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Council.Agenda.01-05-15.Packet
, �'"�:�---'. � � , � _ ` +� ' so � • ' � � � � � , � � � � � � � . . , �q%k Harry E. Rediger, Mayor City Council Chambers Joseph Uzoaru, Ward 1 City Hall Shelly Moore, Ward 2 401 Independence V ictor Gunn, Ward 3 Loretta Schneider, Ward 4 Cablecast on: Mark Lanzotti, Ward 5 City Public Access Channe1993 Wayne Bowen, Ward 6 www.cityofcapegirardeau.org January 5, 2015 Study Session 5:00 p.m. Items for Discussion • Cape Girardeau County Facilities Study Committee-Chairman Mike Seabaugh � • Planning and Zoning Commission Report • Appearances regarding items not on the agenda • Agenda review No action will be taken during the study session 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, properiy 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 Adrian Taylor Jr., Lighthouse Ministries in Cape Girardeau � Pledge of Allegiance Call to Order/Roll Call 1 ��I N ,. � � - . �C�'������ Adoption of the Agenda Presentations Communications/Reports • 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 December 15, 2014, City Council regular session and closed session minutes. 2. BILL NO. 14-147, an Ordinance amending Chapter 5 of the Code of Ordinance of the City of Cape Girardeau, Missouri, regarding Alcoholic Beverages. Second and Third Readings. 3. BILL NO. 14-192, an Ordinance amending Section 5-40(f) of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding liquor licenses. Second and Third Readings. 4. BILL NO. 14-195, an Ordinance approving the record plat of Gardner Subdivision. Second and Third Readings. 5. BILL NO. 15-03, a Resolution authorizing the City Manager to execute an Agreement with Norwald, Inc. for the LaSalle Water Tank Project, in the City of Cape Girardeau, Missouri. Reading and Passage. 6. BILL No. 15-04, a Resolution authorizing the City Manager to execute an agricultural lease agreement with Spring Hills Farms, LLC, at the Cape Girardeau Regional Airport. Reading and Passage. 7. BILL NO. 15-07, a Resolution authorizing the City Manager to execute an agreement with SAK Construction, LLC, for the Sanitary Sewer System Rehabilitation Project 2014, by the CIPP method, in the City of Cape Girardeau, Missouri. 8. BILL NO. 15-09, a Resolution authorizing the City Manager to Execute an Agreement with Cambridge Companies, Inc., for the Solid Waste Multi -use Transfer Facility, in the City of Cape Girardeau, Missouri. Reading and Passage. 9. Acceptance of Improvements and Authorize Final Payment to Nip Kelley Equipment Company, Inc. for the Meadowbrook Storage Tank. 10. A motion to accept the street, sanitary sewer, storm sewer, and waterline improvements to serve Walden Park Phase 3. Items Removed from Consent Agenda New Ordinances 11. Bill NO 15-01, an Ordinance Amending Section 15-337 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding rooms to lease, let, hire or rent. First Reading. 12. BILL NO. 15-02, an Ordinance authorizing the City Manager to execute Amendment #1 to a State Block Grant Agreement with the Missouri Highways and Transportation Commission, at the Cape Girardeau Regional Airport. First Reading. 13. BILL NO. 15-05, an Ordinance amending section 22-39 (b) of the City Code relating to Solid Waste. First Reading. 14. BILL NO. 15-06, an Ordinance amending section 22-47 (c) of the City Code relating to Solid Waste. First Reading. 15. BILL NO. 15-08, an Ordinance approving and adopting fee increases for Parks and Recreation Department Services at the Cape Splash Family Aquatics Center, in the City of Cape Girardeau, Missouri. First Reading. Appointments Other Business Meeting Adjournment Memos • Appointment to the Board of Appeals • Appointments to the Tree Board Advisory Board Minutes • Keep Cape Beautiful Beautification Committee Minutes, October 28, 2014 Public Library Board of Trustees Minutes, November 20, 2014 Staff: Bruce Taylor,Deputy City Clerk Agenda: 1/5/2015 ATTACHMENTS: IN a rn e: El min. 12-15-14. Regular. pd 771 min.12-.15.14 closed.pd Deceimbeir 15, 2014 RegUlair Session Deceimbeir 15, 2014 Closed Session Regular December 15, 2014 DRAT ■ REGULAR SESSION - December 15, 2014 CLOSED SESSION Legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.02(1), (2), and (3). A Motion was made by Wayne Bowen, Seconded by Loretta Schneider to convene to closed session. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. INVOCATION Pastor Byron Bonner, True Vine Ministries in Cape Girardeau PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, December 15, 2014, at 7:00 p.m. with Mayor Hairy Rediger presiding and Council Members Wayne Bowen, Mark Lanzotti, Shelly Moore, Loretta Schneider, and Joseph Uzoaru present. Victor R. Gunn was absent. ADOPTION OF AGENDA A Motion was made by Mark Lanzotti, Seconded by Loretta Schneider to approve. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. PRESENTATIONS Mayor Rediger presented a Proclamation to Head Coach, Nathan Norman and Athletic Director, Lance Tollison, honoring the 2014 Cape Central Tigers Football Team. COMMUNICATIONS/REPORTS Mayor Hairy Rediger commented that Ameren Missouri broke ground Friday, December 5, 2014, for a line that will come into the City from the west. The project will increase the reliability of the electrical service. On December 10, 2014, Mayor Rediger toured AT&T fiber line installation sites from Jackson to the business park. The project completion will allow the business park to be an "AT&T certified fiber park". Mayor Rediger added that this will aid in attracting businesses. Mayor Rediger also stated that he had recently attended a ribbon cutting at the KFVS12 studio where a very large investment into digital infrastructure was made. He recognized KFVS12 as an important news media partner to our community. Council Member Wayne Bowen stated that he wanted to thank the five Cape Girardeau Police Officers, who also serve in the National Guard, and who were called to serve at Ferguson during the Thanksgiving Holiday week. Regular December 15, 2014 D'RA FT Council Member Loretta Schneider mentioned that the Parks and Recreation Foundation event, Breakfast with Santa, at the Osage Centre, Saturday, December 13, 2014, was a success. City Manager Scott Meyer said he thought that it was appropriate to take a look back and celebrate successes of the year, since this was the last Council Meeting for calendar year 2014. Mr. Meyer stated that his directive from Council included five main objectives: Enhancing our Position in Economic Development; Improving the Safety and Health of Our Citizens and Employees; Keeping Fiscal Discipline Visible; Improving Neighborhoods; and Streamlining Citizen and Business Interactions with the City. Mr. Meyer continued by listing several successes under each category. Afterwards, he stated that the City had several successes moving it forward, and that he was looking forward to 2015. Mr. Meyer added that the City staff is very professional and are diligent stewards for the citizens. Mayor Rediger commended City Manager Meyer and the leadership team. He added that 2015 looks like it will be a very exciting year, and he is eager to continue the momentum. APPEARANCES None. CONSENT AGENDA Approval of the December 1, 2014, City Council regular session and closed session minutes. BILL NO. 14-184, an Ordinance amending Section 17-98 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding unlawful possession or use of weapons. Second and Third Readings. BILL NO. 14-186, an Ordinance approving the record plat of Dodson Farm Subdivision. Second and Third Readings. BILL NO. 14-187, an Ordinance amending Schedule T of Section 26-260 of the City Code, by amending handicapped parking along a portion of Fountain Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-193, a Resolution authorizing the City Manager to execute an agreement with J & S Construction/Demolition, for the demolition of various buildings, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 14-194, a Resolution authorizing applications to the 2015 Household Hazardous Waste Grant Program, and authorizing the City Manager to execute all necessary grant program documents. Reading and Passage. Accepting improvements and authorizing final payment to Zoellner Construction Company, Inc. for the construction of a 10 Unit T -Hangar for the Cape Girardeau Regional Airport, State Block Grant No. 12- 077A-1. Regular December 15, 2014 'RAFT BILL NO. 14-184 will be Ordinance 4651; BILL NO. 14-186 will be Ordinance 4652; BILL NO. 14-187 will be Ordinance 4653; BILL NO. 14-193 will be Resolution 2859; and BILL NO. 14- 194 will be Resolution 2860. A Motion was made by Wayne Bowen, Seconded by Loretta Schneider to approve. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. NEW ORDINANCES BILL NO. 14-147, an Ordinance amending Chapter 5 of the Code of Ordinance of the City of Cape Girardeau, Missouri, regarding Alcoholic Beverages. First Reading. A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. BILL NO. 14-191, an Ordinance authorizing the City Manager to execute a State Block Grant Agreement Amendment 94 with the Missouri Highways and Transportation Commission to fund the construction and construction services of T -Hangar 91 and taxilanes at the Cape Girardeau Regional Airport. First, Second, and Third Readings. BILL NO. 14-191 will be Ordinance 4654. A Motion was made by Mark Lanzotti, Seconded by Loretta Schneider to approve. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider. Uzoaru. Absent: Gunn. BILL NO. 14-192, an Ordinance amending Section 5-40(f) of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding liquor licenses. First Reading. A Motion was made by Wayne Bowen, Seconded by Loretta Schneider to approve. Motion passed. 6-O.Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. BILL NO. 14-195, an Ordinance approving the record plat of Gardner Subdivision. First Reading. A Motion was made by Loretta Schneider, Seconded by Mark Lanzotti to approve. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. APPOINTMENTS Appointments to the Board of Examiners Mr. Marc Wicks was reappointed for a term expiring January 1, 2018. Mr. Dan Schlueter and Mr. Forest Reutzel were appointed for terms expiring January 1, 2018. A Motion was made by Loretta Schneider, Seconded by Shelly Moore to appoint. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. Appointment to the University of Missouri Extension Council. As per State Statute, the Mayor shall appoint the representative for the City of Cape Girardeau. Ms. Brandi Holder was reappointed for a term expiring February 28, 2017. A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to confirm. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. Regular December 15, 2014 DRAFT MEETING ADJOURNMENT There being no further business, the meeting was ended at 7:29 p.m. A Motion was made by Mark Lanzotti, Seconded by Joseph Uzoaru to adjourn. Motion passed. 6-0. Ayes: Bowen, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Absent: Gunn. Hairy E. Rediger, Mayor Gayle L. Conrad, City Clerk Staff: Wes Blair, Chief of Police Agenda: 1/5/2015 SUBJECT Amending the City Code relating to alcoholic beverages to include a new Section prohibiting underage individuals from entering the premises of an establishment that sells intoxicating liquor. Staff further recommends mandatory server training with proof of certification being maintained at the licensee's premises, and restricting selling drinks for less than cost. EXECUTIVE SUMMARY Staff recommends amending the current liquor ordinance to include restricting minors under the age of 21 from entering establishments that serve alcohol. Restaurants whose primary purpose for being in business is the sale of food, and has more than 50% of its sales from food prepared on the premises are exempted from this requirment. Golf courses, bowling alleys, sports complexes and publically owned community centers are also exempt. Additionally, establishments will be restricted from offering intoxicating liquor or beer at less than the cost to the license holder, or an unlimited number of drinks containing beer. Establishments will also be restricted from offering intoxicating liquor or beer during a set period of time for a fixed price. The licensed premises shall not sponsor or allow any game or contest which involves drinking, or awarding any drinks containing beer or intoxicating liquor as a prize. Lastly, individuals participating directly in the sale of intoxicating liquors or beer must undergo mandatory server training at least once every two years, and maintain proof of certification at the licensee's premises. BACKGROUND/DISCUS SION Through compliance checks and other enforcement efforts, the police department has seen a rise in underage drinking at some establishments that allow patrons under the age of 21 to enter into their premises. It is often difficult to discern if a minor is consuming alcohol during enforcement efforts when underage patrons are allowed to intermingle with patrons over the age of 21. Frequently, underage drinkers will have their drinks purchased by an adult to circumvent the systems put into place by establishments to prohibit underage drinking. Prohibiting minors from entering these establishments will make enforcement efforts more effective, and it will aid in limiting the liability of licensees who now unknowingly provide alcohol to a minor who is using an adult as an intermediary to unlawfully purchase intoxicating liquors. Currently, the police department strongly encourages licensees to require their servers to attend, either in person or online, a server training course. This training is an alcohol awareness program that facilitates the server's ability to recognize when minors are attempting to purchase intoxicating liquors, and it provides them with verifiable plans of action to combat underage drinking. Staff recommends this training be made mandatory, with the requirement that licensees maintain proof of the training on site. ATTACHMENTS: Nairne: 771 Liquor Revision 5-12 5-48 5-49 Minors.doc Ordinance IReagaireliiinag Alcoholic IBeveirages Ch 5 BILL NO. 14-147 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING ALCOHOLIC BEVERAGES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 5-12, of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 5-12. Prohibited acts committed by and involving minors; presumption for sealed containers; exceptions. (a) Misrepresentation of age by minor. No person between the age of seventeen (17) years and twenty-one (21) years shall represent that he has attained the age of twenty-one (21) years for the purpose of purchasing, asking for or in any manner receiving any intoxicating liquor. (b) Purchase or possession of intoxicating liquor. Any person under the age of twenty- one (21) years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in this section, or who is visibly in an intoxicated condition, or has a detectable blood alcohol content of more than two -hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a violation of this section. In prosecutions pursuant to this chapter, the municipal court will presume that the contents of a manufacturer sealed container describing that there is intoxicating liquor therein, does contain the listed contents. This presumption may be rebutted by the defendant by the presentation of good and sufficient evidence to the contrary. 1 (c) Duty of licensee, etc. No person licensed under the provisions of this chapter and the general ordinances of the city, nor any employee of such person shall permit or suffer any child to enter, visit or remain upon any licensed premises where intoxicating liquor is served or is sold to be consumed on the premises, unless such child is accompanied by one (1) of his parents or by his legal guardian. For the purpose of this section "child" is defined as a person under the age of seventeen (17) years. (d) Parent or guardian required to accompany minor. No child shall enter, visit or remain upon the premises described in subsection (c) above unless such child is accompanied by one (1) of his parents or by his legal guardian. (e) Public picnics, fairs, bowling alleys, excepted. The provisions of this section shall not apply to public picnics, fairs or bowling alleys. (f) Food establishments excepted. The provisions of subsection (c) and subsection (d) above shall not apply to those establishments whose primary purpose for being in business is the sale of food, and when the sale of intoxicating liquor is incident to the primary purpose of the sale of food, a child may enter and remain upon such premises solely for the purpose of purchasing food. is hereby repealed in its entirety, and a new Section 5-12 of the City of Cape Girardeau, Missouri, is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 5-12. Prohibited acts committed by and involving minors; exemptions. (a) Misrepresentation of age by minor. No person between the age of seventeen (17) years and 2 twenty-one (21) years shall represent that he or she has attained the age of twenty-one (21) years for the purpose of entering into an establishment that sells or supplies intoxicating liquor, or purchasing, asking for or in any manner receiving any intoxicating liquor. (b) Purchase or possession of intoxicating liquor. Any person under the age of twenty- one (21) years, who purchases or attempts to purchase, or has in his or her possession, any intoxicating liquor as defined in this section, or who is visibly in an intoxicated condition, or has a detectable blood alcohol content of more than two -hundredths of one percent or more by weight of alcohol in such person's blood is guilty of a violation of this section. In prosecutions pursuant to this chapter, the municipal court will presume that the contents of a manufacturer container describing that there is intoxicating liquor therein does contain intoxicating liquor. This presumption may be rebutted by the defendant by the presentation of good and sufficient evidence to the contrary. (c) Duty of licensee, etc. No person licensed under the provisions of this chapter and the general ordinances of the city, nor any employee of such person shall permit or fail to prohibit any minor to enter, visit or remain upon any premises where intoxicating liquor is served or is sold to be consumed on the premises, unless such minor is accompanied by one (1) of his or her parents or by his or her legal guardian. For the purpose of this section "minor" is defined as a person under the age of twenty-one (21) years. The prohibition contained herein shall not apply to employees authorized under Section 5-5 of this Chapter. (d) Parent or guardian required to accompany minor. No minor shall enter, visit or remain upon the premises described in subsection 3 (c) above unless such minor is accompanied by one (1) of his or her parents or by his or her legal guardian. (e) Exemptions. The provisions of subsection (c) and subsection (d) above shall not apply to: (1) Golf course with nine (9) or more holes. (2) Bowling alley with five (5) or more lanes. (3) A sports complex or community center owned by a public entity. (4) Locations that have a business license to operate as a public building, public grounds, or public hall as defined in Sec. 15-1 of this Code and are exclusively used as such. The exemption shall only apply during the hours of 6:00 am to 10:00 pm. (5) Temporary permits issued pursuant to Sec. 5-13 of this Chapter to any charitable or religious organizations that have 501(c)(3) status with the Internal Revenue Service. (f) Restaurants exempted. The provisions of subsection (c) and subsection (d) above shall not apply to those establishments whose primary purpose for being in business is the sale of food and has more than fifty (50) percent of its sales from food prepared on the premises. A minor may enter and remain upon such premises solely for the purpose of purchasing food. ARTICLE 2. Section 5-48, of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 5-48. Consumption liquor license; license required; regulations; penalties; exceptions. (a) It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, to permit the drinking or consumption of intoxicating liquor in the premises, without having a license as in this section provided. (b) Application for such license shall be made to the city manager on forms to be prescribed by him, describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in this section after complying with the process for city council approval set forth in this article. A license shall be required for each separate premises and shall expire on the thirtieth day of June next succeeding the date of such license. The license fee shall be three hundred dollars ($300.00) per year and the applicant shall pay twenty-five dollars ($25.00) for each month or part thereof remaining from the date of the license to the next succeeding first of July. Applications for renewals of licenses shall be filed on or before the first of May of each year. (c) The drinking or consumption of intoxicating liquor shall not be permitted in or upon the licensed premises by any person under twenty-one (21) years of age, or by any other person between the hours of 1:30 a.m. and 6:00 a.m. on any weekday, and between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this chapter and the regulations promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. The provision of this section regulating the drinking or consumption of intoxicating liquor between certain hours and on Sunday shall apply also to premises licensed under this chapter to sell intoxicating liquor by the drink. No person shall be granted a license hereunder unless such person is of Wi good moral character and a qualified legal voter and a taxpaying citizen of the city, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the city. (d) Any premises operated in violation of the provisions of this section, or where intoxicating liquor is consumed in violation of this section, is hereby declared to be a public and common nuisance, and the city manager and the city attorney shall have the authority to prosecute such violation in municipal court and to enjoin such nuisance. (e) Any person operating any premises, or any employee, agent, representative, partner, or associate of such person, who shall knowingly violate any of the provisions of this section, or any of the laws or regulations herein made applicable to the conduct of such premises, is guilty of a misdemeanor. (f) The city manager is hereby empowered to revoke or suspend any license issued hereunder for violation of this section or any of the laws or regulations herein made applicable to the conduct of premises licensed hereunder. (g) Nothing in this section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this section by a wholesaler licensed under the other provisions of this chapter to a person licensed to sell the intoxicating liquor at retail. (h) No intoxicating liquor may be served or sold on any premises used as a polling place on election day. rel is hereby repealed in its entirety, and a new Section 5-48 of the City of Cape Girardeau, Missouri, is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 5-48. Consumption liquor license; license required; regulations; penalties; exceptions. (a) It shall be unlawful for any person operating any premises where food, beverages or entertainment are sold or provided for compensation, who does not possess a license for the sale of intoxicating liquor, to permit the drinking or consumption of intoxicating liquor in the premises, without having a license as in this section provided. (b) Application for such license shall be made to the city manager on forms to be prescribed by him, describing the premises to be licensed and giving all other reasonable information required by the form. The license shall be issued upon the payment of the fee required in this section after complying with the process for city council approval set forth in this article. A license shall be required for each separate premises and shall expire on the thirtieth day of June next succeeding the date of such license. The license fee shall be three hundred dollars ($300.00) per year and the applicant shall pay twenty-five dollars ($25.00) for each month or part thereof remaining from the date of the license to the next succeeding first of July. Applications for renewals of licenses shall be filed on or before the first of May of each year. (c) The drinking or consumption of intoxicating liquor shall not be permitted in or upon the licensed premises by any person under twenty-one (21) years of age, or by any other person between the hours of 1:30 a.m. and 6:00 a.m. on any weekday, and between the hours of 1:30 a.m. Sunday and 6:00 a.m. 7 Monday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this chapter and the regulations promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. The provision of this section regulating the drinking or consumption of intoxicating liquor between certain hours and on Sunday shall apply also to premises licensed under this chapter to sell intoxicating liquor by the drink. No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the city, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the city. (d) Any person involved in the direct participation in retail sales of intoxicating liquor is required to complete an alcohol education program that is approved by the Chief of Police or his designee once every two years. No person licensed under the provisions of this chapter and the general ordinances of the city, nor any employee of such person shall permit or fail to prohibit any person from participating directly in the retail sale of intoxicating liquor who has not completed such program as required herein. A licensee shall maintain a certificate of an employee's successful completion of such program on the licensee's premises and such records shall be available for inspection upon demand by the City of Cape Girardeau, a police officer or liquor control agent. For purposes of this section, the phrase "direct participation in retail sales" includes the duties of accepting payment, taking orders, serving, mixing, or assisting in mixing or serving of intoxicating liquor and includes, but not limited to, a manager/supervisor, bartender, server, cashier, sales clerk or N. door person. It shall be an affirmative defense to a charge of violating this subsection that the person working in such capacity at the time of the alleged offense had been employed at the place of business for less than fifteen (15) days. (e) Any premises operated in violation of the provisions of this Chapter, or where intoxicating liquor is consumed in violation of this Chapter, is hereby declared to be a public and common nuisance, and the city manager and the city attorney shall have the authority to prosecute such violation in municipal court and to enjoin such nuisance. The city manager shall have the authority to deny a liquor license for any location that has been declared to be a nuisance due to violations of this Chapter or this Code. (f) Any person operating any premises, or any employee, agent, representative, partner, or associate of such person, who shall violate any of the provisions of this section, or any of the laws or regulations herein made applicable to the conduct of such premises, is guilty of a misdemeanor. (g) The city manager is hereby empowered to revoke or suspend any license issued hereunder for violation of this Chapter, the Code of the City of Cape Girardeau or any laws or regulations applicable to the conduct of premises licensed hereunder. (h) Nothing in this section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this section by a wholesaler licensed under the other provisions of this chapter to a person licensed to sell the intoxicating liquor at retail. (i) No intoxicating liquor may be served or sold on any premises used as a polling place on election day. I ARTICLE 3. A new Section 5-49, entitled, "Drink specials prohibited", is hereby enacted, in words and figures, to read as follows: Sec. 5-49. Drink specials prohibited. No person licensed under the provisions of this chapter, nor any employee of such person shall permit or fail to prohibit any of the following: (a) The sale, offering, or delivery for sale beer or intoxicating liquor of any type, at less than the cost of the beer or liquor to the license holder; (b) The sale, offering, or delivering to any person an unlimited number of drinks containing beer or intoxicating liquor of any type during a set period of time for a fixed price; (c) Within the business establishment or the licensed premises, any game or contest which involves drinking or awarding any drinks containing beer or intoxicating liquor of any type. ARTICLE 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 5. This Ordinance shall be in full force and effect July 1, 2015. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 10 2014. Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 1/5/2015 SUBJECT An ordinance amending the city's liquor ordinance relating to sales of light wines not in excess of 14% alcohol. EXECUTIVE SUMMARY In order to properly license establishments that serve light wines, it is necessary to update the City's liquor ordinance to mirror the State Statutes. The State of Missouri licenses retailers of the liquor by the drink not more than 5% and light wine up to 14%. The City ordinance requires a license for 5% liquor by the drink but does not address light wines. BACKGROUND/DISCUSSION In approximately 2010, the State of Missouri eliminated verbiage in the state statutes relating to licensing for liquor by the drink up to 3.2 percent. At that time, the City updated its ordinance to mirror the State Statute, but in the same ordinance the provision for licensing for light wines was inadvertently removed. Since that time, the City has continued to license establishments selling wine under the five percent liquor by the drink provision even though the wines exceeded the 5% limit. Recently this provision of our ordinance was reviewed with the State Liquor Control Agent, and it is recommended that the provision for the licensing of light wines be added back to our ordinance to mirror the state statutes. FINANCIAL IMPACT There will be no financial impact from this ordinance change. Establishments selling wine have continually been licensed under the 5% liquor by the drink provision at a cost of $52.50 per year. This rate will remain the same, but the type of license will be amended to be 5% liquor by the drink and light wines not in excess of 14% alcohol. STAFF RECOMMENDATION Staff recommends the Council adopt this ordinance amending the City Code relating to liquor licenses to mirror the State Statutes. ATTACHMENTS: r DescitiiIrrofiare iegN Whine Ordinance BILL NO. 14-192 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 5-40(f) OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING LIQUOR LICENSES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 5-40(f), of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: (f) Retailers of liquor by drink not more than five (5) percent. The fee for retailers selling intoxicating liquors in the original package or for consumption on the premises shall be fifty-two dollars and fifty cents ($52.50) . is hereby repealed in its entirety, and a new Section 5- 40(f) of the City of Cape Girardeau, Missouri, is hereby enacted in lieu thereof, in words and figures, to read as follows: (f) Retailers of liquor by drink not more than five (5) percent and light wines. The fee for retailers selling intoxicating liquors with an alcoholic content of not more than five (5) percent by weight in the original package or for consumption on the premises, and for light wines containing not in excess of fourteen (14) percent of alcohol by weight made exclusively from grapes, berries and other fruits and vegetables, at retail by the drink for consumption on the premises where sold, shall be fifty-two dollars and fifty cents ($52.50). 1 ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 2 2014. Staff: Ryan Shrimplin, AICP - City Agenda: Planner 1/5/2015 SUBJECT An Ordinance approving the record plat of Gardner Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Gardner Subdivision. BACKGROUND/DISCUS SION A record plat has been submitted for Gardner Subdivision, located on Timber Creek Drive. The subdivision is zoned R-1 (Single-family Suburban Residential District). The plat combines two existing lots into one new lot. As part of the plat, an existing 10' utility easement is being eliminated. The plat shows a variance for a reduced rear yard building setback (25' minimum required; 15' proposed). City staff supports the variance due to the location of the existing house, which is more than 15' but less than 25' from the west lot line. Currently, the lot on which the house is located is considered an interior lot. The yard in question is considered a side yard with a 6' minimum required width. Once the lots are combined, the new lot will be a corner lot, and the yard will change to a rear yard with a 25' minimum required width per the Zoning Ordinance. Approval of the variance as part of the plat approval will allow the house to remain in compliance with the setbacks. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its December 10, 2014 regular meeting, recommended approval of the record plat with a vote of 9 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: L-1 Gardner Subdivision.doc E] Staff Review- Referral -Action ApplicationLl 7135586 - Gardner Subd Record Plat 11-26-14.pd C: esciriilydHoi d: Ga irdlyde Ir SUbd iivii;:lolyd e f="Ia� Ordinance Ga irdlyde Ir SUbd111F1isllolyd .. S aff IRIRA [:::olflfn Ga irdlyde Ir SUbd111F1isllolyd -IMIa 1p Ga irdlyde Ir SUbd111F1isllolyd - A rdlllcaHolyd Ga irdlyde Ir SUbd111F1isllolyd Record �"n Ilse BILL NO. 14-195 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF GARDNER SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Gardner Subdivision, being all of Lots 5 and 6 of Timber Creek, a subdivision on file in the land records of Cape Girardeau County in Plat Book 23 at Page 27, in the City and County of Cape Girardeau, Missouri, submitted by Robert E. Gardner and Jennifer A. Gardner, bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated November 25, 2014, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2014. = A MWIN I '41SIR tow, Ito] FILE: Gardner Subdivision ST FF RE VIEW & COMMENTS: A record plat has been submitted to combine two lots at the comer of Timber Creek Drive & Birchwood Court. SEE STAFF REPORT FOR MORE DETAILS. 2 City Plandef" V 4f City AA!Qgney #4 - Date Date Planning & Zoning Commission COMMENTS: Fav7 Oppose Abstain L3 D La" u L3 La / Ll Q Abstain Ordinance I" Reading - Ordinance 2nd & 3 d Reading: Favo Oppose Abstain Trae Bertrand Y Ll Lj Patrick Koetting Larry Dowdy 2. L] L] Scott McClanahan Jeff Glenn L3 u Doug Spooler Bill Hinckley Ll Ll Tom Welch Randy Kluge Ll Ll A, VOTE COUNT:6 Favor Oppose COMMENTS: Fav7 Oppose Abstain L3 D La" u L3 La / Ll Q Abstain Ordinance I" Reading - Ordinance 2nd & 3 d Reading: Gardner Subdivision Record Plat SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Gardner Subdivision Applicant Robert E. Gardner Type of Plat (Preliminary, Record, Boundary Adjustment) Record Plat Property Owner of Record (if other than Applicant) Robert E. Gardner and Jennifer A. Gardner Mailing Address City, State, ZipMailing Address City, State, Zip 1252 Timber Creek Drive Cape Girardeau, MO 63701 Telephone Email Telephone Email (573) 579-6241 robertegardner@gmail.com (Attach additional owners information if necessary) Professional Engineer/ Surveyor Developer Rodney Amos, PLS Robert and Jennifer Gardner ................................................. Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cap a Girardeau, MO 63701 1252 Timber Creek Drive Cape Girardeau, MO 63701 Telephone Email Telephone Email P p (573) 335-3026 ramos@koehlerengineering.com (573) 579-6241 robertegardner@gmail.com ADDITIONAL ITEMS �In addition to this application, the following items must be submitted: REQUIRED FV Review Fee (payable to City of Cape Girardeau) Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) �✓ Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) Four (4) full size copies of the plat (Record Plat only) One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement a cute prior to City Council's acceptance of the record plat. 0 /?,& &/ Applicant Signature Date OFFICE USE ONLY Date Received By Planning & Zoning Commission Recommendation Date City Council Final Action Date File Number Revised 6/18/2012 0 = rc oa a'o;`� �- (/I r, �_ S o0 O{MOM rc3 rc3 41 1 A ESo zcm _ of a W JN � - O U� N 0 _ - E •O1 Oai� LLJ o a n N U a E W ul 0 a a o LL5� y o U K o J p o wz�w 3$LL _ o nzo a c 0 pgN SPRIGG STREET =Is Op =UoS - oLLZLL 6 ¢ W i w O o ¢ a H F — - - m _ _ nroa.09 lano� aoonnH�ala I - a¢� asz w N MSI o a I s OI� 0 °Q — — — — .00.0z1 �,e►, ms � I g p A ;dE4 F1 w - - �� z �Ww�w� aQm-----� I a _ _ z I� r --01 Q - w I� d ow jI W-------- t o w v 8 Awa Im " I I o® I j x�w w q o �a I ro F O Owz aQ A K W "o - � to pd o\ i spa a/ o E4 C\ _Lu .ate V Mtl631 K r I I � 1NOai A'of m N e61" =Npz p" a an I I Um &� `� I �� l I I x z c ap,= _ An=a d s w J. o. C r��-_ _ Z N z ,00'091 3.9*MZDN ! } m - _o O~�LL 2��- Uz LL ¢y ¢U. oo ❑� wpm Z� woo z moo �O �UUz_F O zzz wW �LL�w°' DU wugn c) n- -0 z 2c, � v ''�ow� ��� w aw - oop =z� wap w w� 2 WxC w - moo¢ m LL¢mz w W❑ w w wZ � o � O Staff: Ryan Shrimplin, AICP - City Agenda: Planner 1/5/2015 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with Norwald, Inc. for the LaSalle Water Tank Proj ect. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute an agreement with Norwald, Inc. to secure fee simple interest, a temporary access easement, and a permanent access and utility easement for the LaSalle Water Tank Project. BACKGROUND/DISCUSSION The City's Water Master Plan recommends the creation of a new pressure zone (LaSalle Pressure Zone) that combines Cape Rock, West Cape Rock, Route W, Whispering Oaks, North County Park, and Twin Lakes Pressure Zones. In order to provide the proper pressures and water supply, a new storage tank is needed along LaSalle Avenue. Staff identified the optimal site on a property owned by Norwald, Inc., which has executed the attached agreement. Per the agreement, Norwald, Inc. is to convey fee simple interest in a 1.00 acre tract of land where the new storage tank will be located, a 30' temporary access easement, and a 24' permanent access and utility easement in exchange for the payments identified below. FINANCIAL IMPACT Per the agreement, the City will pay $150,000 for fee simple interest in the tract, plus $75,000 for the temporary access easement, plus $100,000 for the permanent access and utility easement. The total sum of the payments is $325,000. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Execution of the agreement is necessary in order to construct the water tank facility and related improvements, and to ensure a legal right of access to the facility once work is completed. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute an agreement with Norwald, Inc. for the LaSalle Water Tank Proj ect. ATTACHMENTS: BMW 0 Norwald-LaSalle Water Tank Project 2015.doc 0 Agreement with Norwald Inc for LaSalle Water Tank Proiect.pdf 0 LaSalle Water Tank.pdf De;,ciriiIrrboirn I - II...aSalllle Wateir TarnikIRe;,ollna 101rn Agireeirrneirnt with I Inc... IL..aSalllle Wateir Tank I aSalllle Wateir Tank Il...ocaborn IMalrro BILL NO. 15-03 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NORWALD, INC., FOR THE LASALLE WATER TANK PROJECT, 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 Norwald, Inc., for the LaSalle Water Tank Project, 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 , 2015. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk AGREEMENT FOR THE SALE OF REAL PROPERTY AND THE GRANTING OF EASEMENTS LaSalle Water Tank Project Cape Girardeau, Missouri The undersigned, NORWALD, INC., a Missouri Corporation, hereinafter referred to as the "Owner", in consideration of the mutual covenants and agreements herein set forth, agrees to grant and convey to the CITY OF CAPE GIl2ARDEAU, Missouri, hereinafter referred to as the "City", and the City agrees to accept, FEE SIMPLE INTEREST to the following described land, and all rights, hereditaments, easements and appurtenances thereunto belonging, located in the County of Cape Girardeau, State of Missouri, bounded and described as set forth in Exhibit A attached hereto and made a part hereof. The Owner further agrees to grant and convey to the City, and its assigns, a TEMPORARY ACCESS EASEMENT, in, upon, over and across certain tracts of land described by metes and bounds in Exhibit A, attached hereto and made a part hereof. The Owner further agrees to grant and convey to the City, and its assigns, a PERMANENT ACCESS AND UTILITY EASEMENT, in, upon, over and across certain tracts of land to be determined in the manner specified in the terms and conditions of this Agreement. The terms and conditions of this agreement are as follows: Within 30 days of the full execution of this Agreement, the City agrees to pay the suin of $150,000 to the Owner for the 1.00 acre of land to be deeded to the City for the LaSalle Water Tank Project, as described in Exhibit A, subject to the City's approval of the Owner's title. The Owner shall execute and deliver a good and sufficient deed conveying said land, with the hereditaments and appurtenances thereunto belonging, to the City, in fee simple, free and clear from all liens and encumbrances. 2. Within 30 days of the full execution of this Agreement, the City agrees to pay the sum of $75,000 to the Owner and the Owner agrees to grant a 30.00' wide Temporary Access Easement for 0.75 acres of land needed for access to this project, as described in Exhibit A. Within 30 days of the full execution of this Agreement, the City agrees to pay the sum of $100,000 to the Owner for a 24.00' wide Permanent Access and Utility easement needed for this project. The Owner agrees to grant said Permanent Access and Utility Easement and establish the location of the Permanent Access and Utility Easement within two (2) years of the full execution of this Agreement. Should the Owner fail to establish the location of the Permanent Access and Utility Easement within two years, the Iocation of the Temporary Construction Easement shall be deemed the location of the Permanent Access and Utility Easement. 4. The City shall install a ground storage water tank constructed of welded steel. The City agrees to consult the Owner on the paint color for the water tank with the final paint color established upon mutual agreement of the City and Owner. 5. The Owner shall be allowed to tap the water main going to the water tank for potable water purposes. b. The Owners represent that no elected City official or City employee shall be admitted to or share any part of this agreement, or to any benefits that may arise therefrom. 7. The terms and conditions aforesaid shall apply to and bind the heirs, executors, administrators, successors and assigns of the Owners. 8. All terms and conditions with respect to this agreement are expressly contained herein and the Owners agree that no representative or agent of the City has made any representation or promise with respect to this agreement not expressly contained within. IN WITNESS WHEREOF, the undersigned has executed this agreement this day of 2014. NORWALD, INC., a Missouri Corporation By:t Name:- % i, ,r e' LL,:5 5 z Its: STATE OF COUNTY OF,sP BE IT REMEMBERED, that on this day of .��- ; ��' , 2014, before me, the undersigned notary public, p sonally appeared /L_T known to me to be the of Norwald, Inc., who executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary"�'�xbltP` OY P(% CHRIS N. WEIS5 My Commission Expires: ' a' N4TARY �' : ' My Commission Expires * SEAL. 'afil August 27, 2017 Cape Girardeau County Cammiesion#13470441 CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) BE IT REMEMBERED, that on this day of '2014, before me, the undersigned notary public, personally appeared Scott A. Meyer, who, being by me duly sworn, did state that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation, and that the seal affixed to the within instrument the is the official seal of said City, and that the within instrument was executed on behalf of said City by authority of its City Council, and that said instrument was executed as the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Commission Expires: Legal Description Norwald, Inc. Fee Simple Interest THAT PART OF FRACTIONAL SECTION 3 AND THAT PART OF FRACTIONAL SECTION 10, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE AT A SQUARE CUT STONE WITH CROSS CUT MARK MARKING THE SOUTHWEST CORNER OF FRACTIONAL SECTION 3 AND THE NORTHWEST CORNER OF FRACTIONAL SECTION 10; THENCE SOUTH 04°58'46" WEST ALONG THE WEST LINE OF SAID FRACTIONAL SECTION 10, 69.78 FEET TO A FOUND 518" ROD; THENCE LEAVING SAID LINE AND ALONG THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN DEED BOOK 278 AT PAGE 10 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, SOUTH 88°28'34" EAST, 654.32 FEET TO THE POINT OF BEGINNING, THENCE NORTH 01°31'20" EAST, 208.71 FEET; THENCE SOUTH 88°28'41" EAST, 208.71 FEET; THENCE SOUTH 01'3 1'20" WEST, 208.71 FEET TO SAID SOUTH LINE; THENCE WITH SAID SOUTH LINE, NORTH 88°28'41" WEST, 208.71 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.0 ACRE, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS OF RECORD. Legal Description Norwald, Inc. Temporary Access Easement ALL THAT PART OF U.S.P.S 790 AND THAT PART OF FRACTIONAL SECTION 3, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPLE MERIDIAN, IN THE COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: COMMENCE AT A SQUARE CUT STONE WITH CROSS CUT MARK MARKING THE SOUTHWEST CORNER OF FRACTIONAL SECTION 3, THENCE N04058'46"E ALONG THE EAST LINE OF U.S.RS 790, 670.44' TO THE POINT OF BEGINNING; THENCE ALONG THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1565.00', A DISTANCE OF 6.73; THE CHORD ACROSS SAID ARC BEARS N87013'40"E, 6.73'; THENCE SO4°02'14"E, 413.22; THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 185.00', A DISTANCE OF 287.86',THE CHORD ACROSS SAID ARC BEARS S48°36'50"E, 259.69; THENCE N86°48'34"E, 364.84'; THENCE SO1°30'23"W, 30.10; THENCE S86°48'34"W, 362.37; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 215.00', A DISTANCE OF 334.54';THE CHORD ACROSS SAID ARC BEARS N48°36'50"W, 301.80'; THENCE N04°02'14"W, 413.65 TO A POINT ON THE SOUTH LINE OF LASALLE AVENUE; THENCE ALONG THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1565.00', A DISTANCE OF 23.28'; THE CHORD ACROSS SAID ARC BEARS N86°40'42"E, 23.28' TO THE POINT OF BEGINNING AND CONTAINING 0.75 ACRES, MORE OR LESS. City of Cape Girardeau LaSalle Water Tank Project Location ASy�Fy Legend Street Centerlines Parcel Lines Staff: Bruce W. Loy, Airport Manager Agenda: 1/5/2015 SUBJECT A five-year agricultural land lease agreement with Spring Hills Farms, LLC at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The Cape Girardeau Regional Airport's agricultural leases are written for a five-year term and are advertised publically near the end of each five year term. Recently, the City advertised publicly for bids and the high bidder was Spring Hills Farms, LLC, owned by Barry Evans and Ryan 011er, at a rate of $185.50 per acre, or $49,157.50 annually. The attached lease agreement starts January 1, 2015 and ends December 31, 2019, and is recommended for approval. BACKGROUND/DISCUS SION The City owns approximately 630 acres of land at the Cape Girardeau Regional Airport, of which approximately 265 acres, more or less, are available for land lease as agricultural property. Recently, the City advertised for public bids to anyone interested in farming the available airport property from 2015 to 2019. Bids were opened on December 9, 2014, for the approximate 265 acres of property and the bid tally sheet is attached. With four parties responding to the advertisement, the winning bid was provided by Spring Hills Farms at $185.50 per acre, or $49,157.50 per year, or $245,787.50 over the five-year lease period, which represents an approximate 24% increase over the previous five-year term bid. FINANCIAL IMPACT The attached five-year agricultural lease agreement provides revenues of $245,787.50 over the course of the five-year term of the agreement. Not only does this lease represent nearly $10,000 more in annual revenues than the previous five-year lease, the lease also alleviates the Airport from the expense of maintaining and mowing this acreage. STAFF RECOMMENDATION It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement with Spring Hills Farms for a five-year agricultural lease in the amount of $185.50 per acre, or $49,157.50 annually, in accordance with the attached lease, at the Cape Girardeau Regional Airport. ATTACHMENTS: Marne: Descril IpHioim ❑ Spring Hill Farms Airport Ag Lease 2014.doc Slpriinrg II-i'liillll f arrns 1lease IResollU iioin ❑ 2015-2019 Airport Ag Lease.doc 2015 2010 Aiirlpoift AgriiCUlldurall 1land 1lease 712015 Airport Ag Lease Exhibits A and B.pdf 2015 2019 Arg 1lease If.:::xlhiildiils A and IB ❑ December 9 2014 AIRPORT AG LEASE Bid Tabulation.xlsx 2015 2019 Aiirlpoift Arg 1lease If. ld Tald BILL NO. 15-04 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRICULTURAL LEASE AGREEMENT WITH SPRING HILL FARMS, LLC, 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 Agricultural Lease Agreement with Spring Hill Farms, LLC, for land at the Cape Girardeau Regional Airport. A copy of said Lease Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2015. AGRICULTURAL LEASE This Lease Agreement, made and entered into this day of , 20147 by and between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "Lessor", and Spring Hills Farms, LLC, hereinafter referred to as "Lessee". WITNESSETH: In consideration of the rent to be paid by Lessee to Lessor and in further consideration of the mutual promises and conditions herein contained, Lessor and Lessee do hereby make and enter into the following agreements: For period beginning January 1, 2015, and ending December 31, 2019, Lessor shall rent to Lessee all the land shown on Exhibit "A" which is approximately two hundred sixty-five (265) acres, more or less, except as provided in Paragraph 2. 2. Specifically excluded from the Lease is all land which is used for aeronautical and aeronautical -related purposes including but not limited to, Object Free Areas, all clear zones, instrument landing systems, roadways, runways, aprons, taxiways, parking lots, electrical substations, drainage ditches, sewage disposal facilities and building sites. Also, Lessor does make available to Lessee 10.98 acres of property labeled as "Pyro Area" at no cost to Lessee with the understanding that the crops may be destroyed through activities resulting from the annual air festival. This acreage amount is not included in the total acreage noted in Paragraph 1. Lessor does not represent to Lessee the exact acreage of land which is available for agricultural purposes, and Lessee agrees that he has made, and relied upon his own estimate to the tillable acreage. 3. Lessee may farm the real estate herein leased, and produce crops or agricultural products of any and all kind, with the exception of flooded rice crops, so long as the crops remain less than five (5) feet in height and the growing of the same does not interfere with the safe operation of any and all types of aviation conducted at the Regional Airport, and does not otherwise interfere with the aeronautical facilities for aviation purposes, including crops or field preparation that may be considered as a wildlife attractant. Lessee is required at all times to maintain constant communication via VHF radio with the Air Traffic Control Tower to ensure safe operation of movements for the farm operation with regard to aircraft movements. Lessee shall be responsible for obtaining a two-way VHF transceiver to facilitate this requirement. Any incident found in which the Lessee is not utilizing radio communication with the Control Tower shall be grounds for termination of this lease agreement. 4. It is understood and agreed by and between the parties hereto that no crops may be grown within the runway or taxiway safety areas, or obstacle free areas, nor in such a way as to restrict the line of sight between runways, or cause interference with navigational or visual approach aids, nor may crops be grown on land inside the ditches which are adjacent to the runways and taxiways, or nearer than ten (10) feet from any such ditch, runway, taxiway, road, building, fence or other nonagricultural facility. 5. Lessee agrees to pay to Lessor, during the term of this lease, rental payments in the amount of One Hundred and Eighty -Five Dollars and Fifty Cents ($185.50) per acre for each calendar year of this agreement for the real estate herein leased equaling a total of Forty-nine Thousand, One Hundred and Fifty -Severn Dollars and Fifty Cents ($49,157.50), annually, over the five year period. The annual rental payments will be payable on the fifth (5t") day of January immediately following the close of each crop year as follows: Crop Year Due Date for Rental Payment 2015 January 5, 2016 2016 January 5, 2017 2017 January 5, 2018 2018 January 5, 2019 2019 January 5, 2020 Lessor may reduce the area to be farmed as shown on Exhibit "A", if it is necessary to do so for the proper operation, marketing, and development of the airport. In the event of a reduction by Lessor of the area to be farmed by Lessee, the rent to be paid by Lessee to Lessor shall be reduced proportionately for the number of acres by which the area is reduced by Lessor. 6. Lessee shall keep and hold harmless Lessor, its employees, agents, servants and assigns from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee, by reason of death or injury to persons, or loss or damage to property, resulting from Lessee's operations hereunder, or as a result of anything claimed to be done or omitted to be done by Lessee, his agents or employees hereunder. Lessee shall procure and maintain in effect for the term of this lease agreement, liability insurance in an amount not less than $300,000.00 per person and $2,000,000.00 for any one accident involving injury, including death or property damage, to more than one person, plus any increases in those limits as set out in Sec. 537.610 RSMo. Lessee agrees that he will abide by all laws, provisions and requirements of Lessor, the State of Missouri, or the United States Government or any agency thereof, pertaining to the use and operation of said airport. In the event a dispute should arise between the parties hereto as to whether a particular crop or agricultural use made by Lessee is unsafe for aeronautical purposes, the rules and regulations of the Federal Aviation Administration shall be controlling in settling such dispute. Lessee agrees to lease the property subject to FAA regulations which are incorporated herein and made a part hereof. Lessee further agrees not to make any use of the premises which would be harmful to the fertility of the soil. Lessee further agrees not to construct any buildings or improvements upon the leased land. Lessee agrees that he will not maintain any nuisance or unsafe condition which would interfere with the aeronautical use of said premises, and that should any such nuisance or unsafe condition occur, that Lessor has the right to take immediate action without notice to abate the nuisance or unsafe condition. 7. In the event of a breach of any of the covenants or agreements of this Lease, the Lessee shall upon written notice of said breach, remedy the breach, and if said breach shall not be corrected within five (5) days, this Lease may be immediately terminated at the option of Lessor, and Lessor may require Lessee to immediately vacate and relinquish possession of said premises. It shall be sufficient to satisfy the written notice requirement, a. for Lessor to mail a copy of said Notice to Lessee at the following address: 431 Redbud Street Scott City, Missouri 63780, by ordinary mail, in which case the said Notice shall be deemed received by Lessee when deposited in the United States mail with postage pre -paid, or b. for Lessor to hand deliver a copy of said Notice to Lessee. 8. Any failure on the part of the Lessor to enforce any term of this lease shall not be construed as a waiver of any future breeches by the Lessee. 9. On the termination of this Lease, for any reason, Lessee shall immediately relinquish peaceable possession of said premises without notice from Lessor, and shall return said premises to Lessor in as good condition as when received. 10. Lessee further covenants and agrees: a. To use the premises for agricultural purposes only. b. To harvest and remove all crops in due season. c. Lessee shall be responsible for mowing and maintaining an area of 10' on all sides of existing drainage ditches, field edges, roads, buildings, fences, and/or other nonagricultural buildings to keep them cleared of weeds and debris, and to restore and maintain adequate field drainage. Lessee shall be responsible for new ditching as required to ensure proper field drainage. Lessee shall receive written authorization from Lessor prior to any new ditching of leased property. d. To destroy all noxious weeds and nuisances in compliance with Federal, State and Local law. e. To commit no waste or damage on said premises and to permit none to be done. f. To take soil samples to be tested by the County Extension Service each year to determine the amount of lime that needs to be applied by the tenant. Tenant agrees to comply with the recommendations of the County Extension Service based on those tests. Lessee shall apply lime and fertilizer in accordance with the recommendations of the County Extension Service tests. The Lessee will supply the Lessor with a copy of the County Extension Service Soil Testing Report, and all receipts of tonnage and form of payment on lime purchases. Such report and receipts shall be submitted to the airport manaaer's office not later than December 30 of each vear durina the duration nf this lease g. The Lessee will be responsible for property taxes assessed by the County on the leasehold interest value of the lease. h. Lessee further agrees that no burning of crop stubble will be conducted on the premises without prior written approval of the Lessor. Lessee will be responsible for spraying fence -rows at least annually, or at any other time when requested by the airport manager, to maintain said fence rows free from noxious weeds and brush. Lessee will provide the labor, chemicals and equipment necessary to spray the fence -rows. During planting and harvesting season, Lessee will be responsible for removing any equipment brought onto the leased property for agricultural use in a timely manner, not to exceed ten (10) days. Any and all equipment shall be removed from airport property at least three days prior to any airport event. When out of the planting & harvesting season, no agricultural equipment shall be stored on airport property. 11. Lessee takes possession of the leased premises and performs the services to be rendered as an independent contractor, subject to the usual hazards of operating a farm, and assumes all risks of injury or damage in pursuance of his farming the land herein leased. 12. Lessor covenants that the Lessee shall peaceably hold and enjoy said premises during said term without interruption by Lessor, or any person rightfully claiming under him, except as herein provided. 13. This lease shall not be assignable nor any part of the premises sublet by Lessee without the prior written consent of Lessor. Lessee, under the terms of this agreement, agrees to cooperate with Lessor in making available to Lessor and future Lessees during the fall of the last year of this lease, those portions of the leased premises where crops have been harvested so that future Lessees can prepare for planting that land not used by this Lessee for crops. 14. The Lessor may also negotiate with the Lessee for any special services, such as land preparation for special events, not otherwise covered by other terms of this Lease. 15. Lessor shall have the landlord's lien provided by law as security for the rental herein specified, and if the Lessee shall fail to cultivate said premises as herein agreed, or shall fail, in the sole determination of Lessor, to keep any of the other covenants in this Lease contained, Lessor, at the Lessor's election, may terminate this lease. This lien shall cover crops on the land herein leased being located in Section 34, 35, 36 Township 30 North, Range 13 East, Fifth Principal Meridian in Scott County, Missouri. In the event of a bankruptcy filing for or against Lessee, Lessee shall consider this lien a priority claim. This Lease shall be binding upon the parties hereto, their executors, administrators, heirs, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed on the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Gayle L. Conrad, City Clerk Spring Hills Farms Barry Evans Spring Hills Farms Ryan 011er ATTEST: TRACT# AREA CALCULATION 1 9.51 Acres 2 60.76 Acres 3 55.08 Acres 4 7.33 Acres 5 0.00 Acres 6 6.37 Acres 7 64.90 Acres 8 15.65 Acres 9 6.09 Acres 10 5.65 Acres 11 10.26 Acres Pyro 0.00 Acres 12 11.05 Acres 13 12.82 Acres TOTAL 265.47 Acres OO O O O J O O O O O O O O O O F- H F - U) U) O U O O O O O J O O O O O O O O O O 01 F- U) U) O U O O O 00 J O O O O O 01 1 F- U) U) O U O O O 00 O J a w w w 00 00 # 00 L N O = O M M M M M m L0 8 UJ U)0 N� U (n 0 (O c (O c (O c (O c (O c U L N O U U 4 M U W' fn W d) fn O O O O O O O J O O O O O N 1- a H O O N O N O N O N O N ik # (O t V V V V N N OO O O O ro ro ro ro c0 U L U U U) O O o 0 0 J N N N N N w N U O O O O O N N N N N N W N w fn Un o0 Un 00 Un 00 Un 00 Un 00 � a O m°r°U J 01 O) O) O) O o0 H N N N N N c0 N w w w w O N V � M M M M V d) M N o O Cl) N Cl) N M N M N O O +- x W m 0 U) 01 V V V V N p �aY z U U U U U W U) WUn Un Un Un O N N N N N W W' F- < a U W 0 z o 0 0 0 < N a O O ~ H W N W N W N W N W O 0 O1 0 0~ a U U U U U LU U o a a a a a a a z LU LL MLU a o m m m m LU O a a 0 a a a a a �Oz�� Ummmoio a a a a a 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 LO O LO O LO O LO O LO ,qt M M N N 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 LO O LO O LO O LO O LO ,qt M M N N Staff: Casey Brunke P.E., City Engineer Agenda: 1/5/2015 SUBJECT BILL NO. 15-07, a Resolution authorizing the City Manager to execute an agreement with SAK Construction, LLC, for Sanitary Sewer System Rehabilitation Project 2014, by the CIPP method, in the City of Cape Girardeau, Missouri. Reading Passage. EXECUTIVE SUMMARY The project calls for the contractor to furnish and install cured in place pipe (CIDP) lining for approximately 100 sanitary sewer line segments and 3 storm pipe segments. The work includes reinstatement of service laterals on the sanitary sewer lines, along with some repairs by excavation method. Approximately 25,000 linear feet of eight (8) inch to twenty-four (24) inch pipe will be rehabilitated. The affected segments are in various locations within the City. BACKGROUND/DISCUS SION The City is concerned with eliminating groundwater and storm water from entering the wastewater collection and treatment system which, in the past, had caused bypassing of both along with sewerage into the Mississippi River. Federal and State governments mandated this pollution be stopped and are participating in the cost through State Revolving Loans. The City recently put a new wastewater treatment facility on line and is addressing the sanitary sewer collection system by rehabilitating older collection system piping. Three sections of storm piping under the floodwall where found to have bad joints and the City decided to use this contract to get a decent liner price; these storm pipes repairs were bid as Alternate Bid A. Jacobs Engineering Group, Inc. was hired to assess and identify inflow/infiltration sources and pipe line defects and prepare detailed bid documents for competitive bidding. The Notice to Bid was publicly advertised and bids taken on November 20, 2014. Three (3) contractors responded; one of them was unresponsive. The low bid was submitted by SAK Construction LLC in the amount of $ 1,065,111.50 which is under the Engineer's Estimate of $ 1,316,316.00. FINANCIAL IMPACT Funding for the sanitary sewer system portion is being provided by State Revolving Loans and are to be repaid by the City's Sewer Fund. The alternate bid for the storm sewer portion is being funded by the Parks and Storm Water Sales Tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Sanitary sewer collection system upgrades will reduce the inflow and infiltration of groundwater and storm water from entering the sanitary sewer system including into the wastewater treatment plant. Less volume into the plant reduces the treatment cost. This upgrade allows the City to comply with the Missouri Department of Natural Resources mandate to cease bypassing and polluting Missouri streams and eliminates the possible assessment of heavy daily fines for failure to do so. STAFF RECOMMENDATION Staff recommends that the City Council, by motion, pass and approve the attached Resolution authorizing the City Manager to enter into a contract with SAK Construction LLC for the sanitary sewer system rehabilitation project 2014. PUBLIC OUTREACH Presentations were made to the public through addresses to various service clubs, agencies, and Council meetings. In addition, articles and interviews were printed in the local newspaper concerning the need to upgrade the entire sanitary sewer collection and treatment system and before elections to approve the issuance of wastewater sewer bonds. ATTACHMENTS: IN a rn•n e: El Sanitary Sewer ReA. EI.Scan Agirmt with SAK Const unsigned.iod SAIS CoinstirUd!oi n Sai niidairy Sewer I IFia;S011L&of n Agireeirn•nei nd Widln SAIS Coi nsitirUdof n I Talo BILL NO. 15-07 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAK CONSTRUCTION, LLC, FOR THE SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014, BY THE CIPP METHOD, 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 SAK Construction, LLC, for the Sanitary Sewer System Rehabilitation Project 2014, by the CIPP Method, 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 , 2015. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GIRARDEAU, MISSOURI 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 2015 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and SAK Construction, LLC (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. Contractor to furnish and install cured in place pipe lining for approximately 100 sanitary sewer line segments and 3 storm pipe segments. The work includes reinstatement of service laterals on the sanitary sewer lines, along with some repairs by excavation method. Most of the work is on 8 inch diameter,pipe. Article 2. ENGINEER. The City Engineer or his or her designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within 210 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 240 calendar days after the date when the Contract Times commence to run. 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 $950.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially A-1 complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $950.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: 4.1 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. One Million Sixty-five Thousand One Hundred Eleven Dollars and Fifty Cents ($ 1,065,111.50) TOTAL OF ALL UNIT PRICES BASE BID 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. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Retainage may be initiated during contract performance in accordance with Sed. 109.9 of the Missouri Standard Specifications for Highway Construction, 2011 Edition. 5.2 Fina! Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. 'IA Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. A-3 i 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 b ENGINEER is acceptable to CONTRACTOR and the Contract Y p Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages 1 to 6 inclusive). 8.2 Exhibits to this Agreement (Exhibit "A" Bid Form with Required Attachments). 8.3 Performance, Payment, and other Bonds. 8.4 Notice to Proceed. 8.5 General Conditions (EJCDC No. 1910-8 1990 Edition)(pages 1 to 47 inclusive). 8.6 Supplementary Conditions (SECTION 007300). 8..6A Additional Supplemental Conditions 8.7 Specifications bearing the title Sanitary Sewer System Rehabilitation Project 2014 City Of Cape Girardeau, Missouri 8.8 drawings bearing the title Sanitary Sewer System Rehabilitation Project 2014 City Of Cape Girardeau, Missouri 8.9 Addenda numbers 1 to 1 , inclusive. 8.10 CONTRACTOR'S Bid 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 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 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. A-5 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. IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on Effective Date of the Agreement). OWNER City of Cape Girardeau Scott Meyer, Cit Mana er Bv: [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. , 2015_ (which is the CONTRACTOR SAK Construction LLC [CORPORATE SEAL] Attest Corporate Secretary Address for giving notices 864 Hoff Road O'Fallon, Missouri 63366 License No. WE Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) EXHIBIT "A" SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014. CITY OF CAPE GIRARDEAU, MISSOURI SECTION 004100 - BID FORM Project Identification: SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GIRARDEAU, MISSOURI Contract Identification and Number: Not Applicable This Bid is Submitted to: CITY OF CAPE GIRARDEAU OF CAPE GIRARDEAU COUNTY, MISSOURI PUBLIC WORKS DEPT. 2007 SOUTHERN EXPRESSWAY CAPE GIR-ARDEAU, MO 63755 1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents, 2.01 Bidder accepts all of the terms and conditions of the Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. The Bid will remain subject to acceptance for 60 days after the Bid opening, or for such Longer period of time- that Bidder may agree to in writing upon request of OWNER. 3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that: A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum Number Addendum Date 1 1116114 .t B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local i and Site conditions that may affect cost, progress, and performance 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, and performance 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, if any, 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 in the Supplementary Conditions as provided in E-� paragraph 4.2 of the General Conditions. F WOA01601 08/25/2014 004100-1 1-.3i 7�s)7i►T i SANITARY SEWER SYSTEM REHABILITATION PROTECT 2014 j CITY OF CAPE GII2ARDEAU, MISSOURI E. Bidder has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or . contiguous to the Site which ,may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by Bidder, and safety precautions and programs incident thereto. F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents, G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to Work as indicated in the Bidding Documents. H, Bidder has correlated the information known to Bidder, information and observations obtained from visits to the site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents. 1. Bidder has .given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written .I resolution thereof by ENGINEER is acceptable to Bidder. J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. 4,01 Bidder further represents that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any individual or entity to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. 5.01.1 Bidder will complete the Work in accordance with the Contract Documents for the following prices: -1 WOA01601 004100-2 BID FORM -1 08/25/201.4 SANI'T'ARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GIRARI)EAU, MISSOURI BASE BED Sanitary Sewers (tem NO. Description Estimated Quantity Unit Item Unit Price Total Estimated Price 1 Rehabilitation by Cured -in -Place Lining 8 -inch 21,394 LF 2 Rehabilitation by Cured -in -Place Lining 10 -inch 712 LF ¢' a `], 7S fr %q� %S� 0() 3 Rehabilitation by Cured -in -Place Lining 12 -inch 2,671 LF A 33, 00 4 Rehabilitation by Cured-in-Pfaca Lining 15 -inch 260 LF L13, 7S ��f 37T ©0 5 Rehabilitation by Cured -In -Place 24 -inch 246 LFa d� p/V, 5"0Lining 6 Out Tap Flush 21 EA a -5J 7 ��, 00 7 Lateral Rehabilitation by CIPP Method 77 EA li d� . �D ��� yoo, 06 8 Service Renewal by Excavation 28 EA S a 9 0, bo 51/0, 0 0 9 8 inch Pipe Replacement. 110 LF go. CV � 9004 00 10 Rehabilitation by Point Repair by Excavation at DropManhole 2 EA 3 7� 00 Q 7-5L 00 11 Rehabilitation by Point Repair by Excavation in Main Line 1 EA Si i `�� 5 /CV, 00 12 New Manhole 4 EA R p 60� �p 13 Restoration of Surfaces 1 LS G /0, oo 14 Mobilization 1 LS 3� �C�, d D 3 B Q, p� 15 Heavy Cleaning 3,800 LF �Q % �� t CX -2 16 Testing of CIPP (Cash Allowance) 1 LS 15,000 15,000 Total of.Unit Price Items: Ij d Sd dder acknowledges that the quantities are not guaranteed and final payment will be based on actual Fuqantitiess determined as provided in the Contract Documents. TOTAL PRICE BASE BID Use Figures $ lJ t Use words $ /j%iiiG �wndr�ui Fri mer, 7�Jv�s+G+7 �j' rod Fife WOA01601 08/25/2014 004100-3 BID FORM SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GIRARDEAU, MISSOURI Alternate Bid A - Storm Sewers to Item Description Estimated Quantity Unit Item Unit Price Total Estimated Price 17 Storm Sewer Rehabilitation by Cured -in -Place Lining 24 -inch 112 LF j q� 7 5 / $ A) 3 18 . Storm Sewer Rehabilitation by Cured -in -Place lining 30 -inch 175 LF �h G�(),v[/ o� �� Ste, 00 79 Storm Sewer Rehabilitation by Cured -in -Place Lining 42 -inch 553 LF rt ��, f f 071 j 34, 00 20 Testing of CIDP (Cash Allowance) 1 L5 1500 1500 Total of Unit Price Items; $ 0 , 04 Bidder acknowledges that the quantities are not guaranteed and final payment will be based on actual quantities determined as in the Documents. provided -Contract TOTAL PRICE ALTERNATE NO, 1 Use Figures $ y 9 y6o. oo Use Words $ Oil,, himAhcCA For F0,41 6,41-4 Sid 1.111e."3 WOA01601 004100-4 BID FORM 08/25/2014 SANITARY SEWER SYSTEM REHABILITATION PROTECT 2014 CITY OF CAPE GHURDEAU, MO Bid Award - Bidder is advised that award of the bid will be based on the Base Bid amount. Bidder shall marls if Bidder is a MBE / WBE or non- MBE I WBE entitiy. Bidder is a MBE /WEE x Bidder is a non MBE / WBE i'. 04100-4A W SANITARY SEWER SYSTEM REHABILITATION PROTECT 2014 CITY OF CAPE GnURDEAU, MISSOURI Unit Price Schedule Definitions Items 1, 2, 3, 4 and 5. Rehabilitation by Cured -in -Place Lining: Payment will be based on lineal feet of liner installed from manhole centerline to manhole centerline. Work activities shall include, but are not limited to, all duties involving cleaning and prelining television inspection, sewer flow control (as required), liner materials and installation, bypass sewage pumping, reinstatement of existing laterals, termination and sealing at manholes, post television inspection, testing, and cleanup complete -in-place and ready to use all as defined in the Specifications or Contract Drawings. Item 6. Cut Tap Flush: Payment will be based on the number of laterals ground down to flush with the mainline completed and accepted by the Engineer. Cutting the tap flush is essential when a Iateral extends;into the m*n ine hampering the installation of CIDP. Work activities shall include, but are not limited to, all duties involving pregriz�ding television inspection, grinding of the tap, sewer flow control (as required), post grinding television inspection., cleanup. Item 7. Lateral Rehabilitation by CIPP Method: Payment will be based on the number of cured -in-place internal lateral seals installed. Work activities shall include, but are not limited to, all duties involving cleaning and preinstallation television inspection, sewer flow control (as required), lateral seal materials and installation, reinstatement of existing laterals, post installation television inspection, cleanup complete -in-place and ready to use. Item 8. Service Renewal by Excavation: Payment on the number of service renewal by excavations completed and accepted by the Engineer. Work activities include, but are not limited to removal of trees and other vegetation, topsoil stripping and stockpiling, removal of stumps, roots and other debris, disposal of removed material, protection of existing trees to remain; pavement stripping and stockpiling; excavation; hauling off and disposal of excess excavated materials; removing and replacing fence (as required), sheeting and shoring (as required), forming (as required); dewatering (as required); procuring, hauling, placing and compacting bedding materials; concrete encasement; procuring and installing sewer pipe, and all fittings and appurtenances; connecting to existing sewers; bypass pumping and sewer flow control (as required); placing and compacting backfill; respreading topsoil (when required); aggregate surface course restoration (as required); testing; site restoration, all as defined in the Specifications or Contract Drawings. Item 9. 8 inch Pipe Replacement: Payment will be based on the linear feet of pipe that is E installed to replace sections of pipe measured along the pipe centerline from connection point of ` the existing sewer system to connection point of the existing sewer system. Work activities include, but are not limited to removal of trees and other vegetation; topsoil stripping and stockpiling; removal of stumps, roots and other debris; disposal of removed material; protection of existing trees to remain; removal of sewer pipe designated to be replaced; excavation.; hauling off and disposal of excess excavated materials; removing and replacing fence (as required), .� sheeting and shoring (as required), forming (as required); dewatering (as required); procuring, WOA01601 004100-5 08125/2014 rd �f i 1 SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAFE GMARDEAU, MISSOURI placing and compacting bedding materials; concrete encasement or saddles (as required); procuring and installing sewer pipe, and all fittings and appurtenances; connections to existing sewer system; bypass pumping and sewer flow control (as required); placing and compacting backfill (including granular backfill); respreading topsoil (when required); aggregate surface course (as required); testing; site restoration, all as defined in the Specifications or Contract Drawings. Items 10 & 11. Point Repair by Excavation: Payment on the number of point repairs completed and accepted by the Engineer. Work activities include, but are not limited to removal of trees and other vegetation, topsoil stripping and stockpiling, removal of stumps, roots and other debris, disposal of removed material, protection of existing trees to remain; pavement stripping and stockpiling; excavation; hauling off and disposal of excess excavated materials; removing and replacing fence (as required), sheeting and shoring (as required), forming (as required); dewatering (as required); procuring, hauling, placing and compacting bedding materials; concrete encasement; procuring and installing sewer pipe, and all fittings and appurtenances; connecting to existing sewers; bypass pumping and sewer flow control (as required); placing and compacting backfill; respreading topsoil (when required); aggregate surface course restoration (as required); testing; site restoration, all as defined in the Specifications or Contract Drawings. Item 12. New manholes: Payment on the number of completed, precast or cast -in-place concrete manhole construction. Work activities include, but are not limited to removal of trees and other vegetation, topsoil strippiug and stockpiling, removal of stumps, roots and other debris, disposal of removed material, protection of existing trees to remain; pavement stripping and stockpiling; excavation; hauling off and disposal of excess excavated materials; removing and replacing fence (as required), sheeting and shoring (as required), forming (as required); dewatering (as required); procuring, hauling, placing and compacting bedding materials; procuring and installing manhole base, walls, cones, grout, joint seals, steps, frannes, covers, and all fittings and appurtenances and replacement of existing sewer and connections to existing sewers; bypass pumping and sewer flow control (as required); placing and compacting backfill; respreading topsoil (when required); aggregate surface course restoration (as required); testing; site restoration all as defined in the Specifications or Contract Drawings. Item 13. Restoration of surfaces: Payment will be based on a lump sum basis. All materials and labor involving asphalt restoration, concrete pavement restoration, grass and existing improvements restoration shall be included in this unit cost. All site grading and other work necessary to restore the work site to its original condition shall be included in this pay item. Any inspection and testing of the completed work shall be included in this unit price. Item 14. Mobilization: Payment will be a lump sum payment not to exceed three (3) percent. of the total bid amount that will be made to the Contractor with the first monthly progress payment as a reasonable amount to start project. Item 15, Heavy Cleaning: The Contractor shall be paid for heavy cleaning on the basis of the lineal feet which loosened debris is moved to the nearest point of extrication from the sewer. WDA01601 004100-6 08125/2014 C- ff • : 5I .j SANITARY SEWER SYSTEM REHAJ31LITATION PROJECT 2014 CITY OF CAPE GMARDEAU, MISSOURI Heavy Cleaning shall be defined as the pipe being more than 25% full of debris or requiring the use of apparatus other than normal high-pressure jetting equipment. If in the judgment of the Engineer, the pipe is more than 25% full of debris, the pipe shall be cleaned to the satisfaction of the Engineer. Any heavy cleaning shall be supported by visual evidence in the form of a video or digital image and must have pre -approval from the Engineer. Items 16 and 20. Testing of CIPP (Cash Allowance): The Contractor shall prepare and submit to the Engineer samples for CIPP Acceptance Tests for each CIPP line segment during the duration of this Contract- Testing of individual samples per the 330130 specification will be, at the discretion of the Engineer. The cost for testing will be paid for by the Contractor from the funds delegated for cash allowance. Items 17, 18 and 19, Storm Sewer Rehabilitation by Cured -in -Place; Lining: Payment will be based on lineal feet of liner installed from manhole centerline to outfall- Work.activities shall include, but are not limited to, all duties involving cleaning and prelining television inspection, flow control (as required), liner materials and installation, bypass pumping, termination and sealing at manholes, post television inspection, testing, and cleanup complete -in-place and ready to use all as defined in the Specifications or Contract Drawings - 6.01 The above unit prices shall include all labor, equipment, materials and supplies, shoring, removal of waste, overhead, profit, insurance, etc_, to provide a complete system within the intent of the Contract Documents. 6.02 The Notice to Proceed shall be issued within 45 calendar days after the Notice of Award pending completion of easement acquisition. Issuance of Notice to Proceed shall also be contingent on CONTRACTOR providing required documents, subject to approval by OWNER, including proper certification of insurance. The Work is to be (a) Substantially Completed. within 210 calendar days after the date when Notice to Proceed is issued and (b) Ready for anal payment within 240 calendar days after the date when Notice to Proceed is issued. 6.03 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified above, which shall be stated in the Agreement. 7.01 The following documents are attached to and made a condition of this Bid: A. Required Bid Security in the form of certified check or Bid Bond, B. A tabulation of Subcontractors, Suppliers and other individuals and entities required to be identified in this Bid. C. Required bidder qualification statement, with supporting data, as indicated at the end of this section. D. Required affidavit of work authorization stating bidder's compliance with Missouri f-� Immigration Law. WOAOJ601 004100-7 BID FORM 08/25/2014 SANITARY SEWER SYSTEM REHABILITATION PROTECT 2014 CITY OF CAPE GIRARDEAU, MISSOURI 8.01 Communication concerning this Bid shall be addressed to. - Name Stanley Polivick, P.E. Title Traffic Operations Engineer Organization Cijy of Ca e Girardeau MO Address 2007 Southern Expressway Telephone 573-339-6760 Fax 573-339-6363 9.01 - The terms used in this Bid with initial capital letters have the meanings indicated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. WOA01601 004100-8 BID FORM 08/25/2014 IJ .blame otbidder: SAK Construction, LLC Person's Name(*) Job -Related Tide Responsibilities Tim Bussen Project Manager see attached resume Dan Swidrak Project Manager see attached resume Jeff Hirtz Superintendent see attached resume Eason Laney Superintendent see attached resume Identify the person who will perform the role of Project Superintendent on the Project. WOA01601 08/2512014 004100-9 SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GRZARDEAU, MISSOURI MAJOR SUBCONTRACTOR SCHEDULE Name of Bidder: SAK Construction, LLC Category Name of Subcontractor Address L,7 P����,y 11003 4 C(,rV I NN& 06-yr". ,Mo 6 q)l NOTE.- Write in one name only for each category. ff no major subcontractors will be used, so state above. WOA01601 004100-10 BED FORM 08/25/2014 SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GIRARDEAU, MISSOURI STATEMENT OF BIDDERS QUALIFICATIONS Each Bidder for the Work included in the Contract Documents shall submit with their Bid the data requested in the following schedule of information. Both partners in a joint venture are required to submit a separate Statement of Bidders Qualifications. This data must be included in and made a part of each Bid and be contained in the sealed envelope. Failure to comply with this instruction may be regarded as justification for rejecting the Bidder's proposal. (1) NAME OF BIDDER: SAK Construction, LLC (2) BUSINESS ADDRESS: 864 Hoff Road O'Fallon, MO 63366 (3) WHEN ORGANIZED: 1127106 (4) WHERE INCORPORATED: Missouri (5) IF NOT INCORPORATED, STATE TYPE OF BUSINESS AND PROVIDE YOUR FEDERAL TAX IDENTIFICATION NUMBER: (6) Number of years engaged in contracting business under present firm name. 8 (7) If you have done business under a different name, please give name and location: (8) Percent (%) of work typically done by own staff: 90% Q i}� Percent (%} of total contract value to be performed on this project: So l0 (9) Have you ever failed to complete any work awarded to your Company? If so, where and why? No (10) Have you ever defaulted on a Contract? No (12)Attach a list of all Projects currently in progress. Include detailed description and contract value. See attached current projects list (13) Name of proposed Project Manager and attach a list of relatedprojects for which he/she had direct responsibility. Tim Bussen/Dan Swidrak WOA01601 08125/2014 004100-11 i -�--�=-.�_:__._--.... -... �-r-.-:::.ra:c,_—.--.>-•--.,,...: ,�-.-... _..:.. ,-_-.--�_ �--...._.�"'_,�_-`--ter -�.. _. SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GHtARDEAU, MISSOURI * (Attach additional sheets as necessary) (14) Provide a list of a minimum of three (3) similar contracts completed within the last five (5) years of equal or greater capacity and value, including description and value of each (*): ProjectName: See attached completedprojects list Project Location: Owner: Contact Information: Project Description (including length, diameter, cost, etc.) Project Name: Project Location: Owner. Contact Information: Project Description (including length, diameter, cost, etc.) Project Name: Project Location: Owner: Contact Information: Project Description (including length, diameter, cost, etc.) ProjectName: Project Location: Owner: Contact Information: Project Description (including length, diameter, cost, etc.) WOA01601 08/25/2014 004100-12 BID FORM f SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GIRARDEAU, MISSOURI * (Attach additional sheets as necessary) If Bidder is: An Individual Name (typed or printed): NIA By (SEAL) (Individual's signature) Doing business as Business address: Phone No.: FAX No.: A Partnership Partnership Name: NIA (SEAL) By: (Signature of general partner -- attach evidence of authority to sign) Name (typed or printed): Business address: Phone No.: FAX No-: A Corporation Corporation Name: SAK Constructio LL State of Incorporation: Missouri Type (General Businessro ssion ce, ted Liability): Limited Liability By (S nature - attach evi cc of authority to sign) Name (typed or printed): Boyd Hirtz Title: Vice President AT Attest Steve Stulce, Secretary (Signature of Corporate Secretary) Business address. 864 Hoff Road O'Fallon MO 63366 - Phone No.: 1636 3_85-1000 FAX No.: -(636) 385-1100 Date of Qualification to do business is 1/27106 WOA01601 004100-13 BID FORM 08/25/2014 i SANITARY SEWER SYSTEM REHABILITATION PROJECT 2014 CITY OF CAPE GIRARDEAU, MISSOURI A Joint Venture Joint Venturer Name: NLA _ (SEAL) By: (Signature of joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Business Address: Phone No.: FAX No.: Joint Venturer Name_ (SEAL) By: (Signature of joint venture partner-- attach evidence of authority to sign) Name (typed or printed): Title: Business Address: Phone No.: FAX No.: Telephone and FAX Number, and Address for receipt of official communications (Each joint venturer .must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above). SUBMITTED on November 19 , 2014 WOA01601 004100-14 BID FORM 08125/2014 BUSINESS ENTITY CERTIFICATION, ENROLLMENT DOCUMENTATION, AND AFFIDAVIT OF WORK AUTHORIZATION BUSINESS ENTITY CERTIFICATION: The M`ergN&''i�r r must certify their current business status by completing either Bog A or Bog B or Bog C on this Exhibit. BOX A: To be completed by a non -business entity as defined below. SOX B: To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at http:Hwww.dhs.gov/xprevprot/programs/gc 1185221678150.shtm. BOX C: To be completed by a business entity who has already submitted documentation with a notarized date on or after September 1, 2009, to a Missouri state agency including Division of Purchasing and Materials Management. Business entity, as defined in section. 285.525, RSMo pertaining to section 285.530, RSMo is any person or group of persons performing or engaging in any activity, enterprise, profession., or occupation for gain, benefit, advantage, or livdffiood. The term "business entity" shall include but not be limited to self-employed individuals; partnerships, corporations, contractors, and subcontractors. The term "business entity" shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term "business entity' shall not include a self employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. Note: Regarding governmental entities, business entity includes Missouri schools, Missouri universities (other than stated in Box C), out of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities. BON A — CURRENTLY NOT A BUSINESS ENTITY Not applicable I cer*.that (Company/Individual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMo pertaining to section 285.530, RSMo as stated above, because: (check the applicable business status that applies below) ❑ I am a self-employed individual with no employees-, OR ❑ The company that I represent utilizes the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. I certify that I am not an alien unlawfully present in the United States and if (Company/lndividual Name) is awarded a contract for the services q r� oma. z� 5 requested herein under 64 and if the business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo then, prior to the performance of any services as a business entity, (Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide thePURR AMR ` 6"' „d with all documentation required in Box B of this exhibit. Authorized Representative's Name Authorized. Representative's Signature (Please Print) Company Name (if applicable) Date BOX B - ENTITY STATUS CURREI\'T BUSINESS I certify that SAK Construction, LLC (Business Entity Name) MEETS the definition of a business entity as defined in section 285.5253 RSMo pertaining to secti ' 285.530. An 'e Hirtz Authorized Business Entity Authorized mess tity Representative's Name Representative's Signature (Please Print) SAK Construction, LLC Business Entity Name ahirtz@sakcon.com E -Mail Address November 19, 2014 Date As a business entity, the bidder/contractor must perform/provide the following. The bidder/contractor should check each to verify completion/submission: M Enroll and participate in the E -Verify federal work authorization program (Website: http://www.dhs.ggv/xpreyprot/urog-a—ms/gc 1185221678150.shtm. Phone: 888-464-4218; Email: e-verifkQdhs.agov) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND ® Provide documentation affirming said company's/individual's cn Rment and participation in the E -Verify federal work authorization program. Documentation shall include a page from the E - Verify Memorandum of Understanding (MOU) listing the bidder's/contractor's name and the MOU signature page completed and signed, at minimum,, by the bidder/contractor and the Department of Homeland Security - Verification Division. If the signature page of the MOU lists the bidder's/contractor's name and company ID, then no additional pages of.the MOU must be submitted.; AND ® Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this Exhibit. AFFIDAVIT OF WORKAUFHORMATION: The bidder/contractor who meets the section 285.525, RSMo definition of a business entity must complete and return the following Affidavit of Work Authorization. Comes now Angie Hirtz (Name of Business Entity Authorized Representative) as _Human Resources Manager (Position/'T'itle) first being duly sworn on my oath, affirm SAK Construction, LLC (Business Entity Name) is enrolled and will continue to participate in the E -Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. Z also affirm that SAK Construction, LLC (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided to the contract(s) for the duration of the contract(s), if awarded. In ffirmadon thereof, the facts stated above are true and correct (The undersigned understands that f is statements rna a 'n this' a subject to the penalties provided under section 575.040, RS`Mo.) / A"A Angie Hirtz Xuthor4 Representative' egnaVc Printed Name Human Resources Manager November 19, 2014 _ Title Date ahirtz@sakcon.com E -Mail Address Subscribed and sworn to before me this 19th of November, 2014 T am PAY) (MONIki YEAR commissioned as a notary public within the County of St. Charles State of Missouri and my commission expires on July 10 2016 OF STATE {DATE 1 November 19, 2014 Signature of Notary Date ANDREA CARLSTROM Notary Public Notary Seal STATE OF MISSOURI Commission for St. Charles County My Commission Expires ,duly 10, 2016 Commission #12335546 z.� i fi -BOX C — AFFIDAVIT ON TILE - CURRENT BUSLN , SS ENTITY STATUS Not Applicable I certify that (Business Entity Name) MEETS the definition of a business entity as defined in section 285525, RSMo pertaining to section 285530, RSMo and have enrolled and currently participates in the E --Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri. We have previously provided documentation to a Missouri state agency or public university that affirms enrollment and participation in the E -Verify federal work authorization program_ The documentation that was previously provided 'included the following. ✓ A page from the E -Verify Memorandum of Understanding (MOU) listing the bidder's/contractor's name and the MOU signature page completed and signed,, by the bidder/contractor and the Department of Homeland Security —Verification Division_ ✓ A completed, notarized Affidavit of Work Authorization signed and dated on or after September 1, 2009. Authorized Business Entity Authorized Business Entity Representative's Name Representative's Signature (Please Print) E -Verify MOU Company ID E -Mail Address Number Business Entity Name Date Missouri State Agency or Public University* Name Date of Submission Bid/Contract Number * Public University includes the following &ve schools: (If known) ➢ Harris-Stavve State University - St Louis ➢ Missouri Southern State University - Joplin. ➢ Missouri Western State University - St. Joseph ➢ Northwest Missouri State University — Maryvdle ➢ Southeast Missouri State University - Cape Girardeau ➢ Division of Purchasing & Materials Management F-NTzBIT AFFIDAVIT OF OSHA. TRAINING COMES NOW (Name) Boyd Hirtz • as (office Hein Vice President of (Company Name/Contractor) SAK Construction LLC and first being duly sworn, on r: my oath,:affirm in connection with the contracted services related to ._Sanitary Sewer System Rehabilitation Protect 2014 (Project Name) for the duration of the contract, as follows: r 1. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the ? i Project The construction safety program shall include a course in construction safety and health 4 that is approved by OSHA or a similar 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 requited by Section 292.675, RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. 4. Contractor shall require all of its Subcontractors to comply with the reg=' 'recuts of Section 292.675, RSMo. 5. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall forfeit to City as a penalty two thousand five 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 theteof, such on-site employee is employed without the construction safety training required in Section 242.675, RSMo. 6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition of the penalties described therein shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 7. Contractor acknowledges that in the event that the Missouri Department of Labor and Industrial. Relations bias deternined that a violation of Section 292.675, RSMo., has occurred and that a penalty shall be assessed, the City shall. withhold and retain all suras and amounts due and owing when making payments to Contractor under this Contract FURTHER AFFFANT SAITH NOT. IN AFFIRMATION THEREOF, the facts stated above ate true and correct (the undersigned understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo.) On this i 9 day of November , 2014. before ane appeared Boyd Hirtz to me persoriaUy ]Shown, who, being by nne duly sworn, did sap that he/she is the Vice President -' of SAK Construction, LLC a Missouri Corporation, and that the seal afElxed to the foregoing inst mment is the seal of said Corporation, and that the said inset meat was signed and sealed in behalf of said Corporation" by authority of its Board of Directors, and acknowledged said mstratnent to.be the free act and deed of said Corporation. IN TESTIMONY W,EREOF, l have hereunto set ray hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and eat first abovetten. i. Notary Public i My Commission Expires: ANDREA CARL STl OiM J Notary Pubiic i*lr)tary Seal STATE OF MISSOURI Tiny 10, 2016 Commission for St. Charles County MY Commssion Expires Judy 10, 2016 Cominission #12365546 i I . CW/DW SRF P&S F U.S_ ENVIRONMENTAL PROTECTION AGENCY WATER QUALITY OFFICE CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related sub -contracts exceeding S 10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained, The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any I location, under his Control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportur&y clause in this contract. As used in this certification, the terra "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit. local custom, or otherwise.The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) be will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. In Signature Date November 19,201 Name and Title of Signer Uyd Hirtz, Vice President (Print or Type) Firm Name SAK Construction, LLC NOTE: The penalty for making false statements in Offers is prescribed in 18 U.S.C. 1001. .F M11+•ilai� MISSOURI STATE REVOLVING FUND and STATE GRANT & LOAN PROGRAMS DISADVANTAGED BUSINESS ENTERPRISE (MINORITY AND WOMEN'S BUSINESS ENTERPRISE) UTILIZATION WORKSHEET Funding Recipient City of Cafe Girardeau, Missouri _ Project No.: Sanitary Sewer System Rehabilitation Project 2014 Contractor/Eagizteer: SAK Construction, LLC Address: 864 Hoff Road, Mallon MO 63366 Contact Person.- Bo d Hirtz Telephone No. (636) 385-1000 Amount of ConWa-c—q�- //,74MBE Percentage 3, 9/e 1 _ MBE Subcontractor LAy Ryp i y WBE Address 135 C311.5. - Contact Person- Am 6,,r Telephone No. 31y - 3 Q OA MBE/WBE Certification Number . /003 6 7,5 MODOT MBE/WBE Certification (Yes) �j _ (No) Amount of Subcontrac 3 9� Scope of Work C40 crc4 . CW RW S - 1"t r 2. MBE Subcontractor glue, JV u a WBE Address q S, trt k i Uu., 63mv, . /Mo b `f t1 Contact Person, Jyn Eos k -r — Telephone No. 46- SdS -13c13, OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) Amount of Subcontract 6St 578, y7 - Scope of Work Cacc,.,,;,,a ¢ cc -(J 3- MBE Subcontractor P 1 V1 Q,k WBE -4 Address S)o(- W, 131 5� Terr-&c4 !�,k ks U.10 I Contact Person 4i►e z "� Telephone No. 913- 691- aO5'D OA MBE/WBE Certification Number WW96 q MODOT MBE/WBE Certification (Yes) X (No) Amount of Subcontract$ 6, f"9S, D� Scope of Work ReqjS, 1401L( - - -- — i 4. MBE Subcontractor WBE _Address Contact Person OA MBE/WBE Certification Number _ MODOT MBE/WBE Certification (Yes) Amount of Subcontract Scope of Work _Telephone No. 5. MBE Subcontractor WBE Address Contact Pei -son Telephone No. OA MBE/WBE Certification Number MODOT-NME/WBE Certification (Yes) (No) Amount of Subcontract Scope of Work ! 5. MBE Subcontractor WBE Address Contact Person Telephone No., OA MBE/WBE Certification Number MODOT MBE/WBE Certification (Yes) (No) Amount of ,Subcontract Scope of Work Comments Prepared By: Boyd Hirtz Telephone Number. (630 385-1004 Date_ November 19, 2014 J E 2 i Domestic Products Procurement Law — RSMo 34.350 — 34.359 .Certification Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States, (34-353.1 RSMo) Project Name: Sanitary Sewer System Rehabilitation Project 2014 Project Number. NIA Contract Name: Sanitary Sewer System Rehabilitation Proiect 2014 Please check one of the following and sign where indicated. 0 All of the iron, steel, and manufactured goods used in the project are produced In the United States. ❑ A waiver is being requested from the to the domestic (owner) products provision due to the following exception: ❑ The specified products are not manufactured or produced in the United States in sufficient quantities or manufactured or produced In the United States within the necessary time frames in sufficient quantities_ ❑ The cost for the specified products would increase the contract by more than 10 percent"; or ❑ Only one line of a product is manufactured or produced in the United States. f Documentation of at least one of the cases above must be provided. List below the materials that cannot comply with the [domestic Product Procurement Law provisions, ❑ Additional sheets (attach if necessary) A Name and Title of Signer Please type) ` *fn accordance with the H.R. 3547, "Consolidated Appropriations Act, 2014," (Appropriations Act) all iron and steel products used in a State Revolving Fund project should be produced: In the United States. This requirement does not apply where the inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. Missouri DNR CWSRFIDWSRF (01131/14) -I I 7=r - - 4 -- -- t -- - CW/DW SRF P&S M CERTIFICATION REGARDING GOVERNMENT -WIDE RESTRICTION ON LOBBYING (For contracts, grants, cooperative agreements, and loans over $100,000) The undersigned certifies, to the best of his or her knowledge and belief that - (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, or an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of and Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant loan, or cooperation agreement, the undersigned shall complete and submit Standard Forza LLL, "Disclosure Form to Report Lobbying," in accordance with it instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards (at all tiers, including contracts under grants, loans, and cooperative agreements, subcontracts, and subgrants) over $100,000, and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into submission of this certification is a prerequisite for making or entering into this transaction impost by Section 1352, Title 31, U.S.C_ My person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure_ SAK Construction, LLC Name of Entity (city, county, contractor, etc.) Boyd Hirtz,_Vice President - - -- - - - Name of Certifying Official (Mayor, Presiding Commissioner, President, etc.) November 19, 2014 Date " American Iron and Steel Certification The Contractor acknowledges to and for the benefit of SAK Construction, LLC and the State of Missouri that it understands the goods and services under this Agreement are being funded with monies made available by the Clean Water State Revolving Fund and/or Drinking Water State Revolving Fund that have statutory requirements (see attached) commonly known as "American Iron and Steel;" that requires all of the iron and steel products used in the project to be produced in the United States ("American Iron and Steel Requirement") including iron and steel products provided by the Contactor pursuant to this Agreement. The Contractor hereby represents and warrants to and for the benefit of the Purchaser and the State that (a) the Contractor has reviewed and understands the American Iron and Steel Requirement, (b) all of the iron and steel products used in the project will be and/or have been produced in the United States in a manner that complies with the American Iron and Steel Requirement, unless a waiver of the requirement is approved, and (c) the Contractor will provide any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of the American Iron and Steel Requirement, as may be requested by the Purchaser or the State. Notwithstanding any other provision of this Agreement, any failure to comply with this paragraph by the Contractor shall permit the Purchaser or State to recover as damages against the Contractor any loss, expense, or cost (including without limitation attorney's fees) incurred by the Purchaser or State resulting from any such failure (including without limitation any impairment or loss of funding, whether in whole or in part, from the State or any damages owed to the State by the Purchaser)_ While the Contractor has no direct contractual privity with the State, as a lender to the Purchaser for the funding of its project, the Purchaser and the Contractor agree that the State is a third -party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary to give this paragraph force or effect) shall be amended or waived without the prior written consent of the State. SAK Construction, LLC Name of Contrac F- Firm "l / 1 November 19, 2014 Signa-xire Date Boyd Hirtz, Vice President Name and Title of Signer (Please type) r yF t . -Verify- Company usn A4 �, IIIIIII�J F n n'15 F4 -h E -VERIFY 15 A SEP.VICE OF DH9 Company ID Number: 199387 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 SAK Construction LLC (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, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (11RIRA), 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 11 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(x)), and SSA regulations (20 CFR Part 401). Page 1 of 131E -Verify MOU for EmpioyerlRevision Date 10/29/08 Nwor ; .dhsx ov/E.-Verify ■r 01XU;0 G�Illflll�,aerg1s� --- � £-V%R7FY TS A SERVICE OF DHS Company ID Number: 199387 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: a 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 13IE-Verify MOU for EmployerlRevision Date 10/29/08 E�f�I�,I�S.cto� T_�eri�f G - erg fy �.:;;,- E—VERTFY IS A SFRVT cg pp pH5 Company ID Number: 199387 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 QHS, 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)(B)) 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 13JE-Verify MOU for EmployerlReOsbn Date 10/29/08 °.liP��r.ctl1�-.�Ck ■f E-g� :r11��; <Mr„E �`� Glllllllo ���� e r ���sn scc� 7/�R57Rh,�ti Y E-vgPTFY TS A S%AVZCL b} DHs Company ID Number: 199387 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 2748 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 Ill. 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 Employerl Revision Date 10/29/08 V°� V 'brw`.d115.gOWE-Ver ify t�-Verify. 179 Company ID Number: 199387 04�"��fv �G}/Py 5Et4� �6rGTar O ���II IIIIE,�O E-VEP.IFY IS A SERVICE 9F OHS 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 III.B. 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 1800- 255-8155 or 1-800237-2515 (TDD). 11- The Employer agrees to comply with Title VII of the Civil Rights Act of 1984 and section 2746 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 274B 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 irmployerjRevfsion Date 10/29/08 'P ww,dhs .g(�VIE- er >-� y r a. a r i � vsr,srr xs n ssavics oe CKs Company ID Number: 199387 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 131E -Verify MOU for EmployerlRevision Date ID/29108 wErJvLFAhs.goW E `+fir; ria y �R-Verify. Company ID Number: 199387 0Gti� 4 5€� G,P ,G II11I II ��h'ISFRF�4 �E-VERIFY E9 A SLPVSGE OF DRS 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 ILD, 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 1-9 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 7 of 13IE-Verify MDU for Employerl Revision Date 10/29/08 vAfirtl.;.dInk s.0G /E-VarifY oEe' R�f A� SECUf ---"" ��° ri �i( pry E-VgRX" 1S A s£AYSc£ QF DH9 Company ID Number: 199387 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-Verity MOU for ErnployerjRevEsicn Date 10/29108 wkgw.dhs.ao 1E-Ve rift' W Company ID Dumber: 199387 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 S 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, or Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 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 signatuCe 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 of 131E -Verify MOU for EmployerlRevision Date 18/29/08 v v wd. h sq,;gov!F-Afar fy p4��fh °°��y SECG -Verif - tM .=� E -VERIFY is A suxiCE of DHS Company ID Dumber: 199387 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 S 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, or Sending a photocopy of the document by an express mail account (furnished and paid for by DHS). 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 signatuCe 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 of 131E -Verify MOU for EmployerlRevision Date 18/29/08 v v wd. h sq,;gov!F-Afar fy 1--i �44A0.1'Nf_ 0 6 ! Sz 1- —Verify. 11!1O M E -VERIFY 25 A SERVI{E OF RHS Company ID Number: 199387 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 13JE-Verify MOU fnr Employerl Revision Date 10128!08 4�'�§P of 'F'dh";.Eoer"Uy 401 Ili�Ill -Verify. /NiS TRA y. 15 R sERVI Ce a? DNS Company ID Number: 199387 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 SAK Construction LLC Angela Hirtz Name (Please Type or Print) Title. Electronically Signed 0311912009 Signature Date:- Department ateDepartment of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) Title. Electronically Signed 0311912009 Signature date Page 11 of 131E-VerifyMOU forEmplayerlRevision Date 10/29108 , C?dvv.dIvgq[y.ovfEPVei"N1� y . owi�En ti�'L SEAL, va -Verify.�S P s-vestry rs n sc�vrce or nxs Company ID Number: 199387 Information Required for the E -Verify Program Information relating to your Company: Company Name: SAK Construction LLC Company Facility Address: 103 N Cooi.Spring s Rd. OFallon, MO 6.3366. , Company Alternate Employer Identification Number: 204193988 North American Industry Classification Systems Code: 237 Parent Company: Number of Employees: 20 to 99 Number of Sites Verified for: 2 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: • ARIZONA 1 site(s) • MISSOURI 1 site(s) Page 12 of 131E -Verify MOU for ErnpEoyerlRevision Date 90129108 +zxEc' Ir oGf F+f y� ri , AIS aP -Ve r i fy E-VEp,ITy Is p sLRVT�E 7 ➢H5 Company ID Number: 199387 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Angela Hinz Telephone Number: (636) 379 - 2350 ext. 20 Fax Number:. (636) 410 - 7711 E-mail Address: ahiriz@sakconst.com Page 13 of 131E -Verify MOU for EmpfoyerlRevisim Date 10/29/08 ww"v. d hs, g Ov IEAferH'-�.' April 26, 2011 To Whom it May Conc(!rn: Boyd Hirtz, Vice President and General Manager of our CiPP Division is Hereby authorized to sign bids, extend offers, subrilit proposals and execute contracts on behalf of SAK Construction, LLC. Je oma P. Shaw, Jr. .President SAK Construction, LLC State of Missourl) County of St. Charies) On this 2e day of April, in the year 2011, before me, TroyThomEis Bradshaw, a notary public, personally appeared, Jerome P. shave, proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged he executed the same. Witness my hand and official seal NOTARY PUBLIC TfayThomas Bradshaw Notary Pu6ric Notary5eai State of N[isr;aurt Connty of Warton My Cornmisslon Fxpirea 12J11=011 Commission # 074/0273 SEAL An Equd Opportu ,hy Fmployer National Headquarters . jarry Shaw' � '- B64 Haff Rd, pY?sfdent O'Paticn, MO 63366 RobertAfihotdar 636,379.235Drdepfwne. CONSTRUCTION 636374.2461 fax Vke chaimwn PIPE REHABiLITAnON AND wv✓waak-co1)&Ucti0n.com 'rb6 Karahm?n TUNNEL COKMAC OR G`wfrrfon April 26, 2011 To Whom it May Conc(!rn: Boyd Hirtz, Vice President and General Manager of our CiPP Division is Hereby authorized to sign bids, extend offers, subrilit proposals and execute contracts on behalf of SAK Construction, LLC. Je oma P. Shaw, Jr. .President SAK Construction, LLC State of Missourl) County of St. Charies) On this 2e day of April, in the year 2011, before me, TroyThomEis Bradshaw, a notary public, personally appeared, Jerome P. shave, proved on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged he executed the same. Witness my hand and official seal NOTARY PUBLIC TfayThomas Bradshaw Notary Pu6ric Notary5eai State of N[isr;aurt Connty of Warton My Cornmisslon Fxpirea 12J11=011 Commission # 074/0273 SEAL An Equd Opportu ,hy Fmployer COMFIDINTIAL LIFTED LL4BILITY COMPAINY OPERAMNG AGREEMENT OF SAK CONSTRUCTION, LLC This Limited Liability Company Operating Agreement is made as of this 21st day of November, 2006 among those Persons signatories hereto. RECITALS A. The parties have formed a limited liability company under the lays of the State of Missouri_ B. The parties wish to set forth their agreement concerning the conduct of the business and affairs of such Iimited liability company and the relative rights and obligations of the patties in relation thereto, all as set forth herein, AGREEM NT In consideration of the foregoing, the mutual covenants herein contained and other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby acknowledged by the parties by their execution hereof), the parties agree as follows. 1. Definitions; Construction. I.I.Defiuitions. For purposes "of this Agreement; the following capitalized terms have the following meanings. "Ace" means the Missouri Limited Liability Company Act. "AdditionalAfemher" has the meaning set forth in Section 10.1. "Adjusted Capital Account Deficie" means the negative balance i.n a Member's Capital Account as of the relevant time, adjusted to: (i) increase such Capatal Account by:. (a) the amourata if any, of such. negative balance which such .Member -is obligated to restore under this Agreement; and (b) the amoxint, if any, of such negative balance which such Member is deemed to be obligated to restore under Treasury Regulation, §§1.704-2(g)(1) and 1.704.2(i)(5); and (ii)reduce such Capital Account with the items described in Treasury Regulation §§1.704-1(b)(2)(ii)(d)(4), (5) and (6). "Affrlrate" 'means: (i) any Person which, directly or indirectly, is in control of, is controlled by or is under common control with the party for whom an affiliate is being determined; or (ii) any Person who is a director or officer (or comparable position) of any Person described in clause (i) above or of the party for whom an affiliate is being determined. For purposes hereof, control of aTerson means the power, direct or indirect, to: (a) vote IG% or more of the securities having ordinary voting power for the election of directors (or comparable positions) of such Person; or (b) direct or cause the direction of the management and policies of such Person, whether by contract or other -wise and either alone or in conjunction with others. "A,greenrane, means this Limited Liability Company Operating Agreement, including all Exhibits and Schedules hereto. "Articles of Organizatiou" means the articles of organization filed with the Missouri. Secretary of State's office pursuant to the Act,and as herein provided for the purpose of forming the Company. "Bankruptcy" has the meaning ascribed to such term in the Act. 1269) SD: Novembw2q, ?006 4.5. Contributed Property. The Members agree that the fair market. value of the Contributed Property on the date of its Contribution will be equal to five hundred thousand dollars ($500,000.0). In the event the M disagrees with such determination of fair market value by the Members, the Company Will make such curative allocations of income and distributions to the Members as are necessary to achieve the same results as if such fair market value hadbeen respected by the IRS. 4.6.Third-Party Creditor. A Member's obligation to make a Contribution is not enforceable by a third -party creditor of the Company. S. Management of the Company. 5.1. Manager. 5.1.1. Management of the Company. The management of the Company is vested in the Manager. Except as set forth in this Agreement, the Manager is the agent of the Company for the purpose of its ordinary business and affairs, and has complete authority over and exclusive control and management of the day-to-day affairs of the Company without the affirmative vote, approval or consent of any of the Members. The act of the Manager for carrying on the business of the Company in, the usual way and in the ordinary course binds the Company. In connection with such management, the Manager may employ on behalf of the Company or on behalf of any Subsidiary any other Person to perform services fox the Company, including the Manager, Members or Affiliates, of any Member or Affiliates of the Manager. In furtherance of carrying orr the business of the Comparry, the Manager may, subject to Section 5.2, do the following and bind the Company: 5.1.1.1. enter into and perform Contractual. Obligations of any kind necessary or desirable to the Company's or any Subsidiary's business; 5.1.1.2. establish, maintain, deposit in and withdraw from cheeking, savings, custodial. and other accounts in the name of the Company in such banks, frust companies or other financial institutions as -the Manager may from time to time select; 5.1.1.3. execute any notifications, statements, reports, returns or other filings that are necessary or desirable to be filed with any Governmental Authority; 5.1.1.4. borrow money and incur Debt on behalf. ofthe Company or of any .Subsidiary on a nonrecourse basis to the Members and secure the same with the Company's or any Subsidiary's property, including borrowing froin Members, the Manager, Affiliates of Members and Affiliates of the Manager; 5.1.1.5. take such actions and exeoute such documents as may be required in connection with any loan agreement, mortgage, note, bond, indenmity, security agreement, escrow, bank Letter of credit or other evidence of indebtedness which may be required in connection with Debt incurred by the Company or by any Subsidiary; 51..1.6. establish reasonable reseive funds from, revenues derived from the Company's or any Subsidiary's operations to provide for future rcquirements of the Company's or any Subsidiary's business, a Subsidiary; thereto; amendments thereto; farm, organize, acquire, sell, dispose of, reorganize or liquidate prepare the Budget for each Fiscal Year and any amendments prepare *the Business flan from time to time, and any 10 5.1.1.1.0. invest the Company's and any Subsidiary's current assets in such investments as the Manager deems proper•, 5.1.1.11. • make loans or advances to other Persons (excluding Members, the Manager, Affiliates of Members and Affiliates of the Manager), all upon terms and with such security as the Manager deems necessary under the circumstances; 5.1.1.12. do all acts which the Manager deems necessary or appropriate for the protection and -preservation of the Company's or any Subsidiary's assets; 5.1.1.13. carry at the expense of the Company such insurance for public liability and other coverage (including directors and officers or comparable liability insurance) necessary or appropriate to the business of the Company and the Subsidiaries in such amounts and of such types as the Manager determines from time to time; 5.1.1.14. make and revoke any election permitted to the Company by any Csoverninental Authority; 5.1.1.15. compromise, settle or submit to arbitration, and institute, prosecute and defend any and all actions or claims in favor of or against the Company or any Subsidiary or relating to the Company's or any Subsidiary's business; 5,1.1.16. obtain all permits and licenses, necessary for the operation of the Company's or any Subsidiary's business and the ownership of its assets; 5.1.1.17. hire or appoint cuipldyees; agents, independent contractors or officers of the Company or of any Subsidiary, 5.1,1.18, acquire by liurchase, lease or otherwise, any real or personal property (including securities of or interests in corporations, partnerships, limited- partnerships, limited liability companies or other Persons) which may be necessary, convenient or incidental- to the accomplishment of the purposes of the Coziipany or of any Subsidiary; • 5.1..1.19. construct, operate, maintain, finance, improve, own,- sell, dispose of, convey, assign, license, mortgage or lease any real. estate and any personal property necessary, convenient or incidental to the accomplishment of the purposes of the Company or of any Subsidiary; 5.1.1.20. prepay in whole or in part, refinance, recast, increase, modify or extend. any Debt or any mortgages or security agreements affecting the assets of the Company or of any Subsidiary and in connection therewith execute any extensions or renewals thereof or any mortgages on the assets of the Company or of any Subsidiary; 5.1.1.21, invest or reinvest any or all of the revenues ,of the Company or of any Subsidiary in new assets or existing assets of the Company or of any Subsidiary; 5.1.1.22, engage in any kind of activity necessary to, in connection with or incidental to the accomplishment of the purposes of the Company or of any Subsidiary; 5.1.1.23. employ, when and if in the Manager's sole discretion the same is deemed necessary or advisable, brokers, managers, consultants, agents, accountants, lawyers or other expert advisors, notwithstanding fine fact that the Manager, an Officer, a Member or an Affiliate of any of the foregoing may have an interest in, employ or be one of the brokers, managers, consultants, agents, accountants, lawyers or other expert advisors; 5.1,1.24. ' sell, exchange, lease, license, mortgage, pledge or transfer all or substantially all or less than substantially all of the assets of the Company or of any Subsidiary either in or other than in the ordinary course of its business; F 5.1.1.?5. dissolve and wind up the Company; 5.1.1.26. pay all fees, compensation and reimbursements to the Manager and his Affiliates as provided for herein; 5.1.1.27. amend this Agreement or the Articles of th ganization; E' 5.1.1.28. change the name of the Company at any time; and 5.1.1.29, take any and alf actions (whether described above or not) and engage in any IQnd of activity and perform and carry out all fimctions of any kind necessary to or in connection with the business of the Company or of any Subsidiary and exercise all rights and remedies of -the Company or of any Subsidiary in connection with any of the foregoing. 5.1.2. Appointment of the Manager. The initial Manager is Jerome P. Shaw, Jr. Any Manager other, than the initial Manager is to be appointed by the Investor Member. The Manager may, - but need uot.be, a Member. ; 5.1.3. Term of the Manager. Jerome P. Shaw, Jr. will serve as the initial and sole Manager until such time as an Event of Withdrawal occurs with respect to hire. Any Manager, other than the initial Manager, is to be appointed for a term of two years and occupies such position for the tenon for which he is elected and until his successor has been elected and qualified or until he resigns as Manager or dies or becomes incapacitated or, if he is a Member, until the occurrence of an. Event of Withdrawal with respect to him or until his removal hereunder, whichever first occurs. A Manager may be reappointed for an unlimited number of terins: 5.1.4. Resignation of the Manager. A Manager may resign as Manager at any time for any reason. .Any such resignation must be in writing and must be delivered to the Investor Member. A resignation is effective upon such delivery. 5.1.5. Removal of the Manager. A Manager may be removed as Manager at any time, with or without cause, by the ,Investor Member. 51.6. "vacancies: In the case of a vacancy in the position of Manager for one of the reasons set forth above, the Investor Member is -to fill such vacancy_ . 5.1.7. Meetings With Investor Member- Representative. The Investor Member shall appoint an Investor Member Representative. The initial Investor Member Representative is Thomas Kalishman_ The Manager shall schedule quarterly meetings with the Investor Member Representative at which 'the Manager shall report on the financial performance of the Company and such, other Company matters as the investor Member Representative may request. The Company shall reimburse the Investor Member Representative for travel, lodging and other expenses incurred by him on behalf of the Company or in connection with the business of the Company. 5.1.8. Optional Board of Managers. Tire Investor Member may at any time, in the sole and absolute discretion of the Investor Member, elect to vest the management of the Company in a Board of Manageks. If the Investor Member makes such an election, the Investor Member shall have the right and authority to determine the size of the Board of Managers, appoint persons to serve as members of the Board of Managers, establish quorum and voting requirements, and set any and all roles pertaining to meetings of the Board of Managers. All members of the Board of Managers shall serve at the pleasure of the Investor Member and may be removed by the Investor Member at any time with or without cause. If the Investor Member elects to vest management of the Company in a Board of Managers, all references 12 OwiUA Document A31011-2010 CONTRACTOR: SURETY: (Name, legal status and address g ) (Name, legal status and principal place of business) Travelers Casualty And Surety Company Of This document has Important legal SAK CONSTRUCTION, LLC America consequences. 864 Hoff Road One cower Square Consultation with an O'Fallon, MO 63366 Hartford, CT 06183 attorney is encouraged with respect to its OWNER: Mail Notices To: completion or modification. (Name, legal status and address) Travelers Cit Of Cape Girardeau Attn: Inez Meyerholz — Bond Claims One Tower Square 2S1A Any singular reference to Contractor, surety, 20 7 Southern Expressway Hartford, CT 06183 Owner, or other party Cape Girardeau, MO 6370'! shall be considered plural where applicable. BOND AMOUNT: Five Percent of the Amount Bid ----------------- dollars ($ 5% of Amount Bid) PROJECT: Sanitary Sewer System Rehabilitation Project 2014 (Name, location or address, and Project number, ifany) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner 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. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not applyto any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision. in this Bond conflicting with said statutory or legal requirement shall be deemed deleted berefrom and provisions conforming -i statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 20th day of November, 2014. I SA K CON_5P l�l TXON LL ' ,,( ✓ (princi ! (Witness) (Title) Travelers Casualty And Sure Com R Of America (So TY � a ( r ess) Kristan L. Lucas, With (Title) Amanda L. illlams, Attomey4n-Fact r blit AIA Document A310'"i— 2010. Copyright ®1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA? ° Document. or any portion of It, may result In severe civil and criminal penaittes, and will be prosecuted to the maximum extent possible `u.q�er the law. Purchasers are permitted to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Documents, e-mail The American Institute of Architects' legal counsel, coovriaht0aia.oro, Willa } ACKNOWLEDGEMENT FOR CONTRACTOR .ACKNOWLEDGEMENT FOR CONTRACTOR, IF LIMITED LIABILITY COMPANY STATE OF MISSOURI COUNTY OF ST. CHARLES ON THEA DAY OF U `-`wt p_ v wi ` , BEFORE ME PERSONALLY APPEARED 15bL•a' A Mk Z TO ME KNOWN AND KNOWN TO ME TO BE THE Al V L S , t . s ` OF SAK CONSTRUCTION, LLC, A LIMITED LIABILITY COMPANY, DESCRIBED IN AND WHO EXECJTEDTHE FOREGOING ENST$UMENTAND ACKNOWLEDGED TO ME THAT (S)HE EXECUTEDTHE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT (S)HE EXECUTED THE SAME AS AND FOR THE ACT AND DEED OF SAID LIMITED LIABILITY COMPANY. NOTARY PUBLIC E CARLSTROiiMlic Notary Seal OF MISSOURI r St. Charles County Expires Juiy 1D, 2C16 on #12365546 State of Missouri County of St. Louis On 1112012014, before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Amanda L. Williams known to me to be Attorney -in - Fact of TRAVELERS CASUALTY A" SURETY COMPANY OF AMERICA the corporation described in and that executed the within and foreg6ing instrument, and known to me to be the person who executed the said instrument in behalf of said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. Kristan L. Lucas, Notary Public KRISTAN L. LUCAS Notary Public- Notary Seal STATE OF MIMURI St Louis County My commission Expires: Mar, 10, 2015 Commission # 11543056 My Commission Expires: WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERSJ Farmington Casualty Company St. Paul Mercury insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No, 227908 Certificate No. 006042172 KNOW ALL MEN BY THESE PRESENTS; That Farmington Casualty Company, St, Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Andrew P. Thome, Dana A. Dragoy, Kristan L. Lucas, Peter J. Mohs, Helen A. Antoine, Debra A. Woodard, Barbara Buchhold, Myranda Bohannon, Michael D. Wiedemeier, and Amanda L. Williams of the City of Chesterfield , State of Missouri , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any ac[ious or proceedings allowed by law. 3rd IN WI MESS EREOF, the Coymies have caused this instrument to be signed and their corporate seals to be bereto affixed, this eptemoer day of Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company..:, Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. Travelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company GASU,�( � y,IAE 6 �pN, I MSU9 Jaa INsI/ggry, gJP4YY Aka a` ,���/Y _c�S1Y�r x 19 8 2 a y g%% { 1� r z ...— e i NAaYFORo, � 4NR1frCflG � � iy • F� ���RAHcf GC?jsj br a° ",6 +n! y �41}t d�` 1,N +r ..•, • r� r � ,.P . Altt J State of Connecticut By: City of Hartford ss. Robert L. Raney, enior'Vice President 3rd September 2014 On this the day of ,before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, 0.187-,* In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. 58440-8-12 Printed in U.S.A. _ `(�1 ani► � . � Mane C, Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows; RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the, Company's name and seal with the Company's seat bonds, recognizances, contracts of indemnity, and other.writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers. President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity, and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies; whickis in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and af@ixed the seals of saidCompanies this 20 day of XOVe>nbeir tz Kevin E. Hughes, Assistant Sec tary ' GF5VAC YfSA6 4 ��,N I NyP � INSVq p TY ANA Y .yp gyp; ""'•.w qyy jJ4yy+P .,.....�„q� Po mG N'aen r.,y�F1�T 'SMO O 6 � C1 � �-•..rvrvurJ/ �m � Gtl RP�R,/}�: C'I iyr•G4PPOR� i� � F.�� x G,19+8 2 0 � � gi% �n m i s m - � ` � o i '$ �sRtFORo< ••7 liF�6r tib. � Na, �b 1�FJiT SERLfa}�?5SALge conk n t N 189b � ctl T*' R„Nc 1S . ANK 1s ..`.. >•� $1 Y F�+ � � A1tid� To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-Iii-Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER TRAVELERS CASUALTYAND SURETY COMPANY OF AMERICA HARTFORD, CONNECTICUT 05183 FINANCIAL STATEMENT AS OF DECEMBER 31, 2013 CAPITAL STOCK $ 5,480,000 CASH AND INVESTED CASH 3 67,799,624 UNEARNED PREMIUMS S 808,717,571 BONDS 3,452,214,899 LASSES 809,863,178 INVESTMENT INCOME DUE AND ACCRUED 47,759,502 LOSS ADJUSTMENT EXPENSES 460,670,463 OTHER INVESTED ASSETS 265,099,610 COMMISSIONS 31,781,135 PREMIUM BALANCES 19o,836,462 TAXES, LICENSES AND FEES 12,482,922 NET DEFERRED TAX ASSET 61,575,098 OTHER EXPENSES 38,437,943 REINSURANCE RECOVERABLE 11,361,414 FUNDS HELD UNDER REINSURANCE TREATIES 94,401,464 SECURITIES LENDING REINVESTED COLLATERAL ASSETS 4,910,772 CURRENT FEDERAL AND FOREIGN INCOME TAXES 1$,367,467 RECEIVABLES FROM PARENT, SUBSIDIARIESANUAFFIL(ATES 30,T72,461 REMITTANCES AND ITEMS NOT ALLOCATED 13,577,603 STATE SURCHARGES RECEIVABLE 258,771 AMOUNTS WITHHELD I RETAINED BY COMPANY FOR OTHERS 23,615,357 OTHERASSETS 14,872,822 RETROACTIVE REINSURANCE RESERVE ASSUMED 1,611,674 POLICYHOLDER DIVIDENDS 6,462,513 PROVISION FOR REINSURANCE 3,970,484 ADVANCE PREMIUM 1,076,609 PAYABLE FOR SECURITIES LENDING 4,910,772 DERIVATIVES 112,003 CEDED REINSURANCE NET PREMIUMS PAYABLE {6054,254} ESCHEAT LIABILITY 471,948 OTHER ACCRUED EXPENSES AND LIABILITIES 242236 TOTALL€AEIUVES $ 2,265,740,367 CAPrrAL STOCK $ 8,480,000 PAID IN SURPLUS 433,603,760 OTHER SURPLUS 1,441,435,327 TOTAL SURPLUS TO POLICYHOLDERS S 1.981,720,088 TOTAL ASSETSS 414, 7460,454 'TOTAL LIABIUM6&SURPLUS S 4,147,460,454 STATE OF CONNECTICUT ) COUNTY'OF HARTFORD )8S, CITYOF-HARTFORD 1 MICHAEL J. DOODY, BEING DULY SWORN, SAYS THAT HE IS SECOND VICE PRESIDENT, OF TRAVELERS CASUALTY AND SURETY COMPANY OFAMERICA, AND THAT TO THE BEBTOF HIS KNOWLEDGE AND BELIEF, THE FOREGOING IS A TRUE AND CORRECT STATEMENT OF THE FINANCIAL CONDITION OF SAID COMPANY AS OF THE 0IST DAY OF DECEMBER, 2013. SUBSCRIBED AND SWORN TO BEFORE ME THIS ISTH DAY OF MARCH, 2014 SECOND VICE PRESIAUNT r� NOTARY PUBLIC SUSAN M.WRISSLEDER Nolory Public Aly Comindislon Expires November 30, 2017 0 N N a w m W O Z W Q ❑ O O to O O O 0 O O O O O O C7 O O X11 O N O O O O O O O O O O O O C> U J - 1p N r ((l r O O O O O O O O O O O J J O N O 00 U) M h O O ((7 O O to O O O tl) a; M n N V m O M N (0 N O O d+ N F N (D N T O tf7 N C r (('i N O 0) oO ti (f7 O O N 0) r M r LO r^ M N It r r O N y N WC (3] 694& 69 V3 V3 64 W. 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O C D ER 64 64 64 64 V► LO N T M o U Q m � co U Q N O O O 0 0 u -)O 0 CD o 0 a C3 a. a) h GY LU mz %- U a U'? O a� U {n r n d Ui O O q O O [Q T 0' L N j m a L 'O '- U J F- c0 V N Or a) N O Q E N 2' ¢ It ro 69 ' N F N O o o Q m O w Uw Lo CD �-' E2 E a J Q Z N V U O O S :3r Y b sH U)r w 61? Uai cfOo O 0 o O o o O O W (c v0t 0 N 0 C 0 C. N CO � Q V N C) M 64 £H 69 fH 64 O (DO O (DO C7 H W U - (2 z u� W 0 r H-7 64 69r a1 0 0 0 o uJ U) co Q ui T o a FW com r �t. ? J J J ui h Q U fU Q m 3 C3 m d co Q C C C 0 C C W O t Z p Ir d U) NL 0 —M V. :9th Q Z w Q c: N F" •� Q 13t 4 L •C .0 ,C U Q Q 0 � w m �0) W8 a� n- d Q' ~ O o W F- ca " m m V p LL `° Co 0� �� �a o_ c) c rn F m 11 LL! w•c O ~ Q ri)S 0U 6i u u h F- p T W dl N L) U LD aLW F"" Z m 4 O q a Staff: Tim Gramling - Public Works Agenda: Director 1/5/2015 SUBJECT Agreement for Professional and Construction Management Services with Cambridge Companies, Inc. for a new solid waste multi -use transfer facility. EXECUTIVE SUMMARY On December 2, 2014, the City executed an agreement with Republic Services that included hauling & transportation services of municipal solid waste from the City's current transfer station. The agreement also included a provision for the construction of a new multi -use transfer facility and hauling & transportation services from the new facility. The agreement also included a provision for Republic Services to operate their hauling operation from the new City owned facility and to process all solid waste from that hauling operation through the new City owned multi -use facility. The revenue from the solid waste processed by the City from Republic's hauling operation, as well as the lease payment for using City owned facilities will provide enough revenue to pay for the new facility without increasing user fees. This agreement with Cambridge allows the City to implement the new facility provision of the partnership with Republic Services. BACKGROUND/DISCUS SION A request for proposals for Solid Waste Services was advertised on August 6, 2014 and proposals were received on October 6, 2014. Republic Services was chosen from the four proposals submitted. This agreement is a result of the negotiations between the City and Republic Services based on their submitted proposal. The agreement establishes the hauling and transportation rates as well as the conditions for providing those services for the City. The agreement also sets out the terms that will allow the City to pursue the construction of a new City owned Solid Waste Multi -Use Facility that will be funded through additional revenues produced as a result of this agreement with Republic. A favorable agreement for the construction of the new facility has been negotiated with Cambridge Companies, who was the company included in Republic's proposal and is being brought to Council for approval. The estimated cost of the total project is $3,869,508 which includes professional design services, permitting services, construction management services and construction of the new facility. FINANCIAL IMPACT There is no anticipated additional impact to the Solid Waste budget for the design and construction of this new City owned facility. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Synergies created between Republic Services and the City operating out of a new multi -use facility is mutually beneficial to both parties and has the potential to increase the amount of solid waste brought to and processed by the City which would mean a greater potential for increased revenue in the future. STAFF RECOMMENDATION Staff recommends approval of the resolution to authorize the City Manager to execute this agreement and all related documents for this project. ATTACHMENTS: IN a irn e : Descirillpfion El Cambridge - Solid Waste Multi- Use Facility es.doc Solid WasIte I Use Tirainsfeir SItaUoin Oirdlinaince R Ll MUF Agree ent.pdf AgireeirneinIt for IFlirofessiioinall and CoinsItirUdoin IManageirnent Services willh Cambridge Coirnpainles BILL NO. 15-09 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CAMBRIDGE COMPANIES, INC., FOR THE SOLID WASTE MULTI -USE TRANSFER FACILITY, 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 Cambridge Companies, Inc., for the Solid Waste Mutli-use Transfer Facility, 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 , 2015. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk AGREEMENT FOR PROFESSIONAL AND CONSTRUCTION MANAGEMENT SERVICES THIS AGREEMENT FOR PROFESSIONAL AND CONSTRUCTION MANAGEMENT SERVICES (the "Contract") is made this _ day of , 20_ (the "Contract Date"), between The City of Cape Girardeau. (hereinafter the "Owner") Cambridge Companies, Inc. and (hereinafter "Contractor") WHEREAS, the Owner requires the performance of certain design, engineering and construction management services, as hereinafter described, for construction of a Solid Waste Multi -use Faclitt (the "Project"); and WHEREAS, Contractor is prepared and able to perform the professional design, engineering and construction management services required by the Owner; THEREFORE, in consideration of the mutual promises hereinafter set out, the Owner and Contractor agree as follows: 1. GENERAL PROVISIONS 1.1 The Contract Documents, The Contract Documents consist of this Contract, Exhibits, drawings, specifications, other documents listed in this Contract, and modifications issued after execution of this Contract, all of which form the Contract and are as fully a part of the Contract as if attached hereto or repeated herein, Upon the Owner's acceptance of the Contractor's Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.4.3.1 and identified in the Executed Guaranteed Maximum Price Proposal. The Contract represents the entire and integrated agreement between the parties hereto with respect to the Project and supersedes prior negotiations, representations or agreements, either written or oral. 1.2 Scope of Work. Contractor shall, in accordance with the requirements of this Contract, perform and provide the design, engineering and contracting services described in the Scope of Work attached as Exhibit A hereto (the "Work"), as modified by the parties from time to time with respect to the scoping, design and construction phases. Contractor shall complete the performance and provision of the Work as specified in Section 2 herein. 1.3 The Contractor accepts the relationship of trust and confidence established by this Contract and covenants with the Owner to furnish the design, engineering and construction management services set forth herein; to provide efficient administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve, in a timely manner, information or other requests required by the Contractor and to make payments to the Contractor in accordance with the requirements of this Contract. 2. CONTRACTOR'S SERVICES 2.1 Scoping Phase Services 2.1.1 The Contractor shall provide a preliminary evaluation of the Owner's Program, schedule, space and site requirements, and budgetary requirements, each in terms of the other, as set forth in the Scope of Work. 2.1.2 The Contractor shall conduct an initial site visit and inspection, and such additional visits as needed by the Contractor, to assess the suitability of its use for the Project and provide the Owner a presentation of its findings as and to the extent set forth in the Scope of Work. 2.1.3 The Contractor shall schedule and conduct meetings with the Owner, in person or via telephone conference or online meetings as reasonably determined by Contractor, to discuss such matters as procedures, progress, coordination and scheduling as and to the extent set forth in the Scope of Work. The Contractor shall advise on proposed site use and improvements, including, without limitation, access, traffic, drainage, building placement and parking, selection of special equipment and systems, and building systems and equipment, 2.1.4 Contractor shall research and review laws and regulations applicable to design and construction of the Project and correlate such laws and regulations with the Owner's Program requirements. In the performance of this obligation, Contractor shall meet with governmental authorities having or potentially having jurisdiction over the Project and make all commercially reasonable efforts to ensure that the design of the Project complies with applicable laws, codes, regulations and requirements, and any and all fire safety laws, codes, regulations, or requirements, including but not limited to all local, state and federal laws, codes, regulations and requirements. Contractor will notify Owner and at all times keep Owner advised of any potential challenge or obstacle to full and complete legal approval and compliance, including obtaining all applicable licenses and permits. 2.1.5 The Contractor shall investigate and determine the nature and identity of all permits, licenses and inspections as are necessary to commence and complete the Work. Contractor shall prepare a list of same, including associated costs and fees, and furnish it to the Owner. All fees charged by the City will be waived for this project. 2,1.6 Based upon the Contractor's review and analysis of the Owner's Program, the Contractor shall prepare a preliminary design, a preliminary project cost estimate, including cost estimates for any equipment systems, and a preliminary project schedule for the Owner's review and comment, If the cost estimate exceeds the Owner's budget, the Contractor shall make recommendations to the Owner on ways to reduce the preliminary cost estimate, The preliminary project schedule shall show the activities needed to satisfy the Owner's requirements for completing the Project. 2.1.7 For the Contractor's Scoping Phase Services described in Sections 2.1,1 through 2.1.6, the Owner shall compensate the Contractor as provided in Exhibit B. If Exhibit B is blank, Scoping Phase Services are not part of this Agreement. 2.2 Design Phase Services: Development of Documents 2.2.I Design Documents, The Contractor shall prepare and submit to the Owner for review and written approval Design Documents based on the approved adjustments in the Program, budget and completion requirements authorized by the Owner. See Exhibit C. The Design Documents, as modified by the parties from time to time, shall consist of drawings, outline specifications and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems and elements, and such other elements as may be appropriate. The Contractor shall update the preliminary schedule and estimate based on the Design Documents and shall submit such update to the Owner for review and approval, One set of these documents, as updated, shall be provided to the Owner. Upon submission to the Owner, the Contractor shall certify that, to the extent required of Contractor as set forth in the Scope of Work, the Design Documents: (i) are consistent with the Contract Documents (ii) comply with applicable industry and professional practice standards, and (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and (iv) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications. 2.2.2 Construction Documents, After the Owner's approval of the Design Documents, the Contractor shall submit to the Owner for review and approval Construction Documents based on the approved Design Documents and any adjustments in the program, budget and completion requirements authorized by the Owner. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for construction of the Project (the "Drawings and Specifications"). If the Guaranteed Maximum Price has not been established, the Contractor shall prepare further updates of the preliminary schedule and estimate and shall submit such updates to the Owner for review and approval, Three sets of these documents, as updated, shall be provided to the Owner. In addition, all drawings available on CADD are to be provided to the Owner on diskette or other electronic format accepted by Owner, As-builts will be provided to the Owner at the completion of the Work, All CADD drawings provided shall be compatible with AutoCAD 2011. 2.2,3 For the Contractor's Design Phase Services described in Section 2.2, the Owner shall compensate the Contractor as provided in Exhibit D. If Exhibit D is blank, Design Phase Services are not part of this Agreement. 2,3 Construction Phase Services 2.3.1 The Construction Phase will commence upon the issuance by the Owner of a written Notice to Proceed, See Exhibit E. 2.3.2 Those portions of the Work that the Contractor does not customarily perform with the Contractor's own personnel shall be performed under subcontracts with Contractor or, as applicable, by other appropriate agreements with the Owner. The Owner may designate specific persons from whom, or entities from which, the Contractor shall obtain bids. The Contractor shall prepare and review with the Owner Requests for Proposal ("RFP") for all elements of the Work. Upon the Owner's approval of the RFPs, the Contractor shall issue the RFPs and obtain bids from Subcontractors and from suppliers of materials or equipment fabricated especially for the Work and shall deliver such bids to the Owner. The Owner shall then determine, with the advice of the Contractor, which bids will be accepted. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. 2.3.3 The Contractor shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Contractor shall prepare and promptly distribute minutes to the Owner. 2.3.4 Upon the execution of the Executed Guaranteed Maximum Price Proposal as provided in 2.4.1.6, the Contractor shall prepare and submit to the Owner a construction schedule for the Work and submittal schedule. 2.3.5 The Contractor shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Contractor shall submit written progress reports to the Owner, showing percentages of completion and other information required by the Owner. The Contractor shall also keep, and make available to the Owner, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner. See Exhibit F. 2.3.6 The Contractor shall develop a system of cost control for the Work, to include a forecast of anticipated costs and regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Contractor shall identify variances between actual and estimated costs and report the variances to the Owner and shall provide this information in its monthly reports to the Owner. 23.7. If any items are required as part of the DNR or Environmental permitting process that is outside the current scope of work or budget, it will be dealt with as a change order to the current contract. 2.3.8 If Owner abandons the project prior to construction, the fees incurred by Contractor are payable by Owner to Contractor. 2.4 Compensation for Construction Phase Services 2.4.1 Guaranteed Maximum Price Proposal 2.4.1.1 Following review and approval by Owner of Subcontractor bids, the Contractor shall prepare a Guaranteed Maximum Price proposal for the Owner's review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Contractor's estimate of the Cost of the Work, including all costs and contingencies described in Section 2.4.1.4 and the Contractor's Fee. 2.4.1.2 To the extent that the Drawings and Specifications are anticipated to require further development, the Contractor shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall he incorporated by Change Order. 2.4.1.3 The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following; 2.4.1.3.1 A list of the Drawings and Specifications, including all Addenda thereto; 2.4.1.3.2 A list of the clarifications and assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.4.1.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; 2.4.1.3.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Contractor's Fee; 2.4.1.3.4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and 2,4.13.5 A date by which the Owner must accept the Guaranteed Maximum Price. 2,4.1.4 In preparing the Contractor's Guaranteed Maximum Price proposal, the Contractor shall include its contingency for the Contractor's exclusive use to cover various miscellaneous expenses, unknown minor costs, and various design and project omissions, ands gaps in the bid scopes, as well as those costs considered reimbursable as the Cost of the Work but not included in a Change Order, 2.4.1.5 The Contractor shall meet with the Owner to review the Guaranteed Maximum Price proposal. In the event that the Owner discovers any inconsistencies or inaccuracies in the information presented, it shad promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. 2.4.1.6 If the Owner notifies the Contractor that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective, Promptly thereafter, Owner and Contractor shall both sign the Guaranteed Maximum Price proposal (hereinafter, the "Executed Guaranteed Maximum Price Proposal"). The Executed Guaranteed Maximum Price Proposal shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. 2.4.1.7 The Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs. See Exhibit G. 2.4.1.8 The Owner shall authorize the Contractor at Owner's expense to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Executed Guaranteed Maximum Price Proposal, The Contractor shall notify the Owner of any inconsistencies between the Executed Guaranteed Maximum Price Proposal and the revised Drawings and Specifications, 2.4.1.9 The Contractor shall include in the Guaranteed Maximum Price all sales, consumer, use and similar taxes for the Work provided by the Contractor that are legally enacted, whether or not yet effective, at the time the Executed Guaranteed Maximum Price Proposal is executed, 2.4.2 Contract Sum, For the Contractor's performance of the Work as described in Section 2.3, the Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum is the Cost of the Work as defined in Section 2,4.4,1 plus the Contractor's Fee. See Exhibit U. 2,421 The Contractor's Fee; 10,12% of Direct Costs (consisting of 4.87% overhead, 4.25%. profit and 1°/0 insurance), See Exhibit U. 2,4.3 Guaranteed Maximum Price 2.4.3.1 The Contractor guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Executed Guaranteed Maximum Price Proposal, as it is amended from time to time. To the extent the Cost of the Work exceeds the Guaranteed Maximum Price; the Contractor shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner, To the extent the Cost of the Work is less than the Guaranteed Maximum Price, the Owner and the Contractor shall share in such savings on a 50150 basis. 2,4.3,2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents, and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents, 2,4.4 Costs to Be Reimbursed 2.4.4.1 The term "Cost of the Work" shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner, which shall not be unreasonably delayed or withheld. The Cost of the Work shall include only the items set forth in Sections 2.4.5 through 2.4.10 , See Exhibit U. 2.4.4.2 Where any cost is subject to the Owner's prior approval, the Contractor shall obtain this approval prior to incurring the cost. See Exhibit G. The parties shall endeavor to identify any such costs prior to executing the Executed Guaranteed Maximum Price Proposal. 2.4.5 Labor Costs 2.4.5.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner's prior approval, at off-site workshops. 2.4.5.2 Wages or salaries of the Contractor's supervisory and administrative personnel when engaged in the Scope of Work. 2.4.5.3 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 2.4.4,1 through 2.4.4. 2.4.5.4 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, with the Owner's prior approval. 2A6 Subcontract Costs. Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. 2.4.7 Costs of Materials and Equipment Incorporated in the Completed Construction 2.4.7.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. 2.4.7.2 Costs of materials described in the preceding Section 2.4,7.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner's property at the completion of the Work or, at the Owner's option, shall be sold by the Contractor, Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work, less reasonable expenses of Contractor in completing such sales. 2.4.8 Costs of Other Materials and Equipment, Temporary Facilities and Related Items 2.4.8.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work, Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value, 2.4.8.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Contractor -owned item may not exceed the purchase price of any comparable item, Rates of Contractor -owned equipment and quantities of equipment shall be subject to the Owner's prior approval, which shall not be unreasonably withheld. 2.4.83 Costs of removal of debris from the site of the Work and its proper and legal disposal. 2.4.8.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. 2.4.8.5 That portion of the reasonable expenses of the Contractor's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. 2.4.8.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval, which shall not be unreasonably withheld. 2.49 Miscellaneous Costs 2.4.9.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverage's required by the Contract Documents, with the Owner's prior approval. 2.4,9.2 Sales, use or similar taxes imposed by a governmental authority that are related to the Work and for which the Contractor is liable. The City will provide a tax exempt certificate to the Contractor. 2.4.9.3 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay, 2.4.9.4 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work. 2,4,9.5 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner's consent, which shall not be unreasonably withheld. However, such costs of legal defenses, judgments and settlements shall not initially be included in the calculation of the Contractor's Fee or subject to the Guaranteed Maximum Price, 2.4.9.6 Costs for electronic equipment and software, directly related to the Work with the Owner's prior approval, which shall not be unreasonably witbbeld. 2.4.9.7 Deposits lost for causes other than the Contractor's negligence or failure to fulfill a specific responsibility in the Contract Documents, 2.49.8 Subject to the Owner's prior approval, which shall not be unreasonably withheld, expenses incurred in accordance with the Contractor's standard written personnel policy for relocation and temporary living allowances of the Contractor's personnel required for the Work, 2.4,14 Other Costs and Emergencies 2.4.10.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner, 2.4.10.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. 2,4,10,3 Costs as provided in Section 2.4.1.4 and of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors or suppliers, to the extent that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others, 2.4.11 Costs Not To Be Reimbursed 2.4.11.1 The Cost of the Work shall not include the items listed below; 2.4.11. 1.1 Salaries and other compensation of the Contractor's personnel stationed at the Contractor's principal office or offices other than the site office, but subject to the provisions of Section 2.4.5.2; 2.4.11.1.2 Expenses of the Contractor's principal office and offices other than the site office; 2.4.11.1.3 Overhead and general expenses, except as may be expressly included in Sections 2.4.5 to 2.4.10; 2.4.11.1.4 The Contractor's capital expenses, including interest on the Contractor's capital employed for the Work; 2.4.11.1.5 Costs due to the negligence or failure of the Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; 2.4.1 l .l.b Any cost not specifically and expressly described in Sections 2.4.5 to 2.4. 10 unless such costs are actual costs required to complete the Work and approved in writing by Owner; 2.4. l t. 1.7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and 2.4.11.1.8 Costs for services incurred during the Scoping and Design Phases other than those approved in writing in advance by Owner. 2.4.12 Accounting Records. The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner in the Owner's reasonable discretion. The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit and copy, at the Owner's expense, the Contractor's records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor's proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. 2.4.13 Summary of Definitions regarding financial components. 2.4.13.1 Budget Items: Construction element or task that was bid out and subsequently contracted with a sub -trade supplier. 2.4.13.2 Allowance Items: Construction element or task that is anticipated, but not contracted with a sub - trade supplier, Amount of the allowance can be designated by (a) estimation, or (b) as a result of a RFP. 2.4.13.3 Contingency Items: a Construction element or task that is unintentionally omitted from the RFP process, but still required as part of the Scope. b Modification to an originally budgeted or anticipated construction element or task, as a result of local permitting, or code enforcement modifications. c Modification to an originally budgeted construction element or task, as a result of commodity pricing or component availability. d Contingency dollars could be used to cover "net overages" of Allowance Items. e Construction element or task that results in an immaterial deviation from the contracted (a) Proposal, (b) Drawings, (c) Plans, or (d) Specifications AND (e) deemed to be "in scope". 2.4.13.4 Change Order Items: Construction item or element that is a material deviation from the contracted (a) Proposal, (b) Drawings, (c) Plans, or (d) Specifications, AND (e) deemed to be "in scope" or "out of scope". OWNER'S RESPONSIBLLITIES 3.1 Owner's Responsibilities During Scoping Phase 3.1.1 The Owner shall provide the following to the Contractor: 3.1.1.1 Information regarding legal limitations, together with all infonnation in the possession of the Owner regarding environmental, soil and subsurface conditions at the Site. The Contractor will take all reasonable and prudent steps necessary to locate utility facilities as required for the Project. 3,1.1,2 A program and other relevant information describing the Owner's Project objectives, constraints and requirements, including the Project budget and completion requirements. 3.1.1.3 To the extent it is not within the Contractor's Scope of Work or the responsibility of the Contractor in Sections 4.6 and 4.7, Owner shall secure and pay for necessary easements and governmental approvals for the construction, use or occupancy of the Project, including legal services required therefor. 3.1.1.4 Promptly respond to Contractors' inquiries and requested approvals as necessitated during the Scoping Phase. 3.1.2 The information and services required by Paragraph 3. 1.1 shall be furnished with reasonable promptness at the Owner's expense, and the Contractor shall be entitled to rely on their completeness and accuracy. 3.2 Owner's Responsibilities During Design Phase 3.2.1 The Owner shall review (i) the Design Documents and other information furnished by the Contractor during the Design Phase as set forth under Section 2.2, and (ii) the Guaranteed Maximum Price Proposal as set forth in Section 2.4.1, each within 5 business days of receipt by Owner. 3.3 Owner's Responsibilities During Construction Phase 3.3.1 The Owner shall at once report to the Contractor any errors, inconsistencies or omissions that the Owner discovers in the Construction Documents, Failure by the Owner to report to the Contractor any such errors, inconsistencies or omissions shall not relieve the Contractor of any of its responsibilities with respect to such errors, inconsistencies or omissions, 3.4 Legal. Requirements. The Owner shall furnish all legal and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. 3,5 Owner's Representative: Notwithstanding anything in this Contract to the Contrary, Contractor acknowledges and agrees that (i) Tim Gramling shall be Owner's representative for the administration of the Work (the "Owner's Representative"), (ii) no Change Order shall be deemed approved by Owner nor may Contractor have a claim for additional services unless a written change order has been executed and delivered by Owner's Representative, (iii) any work outside the scope of the Work set forth in this Contract and any properly executed Change Orders cannot be authorized by other representatives, agents, employees, officers, members or consultants, contractors of Owner (whether requested in writing or verbally by such other representative, agents, employees, officers, members, consultants or contractors). Owner's Representative shall be allowed (but not required to be) on the Site at all times, however, such shall not relieve or release Contractor from any of its obligations or responsibilities under this Contract. 4. CONTRACTOR'S RESPONSLBILITIES 4,1 Conduct of Services 4.1.1 Contractor represents and warrants to the Owner that Contractor is competent to perform and provide the services required by this Contract, and the Contractor has the necessary permits, licenses and qualifications to perform such services. When applicable law requires that services be performed by licensed professionals, the Contractor shall have those services provided through the performance of qualified persons or entities duly licensed to practice their professions, including but not limited to, lawfully licensed architects, engineers or other design professionals, Contractor shall exercise skill, care and diligence in the performance and provision of the Work required by this Contract. Contractor shall perform the services promptly and in conformity with the requirements of this Contract, and in this regard shall carry out its obligations under this Contract in accordance with customarily accepted practices. In the event that Contractor should fail to comply with any of the foregoing requirements or standards, Contractor shall perform at its own costs and without reimbursement from the Owner, the services necessary to correct deficiencies in the services or work which are so caused. Contractor's representations and warranties in this Section shall terminate at the times provided in Section 11.1. 4.1.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor's employees, architects, contractors, subcontractors, engineers, design professionals, and their agents and employees, and other persons or entities performing any portion of the obligations required to be completed by Contractor under the Contract Documents. 4.1.3 When requested, the Contractor shall obtain from each of the Contractor's professionals and furnish to the Owner certifications with respect to the documents and services provided by such professionals (a) that, to the best of their knowledge, information and belief, the documents or services to which such certifications relate (i) are consistent with the Contract Documents and the Design Documents, except to the extent specifically identified in such certificate, (ii) comply with applicable industry and professional practice standards, and (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications. 4.2 Project and Payment Schedule 4.2.1 The Construction Schedule 421.1 Contractor shall prepare and maintain a schedule (the "Construction Schedule") to meet the "Milestones" identified in the attached Exhibit H, as modified from time to time by the parties. The Construction Schedule shall accurately represent and reflect, to the best of Contractor's knowledge, experience and ability, the total time and monies required to complete each task and the progress of the Work relative to the Substantial Completion Date (as hereinafter defined). The Contractor shall promptly revise the Construction Schedule as the scope of the Project changes and report any revisions in the Construction Schedule to "Owner's Representative". 4,2,1,2 Time is of the essence of this Contract. In the event that the Contractor does not meet the Milestones for reasons other than Excusable Delay, Contractor shall, at its sole cost and expense, implement remedial actions that are reasonably necessary to achieve Contract compliance. In addition, in the event the Owner determines that the Work to achieve the Milestones has not progressed or reached the level of completion required by this Contract for reasons other than Excusable Delay, the Owner shall have the right at Owner's cost [through the use of Contractor's Contractual Contingency Fund]to order the Contractor to take corrective measures necessary to expedite the progress of the Work, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment and facilities, and (iii) other similar measures (collectively, the "Extraordinary Measures"). Such Extraordinary Measures shall continue until the progress of the Work complies with the Construction Schedule. The Owner's right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor's compliance with the Construction Schedule, The Contractor shall not be entitled to an adjustment in the Contract Price or Construction Schedule (for reasons other than Excusable Delay) in connection with Extraordinary Measures required by the Owner under or pursuant to this paragraph unless this Contract otherwise expressly permits the same and Owner may exercise the rights furnished the Owner under or pursuant to this paragraph as frequently as the Owner deems necessary to ensure that the Contractor's performance of the Work will comply with any Milestone date or completion date set forth in the Construction Schedule. 4.2.2 Substantial Completion 4.2.2,1 As used in this Contract, the term "Substantial Completion" or "Substantially Completed" shall mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents and verified by both Owner and Contractor, in order that the Owner can occupy or utilize the Project for its intended use. 4.2,2.2 The Work to be performed under this Contract shall be Substantially Completed as soon as reasonably practical but in no event later than TBD (the "Substantial Completion Date"). The Substantial Completion Date may be modified by the parties as provided in Section 6.2 or 12.1. In the event that Contractor completes the Work 30 days prior to the last date which can constitute the Substantial Completion Date as modified by the mutual agreement of the parties (the "incentive Date"), then Owner shall award Contractor $500 for each such day that the Work is completed to Substantial Completion prior to the Incentive Date. The maximum bonus amount under this provision shall be $15,000. V 4.2.3 Certificate of Substantial Completion 4.2.3.1 When the Contractor considers the Work to be substantially complete, the Contractor shall provide written notice to Owner. See Exhibit I. Promptly following Owner's receipt of such notice, Contractor and Owner's Representative shall meet at the Site, inspect the Work and review test results if any, in order for the Owner to determine whether the Work is substantially complete. Contractor and Owner's Representative shall also complete a comprehensive list of all items to be completed or corrected (the "Punchlist") by the Contractor. Failure to include an item on the Punchlist shall not alter the Contractor's responsibility to complete all Work in accordance with this Contract. Contractor shall commence with the correction and/or completion of any item on the Punchlist immediately thereafter. If the items set forth on the Punchlist are not corrected within the agreed upon timeframe as agreed to in writing by Owner and Contractor, Owner shall have the right to hire an independent contractor to complete the work on Contractor's behalf and shall have the right to deduct the direct costs of such work, including the cost of any supervision, from the Contractors Contractual Contingency Fund, Final Payment, or bill Contractor for such costs. If an item cannot reasonably be corrected within a fourteen (14) day timeframe, the reasons therefore shall be explained in writing on the Punchlist to Owner's reasonable satisfaction. The Punchlist shall in no way waive or alter any other rights of Owner under this Contract pertaining to warranties, latent defects, or otherwise. 4.2.3.2 When the Owner approves the Work as substantially complete, the Owner shall prepare a Certificate of Substantial Completion to be executed by Contractor and Owner establishing the date of Substantial Completion, and the time within which Contractor shall finish the Punchlist items accompanying the Certificate, See Exhibit J. The Punchlist shall be attached to the Certificate of Substantial Completion. Warranties required by this Contract shall commence on the date that the City of Cape Girardeau City Council accepts this project unless otherwise provided in the Certificate of Substantial Completion or in Section 11.1. 4.2.4 Certificate of Substantial Completion 4.2.4.1 Promptly following issuance of the Certificate of Substantial Completion, Contractor shall commence and complete all remaining Punchlist items as provided in the Certificate of Substantial Completion. 4,2.4.2 Upon completion of the Punchlist, the Contractor shall provide written notice to Owner and request an inspection by the Owner to determine whether the Project is "Commercially Operational." See Exhibit K. When the Owner determines that all Punchlist items are complete, it shall deem the Project "Commercially Operational," See Exhibit L. When the Project is Commercially Operational, Owner shall release the Retainage to Contractor as provided in Paragraph 7.3. 4,25 Delay Damages 4.2.5.1 Any delay by Contractor in performing its obligations under this Contract which is caused by an event beyond the reasonable control of the Contractor and which could not have been avoided by the Contractor without incurring additional cost through the use of work around plans including alternative sources or other means, constitutes an Excusable Delay. Events may include, but are not restricted to, riots, civil disturbances, actions or inactions of governmental authorities, provided Contractor has followed the provisions and timelines outlined by the authorities, delays in the granting of governmental and utility permits and approvals, provided Contractor has followed the provisions and timelines outlined by the authorities, epidemic, war, embargoes, severe weather, fire, earthquake, acts of God, or defaults by the other party. Excusable Delay shall also include such reasonable time following an event, including the time required to correct any damages and the time when Work cannot be completed due to unsuitable site conditions. Contractor shall give written notice to the Owner within seven (7) business days after the occurrence of the event that causes the Excusable Delay. See Exhibit M. The notice shall state the cause and circumstances of the delay and indicate the portion of the Work affected by the delay. Unless Contractor materially complies with the notice requirements set forth above, any delay that would otherwise constitute an Excusable Delay shall be deemed not to be an Excusable Delay. In the event of any such default, delay or failure to perform, any dates or times by which the Contractor otherwise is scheduled to perform shall be extended for a period of time equal in duration to the additional time required because of the excused default, delay or failure to perform and the parties shall increase the Cost of 10 �.- the Work and Guaranteed Maximum Price for any additional Work directly relating to the Excusable Delay as provided herein. 4,2,5.2 Except for Excusable Delays where the Contractor has given timely written notice to the Owner, Contractor shall pay to Owner the amount of $500 for each day after the date of Substantial Completion it takes Contractor to complete the Work. The maximum delay amount will be no greater than $15,000. This amount represents a reasonable estimate of the damages to be suffered by Owner as a result of such delay and is not a penalty. Owner may deduct the above amount and withhold the same as liquidated damages from payments due or owing to Contractor, Such liquidated damages shall only relate to delay damages attributable to the acts or omissions of Contractor and its subcontractors, sub -subcontractors and suppliers and shall not affect any other rights, remedies or damages that the Owner may be entitled to at law or in equity for Contractor's default under this Contract, Contractor hereby waives any defense as to the validity of any liquidated damages stated in this Contract as they may appear on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. 4.3 Pro'ect Meetings 4.3.1 Contractor shall schedule and conduct periodic meetings in person or via telephone conference or online meetings as reasonably determined by Contractor that can be attended by the Owner's Representative, the "Contractor's Representative" (hereinafter defined), relevant subcontractors, relevant material suppliers, and other relevant parties. Such meetings shall serve as a forum for the exchange of information concerning the Project and review of the Construction Schedule, and may include verification that any Milestones have been met and that payment for achievement of the Milestone(s) is or may be due. Contractor shall prepare and distribute in advance an agenda for each meeting and shall record, transcribe and distribute minutes to all attendees for such meetings. 4.4 Materials and En ing eering, etc. 4.4.1 Contractor warrants to Owner that materials and equipment that Contractor furnishes under this Contract are to Contractor's knowledge, information and belief, of good quality and new, except as otherwise expressly required or permitted by this Contract or approved by Owner, that the Work will be free from material defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract, Work not conforming to these requirements, including substitutions not properly approved or authorized by the Owner, shall be considered defective. Cure of such defect shall be by correction or replacement of the Work, at the Contractor's cost. if required by Owner, Contractor shall supply satisfactory evidence as to the kind and quality of materials and equipment. 4.4.2 The Contractor agrees that all materials incorporated by it during the Work and all materials delivered by it for incorporation in the Project shall be free of any and all liens, claims, chattel mortgages, security interests, and conditional sales agreements of third parties, that any monies it shall receive in payment for Work performed under this Contract shall be received in trust and used to discharge its financial obligations with respect to the Work, that it will not file or cause to be filed any mechanic's lien for materials furnished or to be furnished and/or for labor performed or to be performed unless default shall first have been made by Owner in making a payment under this Contract and ten (10) days prior written notice of such default shall have been given to Owner, that if any subcontractor or any materialman or anyone claiming by or through such subcontractor or materialman shall file or cause to be filed any lien, Contractor will upon notice from Owner, cause such lien to be canceled and discharged (by payment, bonding or otherwise) within ten (10) days from such notice; and in the event of Contractor's failure to observe any of the foregoing, Owner shall have the right to cause such lien to be canceled and the cost thereof, including the premiums upon any bond fumished for such cancellation and discharge and reasonable attorneys fees and disbursements, shall be paid by Contractor or at the option of Owner shall be deducted from any payment then due or thereafter becoming due from Owner to Contractor. Nothing contained in the preceding sentence or otherwise in this Contract shall be deemed to create a relationship between Owner and Contractor other than that of Owner and independent contractor. Said right shall be cumulative and shall be in addition to any and all other rights and remedies herein or otherwise by law given to Owner. Upon receipt of evidence of Contractor's default hereunder with respect to its obligations to make payments to its subcontractors and suppliers after Owner has made payment to Contractor with respect to same , Owner reserves the right (but not the obligation) to, after three (3) business days prior written notice, retain any money due Contractor and pay directly for labor, materials, equipment, tools, plant, facilities, services and all other obligations of Contractor and to deduct the amount of any such direct payments from any payments or amounts then due or thereafter to become due to Contractor, 4.5 Supervision of the Work 4.5.1 Contractor's Representative: Owner acknowledges and agrees that Ray Eriks shall be Contractor's representatives for the Project (the "Contractor's Representative"). Prior to the commencement of the Work, Contractor shall provide to Owner Contractor's address, office and mobile telephone numbers, and other contact information for Contractor's Representative. Any changes to such information shall be provided in advance to Owner. Contractor's Representative (or Contractor's site manager) shall be in attendance at the Project site during the performance of the Work, accessible to the Owner at all times, and shall at all times maintain good discipline and order with its employees, subcontractors, suppliers, materialmen, and laborers. Contractor's Representative shall not be replaced or reassigned to any other project prior to the Substantial Completion Date without Owner's prior written consent. Contractor shall supplement its staff with whatever additional supervisory personnel are reasonably required to assure that the Work shall be finished by the Substantial Completion Date. 4.5.2 Changes to Supervisory Authority: Neither Contractor's Representative nor Owner's Representative shall be changed without five (5) business days' written notice to the other party, 4.6 Compliance witb Laws 4.6.1 Contractor shall comply with all laws, ordinances, rules, regulations and lawful orders of public authority as bearing on the performance of the Work. The Contractor shall confirm that any information in the drawings and specifications portion of the Contract Documents provided by Contractor complies with applicable laws, regulations and codes and the Contractor shall immediately notify Owner in writing if said drawings and specifications are observed to be at variance with such laws, ordinances, rules, regulations and lawful orders of any public authority. In the event that a specific requirement of the Contract Documents conflicts with applicable laws, regulations and codes, the Contractor shall furnish Work which complies with such laws, regulations and codes. 4.7 Permits and Licenses 4.7.1 Upon the Owner's approval of the Design Documents, the Contractor shall make application for such permits and licenses as have been identified by Contractor as necessary for the design and/or construction of the Project. Owner and Contractor shall agree on which party has responsibility for obtaining the licenses and permits. See Exhibit N. The responsible party shall work diligently and continuously to obtain same. The cost for all such permits and licenses shall be paid as provided on Exhibit N. In the event all necessary permits and licenses are not obtained within a time to be agreed to by the parties, Owner shall have the right to terminate this Contract upon written notice to Contractor, whereupon this Contract shall be terminated and the parties released of all further obligations each to the other, except as otherwise expressly set forth herein, and with Owner paying Contractor such prorated Fees and other costs which have occurred or accrued up to the date of termination. Immediately upon receipt of valid permits, Contractor shall provide copies to Owner. 4.8 Job Site Safety/Hazardous Materials 4.8.I Job -Site Safe /Control of Work: Contractor shall use best efforts to maintain and protect the Work from damage and the elements and shall protect and take all reasonable precautions to protect Owner, the Project, any third party and the property of any third party from injury or loss during the course of the Work. 4.8.2 Contractor shall comply with all applicable rules and regulations of any public authority having jurisdiction for the safety of persons or property. Contractor shall erect and maintain as required by existing conditions and progress of the Work all reasonable safeguards for safety and protection, including posting danger signs, promoting safety regulations and notifying Owner and users of adjacent utilities and properties. The Contractor shall promptly report in writing to the Owner all accidents arising out of or in connection with the Work that cause death, personal injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries, or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Owner's Representative. 4.8.3 If the severity of the elements makes it impossible to continue operations in a safe manner in spite of all reasonable precautions, Contractor shall cease work and immediately notify Owner. Anything damaged due to Contractor's negligence shall be promptly removed and replaced with new work at Contractor's cost and expense. 12 4.8.4 Contractor shall keep the Project and surrounding area free from accumulation of debris or rubbish. At the completion of the Work, Contractor shall remove all waste materials, rubbish, tools, construction equipment, machinery and surplus materials not sold at the request of the Owner from the Project. 4.8.5 Disposal of Hazardous Samples/Materials and Contaminated Equipment: All samples and materials produced in the course of Contractor's work pursuant to this Contract containing or potentially containing hazardous materials or constituents are the property and responsibility of Owner and shall be returned to Owner for proper disposal All laboratory and field equipment that cannot readily and adequately be cleansed of its hazardous contaminants shall be the property and responsibility of Owner, All such equipment shall be charged and turned over to Owner for proper disposal. Alternate arrangements to turn such equipment, materials and/or samples directly over to a licensed hazardous waste disposal facility may be made at Owner's direction and expense. The parties acknowledge and agree that Contractor is not, and has no responsibility as, a bandler, generator, operator, treater, stover, transporter, or disposer or hazardous or toxic substances, waste or materials found or identified at the site. Owner shall accept responsibility for the removal and offsite disposal of any such hazardous materials. This provision does not apply if such hazardous materials, samples, or contaminated equipment is transported to the site by the Contractor or that is a result of the Contractors negligent or unauthorized actions, 4.8.6 Notification of Hazardous Materials: Owner hereby warrants that, if it knows or has any reason to assume or suspect that hazardous materials may exist at the project site, it has so informed Contractor. Owner shall furnish to Contractor all documents and information known to Owner that relate to the identity, location, quantity, nature or characteristics of any hazardous materials or suspected hazardous materials, on or under the site. 4.8.7 Differing Site Conditions. If the Contractor encounters conditions at the Project site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract, the Contractor shall promptly provide written notice to the Owner before conditions are further disturbed. Contractor shall not be required to perform any work relating to the condition after providing writing notice to Owner without the written mutual agreement of the parties. The Owner will promptly investigate such conditions and, if the Owner reasonably determines that the conditions differ materially and cause an increase or decrease in the Contractor's cost of, or time required for, performance of any part of the Work, will issue a Change Order adjusting the Contract Price and/or the Contract Period. If the Owner determines that the conditions at the site are not materially different and that no change in the terms of the Contract is justified, the Owner will notify the Contractor in writing; provided, however, that the Contract Period will be extended for a period of time equal to the time from when Owner receives Contractor's written notice as provided in this Subsection and to the time Owner makes its determination as provided herein. If Contractor disputes the Owner's determination, it may proceed as provided in Section 12.1. 5. SUBCONTRACTORS 5.1 Definitions. A subcontractor is a person or entity who has a direct contract with the Contractor, to perform a portion of the Work at the Site. A sub -subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the Site, 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 As soon as practicable after award of this Contract, the Contractor shall furnish in writing to the Owner the names of subcontractors (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. The Owner may reply within 5 days to the Contractor in writing stating (1) whether the Owner has reasonable objection to any such proposed person or entity or (2) that the Owner requires additional time for review, Failure of the Owner to reply within the 5 day period shall constitute acceptance by the Owner of the subcontractors. 5.2.2 The Contractor shall not contract with a proposed person or entity to which the Owner has made reasonable and timely objection. 5.2.3 If the Owner has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner has no reasonable objection. The Project Construction 13 Schedule shall be adjusted to the extent of any delay by Owner in objecting to a person or entity proposed by the Contractor and, in this regard, any such Owner delay will also be an Excusable Delay. 5.2.4 The Contractor shall not substitute a person or entity previously selected if the Owner makes reasonable objection to such substitution. 5.2.5 If the proposed but rejected subcontractor was reasonably capable of performing the Work, the Contract Price may be increased or decreased by the difference, if any, occasioned by such change with an appropriate Change Order to be issued before commencement of work by the subcontractor, 5.2.6 The Owner has preferred relationships with specific vendors (the "Preferred Vendors") and reserves the right to require that the Contractor use the Preferred Vendors for certain portions of the Work. If the Owner chooses to exercise this right, it shall identify the name and contact information for any Preferred Vendors and a description of the scope of the Work that such Preferred Vendors will perform in Exhibit A hereto (the Scope of Work). After execution of this Contract, the Contractor shall promptly execute written subcontracts with any Preferred Vendors for such work identified in Exhibit A. With respect to each Preferred Vendor, (i) Owner shall pay for any reasonable additional costs in contracting with a Preferred Vendor in lieu of another person or entity proposed by Contractor, and (ii) notwithstanding anything to the contrary in this Contract, Contractor shall not be responsible for any negligence, delay, poor performance, or non-performance by a Preferred Vendor in such Preferred Vendor working to complete and/or completing its work for the Project. 5.3 Subcontractual Relations. By appropriate written agreement, the Contractor shall require each subcontractor, to the extent of the. Work to be performed by the subcontractor, to be bound to the Contractor by terms of this Contract, and to assume toward the Contractor all the obligations and responsibilities, subject to Section 10.4, including the responsibility for safety of the subcontractor's Work, which the Contractor, by this Contract, assumes toward the Owner and, as applicable, the Owner, by this Contract, assumes toward the Contractor. Each subcontract agreement shall preserve and protect the rights of the Owner and Contractor under this Contract with respect to the Work to be performed by the subcontractor so that subcontracting thereof will not prejudice such rights, The Owner and Contractor shall require each of their respective subcontractors to enter into similar agreements with sub - subcontractors. The Contractor, shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement, copies of the Contract to which the subcontractor will be bound, and, upon written request of the subcontractor, identify to the subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with this Contract. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed sub -subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that: 5.4.1.1 assignment is effective only after termination of this Contract by the Owner for cause pursuant to Section 3.3 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and 5.4.1.2 assignment is subject to the prior rights of the surety, if any, obligated under bond relating to this Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor's rights and obligations under the subcontract. 5.4.2 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. 5.5 Owner's Right to Perform Construction and to Award Separate Contracts 5.5.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner's own forces and to award separate contracts in connection with other portions of the Project or other construction or operations on the site. The term "separate contractor" shall mean any contractor retained by the Owner pursuant to this Section. The Contractor shall cooperate with the Owner and separate contractors whose work might interfere with the Contractor's Work. if the Contractor claims that delay or additional cost 14 is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Section 12.1. 5.5.2 The Contractor shall provide for coordination of the activities of the Owner's own forces and of each separate contractor with the work of the Contractor. The Owner shall ensure that its own forces and its separate contractors cooperate with the Contractor in such coordination. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules as is necessary for coordination of the Project. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement with the Owner. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6. CHANGES 6.1 Changes to Work by Owner, Owner shall have the right to make changes to the Work, without invalidating this Contract. All such changes shall be performed under the conditions of this Contract, except that no extra work or modification shall be done without prior written authorization from Owner's Representative, and shall not be paid for without a written Change Order from Owner's Representative in accordance with this Section 6 ("Change Order"). A form for the issuance of a Change Order is attached as Exhibit O. In order for the Owner to manage and track Change Orders and their impact on the total cost of the Work, Contractor must provide to the Owner prior to the issuance of a Change Order a cost breakdown for the item of extra work and a reference to the corresponding Milestone for which the work will be done as referenced in the Construction Schedule. Any Change Order which decreases the Work shall inure to the benefit of Owner and the Contract Price shall be reduced by the actual cost savings to Contractor. If a Change Order increases the cost of the Work then the Contract Sum and Guaranteed Maximum Price shall be increased accordingly. Notwithstanding anything to the contrary in this Contract, if the Owner decides to increase or decrease the Work or otherwise alter the Work by deductions or additions, including without limitation the elimination of any one or more of the items as provided in the Contract, Contractor shall perform the Work as so altered and the Contract Sum and Guaranteed Maximum Price shall be reasonably increased or decreased accordingly. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract Price and the Construction Schedule. In this regard, on any Change Order which increases the Work, Owner shall include all direct costs for subcontractors and materials, plus a markup [to be negotiated]. In addition, if the Change Order would reasonably add time to the Project timeline, Owner shall include all reasonable costs of Contractor for the additional days of field supervision and all ancillary expenses required due to the extended Project timeline, 6.2 Change Order Required. Any extension of time for the completion of the Work as a result of a Change Order shall be agreed to by the parties and set forth within such Change Order, If the Work required under a Change Order would reasonably require an extension of time, then a reasonable time extension shall be given as a part of such Change Order. No order, statement or conduct of Owner or its representatives shall be treated as a Change Order, or entitle Contractor to an equitable adjustment in the Contract Price or extension of the Contract Period, unless pre -approved in. writing by Owner or Owner's Representative, Change Orders are intended to be all inclusive and exhaustive as to primary and foreseeable collateral conditions, situations and effect. Unless documented by a Change Order or written authorizations of Owner or Owner's Representative, any claims for additional work (other than Claims of Contractor as otherwise herein provided) performed by Contractor shall be deemed waived. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, shall be the basis of any claim to an increase in any amounts due under this Contract or a change in any time period provided for in this Contract. 6.3 Minor Changes. Owner shall have the authority to order (in writing) minor changes in the Work consistent with the intent of this Contract and not involving an adjustment in the Contract Sum or the Construction Schedule, but shall be paid by Owner from its contingency fund, See Exhibit P. In the event Contractor is unable to accommodate the change without initiating a Change Order. then Contractor shall notify Owner's Representative immediately and require direction. METHOD OF PAYMENT 7.1 Invoicing 15 7.1.1 Throughout the course of this Contract, Contractor shall invoice Owner monthly pursuant to a format agreed to by Owner, including without limitation the requirements set forth in Exhibit 0 attached hereto (an "Invoice"), 7.1.2 An initial payment $35,000 will be due to Contractor within 10 work days after the start of the construction phase of the project. This will be used to cover mobilization, estimating & initial subcontractor & material costs. All subsequent invoicing will take place in the third week of the month and will be based on progress and completion percentage. Invoices received by the Owner by the 20 of the month will be paid by the 10" of the immediate following month. 7.2 Monthly Progress Payments 7.2.1 Upon satisfactory progress of the Work and receipt by Owner, Owner's Representative and Owner's lender, if any, or its representative, if any, of an approved Invoice as defined in Section 7.1.1 including all supporting documentation described below, Owner will make monthly progress payments on this Contract as set forth in Section 7.23, except when in Owner's reasonable opinion it is necessary to withhold an amount to protect Owner from loss due to: 7.2.1.1 defective work of Contractor not remedied; 7.2.1.2 claims or liens filed on the Project as a result of Contractor's acts or omissions; 7.2.1.3 failure of Contractor to make payment promptly to subcontractors or material suppliers for labor, materials or equipment; 7.2.1.4 damage to Owner or another contractor as a result of Contractor's acts or omissions; 7.2.1.5 reasonable evidence that the Work will not be completed in accordance with the Construction Schedule as a result of Contractor's acts or omissions; or 7.2.1.6 a persistent failure by the Contractor to cavy out the Work in accordance with this Contract. 7.2.3 Supporting Documentation. In addition to other required items, each Invoice shall be accompanied by the following, all in form and substance reasonably satisfactory to Owner: 7.2.3.1 Documentation that the relevant portion of the Work performed by the Contractor or its subcontractors is complete and has been inspected for compliance with the Contract. 7.2.3.2 A duly executed and acknowledged Contractor's sworn statement (an "Affidavit of Payment"), See Exhibit R, showing all subcontractors with whom Contractor has entered into subcontracts, the amount of such subcontract, the amount requested for any subcontractor in the Invoice and the amount to be paid to Contractor from such progress payment, together with similar statements from all subcontractors and, where appropriate, from sub - subcontractors and suppliers of materials; 7.2.33 When reasonably available, duly executed waivers and releases of mechanics' and materialmen's liens from Contractor and such relevant subcontractors, suppliers or sub - subcontractors or suppliers who may have or claim to have valid lien rights in accordance with applicable law (and sub -subcontractors and suppliers of materials, to each tier), establishing payment or claim to have or satisfaction of the payment requested by Contractor in the Invoice, which at a minimum, shall comply with the requirements of the law. See Exhibit S. 7.2.4 Riaht to Full Compliance. If Owner elects to make any payment without receipt of all required supporting documentation, any such payment shall not be deemed a waiver of Owner's right to demand the required documentation and Owner shall have the right to insist upon full compliance with the requirements hereof as a condition to any and all future payments, 7.2.5 Inspection of Work in Place. Upon 24 hours written notice, Owner may from time to time inspect the progress and sufficiency of the Work in place at Contractor's place of business or such other locations where the Work is being manufactured or assembled. 16 { 7.2.6 Retainage. The Owner may withhold from each payment a sum representing 5% of the payment amount to the Contractor for the Contractor's work to be held as Retainage and payable as provided herein; provided that any such Retainages shall be reduced from said 5% to 2% when 95% or more of Contractor's or any subcontractor's work is complete and both Owner and Contractor are reasonably satisfied with such work, and provided further that no Retainage amounts from any subcontractor shall be withheld by Owner for longer than sixty (60) days following the date in which any such subcontractor's work is fully completed. 7.2.7 Timing of Monthly Progress Payments. Contractor shall submit monthly Invoices to Owner for payment of Work achieved for such month, including any Change Order. Owner shall pay the amount due within thirty (30) days after receipt of an original Invoice that complies with Section 7.1 and the satisfaction of all other requirements set forth in Section 7.2. Submission of an Invoice that complies with Section 7.1 and the reasonable satisfaction of all requirements set forth in Section 7,2 are conditions precedent to payment from the Owner to the Contractor. Additionally, if there is a dispute as to the amount due, Owner shall pay the undisputed portion of the Invoice and the parties shall cooperate in good faith to promptly resolve the dispute with respect to the unpaid amount. Owner may set off against any payment due to Contractor under this Contract, or any other agreement between the Owner Indemnified Parties (as hereinafter defined) and Contractor or its affiliates, any amounts that Owner spends or losses Owner incurs as a result of Contractor's uncured default as provided in Section 12.2.. 7.3 Final Payment 7.3.1 "Timing of Final Payment 7.3.1.1 Owner shall make the final payment (the "Final Payment") to the Contractor, including all Retainage, after the final acceptance of the project by the City of Cape Girardeau City Council. The City staff will submit the request for final payment, within thirty (30) days after! 1) the Owner deems the Project Commercially Operational as set forth in Section 4.24.2, 2) receipt of a final Invoice that complies with Sections TI and 7,2; and 3) the satisfaction of all other requirements set forth in Section 7.3.4. Each of these three requirements are conditions precedent to Final Payment. Additionally, if there is a dispute as to the amount due, Owner shall pay the undisputed portion of the Final Payment and the parties shall cooperate in good faith to promptly resolve the dispute with respect to the unpaid amount. Owner may set off against any payment due to Contractor under this Contract, or any other agreement between the Owner Indemnified Parties (as hereinafter defined) and Contractor and its affiliates, any amounts that Owner spends or losses Owner incurs as a result of Contractor's uncured default under Section 12.2 of this Contract or any other agreement with Owner. Contractor's obligation to indemnify or reimburse Owner under this Section shall survive termination of this Contract for a period of one (1) year. 7.3.1.2 In the event Contractor does not timely comply with any of the requirements set forth above for the Final Payment, Contractor agrees that Owner shall retain such relevant portion of the remainder of the Contract Sura directly related to the failed material requirement to protect Owner against any lien rights or claims, until such requirements for the Final Payment have been satisfied. 7.3.2 The Final Payment shall constitute a waiver of all claims by Contractor relating to the Work, but shall in no way relieve Contractor of liability for the obligations assumed under this Contract or for any faulty or defective work or services discovered after the Final Payment. Contractor shall include the terms of this Paragraph 7.3.2 in its agreement with all of its subcontractors and suppliers. 7.3.3 Payment by Owner to Contractor of any sums due pursuant to this Contract does not constitute or imply acceptance of any portion of the Work. 7.3.4 Prior to Final Payment, and as a condition precedent thereto, Contractor shall furnish Owner with the following: 7.3.4. I All operating, safety and maintenance manuals; 7.3.4.2 Marked sets of the construction documents reflecting "as built" conditions; including the location of any concealed utilities, mechanical or electrical systems and components; 17 7.3.4.3 An assignment and/or transfer of all guaranties and warranties from subcontractors, vendors, suppliers and manufacturers; 7.3.4.4 A list of the names, addresses and phone numbers of all subcontractors and other persons providing guaranties or warranties, 7.3.4.5 An Affidavit of Payment and a duly executed Final Payment Certification, Release and Lien Waiver (see Exhibit T) from all of Contractor's subcontractors, suppliers or sub -tier subcontractors or suppliers who may have or claim to have valid lien rights in accordance with the law; 7.3.4.6 All permits, including, but not limited to, municipality controlled inspections, certificates of occupancy, certificates of completion or similar certification, all licenses and permits necessary for use, occupancy or maintenance of the Project; and 7.3.4.7 Certification of any other item or material and any other document reasonably requested by Owner, 7.4 Taxes 7.4.1 The rates or prices stated in this Contract have been prepared by Contractor and make provision for an amount relating to taxes or duties payable with respect to this Contract. Accordingly, any taxes, duties or other similar amounts eligible shall be paid by Contractor, but may be reimbursed by Owner as a Cost provided that Contractor has included such taxes in its Guaranteed Maximum Price proposal and in the Contract Sum pursuant to Section 2.4. The City will issue a tax exempt certificate for the Contractor to use for this project. l8 � 8. INDEMNITY AND LIMITATION OF LIABILITY 8.1 Indemnity from the Contractor. To the maximum extent permitted by law, Contractor agrees to save, indemnify, and hold harmless Owner and its affiliates, employees, officers, agents, successors and assigns (collectively, the "Owner Indemnified Parties") from and against any and all liability, claims, actions, losses, damages, costs, expenses, including reasonable attorneys' fees, or demands arising (i) from injuries or death of persons (Contractor's employees included) or damages to property related to this Contract, the Project or the Work, (ii) directly or indirectly out of an default of Contractor of the obligations herein undertaken, or (iii) directly or indirectly from the negligent performance of, or willful misconduct in performing, the Work by Contractor, including without limitation those arising in whole or in part by reason of any negligent act or omission of Contractor or any of its agents, employees, subcontractors or suppliers related to this Contract, the Project or the Work, save and except for that portion of any liability, claims, actions, loss, damages, costs, expenses or demands arising as a result of the negligence or willful misconduct of Owner Indemnified Parties, and will reimburse Owner Indemnified Parties for any loss, damages, costs and expenses, including reasonable attorneys' fees and litigation costs (including fees and expenses of consultants and/or expert witnesses), incurred by Owner Indemnified Parties in responding to all such claims, actions or demands. If requested by Owner, Contractor shall defend any such suits at the sole cost and expense of Contractor. 8.2 Indemnity from the Owner. To the maximum extent permitted by law, Owner agrees to save, indemnify, and hold harmless Contractor and its affiliates, employees, officers, agents, successors and assigns (collectively, the "Contractor Indemnified Parties") from and against any and all liability, claims, actions, losses, damages, costs, expenses, including reasonable attorneys' fees, or demands arising (i) from injuries or death of persons (Owner's employees included) or damages to property related to this Contract, the Project or related work, (ii) directly or indirectly out of default by Owner of the obligations herein undertaken, or (iii) directly or indirectly from negligent performance of, or willful misconduct in performing, any work performed by the Owner or it's agents or contractors (excluding Contractor), including without limitation those arising in whole or in part by reason of any negligent act or omission of Owner or any of its agents, employees, subcontractors or suppliers (excluding Contractor) related to this Contract, the Project or related work, save and except for that portion of any liability, claims, actions, loss, damages, costs, expenses or demands arising as a result of the negligence or willful misconduct of Contractor, and will reimburse Contractor for any loss, damages, costs and expenses, including reasonable attorneys' fees and litigation costs (including fees and expenses of consultants and/or expert witnesses), incurred by Contractor in responding to all such claims, actions or demands. If requested by Contractor, Owner shall defend any such suits at the sole cost and expense of Owner. Any owner liability shall be subject to the liability limits for political subdivisions set forth in Section 537.610 of the Revised Statutes of Missouri (the "Statutes"), and shall be paid solely from the proceeds of the City's liability insurance covering that occurrence, 8.3 Limitation of Contractor's Liability. CONTRACTOR'S LIABILITY TO OWNER FOR ANY CLAIM, ACTION, OR DEMAND, ARISING FROM OR RELATING TO THIS CONTRACT OR THE PERFORMANCE HEREOF, UNDER ANY LEGAL THEORY, WHETHER IN CONTRACT, TORT, INDEMNITY OR OTHERWISE, SHALL NOT EXCEED THE LIMITS OF INSURANCE COVERAGE WHICH ARE SET FORTH IN SECTION 10.1. THIS LIMITATION OF LIABILITY SHALL NOT APPLY FOR WILLFUL, FRAUDULENT OR GROSSLY NEGLIGENT ACTS OF CONTRACTOR OR ITS AGENTS. THIS LIMITATION OF LIABILITY ESTABLISHES ONLY THE MAXIMUM AMOUNT OF CONTRACTOR'S LIABILITY PER CLAIM, ACTION OR DEMAND, IS NOT AN AGGREGATE LIMIT OF CONTRACTOR'S TOTAL LIABILITY TO OWNER UNDER THIS CONTRACT, AND IS NOT DEPENDENT UPON WHETHER COVERAGE EXISTS IN WHOLE OR IN PART FOR ANY LOSS OR LIABILITY UNDER ANY POLICY. 9. RECORDS 9.1 Retention. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract. Contractor shall also keep all documents associated with the Work and the performance of this Contract. Owner shall be afforded prompt access to, and shall be permitted to copy, Contractor's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, invoices, vouchers, memoranda and other data relating to this Contract, and Contractor shall preserve these for a period of three years after Final Payment, or for such longer period as may be required by law. In the event that any portion of the compensation to be paid to Contractor is to be paid on a time and materials basis or a cost reimbursement basis, Owner may audit Contractor's records to determine whether Contractor has properly invoiced Owner for the Work performed. 9,2 Ownership of Intellectual Property. Owner and Contractor each shall be deemed the owner of the design and engineering for the Project and each shall retain all common law, statutory and other reserved rights, including copyrights. Owner and Contractor may each use the design and engineering developed pursuant to this Contract on other projects without the consent of the other. Owner and Contractor shall not divulge or use such technical 19 � ,. information, inventions, or confidential information received from the other except as necessary to perform, maintain or repair the Work. 10. INSURANCE AND BONDS 10.1 Contractor agrees at all times during this Contract to maintain in full -force and effect at least the following insurance coverages; Workers' Compensation Coverage A Statutory Coverage B - Employers Liability $1,000,000 each Bodily Injury by Accident $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each occurrence Bodily Injury by Disease Automobile Liability Bodily Injury/Property Damage $2,000,000 Combined - Single Limit Coverage is to apply to all owned, non -owned, hued and leased vehicles Commercial General Liability Bodily Injury/Property Damage Combined - Single Limit Excess/Umbrella Liability Bodily Injury/Property Damage ProfessionalLlability/Errors & Omissions Insurance "claims made" coverage $1,000,000 each occurrence $2,000,000 general aggregate $1,000,000 products/completed operations aggregate $8,000,000 each occurrence and general aggregate $1,000,000 per occurrence 10.2 All such insurance policies will be primary without the right of contribution from any other insurance coverage maintained by Owner, Owner and its affiliates shall be shown as an additional insured on all policies except the Workers' Compensation policies. The fact that insurance is obtained by Contractor shall not release or diminish the liability of Contractor, including liability under the indemnity provisions of this Contract. Contractor agrees to waive any and all rights of subrogation it may have against Owner by virtue of any claims that may arise as a result of the Work, and Contractor also agrees to obtain a waiver of subrogation in favor of Owner from its insurance carrier(s). 10.3 All policies required herein shall be written by insurance carriers with a rating of A.M. Bests of at least "A-" and a financial size category of at least VIII. Insurance certificates evidencing the above requirements shall be furnished by Contractor to Owner before commencing the Work and provide for not less than 30 days prior notice to Owner of any cancellation or non -renewal of the policies. In addition, the following requirements apply; 10.3.1 The Commercial General Liability policy must include Contractual Liability coverage specifically covering Contractor's Indemnification of Owner. 10.3.2 Any liability policy shall also contain a Cross Liability/Severability of Interests provision assuring that the acts of one insured do not affect the applicability of coverage to another insured, 10.4 Contractor will ensure that each Subcontractor obtains and maintains during the course of the Project insurance coverage which, in the reasonable judgment of Contractor, is sufficient to cover each Subcontractor's operations on the Project. 10,5 Performance, Payment, Other Bonds 10.5.1 Payment or Performance Bonds. If requested by Owner, Contractor will provide Owner with payment and performance bonds or such other bonds as Owner may request in an amount equal to the Contract Price naming Contractor as Obligor and Owner as Obligee and containing requirements in accordance with the terms of this Contract. Such bonds shall be on a form and with a surety company approved by Owner, The cost of the premium shall be paid by Contractor. 11. WARRANTIES 20 11.1 Contractor Warranty. Notwithstanding anything to the contrary in this Contract, Contractor warrants that all of the Work shall be done in a first class, workmanlike manner and in accordance with the Contract with new, quality materials and further warrants all work and materials against defects in the material or the workmanship for a period of one (1) year from the date of final acceptance of the City of Cape Girardeau City Council, unless stated otherwise in this Contract (the "Warranty Period"). With respect to the Design Documents and any portion of the Work performed by Licensed Professionals, the Contractor and Licensed Professionals warrant that they shall perform their services consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar locality under similar circumstances. The Contractor and Licensed Professionals shall perform their services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Within a reasonable time after written notice of the discovery of a defect or deviation, Contractor shall remedy and repair same and any damage to other work resulting therefrom in a manner that does not substantially interfere with Owner's operations. Notwithstanding anything to the contrary in this Contract, the Warranty Period for any and all materials warranties are limited to the terms of the warranty as provided by the manufacturer. 11.2 Warranty Deficiencies. Contractor agrees to meet with Owner at least fifteen (15), but not more than thirty (30), days prior to the expiration of one (1) year from the start date of the commencement of the warranty period for a warranty inspection of the Work. All warranty deficiencies not caused by Owner shall be noted and the list of deficiencies shall be given to Contractor. Contractor agrees to correct all such deficiencies to which Contractor reasonably accepts and agrees within thirty (30) days after the date of the meeting, If the deficiencies that Contractor accepts and agrees are not timely corrected, Owner may hire an independent contractor to do the work and shall be reimbursed promptly by Contractor for all costs thereof. If any deficiency that Contractor accepts and agrees cannot, with reasonable diligence, be corrected within thirty (30) days, Contractor agrees to set forth in writing a reasonable schedule for completion of the work. if the schedule is not met, Owner may immediately upon notice to Contractor, complete the work and be entitled to prompt reimbursement from Contractor for all costs thereof. 11.3 Subcontractor Warranties. Contractor shall cause all of the subcontractors and sub -subcontractors to execute and deliver to Owner upon completion of the Work a written warranty covering all work performed by such subcontractors and sub -subcontractors. Such warranty shall be for at least the same period of time as Contractor's warranty to the Owner and begin at the date of Substantial Completion or the date the warranted item was placed into service, whichever is earlier, unless the warranty is a materials warranty and, in such event, all materials warranties are limited to the terms of the warranty as provided by the manufacturer. All warranties included in or as part of the Project and supplied to Contractor shall be assigned to Owner. Those subcontractors required to supply warranties to Owner include, but are not limited to: electricians, welders, roofers, HVAC suppliers and installers. 12. CLAIMS, DEFAULT AND TERMINATION 12.1 Claims 12.1.1 A claim is a demand or assertion by Contractor seeking, as a matter of right, the payment of money, or an extension of time or other relief with respect to the terms of this Contract (hereinafter "Claim"). Written notice of a Claim for an increase in the Contract Price or for an extension of time must be given to Owner's Representative by Contractor within twenty (20)) calendar days after occurrence of the event giving rise to such Claim. Claims must be made by written notice which shall describe the claim with reasonable specificity. Failure to give notice in the manner and within the time specified in this paragraph shall constitute a waiver of the Claim by the Contractor, Contractor shall bear the burden and responsibility of substantiating Claims, Pending final resolution of a Claim, unless otherwise agreed to in writing by Owner, Contractor shall proceed diligently with performance of this Contract and Owner shall continue to make payments in accordance with this Contract. Claims not resolved between the parties shall be resolved by litigation as provided in Section 14, 12.2 Default 12.2.1 Default by Contractor. Should the Contractor (a) become insolvent or make an assignment for the benefit of creditors; (b) refuse or fail to supply enough properly skilled workers or proper materials; (c) refuse to diligently prosecute the Work; (d) fail to make payments to subcontractors for material or labor in accordance with the respective agreements between the Contractor and subcontractors through no act or omission of Owner; (e) disregard the law; and/or (f) breach or violate the terms, conditions, provisions or obligations of this Contract, Contractor shall be dee►ned in default of this Contract. 12.2.2 Remedies. If Contractor fails within ten (10) days after written notification of default from Owner to commence and continue satisfactory correction of the default with diligence and promptness until completion 21 �: (which may reasonably require greater than said ten (10) days to cure the default), then Owner, without prejudice, shall in its reasonable discretion have the right to exercise any and all legal and equitable remedies available including but not limited to: 12.2.2.1 supply workers, materials, equipment and facilities as Owner deems necessary for the completion of the Work or any part which Contractor has failed to complete or perform, and charge the reasonable cost, including reasonable overhead, profit, attorneys' fees, costs and expenses to Contractor; 12.2.2.2 contract with one or more additional contractors to perform such part of the Work as Owner determines will provide the most expeditious completion of the Work, and charge the reasonable cost to Contractor; 12,2,2.3 withhold any payments due or to become due Contractor pending corrective action in amounts reasonably sufficient to cover losses and compel performance to the extent required by and to the satisfaction of Owner; and/or 12.2.2.4 terminate this Contract. 12.2.3 Upon termination of this Contract, all Work in progress, including all design and engineering associated with the Work, shall become the property of Owner; provided, however, that this section shall be subject to the provisions of Section 9.2. Contractor shall immediately release all such Work in progress to Owner. Owner may also take possession of the Project site and of all materials and equipment (but specifically excluding all tools, materials, construction equipment and machinery thereon owned by Contractor) and may finish the Work by whatever reasonable method Owner deems expedient. Contractor shall not be entitled to receive further payment until the Work is Substantially Complete. If the unpaid balance of the Contract Price exceeds the cost of fully completing the Work, such excess shall be paid to Contractor, less ten percent (10%) which shall be retained by Owner. If after Owner exercises commercially acceptable efforts to ensure that the cost to not exceed the Contract Price, the Contractor shall pay the difference to the Owner within fifteen (15) days of receipt of a written demand for payment from the Owner. 12.3 Termination or Suspension 12.3.1 Without Cause, Owner may, without cause, order the Contractor, in writing, to suspend, delay, interrupt or terminate the Work in whole or in part for such period as the Owner may determine, In the event Owner suspends or terminates the Work under this Paragraph, Contractor shall be entitled to recover from the Owner, as its sole remedy, payment for the cost of the Work properly performed in connection with the suspended or terminated portion of the Work and related Contractor's Pee prior to the effective date of suspension or termination and for items properly and timely fabricated or partially fabricated off the Site including finished goods and work in progress of subcontractors and suppliers, delivered and stored in accordance with the Owner's instructions, as well as actual costs for demobilization, The Contractor hereby waives and forfeits all other claims for payment and damages for the uncompleted portion of the Work, including, without limitation, anticipated profits. The Owner shall be credited for (i) payments previously made to Contractor for the terminated portion of the Work, (ii) reasonable claims that the Owner has against the Contractor under the Contract, and (iii) the disposition value of the materials, supplies, equipment or other items that are to be disposed of by the Contractor that are part of the Contract Price. 12.3.2 Equipment and Subcontracts, Owner shall also pay Contractor fair compensation, either by purchase or rental at the election of Owner, for any equipment owned by Contractor that Contractor and Owner agree that Owner may retain. To the extent that Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), as provided in Section 5.4, Contractor shall, as a condition of receiving the payments referred to in this Contract, execute and deliver all such papers and take all such steps as Owner may require for the purpose of fully vesting in the Owner the rights and benefits of Contractor under such subcontracts or purchase orders. 12.3.3 Financial Responsibility of Contractor. At Owner's reasonable election Contractor shall furnish Owner (within five (5) business days of Owner requests as same are made from time to time) with information deemed necessary by Owner to show that Contractor is financially solvent and capable of fully performing under this Contract. If, in Owner's reasonable judgment, Contractor is determined not to be financially responsible or capable, then Owner may, by written notice, terminate this Contract without further obligation 22 �,,� to Contractor other than to pay Contractor only for the unpaid portion of the Work completed at the time of termination, 12.3,4 Owner Inspections and Right to Ston the Work. Owner's Representative or his delegate shall have the right to inspect the Work, whether at the Site or at the Contractor's or a subcontractor's facility, at any time during the course of the Work. Owner may reasonably reject any aspect of the Work which does not conform to the Contract. If Contractor fails to correct defective work or fails to supply materials or equipment in accordance with this Contract, Owner 3nay order Contractor to stop the Work until it is corrected and Contractor shall not be entitled to an extension for time. Owner also has the authority to stop the Work for the purpose of performing special inspections or testing of the Work. Should any work be found faulty as a result of special inspections or tests, Contractor shall repair the Work immediately and pay the fees for said inspections or tests and Owner and shall grant an appropriate extension of time to Contractor, Should the Work be satisfactory, Owner will bear such costs and will grant the appropriate extension of time to Contractor, 13. NOTICES 13.1 All notices to be delivered under this Contract shall be in writing, signed by the parties serving same and delivered personally or by registered or certified U,S. Mail postage prepaid, or by reputable private delivery service postage prepaid and providing a receipt to sender. Each such notice shall be deemed delivered upon actual delivery or refusal or forty-eight (48) hours after mailing whichever is earlier to the pertinent address as set forth below, Notices shall be addressed as follows: To Owner: City of Cape Girardeau 2007 Southern Expressway Cape Girardeau, MO 63701 Attention: Tim Gramling To Contractor: Cambridge Companies, Inc. 500 E Ridge Road Suite 202 Griffith, IN 46319 Attention: Ray Eriks 14. MISCELLANEOUS PROVISIONS 14.1 This Contract is not assignable by Contractor without the prior written consent of Owner which consent shall not be unreasonably withheld, in its sole and absolute discretion, and Contractor shall not factor or pledge this Contract. Owner may assign this Contract, without the consent of Contractor, to its parent, affiliates, subsidiaries, and the affiliates or subsidiaries of Owner's parent or secured lenders, or to any party who succeeds to the Owner's interest in the Project, provided that the assignee is sufficiently capitalized. 14.2 No right or remedy conferred upon or reserved to a party in this Contract is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity. 14.3 In the event of any inconsistencies within or between parts of the Contract, including the Contract Documents, or between the Contract and applicable laws, the Contractor shall (i) provide the better quality or greater quantity of Work, or (ii) comply with the more stringent requirement; eitber or both in accordance with Owner's reasonable interpretation. 14.4 In the event any provision of this Contract is found to be invalid or unenforceable, the remainder of this Contract shall continue in full force and effect, 14.5 This Contract shall be governed by and construed in accordance with the laws of the State of Missouri. The parties irrevocably consent to the jurisdiction of the federal and state courts situated in the state where the Project is located and agree that any lawsuit arising out of or related to this Contract shall be brought only in such courts. The parties hereby waive any claim that any proceedings brought in such courts have been brought in an inconvenient forum, 14.6 Owner and Contractor hereby irrevocably waive any right to a trial by jury in any legal proceedings or to have a jury participate in resolving any disputes or claims, whether any such disputes or claims relate to or arise in contract, tort or 23 J otherwise, whether in respect to the Contract or any other documents or instruments delivered in connection with the Contract. 14.7 Contractor hereby warrants, and covenants that (i) Contractor does not and will not during the course of the Work discriminate against any employee or applicant for employment based on race, color, sex, national origin, religion, age handicap, or other unlawful basis, and (ii) Contractor and all of its subcontractors, consultants and suppliers are and will be properly licensed and permitted with all governmental authorities having jurisdiction. 14.8 The parties expressly agree that this Contract was jointly drafted, and they both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Contract shall be construed in a neutral manner. 14.9 Independent Contractors. The relationship of the parties shall be that of independent contractors. Nothing herein shall be construed as to creating a partnership or joint venture between the Owner and the Contractor or creating liability on the part of one party for any act or omission of the other, Contractor shall have entire charge, control, and supervision of the Work as set forth in this Contract, and Owner shall not in any manner be answerable or accountable for any violation of law, or for any injury or damage occasioned by Contractor's negligence, or of any in its employ, to any person or their properties. 14.10 Owner shall have the right to let other contracts in connection with the Work pursuant to the provisions of this Contract, and Contractor shall properly cooperate with any such other contractors in furtherance of the Work; however Contractor shall not be relieved hereunder by any subcontract or similar agreement for the Work which Contractor remains responsible, and provided further that Contractor shall not be responsible for the negligence, willful misconduct, or other acts or omissions of the third parties to which Owner lets other contracts in connection with the Work. 14.11 Payments due and unpaid to Owner or Contractor under this Contract for a period of thirty (30) days after written demand shall bear interest from the date payment was due at the rate of one percent (1%) per annum in excess of the Prime Rate. 14,12 The Owner represents and warrants to Contractor that Owner is financially solvent, able to pay its debts as they mature and is possessed of sufficient capital to perform its obligations hereunder. 14.13 Entire Agreement. This Contract represents the entire agreement between the parties and supersedes all prior or contemporaneous written or oral communications with regard to the Project. This Contract may be amended or modified only by an instrument in writing signed by a duly authorized representative of both Owner and Contractor, This Contract shall not be construed to create a contractual relationship of any kind between any persons or entities other than Owner and Contractor. Notwithstanding any other provision herein, all subcontracts shall be in writing and shall specifically provide that the Owner is an intended third party beneficiary of such subcontract. 14,14 Attorney's Fees, In the event of any controversy arising hereunder or relating to the interpretation or implementation of this Contract or any breach thereof, the prevailing party shall be entitled to payment for all reasonable costs and attorney's fees (both trial and appellate) incurred in connection therewith. 14.15 Severability. The invalidity, in whole or in part, of any provision of this Contract will not affect the validity of any other provision of this Contract. 14.16 Captions, The captions contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Contract or the intent of any provision contained in this Contract. 14.17 Counterparts. This Contract may be executed in one or more counterparts each of which shall be deemed an original and all of which shall be deemed one and the same agreement. 14.18 Waiver, The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Contract shall not be construed as a waiver of any future or continuing failure, whether similar or dissimilar thereto. Except as otherwise expressly provided herein, no waiver of any right shall be implied by any delay by a party in enforcing or acting under such right. Waivers shall be effective only if specifically set forth in writing signed by the party to be charged with such waiver. 14.19 This Contract is binding upon the parties, their heirs, successors and approved assignees. 24 11.20 Remedies Cumulative. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. IN WITNESS WHEREOF the parties hereto have, by and through their duly authorized officers in that regard, made and executed this Contract as of the date first written above. SIGNED and DELIVERED By: Owner Its: Date: 15582091_I5,DOC By: Con actor A i%• ` Date: [End of Signature Page] 25 EXHIBIT A 1-12 A '1 1, 1 " EXHIBIT B EXHIBIT C OWNER:. (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the "Project") DATE OF DESIGN DOCUMENTS: (the "Design Documents") The Contractor hereby verifies that it has submitted a complete set of Design Documents, stamped with the date listed above, for the Owner's review and approval pursuant to Section 2.2.1 of the Contract. The Contractor represents that to the best of its knowledge, information and belief the Design Documents: (i) are consistent with the Contract Documents, (ii) comply with applicable industry and professional practice standards, and (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and acknowledges (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations contained herein. The Owner hereby verifies that it has reviewed and approved the Design Documents submitted by the Contractor pursuant to Section 2.2.1 of the Contract and that the Design Documents comport with the Owner's Program, the intended scope of Work, and the parameters of the Project. By executing this approval, the Owner is not verifying that the Design Documents comply with the Contract Documents, industry and professional practice standards or applicable laws, ordinances, codes rules and regulations governing the Project, CONTRACTOR: PRINT NAME: PRINT TITLE: OWNER: PRINT NAME: PRINT TITLE: Date: Date: See attached design proposal dated December 19, 2014. Cape .' i Station Phase Prepared for Tim Gramling Cape Girardeau Public Works Prepared by Jeff Eriks Cambridge Companies, Inc 500 E. Ridge Road Griffith, 1N 46319 Tel: (219) 972-1155 Fax: (888) 352-8730 Jef€Eriks Gambrid eGalnc.com Submitted on December 19, 2014 Table of Contents I. PROJECT UNDERSTANDING................................................................ 1A. BASIC UNDERSTANDING ........................ . 1 B, GENERAL REQUIREMENTS ........................ ...................................................... 1C. PROJECTAPPROACH....................................................... 1 D. TOTAL PROJECT TIMELINE ................................. 2. SCOPE OF SERVICES........................................................................................................... 3 2A. DESIGN ............................. 2B. LOCAL PERMITS & UTILITIES .......................... 3 2C. STATE DNR ENVIRONMENTAL PERMITTING... 3. PROJECT SCHEDULE............................................................................................................................5 3A. DESIGN PHASE TIMELINE...................................................................... 3B. SITE VISITS AND MEETINGS ................................ 5 4. PROPOSAL BUDGET................................................................... 5. EXCLUSIONS ....................... �rref:;.�ateci 1�,� l;arr�briclge Cr.��ir�-���17ia;�, lrtc F' tye i of 7 I. PROJECT UNDERSTANDING 1A, BASIC UNDERSTANDING Cape Girardeau has the opportunity to construct a new transfer station to service their City, Cape Girardeau currently owns the parcel where the transfer station will be located. There is currently a site plan that has been completed in coordination with Public Works staff that is meant to define the areas for the transfer station. This site plan was created on December 12, 2014, 1 B. GENERAL REQUIREMENTS Cape Girardeau has requested Cambridge to supply a proposal to complete the design phase of the project. The general requirements of the design phase are as follows: ❑ Develop complete "for bid & permit" documents including the following: o Architectural Drawings o Mechanical/Electrical/Plumbing Drawings o Structural Drawings ❑ Complete the building permit process ❑ Work with a local civil engineer under contract with Cambridge to develop complete civil documents including, but not limited to: o Site plans o Grading plans o Utility plans o Landscape plans o Storm water management plans o Erosion control plans o Others as required by code or for permit issuance ❑ Complete the "for construction" documents based on the comments by the review authorities as well as by bidding subcontractors 1C. PROJECT APPROACH This project will need to be completed in three phases. ❑ Scoping Phase (Completed) ❑ Design/Permitting Phase This phase will include the complete design documents as well as all the MODNR and local permitting required prior to construction commencing ❑ Construction Phase (Completed under a future proposal? This phase will include the construction administration, RFI and submittals, and close-out phase of the project as well as the turnover of the building to Cape Girardeau for operation 1D. TOTAL PROJECT TIMELINE In regards to the complete project, we understand Cape Girardeau's timeline to be as follows: ❑ Design Phase — January 5, 2015 thru August 3, 2015 o This timeline assumes we are provided information in a timely manner and the coordination with the civil is streamlined. This timeline also does not include the permitting timeline as that is not yet defined. Cimrdmaif T,4 !?esr1 pr'r-,Pared by Gwribridge Cori-lp mies, inc L)oe(��1�ert1 VeC'sinn 1.7 — f_?ecernber 29. M lei Pago 2 or 7 m SCOPE OF SERVICES 2A. DESIGN 2a.1. Architectural Design Cambridge will take the previously completed floor plans and bring them to a point where they meet or exceed current building codes per the local municipality. The architectural drawings will include, but not be limited to, the following: Transfer Station 1. Architectural site plan 2. Floor plan 3. Reflected ceiling plan 4, Building sections 5. Building elevations 6. Finish schedules 7. Detail sheets 8. Specifications 2A.2. Structural Design Cambridge will employ the services of a licensed structural engineer to design the footings, slabs, piers and other required supporting structures in order to meet code, be cost effective to construct and serve the needs of Cape Girardeau long term. This will include items that help decrease the cost and impacts of long term maintenance and repairs of the facility. 2A.3. MPE Design Cambridge will employ the services of a licensed professional engineer to design the mechanical, plumbing and electrical systems in order to meet code, be cost effective to construct and serve the needs of Cape Girardeau for the long term. This will include items that help decrease the cost and impacts of long term maintenance and repairs of the facility. 2A.4. Soil Borings Cambridge has included funds for limited on-site soil borings to verify the site's suitability for the proposed construction.. 2A.6. Civil Engineering Cambridge will hire a local civil engineer to prepare the necessary Civil Engineering documents including site plans, improvement and utility plans, storm water plans, etc, 2A.6. Metal Building Coordination During the design phase, it is critical that the metal building be developed in conjunction with the rest of the design. The metal building plays a key role in defining the structural and architectural parameters of the overall design and therefore needs to go through a several different phases which include: 1. Phase 1 -- Development of the RFP for the metal building and receipt of responses (1 weeks) 2. Phase 2 — Evaluation of the proposals from the (2-3) metal building companies (1 week) 3. Phase 3 — Selection of the supplier & award of contract (1 week) 4. Phase 4 — Request for preliminary reactions and anchor bolt locations (3 weeks) 5. Phase 5 — Request and review of "approval drawings" and coordination of necessary changes (6 weeks) 6. Phase 6 -- Request and review of "for bid and permit" documents and authorization by Cambridge to allow the building to go into fabrication (4 weeks) 7. Phase 7 — Request and review of "for construction" documents (Issued with metal building delivery) W'apai ed by (>mbridge Gorr panics, hx' l�ocurr'�er!'r ver:c;ior) 1.1 — Docerrbo� -2J, 2014 F,age 3 o1 7 This is a lengthy process that typically takes up to Supplier and their schedules. 98 weeks to complete based on the 2B. LOCAL PERMITS & UTILITIES 2B.1. Building Permit Cambridge will coordinate with the local authorities and submit for building permit upon completion of the "for bid and permit" documents. During the review of the drawings, we will answer questions and Provide information as required to complete the process and will then complete the "for construction" drawings based on the feedback and modifications issued by the reviewer. No permit fees are included in this proposal. 2B.2. Utilities Cambridge will start the application process with the utilitycompanies to help ensure they get completed on time. Not utility, tap or application fees are included in this proposal. 2C. STATE DNR ENVIRONMENTAL PERMITTING 2C.7. Building Permit Cambridge will coordinate with Weaver -Boos who will be performing environmental permitting activities per their proposal dated December, 2094 in the amount of $63,275.50. �>1c:p�tt��c1 fey C,�,riiCu'idrftiJ C01r7,oarli„s, Irrc PROJECT SCHEDULE e 3A. DESIGN PHASE TIMELINE We have prepared an anticipated timeline for this phase of the project. Timeline summary for the design phase: Permit timelines would be in addition to this. 313. SITE VISITS AND MEETINGS In order to properly complete the design phase, we have figured on making 1 site visit to meet with the local team, permitting authorities and for other required meetings. Beyond those site visits, most subsequent meetings will be done on-line or via conference calls. It is possible that 1 more site visit will be needed to complete the utility or entitlement phase or to review the final "for bid and permit" documents with the local team in order to ensure the design proposed for the facility meets their expectations and needs. p+'epared by Cambridge Companies, lnc Doctly'rient I/ersiotl Y. -De cember29; 2D9<< PROPOSAL BUDGET Based on the information provided in this proposal, here is the proposed budget for this work: Preliminary Drawings & Coordination Architectural Design Structural Design MPE Design Civil Engineering & Coordination Metal Building Coordination Building Permit Process Utility Coordination Project Budget & Schedule Update Meetings & Project Coordination Estimated Reimbursable Expenses Travel & Misc. Design Proposal Environmental Permitting (Weaver -Boss) $ 19,500 $ 18,000 $ 15,000 $ 15,500 $ 45,555 $ 7,500 $ 6,500 $ 6,000 $ 4,386 $ 5,500 $ 2,500 $ 8,500 $ 149,941.00 $ 63,275.50 Design Proposal & Environmental Permitting $ 213,216.50 Reimbursable expenses will include postage, express mail fees, printing fees, etc and are estimated to be around $2,500 as noted above.63275.5/ This design proposal is based on the final floor plan developed for the transfer station facility. This proposal includes all time and fees to design the office building that is proposed. Any additional items not included above will be billed at the following rates: Principal $450 VP of Project Development $135 Construction Project Manager $95 Estimator $85 Contract Administrator $65 Architect $95 Design Project Manager $80 Architectural Drafter $60 jl1'E;�J;7fi'Ci 13ji {�cf171l1ii1�(fd (.'017"f�/FN;Ic?S. �1"fl' t�0-il))slli ti/�:i:i;ll7i i,7 L)ec"C):fel JC) 90J.( & EXCLUSIONS Exclusions and Clarifications We are assuming at this point that the following are not required for this project: ❑ Wetlands permitting ❑ All permit application fees and processing fees are excluded ❑ All off-site work, with regard to utilities, road, road cuts, traffic signals, etc., are excluded ❑ Any noise, traffic, or air studies are excluded ❑ No work regarding any type of environmental impact reports is included ❑ Any work regarding remediation of soils are excluded �:� r7A f-11T.=171i4�i11 T"' T)! --?"'10 p,epRrcclbyC,a+nt�rir.���r Corn��ariirrs, Irrc L�E7Curn�Ti VFrr,rorr 1,! C>e�.arir�a� 29. 20W Rige of EXHIBIT E Date; Cambridge Companies, Inc. 500 East Ridge Road Griffith, Indiana 46319 OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the "Project") Dear This is a Notice to Proceed with the Construction Phase for the above referenced project, effective as of the date of this letter, in accordance with Section 23,1 of the Contract. Please sign below and return this to me to acknowledge your receipt of this Notice. I am looking forward to a successful project. If you have any questions or comments, please feel free to contact me. Sincerely, OWNER'S REPRESENTATIVE RECEIVED: Date: CONTRACTOR PRINT NAME: PRINT TITLE: EXHIBIT F EXHIBTI' G Date: Cambridge Companies, Inc. 500 East Ridge Road Griffith, Indiana 46319 OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO. PROJECT: (the "Project") Dear Pursuant to Section 2.4.17 or 2.4.4.2 of the Contract, whichever is applicable, the Owner hereby authorizes Contractor to incur and to seek reimbursement from Owner as a Cost of the Work the reasonable costs of Sincerely, OWNER'S REPRESENTATIVE RECEIVED: Date: CONTRACTOR PRINT NAME: PRINT TITLE: C EXHIBIT H [SUIL, m Mil, m 111121 1PYH1R1'i' T Date: Cambridge Companies, Inc. 500 East Ridge Road Griffith, Indiana 46319 OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the "Project") Dear Pursuant to Section 4.2,11 of the Contract. Contractor hereby notifies Owner that to the best of Contractor's knowledge, information and belief, the Work of the Contract is Substantially Complete as provided in Section 4.2.2 of the Contract, and requests the Owner's Representative to meet Contractor at the Site, inspect the Work and review test results, if any, and develop a Punchlist, Sincerely, OWNER'S REPRESENTATIVE RECEIVED: Date: CONTRACTOR PRINT NAME: PRINT TITLE: EXHIBIT T OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROTECT: (the "Project") The Contractor hereby affirms that to the best of the Contractor's knowledge, information and belief, the Work perfonned under the Contract is substantially complete. Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents and verified by both Owner and Contractor, in order that the Owner can occupy or utilize the Project for its intended use. The date of Substantial Completion of the Project is the date of issuance established by this Certificate. The Owner hereby affirms that it has inspected the Work performed under the Contract and agrees that it is substantially complete in accordance with the Contract Documents such that the Owner can occupy or utilize the Project for its intended use. By executing this certificate, the Owner is not accepting the Work. The Owner has not inspected or tested the Work and the Owner makes no decisions or representations herein that the Work has been performed in a good or workmanlike manner or in accordance with the Contract Documents. DATE OF SUBSTANTIAL COMPLETION: DATE BY WHICH PUNCHLIST (ATTACHED) SHALL BE COMPLETED: CONTRACTOR: PRINT NAME: PRINT TITLE: OWNER: PRINT NAME: PRINT TITLE: Date: Date: EXHIBIT K Date: Cambridge Companies, Inc. 500 East Ridge Road Griffith, Indiana 46319 OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the "Project") Dear Pursuant to Section 4.2.4.2 of the Contract, Contractor hereby notifies Owner that to the best of Contractor's knowledge, information and belief, the Punchlist has been completed, and requests that the Owner determine the Project to be "Commercially Operational," Sincerely, OWNER'S REPRESENTATIVE RECEIVED: Date: CONTRACTOR PRINT NAME: PRINT TITLE: EXHIBIT L OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT; CONTRACT NO.: PROJECT: (the "Project") The Owner hereby affirms that it has inspected the Work performed under the Contract and agrees that the Punchlist dated is complete in accordance witb the Contract Documents. The Owner declares the Project to be Commercially Operational. The issuance of this Certificate shall not relieve the Contractor of liability for obligations under the Contract or for any faulty or defective work or services discovered after the issuance of this Certificate or the Snaking of Final Payment as provided in the Contract. DATE: CONTRACTOR: PRINT NAME: PRINT TITLE: OWNER: PRINT NAME: PRINT TITLE: Date: Date: EXHIBIT M Date: Cambridge Companies, Inc. 500 East Ridge Road Griffith, Indiana 46319 OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the "Project") Pursuant to Section 4.2.5.1 of the Contract, the Contractor hereby provides notice of excusable delay as follows: (a) Event/circumstances causing delay: (b) Date of occurrence of event/circumstances: (c) Portion of work affected by delay: (d) Estimated period of delay: CONTRACTOR: Date: PRINT NAME: PRINT TITLE: EXHIBIT N Date: Cambridge Companies, Inc. 500 East Ridge Road Griffith, Indiana 46319 OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the "Project") Pursuant to Section 4,7,1 of the Contract, the Contractor shall obtain the following licenses and permits necessary for designing and/or constructing the Project and shall include the cost of same in invoicing as a Cost of the Work: Owner shall obtain the following licenses and permits for the Project at its own expense: CONTRACTOR: Date: PRINT NAME: PRINT TITLE: OWNER: Date: PRINT NAME: PRINT TITLE: EXHIBIT O Wlrfflr@Cr � CHANGE ORDER # Project No: Agreement No: Agreement Date: CONTRACTOR: TRADES AFFECTED: The following CHANGES are hereby made to the Contract (attach separate explanation sheet if necessary): JUSTIFICATION for Change to Contract: CHANGE TO CONTRACT PRICE (Attach Detailed Calculation Sheets) Original Contract Price: Current Contract Price (as adjusted by previous change orders): Increase or Decrease in Contract Price by this Change Order: New Contract Price due to this Change Order: CHANGE TO CONTRACT PERIOD (Attach Revised Schedule): Increase or Decrease in Contract Period (calendar days): New Substantial Completion Date will be: APPROVALS REQUIRED - To be effective, this Change Order mast be approved by the OWNER Accepted by: Dated: (FIELD) Accepted by: Dated: (Owner Project Manager) Acepted by: Dated: (City Manager) Accepted by: Dated: (CONTRACTOR) EXHIBIT P OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the "Project") DATE OF DESIGN DOCUMENTS: (the "Design Documents") Pursuant to Sec. 6.3 of the Contract, the Owner hereby authorizes the following minor change in the Work: This change shall not result in any adjustment to the Contract Sum or the Contract Schedule. Contractor acknowledges and agrees to this minor change. CONTRACTOR: PRINT NAME: PAINT TITLE: OWNER: PRINT NAME: PRINT TITLE: Date: Date: EXHIBIT 0 IMMI ijlOUIVLY#j:I- 771'�l i EXI41BIT R OWNER: (the "Owner") CONTRACTOR: Cambridge Companies, Inc. (the "Contractor") CONTRACT: Agreement for Professional and Construction Management Services (the "Contract") DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the "Project") DATE OF DESIGN DOCUMENTS: (the "Design Documents") Pursuant to Section 7.2.3.2 of the Contract, Contractor affirms the following for Invoice No. Subcontractor Amount of Subcontract Amount Requested 1 2 3 4 Amount to be paid Contractor for Invoice No. CONTRACTOR: PRINT NAME: PRINT TITLE: OWNER: PRINT NAME: PRINT TITLE: Date: Date: EXHIBIT S Partial Payment Certification, Release and Lien Waiver OWNER: CONTRACTOR: PROJECT: CONTRACT NO: In consideration of the sum of $ , the undersigned hereby acknowledges receipt and payment in full for all labor, services, and materials furnished or supplied up to and including the date hereof relating to the design, construction, addition, or development of the work and improvements concerning the above -referenced Project. The undersigned hereby expressly waives, releases, and discharges the above -referenced Project, the Owner thereof, the interim lender, and the permanent lender, of and from any and all claims, liens, expenses and rights to any such claim or lien which the undersigned has or may have for labor, services, materials or otherwise, furnished by or though the undersigned in connection with the above -referenced Project and/or pursuant to the above -referenced Contract, to and including the date hereof. The undersigned further represents, as a material inducement to the payment described above, that subcontractors and suppliers of the undersigned have been fully paid to date and that all amounts due or to become due for labor, equipment or materials furnished by subcontractors and supplier of the undersigned shall be paid from such sum. In the event the undersigned does not receive actual payment for the labor, materials, or services which is the subject hereof, the signing of this certification, release and waiver shall not constitute a release or waiver of any claim or lien rights for said labor, materials, or services. Date: _ ( Name of Contractor] By: Print Name: Title: STATE OF CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me, , Notary Public, this . day of ,20—, by [signatory], who is personally known to me. [signatory] voluntarily acknowledged this instrument as of on behalf of the [corporation, limited liability company, etc.]. Notary Public Registration Number. My commission expires: Notary Seal (sharp, legible, photographically reproducible) EXHIBIT T Final Payment Certification, Release and Lien Waiver OWNER: CONTRACTOR: PROJECT: CONTRACT NO: In consideration of the sum of $ , the undersigned hereby acknowledges receipt and final payment in full for all labor, services, and materials furnished or supplied relating to the design, construction, addition, or development of the work and improvements concerning the above -referenced Project. The undersigned hereby expressly waives, releases, and discharges the above -referenced Project, the Owner thereof, the interim lender, and the permanent lender, of and from any and all claims, liens, expenses and rights to any such claim or lien which the undersigned has or may ever have for labor, services, materials or otherwise, furnished by or though the undersigned in connection with the above -referenced Project and/or pursuant to the above -referenced Contract. The undersigned further represents, as a material inducement to the payment described above, that subcontractors and suppliers of the undersigned have been fully paid to date and that all amounts due or to become due for labor, equipment or materials furnished by subcontractors and supplier of the undersigned shall be paid from the final payment referenced herein, In the event the undersigned does not receive actual payment for the labor, materials, or services which is the subject hereof, the signing of this certification, release and waiver shall not constitute a release or waiver of any claim or lien rights for said labor, materials, or services. Date: [ Name of Contractor] By: Print Name: Title: STATE OF CITY/COUNTY OF to -wit: The foregoing instrument was acknowledged before me, , Notary Public, this day of 120 , by [signatory], who is personally known to me. [signatory] voluntarily acknowledged this instrument as of on behalf of the [corporation, limited liability company, etc.]. Notary Public Registration Number: My commission expires: Notary Seal (sharp, legible, photographically reproducible) EXHIBIT U Cost of Construction Staff: Casey Brunke, PE, City Engineer Agenda: 1/5/2015 SUBJECT Accept Improvements and Authorize Final Payment to Nip Kelley Equipment Company, Inc. for the Meadowbrook Storage Tank. EXECUTIVE SUMMARY The project consisted of supplying all labor, materials, equipment, tools and supervision for the construction of a 1,000,000 gallon ground water storage tank including electrical, instrumentation and piping modifications and all other appurtenances as specified in the bid documents. This tank was constructed beside an existing Meadowbrook water storage tank in the area off of Perryville Road. BACKGROUND/DISCUS SION The Engineer's Final Report for this work is attached and it provides further details. FINANCIAL IMPACT The construction work, including the work added in Change Order # 1, was completed for $ 1,262,179.00. The funding is provided by the Capital Improvement Water System Sales Tax and by refinancing water system bonds. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The Meadowbrook water storage tanks provide potable water to City residents in a large, northern area of the City and are critical to the City's water system. This area has built up considerably in recent years and the existing small tank simply could not provide the volume and pressure needed to serve so many users. Reliable and safe potable water is one of the attractions for new people and businesses considering moving to our City. New residents and businesses in turn add to the City's income by increasing the volume of user fees, sales taxes, and patronage of City facilities. These same situations create a more favorable environment and social impact putting the City in a better position to attract more residents, business and industries. STAFF RECOMMENDATION Staff recommends Council accept, by motion, the improvements as indicated and approve the final payment of $ 158,172.56 to Nip Kelley Equipment Company, Incorporated. ATTACHMENTS: IN a rn•n e: Ei nglii neeir's If iii nail IFia;lr oirt I of Airea CITY of CAPE GIRARDEAU DEVELOPMENT SERV[CES December 16, 2014 Engineer's Final Report on the Meadowbrook Water Storage Tank To the City Manager Of the City of Cape Girardeau, Missouri Dear Sir: I hereby report that the improvements under the Meadowbrook Water Storage Tank project which consisted of supplying labor, materials, equipment, tools and supervision for the construction of a nominal 1,000,000 gallon ground storage tank including electrical, instrumentation and piping modifications have been completed. The project is located near the intersection of Perryville Road and El Rio Drive on the same property upon which a smaller storage tank exists. This new tank will provide more water pressure for the citizens in this area of town. Nip Kelley Equipment Company, Inc. is the general contractor and the work has been satisfactorily completed in accordance with the plans, specifications, contract and ordinances adopted by the City Council therefor as modified by two (2) Change Orders. The project was bid as a lump sum for $ 1,260,729.00 with one unit price given for lean concrete in the amount of $ 100.00 per cubic yard if it was needed. Change Order # 1 added one item for the removal of a tree that posed a safety concern; the cost for said removal was $ 1,450.00. The original, contract time was two hundred and forty (240) calendar days for substantial completion and two hundred and seventy (270) for final completion which were July 15, 2014 and August 14, 2014 respectively. Change Order # 2 extended both the substantial and final completion dates one hundred and twelve (112) .calendar days because of excessive winter weather and unforeseen site conditions. The contractor met the extended deadlines of November 3, 2014 and December 3, 2014. I have computed the cost of said construction which is as follows: No Item Qty Unit Unit Completed Price Price A. 1,000,000 Gallon Welded Steel Tank 1.00 S m $ 1,260,729.00 $ 1,260,729.00 1 Lean Concrete 0.00 Cubic Yard $ 100.00 $ 0.00 Change Order # 1 Added: 2 Tree Removal 1.00 Lu Sum $ 1,450.00 $ 1,450.00 TOTAL CONTRACT ITEMS LESS PREVIOUS PAYMENTS $ 1,104,006.44 AMOUNT DUE THE CONTRACTOR $ 158,172.56 $ 1,262,179.00 CONSULTANT DESIGN COSTS $ 80,920.39 Engineer's Final Report Meadowbrook Water Storage 'rank December 16, 2014 Page 2 of 2 CITY ENGINEERING/ADMINISTRATION COSTS $ 15,230.82 CITY CONSTRUCTION ENGINEERING/INSPECTION COSTS $ 12,908.80 OTHER COSTS $ 3,974.23 TOTAL CONSTRUCTION CONTRACT COSTS $ 1.,375,213.24 The new tank was installed adjacent to the old tank on the same site on City property. However, it was discovered that the existing access road was by undocumented permission from adjacent property owners. The City wanted to remedy this situation and obtained permanent utility easements from two owners for the access road. The City owned a strip of land that had been intended for a portion of the road but was not a practical route; the City deeded this strip to the owner adjacent to it who had given the permanent casement, A small portion off the corner of the Anthony J. Kluesner property was required as a permanent easement for the access road and Mr. Kluesner requested asphalt paving of his parking lot in exchange for the easement. This paving was done as part of the 2014 Asphalt Overlay Project for a total of $ 6,670.00. On February 20, 2013, the City Manager entered into Task Order No. 3 with the consultant engineering firm of Horner & Shifrin, Inc. for the design, bidding and construction phase services (on an as - needed basis) for a new 1,000,000 gallon welded steel water storage tank to augment the old tank which did not provide sufficient pressure. The task order was for $ 102,800.00. The design was completed for a total of $ 80,920.39 which is less than the amount anticipated. The call for bids was publicly advertised and, on August 20, 2013, three (3) bids for this work were received ranging from the high of $ 1,399,000.00 to the low of $ 1,260,729.00. On September 9, 2013 by Resolution No. 2779, the City Manager was authorized to enter into a contract with the low bidder, Nip Kelley Equipment Company, Incorporated, There were two (2) Change Orders processed for this project; the contract was increased by $ 1,450.00 making the final construction amount $ 1,262,179.00 and the contract deadlines were extended. Including the costs associated with the construction contract, a total of $ 113,034.24, brings the final cost to $ 1,375,213.24. Funding for this additional tank is being provided by the Capital Improvement Water System Sales Tax and by refinancing of the water system bonds. CBlmb Project Reference Code — 62040603-71184-P1313 Purchase Order No. — P0141199 Engineering Division Project # 6171 401 independence Street, Cape Girardeau, MO 63703 P: 573.339.6327 F: 573.339.6303 Staff: Casey Brunke P.E., City Engineer Agenda: 1/5/2015 SUBJECT Motion to accept the street extension, sanitary sewer extension, waterline extension, and storm sewer infrastructure to serve Walden Park Phase 3. BACKGROUND/DISCUS SION The public improvements for Walden Park Phase 3 are complete and ready to be accepted into the City system including: . Eight inch SDR -35 PVC sanitary sewer main was extended by 1,060 LF and 8 manholes constructed. . Eight inch water main was extended by 760 LF and six inch water main was extended by 408 LF. Storm sewer was extended by 480 LF (15 inch RCP) and 88 LF (18 inch RCP). . Pine Hill Spur and Flint's Pond Alley were both extended for a total of 2,700 LF. . Mary MackAlley and Hopscotch Alley were both extended for a total of 1,406 LF. These improvements were inspected by City Staff and were completed generally in accordance with the approved plans. Sidewalks for the street are being constructed as each lot is developed. Escrow is being held until these public improvements are completed. STAFF RECOMMENDATION Staff recommends the Council accept by motion the street, sanitary sewer, storm sewer, and waterline extensions into the City System. ATTACHMENTS: Na rn•ne: ❑ Walden Perk Phese 3.pdf ocaUoin I Staff: Molly Hood, Assistant City Agenda: Manager -Development Services 1/5/2015 SUBJECT BILL NO. 15-01, an Ordinance amending Section 15-337 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding rooms to lease, let, hire or rent. First Reading. EXECUTIVE SUMMARY With recent efforts to increase Residential Rental Licensing enforcement, it became apparent some minor amendments to the "Definitions" section of the Rental Licensing Ordinance are necessary. The proposed amendments include a revision to the definition of "Code Official" to provide for a "deputy or designee" to carry out the enforcement of the Ordinance. In addition, the City Prosecutor requested the addition of a defintion of "Violation" as "A failure to meet any requirement set forth in any section or subsection of this Chapter as determined by the code official or his deputy or designee." BACKGROUND/DISCUS SION Development Services staff has been working diligently with the City Attorney's office to actively enforce the Residential Rental Licensing ordinance. To streamline the enforcement process, it became apparent the definition of "Code Official" should be revised to include a "deputy or designee" to assist with the administration and enforcement of the code. Currently, the Rental Licensing Inspector must refer citable offenses to the Code Official to take action. The proposed change will allow the Rental Licensing Inspector to send Rental License Suspension letters and various other enforcement actions which will streamline the process. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The proposed changes support the City's intent to ensure the public health, safety, and welfare related to residential rental occupancies. STAFF RECOMMENDATION Development Services staff recommends the passage and approval of proposed Ordinance changes. ATTACHMENTS: IN a rn•n e: BILL NO. 15-01 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15-337 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING ROOMS TO LEASE, LET, HIRE OR RENT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 15, of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to Rooms to Lease, Let, Hire or Rent, containing Section 337, reading as follows: Sec. 15-337 - Definitions. Words or phrases in this Article shall be interpreted so as to give them the same meaning as they have in common usage. However, for the purpose of this Article, the following terms shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Approved. Accepted by the code official. Agent. A person acting on behalf of an owner as the property manager, not to include a real estate agent or Realtor whose involvement is limited solely to the sale of the property. Building. A roofed and walled structure built for use as a dwelling. City. The City of Cape Girardeau, Missouri. City Manager. The City Manager or his or her designee. Code official. Officer or other designated authority charged with the administration and enforcement of this ordinance. Duplex. A building containing two dwelling units. 1 Dwelling. A building, or portion thereof, designed or used predominantly for residential occupancy, by a paying occupant, of a continued nature, including one -family dwellings, two- family dwellings, multiple -family dwellings, and manufactured homes but not including hotels or motels. Dwelling unit. A single residential dwelling, or portion thereof, that is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. Existing Structure. A structure existing prior to the effective date of this ordinance. Family. (1) One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit, plus up to two (2) domestic servants; or (2) Three (3) or fewer unrelated persons, including any domestic servants, living as a single housekeeping unit; or (3) Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, plus up to two (2) domestic servants, living as a single housekeeping unit. The term "family" shall a fraternity, sorority, group. not be construed to mean club or institutional Flush water closet. A toilet bowl flushed with water with a water -sealed trap. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. 2 Habitable building. A dwelling or dwelling unit that meets the general requirements as stated in Section 15:346 of this ordinance for use as a home or place of abode by one or more persons. Habitable room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Heated water. Water heated to a temperature of not less than one hundred twenty (120°) degrees Fahrenheit measured at faucet outlet. Inspector (s) . Code inspectors, fire marshal, fire inspector, police officers or any other person as authorized by the City Manager. Kitchen. A space containing a sink and counter space sized for food preparation, with adequate space for cooking and refrigeration equipment and storage of cooking utensils. Landlord License. Annual license issued by the City granting conditional permission to the owner to rent one or more dwellings within the City. Licensee. Operator issued an annual landlord license by the City. Multiple -family dwelling. A dwelling containing three or more dwelling units. Occupant. Any person who lives in a dwelling unit. 3 Operator. The owner or agent who has charge, care, control, or management of building, or part thereof, in which dwelling unit or rooming units are let. Owner. The persons, corporation or other legal entity listed as owner on the records of the county recorder of deeds. Permissible Occupancy. The maximum number of persons that can legally occupy dwelling or dwelling unit. Person. An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind. Plumbing. Any or all components of a system designed to convey liquids or gases. Premises. A parcel, portion of a parcel, or group of parcels under common ownership. Public hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish. Rental or rented dwelling or dwelling unit. A dwelling or dwelling unit let or intended to be let for rent or lease. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. Rodent harborage. Any place where rodents can live, nest or seek shelter. Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Substandard dwelling. Any dwelling which does not conform to the general requirements established by this ordinance. Supplied. Paid for, furnished by, provided by or under the control of the owner, or operator of a dwelling. Unit. A family occupancy or a bedroom of a facility, a boarding house, or a dwelling. Meaning of certain words - whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this Article, they shall be construed as though they were followed by the words "or any part thereof." is hereby repealed in its entirety, and a new Section 15- 337 is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-337. - Definitions. Words or phrases in this article shall be interpreted so as to give them the same meaning as they have in common usage. However, for the purpose of this article, the following terms shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved. Accepted by the code official. Agent. A person acting on behalf of an owner as the property manager, not to include a real estate agent or realtor whose involvement is limited solely to the sale of the property. Building. A roofed and walled structure built for use as a dwelling. City. The City of Cape Girardeau, Missouri. City manager. The city manager or his or her designee. Code official. Officer or other designated authority charged with the administration and R enforcement of this ordinance, or his deputy or designee. Duplex. A building containing two (2) dwelling units. Dwelling. A building, or portion thereof, designed or used predominantly for residential occupancy, by a paying occupant, of a continued nature, including one -family dwellings, two-family dwellings, multiple - family dwellings, and manufactured homes but not including hotels or motels. Dwelling unit. A single residential dwelling, or portion thereof, that is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. Existing structure. A structure existing prior to the effective date of this ordinance. Family. (1) One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit, plus up to two (2) domestic servants; or (2) Three (3) or fewer unrelated persons, including any domestic servants, living as a single housekeeping unit; or (3) Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, plus up to two (2) domestic servants, living as a single housekeeping unit. The term "family" shall not be construed to mean a fraternity, sorority, club or institutional group. rel Flush water closet. A toilet bowl flushed with water with a water -sealed trap. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Habitable building. A dwelling or dwelling unit that meets the general requirements as stated in section 15-346 of this article for use as a home or place of abode by one (1) or more persons. Habitable room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Heated water. Water heated to a temperature of not less than one hundred twenty (120) degrees Fahrenheit measured at faucet outlet. Inspector(s). Code inspectors, fire marshal, fire inspector, police officers or any other person as authorized by the city manager. Kitchen. A space containing a sink and counter space sized for food preparation, with adequate space for cooking and refrigeration equipment and storage of cooking utensils. Landlord license. Annual license issued by the city granting conditional permission to the owner to rent one (1) or more dwellings within the city. 7 Licensee. Operator issued an annual landlord license by the city. Multiple -family dwelling. A dwelling containing three (3) or more dwelling units. Occupant. Any person who lives in a dwelling unit. Operator. The owner or agent who has charge, care, control, or management of building, or part thereof, in which dwelling unit or rooming units are let. Owner. The persons, corporation or other legal entity listed as owner on the records of the county recorder of deeds. Permissible occupancy. The maximum number of persons that can legally occupy dwelling or dwelling unit. Person. An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind. Plumbing. Any or all components of a system designed to convey liquids or gases. Premises. A parcel, portion of a parcel, or group of parcels under common ownership. Public hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one (1) family. Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish. Rental or rented dwelling or dwelling unit. A dwelling or dwelling unit let or intended to be let for rent or lease. M. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. Rodent harborage. Any place where rodents can live, nest or seek shelter. Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Substandard dwelling. Any dwelling which does not conform to the general requirements established by this ordinance. Supplied. Paid for, furnished by, provided by or under the control of the owner, or operator of a dwelling. Unit. A family occupancy or a bedroom of a facility, a boarding house, or a dwelling. Meaning of certain words - whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this article, they shall be construed as though they were followed by the words "or any part thereof." Violation. A failure to meet any requirement set forth in any section or subsection of this Chapter as determined by the code official or his deputy or designee. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. I ARTICLE 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2015. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 10 Staff: Bruce W. Loy, Airport Manager Agenda: 1/5/2015 SUBJECT Amendment #1 to State Block Grant Agreement with the Missouri Highways and Transportation Commission to fund the construction and construction services to remove and restripe the airfield pavements at the Cape Girardeau Regional Airport, in the City of Cape Girardeau, Missouri, Project No. 14-077A-1. EXECUTIVE SUMMARY This Amendment #1 grants an additional $2,439 to the original block grant agreement of $110,555 be used to fund 90% of the construction and construction services to remove and restripe the airfield pavements at the Cape Girardeau Regional Airport. Additionally, this Amendment #1 provides an extension of the expiration date from November 30, 2014 to May 30, 2015, to allow for completion and close-out of the project. BACKGROUND/DISCUS SION 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. On August 20, 2014, the City approved the original 90% block grant submitted by the Missouri Highways and Transportation Commission (MoDOT) in the amount of $110,555, for the purpose of funding the mentioned airfield painting project. The City match to this original grant was $12,284. The attached Amendment #1 to this grant Project #14-077A-1, provides additional funding of $2,439, with a City match of $271, necessary to fund $2,710 in added project work required of the contractor. The added project costs cover T -Hangar lead-in lines and other additional painting, not included in the original project bid documents. Additionally, the attached Amendment #1 provides for an extension of the original grant expiration date from November 30, 2014 to May 30, 2015, to allow time for the completion and close out of the project. The expiration date extension is necessary to provide time for the contractor to repair some of the T -Hangar lead-in lines and to resolve some labor payroll issues. FINANCIAL IMPACT The breakdown for the amended airport restriping project costs is as follows: Expenses CMT Design Phase: $ 19,040 CMT Construction Phase 11,072 Gilmore Construction 92,727 Total Original Cost $122,839 Added Amended #1 Costs 2,710 Total Amended Project $125,549 Original Funding MoDOT 90% $110,555 City of Cape 10% $ 12,284 Total Original Funds $122,839 Amended Funding MoDOT 90% $112,994 City of Cape 10% $ 12,555 Total Amended Funds $125,549 STAFF RECOMMENDATION It is recommended that City Council approve an ordinance allowing the City Manager to execute the attached Amendment #1 to a Block Grant Agreement with the Missouri Highways and Transportation Commission, in the amount of $2,439, with a local match of $271, to fund Project # 14-077A-1 and to extend the expiration date of the project from November 30, 2014 to May 30, 2014, to allow time for the completion and close-out of the project for the construction and construction services to remove and restripe the airfield pavements at the Cape Girardeau Regional Airport. ATTACHMENTS: Descriilrrotiion Arn•nendrn•nent #1 Ordinance ❑ Amendment #1 to SBGA Cape Girardeau restriping extending time period Arn•nendrn•nent #1 to a State IBllocllc Aedreern•nent to irestiriilrroe 2 .doc tllhe aiiirfiielld at Cape GiiirairdeaU IReagiioinall Airport BILL NO. 15-02 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT *1 TO A STATE BLOCK GRANT AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, 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, Amendment #1 of the State Block Grant Agreement between the City of Cape Girardeau and the Missouri Highways and Transportation Commission to fund construction and construction services to remove and restripe the airfield pavements at the Cape Girardeau Regional Airport, Project Number 14-077A-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 , 2015. 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 (MWH) Project No.: 14-077A-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 #1 THIS AGREEMENT AMENDMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Sponsor"). WITNESSETH: WHEREAS, the parties entered into an Agreement executed by the Sponsor on August 20, 2014, and executed by the Commission on September 2, 2014, (hereinafter, "Original Agreement") under which the Commission granted the sum not to exceed One Hundred Ten Thousand Five Hundred Fifty -Five Dollars ($110,555) to the Sponsor to assist with restriping airfield pavements; and WHEREAS, the Commission previously approved funds for restriping airfield pavements; and WHEREAS, the level of funding originally approved is not sufficient to cover the costs associated with restriping airfield pavements. WHEREAS, the Commission has sufficient funds to increase the grant amount for restriping airfield pavements. 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 Two Thousand Four Hundred Thirty -Nine Dollars ($2,439) for restriping airfield pavements subject to the following conditions: (A) The Sponsor shall provide matching funds of not less than Two Hundred Seventy -One Dollars ($271) toward 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 attached to 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 February 1, 2015, or such subsequent date as may be prescribed in writing by the Commission. (D) Based upon the revised project schedule, the original project time period of November 30, 2014, will be extended to May 30, 2015, to allow for completion of the work. Paragraph (2) of the Original Agreement is hereby amended accordingly. (E) All other terms and conditions of the Original Agreement 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 Executed by the Commission this MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title Secretary to the Commission Approved as to Form: Commission Counsel 061 , 20 day of , 20 CITY OF CAPE GIRARDEAU By_ Title By_ Title Approved as to Form: Title Ordinance No. (if applicable) 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: John Richbourg, Finance Director Agenda: 1/5/2015 SUBJECT Ordinance changing the calculation of fuel surcharge for transfer station disposal fees. EXECUTIVE SUMMARY This ordinance changes how the fuel surcharge is calculated for transfer station customers. BACKGROUND/DISCUS SION At the December 1st Council Meeting you authorized the City Manager to enter into an agreement with CWI of Missouri, Inc. dba Republic Services to provide disposal services of the solid waste from the City's transfer station. This ordinance would change how the fuel surcharge is calculated to agree with the method included in that agreement. FINANCIAL IMPACT This ordinance will allow the reduced fuel surcharge costs that will result from the new agreement to be passed on to the City's customers. STAFF RECOMMENDATION Staff recommends that Council approve the first reading of this ordinance. ATTACHMENTS: IN a rn•n e: IM W Sa;dof n 22 39(10 Ordinance BILL NO. 15-05 AN ORDINANCE OF THE CITY WASTE ORDINANCE NO. AMENDING SECTION 22-39(b) CODE RELATING TO SOLID BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 22-39(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 22-39. Disposal of waste; fee. (b) Haulers who dispose of less than twenty (20) tons of solid waste per week at the city disposal facility shall pay a rate of fifty-four dollars and seventy-five cents ($54.75) per ton plus fuel surcharge, if applicable. The applicable fee shall be increased by twenty-five dollars ($25.00) for each load that is not properly covered or secured in accordance with state and local law. Private haulers who regularly use the disposal facility and who regularly dispose of more than twenty (20) tons of solid waste per week at the city disposal facility shall have a rate established by contract based on the operating costs. The charge per ton will be increased when the previous week's average per gallon diesel fuel price exceeds two dollars and seventy- five cents ($2.75). The charge will be increased by one hundred eighty percent (1800) of the difference between the previous week's average per gallon diesel fuel price and two dollars and seventy-five cents ($2.75). All surcharges will be rounded up to the next cent. Average per gallon diesel fuel costs will be the U.S. average as published by the U.S. Energy Information Administration. 1 is hereby repealed in its entirety, and a new Section 22- 39(b) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 22-39. Disposal of waste; fee. (b) Haulers who dispose of less than twenty (20) tons of solid waste per week at the city disposal facility shall pay a rate of fifty-four dollars and seventy-five cents ($54.75) per ton plus fuel surcharge, if applicable. The applicable fee shall be increased by twenty-five dollars ($25.00) for each load that is not properly covered or secured in accordance with state and local law. Private haulers who regularly use the disposal facility and who regularly dispose of more than twenty (20) tons of solid waste per week at the city disposal facility shall have a rate established by contract based on the operating costs. The charge per ton will be increased when the previous month's average per gallon diesel fuel price exceeds three dollars and seventy-five cents ($3.75). The charge will be increased by one hundred percent (1000) of the difference between the previous month's average per gallon diesel fuel price and three dollars and seventy-five cents ($3.75). All surcharges will be rounded up to the next cent. Average per gallon diesel fuel costs will be determined utilizing the Department of Energy Midwest Region index. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the 4 sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2015. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 3 Staff: John Richbourg, Finance Director Agenda: 1/5/2015 SUBJECT Ordinance changing the calculation of fuel surcharge for residential solid waste collection fees. EXECUTIVE SUMMARY This ordinance changes how the fuel surcharge is calculated for residential solid waste customers. BACKGROUND/DISCUS SION At the December 1st Council Meeting you authorized the City Manager to enter into an agreement with CWI of Missouri, Inc. dba Republic Services to provide disposal services of the solid waste from the City's transfer station. This ordinance would change how the fuel surcharge is calculated to agree with the method included in that agreement. FINANCIAL IMPACT This ordinance will allow the reduced fuel surcharge costs that will result from the new agreement to be passed on to the City's customers. STAFF RECOMMENDATION Staff recommends that Council approve the first reading of this ordinance. ATTACHMENTS: IN a rn•n e: Sa;dof n 22 47(c) Ordinance BILL NO. 15-06 AN ORDINANCE OF THE CITY WASTE ORDINANCE NO. AMENDING SECTION 22-47(c) CODE RELATING TO SOLID BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. Section 22-47(c) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 22-47. Residential solid waste collection fees. (c) Fuel surcharge. The monthly solid waste collection fee for residential customers shall be increased when the previous month's average per gallon diesel fuel price exceeds two dollars and seventy-five cents ($2.75). The charge will be increased by forty-four (44) percent of the difference between the previous month's average per gallon diesel fuel price and two dollars and seventy-five cents ($2.75). All surcharges will be rounded up to the next cent. Average per gallon diesel fuel costs will be the U.S. average as published by the U.S. Energy Information Administration. is hereby repealed in its entirety, and a new Section 22- 47(c) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 22-47. Residential solid waste collection fees. (c) Fuel surcharge. The monthly solid waste collection fee for residential customers shall be increased when the previous month's average per gallon diesel fuel price exceeds three dollars and seventy-five cents ($3.75). The charge will be increased by twenty-five (25) percent of the difference between the previous month's average per gallon diesel fuel price and three dollars 1 and seventy-five cents ($3.75). All surcharges will be rounded up to the next cent. Average per gallon diesel fuel costs will be determined utilizing the Department of Energy Midwest Region index. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 4 2015. Staff: Julia Thompson, Director of Parks Agenda: and Recreation 1/5/2015 SUBJECT An ordinance authorizing an increase of fees to the Cape Splash Aquatic Center. EXECUTIVE SUMMARY The City of Cape Girardeau has maintained the same admission and pass rates to the Cape Splash Aquatic Center since its opening in 2010. Staff recommends that with the approved improvements and ongoing operations, maintenance and upkeep requirements that fees be increased for the 2015 season. BACKGROUND/DISCUS SION This past year the City Council approved an expansion to the facility with the addition of a combination five lane drop speed slide and mat racer for an estimated cost of $730,000. Many other improvements to Cape Splash have been made over the past five years with no increase in prices. While Cape Splash continues to be a popular, seasonal attraction; the ongoing maintenance costs along with the added new amenities warrant an increase in pricing to assist in offsetting expenses. FINANCIAL IMPACT Staff recommends the new pricing structure which equates to approximately a $1 per person increase in admission and group pricing packages. Staff performed an evaluation of fees from similar types of facilities around the region (Attached) and feel that the proposed increase is appropriate. It places Cape Splash approximately in the middle tier of costing for like facilities. It is estimated that the increase in fees will generate an additional $60,000 - $90,000+ in revenue annually; weather permitting, especially with the new slide element in place for the 2015 season. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The Cape Splash Family Aquatic Center was designed to accommodate a variety of users and programs including individuals, families, organized groups and their corresponding special events. The speed slide addition will provide a new thrill attraction for an age group; primarily the older youth, that had been missing from the park amenities, but with only a nominal price increase. Staff feels in comparison that the quality service, safety and programmatic aspects of the facility make this a continued affordable attraction for all users. The original cost of Cape Splash was 6.1 million and was part of the Parks and Stormwater Tax projects. To date annual facility operational costs have averaged $397,600 and annual revenues have averaged $558,700 resulting in annual average positive revenue of $161,100. Typical water park attractions begin to experience increased maintenance and repair expenses after five years. Cape Splash has been no exception as last year pool re -painting cost almost $28,000 for the lap and zero depth portions with the Lazy River re -painting scheduled this year for approximately the same amount as an example. STAFF RECOMMENDATION Staff recommends that the Council, by motion, authorize the revision to our fees ordinance. ATTACHMENTS: IN a irn e : 771.Park Fees Ordinance 2015.doc Ll Copy -of -Cape Splash Rate Proposal Layout 2014.pd 771 Copy of Municipal WaterPark Entry Cost Comparison V2.pdf Calpe Slpllaslh If ee Ilincirease Oirdlinaince Flirolposed If ee Scheddle F:acillilly CosIt Coirnpairlsoin BILL NO. 15-08 ORDINANCE NO. AN ORDINANCE APPROVING AND ADOPTING FEE INCREASES FOR PARKS AND RECREATION DEPARTMENT SERVICES AT THE CAPE SPLASH FAMILY AQUATICS CENTER, 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 Council of the City of Cape Girardeau, Missouri, hereby adopts fee increases for Parks and Recreation Department Services at the Cape Splash Family Aquatics Center, in the City of Cape Girardeau, Missouri. A copy of a chart outlining said fee increases is attached to this Ordinance as Exhibit A and made a part hereof. ARTICLE 3. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. PASSED AND APPROVED THIS DAY OF , 2015. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 1 corvd�¢ca�ie a..v '~ Cape Splash Family Aquatic Center Proposed Fee Increases i" Admission Rates Includes General Admission During Public Hours Current Proposed Difference Child (13 & under) $5.00 $6.00 $1.00 Adult ( 14 - 59) $6.00 $7.00 $1.00 Senior (60 & up) $5.00 $6.00 $1.00 Season Pass Rates Unlimited Admissions For An Entire Season Birthday Parties Includes Pricing for Groups of 10-50 with the basis of a $1 increase Current Proposed Difference Child (13 & under) $100 $115 $15 Adult ( 14 - 59) $125 $150 $25 Senior (60 & up) $100 $115 $15 Family of Four $200 $225 $25 Additional Family Member $20 $25 $5 Birthday Parties Includes Pricing for Groups of 10-50 with the basis of a $1 increase After Hour Rentals 2 Hour Exclusive Facility Reservations For 100-1,200 People Current Proposed Difference Package 1: 1 Hour at Gazebo $85-$285 $98-$325 $13-$40 With No Amenities Package 2: 1 Hour at Gazebo $97-$297 $110-$340 $13-$43 Drink and Ice Cream $500-$600 $575-$690 $75-$90 Package 3 1 Hour at Gazebo $115-$455 $130-$525 $15-$70 Hotdog, Chips, & Drink $500-$600 $575-$690 $75-$90 Package 4 1 Hour at Gazebo $125-$525 $145-$605 $20-$80 Slice of Pizza & Drink $700-$800 $805-$920 $105-$120 After Hour Rentals 2 Hour Exclusive Facility Reservations For 100-1,200 People *Includes Packages that include New Speed Slides which in case there was an additional $200 added to the base cost. Current Proposed Difference Package 1: Gazebo, Splash Pad $200-$250 $230-$290 $30-$40 Zero Depth, Play Ground Package 2: Gazebo, Splash Pad Zero Depth, Play Ground $500-$600 $575-$690 $75-$90 Lap Pool, Small Slides, Vortex Package 3: Big Slides, Lazy River, $500-$600 $575-$690 $75-$90 and Dining Terrace Package 4: * Big Slides, Lazy River, Dining $700-$800 $805-$920 $105-$120 Terrace and Speed Slides Package 5: * $1200-$1600 $1380-$1850 $180-$250 Entire Complex *Includes Packages that include New Speed Slides which in case there was an additional $200 added to the base cost. C N 2+ a (D L N a LL H a I N a 7 Q LL LL a) m O O d U) O >mw a - a) E O Q N C 0 J �_0 (UCL J >N E d o� � 0 = a) 06 ul U) p V 3 cO — - j �i D0 W_ m O N U o a) O -oE mJp mO N�QCo� a O J 0) O N o60) N JU> ;m IL 0 d Q'S W '6 CL Ci D a m '06 H N 0(606 CL 2i 06 D D a 0 C N Q U) U) > 3 O O j>, - ap J EN O> cL C O W Y N (1) J P C O O O CL O m J U 7 0 N >, m N D O a) m N W oN o N a) o O N a) o a Q� aa) a) 2~ 0-0(n(n a U m aNi E �� �N vi a) mIL _E LL _ U m aa)) E 0 > W m O H (n O LL ll V ON LO I- O O ao p � V) N ER O r-00 rn va V N O 0 W N ER ER ER ER ER ER _ ER O O O O O O O W W EFT Ln EFT Ln EFT (O EFT V EFT r- EFT W EFT Ln EFT Ln O O O O O LP O O O O O O O O (O O ER c O d ul N CL jL7 E O V N N m O N a) U Q E 't7 a Q U U U C U d Q y O U N m > j (6 > R 7 m = a Q 70 cr Q L d ul Ls O O C Q J Z o C m O s d N N a) s y C m Nm m U O L1 N d N - L LL a) -6 U 0 O U m O O O Un N N O N V3 EFT O m N a) O 00 � ER ER ER 7 Staff: Bruce Taylor, Deputy City Clerk Agenda: 1/5/2015 SUBJECT Appointment of one full member to the Board of Appeals for a term expiring June 4, 2019. EXECUTIVE SUMMARY Board of Appeals member, Mr. Glen Hinkebein passed away on December 17, 2014. He was serving a term set to expire June 4, 2019. A copy of the roster is attached for your review. On May 5 an Ordinance was adopted amending the residency requirements to serve on this board. If no qualified city residents apply for the board, then qualified applicants who are residents of Cape Girardeau County may be considered. The International Building Code (as amended by the city) stipulates that the Board shall consist of seven individuals, not more than two from each of the following professions: (1) registered architect, or builder or superintendent of building construction with 10 years experience; (2) registered design professional with structural engineering or architectural experience; (3) registered design professional with mechanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years experience; (4) registered design professional with electrical engineering experience or an electrical contractor with 10 years experience; (5) registered design professional with fire protection engineering experience or a fire protection contractor with 10 years experience. In addition, two alternate members may be appointed and shall possess the qualifications required for board membership. Members serve five year terms. BACKGROUND/DISCUS SION With the current makeup of the board, an individual from one of the following professions is eligible to serve: mechanical, plumbing, or electrical. Mr. Robert Blasiney currently serves as an alternate on the board, and he has expressed interest in being appointed as a full member. The following applicants are qualified to serve on the board. Robert Blasiney construction city resident contractor/electrical Willie Sandin mechanical/electrical county resident GENERAL DIRECTION Unless directed otherwise, the appointment of one full member for a term expiring June 4, 2019, will appear on your next agenda for consideration. ATTACHMENTS: IN a rn•n e: Ll Appeals. roster. d2c 771 blasiney.robert.07L 1- 14 1 Board of Appeals irosIt it Board AIrblrb IBllasliiney, IFaolbeir�f Board AIrrolrro .. Saindllin, W11111le CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 15, 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. Board of Appeals Date Appointed David C. Pfeiffer (structural engineer) June 5, 1990 Farris Nabors (contractor/electrician) December 18, 1995 Michael Annis (contractor) (Sebek) March 4, 2013 (served as alternate) April 2, 2001 Melanie Cantrell (structural engineer) December 15, 2008 Mark Strickland (mechanical) October 6, 2014 (served as alternate) June 2, 2014 Kristen Uhrhan (architect) (alt.) June 2, 2014 Joe Burton (mechanical) September 4, 2001 Vacant (Hinkebein) --- Robert Blasiney (contractor/electric)(alt) October 6, 2014 Date Reappointed Term Expires 7/11/95, 5/15/00, 5/16/05 June 4, 2015 9/23/00; 8/15/05 September 4, 2015 5/17/10, 9/20/10 --- June 4, 2016 7/6/04; 5/18/09 6/4/12 June 4, 2017 --- June 4, 2017 --- June 4, 2018 4/21/03; 6/2/08; 5/20/13 June 4, 2018 --- June 4, 2019 June 4, 2019 Serve five year terms, appointed by Council. Of the seven members, no more than two from each of the following professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have been in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years experience 5 of which shall have been in responsible charge of work; (5) registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten years experience 5 of which shall have been in responsible charge of work. If no applications from qualified residents, the qualified applicants from Cape Girardeau County may be considered (Ord. 4567) Meetings held second Thursday at 7:00 p.m. in Council Chambers. Board considers appeals from the building codes. Staff contact — Tim Morgan, Inspection Services Director. 339-6327. Staff: Bruce Taylor, Deputy City Clerk Agenda: 1/5/2015 SUBJECT Appointment of two members to the Tree Board for terms expiring February 1, 2018. EXECUTIVE SUMMARY Mr. Rocky Hayes has resigned from the Tree Board. Mr. Kevin Govero's term expires February 1, 2015 and does not wish to be reappointed. A copy of the roster is attached for your information. BACKGROUND/DISCUS SION The Tree Board is comprised of the Public Works Director, Parks and Recreation Director, one member of the Parks and Recreation Advisory Board, and four residents of Cape Girardeau selected by the City Council. Members serve a three-year term. The following individuals have expressed interest in serving on this Board, and their advisory board summary sheets are attached. Patrick Elfrink Dennis Kinkead, Jr Darryl Maschmann Kurt Trendle GENERAL DIRECTION Unless directed otherwise, two appointments to the Tree Board will appear on the next City Council agenda for consideration. ATTACHMENTS: El Tree.roster.doc E] 71. E C: escrilIpHam Thee Board IFioseir Board App IEll'firiiilnll6, IFlairiicllc Board App Kinkead, IDeninlis J.IFa. Board App .. IMaschirmnai ni n, lDainryll Board App .. ifireinetlle, lKLflft CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 15, 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. Vacant (Govero) Vacant (Hayes) John Ruester Shawn Roll -Huston Robert Harris, Parks & Rec Brd Tim Gramling, Public Works Dir Julia Thompson, Parks & Rec Dir Tree Board Date Appointed March 2, 2009 November 17, 2014 January 6, 2014 April, 2008, Date Reappointed 1/24/12 4/11; 4/14 Term Expires February 1, 2015 February 1, 2015 February 1, 2016 February 1, 2016 February 1, 2017 Serve three year terms, appointed by City Council. Meetings held second Monday, bi-monthy beginning in February, at noon at the Osage Community Centre. Study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of public trees in parks, along streets and in other public places. Upon request by City Council, shall consider, investigate, make findings, report and recommend upon any special matter of question coming within the scope of its work. (Two Members added per Ord. 4516, 11/18/13) Staff contact— Julia Thompson, Parks and Recreation Director, 339-6340. BEAUTIFICATION COMMITTEE MEETING October 28, 2014 DRAFT MINUTES The Cape Girardeau Beautification Committee met at the Osage Centre on Tuesday, October 28, 2014 at 3:00 p.m. Present: Laura Ritter Loretta Schneider Becky Mocherman Brian Langlois Pat Dahl Xavier Bland Absent: Lida Mueller Mike Tripp A. WELCOME/INTRODUCTIONS Staff Present Julia Thompson, Director of Parks & Recreation Brock Davis, Park Division Manager Sharon Bergman, Administrative Secretary B. APPROVAL OF THE MINUTES Brian Langlois made a motion to approve the September 301h minutes and Pat Dahl 2nd the motion. Motion passed C. OLD BUSINESS 1. WAY FINDING SIGNS Isle of Capri has given their approval for the preliminary design for the entry signs to the City to the City Manager. Julia distributed sample designs to show the committee. Hopefully next month they will be approved and installed in the winter. 2. Grass Clippings Ordinance Julia talked with City Attorney Eric Cunningham about the City ordinance on grass clippings. There is an ordinance for this. Code enforcement can cite property or business owner. There is a form be constructed to make it easier for someone to file a report on these matters. 3. KCB Article for Good Times Section Committee decided that each KCB member would take turns writing a section and Julia would look over and submit to the paper. A small write up to encourage and educate the public on beautification, recycling, litter and the KCB committee. 4. Dumpsters/ Overflow City is working on the business requirements for dumpster size and pick up times per week in order to handle the overflow of trash. KEEP CAPE BEAUTIFUL COMMITTEE OCTOBER 28, 2014 PAGE 2 D. NEW BUSINESS 1. Board Appointments Send any suggestions to the KCB members 2. Business Recognition of the Month The committee decided to extend the business recognition to the end of the year. Several nominations including First State Community Bank, Ophelia's, Neumeyer Bed & Breakfast, Glen House and SE State University. Becky Mocherman made a motion to nominate Ophelia's for November business of the month and Brian Langlois 2nd the motion. 3. Litter Index/ Submit to Keep America Beautiful Fall projects - discuss E. REPORTS/OTHER ITEMS AS NEEDED • Council Liaison Report — Councilwoman Schneider — Suggest the City coming up with an online form to file complaints that is easy to fill out for the general public. Also talked about the renewal of the Fire tax. • Department Calendar — Capaha Park finishing up the Play structures for the 5 — 8 year olds and 8 -12 year olds. Gateley Garden is complete. Signage is up in Arena Park. • November 12th is Spaghetti Day — Come out and volunteer are have spaghetti for lunch or dinner. • There will not be a November meeting. Next meeting date will be December 3rd at 3:00 pm. More information to come on December 3rd meeting. Laura Ritter made a motion to adjourn meeting and Loretta Schneider 2nd the motion. Submitted by Sharon Bergman Administrative Assistant CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Board Meeting: Thursday, November 20th, 2014 @ 7am Cape Girardeau Public Library, Cape Girardeau, MO ATTENDANCE Present: Sheryl Smith, Joan Slaughter, Fran Austin, Stan Irwin, Kevin Greaser, Ed Thompson, John McGowan, Amy Trueblood, Angel Hillman Also present: Director Betty Martin, Linda Bailiff The meeting was called to order at 7:05 am. MINUTES The October minutes were reviewed. John made a motion to approve the minutes, seconded by Sheryl. Motion passed. BILLS The bills were presented for approval. Amy made a motion to approve payment of the bills, seconded by Ed. Motion passed. DIRECTOR'S Upcoming Programs: Creating a Shutterfly Photobook program will be held on REPORT Saturday, Dec 6th. The Spanish Language Conversation Club is meeting every BETTY MARTIN Thursday at 6:30pm. RockStar Fitness is scheduled for December 13th at 1:30 and the Model Trains will be on display beginning December 27th. Staff: Extended Leave Policy: Currently the library policy states when a staff member goes on "unpaid" leave, the staff member must pay their insurance premiums. Ed made a motion to change the policy to match the City of Cape, where the library will pay the insurance premiums throughout the 12 weeks of extended leave. Sheryl seconded the motion. Motion passed. Retirement Investment Review: The annual review with Principal Financial and Ron Hahs resulted in one fund change. All participating staff members were informed of this change. Health Insurance: There will be no insurance premium increase this year. The City is offering two more options with a more narrow network and additional money in paychecks. Hartle's Senior Housing Project: This project has not been approved for tax credits because part of the land is in a flood plain. Tree removal and land grading are taking place to fix the problem. Tax credits will be applied for again when the work is done. Ameren has requested a property easement to move a pole from the street side of the sidewalk to the other side and onto the library property. This is for a new overhead electric supply line between a new Hitt substation and the current Clark St. Substation. They have offered to pay the library $9500 for the easement. City Attorney Eric Cunningham has looked at the contract and made a couple of recommendations. He has also asked the City engineer to double check the property lines before the contract is signed. Library website: Chilton's Database has two new services: practice tests for mechanics and an estimator for car repairs. The "Buy It Now" button takes buyers to Amazon for shopping, with a small percentage of the sale going to benefit the library. There is no additional cost to the buyer. BUILDING The Request for Proposal ran in the paper for three days. There were 13 requests COMMITEE for plans. Kiefner, Zoellner & BMAC attended the preconstruction meeting on November 18th. The bid opening is tentatively scheduled for November 25th at 4pm. There will be two addendums: Youth Services program room floor refinish and painting various surfaces inside and outside the library building. FRIENDS The Spelling Bee Committee is seeking $150 sponsors and one $500 sponsor. ADJOURNMENT Ed made a motion to adjourn the meeting, seconded by Angel. Meeting adjourned at 7:50 am. NEXT MEETING No December Meeting Next Meeting: January 22nd 7:30 am @ the Library Recorder — Linda Bailiff 2