Corporation. •v My Commission Expires: CAPE araeaFUasauw�' A YMMISMEXPI wF 2%WI# wuaASSM Nla@8j "0170 CITY Of CAPE G I R A R D E A U Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency; (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three -year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five (S) years or both. A tc&A R 60AW YIt�• �Y£51dE,/1C Typed Name 1& Title of Auihorized Representative Signs of Authorize epresentative Date ❑ I am unable to certify to the above statement. My explanation is attached. t\� A� 0 X E 4 I 2014 Asphalt Overlay J Project PLAZA Overview Map Staff: Ryan Shrimplin, AICP - City Agenda: Planner 4/7/2014 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with the Safe House for Women, Inc., for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute an agreement to provide Emergency Solutions Grant funds to the Safe House for Women, Inc. BACKGROUND /DISCUSSION Governor Jay Nixon has approved funds from the Missouri Housing Development Commission (MHDC) Surplus to help bridge the gap caused by the reductions in federal funds. As a result, the City was awarded $87,361.10 in additional grant funds. MHDC approved an additional $34,237.60 in funds for the Salvation Army, plus $48,500 for the Safe House for Women, Inc. and $4,623.50 for administrative services. Attached is an agreement between the City and the Safe House for Women, Inc. which contains the terms under which the grant funds will be disbursed. The funds will be used for Emergency Shelter (Essential Services and Operations). As a condition of the grant, the Safe House for Women, Inc. will be required to contribute a 100% match ($48,500). The Safe House for Women, Inc. will be responsible for administering its program in accordance with the terms of the agreement. The City has received this grant (formerly called the Emergency Shelter Grant) every year for the past 23 years. The gap funding from MHDC will allow the Safe House for Women, Inc. to continue the 23 years of service to victims of domestic violence and their families. The additional grant funds for the Salvation Army will be handled as an addendum to the existing agreement (approved by the City Council on March 17, 2014). FINANCIAL IMPACT A 100% match is required for the administrative portion of the grant ($4,623.50), which covers the Salvation Army and Safe House for Women, Inc. programs. The City will share this cost with the County. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The grant funds are used to support the operations of the Safe House for Women, Inc., allowing continued and improved services for its residents. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the execution of an agreement with the Safe House for Women, Inc. for Emergency Solutions Grant funds. ATTACHMENTS: Name: ❑ SafeHouse- Emer.Sol.Grant.2014.doc Descnption: Safe House Res ❑ 2014 Agreement_ Safe_ House_ for Women _Inc.txt" Agreement The Safe House for Women, Inc. BILL NO. 14 -48 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC., FOR EMERGENCY SOLUTIONS GRANT FUNDS FROM THE MISSOURI HOUSING DEVELOPMENT COMMISSION 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 the Safe House Women, Inc., for Emergency Solutions Grant Funds from the Missouri Housing Development Commission. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk AGREEMENT THIS AGREEMENT, made and entered into this day of , 2014 by and between the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City "), and the Safe House for Women, Inc. (hereinafter "Safe House "). WITNESSETH: WHEREAS, the City has received Emergency Solutions Grant Funds from the Missouri Housing Development Commission; and WHEREAS, the Safe House has submitted a proposal to provide services to the homeless of Cape Girardeau County, which has been approved by the Missouri Housing Development Commission. NOW THEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, the City and Safe House agrees as follows: 1. The Safe House will provide the services outlined in its proposal, a copy of which is attached hereto and made a part of this agreement. 2. The Safe House will provide all local cash and in -kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Safe House, the City will reimburse the Safe House for all costs, not to exceed Forty -eight Thousand Five Hundred Dollars ($48,500.00) incurred in providing services as outlined in the Safe House proposal. In no event shall the Safe House be paid from any City funds other than funds received by the City from the State of Missouri as part of an emergency solution grant. 4. Services provided under this agreement shall be completed no later than March 31. 2015. 5. The Safe House agrees to comply with federal regulations applicable to Emergency Solutions Grant projects, including, but not limited to: conflict of interest, equal employment opportunity, Section 3, female employment, affirmative action, and lead -based paint prohibition. 1 6. The Safe House agrees to cooperate with City in the City's compliance with all provisions of its Emergency Solutions Grant Agreement with the State of Missouri. 7. In addition to, and not in substitution for, other provisions of this agreement regarding the provision of the payment of operational costs for emergency shelters pursuant to the Emergency Solutions Grant Program, the Safe House: a. Represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and b. Agrees that, in connection with such essential services and operational costs: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not deny employment or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, or exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this agreement. E IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their properly authorized representatives. CITY OF CAPE GIRARDEAU Scott A. Meyer City Manager ATTEST: Gayle L. Conrad, City Clerk APPROVED AS TO FORM: W. Eric Cunningham, City Attorney SAFE HOUSE FOR WOMEN, INC. (Typed Name & Title of Signer) 3 SVeogrh, Dlpity, QvnlityoJGfe MISSOURI HOUSING Jeremiah W. (Jay) Nixon Governor Peter Kinder Lieutenant Governor Clint Zweifel State Treasurer Chris Koster Attorney General Jeffrey S. Bay Chairman Troy L. Nash Vice Chairman Greg L. Roberts Secretary- Treasurer Kip Stetzler Interim Executive Director Kansas City 3435 Broadway Kansas City, MO 64111 816 - 759 -6600 Fax 815 -759 -6828 St. Louis 4625 Lindell, Suite 300 St, Louis, MO 63108 314 - 877 -1350 Fax 314- 877 -1360 March 17, 2014 City of Cape Girardeau Stephan Williams 401 Independence Street Cape Girardeau, MO 63703 RE: 2014 Emergency Solutions Grant Application ESG Grant Number: 14 -755 -S Grant Award: $87,361.10 Dear Mr, Williams, Due to federal funding cuts for the Emergency Solutions Grant (ESG) Program, Gov. Jay Nixon has announced that Missouri homeless service providers will receive $1.3 million to help bridge the gap caused by reductions in federal funding. The new funding will be provided by the Missouri Housing Development Commission (MHDC) for domestic violence shelters and homeless service providers. Your application requesting funds from the 2014 Emergency Solutions Grant Program has been approved by MHDC's Board of Commissioners in the amount of $87,361.10 for the following: Street Outreach $34,237.60 Engagement $34,237.60 Essential Services Emergency Shelter $48,500.00 Essential Services $9,000.00 Operations $39,500.00 Homeless Prevention Financial Assistance Services TBRA PBRA Rapid Re- Housing Financial Assisatnce Services TBRA PBRA H1VHS Administration $4,623.50 Z =111 aa� ea»san. Emergency Solutions Grant: Page 2 MANDATORY training will occur next week; at that time your agency will receive the grant agreement and all corresponding paperwork for your 2014 Emergency Solutions Grant Program, The training will cover the administration of the 2014 Emergency Solutions Grant. It is highly recommended that your grant administrator(s) and program administrator(s) attend the training (i.e. the person(s) responsible for maintaining client files, submitting for reimbursement, and maintaining grant back up documentation). Date Address Stoney Creek Inn Columbia Friday, 2601 South Providence Road 9:00am- 4:00pm March 28, 2014 Columbia, MO 65203 Please RSVP to Julie Peacock at 1peacockna,mhdc. com by Wednesday, March 26 2014 with the names and titles of each person attending the training on behalf ofyour agency. We look forward to working with your agency in the 2014 grant year. If your agency requires application feedback, please contact Julie Peacock at jpeacock @mhdc.com. All requests for feedback must be submitted via email on or before March 28, 2014. We look forward to working with you during this upcoming grant year. Sincerely, Heather A. Bradley- ary Community Initiatives Manager amendment prior to either these dates; however, no action will betaken with respect to such requested amendments until the dates specified above. Notwithstanding anything to the contrary in this Section 3 or elsewhere in this Agreement, MHDC may consider and approve additional budget amendments above and beyond those provided for in the previous paragraph in its sole and absolute discretion. All such additional amendment allowances, if any, will be handled by MHDC on a case -by -case basis. E. Payments to the Grantee a. The Grantee shall be reimbursed for actual, allowable costs incurred for services and activities provided pursuant to this Agreement and in accordance with the MHDC approved budget reflected in the subparagraph "b" below, provided that the total amounts reimbursed under this Agreement may not exceed the Grant Amount. The services and activities for which Grantee may utilize the Supplemental ESG Funds, as well as the rules and restrictions applicable to such uses, are more particularly spelled out in the ESG Funding Guidance attached hereto as Exhibit "4" and incorporated herein by reference (the "Funding Guidance "). b. Allocations: The services and activities MHDC has approved the Grantee to perform and the funding levels approved for such activities and services by MHDC are as follows: FY2014 Administration Allocation $4,623.50 Sub - Grantee: The Salvation Army FY2014 HMISAIIocation FY2014 Emergency Shelter Allocation Essential Services Operations FY2014 Street Outreach Allocation $34,237.60 Essential Services $34,237.60 Outreach FY2014 Homelessness Prevention Allocation Housing Relocation Financial Housing Relocation Services Tenant Based Rental Assistance Project Based Rental Assistance FY2014 Rapid Re- Housing Allocation Housing Relocation Financial Housing Relocation Services Tenant Based Rental Assistance Project Based Rental Assistance FY2014 Match Waiver Sub - Grantee: Safe House for Women, Inc. FY2014 HMISAIIocation FY2014 Emergency Shelter Allocation $48,500.00 RIDER A ATTACHED TO AND MADE A PART OF EMERGENCY SOLUTIONS GRANT HOUSING SERVICES GRANT AGREEMENT GRANT No. 14 -755 -S PROGRAM COMPONENT: EMERGENCY SHELTER Additional Representations, Covenants and Warranties by Grantee: 1. Grantee agrees that use of HMIS or a comparable database required under this Agreement. 2. Grantee agrees to submit the following properly completed documents to MHDC prior to the distribution of any Supplemental ESG Funds: a. Executed Grant Agreement including all exhibits, riders and attachments b. Affidavit of Workforce Eligibility C. MOU from E- Verify d. Authorization Agreement for Pre - Payments with voided check (ESG -200) e. Authorized Signature Card (ESG -201) f. Certificate of Insurance g. Program Staffing Form (ESG -108) h. W9 i. Site Contact Form (ESG -203) j. Data Collection Form (ESG -202) 3. Grantee agrees to collect, create or cause to be created, keep, and maintain records, which records shall be stored and kept by Grantee pursuant to MHDC policies as well as ESG Interim Rule Subpart F -Grant Administration 24 CFR 576.500 (Recordkeeping and Reporting Requirements). Required records shall be subject to Monitoring Activities and shall include, but are not limited to, the following categories of documents: a. Written Policies and Procedures for the administration of the ESG Program b. Homeless or At -Risk of Homelessness Status documentation (ESG -213) C. Determination of eligibility or ineligibility for ineligible program participants (ESG -211) d. Verification of amount of assistance, date and to whom paid e. Identification of all assistance by type, amount, and provider f. Documentation of the number of individuals in the household, if applicable g. Consent form stating that MHDC has the right to review clientfiles and contact clients directly duringthe audit process, signed by client and agency representative (must use form ESG -209) h. HMIS or comparable database consent form. i. Habitability standards and inspections (ESG -216) j. A detailed list of what Supplemental ESG Funds were used for (i.e. salaries, benefits, office supplies) k. Verification of receipts and /or invoices copies of checks I. Pay period dates and a copy of pay stubs if funds used for salaries m. Proof of Social Security number for all salary payments 4. Grantee agrees that Eligible Expenses will be limited to the costs incurred by Grantee to provide Housing Services as follows and further detailed in 24 CFR Parts 91 and 576: • Emergency Shelter • Administration EXHIBIT 5 REQUIRED TERMS AND CONDITIONS FOR SUB -GRANT AGREEMENTS Grantee is encouraged to ensure that any sub -grant agreements entered into with sub - grantees obligate such sub - grantees to the same terms and conditions to which Grantee is bound under this Agreement. While the Grantee generally has the autonomy to negotiate the terms and conditions of any such sub -grant agreements, MHDC does require that, prior to entering into any sub - grant agreement with any sub - grantee, the Grantee must ensure that all of the sub - grant agreement incorporates the following terms and conditions: Either parry shall have the right to terminate the sub -grant agreement upon sixty (60) days advance written notice. The grantee represents and warrants to the grantor that the grantee has fully disclosed all conflicts of interest and potential conflicts of interest with individuals or entities that may benefit from the ESG Funds awarded to the grantee under this agreement, including any individuals or entities having an Identity of Interest, as defined on Rider B attached hereto and made a part hereof ( "Identity of Interest "), with the grantee that may be involved in any transaction involving ESG funds. Grantee must provide full and immediate disclosure to grantor in the event that any Identity of Interest arises with any individual or entity involved in any transaction involving ESG funds. Grantee must provide full and immediate disclosure to grantor of any change in the sponsorship, principals or management of grantee. Changes in sponsorship, principals or management of grantee's organization shall render grantee ineligible to receive any ESG funds whatsoever hereunder unless and until such changes are fully disclosed to grantor and such changes are approved in writing by grantor. Grantee shall track, account for and report ESG funds separately from all other funds. The grantee is advised that misuse of ESG funds may result in a range of penalties including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies advanced under this agreement, and civil and /or criminal penalties. Grantee shall keep an accurate inventory and depreciation schedule for all assets, equipment, computer equipment, software and other real and personal property purchased with ESG Funds when such purchases equal or exceed EX 5 -1 $5,000. The inventory shall also include specific information as to the disposition of all assets that have been transferred, sold or otherwise disposed of, the manner of the disposition, the.consideration received for the disposal of the assets and the reason therefore. Any assets purchased with ESG Funds shall be utilized solely for the purpose of carrying out the Housing Services. Grantee will comply with the applicable provisions of 24 CFR Parts 91.5 and 576.2. Grantee will provide services in a manner consistent with the requirements of: - The HUD ESG Program grant which can be found at the following website: https://www.onecpd.info g/ - Missouri's FY 2011 ESG Substantial Amendment which can be found at the following website: hftp://dss.mo.gov/fsd/esg/pdf/missouri- emergency- solutions - grant - program- substantial- amendment.pdf and - Missouri's ESG component of the FY 2012 Consolidated Plan Grantee will maintain compliance with all requirements identified in 24 CFR 576.203. The ESG funds provided under this agreement shall be used solely for the purpose of providing services to persons, families or households with incomes within the income limits described in the Federal Emergency Solutions Grant Interim Rule at 24 CFR Parts 91 and 576. Grantee shall only provide ESG services to persons, families or households residing within the State of Missouri. Grantee acknowledges and agrees that the Missouri Housing Development Commission ( "MHDC ") as the administrator of the ESG program for the State of Missouri will have the right, in its discretion to conduct site visits of grantee to ensure grantee is in compliance with the terms and conditions of the ESG program. As such, grantee agrees that it will open all books and records to MHDC related to its performance of ESG services under this agreement and will accommodate and cooperate with MHDC on any site visits MHDC may which to conduct with grantee including all site visits which MHDC may elect to conduct subsequent to the termination or expiration of this agreement. Grantee must keep and maintain all records related to the ESG program until the later of (i) the date upon which all audit findings (if applicable) have been resolved to the satisfaction of grantor and /or MHDC, or (ii) the date which is seven (7) years from and after the date of the last disbursement or delivery of ESG funds to grantee. I! �Ip? Grantee shall enroll in and actively use the E- Verify program (or other approved federal work authorization program) administered by the U.S. Department of Homeland Security, and shall provide evidence of its participation to grantor in such form as grantor may require. Grantee shall comply with all federal, state and local laws prohibiting discrimination in housing on the grounds of any legally protected status including but not limited to race, color, religion, national origin, age, sex, gender, sexual orientation, disability, familial status, or veteran status. Grantee shall disclose to grantor all allegations of discrimination under Title VI of the 1964 Civil Rights Act, as amended, and under Title VIII of the 1968 Civil Rights Act, as amended, commonly known as the Fair Housing Act of 1968. Such disclosure shall be made in writing within fifteen (15) days of the receipt of such allegation. In the event the grantee is a not- for - profit agency, grantee board members must abstain from voting on any funding proposal relating to this Agreement, in which they have administrative control or a monetary interest. Board members who have such an interest and participate in discussion prior to a vote must disclose such interest in a meeting of the board prior to such discussion. In accordance with state and federal laws and regulations, state executive order or regulations, the grantee certifies that it presently has no interest and shall not acquire any interest, directly or indirectly, which would conflict in any manner or degree with its performance of the ESG services. The grantee further agrees that no person having such interest shall be employed or conveyed an interest, directly or indirectly, in this agreement: The grantee shall comply with the Fair Labor Standard Act, Equal Opportunity Employment Act, any other federal and state laws, rules, regulations and executive orders to the extent that these may be applicable. The grantee shall only utilize personnel who are appropriately qualified and licensed or certified, as required by state, federal or local law, statute or regulation, respective to the services to be provided through this agreement, and shall provide documentation of such licensure or certification upon request. Grantee shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A. - If the grantee is found to be in violation of this requirement of the. applicable state, federal and local laws and regulations, and if the State of EX 5 -3 Missouri has reasonable cause to believe that the grantee has knowingly employed individuals who are not eligible to work in the United States, grantor shall have the right to cancel the agreement immediately without penalty or recourse. In addition, the Missouri Housing Development Commission ( "MHDC") shall have the right to suspend or debar the grantee from doing business with MHDC (whether in the capacity as a direct grantee or as a sub - grantee of funds administered by MHDC). The grantee shall agree to fully cooperate with any audit or investigation from federal, state or local law enforcement agencies. The grantee certifies bysigning this agreement that any amendment signature page(s) that neither the grantee, nor any of its principals (owners, directors and others as defined by 45 CFR Part 76) are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded from participation, or otherwise excluded from or ineligible for participation under any state or federal assistance programs. - In the event the grantee or any of its principals become suspended or debarred during the term of this agreement, the grantee shall immediately send written notification to grantor. - Suspension or debarment of the grantee, or failure by the grantee to provide written notification of such suspension or debarment to grantor, may result in immediate termination of this agreement, the required repayment of any ESG Funds disbursed to grantee after such time as the grantee was first obligated to provide notice hereunder, and any other actions as grantor may deem appropriate in its discretion. The grantee is determined a sub - recipient of funding for the Emergency Solutions Grant. Under this designation, the grantee shall comply with the requirements of OMB Circular A -133. The grantee shall make all reports prepared in accordance with the requirements of OMB Circular A -133 available for inspection by representatives of grantor, MHDC or DSS during normal business hours. The grantee shall comply with all federal and state statutes, regulations and executive orders relating to nondiscrimination and equal employment opportunity to the extent applicable to this Agreement. These include, but are not limited to: Title VI of the Civil Rights Act of 1964 (P.L. 88 -352) which prohibits discrimination on the basis of race, color, or national origin (this includes individuals with limited English proficiency) in programs and activities receiving federal financial assistance and Title VII of the Act which EX 5-4 prohibits discrimination on the basis of race, color, national origin, sex, or religion in all employment activities; Equal Pay Act of 1963 (P.L. 88 -38, as amended, 29 U.S.C. § 206 (d)); Title IX of the Education Amendments of 1972, as amended (20 U.S.0 §§ 1681 -1683 and 1685 -1686) which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) and the Americans with Disabilities Act of 1990 (42 U.S.C. § 12101 et seq.) which prohibit discrimination on the basis of disabilities; The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 -6107) which prohibits discrimination on the basis of age; Equal Employment Opportunity- E.O. 11246, "Equal Employment Opportunity ", as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity "; The Pro - Children Act of 1994 (PL 103 -227) regarding environmental tobacco smoke; Missouri State Regulation, 19 CSR 10- 2.010, Civil Rights Requirements; Missouri Governor's E.O. #94-03 (excluding article II due to its repeal); Missouri Governor's E.O. #05 -30; and The requirements of any other nondiscrimination federal and state statutes, regulations and executive orders which may apply to the services provided under the agreement. Pursuant to 24 CFR 576.405, the grantee shall ensure participation of homeless persons in policy- making and operations of the program. Pursuant to 24 CFR 576.406, the grantee shall ensure that religious or faith - based organizations are eligible for program participation on the same basis as any other non - profit organization. - The grantee shall ensure that participating faith -based organizations do not engage in inherently religious activities, such as worship, religious instruction or proselytization as a part of programs or services funded under the ESG programs. - In the event a faith -based organization conducts inherently religious activities, such activities must be offered separately in time or location from the programs or services funded under the ESG program and participation in these programs must be voluntary for clients and not a condition for participation in the ESG. Grantee must ensure that each client served under the ESG program signs a form to be retained in the client's file indicating that the client has been made aware that he /she is not obligated to participate in or otherwise attend any religious services or other activities as a condition of receiving assistance under the ESG program. EX 5 -5 Faith -based or religious organizations may carry out their missions, including the definition, practice and expression of religious beliefs, provided that no ESG funds or Housing Opportunities for Persons with AIDS (HOPWA) funds are used to support any inherently religious activities. Organizations may use space in their facilities to provide ESG services without removing religious art, icons, scriptures or other religious symbols. Faith -based and religious organizations may not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. In the event a faith -based grantee receives non -ESG funding from its ESG funder to supplement its ESG activities, the faith -based grantee shall have the option to segregate or co- mingle these funds. In the event such funds are co- mingled, all requirements of paragraph 3.8.4 shall apply to all such co- mingled funds. Pursuant to 24 CFR 576.407(b), the grantee shall ensure that it utilizes affirmative outreach as required herein. The grantee must make known that use of the facilities, assistance, and services are available to all on a non - discriminatory basis regardless of any particular race, color, religion, sex, age, national origin, familial status, or disability who may qualify for those facilities and services. The grantee must take appropriate steps to ensure effective communication and accessibility to persons with disabilities. Consistent with Title VI and Executive Order 13166, the grantee must ensure meaningful access to persons with limited English proficiency (LEP). The grantee shall comply with: - environmental review responsibilities required pursuant to 24 CFR 50 for any ESG- funded activities; section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, regarding procurement of recovered materials; the Uniform Relocation Assistance And Real Property Acquisition Policies Act of 1970 (URA) 42 USC 4601 -4655, 49 CFR part 24,42 USC 3601, and section 504 of the Rehabilitation Act (29 USC 794) regarding displacement, relocation, acquisition, and appeals (CFR 576.408); and requirements of 24 CFR Parts 5, 200, 203, 236,400, 570, 574, 882, 891, and 982 regarding equal access to housing in HUD programs regardless of sexual orientation, gender identity, or marital status. EX 5 -6 The grantee shall comply with the requirements of the Single Audit Act Amendments of 1996 (P.L.104 -156) and Circular A -133, including subsequent amendments or revisions, as applicable or 2 CFR 215.26 as it relates to for - profit hospitals and commercial organizations. A copy of any audit report shall be sent to MHDC, upon MHDC's request. The grantee shall return to grantor any funds disallowed in an audit of this Agreement. If the grantee is a sub - recipient as defined in OMB Circular A -133, Section 210, the grantee shall comply with all applicable implementing regulations, and all. other laws, regulations and policies authorizing or governing the use of any federal funds paid to the grantee through this agreement. In performing its responsibilities under this agreement, the grantee shall fully comply with the following Office of Management and Budget (OMB) administrative requirements and cost principles, as applicable, including any subsequent amendments: - Uniform Administrative Requirements: A -102 - State /Local Governments; 2 CFR Part 215 - Hospitals, Colleges and Universities, For - Profit Organizations (if specifically included in federal agency implementation), and Not - For - Profit Organizations (OMB Circular A -110); and - Cost Principles: 2 CFR Part 225, State /Local Governments (OMB Circular A -87); A -122 - Not - For -Profit Organizations; A -21- Colleges and Universities; 48 CFR Part 31, For - Profit Organizations; 45 CFR Part 74, Appendix E — Hospitals. The grantee shall comply with 31 U.S.C. § 1352 relating to limitations on use of appropriated funds to influence certain federal contracting and financial transactions. No funds under this agreement shall be used to pay the salary or expenses of the grantee, or agent acting for the grantee, to engage in any activity designed to influence legislation or appropriations pending before the United States Congress or Missouri General Assembly. The grantee shall comply with all requirements of 31 U.S.C. § 1352 which is incorporated herein as if fully set forth. The grantee shall submit to grantor, when applicable, Disclosure of Lobbying Activities reporting forms. EX 5 -7 Staff: Wes Blair, Police Chief Agenda: 4/7/2014 SUBJECT Resolution authorizing the Chief of Police to enter into a Memorandum of Understanding among participating jurisdictions to establish the Southeast Missouri Street Crime Task Force to combat violent gun and drug crime affecting communities in our region. EXECUTIVE SUMMARY Resolution authorizing the Chief of Police to enter into a Memorandum of Understanding among the participating jurisdictions of Sikeston, Poplar Bluff, and Charleston to establish the Southeast Missouri Street Crime Task Force. The Task Force will combat violent gun and drug crime affecting communities in our region. BACKGROUND /DISCUSSION The police chiefs in the communities of Cape Girardeau, Sikeston, Poplar Bluff, and Charleston recognize an increase in violent gun and drug - related crime in the region and the need for all the cities to work together to remove this criminal element from our region. Officers from each agency and the Missouri Highway Patrol will be assigned on an "as needed" basis to work operations in each participating city. Law enforcement officials belief this increased presence will successfully reduce these crimes in our region. STAFF RECOMMENDATION Staff Recommends the approval of this resolution. ATTACHMENTS: Name: Description: ❑ SEMO Street Crime Task Force 2014.doc Street Crime Task Force Res ❑ Street Crime Task Force.doc SE MO Street Crime Task Force MOU BILL NO. 14 -49 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF UNDERSTANDING TO ESTABLISH THE SOUTHEAST MISSOURI STREET CRIME TASK FORCE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The Chief of Police, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a Memorandum of Understanding to establish the Southeast Missouri Street Crime Task Force. A copy of said Memorandum of Understanding is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk SOUTHEAST MISSOURI STREET CRIME TASK PORCE Memorandum of Understanding The Street Crimes Task Force is established to combat violent criminal street crime activity in Southeast Missouri. The originating cities are the City of Cape Girardeau, Sikeston, Poplar Bluff, and Charleston, Missouri. These cities have seen an influx of individuals traveling from city to city to perpetrate crimes upon the streets their respective cities. This unit will focus on narcotics trafficking and other violent street crimes that occur in the target area that is identified by the local police chief within the respective communities. This group will also be made up of state and federal partners who will assist with the proactive patrol of these targeted high crime areas. It is the goal of the Southeast Missouri Street Crimes Task Force to reduce violence and criminal activity within these geographical areas located in the respective cities. • This mutual assistance agreement is made pursuant to Article VI, section 16 of the Constitution of the State of Missouri and pursuant to 70.815.2 of the Revised Statutes of Missouri as amended. • The consideration for this Memorandum of Understanding is based upon mutual benefit to the respective citizenry of the parties of each of the participating agencies. The participating agencies agree to cooperate for the ultimate goal of safer street and reduced violent crime in the target area. • Eligible expenses for any Southeast Missouri Street Crime Task Force will be paid with grant funding provided by the Missouri Department of Transportation for the purpose of funding the task force. Any ineligible expenses will be paid for by each individual participating agency. None of the participating agencies shall be liable to the other for any action, failure to act, delay, mistake, failure to respond, or negligence arising out of any assistance or task force project as provided in this memorandum. A member of each participating agency will participate on a board that will govern the Southeast Missouri Street Crime Task Force. The board will consist of one voting member of each participating agency. • At the initiation of a task force project, the host agency in thejurisdiction in which the project is being held, shall have the authority to determine the extent, the time frame, the manpower used, the procedures, and the general scope of the project. SOUTHEAST MISSOURI STREET CRIME TASK PORCE • Each participating agency shall maintain its own insurance coverage and shall be responsible for all claims, damages, and losses sustained by its own law enforcement agency and personnel. This agreement shall not be construed as to create an employment relationship between the employees of one participating agency and another. Each party agrees to provide insurance for its own employees including liability and workers compensation. • Each participating agency hereby agrees to have the individual members of its law enforcement agency conform to the standards of the Southeast Missouri Street Crime Task Force while participating in any task force project. • Inwitness whereof the duly authorized representatives of each participating agency, a party to this memorandum, does hereby affix his/her signature to effectuate the terms, provisions and agreements herein contained. SOUTHEAST MISSOURI STREET CRIME TASK PORCE GOVERNING BODY AUTHORIZATION On I the Governing Body of The City of Cape Girardeau held a meeting and discussed the agency's participation with the Southeast Missouri Street Crime Task Force. It is agreed by this Governing Body that the City of The City of Cape Girardeau will participate in the Southeast Missouri Street Crime Task Force. Signature Signature Signature Signature Signature Signature Signature Signature Staff: Bruce W. Loy, Airport Manager Agenda: 4/7/2014 SUBJECT Agreement with Crawford, Murphy, and Tilly, Inc. for the Design Phase Services to procure new snow removal equipment at the Cape Girardeau Regional Airport, utilizing City generated technical specifications in a manner eligible for reimbursement through an FAA Airport Improvement Program (AIP) grant. EXECUTIVE SUMMARY This agreement is for design phase services to assist the City in procuring new snow removal equipment at the Cape Girardeau Regional Airport to include contract documents necessary for the bidding phase of the project. More specifically, the equipment will include a Snow Blower and a Front End Loader to push the snow blower. The project will be funded with appropriated funds from the Missouri Department of Transportation (MoDOT) with a 10% match provided by the City. BACKGROUND /DISCUSSION The Cape Girardeau Regional Airport does not own snow removal equipment capable of blowing or moving heavy snow berms caused by excessive plowing. Rather, there are times when we have to hand shovel runway edge lights that have been buried by snow berms. Many times, the snow berms are so hard, that maneuvering them is extremely difficult. During a FAR Part 139 inspection in 2012 performed by the Federal Aviation Administration (FAA), our inspector mandated the purchase of a snow blower to move these heavy, tall snow berms or snow wind rows. While the FAA advised us to use the Minnesota Cooperative to purchase this equipment, once we were ready to order the equipment a year later, the FAA Central office in Kansas City advised us that the Minnesota Cooperative is no longer an approved site for purchasing equipment due required FAA documentation missing in the Cooperative's bid packets. As a result, MoDOT is allowing the Airport to utilize Crawford, Murphy, and Tilly, Inc.(CMT) to assist in preparing the appropriate bid specifications and documentation to advertise for bids and contracting the purchase of this snow removal equipment. MoDOT has agreed to fund the cost of the CMT design services with state funds, requiring only a 10 % match from the City. FINANCIAL IMPACT The total cost for the design phase agreement, as attached, will total an amount not to exceed $7,941.08. The agreement is to be funded with 90% MoDOT non - primary entitlement funds. The City's match will total an amount not to exceed $794.11. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City Manager to enter into an agreement with Crawford, Murphy, and Tilly, Inc. for the Design Phase Services to procure new snow removal equipment at the Cape Girardeau Regional Airport, for an amount not to exceed $7,942.08 ATTACHMENTS: Name: ❑ Airport Snow Equip Res 2014.doc ❑ Aviaiton_consultant agreement_ Snow_ Removal EquipmenW Description: Snow Equip Resolution Aviation Consultant Agreement Snow Removal Equipment BILL NO. 14 -50 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CRAWFORD, MURPHY AND TILLY, INC., FOR SNOW REMOVAL EQUIPMENT AT THE CAPE GIRARDEAU REGIONAL AIRPORT 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 Aviation Project Consultant Agreement with Crawford, Murphy and Tilly, Inc., for snow removal equipment at the Cape Girardeau Regional Airport. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. 000"M Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Airport Name: Cape Girardeau Regional Project No.: County: Scott AVIATION PROJECT CONSULTANT AGREEMENT (FEDERAL ASSISTANCE) (Revision 01/01/11) THIS AGREEMENT is entered into by Crawford, Murphy and Tilly, Inc. (hereinafter the "Consultant "), and the City of Cape Girardeau, (hereinafter the "Sponsor "). WITNESSETH: WHEREAS, the Sponsor has selected the Consultant to perform professional services to accomplish a project at the Cape Girardeau Regional Airport. WHEREAS, while neither the Missouri Department of Transportation (MoDOT) nor the Federal Aviation Administration (FAA) is a party to this Agreement, MoDOT and /or FAA land acquisition, environmental, planning, design and construction criteria and other requirements will be utilized unless specifically approved otherwise by MoDOT. WHEREAS, while the Sponsor intends to accomplish a project at the Cape Girardeau Regional Airport as listed in Exhibit I of this Agreement, entitled "Project Description ", which is attached hereto and made a part of this Agreement. NOW, THEREFORE, in consideration of the payments to be made and the covenants set forth in this Agreement to be performed by the Sponsor, the Consultant hereby agrees that it shall faithfully perform the professional services called for by this Agreement in the manner and under the conditions described in this Agreement. (1) DEFINITIONS The following definitions apply to these terms, as used in this Agreement: (A) " SPONSOR" means the owner of the airport referenced above. (B) "SPONSOR'S REPRESENTATIVE" means the person or persons designated in paragraph 22(A) of this agreement by the Sponsor to represent the Sponsor in negotiations, communications, and various other contract administration dealings with the Consultant. (C) "MoDOT" means the Missouri Department of Transportation, an executive branch agency of state government, which acts on behalf of the Missouri Highways and Transportation Commission. Rev. 01/01/1) (D) "CONSULTANT" means the firm providing professional services to the Sponsor as a party to this Agreement. (E) "CONSULTANT'S REPRESENTATIVE" means the person or persons designated in paragraph 22(B) of this agreement by the Consultant to represent that firm in negotiations, communications, and various other contract administration dealings with the Sponsor. (F) "DELIVERABLES" means all drawings and documents prepared in performance of this Agreement, to be delivered to and become the property of the Sponsor pursuant to the terms and conditions set out in paragraph (12) of this Agreement. (G) "DISADVANTAGED BUSINESS ENTERPRISE (DBE)" means an entity owned and controlled by a socially and economically disadvantaged individual as defined in 49 CFR. Part 26, which is certified as a DBE firm in Missouri by MoDOT. Appropriate businesses owned and controlled by women are included in this definition. (H) "FAA" means the Federal Aviation Administration within the United States Department of Transportation (USDOT), headquartered at Washington, D.C., which acts through its authorized representatives. (1) "INTELLECTUAL PROPERTY" consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design or other proprietary information in any form or medium. (J) "SUBCONSULTANT" means any individual, partnership, corporation, or joint venture to which the Consultant, with the approval of the sponsor, subcontracts any part of the professional services under this Agreement but shall not include those entities which supply only materials or supplies to the Consultant. (K) "SUSPEND" the services means that the services as contemplated herein shall be stopped on a temporary basis. This stoppage will continue until the Sponsor either decides to terminate the project or reactivate the services under the conditions then existing. (L) "TERMINATE ", in the context of this Agreement, means the cessation or quitting of this Agreement based upon the action or inaction of the Consultant, or the unilateral cancellation of this Agreement by the Sponsor. (M) "TEA -21" means the federal Transportation Equity Act for the 21 Century. (N) "USDOT" means the United States Department of Transportation, headquartered at Washington, D.C., which acts through its authorized representatives. 2 Rev, 01/01/11 (0) "SERVICES' includes all professional engineering and related services and the furnishing of all equipment, supplies, and materials in conjunction with such services as are required to achieve the broad purposes and general objectives of this Agreement. (2) SCOPE OF SERVICES: (A) The services covered by this Agreement shall include furnishing the professional, technical, and other personnel and the equipment, material and all other things necessary to accomplish the proposed project detailed in Exhibit 1 of this Agreement. (B) The specific services to be provided by the Consultant are set forth on Exhibit II to this Agreement, entitled "Scope of Services," which is attached hereto and made a part of this Agreement. (3) ADDITIONAL SERVICES The Sponsor reserves the right to direct additional services not described in Exhibit 11 as changed or unforeseen conditions may require. Such direction by the Sponsor shall not be a breach of this Agreement. In this event, a supplemental agreement will be negotiated and executed prior to the Consultant performing the additional or changed services, or incurring any additional cost therefore. Any changes in the maximum compensation, or time and schedule of completion, will be covered in the supplemental agreement. Supplemental agreements must be approved by MoDOT to ensure additional funding is available. (4) INFORMATION AND SERVICES PROVIDED BY THE SPONSOR (A) At no cost to the Consultant and in a timely manner, the Sponsor will provide available information of record which is pertinent to this project to the Consultant upon request. In addition, the Sponsor will provide the Consultant with the specific items or services set forth on Exhibit III to this Agreement, entitled "Services Provided by the Sponsor ", which is attached hereto and made a part of this Agreement. The Consultant shall be entitled to rely upon the accuracy and completeness of such information, and the Consultant may use such information in performing services under this Agreement. (B) The Consultant shall review the information provided by the Sponsor and will as expeditiously as possible advise the Sponsor of any of that information which the Consultant believes is inaccurate or inadequate or would otherwise have an effect on its design or any of its other activities under this Agreement. In such case, the Consultant shall provide new or verified data or information as necessary to meet the standards required under this Agreement. Any additional work required of the Consultant as the result of inaccurate or inadequate information provided by the Sponsor will be addressed per the provisions of paragraph 3 of this Agreement. 3 Rev. 01/01/11 (5) RESPONSIBILITY OF THE CONSULTANT (A) The Consultant shall comply with applicable local, state and federal laws and regulations governing these services, as published and in effect on the date of this Agreement. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the Sponsor as expressly established in this Agreement, consisting of published manuals and policies of MoDOT and FAA which shall be furnished by the Sponsor upon request. (B) Without limiting the foregoing, land acquisition, environmental, planning, design and construction criteria will be in accordance with the information set out in Exhibit II of this Agreement. (C) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and other services furnished under this Agreement. At any time during construction or during any phase of work performed by others based upon data, plans, designs, or specifications provided by the Consultant, the Consultant shall prepare any data, plans, designs, or specifications needed to correct any negligent acts, errors, or omissions of the Consultant or anyone for whom it is legally responsible in failing to comply with the foregoing standard. The services necessary to correct such negligent acts, errors, or omissions shall be performed without additional compensation, even though final payment may have been received by the Consultant. The Consultant shall provide such services as expeditiously as is consistent with professional performance. Acceptance of the services will not relieve the Consultant of the responsibility to correct such negligent acts, errors, or omissions. (D) Completed design reports, plans and specifications, plans /specifications submitted for review by permit authorities, and plans /specifications issued for construction shall be signed, sealed, and dated by a professional engineer registered in the State of Missouri. Incomplete or preliminary plans or other documents, when submitted for review by others, shall not be sealed, but the name of the responsible engineer, along with the engineer's Missouri registration number, shall be indicated on the design report, plans and specifications or included in the transmittal document. In addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor's activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. 4 Rev. 01/01/11 (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor's defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor. (6) NO SOLICITATION WARRANTY The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, 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, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Sponsor will have the right to terminate this Agreement without liability, or at 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, plus costs of collection including reasonable attorney's fees. (7) DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS (A) DBE Goal The following DBE goal has been established for this Agreement. The dollar value of services and related equipment, supplies, and materials used in furtherance thereof which is credited toward this goal will be based on the amount actually paid to DBE firms. The goal for the percentage of services to be awarded to DBE firms is 0% of the total Agreement dollar value. (B) Consultant's Certification Regarding DBE Participation The consultant's signature on this Agreement constitutes the execution of all DBE certifications which are a part of this Agreement. 1. Policy It is the policy of the U.S. Department of Transportation and the Sponsor that businesses owned by socially and economically disadvantaged individuals (DBE's) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Thus, the requirements of 49 CFR Part 26 and Section 1101(b) of the Transportation Equity Act for the 21st Century (TEA -21) apply to this Agreement. 2. Obligation of the Consultant to DBE's The Consultant agrees to assure that DBE's have the maximum opportunity to participate in the 5 Rev. 01/01/11 performance of this Agreement and any subconsultant agreement financed in whole or in part with federal funds. In this regard the Consultant shall take all necessary and reasonable steps to assure that DBE's have the maximum opportunity to compete for and perform services. The Consultant shall not discriminate on the basis of race, color, religion, creed, disability, sex, age, or national origin in the performance of this Agreement or in the award of any subsequent subconsultant agreement. 3. Geographic Area for Solicitation of DBE's The Consultant shall seek DBE's in the same geographic area in which the solicitation for other subconsultants is made. If the Consultant cannot meet the DBE goal using DBE's from that geographic area, the Consultant shall, as a part of the effort to meet the goal, expand the search to a reasonably wider geographic area. 4. Determination of Participation Toward Meeting the DBE Goal: DBE participation shall be counted toward meeting the goal as follows: A. Once a firm is determined to be a certified DBE, the total dollar value of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth above. B. The Consultant may count toward the DBE goal a portion of the total dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards, equal to the percentage of the ownership and control of the DBE partner in the joint venture. C. The Consultant may count toward the DBE goal expenditures to DBE's who perform a commercially useful function in the completion of services required in this Agreement. A DBE is considered to perform a commercially useful function when the DBE is responsible for the execution of a distinct element of the services specified in the Agreement and the carrying out of those responsibilities by actually performing, managing and supervising the services involved and providing the desired product. D. A Consultant may count toward the DBE goal its expenditures to DBE firms consisting of fees or commissions charged for providing a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of this Agreement, provided that the fee or commission is determined by the Sponsor to be reasonable and not excessive as compared with fees customarily allowed for similar services. E. The Consultant is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. 5. Replacement of DBE Subconsultants The Consultant shall make good faith efforts to replace a DBE Subconsultant, who is unable to perform satisfactorily, with another DBE Subconsultant. Replacement firms must be approved 6 Rev. 01/01/11 by the Sponsor and MODOT. 6. Verification of DBE Participation Prior to the release of the retained percentage by the Sponsor, the Consultant shall file a list with the Sponsor showing the DBE's used and the services performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation established in this Agreement. Failure on the part of the Consultant to achieve the DBE participation specified in this Agreement may result in sanctions being imposed on the Sponsor for noncompliance with 49 CFR Part 26 and/or Section 1101(b) of TEA -21. If the total DBE participation is less than the goal amount stated by the Sponsor, the Sponsor may sustain damages, the exact extent of which would be difficult or impossible to ascertain. Therefore, in order to liquidate such damages, the monetary difference between the amount of the DBE goal dollar amount and the amount actually paid to the DBE's for performing a commercially useful function will be deducted from the Consultant's payments as liquidated damages. If this Agreement is awarded with less than the goal amount stated above by the Sponsor, that lesser amount shall become the goal amount and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond the control of the Consultant, the DBE goal amount is not met. 7. Documentation of Good Faith Efforts to Meet the DBE Goal The Agreement goal established by the Sponsor is stated above in section (7)(A). The Consultant must document the good faith efforts it made to achieve that DBE goal, if the agreed percentage specified in section (7)(13)(8) below is less than the percentage stated in section (7)(A). Good faith efforts to meet this DBE goal amount may include such items as, but are not limited to, the following: A. Attended a meeting scheduled by the Sponsor to inform DBE's of contracting or consulting opportunities. B. Advertised in general circulation trade association and socially and economically disadvantaged business directed media concerning DBE subcontracting opportunities. C. Provided written notices to a reasonable number of specific DBE's that their interest in a subconsultant agreement is solicited in sufficient time to allow the DBE's to participate effectively. D. Followed up on initial solicitations of interest by contacting DBE's to determine with certainty whether the DBE's were interested in subconsulting work for this Agreement. E. Selected portions of the services to be performed by DBE's in order to increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down subconsultant agreements into economically feasible units to facilitate DBE participation). 7 Rev. 01/01/11 F. Provided interested DBE's with adequate information about plans, specifications and requirements of this Agreement. G. Negotiated in good faith with interested DBE's, and not rejecting DBE's as unqualified without sound reasons, based on a thorough investigation of their capabilities. K Made efforts to assist interested DBE's in obtaining any bonding, lines of credit or insurance required by the Sponsor or by the Consultant. I. Made effective use of the services of available disadvantaged business organizations, minority contractors' groups, disadvantaged business assistance offices, and other organizations that provide assistance in the recruitment and placement of DBE firms. 8. DBE Participation Obtained by Consultant The Consultant has obtained DBE participation, and agrees to use DBE firms to complete 0% of the total services to be performed under this Agreement, by dollar value. The DBE firms which the Consultant shall use, and the type and dollar value of the services each DBE will perform, is as follows: DBE FIRM NAME, STREET AND COMPLETE MAILING ADDDRESS TYPE OF DBE SERVICE TOTAL $ VALUE OF THE DBE SUBCONTRACT CONTRACT $ AMOUNT TO APPLY TO TOTAL DBE GOAL % OF SUBCONTRACT $ VALUE APPLICABLE TO TOTAL GOAL 9. Good Faith Efforts to Obtain DBE Participation If the Consultant's agreed DBE goal amount as specified in section (7)(13)(8) is less than the Sponsor's DBE goal given in section (7)(A), then the Consultant certifies that the following good faith efforts were taken by Consultant in an attempt to obtain the level of DBE participation set by the Sponsor in section (7)(A): (8) SUBCONSULTANTS (A) The Consultant agrees that except for those firms and for those services listed below, there shall be no transfer of engineering services performed under this Agreement without the written consent of the Sponsor. Subletting, assignment, or transfer of the services or any part thereof to any other corporation, partnership, or individual is expressly prohibited. Any violation of this clause will be 8 Rev, 01 /01 /11 deemed cause for termination of this Agreement. EXCEPTIONS (subconsultant information): FIRM NAME COMPLETE ADDRESS NATURE OF SERVICES (B) The Consultant agrees, and shall require the selected subconsultants, to maintain books, documents, papers, accounting records, and other evidence pertaining to direct costs and expenses incurred under the Agreement and to make such materials available at their offices at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement, for inspection by the Sponsor or any authorized representative of MoDOT or the federal government, and copies thereof shall be furnished. (C) Unless waived or modified by the Sponsor, the Consultant agrees to require, and shall provide evidence to the Sponsor, that those subconsultants shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance, for not less than the period of services under such subconsultant agreements, and in not less than the following amounts: 1. Commercial General Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 2. Automobile Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and (D) The subletting of the services will in no way relieve the Consultant of its primary responsibility for the quality and performance of the services to be performed hereunder and the Consultant shall assume full liability for the services performed by its subconsultants. (E) The payment for the services of any subconsultants will be reimbursed at cost by the Sponsor in accordance with the submitted invoices for such services, as set forth in paragraph (9), entitled "Fees and Payments ". (F) The Consultant agrees to furnish a list of any MoDOT approved DBE subconsultants under this Agreement upon the request of the Sponsor. Further, the Consultant agrees to report to the Sponsor on a monthly basis the actual payments 9 Rev. 01/01/11 made by the Consultant to such DBE subconsultants. (G) The Consultant agrees that any agreement between the Consultant and any subconsultant shall be an actual cost plus fixed fee agreement if the amount of the agreement between the Consultant and subconsultant exceeds $25,000. Subconsultant agreements for amounts of $25,000 or less may be lump sum or actual cost plus fixed fee as directed by the Sponsor. (9) FEES AND PAYMENTS: (A) The Consultant shall not proceed with the services described herein until the Consultant receives written authorization in the form of a Notice to Proceed from the Sponsor. (B) The amount to be paid to the Consultant by the Sponsor as full remuneration for the performance of all services called for in this Agreement will be on the following basis: labor, overhead and profit will be paid for as a lump sum cost of $7,345.88, direct expenses will be paid for at actual cost with a not to exceed amount of $500.00 for a total not to exceed amount payable of $7,941.08. A breakout of the estimated costs is shown in Exhibit IV, "Derivation of Consultant Project Costs ", and Exhibit V, "Engineering Basic and Special Services -Cost Breakdown" attached hereto and made a part of this Agreement. Payment under the provisions of this Agreement is limited to those costs incurred in accordance with generally accepted accounting principles; to the extent they are considered necessary to the execution of the item of service. (C) The Consultant's fee shall include the hourly salary of each associate and employee, salary- related expenses, general overhead, and direct non - salary costs as allowed by 48 CFR Part 31, the Federal Acquisition Regulations (FAR), and 23 CFR 172, Administration of Engineering and Design Related Service Contracts. The hourly salary of each associate and employee is defined as the actual productive salaries expended to perform the services. The other billable costs for the project are defined as follows: 1. Salary- related expenses are additions to payroll cost for holidays, sick leave, vacation, group insurance, worker's compensation insurance, social security taxes (FICA), unemployment insurance, disability taxes, retirement benefits, and other related items. 2. General overhead cost additions are for administrative salaries (including non - productive salaries of associates and employees), equipment rental and maintenance, office rent and utilities, office maintenance, office supplies, insurance, taxes, professional development expenses, legal and audit fees, professional dues and licenses, use of electronic computer for accounting, and other related items. 3. Direct non -salary costs incurred in fulfilling the terms of this 10 Rev. 01 /01 /11 Agreement, such as but not limited to travel and subsistence, subcontract services, reproductions, computer charges, materials and supplies, and other related items, will be charged at actual cost without any override or additives. 4. The additions to productive salaries for Items 9(C) 1 and 2 will be established based on the latest audit. 5. The Consultant shall provide a detailed manhour /cost breakdown for each phase of the project indicating each job classification with base wage rates and the number of hours associated with each phase. The breakdown shall include work activities and be in sufficient detail to reflect the level of effort involved. This information shall be attached hereto and made a part of this Agreement as Exhibit V "Engineering Basic and Special Services -Cost Breakdown ". 6. The Consultant shall provide a detailed breakdown of all subconsultant fees, including overhead and profit. 7. The Consultant shall provide a detailed breakdown of all travel expense, living expense, reproduction expense and any other expense that may be incurred throughout the project. These expenses must be project specific and not covered in or by an overhead rate. 8. The property and equipment used on this project such as automotive vehicles, survey equipment, office equipment, etc., shall be owned, rented, or leased by the Consultant, and charges will be made to the project for the use of such property at the rate established by company policies and practices. Approval of the Sponsor and MoDOT will be required prior to acquisition of reimbursable special equipment. (D) The Consultant shall submit an invoice for services rendered to the Sponsor not more than once every month. A progress summary indicating the current status of the services shall be submitted along with each invoice. Upon receipt of the invoice and progress summary, the Sponsor will, as soon as practical, but not later than 45 days therefrom, pay the Consultant for the services rendered, to the extent of ninety - eight percent (98 %) of the amount of the lump sum fee earned plus direct costs as reflected by the estimate of the portion of the services completed as shown by the progress summary, less partial payments previously made. A late payment charge of one and one half percent (1.5 %) per month shall be assessed for those invoiced amounts not paid, through no fault of the Consultant, within 45 days after the Sponsor's receipt of the Consultant's invoice. The Sponsor will not be liable for the late payment charge on any invoice which requests payment for costs which exceed the proportion of the maximum amount payable earned as reflected by the estimate of the portion of the services completed, as shown by the progress summary. Two percent (2 %) of the amount earned will be retained by the Sponsor until the design services as covered by the Agreement are completed by the Consultant and approved by the Sponsor and MoDOT. The payment will be subject to final audit of actual expenses during the period of the Agreement. Upon completion and acceptance of the services required by 11 Rev. 01 /01 /11 paragraph (2), "Scope of Services," the two percent (2 %) retainage will be paid to the Consultant. In the alternative to withholding the two percent (2 %) retainage as set forth above, the Sponsor may accept a letter of credit or the establishment of an escrow account, in the amount of said two percent (2 %) retainage and upon such other terms and conditions as may be acceptable to the Sponsor and the Consultant. If a letter of credit or escrow account is not acceptable to the Sponsor, then the two percent (2 %) retainage will control. (10) PERIOD OF SERVICE (A) The services, and if more than one then each phase thereof, shall be completed in accordance with the schedule contained in Exhibit VI, "Performance Schedule," attached hereto and made a part of this Agreement. The Consultant and the Sponsor will be required to meet this schedule. (B) The Sponsor will grant time extensions for delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant. Requests for extensions of time shall be made in writing by the Consultant, before that phase of work is scheduled to be completed, stating fully the events giving rise to the request and justification for the time extension requested. Such extension of time shall be the sole allowable compensation for all such delays. The Consultant may also receive an equitable adjustment in the maximum amount payable, provided the consultant can document the additional cost resulting from the delay. Any extensions or additional costs shall be subject to MoDOT approval. (C) The Consultant and Sponsor agree that time is of the essence, and the Consultant and Sponsor will be required to meet the schedules in this Agreement. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant, no claim for damage shall be made by either party. The anticipated date of completion of the work, including review time, is stated in Exhibit VI of this Agreement. An extension of time shall be the sole allowable compensation for any such delays. The Consultant may also receive an equitable adjustment in the maximum amount payable, provided the consultant can document the additional cost resulting from the delay. Any extensions or additional costs shall be subject to MoDOT approval. (D) As used in this provision, the term "delays due to unforeseeable causes" includes the following: 1. War or acts of war, declared or undeclared; 2. Flooding, earthquake, or other major natural disaster preventing the Consultant from performing necessary services at the project site, or in the Consultant's offices, at the time such services must be performed; 3. The discovery on the project of differing site conditions, hazardous substances, or other conditions which, in the sole judgment of the Sponsor, 12 Rev. 01/01/11 justifies a suspension of the services or necessitates modifications of the project design or plans by the Consultant; 4. Court proceedings; 5. Changes in services or extra services. (11) SUSPENSION OR TERMINATION OF AGREEMENT (A) The Sponsor may, without being in breach hereof, suspend or terminate the Consultant's services under this Agreement, or any part of them, for cause or for the convenience of the Sponsor, upon giving to the Consultant at least fifteen (15) days' prior written notice of the effective date thereof. The Consultant shall not accelerate performance of services during the fifteen (15) day period without the express written request of the Sponsor. (B) Should the Agreement be suspended or terminated for the convenience of the Sponsor, the Sponsor will pay to the Consultant its costs as set forth in paragraph (9)(B), including a proportional amount of the lump sum fee based upon an estimated percentage of Agreement completion prior to such suspension or termination, direct costs as defined in this Agreement for services performed by the Consultant plus reasonable costs incurred by the Consultant in suspending or terminating the services. The payment will make no other allowances for damages or anticipated fees or profits. In the event of a suspension of the services, the Consultant's compensation and schedule for performance of services hereunder shall be equitably adjusted upon resumption of performance of the services. (C) The Consultant shall remain liable to the Sponsor for any claims or damages occasioned by any failure, default, or negligent errors and /or omission in carrying out the provisions of this Agreement during its life, including those giving rise to a termination for non - performance or breach by Consultant. This liability shall survive and shall not be waived, or estopped by final payment under this Agreement. (D) The Consultant shall not be liable for any errors or omissions contained in deliverables which are incomplete as a result of a suspension or termination where the Consultant is deprived of the opportunity to complete the Consultant's services. (E) Upon the occurrence of any of the following events, the Consultant may suspend performance hereunder by giving the Sponsor 30 days advance written notice and may continue such suspension until the condition is satisfactorily remedied by the Sponsor. In the event the condition is not remedied within 120 days of the Consultant's original notice, the Consultant may terminate this agreement. 1. Receipt of written notice from the Sponsor that funds are no longer available to continue performance. 13 aeN . 01/01/11 2. The Sponsor 's persistent failure to make payment to the Consultant in a timely manner. 3. Any material contract breach by the Sponsor. (12) OWNERSHIP OF DRAWINGS AND DOCUMENTS (A) All drawings and documents prepared in performance of this Agreement shall be delivered to and become the property of the Sponsor upon suspension, abandonment, cancellation, termination, or completion of the Consultant's services hereunder; provided, however, 1. The Consultant shall have the right to their future use with written permission of the Sponsor; 2. The Consultant shall retain its rights in its standard drawing details, designs, specifications, CADD files, databases, computer software, and any other proprietary property; and 3. The Consultant shall retain its rights to intellectual property developed, utilized, or modified in the performance of the services subject to the following: A. Copyrights. Sponsor, as the contracting agency, reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Governmental purposes: 1. The copyright in any works developed under this agreement, or under a subgrant or contract under this agreement; and H. Any rights of copyright to which Sponsor, its consultant or subconsultant purchases ownership with payments provided by this agreement. B. Patents. Rights to inventions made under this agreement shall be determined in accordance with 37 C.F.R. Part 401. The standard patent rights clause at 37 C.F.R. § 401.14, as modified below, is hereby incorporated by reference. I. The terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from paragraph (g)(1) of the clause; II. Paragraphs(g)(2) and (g)(3) of the clause shall be deleted; and 14 Rev. 01/01/11 III. Paragraph (1) of the clause, entitled "communications" shall read as follows: "(1) Communications. All notifications required by this clause shall be submitted to the Sponsor ". IV. The following terms in 37 C.F.R. 401.14 shall for the purpose of this Agreement have the following meaning: Contractor - Consultant Government and Federal Agency - Sponsor Subcontractor - Subconsultant 4. Basic survey notes, design computations, and other data prepared under this Agreement shall be made available for use by the Sponsor without further compensation and without restriction or limitation on their use. (B). Electronically Produced Documents: 1. Electronically produced documents will be submitted to the Sponsor in data files compatible with Microstation (specify CADD version). The Consultant makes no warranty as to the compatibility of the data files beyond the above specified release or version of the stated software. 2. Because data stored on electronic media can deteriorate undetected or be modified without the Consultant's knowledge, the electronic data files submitted to the Sponsor will have an acceptance period of 60 days after receipt by the Sponsor. If during that period the Sponsor finds any errors or omissions in the files, the Consultant will correct the errors or omissions as a part of this Agreement. The Consultant will not be responsible for maintaining copies of the submitted electronic data files after the acceptance period. 3. Any changes requested after the acceptance period will be considered additional services for which the Consultant shall be reimbursed at the hourly rates established herein plus the cost of materials. 4. The data on the electronic media shall not be considered the Consultant's instrument of service. Only the submitted hard copy documents with the Consultant Engineer's seal on them will be considered the instrument of service. The Consultant's nameplate shall be removed from all electronic media provided to the Sponsor. (C) The Sponsor may incorporate any portion of the deliverables into a project other than that for which they were performed, without further compensation to the Consultant; provided however, that (1) such deliverables shall thereupon be 15 Rev 01/01/11 deemed to be the work product of the Sponsor and the Sponsor shall use same at its sole risk and expense; and (2) the Sponsor shall remove the Consultant's name, seal, endorsement, and all other indices of authorship from the deliverables. (13) DECISIONS UNDER THIS AGREEMENT AND DISPUTES (A) The Sponsor will determine the acceptability of the drawings, specifications, and estimates and all other deliverables to be furnished, and will decide the questions that may arise relative to the proper performance of this Agreement. The determination of acceptable deliverables may occur following final payment, and as late as during the construction of the project which decisions shall be conclusive, binding and incontestable, if not arbitrary, capricious or the result of fraud. (B) The Sponsor will decide all questions which may arise as to the quality, quantity, and acceptability of services performed by Consultant and as to the rate of progress of the services; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the Agreement on the part of the Consultant; the proper compensation for performance or breach of the Agreement; and all claims of any character whatsoever in connection with or growing out of the services of the Consultant, whether claims under this Agreement or otherwise. The Sponsor's decisions shall be conclusive, binding and incontestable if not arbitrary, capricious or the result of fraud. (C) If the Consultant has a claim for payment against the Sponsor which in any way arises out of the provisions of this Agreement or the performance or non - performance hereunder, written notice of such claim must be made in triplicate within sixty (60) days of the Consultant's receipt of payment for the retained percentage. Notwithstanding paragraph 22 of this Agreement, the notice of claim shall be personally delivered or sent by certified mail to the Sponsor. The notice of claim shall contain an itemized statement showing completely and fully the items and amounts forming the basis of the claim and the factual and legal basis of the claim. (D) Any claim for payment or an item of any such claim not included in the notice of claim and itemized statement, or any such claim not filed within the time provided by this provision shall be forever waived, and shall neither constitute the basis of nor be included in any legal action, counterclaim, set -off, or arbitration against the Sponsor. (E) The claims procedure in paragraphs 13 (C) and (D) do not apply to any claims of the Sponsor against the Consultant. Further, any claims of the Sponsor against the Consultant under this Agreement are not waived or estopped by the claims procedure in paragraphs 13 (C) and (D). (F) Not withstanding paragraphs (A) through (E) above, in the event of any material dispute hereunder, both parties agree to pursue, diligently and in good faith, a mutually acceptable resolution. 16 Rev. 01/01/11 (14) SUCCESSORS AND ASSIGNS The Sponsor and the Consultant agree that this Agreement and all agreements entered into under the provisions of this Agreement shall be binding upon the parties hereto and their successors and assigns. (15) INDEMNIFICATION RESPONSIBILITY (A) The Consultant agrees to save harmless the Sponsor, MoDOT and the FAA from all liability, losses, damages, and judgments for bodily injury, including death, and property damage to the extent due to the Consultant's negligent acts, errors, or omissions in the services performed or to be performed under this Agreement, including those negligent acts, errors, or omissions of the Consultant's employees, agents, and subconsultants. (B) The Consultant shall be responsible for the direct damages incurred by the Sponsor as result of the negligent acts, errors, or omissions of the Consultant or anyone for whom the Consultant is legally responsible, and for any losses or costs to repair or remedy construction as a result of such negligent acts, errors or omissions; provided, however, the Consultant shall not be liable to the Sponsor for such losses, costs, repairs and/or remedies which constitute betterment of or an addition of value to the construction or the project. (C) Neither the Sponsor 's review, approval or acceptance of, or payment for, any services required under this Agreement, nor the termination of this Agreement prior to its completion, will be construed to operate as a waiver of any right under this Agreement or any cause of action arising out of the performance of this Agreement. This indemnification responsibility survives the completion of this Agreement, as well as the construction of the project at some later date, and remains as long as the construction contractor may file or has pending a claim or lawsuit against the Sponsor on this project arising out of the Consultant's services hereunder. (16) INSURANCE (A) The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents, and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. (B) The Consultant shall also maintain professional liability insurance to protect the Consultant against the negligent acts, errors, or omissions of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. (C) The Consultant's insurance coverages shall be for not less than the 17 Rev. 01/01/11 following limits of liability: 1. Commercial General Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 2. Automobile Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and 4. Professional ( "Errors and Omissions ") Liability: $1,000,000.00, each claim and in the annual aggregate. (D) The Consultant shall, upon request at any time, provide the Sponsor with certificates of insurance evidencing the Consultant's commercial general or professional liability ( "Errors and Omissions ") policies and evidencing that they and all other required insurance is in effect, as to the services under this Agreement. (E) Any insurance policy required as specified in paragraph No. (16) shall be written by a company which is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. (17) CONSTRUCTION PHASE OF THE PROJECT (A) This Agreement does not include construction phase services. Review of shop drawings and other construction phase services can be added by Supplemental Agreement after design has been completed and the construction contract period has been determined. (B) Because the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the construction contractor(s)' methods of determining prices, or over competitive bidding or market conditions, any of the Consultant's opinions of probable project costs and /or construction cost, if provided for herein, are to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified design professional, familiar with the construction industry, but the Consultant cannot and does not guarantee that proposals, bids, or actual total project costs and /or construction costs will not vary from opinions of probable costs prepared by the Consultant. (C) The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the construction work, since these are solely the construction contractor(s)' responsibility under the construction contract(s). The Consultant shall not be responsible for the construction contractor(s)' schedules or failure to carry out the construction work in accordance with 18 Rev. 01 /01 /II the construction contract(s). The Consultant shall not have control over or charge of acts of omissions of the construction contractor(s), or any of its or their subcontractors, agents, or employees, or of any other persons performing portions of the construction work. (18) NONDISCRIMINATION ASSURANCE With regard to services under this Agreement, the Consultant agrees as follows: (A) Civil Rights Statutes The Consultant shall comply with all state and federal statutes related to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 2000e), as well as with any applicable titles of the Americans With Disabilities Act (42 U.S.C. 12101, et seq.). In addition, if the Consultant is providing services or operating programs on behalf of the Sponsor or MoDOT, the Consultant shall comply with all applicable provisions of Title II of the Americans With Disabilities Act. (B) Executive Order The Consultant shall comply with all provisions of Executive Order 94 -03, issued by the Honorable Mel Carnahan, Governor, on January 14, 1994, promulgating a code of fair practices in regard to nondiscrimination, which executive order is incorporated herein by reference and made a part of this Agreement. This Executive Order 94 -03 prohibits discriminatory employment practices by the Consultant or its subconsultants based upon race, color, religion, creed, national origin, sex, disability, veteran status, or age. (C) Administrative Rules The Consultant shall comply with the USDOT rules relative to nondiscrimination in federally assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which rules are incorporated herein by reference and made a part of this Agreement. (D) Nondiscrimination The Consultant shall not discriminate on the grounds of race, color, religion, creed, sex, disability, national origin, age, or ancestry of any individual in the selection and retention of subconsultants, including the procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including in its employment practices. (E) The Solicitation for Subcontracts Including the Procurements of Material and Equipment These assurances which concern nondiscrimination also apply to the subconsultants and suppliers of the Consultant. In all solicitations either by competitive bidding or negotiation made by the Consultant for services to be performed under a subcontract (including procurement of materials or equipment), each potential subconsultant or supplier shall be notified by the Consultant of the requirements of this Agreement relative to nondiscrimination on the grounds of the race, color, religion, creed, sex, disability, national origin, age, or ancestry of any individual. (F) Information and Reports The Consultant shall provide all information and reports required by this Agreement, or orders and instructions issued 19 Rev. 01/01/11 pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the USDOT to be necessary to ascertain compliance with other contracts, orders, and instructions. Where any information which is required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Sponsor or the USDOT as appropriate, and shall set forth what efforts the Consultant has made to obtain the information. (G) Sanctions for Noncompliance In the event the Consultant fails to comply with the nondiscrimination provisions of this Agreement, the Sponsor shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Consultant under this Agreement until the Consultant and its subconsultant(s) comply; or 2. The cancellation, termination, or suspension of this Agreement, in whole or in part; or both. (H) Incorporation of Provision The Consultant shall include these nondiscrimination provisions in every subcontract it makes relating to this project, including the procurement of materials and lease of equipment, unless exempted by federal law, or USDOT regulations or instructions. The Consultant shall take such action with respect to any subcontract or procurement as the Sponsor or MoDOT may direct as a means of enforcing these provisions, including sanctions for noncompliance; provided that in the event the Consultant becomes involved or is threatened with litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The Consultant shall take the acts which may be required to fully inform itself of the terms of, and to comply with, said state and federal laws. (19) AVIATION FEDERAL AND STATE CLAUSES (A) Airport and Airway Improvement Act of 1982, Section 520 General Civil Rights Provisions, (Version I, 1/5/90): The Consultant assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the consultant or its transferee for the period during which Federal assistance is extended to the airport aid program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport commission or any provision of similar services or 20 Rev 01/01/11 benefits or (b) the period during which the airport commission or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. (B) Rights to Inventions - 49 CFR Part 18 (Version I, 1/5/90) All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal Grant under which this contract is executed. Information regarding these rights is available from the Sponsor or the FAA. (C) Breach of Contract Terms Sanctions - 49 CFR Part 18, (Version I, 1/5/90) Any violation or breach of the terms of this contract on the part of the Consultant or Subcontractor / Subconsultant may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. (D) Trade Restrictions Clause - 49 CFR Part 30 (Version 1 1/5/90) 1. The Consultant or subconsultant, by submission of an offer and /or execution of a contract, certifies that it: A. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade representatives (USTR). B. has not knowingly entered into any contract or subcontract for this project with a Consultant that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals or foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. 2. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or subconsultant who is unable to certify to the above. If the consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the FAA may direct, through the Sponsor, cancellation or the agreement at no cost to the Sponsor, MoDOT or the Federal Government. 3. Further, the Consultant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without 21 Rev. 01/01/11 modification in each contract and in all lower tier subcontracts. The Consultant may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. 4. The Consultant shall provide immediate written notice to the Sponsor if the Consultant learns that its certification or that of a Subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstance. The subcontractor /subconsultant agrees to provide immediate written notice to the Consultant, if at any time it learns its certification was erroneous by reason of changed circumstances. 5. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Consultant or subconsultant knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Agreement or subcontract for default at no cost to the Sponsor or the Federal Government. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. This certification concerns a matter within the jurisdiction an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. (E) The consultant certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. (F) Energy Policy and Conservation Act The consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94 -163). (20) ACTIONS No action may be brought by either party hereto concerning any matter, thing, or dispute arising out of or relating to the terms, performance, non- performance, or otherwise of this Agreement except in the Circuit Court of Scott County, 22 ac� _ 01/01/11 Missouri. The parties agree that this Agreement is entered into at Cape Girardeau, Missouri and substantial elements of its performance will take place or be delivered at Cape Girardeau, Missouri, by reason of which the Consultant consents to venue of any action against it in Scott County, Missouri. The Consultant shall cause this provision to be incorporated into all of its agreements with, and to be binding upon, all subconsultants of the Consultant in the performance of this Agreement. (21) AUDIT OF RECORDS For purpose of an audit, the Consultant shall maintain all those records relating to direct costs and expenses incurred under this Agreement, including but not limited to invoices, payrolls, bills, receipts, etc. These records must be available at all reasonable times to the Sponsor, MoDOT and the FAA or their designees and representatives, at the Consultant's offices, at no charge, during the Agreement period and any extension thereof, and for the three (3) year period following the date of final payment made under this Agreement. If the Sponsor has notice of a potential claim against the Consultant and /or the Sponsor based on the Consultant's services under this Agreement, the Consultant, upon written request of the Sponsor, shall retain and preserve its records until the Sponsor has advised the Consultant in writing that the disputed claim is resolved. (22) NOTICE TO THE PARTIES All notices or communications required by this Agreement shall be made in writing, and shall be effective upon receipt by the Sponsor or the Consultant at their respective addresses of record. Letters or other documents which are prepared in 8.5 x 11 inch format may be delivered by telefax, provided that an original is received at the same address as that to which that telefax message was sent, within three (3) business days of the telefax transmission. Either party may change its address of record by written notice to the other party. (A) Notice to the Sponsor Notices to the Sponsor shall be addressed and delivered to the following Sponsor's representative, who is hereby designated by the Sponsor as its primary authorized representative for administration, interpretation, review, and enforcement of this Agreement and the services of the Consultant hereunder: NAME AND TITLE OF SPONSOR'S REPRESENTATIVE LO Bruce y SPONSOR'S NAME City of Cape Girardeau SPONSOR'S ADDRESS 860 Limbaugh Drive Cape Girardeau, MO 63780 PHONE 573- 334 -6230 FAX E -MAIL ADDRESS bloy @cityofcapegirardeau.gov The Sponsor reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act 23 Rev. 01/01/11 upon its behalf generally or in limited capacities, as the Sponsor may now or hereafter deem appropriate. Such substitution or designations shall be made by the Sponsor in a written notice to the Consultant. (B) Notice to the Consultant Notices to Consultant shall be addressed and delivered to Consultant's representative, as follows: NAME AND TITLE OF CONSULTANT'S REPRESENTATIVE T Sander Y CONSULTANT'S NAME Crawford, Murphy and Tilly Inc. CONSULTANT'S ADDRESS One Memorial Drive, Suite 500 St. Louis, MO 63102 PHONE 314- 436 -5500 FAX 314- 436 -0723 E -MAIL ADDRESS tsander @cmtengr.com The Consultant reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act upon its behalf generally or in limited capacities, as the Consultant may now or hereafter deem appropriate. Such substitutions or designations shall be made by the Consultant's president or chief executive officer in a written notice to the Sponsor. (23) LAW OF MISSOURI TO GOVERN This Agreement shall be construed according to the laws of the State of Missouri. The Consultant shall comply with all local, state, and federal laws and regulations which govern the performance of this Agreement. (24) CONFIDENTIALITY The Consultant agrees that the Consultant's services under this Agreement is a confidential matter between the Consultant and the Sponsor. The Consultant shall not disclose any aspect of the Consultant's services under this Agreement to any other person, corporation, governmental entity, or news media, excepting only to such employees, subconsultants, and agents as may be necessary to allow them to perform services for the Consultant in the furtherance of this Agreement, without the prior approval of the Sponsor; provided, however, that any confidentiality and non - disclosure requirements set out herein shall not apply to any of the Consultant's services or to any information which (1) is already in the public domain or is already in the Consultant's possession at the time the Consultant performs the services or comes into possession of the information, (2) is received from a third party without any confidentiality obligations, or (3) is required to be disclosed by governmental or judicial order. Any disclosure pursuant to a request to the Sponsor under Chapter 610, RSMo, shall not constitute a breach of this Agreement. The content and extent of any authorized disclosure shall be coordinated fully with and under the direction of the Sponsor, in advance. 24 Rev 01101/11 (25) SOLE BENEFICIARY This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Sponsor and the Consultant. (26) SEVERABILITY AND SURVIVAL (A) Any provision or part of this Agreement 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 Sponsor and the Consultant. (B) All express representations, indemnifications, or limitations of liability made or given in this Agreement will survive the completion of all services by the Consultant under this Agreement or the termination of this Agreement for any reason. (27) PAYMENT BOND In the event a subconsultant is used for any services under this Agreement, Consultant shall provide a payment bond under Section 107.170 RSMo. Supp., as amended, for any services which are printing, aircraft, archaeology, surveying, hazardous waste or geotechnical including but not limited to the collection of soil samples. Any payment bond must be acceptable to the Sponsor and must be provided prior to the performance of service. The cost for the payment bond must have been included in the fee of the Consultant under this Agreement. A payment bond shall not be required for subconsultant services for which the aggregate costs are $25,000 or less or when the subconsultant is an engineering firm that is performing non - engineering services per current MoDOT policy. (28) CERTIFICATION ON LOBBYING Since federal funds are being used for this agreement, the consultant's signature on this agreement constitutes the execution of all certifications on lobbying which are required by 49 CFR Part 20 including Appendix A and B to Part 20. Consultant agrees to abide by all certification or disclosure requirements in 49 CFR Part 20 which are incorporated herein by reference. (29) ATTACHMENTS The following Exhibits and other documents are attached to and made a part of this Agreement: (A) Exhibit I : Project Description. (B) Exhibit II : Scope of Services. (C) Exhibit IIA Current FAA Advisory Circulars, Standards, Guidance and MoDOT Standards (D) Exhibit III Services Provided by the Sponsor. (E) Exhibit IV : Derivation of Consultant Project Costs. (F) Exhibit V : Engineering Basic and Special Services - Cost Breakdown. (G) Exhibit VI : Performance Schedule 25 Rev. 01/01 /11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officials. Executed by the Consultant the day of 20 Executed by the Sponsor the day of 20 Sponsor: City of Cape Giarardeau Consultant: Crawford, Murphy and Tilly Signature Title: ATTEST: M Signature in Signature Title: President ATTEST: Signature Title: Title: 26 Rev_ 01/0 /11 MO -311111111I PROJECT DESCRIPTION Assist the City in the procurement of new snow removal equipment utilizing City generated technical specifications in a manner eligible for reimbursement through an FAA Airport Improvement Program (AIP) grant. Exhibit I -1 mill SCOPE OF SERVICES The Consultant, in consideration of the payment on the part of the Sponsor, agrees to perform the engineering services enumerated as follows: The Consultant will produce procurement documents utilizing City generated technical specifications. The Consultant will assist the Sponsor with the preparation of any addenda during the bidding process. All services will be performed in accordance with all applicable federal, state and local laws, ordinances, regulations and codes, together with good engineering practice and applicable FAA advisory circulars (AC's), standards, guidance and /or agency orders and MoDOT requirements and changes /revisions current at the time of execution of this Agreement including but not limited to those listed on attached EXHIBIT IIA. The Consultant shall not proceed with services herein until a notice -to- proceed is received from the Sponsor unless otherwise requested by the Sponsor. The following is a detailed description of the specific services that are required by this Agreement. BASIC SERVICES 1. Preliminary a. N/A 2. Design Phase a. Prepare procurement contract documents utilizing technical specifications generated by the City in accordance with current MoDOT and FAA standards, and other criteria. 1) Prepare procurement documents: This effort may entail the following specific scope items: ® Preparation of FAA needs calculations. ® Review of City generated technical specifications with FAA procurement guidance. Formatting of City technical specifications for the procurement document. 9 Prepare Contract Documents. 2) Submit Contract Documents/Technical Specifications to the Exhibit II -1 Sponsor and MoDOT for review and comments. The Sponsor will be provided with two (2) copies and MoDOT one (1) copy. 3) Finalize Contract DocumentslTechnical Specifications with consideration of preliminary review comments from the Sponsor and MoDOT. 6) Submit final Contract Documents/Technical Specifications (2 copies), Engineer's Opinion of Probable Construction Cost and Project Budget to the Sponsor and MoDOT. 3. Bidding Phase a. Assist the Sponsor with advertisement for bids and send "Notice to Bidders" to prospective contractors. (Sponsor shall place advertisements in appropriate media.) b. Print and distribute Construction Plans and Contract Documents/Technical Specifications to plan holding houses and prospective Bidders. C. Answer questions, clarify points, and issue addenda as necessary pertaining to the Construction Plans and Contract Documents/Technical Specifications during the bidding phase. d. There will be no prebidding meeting. e. The City shall conduct the bid opening and provide the results to the Engineer. The Engineer shall tabulate and analyze bid results, review qualifications, and make recommendation of contract award to Sponsor. CONSTRUCTION SERVICES Not Applicable Exhibit II -2 EXHIBIT IIA FAA Advisory Circulars, Standards, Guidance and Commission Standards Revision 01/01/11 Sponsor is responsible to check the FAA website for the most current Advisory Circulars, AIP sponsor guides, and engineering briefs at the time of execution of the project consultant agreement. They are available on the FAA Central Region website at: http 011' w,faa govr ortsf'resourcest'a viso circa a.rs/ NUMBER TITLE 70/7460 -1 K Obstruction Marking and Lighting Change 1 150/5050 -8 Environmental Management Systems for Airport Sponsor's 150/5070 -68 Airport Master Plans Change 1 150/5100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100 -15A Civil Rights Requirements for the Airport Improvement Program 150/5100 -17 Land Acquisition and Relocation Assistance for Airport Improvement Program Changes 1 -6 Assisted Projects 150/5190 -6 Exclusive Rights at Federally - Obligated Airports 150/5200 -28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200 -30C Airport Winter Safety and Operations 150/5200 -32A Reporting Wildlife Aircraft Strikes 150/5200 -33B Hazardous Wildlife Attractants on or Near Airports 150/5200 -34A Construction or Establishment of Landfills Near Public Airports Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments 150/5200 -36 and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports 150/5200 -37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5210 -5D Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210 -20 Ground Vehicle Operations on Airports Change 1 150/5210 -24 Airport Foreign Object Debris (FOD) Management 150/5220 -10D Guide Specification for Aircraft Rescue and Fire Fighting Vehicles Exhibit IIA -1 150/5220 -16C Automated Weather Observing Systems (AWOS) for Non Federal Applications 150/5220 -18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -20 Airport Snow and Ice Control Equipment Change 1 150/5220 -23 Frangible Connections 150/5230 -4A Aircraft Fuel Storage, Handling, and Dispensing on Airports 150/5300 -713 FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes 150/5300 -98 Predesign, Prebid and Preconstruction Conferences for Airport Grant Projects 150/5300 -13 Airport Design Changes 1 -15 150/5300 -14B Design of Aircraft Deicing Facilities 150/5300 -15A Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5300 -16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey General Guidance and Specifications for Aeronautical Survey Airport Imagery 150/5300 -17B Acquisition and Submission to the National Geodetic Survey General Guidance and Specifications for Submission of Aeronautical Surveys " 150/5300 -18B to NGS: Field Data Collection and Geographic Information System (GIS) Standards 150/5320 -5C Surface Drainage Design Change 1 150/5320 -6E Airport Pavement Design and Evaluation 150/5320 -12C Measurement, Construction, and Maintenance of Skid Resistant Airport Changes 1 -8 Pavement Surfaces 150/5320 -17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5325 -413 Runway Length Requirements for Airport Design 150/5335 -5A Standardized Method of Reporting Airport Pavement Strength -PCN 150/5340 -1 K Standards for Airport Markings 150/5340 -5C Segmented Circle Airport Marker System 150/5340 -18F Standards for Airport Sign Systems 150/5340 -26B Maintenance of Airport Visual Aid Facilities Exhibit IIA -2 150/5340 -30E Design and Installation Details for Airport Visual Aids 150/5345 -3G Specification for L -821 Panels for Control to Airport Lighting 150/5345 -513 Specifications for Airport Lighting Circuit Selector Switch 150/5345 -7E Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 -10G Specification for Constant Current Regulators Regulator Monitors 150/5345 -12F Specification for Airport and Heliport Beacon 150/5345 -13B Specification for L -841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26D Specification for L -823, Plug and Receptacle, Cable Connectors 150/5345 -27D Specification for Wind Cone Assemblies 150/5345 -28F Precision Approach Path Indicator Systems (PAPI) 150/5345 -39C Specification for L -853, Runway and Taxiway Retroreflective Markers 150/5345 -42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345 -43F Specification for Obstruction Lighting Equipment 150/5345 -44J Specification for Taxiway and Runway Signs 150/5345 -45C Low- Impact Resistant (LIR) Structures 150/5345 -46D Specification for Runway and Taxiway Light Fixtures 150/5345 -47B Isolation Transformers for Airport Lighting Systems 150/5345 -49C Specification L -854, Radio Control Equipment 150/5345 -50B Specification for Portable Runway and Taxiway Lights 150/5345 -51 B Specification for Discharge -Type Flasher Equipment 150/5345 -52A Generic Visual Glideslope Indicators (GVSI) 150/5345 -53C Airport Lighting Equipment Certification Program & Addendum 150/5345 -54B Specification for L -884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345 -55A Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345 -56A Specification for L -890, Airport Lighting Control and Monitoring System 150/5360 -9 Planning and Design of Airport Terminal Facilities at Non -Hub Locations 150/5360 -12E Airport Signing & Graphics Exhibit IIA -3 150/5360 -13 Planning and Design Guidance for Airport Terminal Facilities 150/5360 -14 Access to Airports by Individuals with Disabilities 150/5370 -2E Operational Safety on Airports During Construction 150/5370 -6D Construction Progress and Inspection Report-- Airport Improvement Program 150/5370 -10E Standards for Specifying Construction of Airports 150/5370 -11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370 -12A Quality Control of Construction for Airport Grant Projects 150/5370 -13A Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370 -14A Hot Mix Asphalt Paving Handbook 150/5370 -15A Airside Applications for Artificial Turf 150/5370 -16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5380 -66 : Guidelines and Procedures for Maintenance of Airport Pavements 150/5380 -7A Airport Pavement Management Program 150/5380 -8A Handbook for Identification of Alkali - Silica Reactivity in Airport Pavements 150/5380 -9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390 -2B Heliport Design FAA 910 - Predesign Conference FAA 920 — Engineer's Report (& Pavement Design) FAA 940 —Regional Approved Modifications to AC 150/5370 -10 FAA 950 — Sponsor Modifications to FAA Standards FAA 960 - Safety Plan FAA 1040 — Preconstruction Conference FAA 1060 - Labor Provisions FAA 1100 — Runway Commissioning FAA 1310 — Environmental Site Assessment FAA 1750 - Pavement Maintenance FAA Engineering Briefs MoDOT MoDOT DBE Program The MoDOT DBE Program is available on the MoDOT website at the following address: http ttwww modot ma govtbusiness /contractor resources /externalcivilrights.htm Exhibit IIA -4 SERVICES PROVIDED BY THE SPONSOR The Sponsor, as a part of this Agreement, shall provide the following: 1. Assist the Consultant in arranging to enter upon public and private property as required for the Consultant to perform his services. 2. Obtain approvals and permits from all governmental entities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 3. Prompt written notice to the Consultant whenever the Sponsor observes or knows of any development that affects the scope or timing of the Consultant's services. 4. One (1) copy of existing plans, standard drawings, bid item numbers, reports or other data the Sponsor may have on file with regard to this project. 5. All payments to landowners or tenants associated with the acquisition of the required property rights prior to or concurrent with closing. 6. All staff, procedures and activities related to acquiring the property , including but not limited to appraisals, reviews, negotiations, relocation assistance and eminent domain. 7. Pay all publishing cost for advertisements of notices, public hearings, request for proposals and other similar items. The Sponsor shall pay for all permits and licenses that may be required by local, state or federal authorities, and shall secure the necessary land easements and/or rights -of -way required for the project. 8. Issue Notice to Airmen (NOTAM's) through the applicable FAA Flight Service Station. 9. Disadvantaged business enterprise (DBE) goals for the project based upon proposed bid items, quantities and opinions of construction costs. 10. Guidance for assembling bid package to meet Sponsor's bid letting requirements. 11. Designate contact person (see paragraph 22 -A). 12. Provide technical specification for intended snow removal equipment. Exhibit III -1 EXHIBIT IV iiT Exhibits IV and V - 1 � EXHIBIT [YSA} DERIVATION OF CONSULTANT PROJECT COSTS CAPE G|RARDEAO REGIONAL AIRPORT CAPE G|RARDEAU,MISSOURI SNOW REMOVAL EQUIPMENT PROCUREMENT PRELIMINARY, DESIGN, AND BIDDING PHASE SERVICES xo" mxo,�o/� % 3 DIRECT SALARY COSTS TITLE _HOURS RATE/HOUR _COSTL Principal $0,00 Senior Project Engineer $338.24 Project Manager $1.31820 Senior Engineer oo $27104 Engineer $806.10 Senior Planner $0,00 Planner o 1 *0,00 � Registered Land Surveyor $0,00 Senior Technician $0,00 Technician $O�OV Clerk/Secretary _--3_ *5T81 oo To Direct Salary Costs = $2.593.19 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Costs @ J��l_% = $3.79438 SUBTOTAL: Items 1 and 2 = *8,38755 PROFIT: 15%o[ Item 3Subtotal = $058A3 Rounding = $V20 Subtotal $7.34500 Lump Sum OUT EXPENSES: u, Mileage oMi|eoKg $0,5G/ Mile = 00,00 h, Meals oDaya@ *32,08/ Day = $0,00 c. Motel oNights @ $7700 /Night= %0.00 d. Survey Equipment TS. Dayo@ $100,00 /Day $0.00 a. Shipping = $9520 To Out-of-PockotExpenses = $0520 SUBCONTRACT COSTS: a, = b = b = o Printing = $508,00 = $500�00 MAXIMUM TOTAL FEE: Exhibit ln'2 Exhibit to z Exhibit // IN 1 In IN It Exhibit EXHIBIT VI PERFORMANCE SCHEDULE The Consultant agrees to proceed with services immediately upon receipt of written Notice to Proceed (NTP) by the Sponsor and to employ such personnel as required to complete the scope of services in accordance with the following time schedule: BASIC SERVICES A. Preliminary Phase B. Design Phase 1. Plans & Specifications a. Submittal of 100% Contract Documents /Specifications for review b. Submittal of Final Contract Documents /Specifications for bidding :.. As Required calendar days after receipt of NTP 14 calendar days after receipt of review comments As Required Exhibit VI - 1 Staff: Bruce W. Loy, Airport Manager ' Agenda: 4/7/2014 SUBJECT Agreement with Crawford, Murphy, and Tilly, Inc. for the Design Phase Services to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport., Project #12- 077A -1. EXECUTIVE SUMMARY This agreement is for design phase services to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport, to include site inspection, design report, construction plans and contract documents necessary for the bidding phase of the project. The project will be funded with 2014 non - primary entitlement funds from the Missouri Department of Transportation (MoDOT) with a 10% match provided by the City. BACKGROUND /DISCUSSION The Cape Girardeau Regional Airport last painted the entire airfield in 2009 as a part of our East Ramp Renovation Project, funded by American Recovery and Reinvestment Act. As such, some of our airfield markings are in need of removal and repainting. In a recent FAR Part 139 Inspection by the Federal Aviation Administration (FAA), the inspector particularly noted our yellow and black markings associated with the taxiway centerlines and hold bar markings as a discrepancy. As a result, the FAA is mandating we remove and repaint these markings. The attached agreement will allow us to advertise bids for this project and receive 90% reimbursement by MoDOT utilizing our 2014 non - primary entitlement funds. FINANCIAL IMPACT The total cost for the design phase agreement, as attached, will total an amount not to exceed $11,072.11. The agreement is to be funded with 90% MoDOT non - primary entitlement funds. The City's match will total an amount not to exceed $1,107.21. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City Manager to enter into an agreement with Crawford, Murphy, and Tilly, Inc. for the Design Phase to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport for an amount not to exceed $36,298.62. ATTACHMENTS: Name: ❑ Airport Taxiway Hold_ Lines_Res.doc ❑ Aviation_onsultant agreement_ airfield_markingpdf Description: Taxiway Centerlines & Hold Lines Res Aviation Project Consultant Agreement airfield marking BILL NO. 14 -51 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CRAWFORD, MURPHY AND TILLY, INC., TO REMOVE AND REPAINT TAXIWAY CENTERLINES AND HOLD LINES AT THE CAPE GIRARDEAU REGIONAL AIRPORT 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 Aviation Project Consultant Agreement with Crawford, Murphy and Tilly, Inc., to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 2014. ATTEST: Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Airport Name: Cape Girardeau Regional Project No.: County: Scott AVIATION PROJECT CONSULTANT AGREEMENT (FEDERAL ASSISTANCE) (Revision 01/01/11) THIS AGREEMENT is entered into by Crawford, Murphy and Tilly, Inc. (hereinafter the "Consultant "), and the City of Cape Girardeau, (hereinafter the "Sponsor "). WITNESSETH: WHEREAS, the Sponsor has selected the Consultant to perform professional services to accomplish a project at the Cape Girardeau Regional Airport. WHEREAS, while neither the Missouri Department of Transportation (MoDOT) nor the Federal Aviation Administration (FAA) is a party to this Agreement, MoDOT and /or FAA land acquisition, environmental, planning, design and construction criteria and other requirements will be utilized unless specifically approved otherwise by MoDOT. WHEREAS, while the Sponsor intends to accomplish a project at the Cape Girardeau Regional Airport as listed in Exhibit I of this Agreement, entitled "Project Description ", which is attached hereto and made a part of this Agreement. NOW, THEREFORE, in consideration of the payments to be made and the covenants set forth in this Agreement to be performed by the Sponsor, the Consultant hereby agrees that it shall faithfully perform the professional services called for by this Agreement in the manner and under the conditions described in this Agreement. (1) DEFINITIONS The following definitions apply to these terms, as used in this Agreement: (A) " SPONSOR" means the owner of the airport referenced above. (B) "SPONSOR'S REPRESENTATIVE" means the person or persons designated in paragraph 22(A) of this agreement by the Sponsor to represent the Sponsor in negotiations, communications, and various other contract administration dealings with the Consultant. (C) "MoDOT" means the Missouri Department of Transportation, an executive branch agency of state government, which acts on behalf of the Missouri Highways and Transportation Commission. 1 Rev. 01/01/11 (D) "CONSULTANT" means the firm providing professional services to the Sponsor as a party to this Agreement. (E) "CONSULTANT'S REPRESENTATIVE" means the person or persons designated in paragraph 22(B) of this agreement by the Consultant to represent that firm in negotiations, communications, and various other contract administration dealings with the Sponsor. (F) "DELIVERABLES " means all drawings and documents prepared in performance of this Agreement, to be delivered to and become the property of the Sponsor pursuant to the terms and conditions set out in paragraph (12) of this Agreement. (G) "DISADVANTAGED BUSINESS ENTERPRISE (DBE)" means an entity owned and controlled by a socially and economically disadvantaged individual as defined in 49 CFR. Part 26, which is certified as a DBE firm in Missouri by MoDOT. Appropriate businesses owned and controlled by women are included in this definition. (H) "FAA" means the Federal Aviation Administration within the United States Department of Transportation (USDOT), headquartered at Washington, D.C., which acts through its authorized representatives. (1) "INTELLECTUAL PROPERTY" consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design or other proprietary information in any form or medium. (J) "SUBCONSULTANT " means any individual, partnership, corporation, or joint venture to which the Consultant, with the approval of the sponsor, subcontracts any part of the professional services under this Agreement but shall not include those entities which supply only materials or supplies to the Consultant. (K) "SUSPEND" the services means that the services as contemplated herein shall be stopped on a temporary basis. This stoppage will continue until the Sponsor either decides to terminate the project or reactivate the services under the conditions then existing. (L) "TERMINATE ", in the context of this Agreement, means the cessation or quitting of this Agreement based upon the action or inaction of the Consultant, or the unilateral cancellation of this Agreement by the Sponsor. (M) "TEA -21" means the federal Transportation Equity Act for the 21' Century. (N) "USDOT " means the United States Department of Transportation, headquartered at Washington, D.C., which acts through its authorized representatives. 2 Rev. 01/01/11 (0) "SERVICES" includes all professional engineering and related services and the furnishing of all equipment, supplies, and materials in conjunction with such services as are required to achieve the broad purposes and general objectives of this Agreement. (2) SCOPE OF SERVICES: (A) The services covered by this Agreement shall include furnishing the professional, technical, and other personnel and the equipment, material and all other things necessary to accomplish the proposed project detailed in Exhibit I of this Agreement. (B) The specific services to be provided by the Consultant are set forth on Exhibit II to this Agreement, entitled "Scope of Services," which is attached hereto and made a part of this Agreement. (3) ADDITIONAL SERVICES The Sponsor reserves the right to direct additional services not described in Exhibit II as changed or unforeseen conditions may require. Such direction by the Sponsor shall not be a breach of this Agreement. In this event, a supplemental agreement will be negotiated and executed prior to the Consultant performing the additional or changed services, or incurring any additional cost therefore. Any changes in the maximum compensation, or time and schedule of completion, will be covered in the supplemental agreement. Supplemental agreements must be approved by MoDOT to ensure additional funding is available. (4) INFORMATION AND SERVICES PROVIDED BY THE SPONSOR (A) At no cost to the Consultant and in a timely manner, the Sponsor will provide available information of record which is pertinent to this project to the Consultant upon request. In addition, the Sponsor will provide the Consultant with the specific items or services set forth on Exhibit III to this Agreement, entitled "Services Provided by the Sponsor ", which is attached hereto and made a part of this Agreement. The Consultant shall be entitled to rely upon the accuracy and completeness of such information, and the Consultant may use such information in performing services under this Agreement. (B) The Consultant shall review the information provided by the Sponsor and will as expeditiously as possible advise the Sponsor of any of that information which the Consultant believes is inaccurate or inadequate or would otherwise have an effect on its design or any of its other activities under this Agreement. In such case, the Consultant shall provide new or verified data or information as necessary to meet the standards required under this Agreement. Any additional work required of the Consultant as the result of inaccurate or inadequate information provided by the Sponsor will be addressed per the provisions of paragraph 3 of this Agreement. 3 Rev. 01/01/11 (5) RESPONSIBILITY OF THE CONSULTANT (A) The Consultant shall comply with applicable local, state and federal laws and regulations governing these services, as published and in effect on the date of this Agreement. The Consultant shall provide the services in accordance with the criteria and requirements established and adopted by the Sponsor as expressly established in this Agreement, consisting of published manuals and policies of MoDOT and FAA which shall be furnished by the Sponsor upon request. (B) Without limiting the foregoing, land acquisition, environmental, planning, design and construction criteria will be in accordance with the information set out in Exhibit II of this Agreement. (C) The Consultant shall be responsible for the professional quality, technical accuracy, and the coordination of designs, drawings, specifications, and other services furnished under this Agreement. At any time during construction or during any phase of work performed by others based upon data, plans, designs, or specifications provided by the Consultant, the Consultant shall prepare any data, plans, designs, or specifications needed to correct any negligent acts, errors, or omissions of the Consultant or anyone for whom it is legally responsible in failing to comply with the foregoing standard. The services necessary to correct such negligent acts, errors, or omissions shall be performed without additional compensation, even though final payment may have been received by the Consultant. The Consultant shall provide such services as expeditiously as is consistent with professional performance. Acceptance of the services will not relieve the Consultant of the responsibility to correct such negligent acts, errors, or omissions. (D) Completed design reports, plans and specifications, plans /specifications submitted for review by permit authorities, and plans /specifications issued for construction shall be signed, sealed, and dated by a professional engineer registered in the State of Missouri. Incomplete or preliminary plans or other documents, when submitted for review by others, shall not be sealed, but the name of the responsible engineer, along with the engineer's Missouri registration number, shall be indicated on the design report, plans and specifications or included in the transmittal document. In addition, the phrase "Preliminary - Not for Construction," or similar language, shall be placed on the incomplete or preliminary plan(s) in an obvious location where it can readily be found, easily read, and not obscured by other markings, as a disclosure to others that the design report, plans and specifications are incomplete or preliminary. When the design report, plans and specifications are completed, the phrase "Preliminary - Not for Construction" or similar language shall be removed and the design report, plans and specifications shall thereupon be sealed. (E) The Consultant shall cooperate fully with the Sponsor's activities on adjacent projects as may be directed by the Sponsor. This shall include attendance at meetings, discussions, and hearings as requested by the Sponsor. The minimum number and location of meetings shall be defined in Exhibit II. 4 Rev. 01/01/11 (F) In the event any lawsuit or court proceeding of any kind is brought against the Sponsor, arising out of or relating to the Consultant's activities or services performed under this Agreement or any project of construction undertaken employing the deliverables provided by the Consultant in performing this Agreement, the Consultant shall have the affirmative duty to assist the Sponsor in preparing the Sponsor's defense, including, but not limited to, production of documents, trials, depositions, or court testimony. Any assistance given to the Sponsor by the Consultant will be compensated at an amount or rate negotiated between the Sponsor and the Consultant as will be identified in a separate agreement between the Sponsor and the Consultant. To the extent the assistance given to the Sponsor by the Consultant was necessary for the Sponsor to defend claims and liability due to the Consultant's negligent acts, errors, or omissions, the compensation paid by the Sponsor to the Consultant will be reimbursed to the Sponsor. (6) NO SOLICITATION WARRANTY The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Consultant, 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, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Sponsor will have the right to terminate this Agreement without liability, or at 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, plus costs of collection including reasonable attorney's fees. (7) DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS (A) DBE Goal The following DBE goal has been established for this Agreement. The dollar value of services and related equipment, supplies, and materials used in furtherance thereof which is credited toward this goal will be based on the amount actually paid to DBE firms. The goal for the percentage of services to be awarded to DBE firms is 0% of the total Agreement dollar value. (B) Consultant's Certification Regarding DBE Participation The consultant's signature on this Agreement constitutes the execution of all DBE certifications which are a part of this Agreement. 1. Policy It is the policy of the U.S. Department of Transportation and the Sponsor that businesses owned by socially and economically disadvantaged individuals (DBE's) as defined in 49 CFR Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Thus, the requirements of 49 CFR Part 26 and Section 1101(b) of the Transportation Equity Act for the 21st Century (TEA -21) apply to this Agreement. 2. Obligation of the Consultant to DBE's The Consultant agrees to assure that DBE's have the maximum opportunity to participate in the 5 Rev. 01/01/11 performance of this Agreement and any subconsultant agreement financed in whole or in part with federal funds. In this regard the Consultant shall take all necessary and reasonable steps to assure that DBE's have the maximum opportunity to compete for and perform services. The Consultant shall not discriminate on the basis of race, color, religion, creed, disability, sex, age, or national origin in the performance of this Agreement or in the award of any subsequent subconsultant agreement. 3. Geographic Area for Solicitation of DBE's The Consultant shall seek DBE's in the same geographic area in which the solicitation for other subconsultants is made. If the Consultant cannot meet the DBE goal using DBE's from that geographic area, the Consultant shall, as a part of the effort to meet the goal, expand the search to a reasonably wider geographic area. 4. Determination of Participation Toward Meeting the DBE Goal DBE participation shall be counted toward meeting the goal as follows: A. Once a firm is determined to be a certified DBE, the total dollar value of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth above. B. The Consultant may count toward the DBE goal a portion of the total dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards, equal to the percentage of the ownership and control of the DBE partner in the joint venture. C. The Consultant may count toward the DBE goal expenditures to DBE's who perform a commercially useful function in the completion of services required in this Agreement. A DBE is considered to perform a commercially useful function when the DBE is responsible for the execution of a distinct element of the services specified in the Agreement and the carrying out of those responsibilities by actually performing, managing and supervising the services involved and providing the desired product. D. A Consultant may count toward the DBE goal its expenditures to DBE firms consisting of fees or commissions charged for providing a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of this Agreement, provided that the fee or commission is determined by the Sponsor to be reasonable and not excessive as compared with fees customarily allowed for similar services. E. The Consultant is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. 5. Replacement of DBE Subconsultants The Consultant shall make good faith efforts to replace a DBE Subconsultant, who is unable to perform satisfactorily, with another DBE Subconsultant. Replacement firms must be approved 6 Rev. 01/01/11 by the Sponsor and MoDOT. 6. Verification of DBE Participation Prior to the release of the retained percentage by the Sponsor, the Consultant shall file a list with the Sponsor showing the DBE's used and the services performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation established in this Agreement. Failure on the part of the Consultant to achieve the DBE participation specified in this Agreement may result in sanctions being imposed on the Sponsor for noncompliance with 49 CFR Part 26 and/or Section 1101(b) of TEA -21. If the total DBE participation is less than the goal amount stated by the Sponsor, the Sponsor may sustain damages, the exact extent of which would be difficult or impossible to ascertain. Therefore, in order to liquidate such damages, the monetary difference between the amount of the DBE goal dollar amount and the amount actually paid to the DBE's for performing a commercially useful function will be deducted from the Consultant's payments as liquidated damages. If this Agreement is awarded with less than the goal amount stated above by the Sponsor, that lesser amount shall become the goal amount and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond the control of the Consultant, the DBE goal amount is not met. 7. Documentation of Good Faith Efforts to Meet the DBE Goal The Agreement goal established by the Sponsor is stated above in section (7)(A). The Consultant must document the good faith efforts it made to achieve that DBE goal, if the agreed percentage specified in section (7)(13)(8) below is less than the percentage stated in section (7)(A). Good faith efforts to meet this DBE goal amount may include such items as, but are not limited to, the following: A. Attended a meeting scheduled by the Sponsor to inform DBE's of contracting or consulting opportunities. B. Advertised in general circulation trade association and socially and economically disadvantaged business directed media concerning DBE subcontracting opportunities. C. Provided written notices to a reasonable number of specific DBE's that their interest in a subconsultant agreement is solicited in sufficient time to allow the DBE's to participate effectively. D. Followed up on initial solicitations of interest by contacting DBE's to determine with certainty whether the DBE's were interested in subconsulting work for this Agreement. E. Selected portions of the services to be performed by DBE's in order to increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down subconsultant agreements into economically feasible units to facilitate DBE participation). 7 Rev_ 01/01/11 F. Provided interested DBE's with adequate information about plans, specifications and requirements of this Agreement. G. Negotiated in good faith with interested DBE's, and not rejecting DBE's as unqualified without sound reasons, based on a thorough investigation of their capabilities. H. Made efforts to assist interested DBE's in obtaining any bonding, lines of credit or insurance required by the Sponsor or by the Consultant. I. Made effective use of the services of available disadvantaged business organizations, minority contractors' groups, disadvantaged business assistance offices, and other organizations that provide assistance in the recruitment and placement of DBE firms. 8. DBE Participation Obtained by Consultant The Consultant has obtained DBE participation, and agrees to use DBE firms to complete 0% of the total services to be performed under this Agreement, by dollar value. The DBE firms which the Consultant shall use, and the type and dollar value of the services each DBE will perform, is as follows: DBE FIRM NAME, STREET AND COMPLETE MAILING ADDDRESS TYPE OF DBE SERVICE TOTAL $ VALUE OF THE DBE SUBCONTRACT CONTRACT $ AMOUNT TO APPLY TO TOTAL DBE GOAL % OF SUBCONTRACT $ VALUE APPLICABLE TO TOTAL GOAL under this Agreement without the written consent of the Sponsor. Subletting, assignment, or transfer of the services or any part thereof to any other corporation, partnership, or individual is expressly prohibited. Any violation of this clause will be 9. Good Faith Efforts to Obtain DBE Participation If the Consultant's agreed DBE goal amount as specified in section (7)(B)(8) is less than the Sponsor's DBE goal given in section (7)(A), then the Consultant certifies that the following good faith efforts were taken by Consultant in an attempt to obtain the level of DBE participation set by the Sponsor in section (7)(A): (8) SUBCONSULTANTS 8 Rev. 01/01/11 (A) The Consultant agrees that except for those firms and for those services listed below, there shall be no transfer of engineering services performed under this Agreement without the written consent of the Sponsor. Subletting, assignment, or transfer of the services or any part thereof to any other corporation, partnership, or individual is expressly prohibited. Any violation of this clause will be 8 Rev. 01/01/11 deemed cause for termination of this Agreement. EXCEPTIONS (subconsultant information): FIRM NAME COMPLETE ADDRESS NATURE OF SERVICES (B) The Consultant agrees, and shall require the selected subconsultants, to maintain books, documents, papers, accounting records, and other evidence pertaining to direct costs and expenses incurred under the Agreement and to make such materials available at their offices at reasonable times during the Agreement period and for three (3) years from the date of final payment under the Agreement, for inspection by the Sponsor or any authorized representative of MoDOT or the federal government, and copies thereof shall be furnished. (C) Unless waived or modified by the Sponsor, the Consultant agrees to require, and shall provide evidence to the Sponsor, that those subconsultants shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance, for not less than the period of services under such subconsultant agreements, and in not less than the following amounts: 1. Commercial General Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 2. Automobile Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and (D) The subletting of the services will in no way relieve the Consultant of its primary responsibility for the quality and performance of the services to be performed hereunder and the Consultant shall assume full liability for the services performed by its subconsultants. (E) The payment for the services of any subconsultants will be reimbursed at cost by the Sponsor in accordance with the submitted invoices for such services, as set forth in paragraph (9), entitled "Fees and Payments ". (F) The Consultant agrees to furnish a list of any MoDOT approved DBE subconsultants under this Agreement upon the request of the Sponsor. Further, the Consultant agrees to report to the Sponsor on a monthly basis the actual payments 9 Rev. 01 /01 /11 made by the Consultant to such DBE subconsultants. (G) The Consultant agrees that any agreement between the Consultant and any subconsultant shall be an actual cost plus fixed fee agreement if the amount of the agreement between the Consultant and subconsultant exceeds $25,000. Subconsultant agreements for amounts of $25,000 or less may be lump sum or actual cost plus fixed fee as directed by the Sponsor. (9) FEES AND PAYMENTS: (A) The Consultant shall not proceed with the services described herein until the Consultant receives written authorization in the form of a Notice to Proceed from the Sponsor. (B) The amount to be paid to the Consultant by the Sponsor as full remuneration for the performance of all services called for in this Agreement will be on the following basis: labor, overhead and profit will be paid for as a lump sum cost of $10,342.51, direct expenses will be paid for at actual cost with a not to exceed amount of $729.60 for a total not to exceed amount payable of $11,072.11. A breakout of the estimated costs is shown in Exhibit IV, "Derivation of Consultant Project Costs ", and Exhibit V, "Engineering Basic and Special Services -Cost Breakdown" attached hereto and made a part of this Agreement. Payment under the provisions of this Agreement is limited to those costs incurred in accordance with generally accepted accounting principles; to the extent they are considered necessary to the execution of the item of service. (C) The Consultant's fee shall include the hourly salary of each associate and employee, salary- related expenses, general overhead, and direct non - salary costs as allowed by 48 CFR Part 31, the Federal Acquisition Regulations (FAR), and 23 CFR 172, Administration of Engineering and Design Related Service Contracts. The hourly salary of each associate and employee is defined as the actual productive salaries expended to perform the services. The other billable costs for the project are defined as follows: 1. Salary- related expenses are additions to payroll cost for holidays, sick leave, vacation, group insurance, worker's compensation insurance, social security taxes (FICA), unemployment insurance, disability taxes, retirement benefits, and other related items. 2. General overhead cost additions are for administrative salaries (including non - productive salaries of associates and employees), equipment rental and maintenance, office rent and utilities, office maintenance, office supplies, insurance, taxes, professional development expenses, legal and audit fees, professional dues and licenses, use of electronic computer for accounting, and other related items. 3. Direct non -salary costs incurred in fulfilling the terms of this 10 Rev. 01/01/11 Agreement, such as but not limited to travel and subsistence, subcontract services, reproductions, computer charges, materials and supplies, and other related items, will be charged at actual cost without any override or additives. 4. The additions to productive salaries for Items 9(C) 1 and 2 will be established based on the latest audit. 5. The Consultant shall provide a detailed manhourlcost breakdown for each phase of the project indicating each job classification with base wage rates and the number of hours associated with each phase. The breakdown shall include work activities and be in sufficient detail to reflect the level of effort involved. This information shall be attached hereto and made a part of this Agreement as Exhibit V "Engineering Basic and Special Services -Cost Breakdown ". 6. The Consultant shall provide a detailed breakdown of all subconsultant fees, including overhead and profit. 7. The Consultant shall provide a detailed breakdown of all travel expense, living expense, reproduction expense and any other expense that may be incurred throughout the project. These expenses must be project specific and not covered in or by an overhead rate. 8. The property and equipment used on this project such as automotive vehicles, survey equipment, office equipment, etc., shall be owned, rented, or leased by the Consultant, and charges will be made to the project for the use of such property at the rate established by company policies and practices. Approval of the Sponsor and MoDOT will be required prior to acquisition of reimbursable special equipment. (D) The Consultant shall submit an invoice for services rendered to the Sponsor not more than once every month. A progress summary indicating the current status of the services shall be submitted along with each invoice. Upon receipt of the invoice and progress summary, the Sponsor will, as soon as practical, but not later than 45 days therefrom, pay the Consultant for the services rendered, to the extent of ninety - eight percent (98 %) of the amount of the lump sum fee earned plus direct costs as reflected by the estimate of the portion of the services completed as shown by the progress summary, less partial payments previously made. A late payment charge of one and one half percent (1.5 %) per month shall be assessed for those invoiced amounts not paid, through no fault of the Consultant, within 45 days after the Sponsor's receipt of the Consultant's invoice. The Sponsor will not be liable for the late payment charge on any invoice which requests payment for costs which exceed the proportion of the maximum amount payable earned as reflected by the estimate of the portion of the services completed, as shown by the progress summary. Two percent (2 %) of the amount earned will be retained by the Sponsor until the design services as covered by the Agreement are completed by the Consultant and approved by the Sponsor and MoDOT. The payment will be subject to final audit of actual expenses during the period of the Agreement. Upon completion and acceptance of the services required by 11 Rev. 01/01/11 paragraph (2), "Scope of Services," the two percent (2 %) retainage will be paid to the Consultant. In the alternative to withholding the two percent (2 %) retainage as set forth above, the Sponsor may accept a letter of credit or the establishment of an escrow account, in the amount of said two percent (2 %) retainage and upon such other terms and conditions as may be acceptable to the Sponsor and the Consultant. If a letter of credit or escrow account is not acceptable to the Sponsor, then the two percent (2 %) retainage will control. (10) PERIOD OF SERVICE (A) The services, and if more than one then each phase thereof, shall be completed in accordance with the schedule contained in Exhibit VI, "Performance Schedule," attached hereto and made a part of this Agreement. The Consultant and the Sponsor will be required to meet this schedule. (B) The Sponsor will grant time extensions for delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant. Requests for extensions of time shall be made in writing by the Consultant, before that phase of work is scheduled to be completed, stating fully the events giving rise to the request and justification for the time extension requested. Such extension of time shall be the sole allowable compensation for all such delays. The Consultant may also receive an equitable adjustment in the maximum amount payable, provided the consultant can document the additional cost resulting from the delay. Any extensions or additional costs shall be subject to MoDOT approval. (C) The Consultant and Sponsor agree that time is of the essence, and the Consultant and Sponsor will be required to meet the schedules in this Agreement. In the event of delays due to unforeseeable causes beyond the control of and without fault or negligence of the Consultant, no claim for damage shall be made by either party. The anticipated date of completion of the work, including review time, is stated in Exhibit VI of this Agreement. An extension of time shall be the sole allowable compensation for any such delays. The Consultant may also receive an equitable adjustment in the maximum amount payable, provided the consultant can document the additional cost resulting from the delay. Any extensions or additional costs shall be subject to MoDOT approval. (D) As used in this provision, the term "delays due to unforeseeable causes" includes the following: 1. War or acts of war, declared or undeclared; 2. Flooding, earthquake, or other major natural disaster preventing the Consultant from performing necessary services at the project site, or in the Consultant's offices, at the time such services must be performed; 3. The discovery on the project of differing site conditions, hazardous substances, or other conditions which, in the sole judgment of the Sponsor, 12 Rev. 01/01/11 justifies a suspension of the services or necessitates modifications of the project design or plans by the Consultant; 4. Court proceedings; 5. Changes in services or extra services. (11) SUSPENSION OR TERMINATION OF AGREEMENT (A) The Sponsor may, without being in breach hereof, suspend or terminate the Consultant's services under this Agreement, or any part of them, for cause or for the convenience of the Sponsor, upon giving to the Consultant at least fifteen (15) days' prior written notice of the effective date thereof. The Consultant shall not accelerate performance of services during the fifteen (15) day period without the express written request of the Sponsor. (B) Should the Agreement be suspended or terminated for the convenience of the Sponsor, the Sponsor will pay to the Consultant its costs as set forth in paragraph (9)(B), including a proportional amount of the lump sum fee based upon an estimated percentage of Agreement completion prior to such suspension or termination, direct costs as defined in this Agreement for services performed by the Consultant plus reasonable costs incurred by the Consultant in suspending or terminating the services. The payment will make no other allowances for damages or anticipated fees or profits. In the event of a suspension of the services, the Consultant's compensation and schedule for performance of services hereunder shall be equitably adjusted upon resumption of performance of the services. (C) The Consultant shall remain liable to the Sponsor for any claims or damages occasioned by any failure, default, or negligent errors and /or omission in carrying out the provisions of this Agreement during its life, including those giving rise to a termination for non - performance or breach by Consultant. This liability shall survive and shall not be waived, or estopped by final payment under this Agreement. (D) The Consultant shall not be liable for any errors or omissions contained in deliverables which are incomplete as a result of a suspension or termination where the Consultant is deprived of the opportunity to complete the Consultant's services. (E) Upon the occurrence of any of the following events, the Consultant may suspend performance hereunder by giving the Sponsor 30 days advance written notice and may continue such suspension until the condition is satisfactorily remedied by the Sponsor. In the event the condition is not remedied within 120 days of the Consultant's original notice, the Consultant may terminate this agreement. 1. Receipt of written notice from the Sponsor that funds are no longer available to continue performance. 13 Rev. O1/D1/1 I 2. The Sponsor 's persistent failure to make payment to the Consultant in a timely manner. 3. Any material contract breach by the Sponsor. (12) OWNERSHIP OF DRAWINGS AND DOCUMENTS (A) All drawings and documents prepared in performance of this Agreement shall be delivered to and become the property of the Sponsor upon suspension, abandonment, cancellation, termination, or completion of the Consultant's services hereunder; provided, however, 1. The Consultant shall have the right to their future use with written permission of the Sponsor; 2. The Consultant shall retain its rights in its standard drawing details, designs, specifications, CADD files, databases, computer software, and any other proprietary property; and 3. The Consultant shall retain its rights to intellectual property developed, utilized, or modified in the performance of the services subject to the following: A. Copyrights. Sponsor, as the contracting agency, reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Governmental purposes: I. The copyright in any works developed under this agreement, or under a subgrant or contract under this agreement; and II. Any rights of copyright to which Sponsor, its consultant or subconsultant purchases ownership with payments provided by this agreement. B. Patents. Rights to inventions made under this agreement shall be determined in accordance with 37 C.F.R. Part 401. The standard patent rights clause at 37 C.F.R. § 401.14, as modified below, is hereby incorporated by reference. 1. The terms "to be performed by a small business firm or domestic nonprofit organization" shall be deleted from paragraph (g)(1) of the clause; be deleted: and 11. Paragraphs(g)(2) and (g)(3) of the clause shall 14 Rev. 01/01/11 III. Paragraph (1) of the clause, entitled "communications" shall read as follows: "(1) Communications. All notifications required by this clause shall be submitted to the Sponsor ". IV. The following terms in 37 C.F.R. 401.14 shall for the purpose of this Agreement have the following meaning: Contractor - Consultant Government and Federal Agency - Sponsor Subcontractor - Subconsultant 4. Basic survey notes, design computations, and other data prepared under this Agreement shall be made available for use by the Sponsor without further compensation and without restriction or limitation on their use. (B). Electronically Produced Documents: 1. Electronically produced documents will be submitted to the Sponsor in data files compatible with Microstation (specify CADD version). The Consultant makes no warranty as to the compatibility of the data files beyond the above specified release or version of the stated software. 2. Because data stored on electronic media can deteriorate undetected or be modified without the Consultant's knowledge, the electronic data files submitted to the Sponsor will have an acceptance period of 60 days after receipt by the Sponsor. If during that period the Sponsor finds any errors or omissions in the files, the Consultant will correct the errors or omissions as a part of this Agreement. The Consultant will not be responsible for maintaining copies of the submitted electronic data files after the acceptance period. 3. Any changes requested after the acceptance period will be considered additional services for which the Consultant shall be reimbursed at the hourly rates established herein plus the cost of materials. 4. The data on the electronic media shall not be considered the Consultant's instrument of service. Only the submitted hard copy documents with the Consultant Engineer's seal on them will be considered the instrument of service. The Consultant's nameplate shall be removed from all electronic media provided to the Sponsor. (C) The Sponsor may incorporate any portion of the deliverables into a project other than that for which they were performed, without further compensation to the Consultant; provided however, that (1) such deliverables shall thereupon be 15 Rev _01 /01/11 deemed to be the work product of the Sponsor and the Sponsor shall use same at its sole risk and expense; and (2) the Sponsor shall remove the Consultant's name, seal, endorsement, and all other indices of authorship from the deliverables. (13) DECISIONS UNDER THIS AGREEMENT AND DISPUTES (A) The Sponsor will determine the acceptability of the drawings, specifications, and estimates and all other deliverables to be furnished, and will decide the questions that may arise relative to the proper performance of this Agreement. The determination of acceptable deliverables may occur following final payment, and as late as during the construction of the project which decisions shall be conclusive, binding and incontestable, if not arbitrary, capricious or the result of fraud. (B) The Sponsor will decide all questions which may arise as to the quality, quantity, and acceptability of services performed by Consultant and as to the rate of progress of the services; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the Agreement on the part of the Consultant; the proper compensation for performance or breach of the Agreement; and all claims of any character whatsoever in connection with or growing out of the services of the Consultant, whether claims under this Agreement or otherwise. The Sponsor's decisions shall be conclusive, binding and incontestable if not arbitrary, capricious or the result of fraud. (C) If the Consultant has a claim for payment against the Sponsor which in any way arises out of the provisions of this Agreement or the performance or non - performance hereunder, written notice of such claim must be made in triplicate within sixty (60) days of the Consultant's receipt of payment for the retained percentage. Notwithstanding paragraph 22 of this Agreement, the notice of claim shall be personally delivered or sent by certified mail to the Sponsor. The notice of claim shall contain an itemized statement showing completely and fully the items and amounts forming the basis of the claim and the factual and legal basis of the claim. (D) Any claim for payment or an item of any such claim not included in the notice of claim and itemized statement, or any such claim not filed within the time provided by this provision shall be forever waived, and shall neither constitute the basis of nor be included in any legal action, counterclaim, set -off, or arbitration against the Sponsor. (E) The claims procedure in paragraphs 13 (C) and (D) do not apply to any claims of the Sponsor against the Consultant. Further, any claims of the Sponsor against the Consultant under this Agreement are not waived or estopped by the claims procedure in paragraphs 13 (C) and (D). (F) Not withstanding paragraphs (A) through (E) above, in the event of any material dispute hereunder, both parties agree to pursue, diligently and in good faith, a mutually acceptable resolution. 16 Rev. 01/01/11 (14) SUCCESSORS AND ASSIGNS The Sponsor and the Consultant agree that this Agreement and all agreements entered into under the provisions of this Agreement shall be binding upon the parties hereto and their successors and assigns. (15) INDEMNIFICATION RESPONSIBILITY (A) The Consultant agrees to save harmless the Sponsor, MoDOT and the FAA from all liability, losses, damages, and judgments for bodily injury, including death, and property damage to the extent due to the Consultant's negligent acts, errors, or omissions in the services performed or to be performed under this Agreement, including those negligent acts, errors, or omissions of the Consultant's employees, agents, and subconsultants. (B) The Consultant shall be responsible for the direct damages incurred by the Sponsor as result of the negligent acts, errors, or omissions of the Consultant or anyone for whom the Consultant is legally responsible, and for any losses or costs to repair or remedy construction as a result of such negligent acts, errors or omissions; provided, however, the Consultant shall not be liable to the Sponsor for such losses, costs, repairs and /or remedies which constitute betterment of or an addition of value to the construction or the project. (C) Neither the Sponsor 's review, approval or acceptance of, or payment for, any services required under this Agreement, nor the termination of this Agreement prior to its completion, will be construed to operate as a waiver of any right under this Agreement or any cause of action arising out of the performance of this Agreement. This indemnification responsibility survives the completion of this Agreement, as well as the construction of the project at some later date, and remains as long as the construction contractor may file or has pending a claim or lawsuit against the Sponsor on this project arising out of the Consultant's services hereunder. (16) INSURANCE (A) The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents, and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. (B) The Consultant shall also maintain professional liability insurance to protect the Consultant against the negligent acts, errors, or omissions of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. (C) The Consultant's insurance coverages shall be for not less than the 17 Rev. 01 /01 /I1 following limits of liability: 1. Commercial General Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 2. Automobile Liability: $500,000.00 per claim up to $3,000,000.00 per occurrence; 3. Worker's Compensation in accordance with the statutory limits; and Employer's Liability: $1,000,000.00; and 4. Professional ( "Errors and Omissions ") Liability: $1,000,000.00, each claim and in the annual aggregate. (D) The Consultant shall, upon request at any time, provide the Sponsor with certificates of insurance evidencing the Consultant's commercial general or professional liability ( "Errors and Omissions ") policies and evidencing that they and all other required insurance is in effect, as to the services under this Agreement. (E) Any insurance policy required as specified in paragraph No. (16) shall be written by a company which is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. (17) CONSTRUCTION PHASE OF THE PROJECT (A) This Agreement does not include construction phase services. Review of shop drawings and other construction phase services can be added by Supplemental Agreement after design has been completed and the construction contract period has been determined. (B) Because the Consultant has no control over the cost of labor, materials, equipment, or services furnished by others, or over the construction contractor(s)' methods of determining prices, or over competitive bidding or market conditions, any of the Consultant's opinions of probable project costs and /or construction cost, if provided for herein, are to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified design professional, familiar with the construction industry, but the Consultant cannot and does not guarantee that proposals, bids, or actual total project costs and /or construction costs will not vary from opinions of probable costs prepared by the Consultant. (C) The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the construction work, since these are solely the construction contractor(s)' responsibility under the construction contract(s). The Consultant shall not be responsible for the construction contractor(s)' schedules or failure to carry out the construction work in accordance with 18 Rev. 01 /01 /11 the construction contract(s). The Consultant shall not have control over or charge of acts of omissions of the construction contractor(s), or any of its or their subcontractors, agents, or employees, or of any other persons performing portions of the construction work. (18) NONDISCRIMINATION ASSURANCE With regard to services under this Agreement, the Consultant agrees as follows: (A) Civil Rights Statutes The Consultant shall comply with all state and federal statutes related to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. 2000d, 2000e), as well as with any applicable titles of the Americans With Disabilities Act (42 U.S.C. 12101, et seq.). In addition, if the Consultant is providing services or operating programs on behalf of the Sponsor or MoDOT, the Consultant shall comply with all applicable provisions of Title II of the Americans With Disabilities Act. (B) Executive Order The Consultant shall comply with all provisions of Executive Order 94 -03, issued by the Honorable Mel Carnahan, Governor, on January 14, 1994, promulgating a code of fair practices in regard to nondiscrimination, which executive order is incorporated herein by reference and made a part of this Agreement. This Executive Order 94 -03 prohibits discriminatory employment practices by the Consultant or its subconsultants based upon race, color, religion, creed, national origin, sex, disability, veteran status, or age. (C) Administrative Rules The Consultant shall comply with the USDOT rules relative to nondiscrimination in federally assisted programs of the USDOT (49 CFR Subtitle A, Part 21) which rules are incorporated herein by reference and made a part of this Agreement. (D) Nondiscrimination The Consultant shall not discriminate on the grounds of race, color, religion, creed, sex, disability, national origin, age, or ancestry of any individual in the selection and retention of subconsultants, including the procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including in its employment practices. (E) The Solicitation for Subcontracts, Including the Procurements of Material and Equipment These assurances which concern nondiscrimination also apply to the subconsultants and suppliers of the Consultant. In all solicitations either by competitive bidding or negotiation made by the Consultant for services to be performed under a subcontract (including procurement of materials or equipment), each potential subconsultant or supplier shall be notified by the Consultant of the requirements of this Agreement relative to nondiscrimination on the grounds of the race, color, religion, creed, sex, disability, national origin, age, or ancestry of any individual. (F) Information and Reports The Consultant shall provide all information and reports required by this Agreement, or orders and instructions issued 19 Rev.OI @1 /1I pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Sponsor or the USDOT to be necessary to ascertain compliance with other contracts, orders, and instructions. Where any information which is required of the Consultant is in the exclusive possession of another who fails or refuses to furnish this information, the Consultant shall so certify to the Sponsor or the USDOT as appropriate, and shall set forth what efforts the Consultant has made to obtain the information. (G) Sanctions for Noncompliance In the event the Consultant fails to comply with the nondiscrimination provisions of this Agreement, the Sponsor shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments to the Consultant under this Agreement until the Consultant and its subconsultant(s) comply; or 2. The cancellation, termination, or suspension of this Agreement, in whole or in part; or both. (H) Incorporation of Provision The Consultant shall include these nondiscrimination provisions in every subcontract it makes relating to this project, including the procurement of materials and lease of equipment, unless exempted by federal law, or USDOT regulations or instructions. The Consultant shall take such action with respect to any subcontract or procurement as the Sponsor or MoDOT may direct as a means of enforcing these provisions, including sanctions for noncompliance; provided that in the event the Consultant becomes involved or is threatened with litigation with a subconsultant or supplier as a result of such direction, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. The Consultant shall take the acts which may be required to fully inform itself of the terms of, and to comply with, said state and federal laws. (19) AVIATION FEDERAL AND STATE CLAUSES (A) Airport and Airway Improvement Act of 1982, Section 520 General Civil Rights Provisions, (Version I, 1/5/90): The Consultant assures that it will comply with pertinent statutes, Executive orders and such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision obligates the consultant or its transferee for the period during which Federal assistance is extended to the airport aid program, except where Federal assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon. In these cases the provision obligates the party or any transferee for the longer of the following periods: (a) the period during which the property is used by the airport commission or any provision of similar services or 20 Rev. 01/01/11 benefits or (b) the period during which the airport commission or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. (B) Rights to Inventions - 49 CFR Part 18. (Version 1 1/5/90) All rights to inventions and materials generated under this contract are subject to regulations issued by the FAA and the Sponsor of the Federal Grant under which this contract is executed. Information regarding these rights is available from the Sponsor or the FAA. (C) Breach of Contract Terms Sanctions - 49 CFR Part 18 (Version I 1/5/90) Any violation or breach of the terms of this contract on the part of the Consultant or Subcontractor /Subconsultant may result in the suspension or termination of this contract or such other action which may be necessary to enforce the rights of the parties of this agreement. (D) Trade Restrictions Clause - 49 CFR Part 30 (Version 1 1/5/90) 1. The Consultant or Subconsultant, by submission of an offer and /or execution of a contract, certifies that it: A. is not owned or controlled by one or more citizens or nationals of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade representatives (USTR). B. has not knowingly entered into any contract or subcontract for this project with a Consultant that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals or foreign country on said list. C. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. 2. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Consultant or subconsultant who is unable to certify to the above. If the consultant knowingly procures or subcontracts for the supply of any product or service of a foreign country on the said list for use on the project, the FAA may direct, through the Sponsor, cancellation or the agreement at no cost to the Sponsor, MoDOT or the Federal Government. 3. Further, the Consultant agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without 21 Rev. 01/01/11 modification in each contract and in all lower tier subcontracts. The Consultant may rely upon the certification of a prospective subcontractor unless it has knowledge that the certification is erroneous. 4. The Consultant shall provide immediate written notice to the Sponsor if the Consultant learns that its certification or that of a Subconsultant was erroneous when submitted or has become erroneous by reason of changed circumstance. The subcontractor /subconsultant agrees to provide immediate written notice to the Consultant, if at any time it learns its certification was erroneous by reason of changed circumstances. 5. This certification is a material representation of fact upon which reliance was placed when making the award. If it is later determined that the Consultant or subconsultant knowingly rendered an erroneous certification, the FAA may direct, through the Sponsor, cancellation of the Agreement or subcontract for default at no cost to the Sponsor or the Federal Government. 6. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 7. This certification concerns a matter within the jurisdiction an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. (E) Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Version 1 1/5/90) The consultant certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the consultant or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation /proposal. (F) Energy Policy and Conservation Act The consultant shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94 -163). (20) ACTIONS No action may be brought by either party hereto concerning any matter, thing, or dispute arising out of or relating to the terms, performance, non- performance, or otherwise of this Agreement except in the Circuit Court of Scott County, 22 Rev. 01/01/11 Missouri. The parties agree that this Agreement is entered into at Cape Girardeau, Missouri and substantial elements of its performance will take place or be delivered at Cape Girardeau, Missouri, by reason of which the Consultant consents to venue of any action against it in Scott County, Missouri. The Consultant shall cause this provision to be incorporated into all of its agreements with, and to be binding upon, all subconsultants of the Consultant in the performance of this Agreement. (21) AUDIT OF RECORDS For purpose of an audit, the Consultant shall maintain all those records relating to direct costs and expenses incurred under this Agreement, including but not limited to invoices, payrolls, bills, receipts, etc. These records must be available at all reasonable times to the Sponsor, MoDOT and the FAA or their designees and representatives, at the Consultant's offices, at no charge, during the Agreement period and any extension thereof, and for the three (3) year period following the date of final payment made under this Agreement. If the Sponsor has notice of a potential claim against the Consultant and /or the Sponsor based on the Consultant's services under this Agreement, the Consultant, upon written request of the Sponsor, shall retain and preserve its records until the Sponsor has advised the Consultant in writing that the disputed claim is resolved. (22) NOTICE TO THE PARTIES All notices or communications required by this Agreement shall be made in writing, and shall be effective upon receipt by the Sponsor or the Consultant at their respective addresses of record. Letters or other documents which are prepared in 8.5 x 11 inch format may be delivered by telefax, provided that an original is received at the same address as that to which that telefax message was sent, within three (3) business days of the telefax transmission. Either party may change its address of record by written notice to the other party. (A) Notice to the Sponsor Notices to the Sponsor shall be addressed and delivered to the following Sponsor's representative, who is hereby designated by the Sponsor as its primary authorized representative for administration, interpretation, review, and enforcement of this Agreement and the services of the Consultant hereunder: NAME AND TITLE OF SPONSOR'S REPRESENTATIVE Bruce Loy SPONSOR'S NAME City of Cape Girardeau SPONSOR'S ADDRESS 860 Limbaugh Drive Cape Girardeau, MO 63780 PHONE 573 - 334 -6230 FAX E -MAIL ADDRESS bloy @cityofcapegirardeau.gov The Sponsor reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act 23 Rev. 01/01/11 upon its behalf generally or in limited capacities, as the Sponsor may now or hereafter deem appropriate. Such substitution or designations shall be made by the Sponsor in a written notice to the Consultant. (B) Notice to the Consultant Notices to Consultant shall be addressed and delivered to Consultant's representative, as follows: NAME AND TITLE OF CONSULTANT'S REPRESENTATIVE T Sander Y CONSULTANT'S NAME Crawford, Murphy and Tilly Inc. '...... CONSULTANT'S ADDRESS One Memorial Drive, Suite 500 St. Louis, MO 63102 PHONE 314- 436 -5500 FAX 314 - 436 -0723 E -MAIL ADDRESS tsander @cmtengr.com The Consultant reserves the right to substitute another person for the individual named at any time, and to designate one or more other representatives to have authority to act upon its behalf generally or in limited capacities, as the Consultant may now or hereafter deem appropriate. Such substitutions or designations shall be made by the Consultant's president or chief executive officer in a written notice to the Sponsor. (23) LAW OF MISSOURI TO GOVERN This Agreement shall be construed according to the laws of the State of Missouri. The Consultant shall comply with all local, state, and federal laws and regulations which govern the performance of this Agreement. (24) CONFIDENTIALITY The Consultant agrees that the Consultant's services under this Agreement is a confidential matter between the Consultant and the Sponsor. The Consultant shall not disclose any aspect of the Consultant's services under this Agreement to any other person, corporation, governmental entity, or news media, excepting only to such employees, subconsultants, and agents as may be necessary to allow them to perform services for the Consultant in the furtherance of this Agreement, without the prior approval of the Sponsor; provided, however, that any confidentiality and non - disclosure requirements set out herein shall not apply to any of the Consultant's services or to any information which (1) is already in the public domain or is already in the Consultant's possession at the time the Consultant performs the services or comes into possession of the information, (2) is received from a third party without any confidentiality obligations, or (3) is required to be disclosed by governmental or judicial order. Any disclosure pursuant to a request to the Sponsor under Chapter 610, RSMo, shall not constitute a breach of this Agreement. The content and extent of any authorized disclosure shall be coordinated fully with and under the direction of the Sponsor, in advance. 24 Rev 01/01/11 (25) SOLE BENEFICIARY This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the Sponsor and the Consultant. (26) SEVERABILITY AND SURVIVAL (A) Any provision or part of this Agreement 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 Sponsor and the Consultant. (B) All express representations, indemnifications, or limitations of liability made or given in this Agreement will survive the completion of all services by the Consultant under this Agreement or the termination of this Agreement for any reason. (27) PAYMENT BOND In the event a subconsultant is used for any services under this Agreement, Consultant shall provide a payment bond under Section 107.170 RSMo. Supp., as amended, for any services which are printing, aircraft, archaeology, surveying, hazardous waste or geotechnical including but not limited to the collection of soil samples. Any payment bond must be acceptable to the Sponsor and must be provided prior to the performance of service. The cost for the payment bond must have been included in the fee of the Consultant under this Agreement. A payment bond shall not be required for subconsultant services for which the aggregate costs are $25,000 or less or when the subconsultant is an engineering firm that is performing non - engineering services per current MoDOT policy. (28) CERTIFICATION ON LOBBYING Since federal funds are being used for this agreement, the consultant's signature on this agreement constitutes the execution of all certifications on lobbying which are required by 49 CFR Part 20 including Appendix A and B to Part 20. Consultant agrees to abide by all certification or disclosure requirements in 49 CFR Part 20 which are incorporated herein by reference. (29) ATTACHMENTS The following Exhibits and other documents are attached to and made a part of this Agreement: (A) Exhibit I : Project Description. (B) Exhibit II : Scope of Services. (C) Exhibit IIA Current FAA Advisory Circulars, Standards, Guidance and MoDOT Standards (D) Exhibit III Services Provided by the Sponsor. (E) Exhibit IV : Derivation of Consultant Project Costs. (F) Exhibit V : Engineering Basic and Special Services - Cost Breakdown. (G) Exhibit VI : Performance Schedule 25 Rev. 01 /01/11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their respective proper officials. Executed by the Consultant the Executed by the Sponsor the Sponsor: City of Cape Giarardeau By: Title: ATTEST: By: Title: Signature Signature day of , 20 day of 20 Consultant: Crawford, Murphy and Tilly M Signature Title: President ATTEST: IN Signature Title: 26 Rev _01 /01/11 EXHIBIT I PROJECT DESCRIPTION Remove and remark taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. Exhibit I A EXHIBIT II SCOPE OF SERVICES The Consultant, in consideration of the payment on the part of the Sponsor, agrees to perform the engineering services enumerated as follows: The Consultant will produce a letter format engineer's design report, construction plans, construction documents /technical specifications, tabulation of construction quantities and engineer's opinion of probable construction costs. The Consultant will assist the Sponsor with the preparation of any addenda during the bidding process. There will not be a prebid meeting. All services will be performed in accordance with all applicable federal, state and local laws, ordinances, regulations and codes, together with good engineering practice and applicable FAA advisory circulars (AC's), standards, guidance and /or agency orders and MoDOT requirements and changes /revisions current at the time of execution of this Agreement including but not limited to those listed on attached EXHIBIT IIA. The improvements that are being designed on the project shall be consistent with a current and approved Airport Layout Plan. The Consultant shall not proceed with services herein until a notice -to- proceed is received from the Sponsor unless otherwise requested by the Sponsor. The following is a detailed description of the specific services that are required by this Agreement. BASIC SERVICES 1. Preliminary a. Develop preliminary engineer's opinion of probable construction cost and project budget. 2. Design Phase a. Prepare preliminary letter format design report. As a minimum, the design report will include: • a narrative regarding the airport improvements in this project. • analysis of alternatives (life cycle) and recommendations. • pavement marking analysis. • a list of any proposed modifications to design /construction standards and other FAA and MoDOT standards along with the reason(s) and justifications for the modifications. • an engineer's opinion of probable construction cost. • summary of recommendations. b. Prepare construction plans and contract documents /technical Exhibit II -1 specifications in accordance with current MoDOT and FAA standards, and other criteria. 1) Prepare construction plans: The construction plans will be incorporated into the Contract Documents/Technical Specifications and delineate the improvements in the project. The construction plans will generally include the following: • Title sheet with project name /description, location map, index of sheets and runway data table. • General airport layout plan with safety /construction phasing plan. • General notes and summary of quantities (separate MoDOT and FAA specification items). • Taxiway and apron marking plans and details for taxiway centerlines and hold lines. • Miscellaneous ancillary details. 2) Prepare Contract Documents/Technical Specifications. 3) Revise plan quantities and preliminary engineers' opinion of probable construction cost and project budget. 4) Submit Construction Plans, Contract Documents/Technical Specifications, engineer's opinion of probable construction costs and project budget to the Sponsor and MoDOT for review and comments. The Sponsor will be provided with two (2) copies and MoDOT one (1) copy. 5) Finalize Construction Plans and Contract Documents/Technical Specifications with consideration of preliminary review comments from the Sponsor and MoDOT. 6) Submit a final letter format Design Report (1 copy), final sealed set of Construction Plans and Contract Documents/Technical Specifications (2 copies), Engineer's Opinion of Probable Construction Cost and Project Budget to the Sponsor and MoDOT. 3. Bidding Phase a. Assist the Sponsor with advertisement for bids and send "Notice to Bidders" to prospective contractors. (Sponsor shall place advertisements in appropriate media.) b. Print and distribute Construction Plans and Contract Documents/Technical Exhibit II -2 Specifications to plan holding houses and prospective Bidders. c. Answer questions, clarify points, and issue addenda as necessary pertaining to the Construction Plans and Contract Documents[Technical Specifications during the bidding phase. d. There will be no preconstruction meeting. e. City shall conduct the bid opening without the Engineer's presence. The City shall provide the Engineer the bid results. The Engineer shall tabulate and analyze bid results, review contractor's qualifications, and make recommendation of contract award to Sponsor. CONSTRUCTION SERVICES These services can be added by Supplemental Agreement per Section (17) of this Agreement. Exhibit II -3 EXHIBIT IIA FAA Advisory Circulars, Standards, Guidance and Commission Standards Revision 01/01/11 Sponsor is responsible to check the FAA website for the most current Advisory Circulars, AIP sponsor guides, and engineering briefs at the time of execution of the project consultant agreement. They are available on the FAA Central Region website at: ntr : 1,`'� R! tea g vta,rports %resourcesiadvisory circularsf. NUMBER TITLE 7017460 -1 K Obstruction Marking and Lighting Change 1 150/5050 -8 Environmental Management Systems for Airport Sponsor's 150/5070 -6B Airport Master Plans Change 1 150/5100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100 -15A Civil Rights Requirements for the Airport Improvement Program 150/5100 -17 Land Acquisition and Relocation Assistance for Airport Improvement Program Changes 1 -6 Assisted Projects 150/5190 -6 Exclusive Rights at Federally- Obligated Airports 150/5200 -28D Notices to Airmen (NOTAMS) for Airport Operators 150/5200 -30C Airport Winter Safety and Operations 150/5200 -32A Reporting Wildlife Aircraft Strikes 150/5200 -33B Hazardous Wildlife Attractants on or Near Airports 150/5200 -34A Construction or Establishment of Landfills Near Public Airports Qualifications for Wildlife Biologist Conducting Wildlife Hazard Assessments 150/5200 -36 and Training Curriculums for Airport Personnel Involved in Controlling Wildlife Hazards on Airports 150/5200 -37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5210 -5D Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210 -20 Ground Vehicle Operations on Airports Change 1 150/5210 -24 Airport Foreign Object Debris (FOD) Management 150/5220 -10D Guide Specification for Aircraft Rescue and Fire Fighting Vehicles Exhibit I IA -1 150/5220 -16C Automated Weather Observing Systems (AWOS) for Non Federal Applications 150/5220 -18A Buildings for Storage and Maintenance of Airport Snow and Ice Control 150/5320 -17 Equipment and Materials 150/5220 -20 Airport Snow and Ice Control Equipment Change 1 Standardized Method of Reporting Airport Pavement Strength -PCN 150/5220 -23 Frangible Connections 150/5230 -4A Aircraft Fuel Storage, Handling, and Dispensing on Airports 150/5300 -713 FAA Policy on Facility Relocations Occasioned by Airport Improvements or 150/5340 -26B Changes 150/5300 -913 Predesign, Prebid and Preconstruction Conferences for Airport Grant Projects 150/5300 -13 Airport Design Changes 1 -15 150/5300 -14B Design of Aircraft Deicing Facilities 150/5300 -15A Use of Value Engineering for Engineering Design of Airport Grant Projects 150/5300 -16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300 -178 General Guidance and Specifications for Aeronautical Survey Airport Imagery '! Acquisition and Submission to the National Geodetic Survey General Guidance and Specifications for Submission of Aeronautical Surveys 150/5300 -18B to NGS: Field Data Collection and Geographic Information System (GIS)' Standards 150/5320 -5C Surface Drainage Design Change 1 150/5320 -6E Airport Pavement Design and Evaluation 150/5320 -12C Measurement, Construction, and Maintenance of Skid Resistant Airport Changes 1 -8 Pavement Surfaces 150/5320 -17 Airfield Pavement Surface Evaluation and Rating (PASER) Manuals 150/5325 -413 Runway Length Requirements for Airport Design 150/5335 -5A Standardized Method of Reporting Airport Pavement Strength -PCN 150/5340 -1 K Standards for Airport Markings 150/5340 -5C Segmented Circle Airport Marker System 150/5340 -18F Standards for Airport Sign Systems 150/5340 -26B Maintenance of Airport Visual Aid Facilities Exhibit IIA -2 150/5340 -30E Design and Installation Details for Airport Visual Aids 150/5345 -3G Specification for L -821 Panels for Control to Airport Lighting 150/5345 -5B Specifications for Airport Lighting Circuit Selector Switch 150/5345 -7E Specification for L -824 Underground Electrical Cable for Airport Lighting Circuits 150/5345 -10G Specification for Constant Current Regulators Regulator Monitors 150/5345 -12F Specification for Airport and Heliport Beacon 150/5345 -13B Specification for L -841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26D Specification for L -823, Plug and Receptacle, Cable Connectors 150/5345 -27D Specification for Wind Cone Assemblies 150/5345 -28F Precision Approach Path Indicator Systems (PAP[) 150/5345 -39C Specification for L -853, Runway and Taxiway Retroreflective Markers 150/5345 -42F Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345 -43F Specification for Obstruction Lighting Equipment 150/5345 -44J Specification for Taxiway and Runway Signs 150/5345 -45C Low- Impact Resistant (LIR) Structures 150/5345 -46D Specification for Runway and Taxiway Light Fixtures 150/5345 -478 Isolation Transformers for Airport Lighting Systems 150/5345 -49C Specification L -854, Radio Control Equipment 150/5345 -50B Specification for Portable Runway and Taxiway Lights 150/5345 -51 B Specification for Discharge -Type Flasher Equipment 150/5345 -52A Generic Visual Glideslope Indicators (GVSI) 150/5345 -53C Airport Lighting Equipment Certification Program & Addendum 15015345 -54B Specification for L -884, Power and Control Unit for Land and Hold Short Lighting Systems 150/5345 -55A Lighted Visual Aid to Indicate Temporary Runway Closure 150/5345 -56A Specification for L -890, Airport Lighting Control and Monitoring System 150/5360 -9 Planning and Design of Airport Terminal Facilities at Non -Hub Locations 150/5360 -12E Airport Signing & Graphics Exhibit 1IA -3 150/5360 -13 Planning and Design Guidance for Airport Terminal Facilities 150/5360 -14 Access to Airports by Individuals with Disabilities 150/5370 -2E Operational Safety on Airports During Construction 150/5370 -6D Construction Progress and Inspection Report-- Airport Improvement Program 150/5370 -10E Standards for Specifying Construction of Airports 150/5370 -11A Use of Nondestructive Testing Devices in the Evaluation of Airport Pavements 150/5370 -12A Quality Control of Construction for Airport Grant Projects 150/5370 -13A Offpeak Construction of Airport Pavements Using Hot -Mix Asphalt 150/5370 -14A Hot Mix Asphalt Paving Handbook 150/5370 -15A Airside Applications for Artificial Turf 150/5370 -16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5380 -6B Guidelines and Procedures for Maintenance of Airport Pavements 150/5380 -7A Airport Pavement Management Program 150/5380 -8A Handbook for Identification of Alkali - Silica Reactivity in Airport Pavements 150/5380 -9 Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5390 -2B Heliport Design FAA 910 - Predesign Conference FAA 920 — Engineer's Report (& Pavement Design) FAA 940 —Regional Approved Modifications to AC 150/5370 -10 FAA 950 — Sponsor Modifications to FAA Standards FAA 960 - Safety Plan FAA 1040 — Preconstruction Conference FAA 1060 - Labor Provisions FAA 1100 — Runway Commissioning FAA 1310 — Environmental Site Assessment FAA 1750 - Pavement Maintenance FAA Engineering Briefs MoDOT MoDOT DBE Program The MoDOT DBE Program is available on the MoDOT website at the following address: http /(www modot mo govibusinesstcontractor resourceslexterna (civilrights.htm Exhibit IIA -4 EXHIBIT III SERVICES PROVIDED BY THE SPONSOR The Sponsor, as a part of this Agreement, shall provide the following: 1. Assist the Consultant in arranging to enter upon public and private property as required for the Consultant to perform his services. 2. Obtain approvals and permits from all governmental entities having jurisdiction over the project and such approvals and consents from others as may be necessary for completion of the project. 3. Prompt written notice to the Consultant whenever the Sponsor observes or knows of any development that affects the scope or timing of the Consultant's services. 4. One (1) copy of existing plans, standard drawings, bid item numbers, reports or other data the Sponsor may have on file with regard to this project. 5. All payments to landowners or tenants associated with the acquisition of the required property rights prior to or concurrent with closing. 6. All staff, procedures and activities related to acquiring the property , including but not limited to appraisals, reviews, negotiations, relocation assistance and eminent domain. 7. Pay all publishing cost for advertisements of notices, public hearings, request for proposals and other similar items. The Sponsor shall pay for all permits and licenses that may be required by local, state or federal authorities, and shall secure the necessary land easements and/or rights -of -way required for the project. 8. Issue Notice to Airmen (NOTAM's) through the applicable FAA Flight Service Station. 9. Disadvantaged business enterprise (DBE) goals for the project based upon proposed bid items, quantities and opinions of construction costs. 10. Guidance for assembling bid package to meet Sponsor's bid letting requirements. 11. Designate contact person (see paragraph 22 -A). 12. Pay costs for title searches. Exhibit III -I IWAmII -, Jki[I EXHIBIT V Exhibits IV and V - 1 EXHIBIT |Y'Shl DERIVATION OF CONSULTANT PROJECT COSTS CAPE G\RARDEAU REGIONAL AIRPORT CAPE G|R&RDEAU AIRFIELD TAXIWAY CENTERLINE AND HOLD LINE MARKING PROJECT PRELIMINARY, DESIGN, AND BIDDING PHASE SERVICES x�,:� zo,zo�^ 2 |T DIRECT SALARY COSTS TITLE HOURS_ RATE/HOUR — COST I$)_ Principal $0.00 Senior Project Engineer $452.32 Project Manager $1.302A4 Senior Engineer *33980 Engineer %121220 Senior Planner %0,00 Planner $0�00 Registered Land Surveyor o cvo $0.00 Senior Technician $8�00 Technician $225.80 Clerk/Secretary 3_ $57,81 m� Total Direct Salary Costs = $5,051�07 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD: Percentage of Direct Salary Costs @ �Q�l�_% = $5,04225 � SUBTOTAL: Items 1 and 2 = $0.99332 PROFIT: 15%uf Item 3Subtotal = $1,34900 Rounding = $020 Subtotal $1O.J4251 Lump Sum OUT EXPENSES: a. Mi|ouOv ao Miles @ *0 S0/ Mile = *134,40 b. Moo|o oDayu@ $32,80/Day= $0�00 o. Motel oNighb@ $77,0U/Night= $0,00 d. Survey Equipment T.S. Dayo@ *100.00 /Day = $a00 o Shipping = *9520 To 0vt-of-Poo6etExpenses = $229�60 SUBCONTRACT COSTS: a - h = h = cPrindng = $50000 = $500 MAXIMUM TOTAL FEE: Exhibit IV 2 Exhibit V K O K a z rc q o g N N 3 U 2 Q O jJ ¢VNi pJ yam.. KW WQ:' O � Z J K(7 qW is WV N a > U Q F W K Q Exhibit V -1 OU Z U�y ry Nv� `m Z� a` K � � n 6 N O Q J y Z UE^� N d N rtm K4 W m Qd d F p..6 — �V�O_i.�6F c�c4a�F y UU Q N Exhibit V -1 I�:crr_3r�ul PERFORMANCE SCHEDULE The Consultant agrees to proceed with services immediately upon receipt of written Notice to Proceed (NTP) by the Sponsor and to employ such personnel as required to complete the scope of services in accordance with the following time schedule: BASIC SERVICES A. Preliminary Phase As Required B. Design Phase 1. Submittal of Preliminary Design Report (14) calendar days after receipt of NTP 2. Plans & Specifications a. Submittal of 100 % Plans and Contract (30) calendar days Documents /Specifications for review after receipt of NTP b. Submittal of Final Design Report and Plans (14) calendar days and Contract Documents /Specifications after receipt of for bidding review comments C. Bidding Phase As Required CONSTRUCTION SERVICES 1. Construction Services As Required Exhibit VI - Staff: W. Eric Cunningham, City Agenda: Attorney 4/7/2014 SUBJECT A Resolution Establishing an Election Schedule for the Selection of a Council Member from Ward 3, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY Due to the resignation of Council Member Trent Summers, the Cape Girardeau City Charter requires the City Council to call a Special Election to fill the balance of his unexpired term. The purpose of the attached Resolution is to declare the existence of a vacancy, and to establish an election schedule for the selection of a replacement Council Member from Ward 3. BACKGROUND /DISCUSSION On April 1, 2014, Council Member delivered his Notice of Resignation from the City Council to the City Manager. Under Section 3.07(a) of the Cape Girardeau City Charter, that resignation will create a vacancy in his Council position. Section 3.07(c) of the City Charter governs the filling of vacancies on the City Council. That Section states as follows: "Filling of vacancies. A vacancy in the Council or in the Office of Mayor shall be filled by the Council for a period running until a special election can be held to fill the vacancy for the balance of the unexpired term, or until the normal expiration date for that term, whichever occurs first. The Council shall fill said vacancy within sixty (60) days after the date of its occurrence. Any Council Member so appointed must have been a resident of that member's Ward for a period of time not less than ninety (90) days immediately prior to the occurrence of the vacancy. For the purpose of filling vacancies, the requirement for a quorum, as provided in Section 3.13 of the Article, shall govern only if sufficient members remain on the Council." Council Member Summer's seat on the City Council would normally expire on April 8, 2016. Due to the fact that the City Council can call a special election for the purpose of filling this vacancy prior to the normal expiration date, the City Council is required to call such a special election. The winner of that special election will hold office as a Council Member from Ward 3 for the balance of the unexpired term. Article VII of the City Charter sets forth the procedure for nomination and election of Council Members. The required Nominating Petitions and Acceptance of Nomination forms must be filed with the City Clerk no earlier than the fifteenth (15th) Tuesday and not later than the eleventh (11th) Tuesday prior to the Primary Election date. A Primary Election must be held for Council Members if more than two (2) sufficient Nominating Petitions are received for that position. The names of the two (2) candidates receiving the highest number of votes for Council Member in each Ward are placed on the General Election Ballot in the order of the total number of votes received by each. Under Section 115.125 RSMo, the City Clerk must give notice to the County Clerk of any election at least ten (10) weeks prior to the election. Accordingly, the attached Resolution sets forth an Election Schedule which meets the requirements of these City Charter provisions. If no more than two (2) sufficient Nominating Petitions have been received, the August 5, 2014, election date will serve as a Special General Election date, and the winner will take his or her seat on the City Council. If more than two (2) Nominating Petitions are received, the August 5, 2014, election date will be a Special Primary Election date. The voters would then decide between the two individuals receiving the highest number of votes in a Special General Election to be held on November 4, 2014. Section 3.07(c) of the City Charter also states that the City Council must name a temporary replacement to fill the Ward 3 Council seat within sixty (60) days of the occurrence of the vacancy. The attached Election Schedule, however, does not affect that process. FINANCIAL IMPACT Calling an August election will result in an extra expense for the City Budget. Further, there could be additional costs for the City if allovember 4, 2014, election date is also required. STAFF RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution establishing an Election Schedule for the selection of a Council Member from Ward 3, in the City of Cape Girardeau, Missouri. ATTACHMENTS: Name: Description: 0 Election - Council Member Ward 3 2014.doc Election -Ward 3 BILL NO. 14 -52 RESOLUTION NO. A RESOLUTION ESTABLISHING AN ELECTION SCHEDULE FOR THE SELECTION OF A COUNCIL MEMBER FROM WARD 3, 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 Council does hereby determine and find that a vacancy exists in the Ward Three (3) Council seat by reason of the fact that the Ward Three (3) Council Member has resigned from office. ARTICLE 2. That the Charter of the City of Cape Girardeau, Missouri, requires that a special election be held to select a new Council Member from Ward Three (3). ARTICLE 3. The City Council hereby adopts the Election Schedule attached to this Resolution and made part hereof by incorporation. PASSED AND ADOPTED THIS DAY OF 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk ELECTION SCHEDULE MORI N IIN April 9, 2014 Petitions available for pickup from City Clerk April 22, 2014 Filing Period Opens May 20, 2014 Filing Period Closes May 21 -27, 2014 Special City Council Meeting at which time the City Council will adopt an emergency election ordinance setting an election for August 5, 2014. This may be a "primary election" if more than two (2) candidates file for the office or it may be designated as a "general" election if two (2) or fewer candidates file for the office. May 27, 2014 Election Notice to County Clerk August 5, 2014 Election August 26, 2014 Election Notice to County Clerk for November Election if August Election is a Primary Election November 4, 2014 Special General Election if the August Election is a Primary Election Staff: Bruce W. Loy, Airport Manager Agenda: 4/7/2014 SUBJECT An Ordinance authorizing the City Manager to execute State Block Grant Agreement Amendment #2 with the Missouri Highways and Transportation Commission to fund the construction and oversight costs to construct a set of ten T- Hangars at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY This State Block Grant provides the remaining funding for the construction (Zoellner Construction) and oversight (Crawford, Murphy and Tilly, Inc.) costs to construct a set often T- Hangars at the Cape Girardeau Regional Airport. BACKGROUND /DISCUSSION The Cape Girardeau Regional Airport has been in need of additional T- Hangars for several years. With the financial support of the Missouri Department of Transportation, Aviation Division (MoDOT), the airport advertised and opened bids on July 9, 2013, to construct a set of ten new T- Hangars. At the September 9 and September 23, 2014 Council meetings, the Council approved Amendment #1 to a Missouri State Block Grant Agreement, Project #12- 077A -1, for the funding of the construction of a new set of ten T- Hangars at the Cape Girardeau Regional Airport. The original grant provided the funding for all but $150,000 of the cost to construct the hangars. The City Council approved these funds previously through Amendment #1, however, due to errors in that amendment, we are resubmitting this Amendment #2. This attached grant amendment provides the additional $150,000 of funding. FINANCIAL IMPACT The overall winning bid from Zoellner Construction was $652,433.64. Including the cost of $36,298.62 for the design phase and $52,161.08 for the cost of construction oversight from Crawford, Murphy and Tilly, Inc., the total project cost for the hangars is $740,893.34. The original grant provided by MoDOT for the design of the hangars was for $34,485. The first amendment to that grant was approved by Council for an additional total of $502,697. The total local match necessary for these grants was $37,044. While these grant totals are a combination of several years' non - primary entitlement funding, our 2013 funds of $150,000 had not been allocated through the congressional budget process until now. The attached Amendment #2 to the original Block Grant Agreement provides the additional $150,000 necessary to fund the remaining cost of this project. The local match of $16,667 added to the grant will complete the necessary $740,893 needed to complete the project. In total, for this project, the City will have received $687,182 in grants funds with atotal local match of $53,711. When the hangars are completed and completely leased, the airport should see an annual revenue of approximately $22,000. STAFF RECOMMENDATION Staff recommends that Council authorize the City Manager to sign and execute the attached Missouri Highways and Transportation Commission Amendment #2 to the State Block Grant Agreement, Project #12- O77A -1, for an additional sum not to exceed $150,000 for construction of a set of ten T- Hangars and associated Taxilanes to be built at the Cape Girardeau Regional Airport in Cape Girardeau, Missouri. ATTACHMENTS: Name: Description: ❑ MODOT Block Grant Amendment 2- Airport 2014.doc MODOT State Grant Amend 2 Ord. LI T- Hangar Amendment #2 MODOT - - Hangar Amendment #2 Ordinance BILL NO. 14 -47 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A STATE BLOCK GRANT AGREEMENT AMENDMENT 42 WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TO FUND THE CONSTRUCTION AND OVERSIGHT COSTS TO CONSTRUCT A SET OF TEN T- HANGARS AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Manager is hereby authorized and directed to execute, on behalf of the City, State Block Grant Agreement Amendment 42 between the City of Cape Girardeau and the Missouri Highways and Transportation Commission to fund construction and oversight costs to construct a set of ten t- hangars at the Cape Girardeau Regional Airport, Project Number 12- 077A -1, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. Article 2. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS day of , 2014. Harry E. Rediger, Mayor (SEAL) ATTEST: Gayle L. Conrad, City Clerk CCO Form: AC10 -A Approved: 05/94 (MLH) Sponsor: City of Cape Girardeau Revised: 12/12 (MLH) Project No. 12- 077A -1 Modified: CFDA Number: CFDA #20.106 CFDA Title: Airport Improvement Program Federal Agency: Federal Aviation Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AMENDMENT TO STATE BLOCK GRANT AGREEMENT AMENDMENT#2 THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission ") and City of Cape Girardeau (hereinafter, "Sponsor "). W ITNESSETH: WHEREAS, the parties entered into an Agreement executed by the Sponsor on May 22, 2013, and executed by the Commission on June 6, 2013, (hereinafter, "Original Agreement") under which the Commission granted the sum not to exceed Thirty Four Thousand Four Hundred Eighty Five Dollars ($34,485) to the Sponsor to assist with T- Hangar #1 and Taxilanes; and WHEREAS, the parties entered into an Agreement executed by the Sponsor on September 24, 2013, and executed by the Commission on September 30, 2013, (hereinafter, "Amendment #11") under which the Commission granted the sum not to exceed Five Hundred Two Thousand Six Hundred Ninety Seven Dollars ($502,697) to the Sponsor to assist with T- Hangar #1 and Taxilanes; and WHEREAS, the Commission previously approved funds for T- Hangar #1 and Taxilanes; and WHEREAS, the level of funding originally approved is not sufficient to cover the costs associated with T- Hangar #1 and Taxilanes. WHEREAS, the Commission has sufficient funds to increase the grant amount for T- Hangar #1 and Taxilanes. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) ADDITIONAL GRANT The Commission grants to the Sponsor an additional sum not to exceed One Hundred Fifty Thousand Dollars ($150,000) for T- Hangar #1 and Taxilanes subject to the following conditions: (A) The Sponsor shall provide matching funds of not less than Sixteen Thousand Six Hundred Sixty -Seven Dollars ($16,667) towards the project in addition to those previously committed by the Sponsor in the Original Agreement. (B) The project will be carried out in accordance with the assurances (Exhibit 1) given by the Sponsor to the Commission as specified in the Original Agreement. (C) This Amendment shall expire and the Commission shall not be obligated to pay any part of the costs of the project unless this grant amendment has been executed by the Sponsor on or before April 30, 2014, or such subsequent date as may be prescribed in writing by the Commission. (D) All other terms and conditions of the Original Agreement and Amendment #1 entered into between the parties shall remain in full force and effect. IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below: Executed by the Sponsor this _ day of 20_ Executed by the Commission this day of , 20 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU Title Secretary to the Commission Approved as to Form: Commission Counsel By- Title By _ Title Approved as to Form: Title Ordinance Nc (if applicable) 2 CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as attorney for the Sponsor do hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing grant Agreement under the laws of the State of Missouri. Further, I have examined the foregoing grant Agreement and the actions taken by said Sponsor and Sponsor's official representative have been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said state and the Airport and Airway Improvement Act of 1982, as amended. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said grant constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. CITY OF CAPE GIRARDEAU Name of Sponsor's Attorney (typed) Signature of Sponsor's Attorney Date 3 Staff: Gayle L. Conrad, Director of Agenda: Citizen Services /City Clerk 4/7/2014 SUBJECT Appointment of two members to the Girardeau Goes Green Advisory Board for terms expiring July 1, 2016. EXECUTIVE SUMMARY Mr. Glen Williams resigned, and Mr. Brian Noto's membership from the Girardeau Goes Green Advisory Board was terminated for violation of the attendance policy. Both Mr. Williams and Mr. Noto were serving terms set to expire July 1, 2016. Ms. Annabelle Criddle, Mr. Christopher Macke, Mr. Marc Malinke, Mr. Daniel Presson, Mr. Forest Reutzel, and Mr. Mark Welker have expressed interest in being appointed. The board applications are attached. A copy of the board roster is also attached for your information. BACKGROUND /DISCUSSION In April of 2009, the City Council adopted an ordinance creating the Girardeau Goes Green Advisory Board. The purpose of this board is to develop cost effective recommendations for how the Cape Girardeau City Government can: 1. Reduce energy consumption 2. Improve energy use efficiency 3. Reduce the City's environmental impact 4. Participate in environmental projects 5. Enhance its sustainability 6. Serve as a role model by providing education information to the community As stated in the ordinance, the Council shall make every effort to appoint persons with a demonstrated interest in promoting environmental sustainability in City operations. To the extent available, the Board shall include professional members representing such disciplines as environmental science, engineering, resource management, transportation, public works, recreation, facilities management, construction, or any other field related to environmental science. In addition, every voting member of the advisory board must be a resident of the City of Cape Girardeau. However, if the city council makes a finding that special expertise is required, up to two (2) additional ex- officio members who are residents of Cape Girardeau County may also be appointed. STAFF RECOMMENDATION It is recommended that two appointments be made to the Girardeau Goes Green Advisory Board for terms expiring July 1, 2016. BOARD OR COMMISSION RECOMMENDATION The Girardeau Goes Green Advisory Board recommends the appointment of Ms. Annabelle Criddle and Mr. Marc Mahnke. Board Chairman Sam Blackwell will be present at the Study Session to answer any questions you may have. ATTACHMENTS: Name: ❑ Green Board Roster 03- 03- 14.doc ❑ cdddle.annabelle.03- 11- 14.pdf ❑ macke.christopher.03- 30- 14.idf ❑ mahnke.marc.01- 15- 14.pdf ❑ presson.daniel.04- 03- 14.pdf ❑ reutzel.forest.12- 05- 13.pdf ❑ welker.mark.03- 13 -14.0f Description: Girardeau Goes Green Board Roster Board App - Criddle, Annabelle Board App - Macke, Christopher Board App - Mahnke, Marc Board App - Presson, Daniel Board App - Reutzel, Forest Board App - Welker, Mark CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees March 3, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Patrick Koetting Steve Maldonado Jeff Green David Epps Chris Wubbena - Ex- officio Sam Blackwell Vacant (Williams) Bri an Noto Ex- Officio Stephen Overmann - Ex- officio Trent Summers - Ex- officio Council Girardeau Goes Green Advisory Board Date Appointed Date Reappointed January 24, 2012 - -- October 17, 2011 - -- September 23, 2013 - -- September 23, 2013 - -- June 17, 2013 - -- March 21, 2011 6/17/13 June 17, 2013 - -- June 18, 2012 to June 17, 2013 July 6, 2009 6/18/12 April 16, 2012 - -- Term Expires July 1, 2014 July 1, 2014 July 1, 2015 July 1, 2015 July 1, 2015 July 1, 2016 July 1, 2016 July 1, 2016 July 1, 2015 July 1, 2015 Serve three year terms appointed by Council. Two ex- officio members with special expertise residing in Cape Girardeau County can be appointed. Council member can serve as ex- officio member. Meetings held second Tuesday of each month., 7:00 p.m, Cape Public Library. Purpose is to develop cost effective recommendations on how the City organization can reduce its environmental impact, enhance its sustainability, and serve as a role model for the region. Staff contact — Mike Schott, Public Works, 339 -6351. Staff: Tim Morgan, Inspection Services Agenda: Director 4/7/2014 SUBJECT The Board of Appeals and city staff have recently discussed the looming vacancies on the Board and are making a recommendation to amend the requirements for qualified design professionals to serve on the Board. EXECUTIVE SUMMARY The Board of Appeals and Development Services staff, along with the Fire Marshal, will be undertaking the review of the 2015 International Code Council series of building codes and making recommendation for adoption in the next several months. To accomplish this task, staff would prefer that a full Board be available to review and make recommendations concerning the adoption of this new Code series. Currently, the Board has two (2) vacant alternate positions. Ability to fill these alternate positions with qualified design professionals would ensure a full Board would be available to review and make recommendations concerning this extremely important task of Code adoption. Staff has been unsuccessul in attempts to locate qualified design professionals that reside within City limits; however, staff is aware of and has approached several design professionals who would be willing to serve who currently live in Cape Girardeau County. These individuals regularly assist in designing projects in the City of Cape Girardeau. BACKGROUND /DISCUSSION Currently, the makeup of the Board is required according to the adopted amendments. The Board of Appeals is recommending amending the requirements for appointment to the Board contained in paragraph (10) as follows: (7) Section 113.3, Qualifications, is hereby repealed in its entirety and Appendix B Board of Appeals is substituted in its stead. (8) Section B 101.2 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, 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. If no applications have been received from qualified residents of the City, then qualified applicants from Cape Girardeau County may be considered." (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." The words "architectural" and "plumbing" are being stricken where indicated to clarify the types of experience required for registered design professionals. A registered design professional with architectural experience is an architect. A registered design professional with plumbing experience is a mechanical engineer. There is no classification of engineering termed plumbing engineer. The last sentence (in red) in paragraph (10) above amends the residency requirement to allow qualified applicants who are residents of Cape Girardeau County to be considered in the absence of any qualified applicants who are residents of the City of Cape Girardeau. GENERAL DIRECTION The Board of Appeals and city staff respectfully recommend adoption of the amendments as presented to the City Council with first reading of the ordinance during the regular meeting on Monday, April 21, 2014. ATTACHMENTS: Name: Description: No Attachments Available Staff: Gayle L. Conrad, CMC, MRCC, Agenda: City Clerk 4/7/2014 ATTACHMENTS: Name: Description: ❑ min.rivercampus.10- 11- 13.1df River Campus Board of Managers -October 11, 2013 ❑ min.SEMPO.02- 19- 14.pdf Southeast Metropolitan Planning Organization - February 19, 2014 ❑ min.library.02- 27- 14.idf Public Library Board of Trustees - February 27, 2014 ❑ min.golf.02- 27- 14.idf Golf Course Advisory Board - February 27, 2014 ❑ min.green.03- 11- 14.idf Girardeau Goes Green Advisory Board - March 11, 2014 ❑ min.chamber.04- 01- 14.pdf Chamber of Commerce Board of Directors - April 1, 2014 River Campus Board of Managers Minutes October 11, 2013 Noon in River Campus Seminary Conference Room Attendees: Bill Eddleman, Bill Holland, Rhonda Weller - Stilson, Dennis Vollink, Bob Cerchio, Ruth Knote and Dr Dobbins Absent: Scott Meyer and Jerry Ford Minutes from June: Stand as approved Information Items: • Alcohol Policy Updates — Dr. Dobbins discussed changes /updates to the River Campus Procedures Manual which include: a. River Campus Park Information — additional verbiage related to procedures for those interested in park rentals. b. Box Office clarification —of the house ticketing system for outside groups providing them the option to use other ticketing agencies. c. Alcohol Policy updates — Dr. Dobbins worked with Scott Meyer and resulting modifications have been made to city ordinances: Sec. 5 -13. Temporary caterers' permits; special caterers' licenses (b) Special caterers' licenses (1) Upon payment of the license fee herein provided, the city manager may issue a special caterers' license to caterers and other persons holding valid state and local liquor licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this chapter who furnish provisions and service for use at a particular function, occasion, or event at a particular location other than the licensed premises, but not including a "festival" as defined in RSMo Chapter 316. The special caterers' license shall be effective for a maximum of fifty (50) days during any year, and shall authorize the service of alcoholic beverages at such function, occasion, or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on— premises consumption, subject to the city manager's approval of the inspections of the location to be catered and all necessary equipment, background checks, and all other criteria required by this chapter. (2) Upon payment of the license fee herein provided, the city manager may issue a special caterers' license to caterers and other persons holding valid state and local liquor licenses to sell intoxicating liquor by the drink at retail for consumption on the premises pursuant to the provisions of this chapter who furnish provisions and service for use at a particular function, occasion, or event at a particular location other than the licensed premises, but not including a "festival" as defined in RSMo Chapter 316. The special caterers' license shall be effective for an unlimited number of functions during the year, and shall authorize the service of alcoholic beverages at such function, occasion, or event during the hours at which alcoholic beverages may lawfully be sold or served upon premises licensed to sell alcoholic beverages for on— premises consumption, subject to the city manager's approval of the inspections of the location to be catered and all necessary equipment, background checks, and all other criteria required by this chapter. (3) Caterers issued a special caterers' license pursuant to subsections (b)(1) and (2) of this section shall report to the city manager the location of each function three (3) business days in advance. The report of each function shall include permission from the property owner, description of the premises, and the date or dates the function will be held. (Code 1967, § 5 -14; Ord. No. 3378, art. 1, 9 -7 -04; Ord. No. 4506, art. 1, 10 -7 -13) • River Campus Summer Festival — Rhonda has met with Old Town Cape, Arts Council and Scott Meyer. The festival will take place June 21' from 10 to 5 and will include events and /or pieces from academic departments in addition to collaborative community activities. It has been confirmed this this won't conflict with other public events and the ultimate goal is to create opportunities to bring in the community and create excitement in a summer program; this in -turn should translate into tourism dollars for local business owners. The Festival will also include a production of Nunsense with Judith Farris, our resident artist, starring as the nun. Kenn Stilson will direct the production and the community will be incorporated into the construction, makeup and actors with a final cast party for the production to be held on the Bedell stage for all participating sponsors. We are looking for a large commitment to help defray costs at or around $25,000 and University Relations is helping with this part of the project. Several instructors are donating their time to the project and we hope to tie this in with other tourist attractions. We also want to involve high school students as part of the continuous education process and need to have community support in order to promote and build the festival in future years. • Construction Updates - Restroom addition is on schedule and will be completed by the end of November and ready for use in the spring. The new River Campus building is also on schedule with students set to move in fall of 2014. • Upcoming Shows - New Dance Horizons just presented and the next upcoming show is the St Louis Symphony Orchestra, set to perform Wednesday, October 30". Then Jack Daniels performs November 8th. In addition, a newly booked show entitled 'Menopause the Musical' will be presented November 5"and the university will receive modest revenues for this last minute booking. November 1" the Andy Warhol exhibit opens in the Museum Gallery. This will be the first time guests are able to see new acquisitions from the Andy Warhol Foundation. Valentina Igoshina performances will be held in March of 2014 and will assist with Music scholarships. Ruth Knote made motion, Dennis Vollink seconded — meeting adjourned. 7 Sou s i zlx `(voilpltanmolgton I � t £ / Organization BOARD OF DIRECTORS MEETING MINUTES February 19, 2014 (OsygeCerthre -Cape Gimmeau Board Voting Members Present. Mr Chaunry BuMheli, Southeast Missouri Regional Planning& Economic Development Com mission Mr. Charlie Honest , Cape Girardeau County Mr. Scott Meyer, City of Cape Girardeau Mr. Tom Mogelnl Wl, Cape Girardeau County Transit Authority Mr_ Harty Radioer, City of Cape Girardeau Mr Jim Roach City of ackson Board Ez -Orgdo Members Present. Mr_ Dan Overbey, Southeast Missouri Regional Pon Authority Mr Mari Seller, Missouri Department NTansportatlon Me. Betsy Tracy, Federal Highway Administration (v& conference all) Technical Planning Committee Members Present Mr_ Drew Christian, Southeast Missouri Regional Planning & Economic Development Com mission Me. Beth Glans, Southeast Missouri Slats University - Transit Mr. Brian Okenfuss, Missouri Department of Transportation Mr_ Larry Payne, Cape Girardeau Area Chamber a Commerce Qansportatlon Committee) Mrs Kelley Watson, Cape Girardeau County Tramp Authority Me. Molly Hood City of Cape Girardeau Mr Ryan Shrimplln, City N Cape Girardeau Call to Order Chairman Buchhalt called the meeting to order at203 p on sriud sns The group went around the room ,with each person gluing a brief lntrodutllsn. Beth Sldus was introduced as a representative N Southeast Missouri Slate University Transit Office Public Comments There were no public comments. Adoption of Agenda The February 19, 2014 Board Meeting Agenda was unanimously approved for adoption upon motion made by Mr. Mogelnicki and seconded by Mr. Roach. Minutes The minutes of the January 15, 2014 Board Meeting were unanimously approved upon motion made by Mr. Roach and seconded by Mr. Rediger. Communications from the Chairman There were no communications from the Chairman. New /Unfinished Business Chairman Buchheit presented Resolution No. 2014 -01, A Resolution amending the FY 2014- 2017 Interim Transportation Improvement Program. Mr. Shrimplin explained that the MoDOT Southeast District Office recently identified two pavement repair projects that were accidentally omitted from the document because the locations referenced originally did not appear to fall within SEMPO's boundary. The projects have been added as TIP Project Numbers M -14 -11 and M- 14 -12. The proposed amended document was posted on the website for public comment last month. The Technical Planning Committee passed a motion recommending approval of the proposed amended document on February 10, 2014. Mr. Meyer made a motion to approve Resolution No. 2014 -01. Mr. Mogelnicki seconded the motion. The motion passed by a vote of 6 in favor, 0 in opposition, and 0 abstaining. Mr. Shrimplin presented the initiative petition process scope of services document that Jeff Glenn presented to the Technical Planning Committee on February 10, 2014. Per the document, the first task is to develop a prioritization assessment process and submit it to MoDOT by the February 28, 2014 deadline. The second task is to conduct outreach meetings in March for key transportation stakeholders, facilitated by the consulting team. A list of the stakeholders will be prepared, and notice of the meeting provided via SEMPO's website, social media, and other means. The third task is to solicit ranked value propositions from stakeholders though an online survey ( "Important to Us ") conducted in March. The consulting team will then take the information obtained from the survey and develop a scoring tool for the Technical Planning Committee. In early April, the consulting team will present the results and the weighting criteria for the scoring tool. The Committee members will then utilize the scoring tool to assign a score to each project in the project list. In late April, the Committee will meet to prioritize the list and recommend approval to the Board of Directors. The Board will then meet later that day to approve the final prioritized list for submission to MoDOT by the April 30, 2014 deadline. In order to meet this schedule, the Technical Planning Committee agreed to hold two meetings in April. The first meeting will be held on April 9, 2014 with the second meeting to be held on April 23, 2014. Mr. Shrimplin explained that the Board would also need to meet on April 23, after the Technical Planning Committee meeting, to approve the final prioritized Southeast Metropolitan Planning Organization O oo Board Meeting Minutes February 19, 2014 Page 2 of 3 transportation project list for release to MoDOT. The Board agreed to hold a meeting on April 23, 2014 starting at 1:30 p.m. The Technical Planning Committee passed a motion recommending approval of the scope of services document on February 10, 2014. Chairman Buchheit stated that this same process is proposed for the SEMO RPC, who shared the document with the stakeholders for input. Mr. Seiler stated that since the process is the same for both organizations, SEMPO does not need to solicit stakeholder input as well. Mr. Roach made a motion to approve the scope of services document submitted by Jeff Glenn for developing a final prioritized transportation project list. Mr. Rediger seconded the motion. The motion passed by a vote of 6 in favor, 0 in opposition, and 0 abstaining. Mr. Shrimplin presented a tentative schedule for upcoming meetings and tasks. Between now and July, SEMPO will be working on finalizing the Title VI Program, the Public Participation Plan, the FY 2015 Unified Planning Work Program, and working on a draft of the Metropolitan Transportation Plan (formerly the Long Range Transportation Plan), in addition to developing the final prioritized transportation project list for the initiative petition. Other Communications Each person shared an update on their organization. Mr. Overbey explained that the Interim TIP currently shows zero dollar amounts for the Southeast Missouri Regional Port Authority projects. The reason for this is because the Port Authority's projects and priorities change frequently based on user needs, and as such the Port Authority typically applies for grants on short notice. Funding typically comes from various sources, which also poses challenges in getting committed projects for the TIP. Ms. Tracy emphasized that the TIP only includes fiscally constrained projects (i.e. funding awarded). Mr. Seiler stated that the initiative petition ballot was voted out of the House Committee to go to the floor. He thanked SEMPO for its work on assisting MoDOT with developing a prioritized transportation project list. Mr. Seiler stated that the Freight Forum has been rescheduled for February 25, 2014 at 9:00 a.m. The meeting has moved to the MoDOT Southeast District Office in Sikeston. Mrs. Watson stated that the FTA Region VII Office in Kansas City has requested that SEMPO submit a letter explaining that the Cape Girardeau County Transit Authority ( CGCTA) is a primary recipient of FTA Section 5307 funds, with Southeast Missouri State University as a sub - recipient. The letter must also include the ratio of disbursement and the amounts. She will provide Mr. Shrimplin with a copy of the Memorandum of Understanding between the CGCTA and the University to use in preparing the letter. Adjournment Upon motion made by Mr. Rediger, seconded by Mr. Mogelnicki, the meeting was adjourned unanimously at 2:51 p.m. J? Southeast Metropolitan Planning Organization Board Meeting Minutes February 19, 2014 Page 3 of 3 Respectfully submitted, Ryan Shrimplin Acting Executive Director CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Board Meeting: Thursday, February 27th, 2014 @ 7 am Cape Girardeau Public Library, Cape Girardeau, MO ATTENDANCE Present: Kevin Greaser, Fran Austin, Ed Thompson, John McGowan, Sheryl Smith, Joan Slaughter, Angel Hillman, Stan Irwin Also present: Director Betty Martin, Linda Bailiff MINUTES The meeting was called to order at 7:05 am. The January minutes were reviewed. Sheryl made a motion to approve the minutes, seconded by Joan. Motion passed. BILLS The bills were presented for approval. Angel made a motion to approve payment of the bills, Ed seconded the motion. Motion passed. PRESIDENT'S President Kevin Greaser announced Amy Trueblood is a possible new board REPORT member and distributed her application. She may be approved by the Mayor's office by the April Board meeting. The Budget & Personnel Committee is as follows: Sheryl Smith, Chair; Angel and Ed. Other Committee members will remain the same until a new board member has been appointed. DIRECTOR'S In addition to the BookMyne app. the library will also be adding a new mobile REPORT catalog— particularly helpful for those who do not own an Apple I- Phone. BETTY MARTIN A Wi -Fi usage chart was distributed and discussed. Library Advocacy Day was cancelled due to inclement weather, but Director Martin was not notified before she left town. She did visit with Senator Wallingford and Rep. Swan and gave both of them a copy of a PEW report on library relevancy. Rep Swan quoted some statistics from the PEW report in her weekly newsletter. Project Needs: The fence for the bio Swale will be installed when the weather improves. Mark Vogel referred Robin Talbert of KT Power Systems to assess the parking lot lighting. Robin joined the Board meeting at 7:30 to present her findings. Some areas of the front and rear parking lots are darker than recommended. Some Board members expressed safety concerns and asked about the cost to retrofit our existing lights to LED lighting. The initial cost of the new LED lights of approximately $1000.00 for each of 11 light standards can be offset by a credit the library has at Cape Electrical Supply and an Ameren credit for the retrofit. The lighting will be much brighter and more energy efficient. Ed made a motion to authorize KT Power Systems to submit a lighting design to the City Engineer for approval, seconded by John. Motion passed. Riverside Regional Library meeting: Director Martin met with the Director of Riverside Regional and he said their Board is not interested in pursuing a reciprocal agreement but would be willing to set up a meeting if requested. Under the circumstances the Board decided to table the idea for now. Director Martin will be attending the PLA Conference March 11 -15 in Indianapolis. The new surveillance camera policy was included in the packet and will be approved at the next meeting with the date changed. BY -LAWS AND Policy Committee: Needs to verify procurement procedures — what amount goes POLICIES out for bid vs. purchasing in house. PUBLIC Angel described the $750 contract for Josh Reeves to design the billboards, based RELATIONS on the premise of "How do you Library ?" The target date for the billboards is COMMITTEE National Library Week. BOARD RETREAT The Retreat can be held April 24 from 5 -8pm at the library. Will need to discuss a 3 -year long range plan, etc. Will discuss more at the March meeting. FRIENDS The Friends have established new membership levels and perks depending upon the donation amounts. See the enclosed "rack" card for further explanation. The Friends Spring Book Sale will be held March 7 -9 Friends approved the purchase of a Keurig coffee machine and serving cart for the public and will sell pods at a pass - through cost. The Concierge volunteers will be responsible for selling the coffee and maintaining the machine. ADJOURNMENT Meeting adjourned at 8:26 am. NEXT MEETING Thursday, April 24th — Board Retreat, Time TBD Recorder — Linda Bailiff (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING February 27, 2014 The Cape Girardeau Municipal Golf Course Advisory Board met at the Osage Centre on Thursday, February 27, 2014 at 12 noon. Present: Staff Present Chuck Heady, Board Member Scott Williams, Recreation Division Manager Eugene Farrar, Chairman Brian Schlichting, Golf Course Manager Jerry Brey, Secretary Stacey Welter, Administrative Coordinator Jim Hastings, Jr., Board Member Jordan Seabaugh, Administrative Secretary Mark Ervin, Board Member Robbie Guard, Board Member Jerry Grim, Vice - Chairman Rick Fehr. Board Member Absent: Bob Pastrick, Board Member; Julia Thompson, Guest: Parks & Recreation Director; Brock Davis, Parks Division Manager; Suzanne Carter, Recreation Coordinator 1. WELCOME /INTRODUCTIONS 2. APPROVAL OF MINUTES Eugene Farrar requested the approval of the January 23, 2014 minutes. Robbie Guard made the motion, seconded by Jerry Brey to approve the minutes as mailed. Motion passed. 3. OLD BUSINESS A. Golf Tee Renewal Signs Brian Schlichting reported River Eagle will be purchasing the Hole Number 12 marker. Saint Francis Medical Center will purchase the remaining two available markers. A company out of Florida won the bid for the markers. This company is significantly less expensive than local companies. Their bid was approximately $550.00 for each marker, including shipping. B. PRS and Casino Projects Scott Williams reported that the new trail way finding signs have been completed and picked up from our vendor and will be installed when weather permits. The new outdoor fitness equipment will also be going up when the weather permits. The Capaha shelter is third on the list of projects for Parks staff. Jerry Brey asked if the Capaha master plan had been completed. Scott Williams reported that Phase I of the plan has been approved and work will begin when weather permits. C. Land Acquisition adjacent to Golf Course Scott Williams reported that the owner sold a portion of the available land, and the City and Department are not in the position for any land acquisition at this time. Moving forward, the Department will be looking at ways to set aside funding to have available for land when it becomes available again. 4. NEW BUSINESS A. Discuss the need for an updated short/long range plan for the golf course 1. Board to consider over the next month the strengths and challenges of the current course and facilities. Scott Williams reported that the City Manager wants the board and staff to put down their ideas for a master plan to focus on the direction that the Golf Course wants to go. When the PRS tax goes for renewal, the Department will have a plan in place to present for the campaign. 2. Bring thoughts to the March meeting for discussion. Scott Williams asked that members come back to the March meeting with their own ideas for a master plan from the perspective of a player and a board member. B. Promotions and Marketing Subcommittee report GOLF COURSE ADVISORY BOARD FEBRUARY 27, 2013 PAGE 2 1. Brian Schlichting reported on the promotions the Golf Course has done in the past. Two years ago the Golf Course started doing Happy Hour Golf with tee time discounts. College student discounts and Twilight rates are offered to push people towards playing during non -peak times. Last year the board decided to do a military discount with the same guidelines as the college student discount. The Golf Course will continue to do these promotions for non -peak times. Schlichting reported on new promotions and marketing that were discussed during the subcommittee. a. A new promotion called "Save More with Four' would promote 25 percent off greens fees for every player in a foursome. b. "Swing into Spring" would be an event to welcome players back into golf season. A two dollar discount of greens fees on a set Saturday and Sunday would be offered, as well as a retail discount for concessions and other products. Facebook photo contests and hole contests could also be offered. Robbie Guard made a motion for Brian to move ahead with "Swing into Spring" pending Julia Thompson's approval. Jerry Grim seconded. Motion was approved. c. "Tee Time Prizes" was another promotion discussed. For every round played during set, non -peak times, the player's name is entered into a drawing for a free round during a non -peak time. Facebook contests to win a round during this time could also be used. d. The subcommittee also discussed marketing. Brian Schlichting reported that Facebook gives an opportunity to advertise events and uses geotargeting to reach specific areas. Google Ad Words is a pay - per -click marketing option and can advertise scheduling tee times through the website. Brian Schlichting would also like to run newspaper ads for tournaments. Call -in prizes through River Radio could be a radio marketing option. Shared billboard space with local businesses that the Department has relationships with could be an additional option. The Jaycees agreed to pay for the Golf Course tee time app for another year. 5. REPORTS A. Pro Shop update 1. Brian Schlichting reported that January was closed 19 out of 31 days. Last January the course was closed for a total of 18 days. January revenue is up $800 from last year, and 33 memberships were sold this January. January weekday rounds were down four rounds, but were up 15 rounds during the weekend. The Golf Course has been closed a total of 18 days in February. a. Updated committee list. Brian Schlichting handed out the committee lists. Jerry Brey, Mark Ervin and Robert Pastrick are the Promotions /Marketing committee. Robert Guard, Robert Pastrick and Jim Hastings are the Policies & Procedures committee. Jerry Brey, Jerry Grim and Rick Fehr are the Projects & Improvements committee. B. Golf Course Maintenance 1. Golf Course Project Update. Randy Leuder reported that all the mowers are serviced and ready to operate. On hole number 15 the tree is gone and the hole is cleaned up. That area will be seeded and strawed will be laid down. Staff will start trimming trees when the weather breaks. The staff will also be trimming underbrush from hole two and hole five tee boxes. C. Department Briefs 1. The Board was given the monthly staff briefs and updated on Department events and leagues. D. Melvin Gateley Garden 1. The Board was given the Melvin Gateley Garden flyer and registration information. E. Friends of the Park Day 1. The Board was given the flyer for Friends of the Parks Day. Robbie Guard said the Jaycees will be helping with the event. GOLF COURSE ADVISORY BOARD FEBRUARY 27, 2013 PAGE 2 6. OTHER BUSINESS 7.ADJOURNMENT Jim Hastings moved to adjourn. Jerry Grim seconded. Meeting adjourned at 12:52 p.m. The next scheduled meeting will be held on Thursday, March 27, 2014. Respectfully submitted, Jordan Seabaugh Recording Secretary Cape Girardeau Goes Green Advisory Board March 11, 2014 Meeting Minutes Cape Girardeau Public Library 711 North Clark Street Call to Order Chairperson Blackwell called the meeting to order at 7:03 p.m. Attendance The following Board Members were present: Sam Blackwell (Chair), Jeff Green, Steve Maldando (Vice Chair), and Steve Overmann (Secretary). The following Board Members were absent: David Epps, Patrick Koetting, Brian Notto, and Chris Wubbena. The following City Representatives were present: Mike Schott (City Staff Liaison) and Loretta Schneider (Interim City Council Liaison). The following City Representatives were absent: None. Guests: Annabelle Criddle. There were insufficient voting members present to achieve a quorum. Therefore, no official business was able to be conducted. III. Approval of January 14, 2014 Minutes The minutes were not approved due to lack of a quorum. IV. Discussion on Attendance Mike indicated that Brian Notto would be placed on the list for automatic termination from the Board due to inadequate attendance. There was discussion on the details of how absences are counted. Mike indicated that there are no "excused" absences from Board meetings. The was further discussion on procedures for reinstatement on the Board following termination for non - attendance. V. Applications for Board Membership Sam said that there were two applications for membership on the Board. He will send by email the pdf version of the applications. Members should vote for one of the two applicants and send their vote to Mike. VI. Update on Focus Group Activity A. Energy and Transportation Steve M. reported that the group had met. David had visited the municipal golf course and compiled an extensive list of recommendations for energy conservation. Steve M. said that the Focus Group would discuss these recommendations and prepare a written report for presentation at the next Board meeting. Steve M. indicated that there has been some discussion within the group about the potential use of human - powered vehicles for some City services and functions. B. Waste Management and Outdoor Sustainability Steve O. reported that the group had met. The group is planning on planting additional wildflower seeds at two locations along the bike trail. Tentatively, plantings will occur the last weekend of March or the first weekend of April. The date will depend upon the weather and the ability of Parks and Recreation personnel to prepare the ground for planting. C. Education Sam indicated that the group had met. He reported that Anne Marietta's class on sustainability at the University was continuing the review of websites appropriate for placement of links on the Green Board's web page. Sam indicated that one student in video production is working on a video on the City's recycling program. There was discussion of additional ideas for appropriate videos. Sam mentioned the possible development of an "Office Sustainability Checklist" for use by City offices. He will provide additional information on this at the next Board meeting. There was a short discussion about shredding of paper wastes. Steve O. indicated that this was a recommendation made in the Waste Audit Report prepared by the Waste Focus Group. Loretta indicated that this was a topic that should be pursued further. VII. Adjournment Steve M. moved to adjourn and Jeff seconded. The meeting adjourned at 7:43 p.m. The next meeting will be held April 8, 2014 at 7:00 p.m. in the Cape Public Library. Respectfully submitted, Stephen R. Overmann Cape Girardeau Area Chamber of Commerce Board of Directors Tuesday, April 1, 2014,7:30 a.m. Chamber of Commerce Board Room ( *- Action should be anticipated) Agenda 1. Call to Order Planning and Governance 2. *Minutes 3. *New Members / Drop Members 4. *Financial Statements 5. First Friday Coffee Location Reminder 6. Hospitality Tax Next Steps 7. Use Tax Actions 8. Co- Location Update Reports and Updates 9. Executive Staff Reports 10. Standing Reports a. Cape Area Magnet b. Convention & Visitors Bureau c. City of Cape Girardeau d. Cape Girardeau County e. Southeast Missouri State University f. Cape Girardeau Public Schools g. OTC Other Items 11. Other Business 12. Adjourn ITEMS DISCUSSED AT CHAMBER MEETINGS ARE CONFIDENTIAL AND SHOULD BE TREATED THAT WAY. PLEASE DO NOT RELEASE ANY INFORMATION WITHOUT PRIOR APPROVAL FROM THE PRESIDENT OR CHAIRMAN. President's Report March 2014 March 1 — March 8: Hosted Executive Committee meeting • Hosted Board of Directors meeting Met with local banker on several issues • Lunch with representatives from the Cape County Medical Society • Met with city representatives on several development issues Attended regional chamber meeting in Ste. Gen on legislative advocacy • Met with Joel Ray on several issues • Met with Chuck on CVB budget and plan Met with Missouri Partnership representatives and toured Select Plastics facility in Scott City Lunch with that same group • Dinner with local transportation leaders and Dave Nichols from MoDOT Attended First Friday Coffee • Did radio stint for Pancake Day • Conducted interview Presented on Use Tax at Republican Women's Club • Attended weekly TEAM wrap up meeting March 9 — March 15: • Met with representatives from the city and Pepsi Mid America Met with representatives from Buchheit's Did radio spot for Pancake Day • Worked on IDA issues • Pancake Day • Met with Tyler Cuba on local business issues Met with Mark Seesing on local opportunities Hosted CVB Executive Committee meeting • Attended ribbon cutting for Thompson Insurance • Attended weekly TEAM wrap up meeting March 16 — March 22: • Worked on additional IDA bonding questions • Attended Missouri Development Finance Board meeting in Jefferson City • Attended Business After Hours at the Isle • Attended ribbon cutting for Re -Bath • Attended Lions Club meeting • Toured Federal Building with prospect • Lunch with Scott Meyer • Met with Element 74 representative on 155 Corridor group • Hosted ribbon cutting for Cotton's Unlimited transportation • Hosted representatives from the Delta Regional Authority Leadership Academy to address upcoming visit • Attended weekly TEAM wrap up meeting March 23 — March 29: Prepared for MAGNET Board meeting • Prepared agendas for Chamber board • Hosted MAGNET Board of Directors meeting • Hosted meeting with engineering company looking at sewer upgrade possibilities on Nash Road for Cape and Scott City Spoke with reporters on Use Tax Did Use Tax presentation for local Rotary Club • Met with Paul Finlay on partnership possibilities Attended Lions Club meeting • Met with Rediger and Dobbins on several issues • Hosted Government & Public Policy Committee meeting • Attended United Way Board of Directors meeting • Met with James Stapleton on entrepreneurial opportunities • Lunch with local realtor and leaders on development possibility • Attended weekly TEAM wrap up meeting March 30 — March 31: • Hosted Executive Committee In addition, I met or spoke with more than 42 members and non - members on issues of importance to the area. Vice President's for Community Development Report March 2014 March 2 — March 8: • Attended Chamber Board • Worked on business park brochure • Lunch meeting with Bank of Missouri, regarding SBA lending • Chamber staff meeting • Attended legislative workshop with area Chamber executives (Ste. Gen, Farmington, Perryville, Jackson) • Met with a call center prospect • Hosted Community Development Corporation meeting • Attended First Friday Coffee • Met with candidate for Business Development Specialist position • Hosted Dr. Stapleton's Entrepreneurship Class at the Chamber to discuss what a chamber does • Met with economic development partners March 9 — March 15: • Met with John and Kim about upcoming items • Volunteered at Read to Succeed • Worked on business park brochure • Hosted Grow Strong at Dalhousie • Hosted Transportation Committee meeting • Met with Marla regarding downtown private developments • Met with developer regarding possible building acquisition and business model • Met with Dr. Leoni regarding a HHS Committee project • Attended CYP Event at Port Cape • Worked on business park brochure • Attended CVB Executive Committee meeting • Attended ribbon cutting for American Family Insurance • Lunch meeting with OTC • Met with Integra Wellness about new business coming to the area • Met with economic development partners March 16— March 22: • Met with John and Kim about upcoming items • Volunteered for Read to Succeed • Attended Healthy Communities Coalition • Worked on business park brochure • Attended Outdoor Exhibition committee meeting • Attended Business After Hours at the Isle • Hosted Health & Human Services Committee meeting • Attended chamber staff meeting • Attended ribbon cutting for Re -Bath • Attended OTC Economic Restructuring Committee meeting • Toured property with local developer investigating its purchase • Met with OTC Director • Participated in conference call with MEDC Public Policy Committee • Met with Brian Tapp regarding Innovation Index study • Met with developers regarding a project including multiple buildings • Worked on business park brochure 181WU • Attended ribbon cutting for Cottons Unlimited • Met with leaders coordinating the Delta Leadership Institute coming to Cape Girardeau for April session on Education and Workforce Development • Met with economic development partners March 23 — March 30: • Met with John and Kim about upcoming items • Volunteered for Read to Succeed • Did Chamber Minute Radio Show on First Friday Coffee • Phone call with Tina at RSVP /VIC regarding SERVE Initiative • Met with Marla about private developments in downtown • Home with a sick kiddo • Attended Outdoor Exhibition meeting • Met with Dr. Stapleton regarding summer entrepreneurship camp • Participated in Missouri Chamber legislative update phone conference call • Hosted Investment Committee meeting for the CDC at the office • Met with economic development partners March 31: • Attended Chamber Executive Board • Volunteered at Read to Succeed • Met with Theatre Development Group • Toured property for future development • Worked in office Vice President's for Community Development Report February 2014 February 2— February 8: • Snow day • Attended Chamber Board of Directors meeting • Birthday lunch with the office staff • Attended Downtown CID meeting • Attended AT &T luncheon to meet new area representative • Attended Leadership Development Committee meeting to present first draft of agenda • Met with John, Marla and Brian Tapp about upcoming initiatives • Met with Dr. Stapleton regarding a new entrepreneurship camp • Attended The Smoke Shak ribbon cutting • Met with economic development partners February 9 — February 15: • Drove to Jefferson City with John to attend conference • Attended MEDC Board of Directors meeting in Jefferson City • Attended MEDC Winter Conference in Jefferson City • Hosted Health and Human Services Committee meeting • Attended Chamber staff meeting • Met with City and Mall leaders regarding opportunities for development • Attended Grow Strong • Attended Transportation meeting • Met with new transportation and logistics new member about new business opportunities • Attended CTC /CTEluncheon • Attended First Friday Coffee • Participated in Missouri Chamber legislative phone call • Met with University staff regarding upcoming events • Met with economic development partners February 16 — February 22: • Worked on business park brochure • Participated in a phone call with Gilmore and Bell about CID technical advice • Met with a prospect regarding a downtown development • Attended Business After Hours • Attended Chamber staff meeting • Met with OTC Economic Restructuring Committee • Attended Downtown Development Team meeting • Attended Downtown CID meeting • Participated as a judge for FBLA competition at the University Center • Met with local business owner and a real estate agent regarding a new site for a current prospect • Presented Work Ready Coalition to Leadership Cape class • Attended Life Care Center Grand Opening and Ceremony • Attended the Pachyderm meeting about the Use Tax • Met with candidate for Business Development position • Met with BOLD Marketing • Met with economic development partners OVER February 23 — February 28: • Flew to San Diego to participate in RILA Conference in conjunction with the Missouri Partnership • Participated in a IEDC Webinar on repurposing aging retail centers • Attended Old Town Cape Annual Dinner at the Isle • Met with candidate for Business Development position • Coordinated and attended announcement for a new business, 24Seven, opened and hired new employees in Jackson • Attended a Discovery Playhouse announcement on new tax credits received • Met with economic development partners