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HomeMy WebLinkAboutCouncil.Agenda.02-04-2019.PacketBob Fox, Mayor Dan Presson, Ward 1 Shelly Moore, Ward 2 Victor Gunn, Ward 3 Robbie Guard, Ward 4 Ryan Essex, Ward 5 Stacy Kinder, Ward 6 February 4, 2019 5:00 PM Invocation Reverend Tyler Tankersley of First Baptist Church in Cape Girardeau Pledge of Allegiance Study Session No action will be taken during the study session Presentations City Council Chambers City Hall 401 Independence Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncil • Recognition of Mark Majoros for Retirement from the Police Department • Paint for a Cause - Missouri Bicentennial presentation - Aaron Horrell Communications/Reports • City Council Staff Items for Discussion • Capital Improvement Program Discussion • Appearances regarding items not listed on the agenda This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager if action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes. The timer will buzz at the end of the speaker's time. • Agenda review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings Appearances regarding Items Listed on the Agenda Individuals who wish to make comments regarding items listed on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must stand at the public microphone and state his/her name and address for the record. The timer will buzz at the end of the speaker's time. 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 January 22, 2019, City Council regular session and closed session minutes. 2. BILL NO. 19-12, an Ordinance appropriating monies from the General Fund to upgrade the current 911 Dispatch Software. Second and Third Readings. 3. BILL NO. 19-13, an Ordinance approving the Record Plat of Harvey Sherwood Extension Subdivision. Second and Third Readings. 4. BILL NO. 19-14, an Ordinance accepting a General Warranty Deed from Wright Properties III, LLC, and Wright Properties IV, LLC, for property located at 1207 North Main Street and 1003 North Fountain Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. 5. BILL NO. 19-15, a Resolution authorizing the City Manager to execute an Agreement with Koehler Engineering and Land Surveying, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. Reading and Passage. 6. BILL NO. 19-16, a Resolution authorizing the City Manager to execute an Agreement with Intuition & Logic Engineering, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. Reading and Passage. 7. BILL NO. 19-17, a Resolution authorizing the City Manager to execute an Agreement with Woodard & Curran, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. Reading and Passage. 8. BILL NO. 19-18, a Resolution authorizing the City Manager to execute an Agreement with Crawford, Murphy & Tilly for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. Reading and Passage. 9. BILL NO. 19-19, a Resolution authorizing the City Manager to execute an Agreement with Bowen Engineering & Surveying, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. Reading and Passage. 10. BILL NO. 19-20, a Resolution authorizing the City Manager to execute an Agreement with Horner & Shifrin, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. Reading and Passage. 11. BILL NO. 19-21, a Resolution authorizing the City Manager to execute an Agreement with Stantec Consulting Services, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. Reading and Passage. 12. BILL NO. 19-22, a Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with EED Development, L.L.C., for The Lochs at Dalhousie - Phase V, in the City of Cape Girardeau, Missouri. Reading and Passage. 13. BILL NO. 19-24, a Resolution authorizing the City Manager to execute an agreement with KT Power Systems, Inc., for the Water Treatment Plant No. 1 Automatic Transfer Switch Replacement Project, in the City of Cape Girardeau, Missouri. Reading and Passage. 14. Bill NO 19-25, a Resolution authorizing the City Manager to execute an agreement with Ronald Kuccerra Jr. for the 2018 Flood Buyout Program to demolish 1207 North Main Street, in the City of Cape Girardeau, Missouri. Reading and Passage. 15. Bill NO 19-26, a Resolution authorizing the City Manager to execute an agreement with Steve's Hauling & Excavating for the 2018 Flood Buyout Program to demolish 1003 North Fountain Street, in the City of Cape Girardeau, Missouri. Reading and Passage. 16. BILL NO. 19-27, a Resolution of the City of Cape Girardeau, Missouri, stating intent to seek funding through the Land and Water Conservation Fund, and authorizing the City manager to pursue activities to secure funding, and to execute all necessary grant documents. Reading and Passage. 17. Acceptance of public improvements to serve the Burger King Restaurant & Future Corporate Headquarters Facilities at 195 South Mount Auburn Road. Items Removed from Consent Agenda New Ordinances 18. BILL NO. 19-23, an Ordinance approving the Record Plat of The Lochs at Dalhousie - Phase V. First Reading. 19. Bill No. 19-28, an Ordinance amending Chapter 24 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by adding a new article VI related to regulation of public rights-of-way. First Reading. Appointments Other Business Meeting Adjournment Closed 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, vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, personnel issues, or confidential or privileged communications with its attorneys. Legal actions and litigation, confidential communications with legal counsel, and property transactions, pursuant to RSMo. Sections 610.021 (1), and (2). Memos • Appointment to the Airport Advisory Board • FY20 Budget and Activity Report for VisitCape (Cape Girardeau Convention & Visitors Bureau) Advisory Board Minutes 0 Advisory Board Minutes Staff: Bruce Taylor, Deputy City Clerk Agenda: 2/4/2019 SUBJECT Approval of the January 22, 2019, City Council regular session and closed session minutes. ATTACHMENTS: Name: Description: CI 2019.01.22 RegularsessionMinutes.pdf Minutes 2019-01-22 regular session DRAFT Regular January 22, 2019 KK -203 REGULAR SESSION — January 22, 2019 C�M0W111X/7i7]04IS The Cape Girardeau City Council convened in regular session on Tuesday, January 22, 2019, at 6:15 p.m., with Mayor Bob Fox presiding and Council Members Ryan Essex, Robbie Guard, Victor Gunn, Stacy Kinder, Shelly Moore, and Daniel Presson present. ADOPTION OF THE AGENDA A Motion was made by Victor Gunn, Seconded by Robbie Guard to approve and adopt the Agenda. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore, Presson. APPEARANCES None. CONSENT AGENDA Approval of the January 7, 2019, City Council regular session minutes. BILL No. 19-02, an Ordinance authorizing the City Manager to execute Amendment #2 to the State Block Grant Agreement with the Missouri Highways and Transportation Commission to fund the Acquisition of an Aircraft Rescue Fire Fighting Vehicle, at the Cape Girardeau Regional Airport. Second and Third Readings. BILL NO. 19-03, an Ordinance authorizing the City Manager to execute a State Block Grant Agreement with the Missouri Highways and Transportation Commission for a Snow Removal Equipment Vehicle, at the Cape Girardeau Regional Airport. Second and Third Readings. BILL NO. 19-06, an Ordinance amending Schedule A of Section 26-228 of the City Code, by amending the speed limit along Ritter Drive and a portion of Forest Avenue, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 19-07, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 921 South Silver Springs Road, in the City and County of Cape Girardeau, Missouri, from R-1 to C-2. Second and Third Readings. BILL NO. 19-08, an Ordinance granting a Special Use Permit to Derek and Karla Cornelius, for purposes of constructing, maintaining, and operating a billboard at 3849 Business Park Place, in the City and County of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 19-09, an Ordinance granting a Special Use Permit to Paul Bradley Russom and Bluff City Beer Company, for purposes of constructing, maintaining, and operating a vehicle body and paint shop at 450 Siemers Drive, in the City and County of Cape Girardeau, Missouri. Second and Third Readings. DRAFT Regular January 22, 2019 KK -204 BILL NO. 19-10, an Ordinance authorizing the issuance of Special Tax Bills on properties for the demolition of dangerous buildings and for nuisance abatements under the provisions of Chapter 7 and Chapter 13 of the Code of Ordinances of the City of Cape Girardeau. Second and Third Readings. A Motion was made by Robbie Guard, Seconded by Ryan Essex to approve and adopt. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore, Presson. Bill No. 19-02 will be Ordinance No. 5151; Bill No. 19-03 will be Ordinance No. 5152; Bill No. 19-06 will be Ordinance No. 5153; Bill No. 19-07 will be Ordinance No. 5154; Bill No. 19-08 will be Ordinance No. 5155; Bill No. 19-09 will be Ordinance No. 5156; and Bill No. 19-10 will be Ordinance No. 5157. NEW ORDINANCES BILL NO. 19-12, an Ordinance appropriating monies from the General Fund to upgrade the current 911 Dispatch Software. First Reading. A Motion was made by Robbie Guard, Seconded by Shelly Moore to approve. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore, Presson. BILL NO. 19-13, an Ordinance approving the Record Plat of Harvey Sherwood Extension Subdivision. First Reading. A Motion was made by Robbie Guard, Seconded by Ryan Essex to approve. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore, Presson. BILL NO. 19-14, an Ordinance accepting a General Warranty Deed from Wright Properties III, LLC, and Wright Properties IV, LLC, for property located at 1207 North Main Street and 1003 North Fountain Street, in the City of Cape Girardeau, Missouri. A Motion was made by Dan Presson, Seconded by Shelly Moore to approve. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore, Presson. APPOINTMENTS Appointment to the Tree Board A Motion was made by Dan Presson, Seconded by Shelly Moore to appoint Robert Harris and Sven Svenson to the Tree Board for terms expiring February 1, 2022. Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore, Presson. DRAFT Regular January 22, 2019 KK -205 MEETING ADJOURNMENT A Motion was made by Robbie Guard, Seconded by Shelly Moore to adjourn from regular session and to convene to closed session for legal actions and litigation, and confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), (2). and (3). Motion passed. 7-0. Ayes: Essex, Fox, Guard, Gunn, Kinder, Moore, Presson. The Regular Session ended at 6:22 p.m. Gayle L. Conrad, City Clerk Bob Fox, Mayor Staff: W Victor Brownlees - Deputy Agenda: Finance Director. 2/4/2019 SUBJECT An Ordinance appropriating funds for expenditures to upgrade 911 dispatch software pursuant to an agreement with Cape Girardeau County and the City of Jackson, for the fiscal year ending June 30, 2019. EXECUTIVE SUMMARY This Ordinance appropriates expenditures totaling up to $150,000 from unreserved General Fund balances, being the City's contribution of 50% towards an upgrade to the 911 dispatch software utilized by the City, Cape Girardeau County and the City of Jackson. BACKGROUND/DISCUSSION Sheriff Dickerson of Cape Girardeau County recently received a grant to upgrade the RMS (record management system) and CAD (computer aided dispatch) modules of the 911 dispatch software used by City of Cape Girardeau, City of Jackson, and County of Cape Girardeau. However, the need was identified also to replace the critical 911 answering module currently in use, as it has reached the end of its useful life and is no longer supported. This expenditure is not covered by grant funding. The quote for replacing this module is $299,894.11, with the City's share set at 50%. FINANCIAL IMPACT This expenditure is covered by unreserved balances in the City's General Fund. STAFF RECOMMENDATION Staff recommends Council approval of this ordinance. ATTACHMENTS: Name: Description: I Appropriaition ordinance -911 Software Upgrade.doc Ordinance BILL NO. 19-12 ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FROM THE GENERAL FUND TO UPGRADE THE CURRENT 911 DISPATCH SOFTWARE 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 appropriates funds from revenues from the City's General Fund for up to One Hundred Fifty Thousand ($150,000.00) for an upgrade to the current 911 dispatch software pursuant to an agreement with the City, Cape Girardeau County, and the City of Jackson. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk Staff: Ryan Shrimplin, AICP - City Agenda: Planner 2/4/2019 SUBJECT An Ordinance approving the Record Plat of Harvey Sherwood Extension Subdivision. EXECUTIVE SUMMARY The attached ordinance approves a record plat for a three (3) lot subdivision at 2464 Brookwood Drive. BACKGROUND/DISCUSSION A record plat has been submitted for Harvey Sherwood Extension Subdivision, located at 2464 Brookwood Drive. The property is zoned R-1 (Single -Family Suburban Residential). The plat resubdivides two (2) tracts to create three (3) new lots. A variance is shown for a reduced lot width for the portion of Lot #3 fronting on Sherwood Drive. Staff supports the variance because this is the secondary frontage; the primary frontage, located on Brookwood Drive, does meet the minimum lot width requirement. In addition, an exception is shown for the omission of the required ten (10) foot utility easement along the rear lot line of all lots. Staff supports the exception because there are no existing or proposed utilities in the location where the easement is required. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its January 9, 2019 meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 1 abstaining. ATTACHMENTS: Name: ❑ Record Plat Harvev Sherwood Subdivision.doc ❑ Staff Review Referral Action Form.pdf ❑ Map - Harvey Sherwood Extension Subdivision.pdf ❑ Application - Harvey Sherwood Ext Subd.pdf ❑ HARVEY SUB EXT REV 123118.pdf Description: Ordinance Harvey Sherwood Extension Subdivision - Staff RRA Form Harvey Sherwood Extension Subdivision - Map Harvey Sherwood Extension Subdivision - Application Harvey Sherwood Extension Subdivision - Record Plat BILL NO. 19-13 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF HARVEY SHERWOOD EXTENSION SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Harvey Sherwood Extension Subdivision, being all of Lot numbered Ten (10), in Block numbered One (1) of Brookwood Hills Subdivision as recorded in Plat Book #6, at Page #9, and that part of fractional Section 25, Township 31 North, Range 13 East of the Fifth Principal Meridian in the City and County of Cape Girardeau, State of Missouri, submitted by Kathi Harvey and Mickey Harvey, bearing the certification of Scott A. Richards, a Registered Land Surveyor, dated the 20th day of September, 2018, including all variances and exceptions, 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 , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Harvey Sherwood Extension Subdivision LOCATION: Brookwood Drive STAFF REVIEW & COMMENTS: A record plat has been submitted which resubdivides two (2) tracts to create four (4) lots at 2464 Brookwood Drive. SEE STAFF REPORT FOR MORE DETAILS. City Planner City Atto y ul' l y Date CITY MAIAGER REFERRAL TO THE PLANNING AND Z Date ity Manager Date Planning & Zoning Commission RECOMMENDED ACTION: Favo Oppose Larry Dowdy ❑ Jeff Glenn Cr ❑ Kevin Greaser Derek Jackson Patrick Koetting VOTE COUNT: COMMENTS: ■ ■ 1 ■ � ■ Abstain Favor ❑ Bruce Skinner ❑ Doug Spooler ir Ed Thompson ❑ Tom Welch Ll qFavor 0 CITIZENS COMMENTING AT MEETING: Oppose l Oppose Abstain ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ 1a, Abstain Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3rd Reading: ORDINANCE # Effective Date: Harvey Sherwood Extension Subdivision SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU / DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat: Preliminary, Record, or Boundary Adjustment hS Applican t'Qik'� L. H-Gnfe_!�A Property Owner of Record (if other than Applicant) - Mailing Address City, State, Zip j„z,�Dr Mailing Ad ess r� City, State, Zip Z - f 5 r rd rcRrc�l°ak Telephone Email Telephone Email Y,(Art I A'aI�,c'0(h Contact Person (ifApplicant is a Business or rganization) (Attach additional owners information, if necessary) Professiopal Engineer/Surveyor(if other than Applicant) Developer (if other than Applicant) k ML-c.� _�!LC--)L'(rVeLA Mailing Address City, State,ze W 63701Mailing Address City, State, Zip L Telephone Email I Telephone Email ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED — Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum) See Instructions for more Non -Residential : $20.00 per acre ($100.00 minimum) information. _ Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat 18” x 24" $44.00 $24.00 24" x 36" $69.00 $29.00 (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) —Two (2) full size prints of the plat Digital file of the plat in .pdf format (can be emailed) CERTIFICATION I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. I further acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and a deed ensuring the perpetual maintenance and supervision of the common land and/or elements by trustees prior to recording of the record plat. Applicant Signature and P . ed Name OFFICE USE ONLY Date Received & By I r" MUNIS Application No. Planning & Zoning Commission Recommendation City Council Final Action Date Date Date Revised 07/11/2016 MAIN REFERENCE SOURCE IS: SOUTHERN BANK, LOCATED IN DOCUMENT #2018-09047 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI. SUBDIVISION DEDICATION RECORD PLAT HARVEY SHERWO017 EXTENSION WE THE UNDERSIGNED, KATHI HARVEY AND MICKEY HARVEY, HUSBAND AND WIFE, OWNERS OF ALL OF LOT NUMBERED TEN (10), IN BLOCK NUMBERED ONE (1) OF BROOKWOOD HILLS SUBDIVISION AS RECORDED IN PLAT BOOK #6, AT PAGE #9, AND THAT PART OF FRACTIONAL SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 1/2" Iron Rod at the Southeast Corner of said Lot Numbered Ten (10), Block numbered One (1) of Brookwood Hills Subdivision; thence S.88°52'01 "W., along the Northerly Right -of -Way Line of Brookwood Drive, a distance of 1.32 feet to a Point and a Curve to the Left having a Radius of 79.96 feet; thence along said Curve a Length of 63.74 feet (Chord bears S.65°06'15"W., a distance of 62.06 feet) to an Iron Pipe; thence departing from said Right -of -Way, N.47°48'17"W., a distance of 256.50 feet to a 1/2" Iron Rod; thence N.01 °04'20"W., a distance of 200.00 feet to a 1/2" Iron Rod on the South Right -of -Way Line of Sherwood Drive; thence N.89°01'07"E., along said Right -of -Way, a distance of 244.60 feet to a 1/2" Iron Rod; thence departing from said Right -of -Way, S.01°07'03"E., a distance of 350.35 feet to the POINT OF BEGINNING. Containing 1.710 acres, more or less, in the City and County of Cape Girardeau, Missouri. As per Survey by Scott A. Richards, Professional Land Surveyor #2359, dated September 20th 2018. HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED "HARVEY SHERWOOD EXTENSION SUBDIVISION". THE UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT AND EXPANSION OF SUCH UTILITY SYSTEMS, IN WITNESS WHEREOF, SIGNED THIS _____ DAY OF ------------ 20__ A.D. -------------------------------- KATHI HARVEY MICKEY HARVEY STATE OF MISSOURI ) COUNTY OF BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED KATHI HARVEY AND MICKEY HARVEY, HUSBAND AND WIFE, WHO, BEING BY ME DULY SWORN, DID SAY THAT THEY ARE THE PERSONS DESCRIBED HEREIN AND THAT THEY EXECUTED THE WITHIN RECORD PLAT ON THEIR BEHALF, AND ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME FOR THE PURPOSES THEREIN STATED AS THEIR FREE ACT AND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL IN THE COUNTY AND STATE AFORESAID, THE DATE FIRST ABOVE WRITTEN. NOTARY PUBLIC MY COMMISSION EXPIRES:____ I, _ CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. PASSED AND APPROVED THIS DAY OF 20__ A.D. SUBDIVISION REFERENCES ALL OF LOT NUMBERED TEN (10), IN BLOCK NUMBERED ONE (1) OF BROOKWOOD HILLS SUBDIVISION AS RECORDED IN PLAT BOOK #b, AT PAGE #9, AND THAT PART OF FRACTIONAL SECTION 25, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI -R/W- — \-R/W- — (NOW OR FORMERLY) DEBORAH W155MAN DOC. #2012-1 1694 EXTENTION OF 25' EASEMENT FOR SERVICE POWER LINES, DRAINAGE OR SEWER LINES y t" , (NOW OR FORMERLY) 25 BONNIE COCHRAN n DOC. #201,5-0 1 847 7�d (NOW OR FORMERLY) WG DOCUMENT #2018-09047 0 (MAIN REFERENCE) STEVEN McCAKTHY DOCUMENT #2010-00102 CALCULATED CORNER POSITION (ADJOINER) FOUND AXLE WITH 3" HUB DOC. #2017-06717 G DOCUMENT #2014-10514 FOUND STONE CAIRN (ADJOINER) AS NOTED x DOCUMENT #2012-11694 BOUNDARY LINE (ADJOINER) FORMER LOT LINE DOCUMENT #2018-01847 EXISTING EASEMENT (ADJOINER) PROPOSED EASEMENT -R/W- DOCUMENT #2017-06717 0.275 AC. 0 N (ADJOINER) EXISTING 25' EASEMENT PLAT BOOK #6, PAGE #9 �— FOR SERVICE POWER 25 PRIOR SURVEYS BY P.L.S. #2232 LINES, DRAINAGE OR SEWER— PRIOR SURVEYS BY P.L.S. #1627 LINES (P.B. #6, PAGE #9) PRIOR SURVEYS BY P.L.S. #1518 PRIOR SURVEYS BY P.L.S. #2359 AERIAL PHOTOGRAPH #15-908 FLOODPLAIN INFORMATION SUBJECT PROPERTY LIES IN ZONE "X", AN AREA DETERMINED TO BE OUTSIDE OF THE 0.20% ANNUAL FLOOD PLAIN AS SHOWN ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL NO. 29031 CO258E, WHICH BEARS AN EFFECTIVE DATE OF SEPTEMBER 29TH, 2011. LEGEND CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI O SET 1/2" ROD AND CAP VICINITY MAP u LIRA � 3 F MBAOW AVE OLMRIOGE M � z � PROJECT AREA ALBERTeLYNNVMDOD OR Rr� OR "RASCMoR DR CT � � 3 • FOUND IRON ROD 0 FOUND IRON PIPE ■ FOUND STONE O CALCULATED CORNER POSITION 7.53'z 97.53'- FOUND AXLE WITH 3" HUB oV) EXISTING FENCE INTERSECTION OO FOUND STONE CAIRN — AS NOTED P.O.B. POINT OF BEGINNING BOUNDARY LINE FORMER LOT LINE SETBACK LINE w EXISTING EASEMENT L 4#2 PROPOSED EASEMENT -R/W- R.O.W. LINE ZONING INFORMATION -R/W — -1 FOR: KATHI & MICKEY HARVEY CAPE GIRARDEAU, MISSOURI PLAT PREPARED BY AND LAND SURVEYING PROVIDED BY RICHARDS LAND SURVEYING (RICHARDS LAND SURVEYING L.L.C.) 1813 GREENBRIER DRIVE CAPE GIRARDEAU, MISSOURI 63701 (573) 339-7473 - R/W SHERWOOD DRIVE (50' R.O.W.) 1 / 0' UTILITY EASEMENT N89°01'07"E M 244.60' w �-49 53- ww 97.53' _ 7.53'z 97.53'- oV) z F- 30' S.B.L. — cn O N o N (TYP.) o o o w aOo F#1 W L 4#2 W ::-5 Ln �,: 0 0.275 AC. 0 N 0.275 AC. 0 r4 ;- �— N 6' S.B.L.—�v ,�;m6' S.B.L. 25' S.B.L. 25' S.B.L. i I 97.56' - - 97.56' 6'" I S89°01'07"W S89°01'07"W S.B.L. I �- 25' S.B.L. o Ln I o o NORTH LINE OF LOT #10, IN I cn 8' BLOCK #1 OF BROOKWOOD I W 1 HILLS P.B. #6, PAGE #9 �EXISTMG 8' tiQ dOO4 #3 POWERLINE EASE. N . (P B 6 PAGE 9) V NOTE #1: AN EXCEPTION IS SHOWN FOR THE OMISSION OF THE REQUIRED 10 FT. UTILITY EASEMENT ALONG THE REAR LINES OF ALL LOTS. NOTE #2: A VARIANCE IS SHOWN FOR A REDUCED LOT WIDTH FOR LOT #3 ALONG SHERWOOD DRIVE R-1 SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT BUILDING SETBACKS FRONT YARD = THIRTY (30) FEET (UNLESS OTHERWISE NOTED) SIDE YARD = SIX (6) FEET (UNLESS OTHERWISE NOTED) REAR YARD = TWENTY-FIVE (25) FEET (UNLESS OTHERWISE NOTED) MAXIMUM HEIGHT = 2112 STORIES, NOT TO EXCEED THIRTY-FIVE (35) FEET MINIMUM LOT AREA = TEN THOUSAND (10,000) SQUARE FEET MINIMUM LOT WIDTH = EIGHTY (80) FEET NUMBER OF LOTS: 3 LARGEST LOT AREA: 50,509 SQ. FT. (1.160 AC.) SMALLEST LOT AREA: 11,998 SQ. FT. (0.275 AC.) TOTAL AREA: 74,505 SQ. FT. (1.710 AC.) FRONT SETBACK FOR LOT #3 IS 35 FEET PER RESTRICTIONS OF BROOKWOOD HILLS SUBDIVISION PLAT BOOK #6, AT PAGE #9 SIDE SETBACK FOR A PORTION OF THE WEST LINE OF LOT #3 IS 25 FEET BECAUSE OF THE EXISTING CREEK R/W ' S.B.L. 70 003, O Z tA K�O y Z-� y 1O V1 NZO oat —D 0 rn —D 0=N z00^ o�z�w w Qz 01 Ll OO 1.160 AC. # # w N ~ �� U, EXISTING 4 POWERLINE V 6' S.B.L. 6' S.B.L.i EASEMENT (P.B. #6, Q Z) O LU PAGE #9) (TYP.) O0 - m 4, z(f)aa0 49 / 35' S.B.L. __I o m z EXISTING 4' U4 P.O.B. POWERLINE EASEMENT 10 S� S88°52'01 "W R/W LOT #111 S6S ��P�'irO�g 96 99.97' BLOCK#: �' �'�� S88'52'01 "W BROOIKW� -_ 1.32' BELLS SUBD: (NOW OR FORMERLY) R/W - R/W BLAINE * ELIZABETH BROOKWOOD DRIVE (50' R.O.W.) BRUNKHORST DOCUMENT #2010-00102 GRAPHIC SCALE 60 0 30 60 120 ( IN FEET ) URBAN SURVEY 1 inch = 60 ft. This is to certify that I, a Missouri Land Surveyor, have surveyed the property described in the above caption as shown by the annexed Plat, which Survey is true and correct and was executed to the best of my ability, in conformance with the current Minimum Standards for Property Boundary Surveys in the State of Missouri. Given under my hand and seal at Cape Girardeau, Missouri this 20th day of September, A.D. 2018. ------------------------- MISSOURI LAND SURVEYOR NO. 2359 STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU 240 FILED FOR RECORD THIS _____ DAY OF ________________ 20__ A.D. IN THE OFFICE OF THE RECORDER OF DEEDS IN CAPE GIRARDEAU COUNTY AT JACKSON, MISSOURI. DOCUMENT N0. ------------- ANDREW DAVID BLATTNER, RECORDER OF DEEDS W O Z o� coM CO Q � U� O � WZ m � Za W C2 V- 00 ry I I" :" . 1N o M w ww U w oV) U w (n m M Y O :�F Y t0 0) O M 00 w w QQo o U � N w Z > 0 O N N _ z w w w Y Q U w o a O = w F- w = C N Y U O W Q o > Z < Q M U (U!) _ O O w J C) Staff: Casey Brunke, P.E., City Engineer Agenda: 2/4/2019 SUBJECT An Ordinance accepting a General Warranty Deed from Wright Properties III, LLC, and Wright Properties IV, LLC, Missouri Limited Liability Companies for property located at 1207 N. Main St. and 1003 N. Fountain in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION February 5th, 2018 Resolution No. 3146 was passed accepting the intent of the city of Cape Girardeau, Missouri to seek funding through the Hazard Mitigation grant program to make funds available for the locale match requirement to buy flood damaged homes through the Missouri State Emergency Management Agency (SEMA) to the Federal Emergency Management Agency (FEMA) for funding from the Hazard Mitigation Grant Program. 1207 N. Main St.and 1003 N. Fountain are the properties identified through this program. Two General Warranty Deeds has been prepared to convey the property to the City. FINANCIAL IMPACT The City is paying $76,000 for the houses but is expecting reimbursement from SEMA for the amount of $57,000 with the City of Cape Girardeau's match being $19,000 for 1207 N. Main Street.and 1003 N. Fountain. STAFF RECOMMENDATION Staff recommends approval of the Ordinance accepting the General Warranty Deed from the Wright Properties III, LLC, and Wright Propeties IV, LLC Missouri Limited Liability Companies for property at 1207 N. Main St. and 1003 N. Fountain St. and the City Manager to sign the Restrictions ATTACHMENTS: Name: Description: ❑ General Warranty Deed Wright Properties 1207 N. Main 1003 N. Fountain.doc Ordinance ❑ 1003 N. Fountain GWD.pdf 1003 N. Fountain 0 1207 N. Main St. GWD.pdf 1207 N. Main BILL NO. 19-14 ORDINANCE NO. AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM WRIGHT PROPERTIES III, LLC, AND WRIGHT PROPERTIES IV, LLC, FOR PROPERTY LOCATED AT 1207 NORTH MAIN STREET AND 1003 NORTH FOUNTAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a General Warranty Deed from Wright Properties III, LLC, and Wright Properties IV, LLC, Missouri Limited Liability Companies, for property located at 1207 N. Main Street and 1003 N. Fountain Street, in the City of Cape Girardeau, Missouri, described as follows: 1207 N. Main Street All of Lot Ten (10) in block Eight (8) of Robertson and Gale's Subdivision in the City of Cape Girardeau, Missouri as shown by plat recorded in Plat Book 2 at Page 20, land records of Cape Girardeau County, Missouri 1003 N. Fountain Street All of Lot Ten (10) in Block Eight (8) in the Marble City Heights Addition to the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 36. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk 1 Title of Document: General Warranty Deed Date of Document: .2019 Grantor: Wright Properties IV, LLC 1003 N. Fountain St. Grantor's Address: 2409 Terrie Hill Road Cape Girardeau, Missouri 63701 Grantee: City of Cape Girardeau Grantee's Address: 401 Independence Street Cape Girardeau, Missouri 63703 Legal Description: See Following Pages GENERAL WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: That on this day of , 2019, that Wright Properties IV, LLC A Missouri Limited Liability Company, GRANTORS, in consideration of Ten Dollars ($10.00) and other valuable consideration, to them paid by the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation organized and existing under the laws of the State of Missouri, of the County of Cape Girardeau in the State of Missouri, GRANTEE, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the Grantee, its successors and assigns, the following described parcel of land, lying, being and situated in the City and County of Cape Girardeau and State of Missouri, to -wit: All of Lot Ten (10) in Block Eight (8) in the Marble City Heights Addition to the City of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 2 at Page 36. TO HAVE AND TO HOLD the premises aforesaid, with all the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto GRANTEE and unto its successors and assigns, forever; GRANTORS hereby covenanting that they are lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that they have good right to convey the same; that said premises are free and clear of any encumbrance done or suffered by them or those under whom they claim, and that they will warrant and defend the title to the said premises unto GRANTEE, and unto its successors and assigns, forever against the lawful claims and demands of all persons whomsoever. However, this conveyance is subject to the Restrictions set out in Exhibit A, which is attached hereto and incorporated herein by reference. [Remainder of Page Intentionally Left Blank. Signature Page to Follow.] IN WITNESS WHEREOF, the undersigned has executed this General Warranty Deed this day of 12019. Wanda L Wright Wright Properties IV LLC. STATE OF ) ss. COUNTY OF ) BE IT REMEMBERED, that on this day of , 2019 before me, the undersigned notary public, personally appeared Wanda L Wright who being by me duly sworn, did state that she is the authorized representative for Wright Properties IV LLC, a Missouri Limited Liability Company and that the within instrument was executed on behalf of said Wright Properties IV LLC, a Missouri Limited Liability Company and acknowledged that she has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Commission Expires: Exhibit A In reference to the property located at: 1003 N. Fountain St, Cape Girardeau, MO conveyed by the Deed between Wright Properties IV, LLC participating in the federally -assisted acquisition project Wright Properties, IV, LLC (the Grantor) and the City of Cape Girardeau ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program, including the acquisition and relocation of structures in the floodplain; WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, The State of Missouri has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement dated July 28, 2018 with FEMA and herein incorporated by reference; making it a mitigation grant program grantee. WHEREAS, the Property is located in Cape Girardeau and Cape Girardeau County participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; WHEREAS, the City of Cape Girardeau acting by and through the city of Cape Girardeau City Council, has applied for and been awarded federal funds pursuant to an agreement with Missouri State Emergency Management Agency Hazard Mitigation Grant Program City of Cape Girardeau Flood Buyout (FEMA - DR -4317 -MO, Project #0012) July 23, 2018, and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Hazard Mitigation Grant Program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph La., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NEW for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. C. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years on June 30, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or C) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU Scott Meyer, City Manager BE IT REMEMBERED, that on this day of , 2019, before me personally appeared Scott Meyer, to me personally known, who being by me duly sworn did say that he is City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the official seal of the said City, and that the said instrument was signed and sealed on behalf of the said City by authority of its City Council, and acknowledged the said instrument to be the free act and deed of the 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: Title of Document: General Warranty Deed Date of Document: .2019 Grantor: Wright Properties III, LLC 1207 N. Main St. Grantor's Address: 2409 Terrie Hill Road Cape Girardeau, Missouri 63701 Grantee: City of Cape Girardeau Grantee's Address: 401 Independence Street Cape Girardeau, Missouri 63703 Legal Description: See Following Pages GENERAL WARRANTY DEED KNOW ALL PERSONS BY THESE PRESENTS: That on this day of , 2019, that Wright Properties III, LLC A Missouri Limited Liability Company, GRANTORS, in consideration of Ten Dollars ($10.00) and other valuable consideration, to them paid by the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation organized and existing under the laws of the State of Missouri, of the County of Cape Girardeau in the State of Missouri, GRANTEE, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the Grantee, its successors and assigns, the following described parcel of land, lying, being and situated in the City and County of Cape Girardeau and State of Missouri, to -wit: All of Lot Ten (10) in block Eight (8) of Robertson and Gale's Subdivision in the City of Cape Girardeau, Missouri as shown by plat recorded in Plat Book 2 at Page 20, land records of Cape Girardeau County, Missouri TO HAVE AND TO HOLD the premises aforesaid, with all the rights, privileges, appurtenances and immunities thereto belonging or in anywise appertaining unto GRANTEE and unto its successors and assigns, forever; GRANTORS hereby covenanting that they are lawfully seized of an indefeasible estate in fee in the premises herein conveyed; that they have good right to convey the same; that said premises are free and clear of any encumbrance done or suffered by them or those under whom they claim, and that they will warrant and defend the title to the said premises unto GRANTEE, and unto its successors and assigns, forever against the lawful claims and demands of all persons whomsoever. However, this conveyance is subject to the Restrictions set out in Exhibit A, which is attached hereto and incorporated herein by reference. [Remainder of Page Intentionally Left Blank. Signature Page to Follow.] IN WITNESS WHEREOF, the undersigned has executed this General Warranty Deed this day of , 2019. Walter J Wright Wright Properties IV LLC. STATE OF ) ss. COUNTY OF ) BE IT REMEMBERED, that on this day of , 2019 before me, the undersigned notary public, personally appeared Walter J Wright who being by me duly sworn, did state that he is the authorized representative for Wright Properties III LLC, a Missouri Limited Liability Company and that the within instrument was executed on behalf of said Wright Properties III LLC, a Missouri Limited Liability Company and acknowledged that he has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Commission Expires: Exhibit A In reference to the property located at: 1207 N. Main St, Cape Girardeau, MO conveyed by the Deed between Wright Properties 111, LLC participating in the federally -assisted acquisition project Wright Properties,111, LLC (the Grantor) and the City of Cape Girardeau ("the Grantee"), its successors and assigns: WHEREAS, The Robert T. Stafford Disaster Relief and Emergency Assistance Act, ("The Stafford Act"), 42 U.S.C. § 5121 et seq., identifies the use of disaster relief funds under § 5170c, Hazard Mitigation Grant Program, including the acquisition and relocation of structures in the floodplain; WHEREAS, the mitigation grant program provides a process for a local government, through the State, to apply for federal funds for mitigation assistance to acquire interests in property, including the purchase of structures in the floodplain, to demolish and/or remove the structures, and to maintain the use of the Property as open space in perpetuity; WHEREAS, The State of Missouri has applied for and been awarded such funding from the Department of Homeland Security, Federal Emergency Management Agency and has entered into a mitigation grant program Grant Agreement dated July 28, 2018 with FEMA and herein incorporated by reference; making it a mitigation grant program grantee. WHEREAS, the Property is located in Cape Girardeau and Cape Girardeau County participates in the National Flood Insurance Program and is in good standing with NFIP as of the date of the Deed; WHEREAS, the City of Cape Girardeau acting by and through the city of Cape Girardeau City Council, has applied for and been awarded federal funds pursuant to an agreement with Missouri State Emergency Management Agency Hazard Mitigation Grant Program City of Cape Girardeau Flood Buyout (FEMA - DR -4317 -MO, Project #0012) July 23, 2018, and herein incorporated by reference, making it a mitigation grant program subgrantee; WHEREAS, the terms of the mitigation grant program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement require that the Grantee agree to conditions that restrict the use of the land to open space in perpetuity in order to protect and preserve natural floodplain values; Now, therefore, the grant is made subject to the following terms and conditions: 1. Terms. Pursuant to the terms of the Hazard Mitigation Grant Program statutory authorities, Federal program requirements consistent with 44 C.F.R. Part 80, the Grant Agreement, and the State -local Agreement, the following conditions and restrictions shall apply in perpetuity to the Property described in the attached deed and acquired by the Grantee pursuant to FEMA program requirements concerning the acquisition of property for open space: a. Compatible uses. The Property shall be dedicated and maintained in perpetuity as open space for the conservation of natural floodplain functions. Such uses may include: parks for outdoor recreational activities; wetlands management; nature reserves; cultivation; grazing; camping (except where adequate warning time is not available to allow evacuation); unimproved, unpaved parking lots; buffer zones; and other uses consistent with FEMA guidance for open space acquisition, Hazard Mitigation Assistance, Requirements for Property Acquisition and Relocation for Open Space. b. Structures. No new structures or improvements shall be erected on the Property other than: i. A public facility that is open on all sides and functionally related to a designated open space or recreational use; ii. A public rest room; or iii. A structure that is compatible with open space and conserves the natural function of the floodplain, including the uses described in Paragraph La., above, and approved by the FEMA Administrator in writing before construction of the structure begins. Any improvements on the Property shall be in accordance with proper floodplain management policies and practices. Structures built on the Property according to paragraph b. of this section shall be floodproofed or elevated to at least the base flood level plus 1 foot of freeboard, or greater, if required by FEMA, or if required by any State, Tribal, or local ordinance, and in accordance with criteria established by the FEMA Administrator. c. Disaster Assistance and Flood Insurance. No Federal entity or source may provide disaster assistance for any purpose with respect to the Property, nor may any application for such assistance be made to any Federal entity or source. The Property is not eligible for coverage under the NEW for damage to structures on the property occurring after the date of the property settlement, except for pre-existing structures being relocated off the property as a result of the project. C. Transfer. The Grantee, including successors in interest, shall convey any interest in the Property only if the FEMA Regional Administrator, through the State, gives prior written approval of the transferee in accordance with this paragraph. i. The request by the Grantee, through the State, to the FEMA Regional Administrator must include a signed statement from the proposed transferee that it acknowledges and agrees to be bound by the terms of this section, and documentation of its status as a qualified conservation organization if applicable. ii. The Grantee may convey a property interest only to a public entity or to a qualified conservation organization. However, the Grantee may convey an easement or lease to a private individual or entity for purposes compatible with the uses described in paragraph (a), of this section, with the prior approval of the FEMA Regional Administrator, and so long as the conveyance does not include authority to control and enforce the terms and conditions of this section. iii. If title to the Property is transferred to a public entity other than one with a conservation mission, it must be conveyed subject to a conservation easement that shall be recorded with the deed and shall incorporate all terms and conditions set forth in this section, including the easement holder's responsibility to enforce the easement. This shall be accomplished by one of the following means: a) The Grantee shall convey, in accordance with this paragraph, a conservation easement to an entity other than the title holder, which shall be recorded with the deed, or b) At the time of title transfer, the Grantee shall retain such conservation easement, and record it with the deed. iv. Conveyance of any property interest must reference and incorporate the original deed restrictions providing notice of the conditions in this section and must incorporate a provision for the property interest to revert to the State, Tribe, or local government in the event that the transferee ceases to exist or loses its eligible status under this section. 2. Inspection. FEMA, its representatives and assigns including the state or tribe shall have the right to enter upon the Property, at reasonable times and with reasonable notice, for the purpose of inspecting the Property to ensure compliance with the terms of this part, the Property conveyance and of the grant award. 3. Monitoring and Reporting. Every three years on June 30, the Grantee (mitigation grant program subgrantee), in coordination with any current successor in interest, shall submit through the State to the FEMA Regional Administrator a report certifying that the Grantee has inspected the Property within the month preceding the report, and that the Property continues to be maintained consistent with the provisions of 44 C.F.R. Part 80, the property conveyance, and the grant award. 4. Enforcement. The Grantee (mitigation grant program subgrantee), the State, FEMA, and their respective representatives, successors and assigns, are responsible for taking measures to bring the Property back into compliance if the Property is not maintained according to the terms of 44 C.F.R. Part 80, the property conveyance, and the grant award. The relative rights and responsibilities of FEMA, the State, the Grantee, and subsequent holders of the property interest at the time of enforcement, shall include the following: a. The State will notify the Grantee and any current holder of the property interest in writing and advise them that they have 60 days to correct the violation. If the Grantee or any current holder of the property interest fails to demonstrate a good faith effort to come into compliance with the terms of the grant within the 60 -day period, the State shall enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to bringing an action at law or in equity in a court of competent jurisdiction. ii. FEMA, its representatives, and assignees may enforce the terms of the grant by taking any measures it deems appropriate, including but not limited to 1 or more of the following: a) Withholding FEMA mitigation awards or assistance from the State or Tribe, and Grantee; and current holder of the property interest. b) Requiring transfer of title. The Grantee or the current holder of the property interest shall bear the costs of bringing the Property back into compliance with the terms of the grant; or C) Bringing an action at law or in equity in a court of competent jurisdiction against any or all of the following parties: the State, the Tribe, the local community, and their respective successors. 5. Amendment. This agreement may be amended upon signatures of FEMA, the state, and the Grantee only to the extent that such amendment does not affect the fundamental and statutory purposes underlying the agreement. 6. Severability. Should any provision of this grant or the application thereof to any person or circumstance be found to be invalid or unenforceable, the rest and remainder of the provisions of this grant and their application shall not be affected and shall remain valid and enforceable. CITY OF CAPE GIRARDEAU, MISSOURI ATTEST: Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU Scott A. Meyer, City Manager BE IT REMEMBERED, that on this day of , 2019, before me personally appeared Scott A. Meyer, to me personally known, who being by me duly sworn did say that he is City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the official seal of the said City, and that the said instrument was signed and sealed on behalf of the said City by authority of its City Council, and acknowledged the said instrument to be the free act and deed of the 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: Staff: Casey Brunke, P.E., Assistant Agenda: Public Works Director 2/4/2019 SUBJECT A Resolution authorizing the City Manager to execute a General Services Agreement with Koehler Engineering and Land Surveying, Inc. for Parks and Recreation and Stormwater Phase 2 Projects. EXECUTIVE SUMMARY Seven General Services Agreements are being brought before Council tonight. The General Services Agreements will allow the City to issue Task Orders to any of the consultants for professional services necessary to complete the stormwater projects identified in the Parks and Recreation and Stormwater Phase 2 program. BACKGROUND/DISCUSSION On October 17, 2018, the City solicited Statements of Qualifications (SOQ's) from interested consultants for the Parks and Recreation and Stormwater Phase 2 Projects. Nine firms responded. After reviewing and scoring the SOQ's, seven consultants were invited to join the consultant pool. These firms are Bowen Engineering & Surveying, Inc., Crawford, Murphy & Tilly, Horner & Shifrin, Inc., Intuition & Logic Engineering, Inc., Koehler Engineering and Land Surveying, Inc., Stantec Consulting Services, Inc., and Woodard & Curran. The purpose of the attached General Services Agreement is to set the general contract provisions between the consultant and the City. From the General Services Agreement, Task Orders will be issued for defining the specific work, scope, and fee for each task. The City Manager will be authorized to sign the Task Orders on behalf of the City. FINANCIAL IMPACT Funds for these services will come from the Parks and Recreation and Stormwater Phase 2 sales tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS STAFF RECOMMENDATION Staff recommends the Council approve a Resolution authorizing the City Manager to enter into a General Services Agreement with Koehler Engineering and Land Surveying, Inc. PUBLIC OUTREACH Presentations were made to the public and to civic organizations prior to each vote for the Parks and Recreation and Stormwater Sales Tax. The citizens voted favorably for the second phase of the Parks and Recreation and Stormwater Sales Tax on April 3, 2018. ATTACHMENTS: Name: Description: C Agreement Koehler Eng Parks and Rec Stormwater Phase 2.doc Resolution ❑ Koehler GSA Executed.odf Koehler PRS2 GSA BILL NO. 19-15 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC., FOR PARKS AND RECREATION AND STORMWATER PHASE 2 PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Services Agreement with Koehler Engineering and Land Surveying, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY ofi CAPE GIRARDEAU PUBLIC WORKS DEPARTMENT CONTRACT For Parks and Recreation and Stormwater Phase 2 (PRS2) Projects CONSULTANT NAME: Koehler Engineering and Land Surveying, Inc. THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Koehler Engineering and Land Surveying, Inc., 194 Coker Lane, Cape Girardeau, Missouri 63701, hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through its Parks and Recreation and Stormwater Phase 2 (PRS2) Fund and various sources, the City intends to complete the Parks and Recreation and. Stormwater Phase 2 (PRS2) projects and requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design, and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: .ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE — The Consultant will if requested by the City: 1. determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydrologic/hydraulic studies, prepare alternativedesigns and cost estimates, develop preliminary plans; and recommend to the City the best overall general design based on these studies; 5. _ submit appropriate copies of preliminary plans, estimates _and/or studies for review by the, City; 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the. purpose of obtaining construction authorization from the City. B. BIDDING PHASE — The Consultant will if requested by the City: 1. assist the City in advertising for bids and evaluating bids. 2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to gross errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if allbids exceed Consultant's Estimate. The City may: (1) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: assist the City with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; -2- 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; 5. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; . 8. maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. structure layout; b.. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; C. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or. changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; -3- B. provide the Consultant with the City's requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed a Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: I. Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. -4- METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Pa i� In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of. foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the -5- Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. -6- ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII - INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant -7- and its employees, agents and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City based on the circumstances, the Consultant and his subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Tyne Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability, including: Comprehensive Automobile Liability, $420,606 each person Employer Liability, City's Protective Bodily Injury $2,804,046 each occurrence Including Death, and City's Protective Property Damage: The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection -8- and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2019, 2020, 2021, 2022, 2023, and 2024 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C —Affidavit of Participation in Federal Work Authorization Program -9- Executed by the Consultant this 21st day of December 20 18 Executed by the City this day of 20_ FOR: CITY OF CAPE GIRARDEAU IM ATTEST: Scott Meyer, City Manager Bruce Taylor, Deputy City Clerk FOR: KOEHLER ENGINEERING AND LAND SURVEYING, INC. BY: _ Christopher L. Koehler, President ATTEST: ( (fes -10- Attachment 'A' Rates for Professional Services KOEHLER ENGINEERING & LAND SURVEYING, INC. General Labor Rates for Standard Projects - 2019-2024: Parks and Recreation and Stormwater Phase 2 (PRS2) Projects (Classifications Listed Below; Standard M -F 8 hours between 8:00 to 5:00. OT will be charged at a rate of 1.5x standard rate) Employee Classification - Hourly Rate - 2019 2020 2021 2022 2023 2024 Expert Witness - $ 206.00 $ 212.18 $ 218.55 $ 225.10 $ 231.85 $ 238.81 Principal Engineer $ 150.00 $ 154.50 $ 159.14 $ 163.91 $ 168.83 $ 173.89 Sr. Professional Engineer (PE) $ 113.30 $ 116.70 $ 120.20 $ 123.81 $ 127.52 $ 131.35 - Professional Engineer (PE) $ 97.85 $- 100.79 $ 103.81 $ 106.92 $ 110.13 $ 113.43 Environmental Professional $ 97.85 $ 100.79 $ 103.81 $ 106.92 $ 110.13 $ 113.43 Registered Geologist $ 97.85 $ 100.79 $ 103.81 $ 106.92 $ 110.13 $ 113.43 Engineer II $ 72.10 $ 74.26 $ 76.49 $ 78.79 $ 81.15 $ 83.58 Engineer I $ 66.95 $ 68.96 $ 71.03 $ 73.16 $ 75.35 $ 77.61 Senior Engineering Technician $ 66.95 $ 68.96 $ 71.03. $ 73.16 $ 75.35 $ 77.61 Engineering Technician - $ 61.80 $ 63.65 $ 65.56 $ 67.53 $ 69.56 $ -71.64 Registered Land Surveyor -, $ 82.40 - $ 84.87 $ 87.42 $ 90.04 $ - 92.74 $ 95.52 Lead Surveyor - $ 61.80 $ 63.65 $ 65.56 $ -67.53 $ 69.56 $. 71.64 2 Man Conventional Survey Crew $ 128.75 $ 132.61 $ 136.59 $ 140.69 $ 144.91 $ 149.26 3 Man Conventional Survey Crew - $ 149.35 $ 153.83 $ 158.45 $ 163.20 $ 168.09 $- 173.14. Hydrographic Survey Crew - $ 257.50 -$ 265.23 $ 273.18 $ 281.38 $ 289.82 -. $, 298.51 Ultrasonic Weld Testing Technician $ 87.55 $ 90.18 $ - 92.88 $ 95.67 $ 98.54 $ 101.49 - Magnetic Partical Testing Technician - $.. 82.40 $ 84.87 $ 87.42. $ - 90.04 $ 92.74 $ - 95.52. Senior Construction Inspector/ Materials Tech. $ 57.68 $ 59.41 $ 61.19 $ 63.03 $ 64.92 $ 66.87 . - Junior Construction Inspector/ Materials Tech. $ 51.50 $ 53,05. $ 54.64- $ .56.28 $ 57.96. $ 59.70 Clerical Administrative. - $ 36.05' $ 37.13 $ .38.25 $ 39.39 $ 40.57 $ 41.79 . Testing Fees: - - - Per Test, Unless Noted Otherwise: - - Concrete/Asphalt/ Masonry: - Year->: 2019 2020 -- 2021 - 2022- 2023-2024 Concrete Mix Design, Testing, report (Sub -Con.) $ 11287.50 $1,326.13 .$1-,355.91 $1-,406.89 $1,449.09 - Aggregate Base Gradation Design / Spec. -for Concrete $ 515.00 $ - 530.45 $ - 546.36 $ 562.75 $ 579.64 Cylinder - Cube:Cast/Break - $ 20.60- $ - 21.22- $ 21.85 $ 22.51 .$ 23.19 Floor Flatness / Floor Level (FF/FL);-Machine rent per day: $ 257.50. $ 265.23 $- 273.18 $ 281'.38 -$ 289.82 Capping. Cylinders (when necessary, if cast by others) $ 15.45 $ .15.91 $ 16.39- $ 16.88 $ 17.39 Masonry Prism - Cast,, Cure, Break $ 82.40 $ 84.87 $ 87.42- $ 90.04 $ 92.74 Concrete Coring: Min.($350.00 per day) (Per Hr.) $ 99.72 $ 102.71 $ 105.79 $ 108.97 $ 112.24 Bit Wear (Per Inch): -<u^ $ 5.25 $ 5.41 $ 5.57 $ 5.74 $ 5.91 Equipment Rental (Per Day) - $ 77.25 $ 79.57 $ 81.95 $ 84.41 $ 86.95 Nuclear Gage (Per Day): - - $ 32.96 $ 33.95 $ 34.97 $ 36.02 $ 37.10 - Steel Inspection: - Magnetic Particle Testing Supplies (Per Day) $ 51.50 $ 53.05 -$ 54.64 $ 56.28. $ 57.96 Ultrasonic Testign Equipment (Per Day) $ 51.50 $ 53.05 $ 54.64 $ 56.28 $ 57.96 Soil (asphalt as applicable): Atterburg Limits (Liquid, Plastic, Plasticity Index) $ - 180.25 $ 185.66 $ 191.23. $ 196.96 $ 202:87 One Dimensional Consolidation $ 360.50 $ 371.32 $ 382.45 $ 393.93 $ 405.75 CBR, Single Point, Un -soaked $ 154.50 $ 159.14 $ 163.91 $ 168.83 $ 173.89 CBR, Single Point, Soaked - $ 164.80 $ 169.74 $ 174.84 $ 180.08 $ 185.48 Tri -Axial Shear/ Friction Angle $ 463.50 $ 477.41 $ 491.73 $ 506.48 $ 521.67 Constant Head / Falling Head Permeability $ 309.00 $ 318.27 $ 327.82 $ 337.65 $ 347.78 Load Frame Unconfined Compression: $ 133.90 $ 137.92 $ 142.05 $ 146.32 $ 150.71 Relative Density Test (aggregates) $ 180.25 $ 185.66 $ 191.23 $ 196.96 $ 202.87 Dynamic Penetrometer Bearing Values Per Hour: $ 66.95 $ 68.96 $ 71.03 $ 73.16 $ 75.35 Standard Procter $ 180.25 $ 185,66 $ 191.23 $ 196.96 $ 202.87 Modified Procter $ 206.00 $ 212.18 $ 218.55 $ 225.10 $ 231.85 Sieve Analysis $ 77.25 $ 79.57 $ 81.95 $ 84.41 $ 86.95 Geotechnical Drilling and Sampling $ 14.85 Mobilization of Drill Rig 15.30 $ Drill Rig Hourly Charge (Techs. on Crew Charged Sep.) Drilling for Depth to Refusal Only $ 16.48 Per Ft. Drill & Sample with SS: 1' to 40' Per Ft. - 40' to 60' Per Ft. 18.55 60' to 80' Per Ft. 19.10 80' to 100' Per Ft. $ 100'+ Per Ft. Shelby Tube Sampling: $ 20.60 Each: Rock Coring $ Per Ft. $ 14.42 $ 14.85 $ 15.30 $ 15.76 $ 16.23 $ 16.48 $ 16.97 $ 17.48 $ 18.01 $ 18.55 $ 18.54 $ 19.10 $ 19.67 - $ 20.26 $ 20.87 $ 20.60 $ 21.22 $ 21.85 $ 22.51 $ 23.19 $ 22.66 $ 23.34 $ 24.04 $ 24.76 $ 25.50 $ 30.90 $ 31.83 $ 32.78 $ 33.77 $ 34.78 $ 66.95 $ 68.96 $ - 71.03 $ 73.16 $ 75.35 $ 56.65 $ 58.35 $ 60.10 $ 61.90 $ 63.76 (Rock coring may be varied based upon rock material, length of individual cores, & total rock coring requirements). Laboratory Analysis & Report Generation: Dependent upon Job specifics. Additional Notes for Rate Schedule: Report time will be charged at the Senior technician's rate, and calculations if required, will be charged at the Sr. PE rate. (Slump, temp, and air content provided at no charge when technician is already in field). Materials charged @ Cost x 1.10; Travel Time is typically charged round trip, and mileage is charged @ $0.561 mile, Per Dium: $165.00 / day when required A minimum charge of 3 hours /trip is charged to all job field calls for engineering, surveying, or inspection/ testing staff personnel. ** GPS or Robotic Survey Crews will be billed as 2 Man Crew where equipment services as labor replacement: .Services in excess of eight hours per day, services between 5:00 P.M. and 8:00 A.M.:, Monday through Friday, and work performed Saturdays will be charged at 1.5 x the regular rate. Work Scheduled on Sundays and Holidays will be charged at 2 Additional Rates for many other test, including Marshall mix design, etc. are furnished based upon number of test required and project specifics. Various Other Test Rates Available upon request: (Mileage rate subject to adjustment based on fuel prices) ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations, 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www.epis.gov/epis/search.do?page=A&status=current&agency=69#A. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes now Chris Koehler (name) as President (office held) first being duly sworn, on my oath, affirm Koehler Engineering and Land Surveying, Inc. (Company Name) "Consultant" is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the Parks and Recreation and Stormwater Phase 2 (PRS2) Projects and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS.) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Sectio 75.040, RSMo). Chris Koehler Signature (person with authority) Printed Name President Title State of_ County of Missouri Cape Girardeau Subscribed and sworn to before me this 21st day My commission expires: CARRIE RUMPUS -14- Notary Public - Notary Seel STATE OF MISSOURI Commissioned for Cape Girardeau County My Commission Expires: Sept. 10, 2010 Commission # 15030102 December 21st, 2018 Date December 2018 NAA Notary Public , L0L VerlFyjnm Company ID Number: 275478 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 Koehler Engineering and Land Surveying, Inc. (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 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor') to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 131E -Verify MOU for Employeri,Revision Date 10/29i08 +nr+n1'fJ.diis.+3q/E_+lrify V erify,;, Company ID Number: 275478 4. SSA agrees to provide a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirmation of U.S. citizens' employment eligibility within 3 Federal Government work days of the initial inquiry. 5. SSA agrees to provide a means of secondary verification (including updating SSA records as may be necessary) for employees who contest SSA tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 10 Federal Government work days of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E -Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: • Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to provide to the Employer a manual (the E -Verify User Manual) containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify. DHS agrees to provide training materials on E -Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 o 131E -Vent MOU for EmployerlRevision Date 10/29108 Ji;a.9ov!F-Va;f/ w E�UgI E-ven M fy. $ Ill�llha r Company ID Number: 275478 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E -Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E - Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(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 UE -Verify MOU for Empioyer;Revision Date 70129108 W ; "N "I Verify X41 ry Company ID Number: 275478 6. The Employer understands that participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2746 of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E -Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E -Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E -Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E -Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article 11.13, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking _ _ _ Page 4 of 13 E-VeriFf MOU for EmployerlRevision Date 10129108 SOt� W SLL L-0; Verify Company ID Number: 275478 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 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration -related employment practices provisions in section 2748 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 131E-Verif1 MOU for EmployerlRevlsion Date IW9;08 E-Verify X, �„ 1111111 r� � �ISTtiP�` Company ID Number: 275478 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 13 E-Venfy MMU for Employer Revision Date IM29i0A E V erify y I1-' �Illlllll�o Th Company ID Number: 275478 contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. C. Institutions of higher education, State, local and tribal governments and sureties: Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), State or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. The provisions of Article II.D, paragraphs 1.a and 1.b of this MOU providing timeframes for initiating employment verification of employees assigned to a contract apply to such institutions of higher education, State, local and tribal governments, and sureties. d. Verification of all employees: Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to do so only in the manner designated by DHS and initiate E -Verify verification of all existing employees within 180 days after the election. e. Form 1-9 procedures for Federal contractors: The Employer may use a previously completed Form 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 BITE -Verily MOU for Employer! Revision Date 90;29(08 , . 11L, > ! .' _J Company ID Number: 275478 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 131E -Verify MOU for Employer; Revision Date 10,29,08 r„fli, :, _ r ,- , , .-4' E -Verify Company ID Number: 275478 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 131E -Verify MOU for Employer; Revision Date 10,29,08 r„fli, :, _ r ,- , , .-4' Verify. Company ID Number: 275478 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E - Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: Scanning and uploading the document, 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 signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E - Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to E -Verify, DHS reserves the right to require employers to take = Page 9 of 13iE-Verify 1A01i for Employer.. Revision Date 10;29M a r , `v � -gid a, 'i� E-Verify "�.. -„ illilih- 41 riP Company ID Number: 275478 mandatory refresher tutorials. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such a circumstance, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, that Employer will remain a participant in the E-Verify program, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. B. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established procedures or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect its performance of its contractual responsibilities. C. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as they may determine necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. D. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. E. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. F. The Employer understands that the fact of its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. H. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. Page 10 of 131E -Verify MOD for Employer: Revision Date 10129,08 E -Verify. Company ID Number: 275478 AN�� sere aA 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 Koehler Engineering and Land Surveying, Inc. Koehler L Christopher Name (Please Type or Print) EtectranicalAy S/fined ^ .. 11/09/2009 Signature __ _ Date Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) Elsetraaica!! 5irnad 11109/2009 Signature Date _ Page 11 of 131,E -Verity MOU for Employer: Rewsion Date 10/29108 �y svcsq; E-Verify4 Company ID Number: 275478 Information Required for the E -Verify Program Information relating to your Company: Company Name: Koehler Engineering and Land Surveying, Inc. Company Facility Address: 194 Coker Lane Girardeau, MO 63701 Company Alternate County or Parish: CAPE GIRARDEAU Employer Identification Number: 431553632 North American Industry Classification Systems 237 Parent Company: Koehler Engineering and Land Surveying, Inc. Number of Employees: 10 to 19 Number of Sites Verified for: 1 Are you verifying for more than 7 site? If yes, please provide the number of sites verified for in each State: MISSOURI 1 site(s) Page 12 of 13 E-Verl,q MOU for EmployerlRevision Date 10125/08 V erify Company ID Number: 275478 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Stephanie C Koehler Telephone Number: (573) 335 - 3026 Fax Number: (573) 335 - 3049 E-mail Address: skoehler@koehlerengineering.com Name: Koehler L Christopher Telephone Number: (573) 335 - 3026 - Fax Number: (573) 335 - 3049 E-mail Address: ckoehler@koehlerengineering.com Name: Beussink M Jennifer Telephone Number: (573) 335 - 3026 Fax Number: (573) 335 - 3049 E-mail Address: jbeussink@koehlerengineering.com Page 13 of 13;E -Verify MOO for Employer! Revision Date M29M ' ., . > , Staff: Casey Brunke, P.E., Assistant Agenda: Public Works Director 2/4/2019 SUBJECT A Resolution authorizing the City Manager to execute a General Services Agreement with Intuition & Logic Engineering, Inc. for Parks and Recreation and Stormwater Phase 2 Projects. EXECUTIVE SUMMARY Seven General Services Agreements are being brought before Council tonight. The General Services Agreements will allow the City to issue Task Orders to any of the consultants for professional services necessary to complete the stormwater projects identified in the Parks and Recreation and Stormwater Phase 2 program. BACKGROUND/DISCUSSION On October 17, 2018, the City solicited Statements of Qualifications (SOQ's) from interested consultants for the Parks and Recreation and Stormwater Phase 2 Projects. Nine firms responded. After reviewing and scoring the SOQ's, seven consultants were invited to join the consultant pool. These firms are Bowen Engineering & Surveying, Inc., Crawford, Murphy & Tilly, Horner & Shifrin, Inc., Intuition & Logic Engineering, Inc., Koehler Engineering and Land Surveying, Inc., Stantec Consulting Services, Inc., and Woodard & Curran. The purpose of the attached General Services Agreement is to set the general contract provisions between the consultant and the City. From the General Services Agreement, Task Orders will be issued for defining the specific work, scope, and fee for each task. The City Manager will be authorized to sign the Task Orders on behalf of the City. FINANCIAL IMPACT Funds for these services will come from the Parks and Recreation and Stormwater Phase 2 sales tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS STAFF RECOMMENDATION Staff recommends the Council approve a Resolution authorizing the City Manager to enter into a General Services Agreement with Intuition & Logic Engineering, Inc. PUBLIC OUTREACH Presentations were made to the public and to civic organizations prior to each vote for the Parks and Recreation and Stormwater Sales Tax. The citizens voted favorably for the second phase of the Parks and Recreation and Stormwater Sales Tax on April 3, 2018. ATTACHMENTS: Name: Description: ❑ Agreement Intuition Logic Parks and Rec Stormwater Phase 2.doc Resolution ❑ Intuition Logic GSA Executed.pdf Intuition & Logic PRS2 GSA BILL NO. 19-16 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH INTUITION & LOGIC ENGINEERING, INC., FOR PARKS AND RECREATION AND STORMWATER PHASE 2 PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Services Agreement with Intuition & Logic Engineering, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk PUBLIC WORKS DEPARTMENT CONTRACT For Parks and Recreation and Stormwater Phase 2 (PRS2) Projects CONSULTANT NAME: Intuition & Logic Engineering, Inc. THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Intuition & Logic Engineering, Inc., 16253 Swingley Ridge Road, Suite 100, St. Louis, Missouri 63017, hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through its Parks and Recreation and Stormwater Phase 2 (PRS2) Fund and various sources, the City intends to complete the Parks and Recreation and Stormwater Phase 2 (PRS2) projects and requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design, and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PI3ASE — The Consultant will if requested by the City: determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydrologic/hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design based on these studies; 5. submit appropriate copies of preliminary plans, estimates and/or studies for review by the City; 6. " prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations)in regards to noise abatement and air quality, if necessary; and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE — The Consultant will if requested by the City: assist the City in advertising for bids and evaluating bids. 2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to gross errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (1) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: 1. assist the City with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; -2- 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; 5. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; 8. maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II - ADDITI®NAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; -3- B. provide the Consultant with the City's requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed a Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. ME METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Payment. In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or malting of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of: foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other docurrients shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the -5- Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records per to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. -6- ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII - INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant -7- and its employees, agents and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City based on the circumstances, the Consultant and his subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Type Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability, including: Comprehensive Automobile Liability, $420,606 each person Employer Liability, City's Protective Bodily Injury $2,804,046 each occurrence Including Death, and City's Protective Property Damage: The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection -8- and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed tinder a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2019, 2020, 2021, 2022, 2023, and 2024 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C — Affidavit of Participation in Federal Work Authorization Program -9- Executed by the Consultant this qday of �, 20J_L. Executed by the City this day of 20 FOR: CITY OF CAPE GIRARDEAU ATTEST: Scott Meyer, City Manager Bruce Taylor, Deputy City Clerk FOR: INTAJITION & LOGIC ENGINEERING, INC. Signature NAME: AC -A' Ae�jx_r, C PeSs d � Written Name anh Title ATTEST:-s`'�--,_ -- _.... SEE ATTACHMENT A Break Out Rates For Year _ - 11 - ATTACHMENT A Break Out Rates for 2019,2020,2021, 2022, 2023, and 2024 Intuition & Logic Engineering, Inc. I NTII (TION Wee Year 2019 2020 2021 2022 2023 2024 Employee Cassification Rate Rate Rate Rate Rate Rate Principal $185.00 $ 189.00 $ 193.00 $ 197.00 $ 201.00 $ 205.00 Senior Project Manager $155.00 $ 1.58.00 $ 161.00 $ 164.00 $ 167.00 $ 170.00 Project Manager $135.00 $ 138.00 $ 141.00 $ 144.00 $ 147.00 $ 150.00 Professional Engineer $105.00 $ 107.00 $ 109.00 $ 111.00 $ 113.00 $ 115.00 Ecologist / Environmental / Wetland Scientist $95.00 $ 97.00 $ 99.00 $ 101.00 $ 103.00 $ 105.00 Senior CAD/GIS Technician $95.00 $ 97.00 $ 99.00 $ 101.00 $ 103.00 $ 105.00 Degree Engineering Intern $85.00 $ 87.00 $ 89.00 $ 91.00 $ 93.00 $ 95.00 CAD Technician $85.00 $ 87.00 $ 89.00 $ 91.00 $ 93.00 $ 95.00 Intern $65.00 $ 66.OD $ 67.00 $ 68.00 $ 69.00 $ 70.00 Mileage Fed Rate Fed Rate Fed Rate Fed Rate Fed Rate Fed Rate Color Copies Cost Per Square Foot Per Side $ 0.39 $ 0.39 $ 0.39 $ 0.39 $ 0.39 $ 0.39 8 1/2 X 11 Color Copies Per Side $ 0.25 $ 0.25 $ 0.25 $ 0.25 $ 0.25 $ 0.25 B/W Copies Cost Per Square Foot Per Side $ 0.15 $ 0.15 $ 0.15 $ 0.15 $ 0.15 $ 0.15 8 1/2 X 11 B/W Copies Per Side $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 $ 0.10 Plan Sheets Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Overnight Mail/Express Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Room and Board Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost Actual Cost ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTI6NS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide.the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not Imowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. haps://www.epls.gov/epls/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is nonnally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malting false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. I-Iave not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes now1s /\Ale LC (name) as (office held) first being duly sworn, on my oath, affirm lv%&J' V n �054 L I:+�SAV1f0 f �(i�. �tI L. (Company Name) "Consultant" is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the Parks and Recreation and Stormwater Phase 2 (PRS2) Projects and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS.) Affirmation t eof, the facts stated above are true and correct (The undersigned ds that false t tements made in this filing are subject to the penalties provided under with Title Stateof /ill,SrdGLi21 ) Zein S ) ss. County of ) Subscribed and sworn to before me this �day My commission SionSion #' Expires Printed Name, Date kk- 1200 yy. ,sp y �p,1. 88CL'G g j VertF F II�I�I2,z •�Id'fPP ,M E-VBRI@Y ISA 9EAVIEE OP RHY Company ID Number: 173989 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 Ilinc Engineering Incorporated dba Intuition & Logic (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 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 131E -Verify MOU for EmployerlRevision Date 10/29/08 www,dhs.gov/E-1/Lrlfy i1F (UNVe yo$ +MrsTM'C TM C-VERtPY ISA 9ERVICB OP DH9 Company ID Number: 173989 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 workdays of the date of referral to SSA, unless SSA determines that more than 10 days may be necessary. In such cases, SSA will provide additional verification instructions. . B. RESPONSIBILITIES OF DHS 1. After SSA verifies the accuracy of SSA records for aliens through E -Verify, DHS agrees to provide the Employer access to selected data from DHS's database to enable the Employer to conduct, to the extent authorized by this MOU: Automated verification checks on alien employees by electronic means, and Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to provide to the Employer a manual (the E -Verify User Manual) containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify. DHS agrees to provide training materials on E -Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 of 131E -Verify MOU for EmployerlRevision Date 10/29108 www.dh%.gov/E-Verify ey,, fN gyp{. 6£�Z .,, � x7i, VarilF �3,�Il,lI�o 55. MIST „� e-VERIPY ISA 98PVtCE 0R9 Company ID Number: 173989 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 non confirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E -Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E - Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B, Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: • If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(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 13iE-Verify MOU for EmployerlRevision Date 10/29/08 www.dhs.gov/E-Verify PwT,A `pYSfpU VerifEy.of aE-VCRIPY S8 A BERVIEB EH9 Company ID Number: 173989 6. The Employer understands that participation in E -Verify does not exempt the Employer from the responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 2746 of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E -Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E -Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to, notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS. reserves the right to conduct Form 1-9 compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E -Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E -Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article ILD, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Page 4 of 131E -Verify MOU for EmployerlRevision Date 10/29/08 www.dhs.govfE-Verify 4 .p46ECL ver if Nlsrnn e-VE0.iFY IEA SERVICE OP DHS Company ID Number: 173989 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 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration -related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 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 I-9 or to print the screen containing the case verification number and attach it to the employee's Form I-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 131E -Verify MOU for EmployerlRevision Date 10129/08 www.dhs.gov1E-VoHfy z Vi�riFF ;;z ..... � +sxaP a -veneer xs a senvxce oe nxs Company ID Number: 173989 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 EmployerlRevislon Date 10/29/08 www.dhs.gov/E-Verify o<i� L sacL viF Y e-vea�es ea n sexveca oe oxs Company ID Number: 173989 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 1.10 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 131E.Verify MOIL for EmployerlRevision Date 10/29/08 www.edhs.gov/E-Verify C(j) �/erlF__y Ile �'M+arMc E-VCRIPY I& A &CPVICC OF ON9 Company ID Number: 173989 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. 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 13IE-Verify MOU for EmployerlRevision Date 10/29/08 www,dhs.gov/E-Verify MP)4 1y,, SEC, ^ �g `1. Vei1F�/ �.w 6-VEPIPY SS A SERVICE OF ONS Company ID Number: 173989 after the Employer receives it 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E - Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: • Scanning and uploading the document, 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 DI -IS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access the E -Verify System, an Employer will need a personal computer with Internet access. ARTICLE V PARTIES A. This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E - Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to E -Verify, DHS reserves the right to require employers to take Page 9 of 13IE-Verify MOU for EmployerlRevision Date 10/29/08 www.diis.gov/E-Verify �ncxnrp C0.p� secpRi ver i fy �` bMIIIII�Toz 4rR, aF' e-VE0.SFY I9 ), 9BAVICE OP OH9 Company ID Number: 173989 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 13iE-Verify MOU for EmployerlRevision Date 10/29/08 www.dhs.gov/E-Verify 1y S.�, Ve it�nr- "'MO, , VXCFOy. B -VERIFY Ib A bEPV[CE P NN9 Company ID Number: 173989 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 Ilinc Engineering Incorporated dba Intuition & Logic Mark E Meyer Name (Please Type or Print) Electronically Signed 12129/2008 Signature Date Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) Electronically Signed 1212912008 Signature Date Page 11 of 13JE-Verify MOU for EmployerlRevision Date 10/29108 www.dtis.gov/E•.Verify ,py b6�V f OV Y - V+ rMf 5'4F b?i�lllll�$ A q1M 8 -VERIFY ISA 98RVIC8 DF DN9 Company ID Number: 173989 Information Required for the E -Verify Program Information relating to your Company: Company Name: Ilinc Engineering Incorporated dba Intuition & Logic Company Facility Address: 16253 Swingley Ridge Road Suite 100 Chesterfield, MO 63017 Company Alternate Address: County or Parish: SAINT LOUIS Employer Identification Number: 431873553 North American Industry Classification Systems Code: 541 Parent Company: Number of Employees: 5 tog Number of Sites Verified for: 1 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: MISSOURI 1 site(s) Page 12 of 13iE-Verify MOIL for EmployerlRevision Date 10/29/08 www.dhs.gov/E-Verify Verily IM Company ID Number: 173989 3y S." 19r" III HrsrM -VBRiPY I9 A 9ERVICB OF OXS Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Catherine C McCollough Telephone Number: (636) 777 - 3000 Fax Number: (314) 432 - 5812 E-mail Address: courtneym@ilincworld.com Name: Mark E Meyer Telephone Number: (636) 777 - 3000 Fax Number: (314) 432 - 5812 E-mail Address: mark@ilincworld.com Pegs 13 of 131E -Verify MOU for EmployerlRevision Date 10/29/08 www.dhs.gov/E�=V(irify Staff: Casey Brunke, P.E., Assistant Agenda: Public Works Director 2/4/2019 SUBJECT A Resolution authorizing the City Manager to execute a General Services Agreement with Woodard & Curran for Parks and Recreation and Stormwater Phase 2 Projects. EXECUTIVE SUMMARY Seven General Services Agreements are being brought before Council tonight. The General Services Agreements will allow the City to issue Task Orders to any of the consultants for professional services necessary to complete the stormwater projects identified in the Parks and Recreation and Stormwater Phase 2 program. BACKGROUND/DISCUSSION On October 17, 2018, the City solicited Statements of Qualifications (SOQ's) from interested consultants for the Parks and Recreation and Stormwater Phase 2 Projects. Nine firms responded. After reviewing and scoring the SOQ's, seven consultants were invited to join the consultant pool. These firms are Bowen Engineering & Surveying, Inc., Crawford, Murphy & Tilly, Horner & Shifrin, Inc., Intuition & Logic Engineering, Inc., Koehler Engineering and Land Surveying, Inc., Stantec Consulting Services, Inc., and Woodard & Curran. The purpose of the attached General Services Agreement is to set the general contract provisions between the consultant and the City. From the General Services Agreement, Task Orders will be issued for defining the specific work, scope, and fee for each task. The City Manager will be authorized to sign the Task Orders on behalf of the City. FINANCIAL IMPACT Funds for these services will come from the Parks and Recreation and Stormwater Phase 2 sales tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS STAFF RECOMMENDATION Staff recommends the Council approve a Resolution authorizing the City Manager to enter into a General Services Agreement with Woodard & Curran. PUBLIC OUTREACH Presentations were made to the public and to civic organizations prior to each vote for the Parks and Recreation and Stormwater Sales Tax. The citizens voted favorably for the second phase of the Parks and Recreation and Stormwater Sales Tax on April 3, 2018. ATTACHMENTS: Name: Description: ❑ Agreement Woodard Curran Parks and Rec Stormwater Phase 2.doc Resolution ❑ Woodard Curran GSA Executed.pdf Woodard & Curran PRS2 GSA BILL NO. 19-17 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WOODARD & CURRAN, INC., FOR PARKS AND RECREATION AND STORMWATER PHASE 2 PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Services Agreement with Woodard & Curran, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY CAPE GIRARDEAU PUBLIC WORKS DEPARTMENT CONTRACT For Parks and Recreation and Stormwater Phase 2 (PRS2) Projects CONSULTANT NAME: Woodard & Curran THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the C "City", and Woodard & Curran, 1520 S. Fifth Street, Suite 306, St. Charles, Missouri 63303, hereinafter referred to as the "Consultant". 1, INASMUCH as funds have been made available by the City through its Parks and Recreation and { Stormwater Phase 2 (PRS2) Fund and various sources, the City intends to complete the Parks and Recreation and Stormwater Phase 2 (PRS2) projects and requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design, and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE — The Consultant will if requested by the City: 1. determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; i 4. conduct hydrologic/hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design based on these studies; 5. submit appropriate copies of preliminary plans, estimates and/or studies for review by the City; 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare ( right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; L ( 8. ensure compliance with water quality requirements by coordinating with the Missouri ( Department of Natural Resources and the U.S. Army Corps of Engineers and also ( ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with ( the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if r necessary, and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost •` estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE — The Consultant will if requested by the City: 1. assist the City in advertising for bids and evaluating bids. 2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to gross errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (1) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's l representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to review the progress of the Contractor's work in order to provide the City with a greater degree of confidence that the Contractor's work is ( proceeding in general conformance with the contract documents. Consultant shall not, during such visits or as a result of any observations of construction, supervise, direct or have control over the Contractor's(s') work nor shall Consultant have authority over or responsibility for the means, methods, techniques, sequences or procedures of construction selected by the ( Contractor(s) or safety precautions and programs incident to the work of Contractor(s) or for any failure of Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable to Contactor(s) furnishing and performing its (their) work. Consultant does not guarantee the performance of the construction contract by the Contractor(s), and does not ( assume responsibility for Contractor's(s') failure to furnish and perform its (their) work in accordance with the contract documents. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in ( -2- accordance with the contract documents. Consultant's services will include more specifically as follows if needed: 1. assist the City with a preconstruction conference to discuss project details with the Contractor; f _ 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work generally conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. report to the City the progress of the Contractor's work such that the City may determine whether to reject work not conforming to the project documents; 5. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. hidependent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; 8. maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide record documents for the City's records. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement -3- shall be executed and submitted for the approval of City prior to performing the additional or ( changed work or incurring any additional cost thereof. Any change in compensation will be covered ( in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: ` A. make available all information pertaining to the project which may be in the possession of the C City; ( B. provide the Consultant with the City's requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed a Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. ( The times are exclusive of review time by other agencies and exclusive of time needed to acquire ( right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the (; Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating r fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs,and guidance provided in the most current version of City of ( Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, ( then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. -4- ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: 1. Charge Out rates shall include all direct payroll, general and administrative overhead, S specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, s insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, ( only if required and approved by the City. METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. 1. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Payment. In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the fall amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. -5- ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of: foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. -6- ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United MR States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII - INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City based on the circumstances, the Consultant and his subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Type Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability (on claims basis), including: Comprehensive $2,804,046 each occurrence Automobile Liability, Employer Liability, Bodily Injury Including Death, and Property Damage: The Consultant's Comprehensive General Liability policy shall name the City as the Additional Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIIZARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. -8- The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant and marked by the City as Confidential, or similar legend under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2019, 2020, 2021, 2022, 2023, and 2024 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C — Affidavit of Participation in Federal Work Authorization Program -9- ARTICLE XXII — LIMITATION OF LIABILITY Except as covered by the liability insurance required herein, neither party shall be responsible or liable to the other for special, indirect or consequential damages. The total aggregate liability of the Consultant to the City or anyone claiming through the City for any and all claims whatsoever arising out of this Agreement shall not exceed the total applicable insurance proceeds paid to Consultant by its insurers up to the amount of the specified insurance policy limits set forth in this Agreement. Executed by the Consultant this 25th day of January 20 19 , Executed by the City this day of 20 FOR: CITY OF CAPE GIRARDEAU [-AV ATTEST: Scott Meyer, City Manager Bruce Taylor, Deputy City Clerk FOR: WOODARD & CURRAN mm NAME: Tennifer Anders, Vice President Written Name and Title ATTEST: -10- ATTACHMENT A Breakout Rates For Year 2019° Municipal & Institutional 2019 Rate bichedule 1� WOODARD &CURRAN Expense Category Travel' .58/mile Expenses At Cost Plus 10% 1. Mileage rate will change as the federal allowable rate is modified. *Woodard & Curran reserves the right to increase these Breakout Rates up to 3% per year. These increases will be negotiated with Cape Girardeau in December prior to the next years increase. - 11- ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION t f 1. By signing and submitting this proposal, the prospective primary participant is providing the i certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www. epls.gov/epls/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comesnow bri* teV1 Wa lA;9:C (name)as \I?- of /-rK (office held) first being duly sworn, on my oath, affirm W azjay-d Inc . (Company Name) "Consultant" is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the Parks and Recreation and Stormwater Phase 2 (PRS2) Projects and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS.) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo). Signature (person with authority) Printed Name v P,/ k2 -- Title State of County of ss. Subscribed and sworn to before me this2 S day My commission expiRrledLEY 10NANOTAR PUBLIC state of Maine Cres My Com ne 9, 202 sion xP -14- 1121* 119 Date Company ID Number: 46260 tt . + _11-,'((..1:'"!t(tut;'MTW) W\;.I.v-FMH( ticm ,f, lit ^,',':lit \1(9t ['0) IM; ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Social Security Administration (SSA), the Department of Homeland Security (DHS) and Woodard & Curran, lite. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E -Verify). E -Verify is a program in which the employment eligibility of all newly hired employees will be confirmed after the Employment Eligibility Verification Form (Form [-9) has been completed. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). ARTICLE 11 FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF THE SSA I, Upon completion of the Form 1-9 by the employee and the Employer, and provided the Employer complies with the requirements of this MOU, SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all newly hired employees and the employment authorization of U.S. citizens. 2. The 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. The SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to he contacted during the E -Verify process. 3. The 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 the SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 4. SSA agrees to establish a means of automated verification that is designed (in conjunction with DHS's automated system if necessary) to provide confirmation or tentative nonconfirntation of U.S. citizens' employment eligibility and accuracy of SSA records for both citizens and aliens within 3 Federal Government work days of the initial inquiry. Company ID Number: 46260 5. SSA agrees to establish 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 noncontirmation 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 THE DEPARTMENT OF HOMELAND SECURITY I. Upon completion of the Form 1-9 by the employee and the Employer and 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: + Autemated verification checks on newly hired alien employees by electronic means, and • Photo verification checks (when available) on newly hired alien 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 tate Employer a manual (the E -Verify 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 &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, and 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. DI -IS 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 and federal criminal laws, and to ensure accurate wage reports to the SSA. 7. DI -IS agrees to establish a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative noncontirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. Company ID Number; 46260 8. DHS agrees to establish a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirntations and photo non -match tentative nonconfirnsations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER I. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees. 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. The Employer agrees to become familiar with and comply with the L"^ -Verify 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 F, Verify, B. Failure to complete a refresher tutorial will prevent the employer from continued use of the program. 5. The Employer agrees to comply with established Form I-9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" docmnents that contain a photo. (List B documents identified in 8 C.P.R. § 274a.2 (b) (1) (13)) can be presented during the Form I-9 process to establish identity). If all employee presents a DHS Form I-551 (Permanent Resident Card) or Form I-766 (Employment Authorization Document) to complete the Form I-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form I-9. The employer will use the photocopy to verify the photo and to assist the Department with its review of photo non -snatches 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. 6. The Employer understands that participation in E -Verify does not exempt the Employer Brom the responsibility to complete, retain, and make available for inspection Forms I-9 that relate to its employees, or from other requirements of applicable regulations or laws, 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 Company ID Number: 46260 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 DI -IS if it continues to employ any employee after receiving a final nonconfirnnation, and is subject to a civil money penalty between $500 and $1,000 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 any 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 on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the coarse 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 within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form I-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 Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form I-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -clay 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 the SSA verification response has been given. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, support for any unlawful employment practice, or any other use not authorized by this MOU. The Employer must use E -Verify for all new employees and will not verify only certain employees selectively. The Employer agrees not to use E -Verify procedures for re - verification, or for employees hired before the date this MOU is in effect. 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 the Immediato termination of its access to SSA and DpiS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III.B, below) regarding tentative nonconfrrmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking 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 like any adverse action against an employee based upon the employee's 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 (t)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification to verify work authorization, a tentative nonconfirmation, or the finding of Company 1D Number: 46260 a photo non -match, does not mcan, and should not be interpreted as, an indication that the employee is not work authorized, in any of the cases listed above, the employee must be provided the opportunity to contest the finding, and if he or she does so, may not be terminated or suffer any adverse employment consequences 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 nonconfirnnation or a photo non -match, then the Employer can find the employee is not work authorized and take the appropriate action. 11, The Employer agrees to comply with section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 274B(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, discharging or refusing to hire eligible employees because they appear or sound "foreign", and premature termination of employees based upon tentative nonconfirmations, and that any violation of the unfair immigration -related employment practices provisions of the INA could subject the Employer to civil penalties pursuant to section 274B of the INA and 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 1-800-255.7688 or 1-800-237-2515 (TDD). 12, The Employer agrees to record the case verification number on the employee's Form I-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 the SSA or DHS pursuant to E -Verify and this MOU only to confirm the employment eligibility of newly -hired employees after completion of the Form 1-9, 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 h perform the Employer's responsibilities under this MOU. 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 allow DHS and SSA, or their authorized agents or designees, to make periodic visits to the Employer for the purpose of reviewing E -Verify -related records, i.e., Forms 1-9, SSA Transaction Records, and DL -IS verification records, which were created during the Employer's participation in the E -Verify Program. In addition, for the purpose of evaluating E -Verify, the Employer agrees to allow DHS and SSA or their authorized agents or designees, to interview it regarding its experience with E -Verify, to interview employees hired during E -Verify use concerning their experience with the pilot, and to make employment and E -Verify related records available to DHS and the SSA, or their designated agents or designees. Failure to comply with the terms of this paragraph may lead DHS to terminate the Employer's access to E -Verify. Company ID Number: 46260 ARTICLE III REFERRAL OF INDIVIDUALS TO THE SSA AND THE DEPARTMENT OF HOMELAND SECURITY A. REFERRAL TO TIIE 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 nonconfirnmation. 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 referral letter and instruct the employee to visit an SSA office to resolve the discrepancy within 8 Federal Government work days. The Employer will make a second inquiry to the SSA database using E -Verify procedures on the date that is 10 Federal Government work days after the date of the referral in order to obtain confirmation, or final nonconfirmation, unless otherwise instructed by SSA or unless SSA determines that more than 10 days is necessary to resolve the tentative nonconfirmation.. 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 THE DEPARTMENT OF HOMELAND SECURITY 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 lie or she will contest the tentative nonconfirmation. 2. If the Employer finds a photo non -match for an alien 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 time 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 train DHS automated verification process or when Company ID Number: 46260 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 after the Employer receives it. 4. If the employee contests a tentative nonconfinuation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact the Department through its toll-free hotline within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 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 The SSA and DHS will not charge the Employer for verification services performed under this MOU.'I'lie l,mployer 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 This MOU is effective upon the signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 (lays 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 manual. Even Company 1D Number: 46260 without changes to 13 -Verify, the Department reserves the right to require employers to take mandatory refresher tutorials. Termination by any party shall terminate the MOU as to all parties. The SSA or DHS may terminate this MOU without prior notice 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. 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. 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. 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. 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, and responses to inquiries under the Freedom of Information Act (FOIA). The foregoing constitutes the full agreement on this subject between the SSA, DHS, and the Employer. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. 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 Operations at 888-464- 4218. Employer Woodard & Curran, Inc. Patricia A Thrones Name (Please type or print) Title Electronically Signed 06/28/2007 Signature Date Department of Homeland Security — Verification Division Company ID Number: 46260 INFORMATION REQUIRED FOR THE E -VERIFY PROGRAM Information relating to your Company: Company Name: Woodard & Curran Inc, Company Facility Address: 41 Hutchins Drive Portland ME 04102 Company Alternate Address: County or Parish: CUMBERLAND Employer Identification Number: 10363222 North American Industry Classification Systems Code: Parent Company: 500 to Number of Employees; 999 Number of Sites Verified for: 49 Are you verifying for more Ilion I site? If yes, please provide the number of sites verified for in each State + CONNECTICUT 2 site(s) • RUODE ISLAND I site(s) • NORTi-I CAROLINA I site(s) • MASSACHUSETTS 13 site(s) s UTAH I site(5) + NEW JERSEY I site(s) + MAINE 9 site(s) FLORIDA 4 site(s) NEW MEXICO 1 site(s) NEW HAMPSHIRE S site(s) GEORGIA 6 site(s) NEW YORK 2 site(s) Company ID Number: 46260 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Wendi J Smith Telephone Number: (207) 774 - 2112 Fax Number: (207) 774 - 4633 E-mail Address: wsn,itli@woodm•dcurr,m.cmn Name: Amara LNoel Telephone Number: (207) 774 - 2112 ext 3304 Fax Number: (207) 774 - 4633 E-mail Address: :umel n �eoodnrdene•rm,.emn i E -Verify: Employer Wizard - Company Information E -Verify. ( Welcome Wends Smith f Company Information Company Name E Woodard & Curran, Inc. Company ID Number 46260 Doing Business As (DBA) Name DUNS Number Physical Location Address 1 41 Hutchins Drive Address 2 city Portland State ME Zip Code 04102 County I CUMBERLAND Mailing Address Address 1 Address 2 city https://e-verify.uscis.gov/web/EmployerWizard.aspx Page 1 of 3 MENU 12/19/2017 );Verify: Employer Wizard - Company Information State Zip Code Additional Information Employer Identification Numt 010363222 Total Number of Employees 500 to 999 Parent Organization Administrator Organization Designatlot Employer Category View I Edit Page 2 of 3 NAICS Code 541 - PROFESSIONAL, SCIENTIFIC, AND TECHNICAL SERVICES View f Edit Total Hiring Sites 68 View l Edit Total Points of Contact 1 View/ Edit View Original MOU Template https://e-verify-uscis.gov/web/En-lployerWizard,aspx p fy.uscis.gov/web/EmployerWizard.aspx 12/19/2017 E -Verify: Employer Wizard - Company Information Page 3 of 3 1 a = ?011Y sIN, Last Login 10/30/2017 05:58 PM U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Enable Permanent Tooltlps Accessibility Download Viewers littps://e-verify.uscis.gov/web/EmployerWizard.aspx 12/19/2017 Staff: Casey Brunke, P.E., Assistant Agenda: Public Works Director 2/4/2019 SUBJECT A Resolution authorizing the City Manager to execute a General Services Agreement with Crawford, Murphy & Tilly for Parks and Recreation and Stormwater Phase 2 Projects. EXECUTIVE SUMMARY Seven General Services Agreements are being brought before Council tonight. The General Services Agreements will allow the City to issue Task Orders to any of the consultants for professional services necessary to complete the stormwater projects identified in the Parks and Recreation and Stormwater Phase 2 program. BACKGROUND/DISCUSSION On October 17, 2018, the City solicited Statements of Qualifications (SOQ's) from interested consultants for the Parks and Recreation and Stormwater Phase 2 Projects. Nine firms responded. After reviewing and scoring the SOQ's, seven consultants were invited to join the consultant pool. These firms are Bowen Engineering & Surveying, Inc., Crawford, Murphy & Tilly, Horner & Shifrin, Inc., Intuition & Logic Engineering, Inc., Koehler Engineering and Land Surveying, Inc., Stantec Consulting Services, Inc., and Woodard & Curran. The purpose of the attached General Services Agreement is to set the general contract provisions between the consultant and the City. From the General Services Agreement, Task Orders will be issued for defining the specific work, scope, and fee for each task. The City Manager will be authorized to sign the Task Orders on behalf of the City. FINANCIAL IMPACT Funds for these services will come from the Parks and Recreation and Stormwater Phase 2 sales tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS STAFF RECOMMENDATION Staff recommends the Council approve a Resolution authorizing the City Manager to enter into a General Services Agreement with Crawford, Murphy & Tilly. PUBLIC OUTREACH Presentations were made to the public and to civic organizations prior to each vote for the Parks and Recreation and Stormwater Sales Tax. The citizens voted favorably for the second phase of the Parks and Recreation and Stormwater Sales Tax on April 3, 2018. ATTACHMENTS: Name: C Agreement CMT Parks and Rec Stormater Phase 2.doc ❑ CMT GSA Executed.pdf Description: Resolution CMT PRS2 GSA BILL NO. 19-18 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CRAWFORD, MURPHY & TILLY FOR PARKS AND RECREATION AND STORMWATER PHASE 2 PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Services Agreement with Crawford, Murphy & Tilly for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY of CAPE GIRARDEAU PUBLIC WORKS DEPARTMENT CONTRACT For Parks and Recreation and Stormwater Phase 2 (PRS2) Projects CONSULTANT NAME: Crawford, Murphy & Tilly THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Crawford, Murphy & Tilly, Gateway Tower, One Memorial Drive, Suite 500, St. Louis, Missouri 63102, hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through its Parks and Recreation and Stormwater Phase 2 (PRS2) Fund and various sources, the City intends to complete the Parks and Recreation and Stormwater Phase 2 (PRS2) projects and requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design, and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE — The Consultant will if requested by the City: determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydrologic/hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design based on these studies; 5. submit appropriate copies of preliminary plans, estimates and/or studies for review by the City; 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE — The Consultant will if requested by the City: assist the City in advertising for bids and evaluating bids. 2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to gross errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (l) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perforin work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: assist the City with a preconstruction conference to discuss project details with the Contractor; make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; -2- check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; -3- B. provide the Consultant with the City's requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed a Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. -4- METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Pam In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of. foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the -5- Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. -6- ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII - INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant -7- and its employees, agents and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City based on the circumstances, the Consultant and his subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Type Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability, including: Comprehensive Automobile Liability, $420,606 each person Employer Liability, City's Protective Bodily Injury $2,804,046 each occurrence Including Death, and City's Protective Property Damage: The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection -8- and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2019, 2020, 2021, 2022, 2023, and 2024 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C — Affidavit of Participation in Federal Work Authorization Program -9- Executed by the Consultant this 01-1 day of 0.w 20lAk . Executed by the City this day of 20 FOR: CITY OF CAPE GIRARDEAU ATTEST: Scott Meyer, City Manager Bruce Taylor, Deputy City Clerk FOR: CRAWFORD, MURPHY & TILLY NAME: !j ;a V O''Ml5T` rA itten Name and Ti ATTEST: J i -10- ATTACHMENT A Break Out Rates For Year -11- CRAWFORD, MURPHY & TILLY, INC. STANDARD SCHEDULE OF HOURLY CHARGES JANUARY 1, 2019 Classification Regular Rate Principal $ 220 Sr. Engineer V Sr. Architect V Sr. Project Manager V $ 210 Sr. Environmental Specialist V Sr. Engineer III Sr. Project Manager III Sr. Architect III $ 185 Sr. Environmental Specialist III Sr. Structural Engineer III Sr. Structural Engineer II $ 170 Sr. Technician II $ 155 Aerial. Mapping Specialist $ 150 Sr. Engineer 1 Sr. Architect I Sr. Structural Engineer 1 $ 145 Land Surveyor Technical Manager II Environmental Specialist III $ 135 Sr. Technician I $ 130 Sr. Planner GIS Specialist Engineer $ 125 Architect I Structural Engineer I Environmental Specialist II Technician II $ 110 Planner I Technical Manager I Environmental Specialist 1 $ 90 Technician I Administrative/Accounting Assistant $ 50 If the completion of services on the project assignment requires work to be performed on an overtime basis, labor charges above are subject to a 15% premium. These rates are subject to change upon reasonable and proper notice. In any event this schedule will be superseded by a new schedule on effective January 1, 2020. Out of pocket direct costs will be added at actual cost for blueprints, supplies, transportation and subsistence and other miscellaneous job-related expenses directly attributable to the performance of services. A usage charge may be made when specialized equipment is used directly on the project. Subconsultant services furnished to CMT by another company will be invoiced at actual cost, plus ten percent. 120/2o1s CRAWFORD, MURPHY & TILLY, INC. STANDARD SCHEDULE OF HOURLY CHARGES JANUARY 1, 2020 - JANUARY 1, 2024 Regarding Future Rate Adjustments for 2020 through 2024: Future annual adjustments are estimated to average less than 4% per year but may be in the range of 2% to 5% depending on economic conditions each year. 12128/2018 ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www. epls.gov/epls/searr,h.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malting false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes now err i�M7�iI:` (name) as St' �e`tQKb t 6L1e �tC1Cy f/ (office held) first being duly sworn, on my oath, affirm C M'y-' (Company Name) "Consultant" is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the Parks and Recreation and Stormwater Phase 2 (PRS2) Projects and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. l also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS.) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in Section 575.040, RSMo). ignat Ae (person with authority) Sr. 4 ni&&940 Sarek Title State of County of c�"0.� this filing are subject to the penalties provided under ss. 6�4 Printed ame ®t lav ►tG Date Subscribed and sworn to before me this wth day of C- Vom s -v -s i \ I ,`2'0'a. L l �/l-O My commission expires: $ _2c) Lo Z-) Notary Public -14- =PUBLICSTATE AL D F ILLINOISS 08.29-2021 k, Veri Company ID Number: 181553 THE E -VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Crawford, Murphy & Tilly, Inc. (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E -Verify. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E -Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E -Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following 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: a. Notice of E -Verify Participation b. Notice of Right to Work 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 about E -Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E -Verify access only to current employees who need E -Verify access. Employers must promptly terminate an employee's E -Verify access if the employer is separated from the company or no longer needs access to E -Verify. Page 1 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 °� Veri Company ID Number: 181553 4. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E -Verify cases will complete the E -Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E -Verify in order to continue using E -Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E -Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. 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. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete 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 mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. 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. 8. The Employer agrees that, although it participates in E -Verify, the Employer has a 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 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E -Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer 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) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E -Verify MOU for Employers i Revision Date 06/01113 rr.,rv� Vert Company ID Number: 181553 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E -Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E -Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E -Verify. 9. The Employer is strictly prohibited from creating an E -Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E -Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E -Verify process as are necessary according to the E -Verify User Manual. If E -Verify is temporarily unavailable, the three-day time period will be 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. 10. The Employer agrees not to use E -Verify for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E -Verify User Manual does not authorize. 11. The Employer must use E -Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. 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 mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, 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 Page 3 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Veri �u ns�•� 3 Company ID Number: 181553 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming 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 mismatch 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 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 2748 of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. 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 immigration -related unfair employment practices provisions in section 2748 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). 15. The Employer agrees that it will use the information it receives from E -Verify only to confirm the employment eligibility of employees as 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. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E -Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-VerifvCa2dhs.gov. Please use "Privacy Incident — Password" in the subject line of your email when sending a breach report to E -Verify. 17. The Employer acknowledges that the information 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)). 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. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E -Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 ,".g -verify fy .:... Company ID Number: 181553 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 prompt and accurate manner to DHS requests for information relating to their participation in E -Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E -Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E -Verify endorses or authorizes your E -Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E -Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E -Verify. 22. The Employer understands that if it 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 participation in E -Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E -Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E -Verify User Manual for Federal Contractors as well as the E -Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, 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). Once an employee has been verified through E -Verify by the Employer, the Employer may not create a second case for the employee through E -Verify. a. 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 verify employment eligibility of new hires using E -Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E -Verify as a Federal contractor, the Employer must begin 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. Page 5 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 � IE Veri Company ID Number: 181553 h") �NIIiP�M 6 k I1I1I1ppI11111 ��. b. 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 begin 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 three 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 three business days after the date of hire. An Employer enrolled as a Federal contractor in E -Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. 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 under 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. Employers in this category must begin 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. d. 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 verify existing staff following DHS procedures and begin E -Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E -Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete anew Form 1-9 consistent with Article II.A.6 or update the previous Form 1-9 to provide the necessary information if: I. The Employer cannot determine that Form 1-9 complies with Article II.A.6, H. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 181553 4 SeU4 � 0)) � Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article II.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E -Verify User Manual. g. The Employer agrees not 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 based on this Article. 3. 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. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E -Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E -Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E -Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight-day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E -Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E -Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 181553 b. Photo verification checks (when available) on employees. y-� �jjj .& 16 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E -Verify. 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 with access to E -Verify training materials as well as an E -Verify User Manual that contain instructions on E -Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E -Verify. 4. DHS agrees to train Employers on all important changes made to E -Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes tc E -Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in E -Verify. 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. 6. DHS agrees to issue each of the Employer's E -Verify users a unique user identification number and password that permits them to log in to E -Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E -Verify, 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 INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. 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 notice as directed by E -Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify Page 8 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 181553 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E -Verify. The Employer must record the case verification number, review the employee information submitted to E -Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight 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. 5. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E -Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 181553 00 employee to contact DHS through its toll-free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. 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. 9. While waiting for case results, the Employer agrees to check the E -Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. 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 E -Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E -Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E -Verify system enhancements by DHS or SSA, including but not limited to E -Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 { Ver1� A/ l Company ID Number: 181553 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E -Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E -Verify, with or without notice at any time 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 E -Verify procedures and/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 the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E -Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. 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 cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E -Verify participant, 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. 4. The Employer agrees that E -Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E -Verify. ARTICLE VI PARTIES A. 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 necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. 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. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. 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. E. The Employer understands that 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, Page 11 of 17 E -Verify MDU for Employers I Revision Date 06/01/13 rVeri � ; m Company ID Number: 181553 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). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E -Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 1-888-464-4218. Page 12 of 17 E -Verify MOU for Employers I Revision Date 06/01113 Ve I Company ID Number: 181553 Approved by: Employer Crawford, Murphy & Tilly, Inc. Name (Please Type or Print) Title Susan J Trello Signature Date Electronically Signed 01116/2009 Department of Homeland Security— Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 01/16/2009 Page 13 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 ': e` 6.. E-Verify 1$ Company ID Number: 181553 Information Required for the E -Verify Program Information relating to your Company: Company Name Crawford, Murphy & Tilly, Inc. Company Facility Address 2750 West Washington Street Springfield, IL 62702 Company Alternate Address County or Parish SANGAMON Employer Identification Number 370844662 North American Industry Classification Systems Code 541 Parent Company Number of Employees 100 to 499 Number of Sites Verified for 16 Page 14 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 1fy \� Company ID Number: 181553 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: FLORIDA 1 site(s) ILLINOIS 7 site(s) INDIANA 1 site(s) MISSOURI 3 site(s) OHIO 3 site(s) TENNESSEE 1 site(s) Page 15 of 17 E -Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 181553 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Tom W Roy Phone Number (217) 572 - 1035 Fax Number (217) 787 - 4183 Email Address troy@cmtengr.com Name Kristine M Allen Phone Number (217) 572 - 1129 Fax Number (217) 787 - 4183 Email Address kallen@cmtengr.com Page 16 of 17 E -Verify MOU for Employers i Revision Dale 06/01/13 Staff: Casey Brunke, P.E., Assistant Agenda: Public Works Director 2/4/2019 SUBJECT A Resolution authorizing the City Manager to execute a General Services Agreement with Bowen Engineering & Surveying, Inc. for Parks and Recreation and Stormwater Phase 2 Projects. EXECUTIVE SUMMARY Seven General Services Agreements are being brought before Council tonight. The General Services Agreements will allow the City to issue Task Orders to any of the consultants for professional services necessary to complete the stormwater projects identified in the Parks and Recreation and Stormwater Phase 2 program. BACKGROUND/DISCUSSION On October 17, 2018, the City solicited Statements of Qualifications (SOQ's) from interested consultants for the Parks and Recreation and Stormwater Phase 2 Projects. Nine firms responded. After reviewing and scoring the SOQ's, seven consultants were invited to join the consultant pool. These firms are Bowen Engineering & Surveying, Inc., Crawford, Murphy & Tilly, Horner & Shifrin, Inc., Intuition & Logic Engineering, Inc., Koehler Engineering and Land Surveying, Inc., Stantec Consulting Services, Inc., and Woodard & Curran. The purpose of the attached General Services Agreement is to set the general contract provisions between the consultant and the City. From the General Services Agreement, Task Orders will be issued for defining the specific work, scope, and fee for each task. The City Manager will be authorized to sign the Task Orders on behalf of the City. FINANCIAL IMPACT Funds for these services will come from the Parks and Recreation and Stormwater Phase 2 sales tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS STAFF RECOMMENDATION Staff recommends the Council approve a Resolution authorizing the City Manager to enter into a General Services Agreement with Bowen Engineering & Surveying, Inc. PUBLIC OUTREACH Presentations were made to the public and to civic organizations prior to each vote for the Parks and Recreation and Stormwater Sales Tax. The citizens voted favorably for the second phase of the Parks and Recreation and Stormwater Sales Tax on April 3, 2018. ATTACHMENTS: Name: ❑ Agreement Bowen Eno Parks and Rec Stormwater Phase 2.doc ❑ Bowen GSA Executed.odf Description: Resolution Bowen PRS2 GSA BILL NO. 19-19 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BOWEN ENGINEERING & SURVEYING, INC., FOR PARKS AND RECREATION AND STORMWATER PHASE 2 PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Services Agreement with Bowen Engineering & Surveying, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY of CAPE GIRARDEAU PUBLIC WORKS DEPARTMENT CONTRACT For Parks and Recreation and Stormwater Phase 2 (PRS2) Projects CONSULTANT NAME: Bowen Engineering & Surveying, Inc. THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Bowen Engineering & Surveying, Inc., 2121 Megan Drive, Cape Girardeau, Missouri 63701, hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through its Parks and Recreation and Stormwater Phase 2 (PRS2) Fund and various sources, the City intends to complete the Parks and Recreation and Stormwater Phase 2 (PRS2) projects and requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design, and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE — The Consultant will if requested by the City: 1. determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydrologic/hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design based on these studies; 5. submit appropriate copies of preliminary plans, estimates and/or studies for review by the City; 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE — The Consultant will if requested by the City: 1. assist the City in advertising for bids and evaluating bids. 2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to gross errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (1) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: assist the City with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; -2- 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; 5. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; 8. maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; -3- B. provide the Consultant with the City's requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed a Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: 1. Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. 1. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Payment. In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VH - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of. foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the -5- Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. -6- ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII - INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant -7- and its employees, agents and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City based on the circumstances, the Consultant and his subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Type Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability, including: Comprehensive Automobile Liability, $420,606 each person Employer Liability, City's Protective Bodily Injury $2,804,046 each occurrence Including Death, and City's Protective Property Damage: The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection -8- and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2019, 2020, 2021, 2022, 2023, and 2024 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C — Affidavit of Participation in Federal Work Authorization Program 6m Executed by the Consultant this 20 day of 120 18 . Executed by the City this day of 20 FOR: CI`T'Y OF CAPE GIRARDEAU ff-w ATTEST: Scott Meyer, City Manager Bruce Taylor, Deputy City Clerk FOR: BOWEN ENGINEERING & SURVEYING, INC. IRm ATTEST: (L OA -Q1 WG1V A a Angie Davis, Office Manager -10- ATTACHMENT"A" CHARGE OUT RATES Hourly Rate DISCIPLINE 2019* 2020* 2021* 2022* 2023* 2024* Principal---------------------------------------------- ---$--1-2-3--.0-0--- ---$-1-2--8-.-0-0--- -$--1-3-2--0-0--- -- ------ --- --$--1-3-6--.0--0-- -- ------ --- -$--1-3-7-.-0-0- Professional Engineer----------------------------- --- - -- _ _ - $98_00-- _-$100.00-- - $103_00-- - $105.00 ____________ $106.00 ____________ _ _ $107.00__ Professional Land Survexor ____ _ __ _ _ $85_00 - $87_00 ___ _ _ $89.00 - $91_00 $92.00 _ $93.00 Engineering Intern----------------------------------------------- --$78_00-- -_ $81.00--- -- $83_00-_ -_ $85_00--- $88.00-_ ---$87_00 _- En�ineerin�Technician----------- - --- - _________________ _ $78_00-- -- $81_00--- - $83.00__ __ $85_00 ___ _ -$86.00-_ $87.00_-- 1 Man Survey Crew With GPS Enabled Rover) -------------- - $123.00 - _$128.00 $132.00 _$134.00__ - $136.00 $137.00__ 2 Man Survey Crew --------------------------------------------- _ $123.00 ____________ -$128.00 _ __ $132.00 ____________ _ -$134.00-- _ $136.00 - -- $137.00-- 3 Man Survey Crew _____ _____ _ $162.00 $168.00 _____________ $173.00 _________ _ _ $176.00 _ - $178.00 $179.00 GPS Enabled ATV$206.00 ______________________________ ____________ $213.00 _____________ $220.00 ____________ $223.00 _____________ $226.00 ____________ $228.00 _____________ CADD Technician --------------------------------------------------------------------- $72.00 ----------- $74.00 ------------- $76.00 ------------ $78.00 ------------- $79.00 ----------- $79.00 ------------- Testing Technician ----------------- ----- - - - ---- - -- _ $59_00 __ $60.00 _____________ $62.00 ____________ $63.00 _____________ $64.00 ____________ $65.00 _____________ Office Manager $59.00 $60.00 $62.00 $63.00 $64.00 1 $65.00 Direct Costs: Vehicle Mileage - IRS Rate (per mile)$0.540 $0.540 $0.540 $0.540 $0.540 $0.540 Nuclear Density Gauge (per hour) - _- _-_ $30_00 - $30.00 $30.00 _ $30.00 $30.00 $30.00__ Moisture Density Control Curve_(per curve) - _____ __ ___ $275 00 _ ______ $300-.0-0 ___ ___ __ $300.00 ________ $300.00--.--$3-00.00--..--$300.00 _ ___________ _________ Sieve Analysis (per test) _________________________________________________ __$100.00 $150.00 $150.00 __ $150.00--.--$1-50.00 _____ $150.00 _____________ Atterberg Limits (LL, PL, PI) (per test) $100.00 $100.00 $100.00 $100.00 $100.00$100.00 Concrete Compressive Strength Test (par cylinder) $15.00 _ $15.00 $15_00 - $15.00 $15.00 $15.00 Grout Compressive Strength Test (per cube) $15.00 $15.00 $15.00 $15.00 $15.00 $15.00 Mortar Compressive Strength Test (per cylinder) - - _ $15.00 __ $15.00 _______ $15.00 __ _ __ $15.00 ________ $15-.00--.---$-1-5.00--- ____ Comments * Reflects escalation of approximately 3.5% per year for years 1 - 3, 3.25% for year 4, 3.00% for year 5 and 2.75% for year 11 - ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www.epls.gov/epls/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Chris Bowen Comes now (office held) first being duly sworn, on my oath, affirm President (name) as Bowen Engineering & Surveying, Inc. (Company Name) "Consultant" is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the Parks and Recreation and Stormwater Phase 2 [PRS21 Projects and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS.) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo). G� Signature (person with authority) President Title State of Missouri County of Bollinger Chris Bowen Printed Name December 26, 2018 Date ss. Subscribed and sworn to before me this 28t"lay of December 20 18 My commission expires: July 15, 2021 -14- 8-VERIFY 35 A EERY CE+OE UNE E-Verify � f��� A Company ID Number: 247646 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 Bowen Engineerinq & Surveying. Inc. (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 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 1 of 131E -Verify MOU for EmployerlRevision Date 10/29108 'v:+ d'+, f - V -es i f y E -Verify Ao Company ID Number: 247646 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 Bowen Engineering & Surveying, Inc. Christopher M Buerck Name (Please Type or Print) Title Electronically Signed___ __ 09/08/200_9_ Signature _ Date -- Department of Homeland Security - Verification Division USCIS Verification Division Name (Please Type or Print) Electronical v Wined Signature Page 11 of 13JE-Verify MOU for EmployeriRevision Date 10/29/08 Title 09108/2009 Date Staff: Casey Brunke, P.E., Assistant Agenda: Public Works Director 2/4/2019 SUBJECT A Resolution authorizing the City Manager to execute a General Services Agreement with Horner & Shifrin, Inc. for Parks and Recreation and Stormwater Phase 2 Projects. EXECUTIVE SUMMARY Seven General Services Agreements are being brought before Council tonight. The General Services Agreements will allow the City to issue Task Orders to any of the consultants for professional services necessary to complete the stormwater projects identified in the Parks and Recreation and Stormwater Phase 2 program. BACKGROUND/DISCUSSION On October 17, 2018, the City solicited Statements of Qualifications (SOQ's) from interested consultants for the Parks and Recreation and Stormwater Phase 2 Projects. Nine firms responded. After reviewing and scoring the SOQ's, seven consultants were invited to join the consultant pool. These firms are Bowen Engineering & Surveying, Inc., Crawford, Murphy & Tilly, Horner & Shifrin, Inc., Intuition & Logic Engineering, Inc., Koehler Engineering and Land Surveying, Inc., Stantec Consulting Services, Inc., and Woodard & Curran. The purpose of the attached General Services Agreement is to set the general contract provisions between the consultant and the City. From the General Services Agreement, Task Orders will be issued for defining the specific work, scope, and fee for each task. The City Manager will be authorized to sign the Task Orders on behalf of the City. FINANCIAL IMPACT Funds for these services will come from the Parks and Recreation and Stormwater Phase 2 sales tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS STAFF RECOMMENDATION Staff recommends the Council approve a Resolution authorizing the City Manager to enter into a General Services Agreement with Horner & Shifrin, Inc. PUBLIC OUTREACH Presentations were made to the public and to civic organizations prior to each vote for the Parks and Recreation and Stormwater Sales Tax. The citizens voted favorably for the second phase of the Parks and Recreation and Stormwater Sales Tax on April 3, 2018. ATTACHMENTS: Name: Description: ❑ Agreement Horner Shirfin Parks and Rec Stormwater Phase 2.doc Resolution ❑ Horner Shifrin GSA Executed.odf Horner & Shifrin PRS2 GSA BILL NO. 19-20 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HORNER & SHIFRIN, INC., FOR PARKS AND RECREATION AND STORMWATER PHASE 2 PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Services Agreement with Horner & Shifrin, Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY Ot CAPE GIRARDEAU PUBLIC WORKS DEPARTMENT CONTRACT For Parks and Recreation and Stormwater Phase 2 (PRS2) Projects CONSULTANT NAME: Horner & Shifrin, Inc. THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Horner & Shifrin, Inc., 401 S. 101 Street, Suite 400, St. Louis, Missouri 63103, hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through its Parks and Recreation and Stormwater Phase 2 (PRS2) Fund and various sources, the City intends to complete the Parks and Recreation and Stormwater Phase 2 (PRS2) projects and requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design, and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE — The Consultant will if requested by the City: I . determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydrologic/hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design based on these studies; 5. submit appropriate copies of preliminary plans, estimates and/or studies for review by the City; 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; comply with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); comply with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. comply with all regulations in regards to noise abatement and air quality, if necessary; and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE — The Consultant will if requested by the City: assist the City in advertising for bids and evaluating bids. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to gross errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (1) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". Variations in material prices beyond the Consultant's control do not constitute misjudgment of costs. C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: 1. assist the City with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; -2- 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; 5. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant wider this contract; maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; -3- B. provide the Consultant with the City's requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed a Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: Charge Out rates (Hourly Billing Rates By Employee Category) shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. This schedule of Charge Out rates is effective January 1, 2019 and may be subject to revision thereafter. Consultant will submit annually a revised charge out rate sheet. For budgeting purposes, approximate charge out rates for subsequent years can be assumed to generally increase by 3% annually; however, actual charge out rates in effect during the development of -4- fees for a specific Task Order will be used provided that task is authorized to proceed in the calendar year during which it was estimated. 2. Reimbursable costs and additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. a. For expenses incurred by Consultant, such as authorized travel and subsistence (including airfare, food, lodging, automobile rental, commercial services, and other incidental expenses) payment shall be at the actual cost to Consultant. b. For document reproduction expenses, long-distance telephone calls and/or facsimile transmissions, company vehicle usage, testing apparatus rental, computer use, and other direct expenses, payments shall be based on Consultant's standard rates in effect at the time such services are employed. Included in Attachment A, "Reimbursable and In -House Charges", lists rates currently in effect for common direct expenses. METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Pam In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. -5- ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of: foundation borings and tests, abstracts of title, surveying, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. -6- ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. In the event of a termination for cause due to Consultant's breach of this Contract, the Consultant will be responsible for any damages the City may sustain as a direct result of such breach in addition to any other damages provided for in this Contract. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United -7- States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII - INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City based on the circumstances, the Consultant and his subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Type Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability, including: Comprehensive Automobile Liability, $420,606 each person Employer Liability, City's Protective Bodily Injury $2,804,046 each occurrence Including Death, and City's Protective Property Damage: The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. WE The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipihent, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2019 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C — Affidavit of Participation in Federal Work Authorization Program -9- Executed by the Consultant this;�YWay of _ 20/1. Executed by the City this day of 20 FOR: CITY OF CAPE GIRARDEAU ATTEST: Scott Meyer, City Manager Brice Taylor, Deputy City Clerk FOR: HORNER & SHIFRIN, INC. ON NAME: %l / pa, YPC-,. - dj3r'-L Written Name and Title ATTEST: -10- m ATTACHMENT A Break Out Rates For Year201 J -11- Hourly Billing Rates by Classification Effective: 1/3/19 API PROFESSIONAL 1 $ 230 AP2 PROFESSIONAL 2 $ 140 AT4 CLERICAL 3 $ 76 AT6 CLERICAL 6 $ 55 8P1 AVP BUILDING SERVICES $189 BP3 SR PM BUILDING SERVICES $ 178 BP4 SR PM BU'ILDI'NG SERVICES $ 160 BPS SR PM BUILDING SERVICES $ 148 W7PM BUILDING SERVICES $ 125 BP13 ENGR BUILDING SERVICES $ 85 BT1 PROF DESIGNER BUILDING SERVICES $122 BT2 SR DESIGNER BUILDING SERVICES $ 97 BT3 PE51GRER BUILDING SERVICES $ 84 BT4 CAD TECH BUILDING SERVICES $ 77 BT$ CAD TECH BUILDING SERVICES $ 70 CP1 DEPT MGR CONST SVCS $ 147 CP3 PROJ ENGR CONST SVCS $115 CT2 CONST SVCS TECH 2 $ 112 CT4 CONST SVCS TECH 4 $ 93 CT5 CONST SVCS TECH 5 $ 83 CT6 CONST SVCS TECH 6 $ 55 EPI VP ENVIRONMENTAL ENGR $ 240 EP2AVPENVIRONMENTALRNGR $187 EP4 SR PM ENVIRONMENTAL ENGR $ 162 EPS SR PM ENVIRONMENTAL ENGR $ 156 EP7 PM ENVIRONMENTAL ENGR $ 135 EP8 SIR PE ENVIRONMENTAL ENGR $124 EP9 PE ENVIRONMENTAL ENGR $ 114 EP10 PE ENVIRONMENTAL ENGR $ 98 EP11 DESIGN ENGR ENVIRONMENTAL ENGR $ 93 EP12 DESIGN ENGR ENVIRONMENTAL ENGR $ 88 ETI PROF DESIGNER ENVIRONMENTAL ENGR $ 110 ET3 DESIGNER, ENVIRONMENTAL ENGR $ 83 ET4 CAD TECH ENVIRONMENTAL ENGR $ 66 ETS CAD TECH ENVIRONMENTAL ENGR $ 62 ET6 CAD TECH ENVIRONMENTAL ENGR $ 52 GP2 MANAGER $145 GP3 MANAGER $ 130 GT4 COORDINATOR $ 75 IPI AVP - GIS/IT/SURVEY $ 190 IP2 SENIOR GIS/IT PROFESSIONAL $ 125 IT2 GIS/IT ANALYST $ 90 ITS GIS ANALYST $ 70' SP1 VP STRUCTURAL ENGR $ 240 SP2 AVP STRUCTURAL ENGR $ 185 SP3 SR PM STRUCTURAL ENGR $ 175 $P4 SR PM STRUCTURAL ENGR $ 155 SPS SR PM STRUCTURAL ENGR $ 150 SP6 PM STRUCTURAL ENGR $ 140 SP7 PM STRUCTURAL ENGR $ 130 SP8 SR PE STRUCTURAL ENGR $ 120 SP9 PE STRUCTURAL ENGR $110 SP 10 PESTRUCTURALENGR $ 102 SP11 DESIGN ENGR STRUCTURAL ENGR $ 95 SMDESIGNENGR STRUCTURAL ENGR $ 90 ST3 DESIGNER STRUCTURAL ENGR $ 88 SU1 PROFESSIONAL LAND SURVEYOR $ 130 SU2 PROFESSIONAL LAND SURVEYOR $ 118 SU3 PROFESSIONAL LAND SURVEYOR $ 100` SU4 SURVEY INSTRUMENT TECHNICIAN $ 85 TES2 ENV SCIENTIST TRANS CIV ENGR $ 150 TPI VP TRANS CIV ENGR $ 240 TP2 AVP TRANS CIV ENGR $ 195 TP3 ENGR MGR TRANS CIV ENGR $ 180 TP4 SR PM TRANS CIV ENGR $ 160 TPS SR PM TRANS CIV ENGR $ 150 TP6 PM TRANS CIV ENGR $ 135 TP7 PM TRANS CIV ENGR $ 120 TP8 SR PE TRANS CIV ENGR $ 112% TP9 PE TRANS CIV ENGR $ 105 TP10 PE TRANS CIV ENGR ' $300 TP11 DESIGN ENGR TRANS CIV ENGR $ 95 TP12 DESIGN ENGR TRANS CIV ENGR $ 90 TP13 ENGR TRANS CIV ENGR $ 87 TTI PROF DESIGNER TRANS CIV ENGR $ 105 TT3 DESIGNER TRANS CIV ENGR $ 78 Reimbursable Expenses Effective: 1/1/18 EQUIPMENT Manhole Inspection Camera 3D Scanner (Equipment Only) Traffic Counters Mobile tab / Office Bridge Inspection Small Tools Large Format Bond (Monochrome) Large Format Bond (Color) Large Format Photo Glossy (Color) Large Format Specialty (Color) Large Format Mylar Copied;+esker/Legal,(Monochrome) Copies Letter/Legal (Color) Copies 11 X 17 jMonochrome;) Copies 11 X 17 (Color) Manhole Smoker Oil Mileage Per Diem, Empty Cylinder Molds Airfare Facility Rental (Public Involvement) Mounting of Display Boards Newspaper Advertisements / Legal Notices Outsourced Reproduction Overnight Delivery / Postage / Courier Service Overn)$kft'Lodging Railroad Fees and Expenses Recording Fees / Courthouse Fees Rented Equipment Specific: Insurance (Required.for Project) Tolls / Cabs / Mass Transit Traffic iotrol&P.rotection Security Survey (Urban) -1 Person Crew Survey (Urban) -1 Person Construction Staking Survey (Urban) -2 Person Crew Survey (Urban.) -2 Person Construction Staking Survey (Urban) Technician Survey VUrban) - Professional Land Surveyor Survey (Urban) -3D Scanner and Technician Survey (Rural) - 1 Person Crew Survey (Rural) - 1 Person Construction Staking $10 Hour $45 Hour $60 Each $175 Week $100 Day $0.25 Square Foot $0.50 Square Foot $3.25 Square Foot $3.25 Square Foot $3.50 Square Foot $0.10 Each $0.50 Each $0.20 Each $1.00 Each $0.05 Linear Foot Per IRS Mile $54 Day $4 Each Actual Cost* 10% Actual Cost + 10% Actua I Cost + 10% Actual Cost + 10% Actua l Cost + 10%. Actual Cost + 10% Actual Cost + 10% Actual Cost + 10% Actual Cost +10% Actual Cost + 10% Actual Cost t 10% Actual Cost + 10% Actual Cost + 10% Actual Cost + 10% $116 Hour $126 Hour $168 Hour $168 Hour $84 Hour $122 Hour $163 Hour $84 Hour $105 Hour HORNERgSHIFRIN Reimbursable Expenses Effective: 1/1/18 Survey (Rural) -2 Person Crew $116 hour Survey (Rural) -2 Person Construction Staking $137 Hour Survey(Rural)- Techniclan $74 Hour Survey (Rural) - Professional Land Surveyor $104 Hour Survey (Rural) -3D Scanner and Technician $142 Hour ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not Imowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended; ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www.epis.gov/epls/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized wider paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, malting false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes now Gino E.B. Bernardez, P.E. (office held) first being duly sworn, on my oath, affirm (name) as Senior Vice President Horner & Shifrin, Inc. (Company Name) "Consultant" is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the Parks and Recreation and Stormwater Phase 2 (PRS2) Projects and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS.) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575,040, RSMo). - Gino E.B. Bernardez, P.E. Signature (person with authority) Printed Name Senior Vice President /._-- �23-_` l-1 Title Date State of Missouri ss. City of St. Louis Subscribed and sworn to before me this oZ 3 day of January 20) g — 111L My commission expires: N tary Public -14- LVANESSA DAVIS ary Public, Notary Soal tate of Missourit. Louis County mmission # 13722667 mission Expires June 02, 2021 .sEf`G M� Verily. a/IllllliA�r, N+YGµIYY IBR 96RVSC8 OP OM6 Company ID Number: 176989 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 Horner & Shifrin. Inc. (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 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page 7 of I3JE-Verify MOU for EmployerlRevision Date 10/29/06 vt+ tvGY.�lh;�. ,z:as i6 nSi t's`fy -verify. 111 III NlEiPB M1-V¢PIFY 39 A 8¢flVIfB OP ON6 Company ID Number: 176989 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: i Automated verification checks on alien employees by electronic means, and • Photo verification checks (when available) on employees. 2. DHS agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E -Verify process. 3. DHS agrees to provide to the Employer a manual (the E -Verify User Manual) containing instructions on E -Verify policies, procedures and requirements for both SSA and DHS, including restrictions on the use of E -Verify. DHS agrees to provide training materials on E -Verify. 4. DHS agrees to provide to the Employer a notice, which indicates the Employer's participation in the E -Verify program. DHS also agrees to provide to the Employer anti- discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 5. DHS agrees to issue the Employer a user identification number and password that permits the Employer to verify information provided by alien employees with DHS's database. 6. DHS agrees to safeguard the information provided to DHS by the Employer, and to limit access to such information to individuals responsible for the verification of alien employment eligibility and for evaluation of the E -Verify program, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security Numbers and employment eligibility, to enforce the Immigration and Nationality Act (INA) and Federal criminal laws, and to administer Federal contracting requirements. 7. DHS agrees to provide a means of automated verification that is designed (in conjunction with SSA verification procedures) to provide confirmation or tentative Page 2 of 131E -Verify MOU for Employerlftevision Date 10/29/08 1NV-rt .(2h5 •,n _may ,y,E-Verifs .l. 6:- o, � Yi�tA e-V8R1PY IBA 88 vM'sToe Company ID Number: 176989 nonconfirmation of employees' employment eligibility within 3 Federal Government work days of the initial inquiry. 8. DHS agrees to provide a means of secondary verification (including updating DHS records as may be necessary) for employees who contest DHS tentative nonconfirmations and photo non -match tentative nonconfirmations that is designed to provide final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. C. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system. 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted regarding E -Verify. 3. The Employer agrees to become familiar with and comply with the most recent version of the E -Verify User Manual. 4. The Employer agrees that any Employer Representative who will perform employment verification queries will complete the E -Verify Tutorial before that individual initiates any queries. A. The Employer agrees that all Employer representatives will take the refresher tutorials initiated by the E -Verify program as a condition of continued use of E - Verify, including any tutorials for Federal contractors if the Employer is a Federal contractor. B. Failure to complete a refresher tutorial will prevent the Employer from continued use of the program. 5. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(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. e 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 981E -Verify MOU for EmployerlRevislon Date 10128/00 _ °+R<9+Z.z�a.5:.a'C � _ltF:a iffy er ify e RW6PIPY va Company ID Number: 176989 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 I-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 274B of the INA with respect to Form 1-9 procedures, except for the following modified requirements applicable by reason of the Employer's participation in E -Verify: (1) identity documents must have photos, as described in paragraph 5 above; (2) a rebuttable presumption is established that the Employer has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of any individual if it obtains confirmation of the identity and employment eligibility of the individual in compliance with the terms and conditions of E -Verify; (3) the Employer must notify DHS if it continues to employ any employee after receiving a final nonconfirmation, and is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) the Employer is subject to a rebuttable presumption that it has knowingly employed an unauthorized alien in violation of section 274A(a)(1)(A) if the Employer continues to employ an employee after receiving a final nonconfirmation; and (5) no person or entity participating in E -Verify is civilly or criminally liable under any law for any action taken in good faith based on information provided through the confirmation system. DHS reserves the right to conduct Form 1-9 compliance inspections during the course of E -Verify, as well as to conduct any other enforcement activity authorized by law. 7. The Employer agrees to initiate E -Verify verification procedures for new employees within 3 Employer business days after each employee has been hired (but after both sections 1 and 2 of the Form 1-9 have been completed), and to complete as many (but only as many) steps of the E -Verify process as are necessary according to the E -Verify User Manual. The Employer is prohibited from initiating verification procedures before the employee has been hired and the Form 1-9 completed. If the automated system to be queried is temporarily unavailable, the 3 -day time period is extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. In all cases, the Employer must use the SSA verification procedures first, and use DHS verification procedures and photo screening tool only after the SSA verification response has been given. Employers may initiate verification by notating the Form 1-9 in circumstances where the employee has applied for a Social Security Number (SSN) from the SSA and is waiting to receive the SSN, provided that the Employer performs an E -Verify employment verification query using the employee's SSN as soon as the SSN becomes available. 8. The Employer agrees not to use E -Verify procedures for pre-employment screening of job applicants, in support of any unlawful employment practice, or for any other use not authorized by this MOU. Employers must use E -Verify for all new employees, unless an Employer is a Federal contractor that qualifies for the exceptions described in Article II.D.1.c. Except as provided in Article ILD, the Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. The Employer understands that if the Employer uses E -Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its access to SSA and DHS information pursuant to this MOU. 9. The Employer agrees to follow appropriate procedures (see Article III. below) regarding tentative nonconfirmations, including notifying employees of the finding, providing written referral instructions to employees, allowing employees to contest the finding, and not taking Page 4 of 131E -Verify RAOU for EmployerlRevision Date 1029108 "i'l -,v,. t' ..fit -°t1'e3' ly verify N, P ;" p�YPRIFY ISA ¢¢pVtC6TOF p Company ID Number: 176989 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 1-800- 255-8155 or 1-800-237-2515 (TDD). 11. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274B of the INA by not discriminating unlawfully against any individual in hiring, firing, or recruitment or referral practices because of his or her national origin or, in the case of a protected individual as defined in section 27413(a)(3) of the INA, because of his or her citizenship status. The Employer understands that such illegal practices can include selective verification or use of E -Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound foreign' or have received tentative nonconfirmations. The Employer further understands that any violation of the unfair immigration -related employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VII could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274E 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 6 of OJE-Verify MOUfor EmpioyeriRevision Date 10/29/08,$,,•dt Use rtjpr,,grp,.,tE AV, ify eserpRi )l�)v r' l d p.l PNrax� qEve4VAp]PY 1% x s¢pv[¢¢ oP pHs Company ID Number: 176989 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 EmployerlRevislon Date 10129/08 1?1` .`V qG�y kc, f ;-VA �NfxiPAt Company ID Number: 176989 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 131P.-Ve 6ty MOIL for EmployerlReviaion Date 10/29/06 "°Fw1 v,di:.:.,�.'..`n X -%h FK S --riF� yv Msxw� ¢ VkKiPY A 9¢RV[CB 0: 4X9 Company ID Number: 176989 ARJICLE 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. D. 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 13IE-Verify ddOU for Employ®rlRevision Date 10129/08 ` r'ye-V9pIPl 19 P Company ID Number: 176989 after the Employer receives it. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will provide the employee with a referral letter and instruct the employee to contact DHS through its toll-free hotline (as found on the referral letter) within 8 Federal Government work days. 5. If the employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will provide the employee with a referral letter to DHS. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. The Employer agrees to check the E - Verify system regularly for case updates. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo non -match, the Employer will send a copy of the employee's Form 1-551 or Form 1-766 to DHS for review by: Scanning and uploading the document, 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 signature of all parties, and shall continue in effect for as long as the SSA and DHS conduct the E -Verify program unless modified in writing by the mutual consent of all parties, or terminated by any party upon 30 days prior written notice to the others. Any and all system enhancements to the E -Verify program by DHS or SSA, including but not limited to the E -Verify checking against additional data sources and instituting new verification procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E - Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual. Even without changes to E -Verify, DHS reserves the right to require employers to take Page 9 of 131E -Verify MOU for EmpioyerlRevision Date 10129/08 v9""ww.dhSn,g0V!F,,-W,,ity PM Verify o� � �NfFTPP'n 6•VpplkY is p SppV[ca oP DNS Company ID Number: 176989 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. Pago 10 of 13iE-Verify MOU for EmployerlReMion Daie 10/29/08 vgwfi. 1N.", '; ",gov"F' ­er1& Niq or^ E-Veri fy. WY6RiYY is A sCSVI1.0 Company ID Number: 176989 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 Horner & Shifnin, Inc. Amir Mansouri Name (Please Type or Printi 01107/2009 Signature -... - Date Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type oPrin) l Wron/Cal as neri 01/0712009 Signature Date Page 11 of 191E -Verify MOU for ErnployerlRevision Date 10129/08 v x aI " +"> raiz:; L MrsroIx L�VIRYPY i6 A etnvice p118 Company ID Number: 176989 Information Required for. the E -Verify Program Information rolating.to your Company: Company Name. Horner & Shifrin, Inc. Company Facility Address: 5200 Oakland Avenue St Louis. MO 63110 Company Alternate Address: County or Parish: SAINT LOUIS Employer Identification Number: 430881661 North American Industry Classification Systems 541 Parent Company: Number of Employees: 20 to 99 Number of Sites Verified for: 2 Are you verifying for more than 7 site? If yes, please provide the number of sites verified for in each State: MISSOURI 1 site(s) Page 12 of 131E -Verify MOU for EmployerlRevision Date IU29108 wwi j �?si ,Wfr— i`;ffv -Verify. }.� �'ti B-V811iFY 9 A 5611VSC6 DF DN9 Company ID Number; 176989 ILLINOIS 1 site(s) Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Linda R Hopkins Telephone Number: (314) 531 - 4321 ext. 305305 Fax Number: (314) 531 - 6966 E-mail Address: Ihopkins@hornershifrin.com Name: Amir M Mansouri Telephone Number: (314) 531 -4321 ext. 317 Fax Number: (314) 531 - 6966 E-mail Address: amansouri@hornershifrin.com Name: Corina A Gessford Telephone Number: (314) 531 -4321 ext. 562562 Fax Number: (314) 531 - 6966 E-mail Address: cgessford@hornershifrin.com Page 13 of 13JE Wrify N1011 for EmpleyerlRevision Date 10/29/08 gni Staff: Casey Brunke, P.E., Assistant Agenda: Public Works Director 2/4/2019 SUBJECT A Resolution authorizing the City Manager to execute a General Services Agreement with Stantec Consulting Services, Inc. for Parks and Recreation and Stormwater Phase 2 Projects. EXECUTIVE SUMMARY Seven General Services Agreements are being brought before Council tonight. The General Services Agreements will allow the City to issue Task Orders to any of the consultants for professional services necessary to complete the stormwater projects identified in the Parks and Recreation and Stormwater Phase 2 program. BACKGROUND/DISCUSSION On October 17, 2018, the City solicited Statements of Qualifications (SOQ's) from interested consultants for the Parks and Recreation and Stormwater Phase 2 Projects. Nine firms responded. After reviewing and scoring the SOQ's, seven consultants were invited to join the consultant pool. These firms are Bowen Engineering & Surveying, Inc., Crawford, Murphy & Tilly, Horner & Shifrin, Inc., Intuition & Logic Engineering, Inc., Koehler Engineering and Land Surveying, Inc., Stantec Consulting Services, Inc., and Woodard & Curran. The purpose of the attached General Services Agreement is to set the general contract provisions between the consultant and the City. From the General Services Agreement, Task Orders will be issued for defining the specific work, scope, and fee for each task. The City Manager will be authorized to sign the Task Orders on behalf of the City. FINANCIAL IMPACT Funds for these services will come from the Parks and Recreation and Stormwater Phase 2 sales tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS STAFF RECOMMENDATION Staff recommends the Council approve a Resolution authorizing the City Manager to enter into a General Services Agreement with Stantec Consulting Services, Inc. PUBLIC OUTREACH Presentations were made to the public and to civic organizations prior to each vote for the Parks and Recreation and Stormwater Sales Tax. The citizens voted favorably for the second phase of the Parks and Recreation and Stormwater Sales Tax on April 3, 2018. ATTACHMENTS: Name: C Agreement Stantec Parks and Rec Stormwater Phase 2.doc ❑ Stantec GSA Executed.odf Description: Resolution Stantec PRS2 GSA BILL NO. 19-21 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH STANTEC CONSULTING SERVICES INC., FOR PARKS AND RECREATION AND STORMWATER PHASE 2 PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Services Agreement with Stantec Consulting Services Inc., for Parks and Recreation and Stormwater Phase 2 Projects, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY Of CAPE GIRARDEAU PUBLIC WORKS DEPARTMENT CONTRACT For Parks and Recreation and Stormwater Phase 2 (PRS2) Projects CONSULTANT NAME: Stantec Consulting Services, Inc. THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Stantec Consulting Services, Inc., 1859 Bowles Avenue, Suite 250, Fenton, Missouri 63026, hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through its Parks and Recreation and Stormwater Phase 2 (PRS2) Fund and various sources, the City intends to complete the Parks and Recreation and Stormwater Phase 2 (PRS2) projects and requires professional services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design, and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE — The Consultant will if requested by the City: 1. determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydrologic/hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design based on these studies; 5. submit appropriate copies of preliminary plans, estimates and/or studies for review by the City; 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE — The Consultant will if requested by the City: 1. assist the City in advertising for bids and evaluating bids. 2. Bids Exceeding Cost Estimate If all bids exceed Consultant's Estimate, due to gross errors in plan quantities or gross misjudgment of costs, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (1) give written approval of an increase in the Project cost, (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: assist the City with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; -2- 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; 5. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; 8. maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; -3- B. provide the Consultant with the City s requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed a Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. -4- METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Rieht to Withhold Payment. In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY — If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant wan -ants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VHI - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of: foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the -5- Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. -6- ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment Cl that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII - INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant -7- and its employees, agents and subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City based on the circumstances, the Consultant and his subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Type Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability, including: Comprehensive Automobile Liability, $420,606 each person Employer Liability, City's Protective Bodily Injury $2,804,046 each occurrence Including Death, and City's Protective Property Damage: The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished to the City prior to the Consultant commencing the work on this project. Except for Workers' Compensation and Employer's Liability, the certificates must state, "The CITY OF CAPE GIltARDEAU is an additional insured". The City reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. The use and disclosure of the confidential information shall not apply to information which (a) was known to the Consultant before receipt of same from the City; or (b) becomes publicly known other than through the Consultant; or (c) is disclosed pursuant to the requirements of a governmental authority or judicial order. -8- ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2019, 2020, 2021, 2022, 2023, and 2024 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C — Affidavit of Participation in Federal Work Authorization Program -9- +h Executed by the Consultant this fi day of 'Tauuai j 201. Executed by the City this day of 20 FOR: CITY OF CAPE GIRARDEAU ATTEST: Scott Meyer, City Manager Bruce Taylor, Deputy City Clerk FOR: STANTEC CONSULTING SERVICES, INC. BY: 4G4A� Signaiwie NAME: 1114411e4') /-/ay , Written Name and title A -10- ATTACHMENT A Break Out Rates For Year _ Attached are Stantec's 2019 Rates. Rate increases are determined on an annual basis; it is anticipated that rate increases for the years 2019-2024 will be approximately 4% annually. -11- STANTEC 2019 RATE SCHEDULE STANTEC 2019 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 1 of 2) Charges for all professional, technical, and administrative staff directly charging time to the project will be calculated and billed on the basis of the following schedule. Expert Witness Services carry a 50% premium on labor. St ntec_2019_rare_lable.d.. HOURLYLEVEL RATE 3 $87 Generally Not applicable (Admin, CADD Tech., Stenographer) • May on occasion be appropriate for intern and clerical support. 4 97 $g7 Clerical, Intems, & Field/Lab Techs (Geologist, Environmental ScientistlPlanner,GIS Specialist,GIS 5 5$110 $ Technician, Engineering Technician, Senior CADD Tech) • Assists Office Administrators, Engineers, Designers, and field staff with clerical and routine entry level tasks. 7 $116 Junior -level position, Administrative (Project Engineer, GIS Project Manager, Design CADD Tech) 8 $121 • Independently carries out assignments of limited scope using standard procedures, methods and 9 $131 techniques • Assists senior staff in carrying out more advanced procedures • Completed work is reviewed for feasibility and soundness of judgment • Recent graduate from an appropriate post -secondary program or equivalent. 10 $137 Professional level positions (Senior Level Project Engineer, Geologist, Geohydrologist, 11 $147 Environmental Scientist, GIS Manager) 12 $151 • Carries out assignments requiring general familiarity within a broad field of the respective profession • Makes decisions by using a combination of standard methods and techniques • Actively participates in planning to ensure the achievement of objectives • Works independently to interpret information and resolve difficulfies • Provides applied professional knowledge and initiative in planning and coordinating work programs 13 $160 Highty-specialized technical professional or project supervisor (Project ManagerlSenior Engineer) 14 $166 • Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise 15 $184 • Participates in short and long range planning to ensure the achievement of objectives . Makes responsible decisions on all matters, including work methods, and financial controls associated with projects • Decisions accepted as technically accurate • Reviews and evaluates technical work Senior level consultant or management function (Associate Engineer/Program Manager) 1fi. 17 $211 $221 • Recognized as an authority in a specific field with qualifications of significant value • Provides multidiscipline knowledge to deliver innovative solutions in related field of expertise • Independengy conceives programs and problems for investigation • Participates in discussions to ensure the achievement of program and/or project objectives • Makes responsible decisions on expenditures, including large sums or implementation of major programs and/or projects 18 $227 Senior level management position (Professional Consultation/Principal Engineer) 19 $235 • Recognized as an authority in a specific field with qualifications of significant value • Responsible for long range planning within a specific area of practice or region • Makes decisions which are far reaching and limited only by objectives and policies of the organization • Plans/approves projects requiring significant human resources or capital investment • Graduate from an appropriate post -secondary program, with credentials or equivalent • Generally, fifteen years' experience with extensive professional and management experience Expert Witness Services carry a 50% premium on labor. St ntec_2019_rare_lable.d.. STANTEC 2019 RATE SCHEDULE STANTEC 2019 SCHEDULE OF HOURLY RATES AND DISBURSEMENTS (Page 2 of 2) Other Direct Disbursements: Disbursement Rate Vehicle Mileage I Prevallina IRS Rate Subcontract Services Actual Cost+10% Travel Lodging/Meals Actual Cost Capital Purchases and Expendable Materials Actual Cost Postage and Shipping Actual Cost Standard Field Equipment Rates available upon request Stentec_2019_rele_teble.de ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https: //www. epls. gov/epls/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes now / " 1 w G 1 vY (name) as PrI etc pn (office held) first being duly sworn, on my oath, affirm,x S ✓v, ce5 Z, C, (Company Name) "Consultant" is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to the Parks and Recreation and Stormwater Phase 2 (PRS2) Projects and any incidental items associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIPATES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS.) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo). / /--('y Signatureer with authority) Printed Name I-r�V'GiptL� I /)7/DO i9 Title Date i State of 1 SS o ss. County of Lpyui ) Subscribed and sworn to before me this �`l day of 20 19. �-G C'�I� My commission expires: I-�-12�i 12vL.'L ary Public -14- Nlf_OLE C. NARRISON Notary Public - Notary Seal St Louis County -State of Missouri mmissio2`un r_ 188920_ My Commission Expires Apr 29, 2022 �-�erifv Lmlpany lO NumOaa. �9h5 Cllanl GVlµal�Y la NVIeWr. .IR95]0 ayou Ilava any glxas'tlons, conlaL[ E-VYiFi at 1-8884fia42t8. Appmv by: .aPnnq - -(Mlle. nu.-vau�co. swig ure _ __..... ...___..__—_ ham oeamr•raY. sq�.o orquaol- nm.crcag sg.3e aue�9allf,`^n YUAJ I.e EmJy.n � s. r[aNwa ice'-'v.von min l'£vJ•'t: STANTEC_EV_SignaturePage (002).gi$7/5/2018 7:14:09 AM] Staff: Ryan Shrimplin, AICP - City Agenda: Planner 2/4/2019 SUBJECT A Resolution authorizing the City Manager to execute a Performance Guarantee Agreement with EED Development, L.L.C. for The Lochs at Dalhousie - Phase V, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a performance guarantee agreement for public improvements in Phase V of The Lochs at Dalhousie subdivision. The record plat of The Lochs at Dalhousie - Phase V is on this agenda as a separate item. BACKGROUND/DISCUS SION EED Development, L.L.C., developer of The Lochs at Dalhousie subdivision, has submitted public improvement plans for Phase V. The plans have been approved by the City's engineering staff. Per Section 25- 1308 of the City Code, all of the public improvements for a subdivision (or phase) must be completed and/or covered under a performance guarantee agreement in order for the City Council to review a record plat of that subdivision (or phase). The developer has completed some of the public improvements and has executed a performance guarantee agreement for the remainder. As part of the agreement, the developer has obtained an irrevocable letter of credit in the amount of $63,000 based on an estimate prepared by the City's engineering staff. The agreement is attached. The record plat of The Lochs at Dalhousie - Phase V is on this agenda as a separate item. FINANCIAL IMPACT Per the agreement, if the developer does not complete the improvements in two years, the City may complete them and draft (receive payment) from the developer's letter of credit to recover its costs. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to execute a performance guarantee agreement with EED Development, L.L.C. for The Lochs at Dalhousie - Phase V. ATTACHMENTS: Name Description: ❑ Agreement EED Development Lochs at Dalhousie.doc Resolution ❑ Performance Guarantee Agreement The Lochs at Dalhousie - Phase V The Lochs at Dalhousie Phase V (Sidewalks Streetlights) Partially Executed.pdf Performance Guarantee Agreement BILL NO. 19-22 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PERFORMANCE GUARANTEE AGREEMENT WITH EED DEVELOPMENT, L.L.C., FOR THE LOCHS AT DALHOUSIE - PHASE V, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Performance Guarantee Agreement with EED Development, L.L.C., for The Lochs at Dalhousie - Phase V, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk PERFORMANCE GUARANTEE AGREEMENT This Performance Guarantee Agreement, hereinafter referred to as "Agreement", is made and entered into this 115"*''` day of 'Towka v% , 2019, by and between EED DEVELOPMENT, L.L.C., a Missouri Limited Liabi ity Company, having its principal office and place of business at 124 Crosshill Court, Cape Girardeau, Missouri 63701, hereinafter referred to as "Developer", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Missouri Municipal Corporation, hereinafter referred to as "City". WITNESSETH: WHEREAS, the Developer is the owner of The Lochs at Dalhousie — Phase V, a proposed subdivision located within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans and specifications, which have been approved by the City, and has submitted a record plat with request that said plat and the plans and specifications for the improvements in the proposed subdivision be accepted and approved by the City; and WHEREAS, the Developer proposes to meet the ordinance requirements of the City with respect to the posting of this Agreement prior to the approval by the City of the plat proposed for said subdivision, NOW, THEREFORE, in consideration of the foregoing and of the mutual promises and agreements contained herein, the Developer and the City stipulate and agree as follows: 1. The Developer has submitted to the City a record plat of The Lochs at Dalhousie — Phase V, hereinafter referred to as "Proposed Subdivision", with request that said plat be approved by the City. The Developer has also submitted improvement plans for the Proposed Subdivision, which have been approved by the City. 2. An Irrevocable Letter of Credit, hereinafter referred to as "Letter of Credit", has been issued for the cost of the improvements in the Proposed Subdivision by Montgomery Bank, hereinafter referred to as "Financial Institution". The Letter of Credit is attached to this Agreement as "Exhibit A" and made a part hereof as though fully set out herein. The Letter of Credit is a commitment to the Developer from the Financial Institution that it will serve as the primary lender for the development of the Proposed Subdivision and commits itself for enough funds to complete the improvements in the Proposed Subdivision. Further, the Letter of Credit lists the City as the Beneficiary and provides for payment of funds to the City in the event the Developer is found to be in default under this Agreement. 3. A copy of the most recent financial statement of the Financial Institution is made available for the purpose of guaranteeing to the City that the Financial Institution, as the issuer of the Letter of Credit to the Developer, has sufficient resources with which to uphold its guarantee. Page 1 of 5 4. The City may, from time to time, authorize a reduction in the balance of the Letter of Credit and shall do so by written notification from the City's Administrative Officer. 5. Upon approval by the City through its Administrative Officer for the release of the remaining balance of the Letter of Credit, this Agreement shall be terminated and the Developer and the Financial Institution shall be released from any further obligation to the City insofar as the provisions of this Agreement are concerned. 6. If, after two (2) years from the date of this Agreement, all the improvements shown on the approved improvement plans and specifications have not been completed, the City may request payment from the balance of the Letter of Credit as required in order to complete the improvements. Said request for payment shall be per the terms of the Letter of Credit. 7. This Agreement shall not in any fashion be construed to limit the powers, rights, or duties of the City, but shall be construed in the light of the applicable City ordinances. 8. No part of this Agreement may be assigned by the Developer or the Financial Institution without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. IN WITNESS WHEREOF, the Developer and the City have executed this Agreement as of the above date. Page 2 of 5 DEVELOPER EiiDevelo ment,t, L.L. Elizabeth Dombrowski, Managing Member STATE OF�i,5SUynj ) /) ss. COUNTY OF On this "'day of Tqn u(w,ny , 2019, before me personally appeared Elizabeth Dombrowski, Managing Member of EED Development, L.L.C., a Missouri Limited Liability Company, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that she executed the same as the free act and deed of said Limited Liability Company. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. No y Public Name/My Commission Expires: Tyler Myers Notary Public Notary Seal state of Missouri Cape Girardeau County Commission #15636955 :',ommission Expires 10109/2022 Page 3 of 5 (Seal) ATTEST: Bruce Taylor, Deputy City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) CITY City of Cape Girardeau, Missouri Scott A. Meyer, City Manager On this this day of , 2019, before me personally appeared Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, a Missouri Municipal Corporation, to me known to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the State and County aforesaid, the date first above written. Notary Public Name/My Commission Expires: Page 4 of 5 EXHIBIT A IRREVOCABLE LETTER OF CREDIT (on following page) Page 5 of 5 0 PO Box 948 Sikeston, MO 63801 DATE: January 15, 2019 FROM: Montgomery Bank, N.A. 2027 Broadway Cape Girardeau, Missouri 63701 TO: EED Development, L.L.C. PO Box 1149 Cape Girardeau, MO 63702 AND City of Cape Girardeau, Missouri (Beneficiary) City Hall, 401 Independence Street Cape Girardeau, Missouri 63703 IRREVOCABLE LETTER OF CREDIT #605 We hereby issue this Irrevocable Letter of Credit in your favor up to the aggregate amount of Sixty - Three Thousand and 00/100 dollars, ($63,000.00) available upon your demand and upon the approval of the City of Cape Girardeau (Beneficiary) for the cost of developing the Lochs at Dalhousie Phase V according to the record plat and improvement plans and specifications on file at the City of Cape Girardeau. If you do not complete the improvements as specified within two (2) years, the City of Cape Girardeau (Beneficiary) may, pursuant to the procedures in the City ordinances, draw the balance of your account required to complete said improvements. Financial Institution Montgomery_ k, N.A. Ja es P. Limbaugh Executive Vice President Cape Girardeau Regional President Staff: David Whitaker, P.E., Interim City Agenda: Engineer 2/4/2019 SUBJECT Resolution authorizing the City Manager to enter into a contract with KT Power Systems, Inc., for the Water Treatment Plant No. 1 Automatic Transfer Switch Replacement Project in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY This project consists of the replacement and installation of a medium voltage automatic transfer switch (ATS) at Water Treatment Plant No. 1 located at 20 East Cape Rock Drive including the provision of power during the installation via temporary portable generator together with other associated items and requirements as indicated in the Project Plans and Specifications prepared by Horner & Shifrin, Inc. and dated January 2019 for the City of Cape Girardeau, Missouri BACKGROUND/DISCUSSION The job specific provisions were provided by Horner & Shifrin, Inc., reviewed and approved for bidding, the Notice to Bid publicly advertised and bids taken on January 29, 2019. Three (3) contractors responded with bids ranging from the highest of $273,509.00 to the low of $255,814.10. All bids received were over the Engineer's Estimate of $202,659.00. The low bid was submitted by KT Power Systems, Inc. FINANCIAL IMPACT The construction contract is to be issued to the low bidder, KT Power Systems, Inc., for the bid amount of $255,814.10 with funding from the Enterprise Water Fund. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The existing medium voltage Automatic Transfer Switch was installed in 1996. Its purpose is to automatically transfer the entire power supply for Water Plant #1 from the existing utility to an emergency backup generator during outages. Despite service calls, it is no longer possible to keep it operating reliably and has failed to operate during recent power outages. The replacement of the automatic transfer switch at Water Plant No. 1 will ensure this plant continues to perform at full capacity without interruption. STAFF RECOMMENDATION Staff recommends the Council pass and approve a resolution authorizing the City Manager to enter into a contract with KT Power Systems, Inc., for the Water Treatment Plant No. 1 Automatic Transfer Switch Replacement Project. ATTACHMENTS: Name: 0 Agreement KT Power Water Trtment Plant Switch Replacement Proiect.doc 0 6206A Bid Tab Complete - Sioned.odf El 6206A -Council Exhibit Feb 2019 - map.odf 0 6206A - Agreement - Water Treatment Plant #1 Automatic Transfer Switch Replacement not signed.odf Description: Resolution Bid Tab - 6206A Map - Wtr Trtmnt Pit #1 1 -Automatic Transfer Switch Replacement Wtr Trtmnt Pit #1 - ATS - Agreement 6206A BILL NO. 19-24 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KT POWER SYSTEMS, INC., FOR THE WATER TREATMENT PLANT NO. 1 AUTOMATIC TRANSFER SWITCH REPLACEMENT 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 KT Power Systems, Inc., for the Water Treatment Plant No. 1 Automatic Transfer Switch Replacement Project, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk C:) 0 T 0 0`00 co o cMo H N N U 0 ~ v (D W Q m LL � a� Q� v�oU CO 3 G� '0 LO °tS 0 CD >, '0 W Z F --W F- U d' 00 U- - •D rp-�1.2 'o. 0 V W = d tL C Q. o, N �i U Y -q L) 61> U o n L c Vi J ch M a o N U 4v � @ Z M m 'L U) co a O U06 2 LO W o A = U U 0)LL LO W = Z F� W 00 V 00 O a I- N � U C=) O O O c Q z Sn 4 HLOco Q N N O N N' ISI w � O w o LOLO H _� o W M N Cd W z J m Z � JQ Z) o Q u) H O � C� z J Q u W 0 0 V N E U_ > O i `o i W o co U o z � c 0 0 3 o m c 0 0�a)C o I �'� p @ a O < y 0 > w E �� Q m °Q U" 0 N J J W cI` V 0 a (0 N Z N 2 2N W w Q ca0 7 O N c o O N C J Q Osu w U W U 'o m'0 N I- d a@aU v a a� o m c-, U co U i o�ag. � � W 04 2 �- O Fo �4 o � m •O 4, LL O C Ln T w SD CL Of a E w U U o a .,y Q cl M C ai Q 4--4< M N N E to W to O w O 0 U �+ V cL m V w zw LL O U V L W 0 L 0 wLO 9 CL C+ _ U) F3 �= U Z M _0 O W c- _� 11 V V N V o cp n Lo a O N N �I w O w CD 0 C7 w ~ U 0) N � w wco �= w on O O z W 0 Q 0 V U CL N > O 0 O � ~U 0o n LL a w (L C �O 3 � z c CO ° y I c 0 E j w E n� Q o U' o� (If U c I-- �+ •— -O N Q w D v ca v c o — m C6 Nca p E .T -CI-w }} cQo W o c o a) 0 y a C� Q o F U c <E C O w o lL v @ _ m V Q 2 Q_g., A o a U o a> o c c° U v� m U 0- CL w>" m LLJ Q O L z a .. :..i ...F ,...,t : it;�'.>+,1 �•'.,.�.&r[� .. t, COUNCIL EXHIBIT: Water Treatment Plant #1 Automatic Transfer Switch Replacement CITY OF CAPE GIRARDEAU WATER TREATMENT PLANT NO.1 AUTOMATIC TRANSFER SWITCH REPLACEMENT Project No. 6206A 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 2019 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER) and KT Power Systems, Inc., (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work consists of the replacement and installation of a medium voltage automatic transfer switch (ATS) at Water Treatment Plant No. 1 located at 20 East Cape Rock Drive including the provision of power during the installation via temporary portable generator together with other associated items and requirements as indicated in the Project Plans and Specifications prepared by Horner & Shifrin, Inc. and dated January'2019 for the City of Cape Girardeau, Missouri. Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES. 3.1 The work will be substantially completed within 180 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General A-1 Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 210 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 Seven Hundred dollars $700.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Seven Hundred dollars 700.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amount determined pursuant to paragraph 4.1 below: 4.1 For Lump Sum Amount. LUMP SUM CONTRACT AMOUNT Two hundred fifty-five thousand, eight hundred fourteen and one tenth dollars ($255,814.10) Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and in the 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. A-2 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 95% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 95% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 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. An 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEERwritten notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages A-1 to A-7 inclusive). 8.2 Exhibits to this Agreement (pages to , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). (EJCDC No. 1910-8 1990 Edition) 8.6 Supplementary Conditions (pages SC -1 to SC- 5 , inclusive). 8.7 Specifications bearing the title Water Treatment Plant No.1 Automatic Transfer Switch Replacement 8.8 Drawings. 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -7 , inclusive) marked exhibit A . 8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by 1) submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. 8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages to inclusive). 8.13 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. A-5 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or subcontractors doing work on this project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. 9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's Office weekly certified payrolls from the General Contractor and all Subcontractors during the course of the project. These must be provided on a weekly basis; if no work was done, then a payroll stating "No Work Done" must be submitted. MR 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 , 2019 (which is the Effective Date of the Agreement). OWNER City of Cape Girardeau Scott Meyer, City Manager in [CORPORATE SEAL] Attest Address for giving notices 401 Independence Street Cape Girardeau, MO 63703 (If OWNER is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement. CONTRACTOR KT Power Systems, Inc. [CORPORATE SEAL] Attest Address for giving notices 433 County Road 638 Cape Girardeau, MO 63701 License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) is � "Exhibit A" CITY OF CAPE GIRARDEAU WATER TREATMENT PLANT NO.1 AUTOMATIC TRANSFER SWITCH REPLACEMENT Project No. 6206A BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvements consist of: The replacement and installation of a medium voltage automatic transfer switch (ATS) at Water Treatment Plant No. 1 located at 20 East Cape Rock Drive including the provision of power during the installation via temporary portable generator together with other associated items and requirements as indicated in the Project Plans and Specifications prepared by Horner & Shifrin, Inc. and dated January 2019 for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO CITY OF CAPE GIRARDEAU MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following: ma Addenda, receipt of all which is hereby acknowledged: (List addenda by Addendum Number and Date) (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) . BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing. of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or, indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted. BF -2 Any questions, comments, or concerns regarding the design of this project should be addressed to Tim Richmond, Project Manager, Cit of f Cape Girardeau at 573-339- 6327. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the bidder must affirm its enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by o submitting a completed, notarized copy of AFFIDAVIT OF WORK " AUTHORIZATION and ® providing documentation affirming the bidder's enrollment and participation in a federal work authorization program with respect to the employees proposed to work in connection with the services requested herein. Q) Bidders are informed that the Project is subject to the requirements of Section 292.675, R.S. Mo, which requires all contractors or subcontractors doing work on the Project to provide, and require its on-site employees to complete, a ten (10) hour course in construction safety and health approved by the Occupational Safety and Health Administration ("OSHA") or similar program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. The training must be completed within sixty (60) days of the date work on the Project commences. On-site employees found on the worksite without documentation of the required training shall have twenty (20) days to produce such documentation. BF -3 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): Replacement and Installation of Medium Voltage Automatic Transfer Switch (including temporary portable generator and all associated items and requirements) Lump Sum Contract Bid Price ate, � I �-, L0 (Total in numeric figures) (Total in Written Words) 1� O -LAW (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govern.) 5. BIDDER agrees that the Work will be substantially complete within 180 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within 210 calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in.the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in. the form of bid bond or cashiers check. (b) Acknowledgement of any addenda issued. (c) Exhibit Affidavit of Work Authorization (d) Exhibit Affidavit of Excessive Unemployment (if applicable) (e) The E -Verify- Program for Unemployment Verification Memorandum of Understanding http://www,uscis.gov/e-verify (f) Exhibit Affidavit of OSHA Training (g) Certification Regarding Debarment, Suspension and Other Responsibility Matters 7. Bidder agrees to submit the following documents within three (3) business days after the opening of Bids if requested: (a) BIDDER'S Qualification Statement with supporting data. 8. Communications concerning this Bid shall be addressed to: Name Address�..�-�_a (a) Performance and Payment Bonding Company Namey�''Ca� c� CeL�.� �. r��''xc,,%►�� Address 1Q�.e'c��� �t V�-''>��/, Agent\Power of Attorney Name (if used) (,�=pry '✓J Address I qQ77 071$" -LtLrJ M0 � of,0 9. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on _4-0 u, - ,�I, 2011 CO� { State Contractor License No. IF BIDDER is: An Individual By doing business as Business address: Phone No.: A Partnership By Business address: Phone No.: F (Individual's Name). ........_ . (Firm Name) (General Partner) Em (SEAL) A Corporation By (Corporation Name) (State of Incorporation) By off,) -a,1-0fL (Name of Person Authorized to Sign) °A (Title) ,, ,r7-IZTeti (Secretary)- ��7� Phone No.: ,jj; _ t_t� Date of.Qualification to do business is 1 —111-3 A.Joint Venture_ By (SEAL) (Name) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) I The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: It is anticipated that the following subcontractors will be employed for work on this project: *SUBCONTRACTORS: (Name of Company) (Type of Work) *All subcontractors shall be registered with the Missouri Secretary of State in order to work on this project. THIS PAGE INTENTIONALLY LEFT BLANK E -Verify: Employer Wizard - Com* ' ation pany ffifoim Page I of', Welcome Company User ID MENU JEANA KOCH K AND K ELECTRIC COMPANY JKOC9594 LT= ----------- _ ----- _ . .. .... Company Name K AND K ELECTRIC COMPANY Physical Location Address 1 433 COUNTY ROAD 638 Address 2 City CAPE GIRARDEAU State Mo Zip Code 63701 County CAPE GIRARDEAU Additional Information Employer Identification Number 431165875 Administrator Organization Designation Employer Category None of these categories apply Company ID Number 183009 DUNS Number Mailing Address Address I 433 COUNTY ROAD 638 Address 2 City CAPE GIRARDEAU State MO Zip Code 63701 Total Number of Employees 20 to 99 Doing Business As (DBA) Name KT POWER SYSTEMS Parent Organization KT POWER SYSTEMS http,,3://e-verify.uscis.gov/web/EmployerWiz4rd.aspx 5/5/201 E -Verify: Employer Wizard - Company Information i I View / Edit t �._. _.. . 4 i NAICS Code Total Hiring Sites 238 - SPECIALTY TRADE 1 CONTRACTORS View /Edit View / Edit Page 2 of. Een,Mi . �QNOz. AV SCpG �F��,vo-,/ �flNISTRP�O Last Login: 05/05/2017 03:34 PM For more information contact us at 888-464-4218 or E-Verify@dhs.gov. U.S. Department of Homeland Security U.S. Citizenship and Immigration Services Enable Permanent Tooltips. Accessibility Download Viewers https.1/e-verify.uscis.gov/web/EmployerWizard.aspx 5/5/201' 1 oj� �a Ili IIS �z ��Hos�MA es` r�'NrslitP`� -VerlriMKUWAE-VERIFY I3 A SERVICE OF DHS THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING 1:2 11..� r • •I This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and K AND K ELECTRIC COMPANY dba KT POWER SYSTEMS (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 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note).. Authority for use of the E -Verify program by Federal contractors and subcontractors covered by.the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees .working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. • 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens, 2. SSA agrees. to provide to the Employer appropriate assistance with operational problems that may arise during' the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3._ SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Page I of 131E -Verify MOU for Employerl Revision Cate 10/20/08 wwvae,d vs.g()VAE,-VedfV SEC'& IM'. V PM IL =Airy 11SA W M- ver TM VIS A SERVICE OF DHS 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 <employer—name> JEANA KOCH Name (Please Type or Print) Title <emp electronicalLys rYed> 5/5/17 Signature Date Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) <dlys electronicagy sk t, _ qned, Signature . . Page il of 13JE-Verify MOU for Ernployerl Revision Date (0/29/08 Title 5/5/17 Date n. pb 40m K-�. USA -Ve M's wMME &-VERIFY IS A SERVICS OF DHS Information Required for the E -Verify Program Information relating to your Company: Company Name: K AND K ELECTRIC COMPANY dba KT POWER SYSTEMS Company Facility Address: 433 COUNTY ROAD 638 CAPE GIRARDEAU MO 63701 -;employer addr3> Company Alternate Address: <ernployer-alt�_addrl> <employer alt addr2> <em 10 er alt addr3> County or Parish: CAPE GIRARDEAU Employer Identification . Number: 43-1165875 North American Industry Classification Systems Code:238 - SPECIALTY TRADE CONTRACTORS Parent ,Company: K AND K ELECTRIC COMPANY ; r -J, ZOTA Number of Sites Verified for: I Are you verifying for more than I site? If yes, please provide the number of sites verified for in each State: START -SITES -LIST Page 12 of 131E-Vbrify MOU for Employerl Revision Date 10/29/08 %Pf wvij . d-Alerii Ify ........... SN �fi YI. S -VERIFY 15 A SERVICE OF DHS W-ve MA F Information relating to the Program Administrator(s) for your Company on policy questions or operational problems:. START. POC LIST Page 13 of 13JENerify MOU for ErnployerjRevlsion safe ,10/29/08 EXHIBIT AFFIDAVIT OF OSHA. TRAINING C(y COMES NOW (Name) c.) C ?f ' �, — as (Office Held • ef�Ee� and first beingdulysworn, on z) of (Company Name/Contracto is,y oatb, afl-itm -.n connection with the contracted services related to C rX s '-.. t V 1 f ,i - Yyti(� ..(� ei(pzolect Nam for �tb e duration oe contract, as fo ows: 1. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on -an e at the Project. The construction safety program shall include a course in construction safety and health that is approved by OSHA. or a similar program- approved by the Missouti Department of Labor and I.dustdal 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 date work on the Project commences, as required by Section program within sixty (60) days after the 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 P togram 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 requirements 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 thereof, such on-site employee is employed without the construction safety tralt'i required in Section 292.675, 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 Missouti Department of Labor and Industrial Relations. 7. Contractor acknowledges that in the event that the Missouri Department of Labor >'c hat a violation of Section 292.675, RSM and Industrial Relations has determined to., has occurred . ,.. �. ,,� ,__e .t s � th� .a��cF. ' �.3 .,.c �.,�r::`4 .r a� Y ' ti+- ��r�= _l, •a sx�,.#1.. _ � 7 .� �.����'��i,i ,�,i�� and that a penalty shall be assessed, the City shall witbhold and retain all sums and amounts due and owing when making payments to ContLactor under this Contract FURTHER. AFFIANT SAIT H NOT. IN AFFIRMATION THEREOF, the facts stated above are true and correct (the undersigned understands that false statements, made in this filing are subject to the Penalties provided in Section 575.040, RSMo.) (name of corporation) By' \ r (name of officer of co oration a,�d title) 11,3 �c�c. Tb --t- 'AZ" ecretary (Or other officer) i )N) ss. of 20 -(before me appeared �K.6") to me personally known, who being by me duly sworn, did say that he/she is the tJ'� of 4 o"Lp— F , a Missouti Corporation, and that the seal affixed to the foregoing .instrument is the seal of said Corporation, and that the said insttument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instmm.ent to be the ftee act and deed of said Corporation. . IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. No blic My Commission Expires: JE . M Kdd Notary Pubiit Notary Sell State6f Missouri; 4apL- Girardeau bounty'- . Commission # 12518155 My Commission E-xpires Sept 1S, 202,0 0 E AFFIDAVIT OF WORK AUTHORIZATION e 1 �� als(Office Held) 1 I . COMES NOW (Name) i of (Company Name/Contractor) - Q -C,,) c? � 3 C"�rl^(� S and fust: being duly sworn., on my oath, affirm as follows: 1 (Company Name/Contractor) is enrolled and will continue to participate in a federal work authorization program in tespect to f .`acted services related to�(Pr�e�cerv�-� Name)��---� employees that will work in connection with the contrthe ��1�(.'er✓�� -Q,�� ��...�_S� - �! 1 �y Pj �t' for the duration d the contract in accordance with RSMo Chapter 285.530(2). /, , rf' �t t��does 2. :..>,Z also affirm that (Company Name/Contractor) _' ;_ not and will not knowingly employ a person who is an upnauthorized alien in connection with the contract services related to (Project NName)I� .t'h the duration of the contract. f documentation affitming Contractot,s enrollment and 3. Attached hereto is p atticipation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFIANT SAITE-I. NOT. - AFFIRMATION THEREOF, the facts stated above are true and correct (the IN undersigned understands that false statements made in this filing .are subject® (SF�ALJfi4�RPORATIOI� penalties provided in Section 575.040, RSMo.) C - (Mm' of corporation). (name of officer of corporation and title) F ATTEST: s jr, (SF�ALJfi4�RPORATIOI� 1 Arci :. STATE OF MISSOURI ) ss. COUNTY OF CAPE GMRDEA.0 ) `` On this day of r (( 201t' , before me appeared to me personally known, who being by me duly, sworn, did say that ale/she is the`A-6-s, D O&- �t-- of r a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and .sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said stt ent toe the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary c My Commission Expires: JEANA M KOCH :NotaryPublic — Notary Seal Sate rf Missouri, gape Girardeau County' CIO issiob 12518155 My:Commission 1 xpires Sept 15, 202Q ITY Orl4 CCAPE D Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: eclared ineligible or (a) Are not presently debarred, csysp suspended, proposed by any FederaltordState department or agency; voluntarily excluded from (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false. statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the. offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up.to five (5) years or both. Typed Name & Title of Authorized Representative Signature of Authorized representative Date (l I am unable to certify to the above statement. My explanation is attached. THIS PAGE INTENTIONALLY LEFT BLANK UNITED FIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 (A Stock Company) 41N KNOW ALL BY THESE PRESENTS, that we KT POWER SYSTEMS, INC. 433 COUNTY ROAD 638, CAPE GIRARDEAU, MO 63701 as Principal, hereinafter called the Principal, and the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized under the laws of the State of IOWA, as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau 401 Independence, Cape Girardeau, MO 63701 as Obligee, hereinafter called the Obligee, In the sum Of Five and 00/100 Percent of the Bid Amount Dollars ($5% ), for the payment of which sum well and truly to be made, the said principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for WATER TREATMENT PLANT NO. 1, AUTOMATIC TRANSFER SWITCH REPLACEMENT PROJECT 6206A NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or contract documents with good and sufficient surety for the faithful performance of such contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. By, (WITNESS) CONT 0001 0899 (SURETY) - - - "— (ATTO RN EY -I N -F Todd A. Ward ANY, Bortl No WOO -1,2170 9!9uUNITED FIRE & CASUALTY COMPANY, CEDAR:RPIDS;; IA Obligee' ` UNITED FIRE & INDEMNITY COMPANY, WEBST r Rl Tk City of Cape Girardeau 401 Independence; Cape FINANCIAL PACIFIC INSURANCE COMPANY, ROCKI, MCA Girardeau MO 63701- ,n9CECERTIFIED COPY OF POWER OF ATTORNEY '. I `i (original on file at Home Office of Company — See Certification) KNOW ALL PERSONS BY THESE PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY, it corporation duly organized and existing under the laws of the State of Texas; and FINANCIAL PACIFIC INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of California (herein collectively called the Companies), and having their corporate headquarters in Cedar Rapids, State of Iowa, does make, constitute and appoint s CHARLES W DECKER,'ALANH tAUSENBERGER, BE,ULAH M'YOUNG-ROWDEN, NANCY STRAUSER, PRISCILLA B. HUNTER, TODD A. WARD, EACH INDIVIDUALLY e their true and lawful Attorney(s)-in-Fact with power and authority hereby conferred to sign, seal and execute in its behalf all lawful bonds, undertakings and other obligatory instruments of similar nature provided that no single obligation shall exceed $35,000,000.00 and to bind the Companies thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Companies and all of the authort acts1of said Attorney, ,pursuant to "the ty heti-by "I e i aHO,1ereby ratified and confirmed. The Authority hereby granted shall expire Maj! 29t�1;t`2019 ` . , ' -a unless soohei •reoked'by UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY, This Power ofttbrhey"`is made and executed'pursu rnt to`"and by authority of the following bylaw duly adopted on May .15, 2013, by the Boards of Directors of UNITED FIRE & CASUALTY COMPANY, UNITED FIRE & INDEMNITY COMPANY, and FINANCIAL PACIFIC INSURANCE COMPANY. "Article VI — Surety Bonds and Undertalcings" Section 2, Appointment of Attorney -in -Fact. "The President or any Vice President, or any other officer of the Companies may, from time to time, appoint by written certificates attomeys-in-fact to act in behalf of the Companies in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by facsimile to any power of attorney or special power of attorney or certification of either authorized hereby; such signature and seal, when so used, being adopted by the Companies as the original signature of such officer and the original seal of the Companies, to be valid and binding upon the Companies with the same force and effect as though manually affixed. Such attorneys -in -fact, subject to the limitations set forth in their respective certificates of authority shall have full power to bind the Companies by their signature and execution of any such instruments and to attach the seal of the Companies thereto. The President or any Vice President, the Board of Directors or any other officer of the Companies may at any time revoke all power and authority previously given to any attorney-in-fact IN WITNESS WHEREOF, the COMPANIES have each caused these presents to be signed by its vice president and its corporate seal to be hereto affixed this28th day of January 2019 \ttlinunnr/„ „I nnitl,,,, UNITED FIRE & CASUALTY COMPANY \ytu11111"l� ..•gs ,�1,• `\\ ``\\\ aa u\sutt /,iii ti , ad`btxpta/,vr.�� G,,t\c lN9uq'.,. OpPOHgr;Y07„oz UNITED FIRE & INDEMNITY COMPANY . cnuPcatnrE 2� °9 CORPORnrl: 4y�yg aP =U l.oLYx for FINANCIAL PACIFIC INSURANCE COMPANY 5 0, L J:'' sear , RA 1!111 "�\```` 'tt rg777llillUll�t�t\�"i` By' State of Iowa, County of Linn, ss: v ice President On tl'rs28th 1 '_da of tai ar ' i� � r ,2010 b0 ore',mv per ao ally came Dennis J. Riclnnann to me known, who bemg.>by me dilly sworn, did t)'epose'aud' say; t�iat he resides in Cedar Rapids, State of Iowa; that he is a Vice President of UNITED FIRE &CASUALTY GtQMPANY, a Vic I'resrdent of i7i`I1TED.FIRE &INDEMNITY COMPANY, and a Vice President of FINANCIAL PACIFIC INSRANOE-COMPANY the 6or orations desefibed in ohd which executed the above instrument; that he laiows the seal of said corporations; that the seal affixed to the s'aul insfrument rs suc1 corporate"s66E' fiat rt was so affixed pursuant to authority given by the Board of Directors of said corporations and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporations, i Patti WaddellAq� 1 Iowa Notarial Seal Commission number 713274 ow► My Commission Expires 10/26/2019 Notary Public My commission expires: 10/26/2019 I, Mary A. Bertsch, Assistant Secretary of United Fire & Casualty Company and Assistant Secretary of United Fire & Indemnity Company, and Assistant Secretary of Financial Pacific Insurance Company, do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the bylaws and resolutions of said Corporations as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFF, ICD --OF 1SA'IDCOIPORATTONS, nd #tthsmphaeaes ttranscripts thereof, and of the whole of the said originals, and that the said Power of Attorh z, hai not-been.?revt ked and-is'now t r frill force``and=effect,' In testimony Nvliereof I have hereunto �subsc�irbed ringinq_and alftxod the corporate seal of the said Corporations, this_dayot j�mra� tr;�2D9 r F�itz,zt/,i� .`.\\4Qaitnur);y�ri�i� �F�ciN3Ua� BY `�% A4VOOu q COa1OPs'IY'G PLY2_ Fa'iOc G r z•.. + '� zl 4= Assistant Secretary, r9ep ;' - =a $ OF&C, OF&I & FPIC fill BPOA005005 1217 3 Inquiries: Stuety Department 118 Second Ave SE Cedar Rapids, IA 52401 ACKNOWLEDGMENT OF SURETY State.of Missouri County of Cape Girardeau On this 29th day of January, 2019 Personally appeared before me Todd A. Ward who being duly sworn did depose and say that he/she is the attorney-in-fact of the United Fire & Casualty Company of Cedar Rapids, Iowa, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Todd A. Ward acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. Notary Public UND-2031b PRISCILLA B. HUNTER Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission # 13620336 My Commission Expires April 20, 2021 NOTICE TO MISSOURI SURETY BOND HOLDERS Should you have a question about your bond or policy, please contact your insurance agent first. If you are unable to contact or obtain information from your agent, you may contact our company at address and phone number below: UNITED FIRE & CASUALTY COMPANY ATTENTION: BOND DEPARTMENT P.O. BOX 73909 CEDAR RAPIDS, IOWA 52407 1-800-343-9130 Staff: David Whitaker, P.E., Interim City Agenda: Engineer 2/4/2019 SUBJECT Resolution authorizing the City Manager to enter into a contract with Ronald Kucera Jr. for the 2018 Flood Buyout Program to demolish 1207 N. Main Street in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY On January 22, 2019, five (5) sealed bids were opened. Ronald Kucera Jr. was the lowest at $4,730. The highest bid was $12,467. BACKGROUND/DISCUS SION On February 5th, 2018, per Resolution Number 3146, the City Council accepted the intent to seek funding through the Hazard Mitigation Grant Program, and to make funds available for the local match requirement for the Grant Application. We were awarded such grant and we were able to obtain two properties, 1207 N. Main St. and 1003 N. Fountain St. As provided in the Hazard Mitigation Grant Program, homes must be demolished. Staff recommends awarding Ronald Kurcera Jr. the contract as he was the lowest and has experience and references. FINANCIAL IMPACT The construction contract is to be issued to the low bidder, Ronald Kucera Jr., for the bid amount of $4,730 with funding from the Hazard Mitigation Grant Program. The Hazard Mitigation Grant Program has agreed to pay 75% of cost with the City of Cape being responsible for 25% of the cost. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Financial impact to the city will be a cost of $1,182.50. STAFF RECOMMENDATION Staff recommends the Council approve a resolution authorizing the City Manager to enter into a contract with Ronald Kuccera Jr., for the demolition of 1207 N. Main through the Hazard Mitigation Grant Program. ATTACHMENTS: Nar Description: CJ Agreement Kucera Flood Buyout 1207 N Main.doc Resolution ❑ bid opening report.pdf Bid Opening Report 0 1207 N. Main Demo Contract - Ronald Kucera Jr.pdf demo contract BILL NO. 19-25 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RONALD KUCERA JR. FOR THE 2018 FLOOD BUYOUT PROGRAM TO DEMOLISH 1207 NORTH MAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Ronald Kucera Jr. for the 2018 Flood Buyout Program to demolish 1207 North Main Street, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk BIDS WERE OPENED ON - January 22, 2019 AT 10:00 A.M. FOR - Demolition of 1003 N. Fountain Street and 1207 N. Main Street (Flood Buyout properties) CONTRACTOR 1003 N. Fountain, BID 1207 N. Main BOND 1. Clark & Sons Excavatinq, LLC, I o , oco, 4 V11 I 2. Ronald Kucera Jr. b 5, o C) o A ,V111-11 3. Cagle Excavating, LLC M 10, 1 Ci (1) 10, 6 l$ .D(,) V/, 4. Steve's Haulinq & Excavating 4 3)-(_ G) 0 5. )Tl- Lcood66cipi� te. -a 13 , C)G. 1, L, L -c", I{ Ca -1 , CQ 9 7. 1.01 S I G N DATE c— i c) u I THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEMOLITION CONTRACT This Demolition contract, hereinafter referred to as "Contract", entered into this day of , 2019, by and between the City of Cape Girardeau Missouri, a Municipal Corporation, hereinafter referred to as "City", and Ronald Kucera Jr of 160 Tolber Drive, Jackson, MO 63755 hereinafter referred to as "Contractor". In consideration of the mutual covenants contained herein and other good and valuable consideration, City and Contract agree as follows: 1. Contractor shall totally demolish the following building: a. 1207 N. Main St., Cape Girardeau, MO 63701 Remove one story wood frame single-family residence with basement. Remove footing and foundation, all concrete steps, slabs, and sidewalks, rubbish and debris on the site. All rubbish and debris is to be hauled to an approved landfill. Bury concrete on the site with a minimum of two (2) feet of fill. Fill, grade, and seed and straw the site. b. Remove 300 square feet storage building. Remove footing and foundation, any concrete steps, slabs, and sidewalks, rubbish and debris on the site. All rubbish and debris is to be hauled to an approved landfill. Bury concrete on the site with a minimum of two (2) feet of fill. Fill, grade, and see and straw the site. 2. All rubbish and debris shall be removed from the demolition site and deposited at a site satisfactory to City. All holes left by removal of the foundations shall be filled with good dirt, free of debris, and compacted to a density equal to the surrounding ground. Dirt required for filling any holes shall be obtained at a site satisfactory to the City Manager or his or her designee. Contractor will be responsible for any damage done to the sidewalks, alleys or streets adjoining the property. All utilities shall be disconnected prior to demolition. Contractor shall take all necessary care to protect nearby buildings, drives, motor vehicles, and all adjoining property, and contractor is to leave the same in condition equal to that which now exits. 3. Contractor shall provide all labor and materials, and furnish and direct at its own expense, whatever equipment or work may be necessary for the expeditious and proper execution of its duties under this Contract. 4. Contractor shall secure, at its own expense, all permits, licenses and consents required by law or necessary to perform this work and will give all notices and pay all fees and otherwise comply with applicable city, county and state laws, ordinances, rules and regulations. 5. Should Contractor at any time refuse or neglect to supply adequate materials or equipment or a sufficient number of properly skilled workers, or fail in any respect to prosecute the work with promptness and diligence, or fail to comply with any of the terms of the Contract, City may, at its election, immediately terminate this Contract, giving notice to contractor in writing of such election, and enter on the premises and take possession for the purpose of completing the work included under this Contract, and may employ any other person or persons to finish the work and to provide the materials therefor at the expense of the Contractor. 6. Contractor shall indemnity city from all claims, demands, suits and actions of every name and description brought against City for or on account of any injuries or damages received or sustained by any parties by or as a result of the acts or omission of contractor, its servants or agents, in doing the work herein described, or by as a result of any negligence in guarding the same, or on account of any improper equipment or materials utilized in performing he work. 7. Contractor shall, prior to commencing work, furnish to City a certified check or a surety bond, the form of the bond and surety company to be approved by City, in the amount of Four Thousand Seven Hundred and Thirty Dollars. ($4,730.00) conditioned on the performance by contractor of all its duties hereunder. 8. Contractor agrees to file with City, prior to commencement of work, a certificate of insurance naming City as coinsured and showing the Contractor has in force, for a period equal to the period of this Contract, a policy of general liability insurance insuring Contractor against liability for personal injuries and property damage arising out of this Contract, in a minimum amount of One Hundred Thousand Dollars ($1000,000.00) for injury or damage to any one person and Two Million Dollars ($2,000,000.00) for injuries or damages received in any one accident. Contractor agrees to provide and maintain, during the entire term of this Contract and until final acceptance of the work by City, workers compensations insurance for all of its employees at the site of the work. 9. Upon satisfactory performance by Contractor of its duties under this Contract, and acceptance of said work by the City Manager or his or her designee, City will pay Contractor the sum of Four Thousand Seven Hundred and Thirty Dollars. ($4,730.00) 10. Time is of the essence of this contract, and Contractor agrees to begin working within ten (10) days after the date this Contract is fully executed and to complete the work within forty-five (45) days of said date. In the event that the work covered by this Contract is not completed by the above deadline, accepting extensions granted by the City to Contractor for delays caused by conditions beyond Contractor's control, Contractor will pay City for damages in the sum of Fifty Dollars ($50:00) for each day beyond the deadline or extension that the work is not completed. 11. Contractor shall not assign or sublet this Contract or any portion thereof without the prior written consent of City. 12. Failure of city to insist in any one or more instance on a strict performance of all of the terms or conditions of this Contract, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provision or rights, but the same shall continue and remain in full force and effect. None of terms or conditions of this Contract shall be altered, waived, modified or abandoned in any manner except by written instrument executed by City and Contractor. IN WITNESS WEREOF, City and Contractor have executed this Contract at Cape Girardeau, Missouri, the day and year first above written. City of Cape Girardeau, Missouri Scott A. Meyer, City Manager ATTEST: Gayle L. Conrad, City Clerk Ronald Kucera Jr. Ron K cera, Jr. wner 401 Independence Street, Cape Girardeau, MO 63703 P: 573.339.6327 F: 573.339.6303 Staff: David Whitaker, P.E., Interim City Agenda: Engineer 2/4/2019 SUBJECT Resolution authorizing the City Manager to enter into a contract with Steve's Hauling & Excavating for the 2018 Flood Buyout Program to demolish 1003 N. Fountain Street in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY On January 22, 2019, five (5) sealed bids were opened. Steve's Hauling & Excavating, was the lowest at $4,834. The highest bid was $16,213. BACKGROUND/DISCUS SION On February 5th, 2018, per Resolution Number 3146, the City Council accepted the intent to seek funding through the Hazard Mitigation Grant Program, and to make funds available for the local match requirement for the Grant Application. We were awarded the grant and were able to obtain two properties, 1207 N. Main St. and 1003 N. Fountain St. As provided in the Hazard Mitigation Grant Program, homes must be demolished. Staff recommends awarding Steve's Hauling & Excavating the contract as he was the lowest and has experience and references. FINANCIAL IMPACT The construction contract is to be issued to the low bidder, Steve's Hauling & Excavating, for the bid amount of $4,834 with funding from the Hazard Mitigation Grant Program. The Hazard Mitigation Grant Program has agreed to pay 75% of cost with the City of Cape being responsible for 25% of the cost. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Financial impact to the city will be a cost of $1,208.50. STAFF RECOMMENDATION Staff recommends the City Council pass and approve a resolution authorizing the City Manager to enter into a contract with Steve's hauling & Excavating, for the demolition of 1003 N. Fountain St. through the Hazard Mitigation Grant Program. ATTACHMENTS: Name: Description: ❑ Agreement Steve s Hauling Flood Buyout 1003 North Fountain.doc Resolution ❑ bid opening report.pdf Bid Opening Report ❑ 1003 N. Fountain Demo Contract - Steve s Hauling.pdf demo contract BILL NO. 19-26 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH STEVE'S HAULING & EXCAVATING FOR THE 2018 FLOOD BUYOUT PROGRAM TO DEMOLISH 1003 NORTH FOUNTAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Steve's Hauling & Excavating for the 2018 Flood Buyout Program to demolish 1003 North Fountain Street, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk BIDS WERE OPENED ON - January 22, 2019 AT 10:00 A.M. FOR - Demolition of 1003 N. Fountain Street and 1207 N. Main Street (Flood Buyout properties) CONTRACTOR 1003 N. Fountain, BID 1207 N. Main BOND 1. Clark & Sons Excavatinq, LLC, I o , oco, 4 V11 I 2. Ronald Kucera Jr. b 5, o C) o A ,V111-11 3. Cagle Excavating, LLC M 10, 1 Ci (1) 10, 6 l$ .D(,) V/, 4. Steve's Haulinq & Excavating 4 3)-(_ G) 0 5. )Tl- Lcood66cipi� te. -a 13 , C)G. 1, L, L -c", I{ Ca -1 , CQ 9 7. 1.01 S I G N DATE c— i c) u I THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEMOLITION CONTRACT This Demolition contract, hereinafter referred to as "Contract", entered into this day of , 2019, by and between the City of Cape Girardeau Missouri, a Municipal Corporation, hereinafter referred to as "City", and Steve's Hauling & Excavating, 789 County Road 416, Oak Ridge, MO 63769, hereinafter referred to as "Contractor". In consideration of the mutual covenants contained herein and other good and valuable consideration, City and Contract agree as follows: 1. Contractor shall totally demolish the following building: a. 1003 N. Fountain, Cape Girardeau, MO 63701 Remove one story wood frame single-family residence with basement. Remove footing and foundation, all concrete steps, slabs, and sidewalks, rubbish and debris on the site. All rubbish and debris is to be hauled to an approved landfill. Bury concrete on the site with a minimum of two (2) feet of fill. Fill, grade, and seed and straw the site. 2. All rubbish and debris shall be removed from the demolition site and deposited at a site satisfactory to City. All holes left by removal of the foundations shall be filled with good dirt, free of debris, and compacted to a density equal to the surrounding ground. Dirt required for filling any holes shall be obtained at a site satisfactory to the City Manager or his or her designee. Contractor will be responsible for any damage done to the sidewalks, alleys or streets adjoining the property. All utilities shall be disconnected prior to demolition. Contractor shall take all necessary care to protect nearby buildings, drives, motor vehicles, and all adjoining property, and contractor is to leave the same in condition equal to that which now exits. 3. Contractor shall provide all labor and materials, and furnish and direct at its own expense, whatever equipment or work may be necessary for the expeditious and proper execution of its duties under this Contract. 4. Contractor shall secure, at its own expense, all permits, licenses and consents required by law or necessary to perform this work and will give all notices and pay all fees and otherwise comply with applicable city, county and state laws, ordinances, rules and regulations. 5. Should Contractor at any time refuse or neglect to supply adequate materials or equipment or a sufficient number of properly skilled workers, or fail in any respect to prosecute the work with promptness and diligence, or fail to comply with any of the terms of the Contract, City may, at its election, immediately terminate this Contract, giving notice to contractor in writing of such election, and enter on the premises and take possession for the purpose of completing the work included under this Contract, and may employ any other person or persons to finish the work and to provide the materials therefor at the expense of the Contractor. 6. Contractor shall indemnity city from all claims, demands, suits and actions of every name and description brought against City for or on account of any injuries or damages received or sustained by any parties by or as a result of the acts or omission of contractor, its servants or agents, in doing the work herein described, or by as a result of any negligence in guarding the same, or on account of any improper equipment or materials utilized in performing he work. 7. Contractor shall, prior to commencing work, furnish to City a certified check or a surety bond, the form of the bond and surety company to be approved by City, in the amount of Five Thousand Three hundred and Twenty Dollars. ($5,320.00) conditioned on the performance by contractor of all its duties hereunder. 8. Contractor agrees to file with City, prior to commencement of work, a certificate of insurance naming City as coinsured and showing the Contractor has in force, for a period equal to the period of this Contract, a policy of general liability insurance insuring Contractor against liability for personal injuries and property damage arising out of this Contract, in a minimum amount of One Hundred Thousand Dollars ($1000,000.00) for injury or damage to any one person and Two Million Dollars ($2,000,000.00) for injuries or damages received in any one accident. Contractor agrees to provide and maintain, during the entire term of this Contract and until final acceptance of the work by City, workers compensations insurance for all of its employees at the site of the work. 9. Upon satisfactory performance by Contractor of its duties under this Contract, and acceptance of said work by the City Manager or his or her designee, City will pay Contractor the sum of Five Thousand Three hundred and Twenty Dollars. ($5,320.00) 10. Time is of the essence of this contract, and Contractor agrees to begin working within ten (10) days after the date this Contract is fully executed and to complete the work within forty-five (45) days of said date. In the event that the work covered by this Contract is not completed by the above deadline, accepting extensions granted by the City to Contractor for delays caused by conditions beyond Contractor's control, Contractor will pay City for damages in the sum of Fifty Dollars ($50.00) for each day beyond the deadline or extension that the work is not completed. 11. Contractor shall not assign or sublet this Contract or any portion thereof without the prior written consent of City. 12. Failure of city to insist in any one or more instance on a strict performance of all of the terms or conditions of this Contract, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provision or rights, but the same shall continue and remain in full force and effect. None of terms or conditions of this Contract shall be altered, waived, modified or abandoned in any manner except by written instrument executed by City and Contractor. IN WITNESS WEREOF, City and Contractor have executed this Contract at Cape Girardeau, Missouri, the day and year first above written. ATTEST: Gayle L. Conrad, City Clerk City of Cape Girardeau, Missouri Scott A. Meyer, City Manager Steve's Hauling & Excavating Steve Pleiman, Owner 401 Independence Street, Cape Girardeau, MO 63703 P: 573.339.6327 F: 573.339.6303 Staff: Julia Jones, Parks and Recreation ADirector Agenda: 2/4/2019 SUBJECT A Resolution of the City of Cape Girardeau, Missouri, stating intent to seek funding through the Land and Water Conservation Fund, and authorizing the City manager to pursue activities to secure funding, and to execute all necessary grant documents. EXECUTIVE SUMMARY The Land and Water Conservation Fund (LWCF) provides 50/50 matching grants to local jurisdictions up to $250,000. The City has been working to make improvements to Capaha Park as part of the initial Parks, Recreation and Stormwater Initiative per a phased master plan. City staff feels that the LWCF grant matches the goals for both park and stormwater improvements scheduled for the park that were brought to voters for the renewal of the Parks, Recreation and Stormwater Sales Tax in 2018. A resolution is required from the City's elected officials in order to apply for the grant. BACKGROUND/DISCUSSION The Capaha Park Phased Master Plan was approved by City Council in 2012. Since that time funds from the initial Parks, Recreation and Stormwater Sales Tax along with other city funds, and from Southeast Missouri State University have been used to improve park amenities including new playgrounds, a new pavilion, sidewalks, landscaping, new artificial turf at the baseball stadium, a new digital scoreboard, improved accessibility and lighting and more. The application for the Land and Water Conservation Fund grant would provide for the opportunity to receive a 50/50 matching grant of $250,000 which would be applied to assisting the City in completing the Capaha Park Master Plan as put forth in the PRS2 campaign. This would include enhancing safety, accessibility, parking, aesthetics, and water quality at the park. The improvements will include expanded parking, new ADA sidewalks and seating at the amphitheater, renovations to the pond/stormwater retention area, replacement of playground equipment on the west side of the park, new pavilions, improvements to the Rose Garden area, enhanced street and pedestrian lighting, signage, and landscaping. FINANCIAL IMPACT The grant requirements are 50/50 matching with a maximum award of $250,000 which is reimbursable through the State Department of Natural Resources, State Parks Grants Management Section. The current budget for the PRS2 Sales Tax renewal for Capaha Park is 1.5 million for Park improvements and $750,000 for Stormwater/Pond improvements which far exceeds the match required for the grant. The grant notification of award occurs in September of each calendar year and the grantee has two years to complete the project improvements identified within the grant. If the City were to obtain grant funding, the park improvement budget would be allocated at 2.5 million. Additional partners and funding will also be solicited from local organizations and the Missouri Department of Conservation who would provide staff, technical and potentially funding assistance on pond ecology and water quality enhancements. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The City Parks and Recreation Department and the City Stormwater Division have partnered to provide planning and oversight for the park/stormwater improvements. Prior to the passage of the PRS renewal, the Parks and Recreation Department had completed a citizen survey regarding the park needs for the city. In addition, the Stormwater division completed a watershed study for the park which provided recommendations for stormwater and pond improvements. In the citizen survey, Capaha Park ranked as one of the highest and most used parks by citizens. As part of the Capaha Park Master Plan process, public meetings and focus group meetings were held with citizens, avid park users and Southeast Missouri State University in order to seek input and gauge interest in proposed park improvements. Capaha Park is home to the Southeast Missouri State Baseball team, the Capaha's, one of the longest operating baseball teams in the country, and also the Cape Girardeau Municipal Band and the City's iconic Rose Garden. It will be the home of the new Prospect Baseball League Collegiate wood bat team the "Cape Catfish", which has their inaugural season this summer. It is considered the City's "Central Park" where many special events and casual recreation pursuits are enjoyed, it is walkable and accessible to large segments of the population and is adjacent to Southeast Missouri State University. Improvements to the park will provide improved infrastructure, safety, security, water quality and aesthetics that will serve the City for years to come. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the City Manager to apply for grant funds through the Land and Water Conservation Fund. PUBLIC OUTREACH Public outreach for improvements to Capaha Park was part of the initial Capaha Park Master Plan in 2012 where the process included public meetings along with a public survey. In addition, numerous public meetings were conducted during the Parks, Recreation and Stormwater renewal initiative which highlighted improvements to Capaha Park. The master plan and the PRS2 initiatives were both approved by City Council. ATTACHMENTS: Name: ❑ Land Water Conservation Fund Grant Parks and Rec Caoaha Park.doc Description: Resolution BILL NO. 19-27 RESOLUTION NO. A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE LAND AND WATER CONSERVATION FUND, AND AUTHORIZING THE CITY MANAGER TO PURUSE ACTIVITIES TO SECURE FUNDING, AND TO EXECUTE ALL NECESSARY GRANT DOCUMENTS WHEREAS, the City of Cape Girardeau, Missouri, is applying for federal assistance from the Land & Water Conservation Fund program for the purpose of construction of the Capaha Park Master Plan Improvements, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Scott Meyer, the City Manager of the City of Cape Girardeau, Missouri, is authorized to sign the application for federal assistance and any other official project documents that are necessary to obtain such assistance, including any agreements, contract or other documents that are required by the State of Missouri or the U.S. Department of the Interior, National Park Service. ARTICLE 2. The City of Cape Girardeau, Missouri, currently has the written commitment for the minimum 50o matching share for the project elements that are identified in the application and will allocate the necessary funds to complete the project. ARTICLE 3. In the event a grant is awarded, the City of Cape Girardeau, Missouri, will commit the necessary financial resources to operate and maintain the completed project in a safe and attractive manner for public access in perpetuity. ARTICLE 4. In the event a grant is awarded, the City of Cape Girardeau, Missouri, is prepared to complete the project within the time period identified on the signed project agreement. ARTICLE 5. In the event a grant is awarded, the City of Cape Girardeau, Missouri, will comply with all rules and regulations of the Land & Water Conservation Fund program, applicable Executive Orders, and all federal and state laws that govern the grant application during the performance of the project. PASSED AND ADOPTED THIS DAY OF , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk Staff: Casey Brunke P.E., City Engineer Agenda: 2/4/2019 SUBJECT Acceptance of public improvements to serve the Burger King Restaurant & Future Corporate Headquarters Facilities at 195 S. Mt. Auburn, in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION Mid-America Hotels Corporation constructed public improvements to serve the Burger King Restaurant & Future Corporate Headquarters Facilities at 195 S. Mt Auburn. The improvements consisted of stormwater infrastructure. 1 - Double Catch Basin The improvements are complete and ready to be accepted into the City's system. These improvements were inspected by City Staff and were completed generally in accordance with the approved plans. FINANCIAL IMPACT The improvements were installed by private contract. Once accepted into the City's system, the City will be responsible for routine maintenance and, if necessary, any repairs. STAFF RECOMMENDATION Staff recommends the Council accept, by motion, the public improvements to serve the Burger King Restaurant & Future Corporate Headquarters Facilities at 195 S. Mt. Auburn into the City's System. ATTACHMENTS: Name: Description: E1,36792 BuroerKing Record Plans revision1 01-23-2019 APPROVED (2).1)df Burger King, 195 S. Mt. Auburn, Record Plans 1 2 3 4 5 M Z RECORD PLANS FOR O N W URGER KING R STAURANT & O Z � FUTURE CORPORATE HEADQUARTERS FACILITI S cD ocy) D Lu N.W. CORNER OF MT. AUBURN ROAD & WILLIAM STREET D N11DAN1ERICA HOTEL CORPC)RATION CO 2 c'? O H J C/O: MS. MELANIE CANTRELL 0 co U �U Q ' /5 C"_ E LL Q > L x L 105 S. MT. 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( IN FEET ) SANITARY SEWER WYE INFORMATION INDICATED HEREON WAS 1 inch = 20 ft. PROVIDED BY THE CITY OF CAPE GIRARDEAU INSPECTORS, AND IS SUBJECT TO ANY INACCURACIES IN THOSE NOTES. ALL OTHER INFORMATION SHOWN WAS TAKEN FROM APPROVED CONSTRUCTION PLANS. 1 2 3 4 5 0 LLI M � U) .� (.0 W 4-0 O LL O °6 Q C L. _ W �z`� O TQ ILL W U ZQ~ U) a�0 QHQ — •�W aW� 1 c�a opo O�v Off= W W hoz �ry W� (-q Q L V olf 0-E Q m olf co }; 75 W U , _ (n L0Z O V co U w 0 W DESIGNED BY Z MISS Yo 0 LL 0 SOF �r 0- ww0-z o'oaa NIA *0FwpcZ.7 .00 wo o VE * Z Cf+ I-�7iu 025001 z w F w 7 o rn U)0-z� � W U (. M zw oW0 oxwn. cn!=z� Li. U) M p W Cm : M U Cl) c m [0-cp Q X L 0 Z�u- c U) (D Fm WQ � (aCuNa) 0)U�� JZ Q �,co .L N co C M a� 0 J ti 00 ♦♦R� Z w o UJFt 5 0 0 W v�� Lu 0 Z 3: 0 W 0 LLI M � U) .� (.0 W 4-0 O LL O °6 Q C L. _ W �z`� O TQ ILL W U ZQ~ U) a�0 QHQ — •�W aW� 1 c�a opo O�v Off= W W hoz �ry W� (-q Q L V olf 0-E Q m olf co }; 75 W U , _ (n L0Z O KEY SHEET KELS PJCT NO. 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J Q W Q' Z o co O DESIGNED BY O 0� miss 0L c . O MG M Q" MAR * W Zai w p co O G 042,01 025001 LLJ �W O �s D 1SV SIONAII �I-zw �owo Q C _ :::c w �z`� H�za p ° 'ry w 0 00 U a s ZQ~iii w :E U� Qr— Q 'cw wQ �U Dip ry Z w = � O O � Lu W w � •� O \ Z oQ Um Do E Q 0 co wLo w w Z w w O STORM SEWER PROFILES KELS PJCT NO. J Q W Q' Z o co O DESIGNED BY J J 0� miss Q W W W ° W 0 xoaa DRAWN BY W MG Q" MAR * W Zai cc * U oo1( N — I-�- 042,01 025001 Z w F w �W d o J �s 1SV SIONAII �I-zw �owo oxWa U)F-Z_W H�za W w w co STORM SEWER PROFILES KELS PJCT NO. co co DESIGNED BY CLK DRAWN BY SHEET NO. MG CHECKED BY R-3.0 G w w :E 2 O O w w w w of of z � � � ~ U U of of W W U cn > > Lu W w o Q� w rn rn Lu H co Lo Q CV CV 0 0 0 W N STORM SEWER PROFILES KELS PJCT NO. OWNR PJCT NO. 36792 DESIGNED BY CLK DRAWN BY SHEET NO. MG CHECKED BY R-3.0 G PLAN DATE 01.11.2019 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 2/4/2019 SUBJECT An Ordinance approving the Record Plat of The Lochs at Dalhousie - Phase V. EXECUTIVE SUMMARY The attached ordinance approves a record plat for Phase V of The Lochs at Dalhousie subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for The Lochs at Dalhousie - Phase V, located on Cardrona Drive. The property is zoned R-1 (Single -Family Suburban Residential). The plat divides a tract into twenty-one (21) lots and dedicates right-of-way for an extension of Cardrona Drive. A variance is shown for a reduced lot width for Lot P98. Staff supports the variance because no principal structures will be located in the narrow portion of the lot. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its January 10, 2018 meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Narne: ❑ Record Plat The Lochs at Dalhousie - Phase V.doc ❑ Staff Review Referral Action Form.odf C Map - Lochs at Dalhousie - Phase V 12-21-17.pdf CI Application - Lochs at Dalhousie - Phase V - 12-20-17.pdf E1.36796 - Lochs at Dalhousie - Phase V - 1-10-18.pdf Description: Ordinance The Lochs at Dalhousie Phase V - Staff RRA Form The Lochs at Dalhousie Phase V - Map The Lochs at Dalhousie Phase V - Application The Lochs at Dalhousie Phase V - Record Plat BILL NO. 19-23 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE - PHASE V BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of The Lochs at Dalhousie - Phase V, being that part of United States Private Survey No. 3139 and that part of fractional Section 16, Township 30 North, Range 13 East, of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by EED Development, L.L.C., bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated the 12th day of January, 2018, including all exceptions and variances, 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 , 2019. Bob Fox, Mayor ATTEST: Bruce Taylor, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: The Lochs at Dalhousie — Phase V Subdivision LOCATION: Cardrona Drive STAFFREVIEW & COMMENTS: A record plat has been submitted for a twenty-one (2 1) lot subdivision extending Cardrona Drive. SEE STAFF REPORT FOR MORE DETAILS. sem- 5:1 a ° - / Z/Zg f City Planr err Date 21,J)l 7 City Attol=y Date CITY MA X4. R 17aEFERRAL TO THE PLANNING AND ZONING COMML4SION: ty Manager /Date Planning & Zoning Commission RECOMMENDED ACTION: COMMENTS: CITIZENS COMMENTING AT MEETING: Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2"d & 3 Reading: ORDINANCE # Effective Date: Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand ❑ ❑ Scott McClanahan U ❑ ❑ Larry Dowdy U7/ LJ w ❑ ❑ Bruce Skinner I—�/ ❑ ❑ Jeff Glenn L3LlLa Spooler ld L)Doug Kevin Greaser —� ❑ ❑ Tom Welch ❑ ❑ ❑ Patrick Koetting ❑ ❑ VOTE COUNT: u Favor Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Kevin Greaser Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2"d & 3 Reading: ORDINANCE # Effective Date: The Lochs at Dalhousie - Phase V Subdivision Record Plat N w ` E r S CITYOf CAPE G I R A R D E A U Created by: Development Services Carol Peters December 21, 2017 0 245 490 980 Feet I I I I I I I I I CardroO Lf. _ \_ .11 +&' r�' ite Highway 74 w-a'h ,-_ Legend Lochs at Dalhousie Phase V Source: Esri, DigtaIGOE!: Ge I Parcels DS, USDA, USES, AEX, Get, the GIS User. Cpm it; �P4�olO@'G SUBDIVISION PLAT APPLICATION a CITY Of CAPE GIRARDEAU u•'"'w - DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 eBay, Name of Subdivision Type of Plat: Preliminary, Record, or Boundary Adjustment The Lochs at Dalhousie Phase V Record Plat Applicant Property Owner of Record (if other than Applicant) EED Development, LLC Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 1149 Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-382-9011 aarond@dalhousiegolfclub.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information, if necessary) Aaron Dombrowski Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Christopher Koehler Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-335-3026 ckoehler@koehlerengineering.com ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED ✓ Review Fee (payable to City of Cape Girardeau) Single -Family or Two -Family Residential: $20.00 per lot ($100.00 minimum) ZI L -T5 4LA2.0 Multi -Family Residential: $20.00 per dwelling unit ($100.00 minimum) See Instructions for more Non -Residential : $20.00 per acre ($100.00 minimum) information. _ Recording Fee Deposit (payable to City of Cape Girardeau) KE4100Ll 5u6M, ED Sheet Size Record Plat Boundary Adjustment Plat wk, -K O .D uggs%eN of TI't15 18" x 24" $44.00 $24.00 ?Lqr TVAK w ksN�* REC6R9eD 24" x 36" $69.00 $29.00 (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) ✓ Two (2) full size prints of the plat CI}�GK INCWII)OS FEE rcZ ✓ Digital file of the plat in .pdf format (can be emailed) STORMwAre?_ MkNIkGE/^ r:N'1 CERTIFICATION PERM1t *PPLICAr1o,J /70) 1 CA 53 I hereby certify that I am the sole Property Owner of Record or an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf. I acknowledge that plats for subdivisions involving public improvements will be held from City Council review until the improvements are completed and ready for acceptance by the City, or an escrow agreement for the improvements is executed. I further acknowledge that plats for subdivisions involving common land and/or elements require the submission of covenants and a deed ens ' he per I maintenance and supervision of the common land and/or elements by trustees prior to recxa ng oft ord pl Applicant Signature and Printed Name Date OFFICE USE ONLY Date Received & By 12 -';gP� -- J!7 MUNIS Application No. Planning & Zoning Commission Recommendation City Council Final Action Date Date Revised 08/11/2016 ro N E S NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM LOT M303 OF THE HIGHLANDS AT DALHOUSIE 3 r� N O CD N de`s LOT M304 OF THE HIGHLANDS AT DALHOUSIE -Ad 44 LOT M305 OF THE HIGHLANDS AT DALHOUSIE LOT Ml- THE :THE HIGHLAINUS AT DALHOUSIE LOT M307 OF THE HIGHLANDS AT DALHOUSIE N8213'.54"w RECORD PLAT OF THE (DC:1E—lSjN DALHOUSIE — PHASE V THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3139 AND THAT PART OF FRACTIONAL SECTION 16, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. \ (SHEET 1 OF 2) LOT L375 OF THE HIGHLANDS Q �/4/•._ AT DALHOUSIE PHASE IV LOT L374 OF THE HIGHLANDS AT DALHOUSIE — 60' PHASE IV Q LOT L354 OFA I \ RESUBDIVISION OF LOTS I \ CJD _352, L353, & L354 OF I L8 THE HIGHLANDS AT DAI V LHOUSIE - PHASE IV LOT L353 OF A RESUBDIVISION OF LOTS L352, L353, & L354 OF THE HIGHLANDS AT DALHOUSIE - PHASE IV I •\ I / \ Cp 3 d - to LEGEND LOT L351 OF THE HIGHLANDS AT DALHOUSIE - PHASE IV LOT L350 OF THE HIGHLANDS AT DALHOUSIE - D- PHASE IV SUBDIVISION NOTES SUBDIVISION & LOT SIZES TOTAL NUMBER OF RESIDENTIAL LOTS = 21 TOTAL SUBDIVISION AREA: 1,954,840 SQ. FT. (44.88 ACRES) SMALLEST RESIDENTIAL LOT SIZE: 11,955 SQ. FT. (0.27 ACRES) LARGEST RESIDENTIAL LOT SIZE: 1,351,703 SQ. FT. (31.03 ACRES) ZONING INFORMATION ALL LOTS ARE ZONED R-1 (SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT). R-1 ZONING REGULATIONS: MAXIMUM HEIGHT: 2.5 STORIES (<_ 35 FEET) MINIMUM LOT AREA: 10,000 SQ. FT. MAXIMUM DENSITY: 4 UNITS PER ACRE MINIMUM LOT WIDTH: 80 FEET MINIMUM YARD REQUIREMENTS: FRONT YARD: THIRTY (30) FEET REAR YARD: TWENTY-FIVE (25) FEET SIDE YARD: SIX (6) FEET EASEMENT NOTE SEWER AND UTILITY EASEMENT HAVING A MINIMUM WIDTH OF TEN (10) FEET TO BE LOCATED ALONG THE FRONT AND REAR LOT LINES OF LOTS P51 THROUGH P59 AND P88 THROUGH P98. SEWER AND UTILITY EASEMENT HAVING A MINIMUM WIDTH OF FIVE (5) FEET TO BE LOCATED ALONG THE SIDE LOT LINES OF SAID LOTS. FLOODPLAIN NOTE NO PORTION OF THE SUBDIVISION FALLS WITHIN THE SPECIAL FLOOD HAZARD AREA SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD (100 -YR FLOOD), AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031CO263E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. VARIANCE NOTE I I I I I I I I (01 T -I DIRECTION Rm L1 ()IM 171.54' W I CY) N10° 31' 25"W 127.51' EED 1 _,jo Qa 010 (FUTURE DEVELOPMENT) L4 1,351,703 SQ FT vl 31.03 ACRES ,X I I I I I I I I I I I 1 I I I Cp 3 d - to LEGEND LOT L351 OF THE HIGHLANDS AT DALHOUSIE - PHASE IV LOT L350 OF THE HIGHLANDS AT DALHOUSIE - D- PHASE IV SUBDIVISION NOTES SUBDIVISION & LOT SIZES TOTAL NUMBER OF RESIDENTIAL LOTS = 21 TOTAL SUBDIVISION AREA: 1,954,840 SQ. FT. (44.88 ACRES) SMALLEST RESIDENTIAL LOT SIZE: 11,955 SQ. FT. (0.27 ACRES) LARGEST RESIDENTIAL LOT SIZE: 1,351,703 SQ. FT. (31.03 ACRES) ZONING INFORMATION ALL LOTS ARE ZONED R-1 (SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT). R-1 ZONING REGULATIONS: MAXIMUM HEIGHT: 2.5 STORIES (<_ 35 FEET) MINIMUM LOT AREA: 10,000 SQ. FT. MAXIMUM DENSITY: 4 UNITS PER ACRE MINIMUM LOT WIDTH: 80 FEET MINIMUM YARD REQUIREMENTS: FRONT YARD: THIRTY (30) FEET REAR YARD: TWENTY-FIVE (25) FEET SIDE YARD: SIX (6) FEET EASEMENT NOTE SEWER AND UTILITY EASEMENT HAVING A MINIMUM WIDTH OF TEN (10) FEET TO BE LOCATED ALONG THE FRONT AND REAR LOT LINES OF LOTS P51 THROUGH P59 AND P88 THROUGH P98. SEWER AND UTILITY EASEMENT HAVING A MINIMUM WIDTH OF FIVE (5) FEET TO BE LOCATED ALONG THE SIDE LOT LINES OF SAID LOTS. FLOODPLAIN NOTE NO PORTION OF THE SUBDIVISION FALLS WITHIN THE SPECIAL FLOOD HAZARD AREA SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD (100 -YR FLOOD), AS INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031CO263E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. VARIANCE NOTE A VARIANCE IS SHOWN FOR THE REDUCED LOT WIDTH FOR LOT P98. LOT L348 OF THE HIGHLANDS \`� $o• AT DALHOUSIE - PHASE IV LOT L347 OF THE HIGHLANDS /LOT P50 OF AT DALHOUSIE - LOT P49 OF PHASE IV LOT L346 OF /THE LOCHS AT THE LOCHS AT THE HIGHLANDS I DALHOUSIE - DALHOUSIE - N�5�35, AT DALAHOUSIE - ( PHASE III PHASE III � >> 910 56 W \ \ SE IV L5 - 35316' 1 -._ IGS II1]C7�7]�. liffi1lta REFER TO SHEET 2 OF 2 FOR LOT DIMENSIONS FOR LOTS P51 -P59 AND P88 -P98. RECORD OWNER/ DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: EED DEVELOPMENT, L.L.C. (DOCUMENT NUMBER 2008-12252) C/O: AARON DOMBROWSKI, P.O. BOX 1149, CAPE GIRARDEAU, MO 63702 PLAT PREPARED BY AND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE - CAPE GIRARDEAU, MO 63701 - PH: (573) 335-3026 SURVEYOR'S CERTIFICATION THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017. RECORD PLAT REFERENCES THE HIGHLANDS AT DALHOUSIE PLAT BOOK 22, PAGE 34 THE LOCHS AT DALHOUSIE - CORRECTED AMENDED PLAT BOOK 23, PAGE 12 THE LOCHS AT DALHOUSIE - PHASE III PLAT BOOK 24, PAGE 46 THE HIGHLANDS AT DALHOUSIE - PHASE IV PLAT BOOK 24, PAGE 47 RESUBDIVISION OF LOTS L352, L353, & L354 OF THE HIGHLANDS AT DALHOUSIE - PHASE IV PLAT BOOK 25, PAGE 27 LINE TABLE LOT L349 OF DIRECTION THE HIGHLANDS L1 AT DALHOUSIE - 171.54' PHASE IV A VARIANCE IS SHOWN FOR THE REDUCED LOT WIDTH FOR LOT P98. LOT L348 OF THE HIGHLANDS \`� $o• AT DALHOUSIE - PHASE IV LOT L347 OF THE HIGHLANDS /LOT P50 OF AT DALHOUSIE - LOT P49 OF PHASE IV LOT L346 OF /THE LOCHS AT THE LOCHS AT THE HIGHLANDS I DALHOUSIE - DALHOUSIE - N�5�35, AT DALAHOUSIE - ( PHASE III PHASE III � >> 910 56 W \ \ SE IV L5 - 35316' 1 -._ IGS II1]C7�7]�. liffi1lta REFER TO SHEET 2 OF 2 FOR LOT DIMENSIONS FOR LOTS P51 -P59 AND P88 -P98. RECORD OWNER/ DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: EED DEVELOPMENT, L.L.C. (DOCUMENT NUMBER 2008-12252) C/O: AARON DOMBROWSKI, P.O. BOX 1149, CAPE GIRARDEAU, MO 63702 PLAT PREPARED BY AND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE - CAPE GIRARDEAU, MO 63701 - PH: (573) 335-3026 SURVEYOR'S CERTIFICATION THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017. RECORD PLAT REFERENCES THE HIGHLANDS AT DALHOUSIE PLAT BOOK 22, PAGE 34 THE LOCHS AT DALHOUSIE - CORRECTED AMENDED PLAT BOOK 23, PAGE 12 THE LOCHS AT DALHOUSIE - PHASE III PLAT BOOK 24, PAGE 46 THE HIGHLANDS AT DALHOUSIE - PHASE IV PLAT BOOK 24, PAGE 47 RESUBDIVISION OF LOTS L352, L353, & L354 OF THE HIGHLANDS AT DALHOUSIE - PHASE IV PLAT BOOK 25, PAGE 27 LINE TABLE LINE # DIRECTION LENGTH L1 N17° 38' 32"W 171.54' L2 N10° 31' 25"W 127.51' L3 N09' 01' 59"W 109.07' L4 S80' 58' 01"W 100.00' L5 N09° 01' 59"W 5.02' L6 S80' 58' 01"W 109.20' L7 N68° 27' 56"W 203.50' L8 S21 ° 32' 04"W 27.36' L9 N68° 27' 56"W 66.81' L10 N54° 22' 16"W 137.72' SUBDIVISION DEDICATION THE UNDERSIGNED, AARON DOMBROWSKI AND ELIZABETH ANN DOMBROWSKI, MANAGING MEMBERS OF EED DEVELOPMENT, LLC, A MISSOURI LIMITED LIABILITY COMPANY, OWNER IN FEE OF THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3139 AND THAT PART OF FRACTIONAL SECTION 16, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF SAID UNITED STATES PRIVATE SURVEY 3139, THENCE WITH THE SOUTH LINE OF SAID UNITED STATES PRIVATE SURVEY SOUTH 85°10'57" EAST, 872.77 FEET; THENCE SOUTH 86°08'17" EAST, 643.38 FEET TO THE SOUTHWEST CORNER OF THE LOCHS AT DALHOUSIE - CORRECTED AMENDED, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 23 AT PAGE 12; THENCE WITH THE WEST LINE OF SAID SUBDIVISION, NORTH 11°44'28" EAST, 302.28 FEET; THENCE NORTH 78°15'32" WEST, 503.84 FEET; THENCE NORTH 17°38'32" WEST, 171.54 FEET; THENCE NORTH 10°31'25" WEST, 127.51 FEET; THENCE NORTH 09°01'59" WEST, 109.07 FEET TO THE SOUTHEAST CORNER OF LOT P49 OF THE LOCHS AT DALHOUSIE - PHASE 3, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 24 AT PAGE 46; THENCE WITH THE SOUTH LINE OF SAID SUBDIVISION, SOUTH 80°58'01" WEST, 100.00 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE WITH THE WEST LINE OF SAID SUBDIVISION, NORTH 09°01'59" WEST, 5.02 FEET TO A POINT ON THE SOUTH LINE OF THE HIGHLANDS AT DALHOUSIE - PHASE IV, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 24 AT PAGE 47; THENCE WITH SAID SOUTH LINE, SOUTH 80°58'01" WEST, 109.20 FEET; THENCE NORTH 75°35'56" WEST, 353.16 FEET, THENCE NORTH 30°50'07" WEST, 601.35 FEET; THENCE NORTH 68°27'56" WEST, 203.50 FEET; THENCE SOUTH 21°32'04" WEST, 27.36 FEET; THENCE NORTH 68°27'56" WEST, 66.81 FEET; THENCE NORTH 54°22'16" WEST, 137.72 FEET; THENCE NORTH 82°13'59" WEST, 323.60 FEET TO A POINT ON THE SOUTH LINE OF THE HIGHLANDS AT DALHOUSIE, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 22 AT PAGE 34; THENCE WITH SAID SOUTH LINE, SOUTH 74°49'44" WEST, 384.27 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE LEAVING SAID SOUTH LINE, SOUTH 00°21'35" WEST, 888.28 FEET; THENCE NORTH 89°32'35" EAST, 986.06 FEET TO A POINT ON THE WEST LINE OF SAID UNITED STATES PRIVATE SURVEY 3139; THENCE WITH SAID WEST LINE, SOUTH 05°28'54" WEST, 473.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 1,954,840 SQ. FT. (44.88 ACRES), MORE OR LESS, DO HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS SHOWN AND DESIGNATED HEREON, AND WE HAVE NAMED SAID SUBDIVISION "THE LOCHS AT DALHOUSIE - PHASE V". THE RIGHT-OF-WAY SHOWN HEREON IS HEREBY DEDICATED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES. THE SEWER AND UTILITY EASEMENTS SHOWN HEREON ARE HEREBY GRANTED TO THE CITY OF CAPE GIRARDEAU, MISSOURI IN PERPETUITY FOR PUBLIC PURPOSES, INCLUDING THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF CITY WATER AND SEWER SYSTEMS, AND AS MAY BE AUTHORIZED BY THE CITY OF CAPE GIRARDEAU, MISSOURI TO BE USED BY A PUBLIC OR PRIVATE UTILITY PROVIDER FOR PURPOSES RELATED TO THE INSTALLATION, MAINTENANCE, REPAIR, REPLACEMENT, AND EXPANSION OF SUCH UTILITY SYSTEMS. THE SUBDIVISION IS SUBJECT TO CERTAIN RESTRICTIONS AS SET OUT IN A SEPARATE INSTRUMENT ON FILE IN THE LAND RECORDS OF SAID COUNTY. IN WITNESS WHEREOF, WE HEREUNTO SET OUR HANDS THIS DAY OF , A.D., 201 AARON DOMBROWSKI, MANAGING MEMBER EED DEVELOPMENT, LLC STATE OF MISSOURI ) Ss COUNTY OF CAPE GIRARDEAU ) ELIZABETH ANN DOMBROWSKI, MANAGING MEMBER EED DEVELOPMENT, LLC ON THIS DAY OF , A.D. 201, BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED AARON DOMBROWSKI AND ELIZABETH ANN DOMBROWSKI, MANAGING MEMBERS OF EED DEVELOPMENT, LLC, A MISSOURI LIMITED LIABILITY COMPANY, WHO ARE AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT AND WHO ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID LLC. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS DAY OF . A.D. 201 . 1 \ I r LOT P76 OF NOTARY PUBLIC / THE LOCHS AT D II \ P97 I P51 \ 1 DALHOUSIE - CORRECTED AMENDED I, CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ORDINANCE NO. P75 OF PASSED AND APPROVED THIS DAY OF A.D., 201_. 1 \ II THE LOCHS AT 1 \ 1 \ P52 \ I DALHOUSIE - `; CORRECTED N85'03'1 4"W II \ P96 1\ I \ J f AMENDED CITY CLERK OF CAPE GIRARDEAU, MISSOURI 116.68' \ � � � I \ LOT P74 OF FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, I \ J \ THE LOCHS AT � MISSOURI, IN DOCUMENT NO. AT JACKSON, MISSOURI, ON THE DAY OF A.D., P53 \ D COORRECRRECTED IE - 201_. � AMENDED LOT P73 OF THE LOCHS AT Dq ANDREW DAVID BLATTNER P54 \ \ DALHOUSIE — LOT P71 OF CORRECTED THE LOCHS AT LOT P70 OF RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI V A\ V AV AMENDED DALHOUSIE — THE LOCHS AT CORRECTED DALHOUSIE — LOT P69 OF \ _ AMENDED CORRECTED THE LOCHS AT __7 r _ _ _ A178� AMENDED DALHOUSIE ALHOU IED LOT P68 OF 'Y 5 32 W AMENDED THE LOCHS AT LOT P67 OF r — — _ 50384 DALHOUSIE - CORRECTED THE LOCHS AT — AMENDED DALHOUSIE - I - _ CORRECTED AMENDED \ — / P58 I P98 \ \ >^ \� C� J �_ P59 THETLOCHS AT DALHOUSIE - so , CORRECTED I — �J L — — -i N AMENDED -7 _— _ r 1— _ _, 0 = FOUND IRON ROD I j— �_ — — , o L\\ P92 P91 �/ _ `v 276.76' 1 0 0 = CENTERLINE =RIGHT OF WAY LINE POINT OF BEGINNINGS8510'57-'E — — — — — — — P88 a o 872 U.S.P.S. 3139 — -� L _ — — �l r / Z SW CORNER USPS 3139 .77' _ _ _ _ _ _ _j L — o = w —J L__ —�� f = BOUNDARY LINE U S P.S. 2188 — -1 _ _ _ J L Jj 1 0 0 J L_-- W � 1 = LOT LINE S86'08'17"E 643.38' _ J U.S.P.S. 3139 — — — — — — — — — = SEWER & UTILITY ESMT U.S.P. S. 2189 =SETBACK LINE GRAPHIC SCALE z ����� =EXISTING EASEMENT �o0 0 5o ioo 20o aoo 1/2" IRON RODS SET AT ALL CORNERS UNLESS OTHERWISE NOTED ( IN FEET ) 1 inch = 100 ft. rm N E S NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM CURVE TABLE CURVE # LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH C1 50.54' 100.00' 28°57'18" S05° 26' 40"W 50.00' C2 50.54' 100.00' 28°57'18" S05° 26' 40"W 50.00' C3 75.13' 500.00' 8°36'33" S13° 20' 15"E 75.06' C4 50.54' 100.00' 28°57'18" N87° 15' 49"E 50.00' C5 50.54' 100.00' 28°57'18" N87° 15' 49"E 50.00' El LOT L347 OF THE HIGHLANDS AT DALHOUSIE - PHASE IV RECORD PLAT OF 1-1 OCHS AT DALHOUSIE - PHASE V THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3139 AND THAT PART OF FRACTIONAL SECTION 16, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. (SHEET 2 OF 2) LOT L346 OF THE HIGHLANDS AT DALHOUSIE - PHASE IV LOT P50 OF THE LOCHS AT DALHOUSIE - PHASE III S09'01'59"E r-5 02' LOT P49 OF THE LOCHS AT DALHOUSIE - PHASE III SUBDIVISION NOTES SUBDIVISION & LOT SIZES TOTAL NUMBER OF RESIDENTIAL LOTS = 21 TOTAL SUBDIVISION AREA: 1,954,840 SQ. FT. (44.88 ACRES) SMALLEST RESIDENTIAL LOT SIZE: 11,955 SQ. FT. (0.27 ACRES) LARGEST RESIDENTIAL LOT SIZE: 1,351,703 SQ. FT. (31.03 ACRES) ZONING INFORMATION ALL LOTS ARE ZONED R-1 (SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT). 0/0. 5+ » 56 LINE # + 1"E 58 0, ' 1 ,01"E 100.00 — LOT P77 OF THE LOCHS AT R-1 ZONING REGULATIONS: 1 526' 11 Ng0'58 01 50.00 A4 5_a DALHOUSIE - CORRECTED MAXIMUM HEIGHT: 2.5 STORIES (<- 35 FEET) 13.04' _ �. •� 59•'LO 711 -100.00' 1 t!� AMENDED O MINIMUM LOT AREA: 10,000 SQ. FT. EXISTING STORM L16 N72° 21' 28"E 16.53' 1 SEWER ESMT I ORDINANCE NO. 3882 \��� —5.02 0 I L� 1 O �tp MAXIMUM DENSITY: 4 UNITS PER ACRE 1 1 1 v ��� = I o cfl� MINIMUM LOT WIDTH: 80 FEET rn i JoU P 51 0 MINIMUM YARD REQUIREMENTS: ' I LOT P76 OF / / i I �, I 14 ul C(1 FT � / FRONT YARD: THIRTY (30) FEET ' .- ' ' -_ ' I 1 p HL LUCHS Al REAR YARD: TWENTY-FIVE (25) FEET LEGEND '1 P 97 1 1'M' -'j' 0.33 ACRES DALHOUSIE - CORRECTED SIDE YARD: SIX (6) FEET 1 28285 SQ FT 1 I 1 o AMENDED RECORD PLAT REFERENCES 0.65 ACRES EXISTING SEWER ESMT 1 = FOUND IRON ROD 1 I I ORDINANCE NO. 3883 EASEMENT NOTE THE HIGHLANDS AT DALHOUSIE J (TO BE RELEASED BY I SEWER AND UTILITY EASEMENT HAVING A MINIMUM WIDTH OF TEN (10) FEET TO BE PLAT BOOK 22, PAGE 34 = CENTERLINE 0 11 I I I J I THIS PLAT) 6 16' LOCATED ALONG THE FRONT AND REAR LOT LINES OF LOTS P51 THROUGH P59 I I AND P88 THROUGH P98. SEWER AND UTILITY EASEMENT HAVING A MINIMUM WIDTH THE LOCHS AT DALHOUSIE - CORRECTED AMENDED = RIGHT OF WAY LINE 5 SEWER & 6 SIDE 8 1 7, �� J OF FIVE (5) FEET TO BE LOCATED ALONG THE SIDE LOT LINES OF SAID LOTS. PLAT BOOK 23, PAGE 12 m UTILITY ESMT SETBACK (TYP.) J �'4 713 N /��0°58'01"E 125 _ _ / = BOUNDARY LINE _ _� — _ —� `� L N , FLOODPLAIN NOTE THE LOCHS AT DALHOUSIE -PHASE III 1 _ PLAT BOOK 24, PAGE 46 = LOT LINE w o0 Q o F w•� NO PORTION OF THE SUBDIVISION FALLS WITHIN THE SPECIAL FLOOD HAZARD AREA 195 ()1 \ I SUBJECT TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD 100 -YR FLOOD AS THE HIGHLANDS AT DALHOUSIE - PHASE IV j �—__ 5g'01„W � ( ), -580 1 i N LOT P75 OF INDICATED ON THE FLOOD INSURANCE RATE MAP NUMBER 29031CO263E WITH AN PLAT BOOK 24, PAGE 47 — — — =SEWER &UTILITY ESMT co 71 4 0 o �� THE LOCHS AT 1� r-' \ P P 52 EFFECTIVE DATE OF SEPTEMBER 29, 2011. rn DALHOUSIE - CORRECTED RESUBDIVISION OF LOTS L352, L353, & L354 OF THE — — — — =SETBACK LINE 11 UTILITY'E SMT I 1� �I �'UJ \\_ 12028 SQ FT AMENDED VARIANCE NOTE HIGHLANDS AT DALHOUSIE - PHASE IV 1 � 0.28 ACRES 1 N PLAT BOOK 25, PAGE 27 EXISTING EASEMENT 1 I I 1 4 \ I J A VARIANCE IS SHOWN FOR THE REDUCED LOT WIDTH FOR LOT P98. I JI+ 0 1 1/2” IRON RODS SET AT ALL CORNERS I I P 96 \0 J� N85°03'14"W UNLESS OTHERWISE NOTED 1 27518 SQ FT 126 �1 116.6 8' 0.63 ACRES 1 , 9-1 1 1 �� '� 6' SIDE 10 SEWER & 1 F� P74 OF SETBACK \ THE LOCHS AT UTILITY ESMT 1 A\ (TYP.) \6 DALHOUSIE - CORRECTED i i P 53 \ AMENDED -\ \ 1 1 ��' '� V6 v,- 11955 SQ FT \ so9°o1'S9� �� \­� 0.27 ACRES \ w ,5754 \ \. 23,68' _ �,► 30' FRONT\ 3 \ \ SETBACK (TYP.) LOT P73 OF H THE LOCHS AT ELM AL -it oo� �� v v P 95 v� v �� �R� r2 � \� DALHOUSIE 5p' Rj� E 28,778 SQ FT \�, �, � A �, o _ \ \ 0.66 ACRES \ W \ P 54 \o- 0 12500 SQ FT \ 25' REAR \ _� \ � �� \ � LOT P71 of r\ \ \ o \� \ 0.29 ACRES SETBACK (TYP.) o \ THE LOCHS AT DALHOUSIE - CORRECTED LOT P70 OF 6' SIDE \ s \ \ o \ AMENDED THE LOCHS AT \0 \ 25' REAR �- V� OC DALHOUSIE - CORRECTED SETBACK o o- X25 I A SETBACK (TYP.) �0' \ \ 1'2� —1.76' LOT P69 OF �� _ 51.12' AMENDED A 1 �— _ — THE LOCHS AT I �N122 \ \ \ 122 2 \o 1 1 log O DALHOUSIE - CORRECTED , AMENDED LOT P68 OF 10' SEWER & 1 �- _ _ 5787532" THE LOCHS AT P 55 1 UTILITY ESMT— LUO' — Jr0384, DALHOUSIE - CORRECTED 1 1i — AMENDED LOT P67 OF ��'%� (JI 15431 SQ FT l� P 56 5' SEWER & 1 i- - _ THE LOCHS AT I SETBACK \ \ 2 wER o \ 1 5' SEWER & OU — — DALHOUSAMENDEDRRECTED 25' REAR\ o' sE rg� 06 \ \ \ 0.35 ACRES 13724 SQ FT UTILITY ESMT17200, _ I I _ I I N I I o I I I o I I I I o I 0 I I I I I I I I I I L RECORD OWNER/ DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: EED DEVELOPMENT, L.L.C. (DOCUMENT NUMBER 2008-12252) C/O: AARON DOMBROWSKI, P.O. BOX 1149, CAPE GIRARDEAU, MO 63702 PLAT PREPARED BY AND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY. KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE - CAPE GIRARDEAU, MO 63701 - PH: (573) 335-3026 SURVEYOR'S CERTIFICATION THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE JUNE 30, 2017. LINE TABLE LINE # DIRECTION LENGTH L11 S09° 01' 59"E 5.02' L12 S09° 01' 59"E 28.40' L13 N80° 58' 01 "E 13.04' L14 N80° 58' 01 "E 12.07' L15 N72° 21' 28"E 17.01' L16 N72° 21' 28"E 16.53' 50 0 0.32 ACRES w 11 l -1 1-_ i A = 1 P 57 UTILITY ESMT 1 r- �? 92 r � o � � � z 30 FRONT 1 \ �� SETBACK (TYP.) l� 13750 SQ FT 0 1 80 - _ _ 1 1 _ 1 0.32 ACRES 1 P 58 1� P 98 170 13750 SQ FT DOC. EXISTING 0� 20 6-06373 X11 _ 1 'I 1 1 o SEWER & 0.32 ACRES ,`'-' 1 P 59 _ • I 191,113 SQ FT V A P 94 i �� � °9� - 70��ao' -- " 1 4.39 ACRES \ / �7 �� L UTILITY ESMT - 1� o 30 FRONT \ 27,316 SQ FT ,� _ 14049 SQ FT LOT CIT of SETBACK \ V 0.63 ACRES i �� _ 770,00- _ _ - 1 1 1 THE LocHs AT \ \ //j \ -�� J L - _ I/ 0.32 ACRES DALHOUSIE - CORRECTED �2 31 _ L 1 AMENDED - C 32„ - - - 1 1 � � 1 v / 7 q _ E _ 1 Rp 436 0 00 — \ I---_7000�i RO 2�, --_J _---J 30' FRONT 1 - - _ - Nq - - _ _ 7=63.17' SETBACK (TYP.) 1 5O_RRI�/E - 26 70 _=300, 7.9 _ 1 10' SEWER & 1 1 1 r- - - _100 =�- C4 -� \ / / P 93 1 1 UTILITY ESMT 1 1� 1 1 _ - _ _ 1 � — _ O EXISTING SEWER ESMT 6' SIDE 38819 SQ FT ,� I/� _ 0 00, Doc. No. Zoos -06373 3 0.89 ACRES 1 1 1 1 _ _ _ _ _ _ �-37 90 \� \✓ / / // SETBACK (TYP.) P 92 �1 �1 � �l '� 1 - L-63.17_ 25 SIDE SETBACK \ \ /< 1 19104 SQ FT 1 P 91 1 0 1 I 1 1 3.93' — \ \ 0.44 ACRES 17720 SQ FT P 90 ' 0.41 ACRES 1 � 1 ---------__ — — — — _ A UTILITY ESM -'� ' � 16336 SQ FT �l P 89 �l _ — — — — — _ \ o� \ 25' REAR 1 1 I ; / ",1- 0.38 ACRES 14952 SQ FT ' P 88 _ _ \ 0� SETBACK (TYP.) 5 SEWER & 1' 1 �l 0.34 ACRES 16049 SQ FT LOT P4 OF $85'10'57"E 872.77, 528.80' - - - - - - - _ _ _ U S - - _ - - - \ \ — — — — — 1 UTILITY ESMT 10' SEWER & THE LOCHS AT - -\ _ — --1� 1 1 1 UTILITY ESMT '1 1' 1 1 0.37 ACRES �J DALHOUSIE P.S. 3139 - - - L CORRECTED AMENDED U.S.PS 218 ' - 07-------- 1 1 -- — — —J' 1 — 1 1 p 1 o _ 9 127.76 ----' L_--- -tel — — IL_ — — _j •, J L N86'08'17"W 643.38' 0005' ------__--� L_____ 1 00.95 — J GRAPHIC SCALE 81° 25 50 100 200 ( IN FEET ) 1 inch = 50 ft. I HEREBY RELEASE THE EXISTING PUBLIC EASEMENT AS SHOWN ON THIS PLAT. SCOTT A. MEYER, CITY MANAGER CITY OF CAPE GIRARDEAU, MISSOURI STATE OF MISSOURI ) SS COUNTY OF CAPE GIRARDEAU ) ON THIS DAY OF , A.D. 201, BEFORE ME A NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED SCOTT A. MEYER, WHO, BEING BY ME DULY SWORN, DID SAY THAT HE IS THE CITY MANAGER OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AND THAT HE IS AUTHORIZED TO EXECUTE THE FOREGOING INSTRUMENT ON BEHALF OF SAID CITY, AND THAT HE EXECUTED SAID INSTRUMENT AS THE FREE ACT AND DEED OF SAID CITY. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS DAY OF . A.D. 201 MY TERM EXPIRES NOTARY PUBLIC FILED FOR RECORD IN THE OFFICE OF THE RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN DOCUMENT NO. , AT JACKSON, MISSOURI, ON THE DAY OF , A.D., 201 ANDREW DAVID BLATTNER RECORDER OF DEEDS OF CAPE GIRARDEAU COUNTY, MISSOURI 0. Professional Engineers 8z Land Surveyors 194 Coker Lane Cape Girardeau, Missouri 63701 Ph: (573) 335 - 3026 Fax: (573) 335 - 3049 DRAWN BY: RYAN ROTH REV/DATE DESCRIPTION INITIALS CHECKED BY: CHRIS KOEHLER 1/1-3-18 ADDRESS CITY REVIEW COMMENTS RR SURVEY DATE N.A. 2/1-10-18 ADDRESS CITY REVIEW COMMENTS RR DRAWING DATE: DECEMBER 13, 2017 DRAWING NO 36796 Staff: Molly Mehner, AICP, ICMA-CM, Agenda: Deputy City Manager 2/4/2019 SUBJECT An Ordinance for the Deployment of Small Cell Wireless Facilities in the City of Cape Girardeau EXECUTIVE SUMMARY During the 2018 legislative session, the Missouri General Assembly passed House Bill No. 1991 commonly known as the Uniform Small Cell Wireless Facility Deployment Act. The Act repealed sections 67.1830 and 67.1846 of the Revised Statutes of Missouri, and enacted fourteen new sections regarding the deployment of wireless infrastructure facilities. The bill addresses regulations to access public Right -of -Way to facilitate the deployment of the fifth generation (5G) of wireless and mobile broadband, and specifically targets how localities regulate small cell technology powering these networks. On January 4, 2019, the City received a written request from AT&T respectfully requesting the City of Cape Girardeau enact a small cell ordinance in accordance with the new legislation. In response, staff has prepared the attached ordinance for Council's review and consideration. BACKGROUND/DISCUSSION As wireless usage continues to escalate, providers must find new ways to keep pace with demand. One way to address capacity is the deployment of "small cells" - a type of wireless technology for broadband infrastructure. Small cells are significantly smaller than traditional "macro" cell towers which provide coverage for miles. Small cells typically provide coverage for much smaller geographic areas and help fill gaps in coverage. They are also physically smaller and are often attached to structures in the public right-of-way including utility and light poles. The State of Missouri recently passed a bill commonly known as the Uniform Small Cell Wireless Facility Deployment Act. The bill addresses regulations to access public Right -of -Way to facilitate the deployment of the fifth generation (5G) of wireless and mobile broadband, and specifically targets how localities regulate small cell technology powering these networks. The bill went into effect January 1, 2019. On January 4, 2019, the City of Cape Girardeau received a written request from AT&T to enact a small cell ordinance. A provision in the new state law requires the City to adopt an ordinance within two months of receiving a request from a wireless provider. Thus, staff has prepared the attached ordinance for the City Council's consideration in an attempt to meet the statutory timeline. The proposed ordinance allows wireless providers to utilize the City's right-of-way and utility poles for the placement of small cell wireless facilities. The ordinance sets general standards as well as permit requirements, application fees, construction standards, indemnity and insurance requirements, and other miscellaneous provisions for small cell wireless facilities. The deployment of small cell wireless facilities in the City should improve cell density, capacity, and overall service levels for City residents, businesses, and visitors alike. FINANCIAL IMPACT None. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The deployment of small cell wireless facilities in the City of Cape Girardeau should improve cell density, capacity, and overall service levels for residents, businesses, and visitors alike. STAFF RECOMMENDATION Staff recommends the City Council adopt the Ordinance for the Deployment of Small Cell Wireless Facilities in the City of Cape Girardeau. ATTACHMENTS: Name: Description: ❑ Amending CH 24 Pubic ROW Small Cell Wireless Facilities.docx Ordinance ❑ AT T SmallCellOrdlnanceReguestLtr-CapeGir.pdf Request for Small Cell Ordinance BILL NO. 19-28 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY ADDING A NEW ARTICLE VI RELATED TO REGULATION OF PUBLIC RIGHTS-OF- WAY WHEREAS, the City Council of the City of Cape Girardeau is authorized under its Charter to regulate public rights-of-way, and other aspects of development that may affect the public health, safety or welfare and is additionally authorized under state law to control such matters to protect the public, WHEREAS, the City Council's legislative findings include that: (a) the ROW is a unique and physically limited resource; (b) the ROW is critical to the travel and transportation of persons and property in the City; (c) the ROW is intended for public uses and must be managed and controlled consistent with that intent and can be partially occupied by Facilities and public service entities to the enhancement of the health, welfare, and general economic well-being of the City and its citizens; and (d) such findings require adoption of regulations to ensure coordination of users, maximize available space, reduce maintenance and costs to the public, and facilitate entry of a maximum most efficient number of Right -of -Way Users that will serve the public interest; and WHEREAS, the City has been granted the authority to enact legislation to regulate the construction, placement, and operation of telecommunications towers and antennas pursuant to its zoning powers established in Chapter 89 RSMo. and additionally pursuant to its general and specific police powers established by statute (including Chapters 67, and 392 RSMo.); and WHEREAS, the Missouri General Assembly enacted the "Uniform Small Wireless Facility Deployment Act" § § 67.5110 to 67.5121 RSMo., which governs certain installations of wireless equipment in the City's Rights -of -Way, which had an effective date of January 1, 2019; and WHEREAS, consistent with state and federal law and the City Council's legislative findings, the City Council desires to enact new regulations for small wireless facilities within the ROW and other pedestrian and vehicular ways; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 24 of the Code of Ordinances of the City of Cape Girardeau, Missouri, titled "Streets and Sidewalks," is hereby amended by adopting and adding a new Article VI, "Small Wireless Communications Facilities," Sections 24-512 through 24-522, inclusive, to read as follows: ARTICLE VI SMALL WIRELESS COMMUNICATIONS FACILITIES Section 24-512. Applicability: To the extent permitted by law, this Article VI of Chapter 24 ("Article") shall apply to all Persons desiring to construct, operate, or maintain Small Wireless Facilities within the City of Cape Girardeau. To the extent permitted by Applicable Law, any Wireless Facility which does not meet the requirements of a Small Wireless Facility shall be required to comply with Section 24-518(c) of the Code of Ordinances, City of Cape Girardeau, Missouri (the "City Code" or "Code"). Section 24-513. Definitions: (a) Definitions and Usage — General. For the purposes of this Article, the following terms, phrases, words, and abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not inconsistent with the context, words used in the present tense include the future tense and vice versa, words in the plural number include the singular number and vice versa, and masculine gender includes the feminine gender and vice versa. The words `shall" and "will" are mandatory, and "may" is permissive. Unless otherwise expressly stated or contrary to the context, terms, phrases, words, and abbreviations not defined herein shall be given the meaning set forth in § 67.5110-67.5121 RSMo, and if not defined therein, the City Code, and, if not defined therein, their common and ordinary meaning. For further convenience, the first letter of terms, phrases, words, and abbreviations defined in this Article have been capitalized, but an inadvertent failure to capitalize such letter shall not affect its meaning, nor shall the inadvertent capitalization of the first letter of a term, phrase, word or abbreviation not defined herein affect the meaning thereof. (b) "Antenna", communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services; (c) "Applicable Codes", uniform building, fire, electrical, plumbing, or mechanical codes adopted by a recognized national code organization or local amendments to such codes enacted to prevent physical property damage or reasonably foreseeable injury to persons; (d) "Applicable Law," state and federal law and regulation applicable to the construction, installation, deployment or Collocation of Wireless Facilities and Utility Poles, including those laws and regulations of general applicability such as local ordinances and state law relating to use of Right -of -Way; (e) "Applicant", any person who submits an application and is a wireless provider; (f) "Application", a request submitted by an applicant to the City for a permit to collocate small wireless facilities on a utility pole or wireless support structure, or to approve the installation, modification, or replacement of a utility pole; (g) "City Manager", means the City Manager of the City of Cape Girardeau, or his/her designee; (h) "City Utility Pole", means a utility pole, as defined below, owned, managed, or operated by or on behalf of the City; except municipal electric utility distribution poles or facilities; (i) "Collocate" or "Collocation", to install, mount, maintain, modify, operate, or replace small wireless facilities on or immediately adjacent to a wireless support structure or utility pole, provided that the small wireless facility antenna is located on the wireless support structure or utility pole; 0) "Decorative Pole", a Utility Pole that is specially designed and placed for aesthetic purposes; (k) "Facility" or "Facilities" shall have the same meaning as defined in Section 24-402; (1) "Fee", a one-time, nonrecurring charge; (m) "Historic district", a group of buildings, properties, or sites that are either listed in the National Register of Historic Places or formally determined eligible for listing by the Keeper of the National Register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the National Register, in accordance with Section VLD.l.a.i-v of the Nationwide Programmatic Agreement codified at 47 C.F.R. Part 1, Appendix C, or are otherwise located in a district made subject to special design standards adopted by a local ordinance or under state law as of January 1, 2018, or subsequently enacted for new developments; (n) "Micro wireless facility", a small wireless facility that meets the following qualifications: (1) Is not larger in dimension than twenty-four inches in length, fifteen inches in width, and twelve inches in height; and (2) Any exterior antenna no longer than eleven inches; (o) "Permit", a lawfully granted and express written authorization from a designated City official which is required by the City to utilize the City's Right - of -Way for the placement of Facilities, or for use of City infrastructure for such Facilities, including to collocate Small Wireless Facilities in the Right -of -Way, or 3 to install, replace, maintain or operate a Utility Pole inside the Right -of -Way for any purpose; (p) "Rate", a recurring charge; (q) "Right -of -Way", the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property used for public travel, but not including a federal interstate highway, railroad right-of-way, or private easement; (r) "Small Wireless Facility", a wireless facility that meets both of the following qualifications: (1) Each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and (2) All other equipment associated with the wireless facility, whether ground or pole mounted, is cumulatively no more than twenty-eight cubic feet in volume, provided that no single piece of equipment on the utility pole shall exceed nine cubic feet in volume; and no single piece of ground mounted equipment shall exceed fifteen cubic feet in volume, exclusive of equipment required by an electric utility or municipal electric utility to power the small wireless facility. The following types of associated ancillary equipment shall not be included in the calculation of equipment volume: electric meter, concealment elements, telecommunications demarcation box, grounding equipment, power transfer switch, cut-off switch, and vertical cable runs and related conduit for the connection of power and other services; (s) "Technically feasible", by virtue of engineering or spectrum usage, the proposed placement for a small wireless facility or its design or site location can be implemented without a material reduction in the functionality of the small wireless facility; (t) "Utility Pole", a pole or similar structure that is or may be used in whole or in part by or for wireline communications, electric distribution, lighting, traffic control, signage, or a similar function, or for the collocation of small wireless facilities; (u) "Wireless Facility", equipment at a fixed location that enables wireless communications between user equipment and a communications network, including equipment associated with wireless communications and radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration. The term includes small wireless facilities. The term does not include: (1) The structure or improvements on, under, or within which the equipment is collocated; al (2) Coaxial or fiber-optic cable between wireless support structures or utility poles; (3) Coaxial or fiber-optic cable not directly associated with a particular small wireless facility; or (4) A wireline backhaul facility; (v) "Wireless Infrastructure Provider", any person, including a person authorized to provide telecommunications service in the state, that builds or installs wireless communication transmission equipment or wireless facilities but that is not a wireless services provider; (w) "Wireless Provider", a wireless infrastructure provider or a wireless services provider; (x) "Wireless Services", any services using licensed or unlicensed spectrum, including the use of wifi, whether at a fixed location or mobile, provided to the public using wireless facilities; (y) "Wireless Services Provider", a person who provides wireless services; (z) "Wireless Support Structure", an existing structure, such as a monopole or tower, whether guyed or self-supporting, designed to support or capable of supporting wireless facilities; an existing or proposed billboard; an existing or proposed building; or other existing or proposed structure capable of supporting wireless facilities other than a structure designed solely for the collocation of small wireless facilities. Such term shall not include a utility pole. (aa) "Wireline backhaul facility", a physical transmission path, all or part of which is within the right-of-way, used for the transport of communication data by wire from a wireless facility to a network. See. 24-514. General Standards: (a) Neither the City, nor any person owning, managing, or controlling City Utility Poles, shall enter into an exclusive arrangement with any person for use or management of the Right -of -Way for the Collocation of Small Wireless Facilities or the installation, operation, marketing, modification, maintenance, management, or replacement of City Utility Poles within the Right -of -Way, or for the right to attach to such City Utility Poles within the Right -of -Way. (b) The City, in applying the provisions of this Article, will act in a competitively neutral manner with regard to other users of the Right -of -Way. (c) Nothing in this Article limits the ability of the City to require an Applicant to obtain one or more permits of general applicability in addition to the Permit required by this Article in order to Collocate a Small Wireless Facility or install a 5 new, modified, or replacement Utility Pole associated with a Small Wireless Facility. (d) The City shall require a permit under Applicable Codes, existing City ordinances, including Section 24-405, and this Article, including but not limited to building permits, electrical permits, or excavation permits as provided for in Section 24-405, with reasonable conditions for work in a Right -of -Way that will involve excavation, affect traffic patterns, obstruct traffic in the Right -of -Way, or materially impede the use of a sidewalk. (e) A Small Wireless Facility must comply with reasonable, objective, and cost- effective concealment or safety requirements determined by the City, which may include stealth or disguising of such Small Wireless Facility, to the extent permitted by Applicable Law. (f) Subject to Subsection (h) of Section 24-515 of this Article, and except for facilities excluded from evaluation for effects on historic properties under 47 C.F.R. Section 1.1307(a)(4) of the Federal Communications Commission rules, the City may require reasonable, technically feasible, nondiscriminatory, and technologically neutral design or concealment measures, for Small Wireless Facilities or Utility Poles placed in a Historic District, in addition to any applicable zoning requirement in such Historic District. Any such design or concealment measures shall not have the effect of prohibiting any Wireless Provider's technology, nor shall any such measures be considered a part of the Small Wireless Facility for purposes of the size restrictions in the definition of Small Wireless Facility. (g) Right -of -Way Users, upon adequate notice and at the facility owner's own expense, shall relocate facilities as may be needed in the interest of public safety and convenience, in accordance with the requirements established in Section 24- 415. (h) To the extent permitted by this Article and Applicable Law, in reviewing applications for Small Wireless Facilities, Wireless Support Structures and Utility Poles, the City will exercise zoning, land use, planning, and permitting authority, and any other applicable authority, within its territorial boundaries. See. 24-515. Permitting Provisions: (a) Permit Requirements — Inside the Right -of -Way. Any Person desiring to Collocate Small Wireless Facilities, or to install, replace, maintain, or operate a Utility Pole inside the Right -of -Way must first apply for and obtain a Permit, in addition to any other required permit, license, or authorization that is generally applicable. (1) The Collocation of Small Wireless Facilities and the installation, maintenance, modification, operation, and replacement of Utility Poles Con along, across, upon, and under the Right -of -Way in areas zoned single- family residential or as historic as of August 28, 2018, remain subject to any applicable zoning requirements. (2) Small Wireless Facilities and Utility Poles shall be installed and maintained so as not to obstruct or hinder the usual travel, including pedestrian travel, or public safety on the Right -of -Way or obstruct the legal use of the Right -of -Way by the City or other authorized Right -of - Way Users. (3) A new, replacement, or modified Utility Pole installed in the Right -of - Way, except for in areas zoned single-family residential or historic as of August 28, 2018, shall not be subject to zoning requirements so long as the Utility Pole does not exceed the greater of ten feet in height above the tallest existing Utility Pole in place as of January 1, 2019 located within five hundred feet of the new Utility Pole in the same Right -of -Way, or fifty feet above ground level. A new, modified, or replacement Utility Pole that exceeds these height limits shall be subject to applicable City zoning requirements, and any applicable ROW Management, building and safety requirements as established in this Article, or any other applicable Code section, and that are consistent with Sections 67.5090 to 67.5103, RSMo. (4) New Small Wireless Facilities in the Right -of -Way shall not extend more than ten feet above an existing Utility Pole in place as of August 28, 2018. (5) Small Wireless Facilities on a new Utility Pole shall not extend above the height permitted for a new Utility Pole in Subsection 3 above. (6) A Wireless Provider shall be permitted to replace Decorative Poles when necessary to collocate a Small Wireless Facility, but any replacement Utility Pole shall reasonably conform to the design aesthetics of the Decorative Pole(s) being replaced. The term `reasonably conform' as used herein, shall mean that the design aesthetics of the replacement pole shall be as nearly identical as possible to the Decorative Pole replaced. The City Manager is authorized to determine if the replacement Utility Pole reasonably conforms to the decorative elements of the Utility Pole being replaced, based upon the reasonable objective design standards of the City. In districts where there are Utility Poles which were specifically designed for their aesthetic nature and compatibility with the built environment of that district, as determined by the City, such Utility Poles be deemed to be Decorative Poles (or "Decorative Utility Poles"). Such Decorative Utility Poles, when authorized to be replaced by an applicant for Small Wireless Facilities, or any other applicable Facility, pursuant to Applicable Law and in compliance with this Article and Code, 7 shall only be replaced with a substantially similar Decorative Utility Pole which matches the aesthetics and decorative elements of the original Decorative Utility Pole being replaced. Such replacement expenses shall be bore wholly by the applicant seeking to place Wireless Communications Facilities on such Decorative Utility Pole. (7) The City may require replacement of a Utility Pole that is proposed to be used for a Collocation for reasons of safety and reliability, including a demonstration that the collocation would make the Utility Pole structurally unsound. (b) Permit Requirements — Outside the Right -of -Way. (1) The City may allow Collocation of Small Wireless Facilities on City Wireless Support Structures and City Utility Poles that are located on City property outside the right-of-way to the same extent, if any, that it allows access to such structures for other commercial projects or uses. Any such Collocations shall be subject to reasonable and nondiscriminatory rates, fees, and terms as provided in an agreement between the City and the Wireless Provider. (2) The City shall not enter into an exclusive agreement with a Wireless Provider concerning City Utility Poles or City Wireless Support Structures that are located on City property outside the Right -of -Way, including stadiums and enclosed arenas, unless the agreement meets the requirements of Applicable Law. (c) Permit Process for an Applicant seeking to construct Small Wireless Facilities in or outside the Right -of -Way, or to install, replace, maintain or operate a Utility Pole inside the Right -of -Way. (1) All Applications for Permits shall be submitted to the City Manager. The City Manager may draft a standard Application form, consistent with the provisions of this Article, and that form shall be used by all Applicants. An Applicant shall not be required to provide more information to obtain a Permit under this Article than other communications service providers that are not Wireless Providers, unless §§ 67.5110-67.5121 allows such information to be included. (2) An Application for a Permit shall include the following: a. Construction and engineering drawings which demonstrate compliance with the criteria in Section 24-515(f); b. An attestation that the Small Wireless Facilities comply with the volumetric limitations in the definition of Small Wireless Facility; N. c. Information on the height of any new, replacement, or modified Utility Pole; d. Applicable indemnity, insurance, performance bond information required in Section 24-517; e. An Applicant that is not a Wireless Services Provider must provide evidence of agreements or plans demonstrating that the Small Wireless Facilities will be operational for use by a Wireless Services Provider within one year after the Permit issuance date, unless the City Manager expressly agrees in writing to extent this period. An Applicant that is a Wireless Services Provider must provide this information by attestation; f. Plans and detailed cost estimates for any make-ready work as needed, which the Applicant shall be solely responsible for the cost of any make-ready work; g. Projected commencement and termination dates for the Permit, or if such dates are unknown at the time the Permit is issued, a provision requiring the Permit holder to provide the City Manager with reasonable advance notice of such dates once they are determined; and h. A certified engineer's structural report; and i. Information relating to the height of the Utility Poles within five hundred feet (500') of the proposed Utility Pole to be installed, modified, or replaced. (d) Fees and Rates. Each such Application shall be accompanied by payment of fees as designated in this Article. (1) Application Fee. a. The total fee for an Application for the Collocation of a Small Wireless Facility on an existing Utility Pole is $100.00 per Small Wireless Facility, unless a higher maximum rate is provided for by Applicable Law. b. An Applicant filing a consolidated Application shall pay $100.00 per Small Wireless Facility included in the consolidated Application, unless a higher maximum rate is set by Applicable Law. c. The total fee for an Application for the installation, modification, or replacement of a Utility Pole and the Collocation 0 of an associated Small Wireless Facility is $500.00 per Utility Pole, unless a higher maximum rate is set by Applicable Law. (2) Collocation Rate. a. The rate for Collocation of a Small Wireless Facility to a City Utility Pole is $150.00 per City Utility Pole per year, unless a higher maximum rate is set by Applicable Law. (e) Consolidated Applications. (1) An Applicant may file a consolidated Application and receive a single Permit for the Collocation of multiple Small Wireless Facilities. a. An Application may include up to twenty separate Small Wireless Facilities; provided that they are for the same or materially same design of Small Wireless Facility being Collocated on the same or materially the same type of Utility Pole or Wireless Support Structure, and geographically proximate. Design and geographic proximity shall be as determined by the City Manager. The Application shall provide information sufficient for the City Manager to determine whether the Applicant has met the requirements of this Subsection. b. If the City receives individual Applications for approval of more than fifty (50) Small Wireless Facilities or consolidated Applications for approval of more than seventy-five (75) Small Wireless Facilities within a fourteen (14) day period, whether from a single Applicant or multiple Applicants, the City may, upon its own request, obtain an automatic thirty (30) day extension for any additional Collocation or replacement or installation Application submitted during that fourteen day period or in the fourteen day period immediately following the prior fourteen (14) day period. The City will promptly communicate its request to each and any affected Applicant. c. The denial of one or more Small Wireless Facilities in a consolidated Application shall not delay processing or constitute a basis for denial of any other Small Wireless Facilities in the same consolidated Application or the consolidated Application as a whole. (2) The City shall provide a good faith estimate for any make-ready work necessary to enable a City Utility Pole to support the requested Collocation by a Wireless Provider, including pole replacement if necessary, within sixty (60) days after receipt of a complete Application. Make-ready work, including any pole replacement, shall be completed 10 within sixty (60) days of written acceptance of the good faith estimate and advance payment by the Applicant. (3) For any Application denied: a. The City shall document the complete basis for a denial in writing and send the documentation to the Applicant on or before the day the City denies the Application. b. The Applicant may cure the deficiencies identified by the City and resubmit the Application within thirty (30) days of the denial without paying an additional application fee. c. The City shall approve or deny the revised Application within thirty (30) days. Any subsequent review shall be limited to the deficiencies cited in the denial. (f) Denial of an Application. An Application for a proposed collocation of a Small Wireless Facility or installation, modification, or replacement of a Utility Pole otherwise meeting the requirements of Sections 24-515(a)(1) or (b)(1) may be denied if, in the judgment of the City Manager, the action proposed in the Application could reasonably be expected to: (1) Materially interfere with the safe operation of traffic control equipment or City -owned communications equipment; (2) Materially interfere with sight lines or clear zones for transportation, pedestrians, or non -motorized vehicles; (3) Materially interfere with compliance with the Americans with Disabilities Act, or similar federal or state standards regarding pedestrian access or movement; (4) Materially obstruct or hinder the usual travel or public safety on the Right -of -Way; (5) Materially obstruct the legal use of the Right -of -Way by the City, utility, or other third party; (6) Fail to comply with Applicable Codes, including nationally recognized engineering standards for Utility Poles or Wireless Support Structures; (7) Fail to comply with the reasonably objective and documented aesthetics of a Decorative Pole and the Applicant does not agree to pay to match the applicable decorative elements; (8) Fail to comply with reasonable and nondiscriminatory undergrounding requirements contained in Section 24-406(1), or subsequently enacted for new developments, that require all utility facilities in the area to be placed 11 underground and prohibit the installation of new or the modification of existing Utility Poles in a Right -of -Way without prior approval, provided that such requirements include a waiver or other process of addressing requests to install such Utility Poles and do not prohibit the replacement or modification of existing Utility Poles consistent with Applicable Law or the provision of Wireless Services; or (9) Fail to comply with the City's Utility Pole spacing requirements as described in 24-518(d). In addition, the City Manager may also deny an Application for any other reason not prohibited by Applicable Law. (g) Approval of an Application. (1) The City Manager shall review each Application for a Permit and, upon determining that all of the following elements described herein are met, shall issue the Permit. The City Manager shall review each Application to determine if: a. The Applicant has submitted all necessary information; b. There is no basis under Section 24-515(f) to deny the Application; and c. The Applicant has paid the appropriate Fee as determined by the City. (2) If the City approves an Application, the Applicant is authorized to undertake the installation or Collocation. (3) The City shall reserve certain space on all City Utility Poles for City uses. Upon application by a wireless provider to utilize space on the City's Utility Poles, the City may approve a Permit, subject to a reservation to reclaim space on the Utility Pole to meet the Utility Pole owner's core utility purpose or a City plan projected at the time of the Application. (4) All Permits issued under this Section shall become void if the Small Wireless Facility is not installed within a year of issuance of the Permit, unless otherwise waived by express writing of the City Manager. (h) No Application Required. No Application is required for: (1) ROW users, as defined by Section 24-402, performing routine maintenance which does not require excavation, does not disrupt traffic or pedestrians, and requires no more than four (4) hours to complete, provided that at minimum two (2) hours' notice is provided to the City Manager during normal business hours; 12 (2) Contractors working on the construction or reconstruction of public improvements and which are operating pursuant to a contract with the City for such construction; or (3) Routine maintenance on previously approved Small Wireless Facilities, replacement of such Small Wireless Facilities that are the same or smaller in size, weight, and height, or installation placement, maintenance, operation, or replacement of Micro Wireless Facilities, as defined by Section 67.5111 RSMo., that are strung on cables between Utility Poles in compliance with applicable safety and building codes, when such work will not involve excavation, affect traffic patterns, obstruct traffic in the ROW, or materially impede the use of a sidewalk, and provided the ROW user submits as-builts of the new Small Wireless Facilities or Micro Wireless Facilities so the city may maintain an accurate inventory of facilities installed in the ROW. A person performing the permitted acts under this Subsection shall be required to provide the City with a description of any new equipment installed so that the City may maintain an accurate inventory of the Small Wireless Facilities at a particular location. Sec. 24-516. Construction Standards: To the extent permitted by Applicable Law, all Wireless Providers shall follow the ROW construction standards outlined in Section 24-406, and additionally shall be required to meet the following standards: (a) The construction, operation, maintenance, and repair of Small Wireless Facilities shall be in accordance with Applicable Codes and relevant City ordinances pertaining to construction, operation, maintenance, and repair inside or outside the Right -of -Way. (b) All Small Wireless Facilities shall be installed and located with due regard for minimizing interference with the public and with other users of a Right -of -Way, including the City. (c) An Applicant shall not place Small Wireless Facilities where they will damage or interfere with the use or operation of previously installed facilities, or obstruct or hinder the various utilities serving the residents and businesses in the City of their use of any Right -of -Way. (d) Any and all Rights -of -Way disturbed or damaged during the construction of Small Wireless Facilities shall be promptly repaired or replaced by the Applicant as the Rights -of -Way existed before the disturbance or damage. (e) Any Wireless Infrastructure Provider, contractor or subcontractor must be properly licensed under laws of the State and all applicable local ordinances. 13 (f) Each Wireless Infrastructure Provider, contractor or subcontractor shall have the same obligations with respect to its work as Wireless Services Provider would have hereunder and Applicable Law if the work were performed by the Wireless Services Provider. The Wireless Services Provider shall be responsible for ensuring that the work of Wireless Infrastructure Providers, contractors or subcontractors is performed consistent with their Permits and Applicable Law, and shall be responsible for promptly correcting any acts or omissions by a Wireless Infrastructure Provider, contractor or subcontractor. Sec. 24-517. Indemnity, Insurance, Performance Bonds: (a) Indemnity. (1) Wireless Providers shall indemnify and hold the City, its officers and employees harmless against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors. (b) Insurance. (1) As part of the Permit process, a Wireless Provider must provide proof of liability insurance coverage against any damage or personal injury caused by the negligence of the Wireless Provider or its employees, agents, or contractors. The Wireless Provider's liability insurance policy must name the City or its officers and employees as additional insureds. However, such for Wireless Provider's use of the ROW that is not specifically related to Small Wireless Facilities, and to the extent permitted by Applicable Law, all other activities within the ROW shall be required to adhere to the insurance requirements of Section 24-414. (2) In the alternative, a Wireless Provider must demonstrate that it has in effect a comparable self-insurance program by submitting an affidavit to the City demonstrating such self-insurance program. (c) Performance Bond. (1) As part of the Permit process, a Wireless Provider must post a performance bond of $1,500 per Small Wireless Facility, to a maximum of $75,000 for all Small Wireless Facilities. However, such Performance Bond shall only be limited in such a manner as specifically related to a Wireless Providers' Small Wireless Facilities, and to the extent permitted by Applicable Law, all other uses of the ROW shall be required to adhere to the performance bonding requirements outlined in Section 24-414. (2) The purpose of the performance bond required by this Subsection is to: 14 a. Provide for the removal of abandoned or improperly maintained Small Wireless Facilities, including those that the City determines need to be removed to protect public health, safety, or welfare; b. Restore the Right -of -Way in connection with removals of Small Wireless Facilities from the Right -of -Way; and c. Recoup rates or fees that have not been paid by a Wireless Provider in over twelve months, provided the Wireless Provider has been provided with reasonable notice from the City and has been given the opportunity to cure. (3) Upon completion of the work associated with the Small Wireless Facilities covered by the performance bond, to the satisfaction of the City Manager, the City Manager shall eliminate the bond or reduce its amount after a time appropriate to determine whether the work performed was satisfactory, which time shall be established by the City Manager considering the nature of the work performed. (4) Recovery by the City of any amounts under the performance bond or otherwise does not limit an Applicant's duty to indemnify the City in any way, nor shall such recovery relieve an Applicant of its obligations under a Permit or reduce the amounts owed to the City other than by the amounts recovered by the City under the performance bond, or in any respect prevent the City from exercising any other right or remedy it may have. (d) Exemption (1) Applicants that have at least twenty-five million dollars in assets in the State, certified as true in a submitted affidavit to the City, and do not have a history of permitting noncompliance within the City, as determined by the City Manager, shall be exempt from the insurance and bonding requirements otherwise required by this Section. The City may require an Applicant to provide proof by affidavit that its assets meet or exceed this requirement at the time of filing the Application. Sec. 24-518. Miscellaneous Provisions: (a) Compliance With Laws. Each Applicant shall comply with all applicable City ordinances, resolutions, rules and regulations heretofore and hereafter adopted or established, to the extent that they are not prohibited by state and federal law. (b) Franchises Not Superseded. Nothing herein shall be deemed to relieve an Applicant of the provisions of an existing franchise, license or other agreement or permit, for small wireless facilities installed prior to August 28, 2018. (c) Safety Fall Zones Required. To the extent permitted by Applicable Law, a safety fall zone of the height of any structure or Utility Pole shall be required of 15 all installations that do not meet the definition of a Small Wireless Facility. Such requirement may be administratively waived upon good cause shown by the Applicant to the City Manager. (d) Spacing Requirements. New Utility Poles and related ground mounted equipment shall be permitted to be installed above ground; provided, however, that to ensure unobstructed pedestrian use and city maintenance of the ROW and minimize visual obstructions for vehicular traffic, a new Utility Pole and any ground mounted equipment related to that Utility Pole or the equipment thereon shall not be installed within one hundred and fifty feet (150') of another Utility Pole or other ground mounted equipment on the same side of the ROW. A replacement Utility Pole that is installed in lieu of an existing Utility Pole and is installed within ten feet (10') of the existing Utility Pole, shall not be considered a new Utility Pole subject to the spacing requirements herein. Such spacing regulations as applied to that specific site may be altered by the City Manager upon good cause shown by the applicant including: a. When and where nearby Utility Poles exist that are spaced closer than one hundred and fifty feet (150') apart; b. When conditions are such that no existing structure is available for placement of Facilities; and c. The Utility Pole can be placed to be minimally visually intrusive. (e) Violations and Appeals. All violations of this Article shall be punishable as provided for in Section 24-421, and appeals shall be as provided for in Section 24-420. (f) Rights and Remedies: (1) The exercise of one remedy under this Article shall not foreclose use of another, nor shall the exercise of a remedy or the payment of damages or penalties relieve an Applicant of its obligations to comply with its Permits or with this Article or other Applicable Law. Remedies may be used alone or in combination; in addition, the City may exercise any rights it has at law or equity. (2) The City hereby reserves to itself the right to intervene in any suit, action or proceeding involving any provisions of this Article. (3) No Applicant shall be relieved of its obligation to comply with any of the provisions of this Article by reason of any failure of the City to enforce prompt compliance. (g) Incorporation by Reference: Any Permit granted pursuant to this Article shall by implication include a provision that shall incorporate by reference this Article, 16 and any other Applicable Law, into such Permit as fully as if copied therein verbatim. (h) Calculation of Time: Unless otherwise indicated, when the performance or doing of any act, duty, matter, or payment is required under this Article or any Permit, and a period of time is prescribed and is fixed herein, the time shall be computed so as to exclude the first and include the last day of the prescribed or fixed period of time. (i) Self -Preemption. No provision of this Article shall apply to any circumstance in which such application shall be unlawful under superseding federal or state law and furthermore, if any section, subsection, sentence, clause, phrase, or portion of this Article is now or in the future superseded or preempted by state or federal law or found by a court of competent jurisdiction to be unauthorized, such provision shall be automatically interpreted and applied as required by law. 0) Severability: If any term, condition, or provision of this Article shall, to any extent, be held to be invalid or unenforceable, the remainder hereof shall be valid in all other respects and continue to be effective. In the event of a subsequent change in Applicable Law so that the provision that has been held invalid is no longer invalid, said provisions shall there upon return to full force and effect without further action by the City and shall thereafter be binding on the Applicant and the City. Sec. 24-519. Annexation: The provisions hereof shall specifically apply to any lands or property annexed as the date of such annexation. Sec. 24-520. Relocation of Facilities. Whenever, by reason of changes in the grade or widening of a street or in the location or manner of constructing a water pipe, drainage channel, sewer, or other City -owned underground or above ground structure, it is deemed necessary by the City, in the interest of public safety and convenience, to move, alter, or change the location of underground or above ground facilities of a Wireless Provider, the Wireless Provider shall relocate such facilities in accordance with Section 24-415. Sec. 24-521. Standards Applicable To City. Any standards in this Article relating to Small Wireless Facilities shall be fully applicable to work performed by the City and its departments. Sec. 24-522. Savings Clause. Nothing contained herein shall in any manner be deemed or construed to alter, modify, supersede, supplement or otherwise nullify any other ordinances of the City or 17 requirements thereof, whether or not relating to or in any manner connected with the subject written hereof, unless expressly provided otherwise herein or hereafter. ARTICLE 2. The portions of this Ordinance shall be severable. In the event that any portion of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this Ordinance are so essential and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City Council would have enacted the valid portions without the invalid one, or unless the court finds that the valid portions standing alone are incomplete and are incapable of being executed in accordance with the legislative intent. ARTICLE 3. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED this day of , 2019. ATTEST: Bruce Taylor, Deputy City Clerk Bob Fox, Mayor 18 Craig Unruh - President AT&T Missouri T 314.235-9660 1010 Pine Street craig.unruh@att.com Room 19W -C-01 St. Louis, MO 63101 January 4, 2019 Mayor Bob Fox City of Cape Girardeau 401 Independence, PO Box 617 Cape Girardeau, MO 63703 Re: Need to Enact a Small Cell Ordinance Dear Mayor Fox, We write pursuant to Section 67.5119.1 of the State's new Uniform Small Wireless Facility Deployment Act, HB 1991 (which went into effect January 1, 2019), to respectfully request the City enact a small cell ordinance. This provision of HB 1991 states: Within the later of two months after August 28, 2018, or two months after receiving a request from a wireless provider, an authority shall adopt an ordinance or develop an agreement that makes available to wireless providers rates, fees, and other terms that comply with sections 67.5110 to 67.512 1, subject to subsection 2 of this section. An authority and a wireless provider may enter into an agreement implementing sections 67.5110 to 67.5121, but an authority shall not require a wireless provider to enter into such an agreement. We make this request because we have current plans to begin deploying small cell facilities to improve cell density and capacity in the City. Please know that we will make every effort to work cooperatively with the City to successfully deploy small cell equipment and related poles and will work through any build -affecting issues as they may arise. We look forward to working with the City within the context of this new state law to bring the benefits of small cell technology to the City and its residents. Very truly yours, President - AT&T Missouri Staff: Bruce Taylor, Deputy City Clerk Agenda: 2/4/2019 SUBJECT One appointment to the Airport Advisory Board for a term expiring April 30, 2019. EXECUTIVE SUMMARY One term on the Airport Advisory Board is set to expire April 30, 2019. This position was held by Paul Mingus, who has resigned. A copy of the board roster is attached for your review. BACKGROUND/DISCUSSION According to Section 4-2 of the City Code, "two members of the airport board may be residents of Cape Girardeau, Scott, Bollinger or Perry County. The remaining members must be residents of the City of Cape Girardeau." Board members serve a three-year term. The following individuals have expressed interest in being appointed to the board and their board applications are attached. Applicant Ward Citizen Academy Graduate Justin Davidson ® No Fred Eggley © No Nicholas S FNo Kevin Williams =F No STAFF RECOMMENDATION It is recommended that one appointment is made to the Airport Advisory Board for a term expiring April 30, 2019. ATTACHMENTS: Name ❑ Airport Roster (1)(1).pdf ❑ roster attendance airport.odf Description: Airport Board Roster Airport Board Attendance Roster CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees January 22, 2019 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 May 8, 1996. Airport Board Date Reappointed Term Expires ---- April 30, 2019 April 30, 2019 ---- April 30, 2019 ---- April 30, 2020 4/4/11; 5/5/14 April 30, 2020 ---- April 30, 2020 05/07/18 April 30, 2021 04/16/18 April 30, 2021 ---- April 30, 2021 Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Bruce Loy, Airport Manager, 334-6230. Date Appointed Richard Knote June 18, 2018 Vacant* Ryan Dewrock July 5, 2016 Mark Welker September 5, 2014 Brian Ozark * October 4, 2010 Jeff Brune April 17, 2017 Joe Hobbs* April 17, 2017 Mark Seesing July 5, 2016 Joseph Uzoaru April 16, 2018 Date Reappointed Term Expires ---- April 30, 2019 April 30, 2019 ---- April 30, 2019 ---- April 30, 2020 4/4/11; 5/5/14 April 30, 2020 ---- April 30, 2020 05/07/18 April 30, 2021 04/16/18 April 30, 2021 ---- April 30, 2021 Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Bruce Loy, Airport Manager, 334-6230. AIRPORT ADVISORY BOARD Attendance Record Ordinance effective April 13, 2000 P = present; A = absent 2019 Jan Feb Mar April May Jun Jul Aug Sept Oct Nov Dec 1st 2nd 3rd termi- 2nd Tuesday 8 12 12 9 14 11 9 13 10 8 12 10 letter letter letter nated abs. Brune, Jeff P Mar April 13 10 Dewrock, Ryan P Jun 12 Knote, Richard P Aug 14 Mingus, Paul Resigned 1/7/19 01/07/19 Oct 9 Ozark, Brian P Dec 1st 2nd 11 letter letter Seesing, Mark P abs. Uzoaru, Joseph P P Welker, Mark P P P 2018 2nd Tuesday Jan 9 Feb 13 Mar April 13 10 May 8 Jun 12 Jul 10 Aug 14 Septl 11 Oct 9 Nov 13 Dec 1st 2nd 11 letter letter 3rd termi- letter nated abs. Albright, Justin P P P P ft4gn7 04/25/18 Brune, Jeff P P P P P P i P P E P P Cork, Robert P P P P RMigned 04/24/18 Dewrock, Ryan P P I P I P I P I P P N P N P P Hobbs, Joe P I P I A 1pired I P I P P P P 04/16/18 Knote, Richard Appt June 18, 2018 p p c A P Mingus, Paul P P A A P P P .o. P '"` P A Ozark, Brian P P P P P P P P c P A Seesing, Mark P P A P P P P E P P P Uzoaru, Joseph Appointed 4/16/18 P P P P ` P A Welker, Mark P I P I I P P P P I E I P o A P Staff: Agenda: 2/4/2019 SUBJECT FY20 Budget and Activity Report for VisitCape (Cape Girardeau Convention & Visitors Bureau) EXECUTIVE SUMMARY At the December 3, 2018, City Council Meeting, Cape Girardeau Covention and Visitors Bureu Executive Director Brenda Newbern presented a report of activity for the past year and plans for the upcoming year. The Strategic Plan, Statement of Activity, and Fiscal Year 2020 Budget are attached. BACKGROUND/DISCUSSION GENERAL DIRECTION ATTACHMENTS: Name: Description: ❑ FY20 Budget for City of Cape.xlsx FY20 Budget for City of Cape ❑ FY20 Statement of Activitv.xls FY20 Statement of Activity 0 Strategic Plan Goals and Objectives FY 2017 -FY 2020.docx Strategic Plan Goals and Objectives FY 2017 -FY 2020 Cape Girardeau Convention and Visitors Bureau Statement of Activity Projected Budget for Fiscal Year 2020 (July 1, 2019 - June 30, 2020) INCOME: TOTAL INCOME: $736,344.00 $785,770.00 $49,426.00 6.7% FY20 Special events include Riverboat dockings with new cruise line, MSHSAA Golf Tournaments, Several business Regional Conference, etc. *FY2019 Tourism Development Income removed from budget to bank account with Capaha(Southeren Bank) and from expense *Budget for Missouri Division of Tourism are increasing in matching grant funding in FY20. Will review for impact on funding. FY2019, Cape Girardeau's hotel taxes ended at 7.63% Based on the current performance we are requestiong 3% for FY20 Budgeted Proiected I % FY2019 FY2020 Difference Difference Annual Annual Annual FY2018 to FY2019 Operating Budget Allocation (City of Cape Girardeau) $694,632.00 $715,450.00 $20,818.00 3.0% Grants $20,152.00 $48,520.00 $28,368.00 140.8% Group Insurance: Dependants $15,060.00 $13,000.00 ($2,060.00) -13.7% Sales of Goods (Gift Shop) $3,200.00 $3,500.00 $300.00 9.4% Sales of Services (Step On Guides, Etc.) $300.00 $300.00 $0.00 0.0% Special Events Income $3,000.00 $5,000.00 $2,000.00 66.7% Interest $0.00 $0.00 $0.00 #DIV/0! Tourism Development $0.00 $0.00 $0.00 #DIV/0! TOTAL INCOME: $736,344.00 $785,770.00 $49,426.00 6.7% FY20 Special events include Riverboat dockings with new cruise line, MSHSAA Golf Tournaments, Several business Regional Conference, etc. *FY2019 Tourism Development Income removed from budget to bank account with Capaha(Southeren Bank) and from expense *Budget for Missouri Division of Tourism are increasing in matching grant funding in FY20. Will review for impact on funding. FY2019, Cape Girardeau's hotel taxes ended at 7.63% Based on the current performance we are requestiong 3% for FY20 Cape Girardeau Convention and Visitors Bureau Statement of Activity Projected Budget for Fiscal Year 20 (July 1, 2019 - June 30, 2020) EXPENSES: Budgeted Projected $ % FY19 FY20 Difference Difference Annual Annual Annual FY19 to FY20 Salaries/Agency Contracts $180,675.00 $189,340.00 $8,665.00 4.8% Payroll Tax $15,260.00 $14,000.00 ($1,260.00) -8.3% Retirement Plan $12,000.00 $11,200.00 ($800.00) -6.7% Staff Development (Travel, Meetings, Etc.) $15,000.00 $22,000.00 $7,000.00 46.7% Telephone $11,400.00 $7,000.00 ($4,400.00) -38.6% Office Operations (Office Supplies) $3,600.00 $3,600.00 $0.00 0.0% Bank Service Charges $300.00 $300.00 $0.00 0.0% Equipment and Service , Utilities (Repair, New, Etc.) $23,050.00 $23,050.00 $0.00 0.0% Membership, Dues and Subscriptions $9,000.00 $9,000.00 $0.00 0.0% Postage $12,500.00 $8,000.00 ($4,500.00) -36.0% Automobile $4,620.00 $4,620.00 $0.00 0.0% Group Insurance: Active $23,000.00 $23,000.00 $0.00 0.0% Group Insurance: Dependents $17,000.00 $13,000.00 ($4,000.00) -23.5% Building Maintenance $8,000.00 $10,000.00 $2,000.00 25.0% Rent $30,000.00 $30,900.00 $900.00 3.0% Renters Insurance / WC / Unemployment $0.00 $0.00 $0.00 0.0% Professional Fees (Includes Audit) $2,200.00 $3,200.00 $1,000.00 45.5% Cost of Goods Sold (Items Sold) $6,000.00 $8,000.00 $2,000.00 33.3% Promotional Items (Giveaways) $16,500.00 $17,500.00 $1,000.00 6.1% Miscellaneous Expense $9,600.00 $9,600.00 $0.00 0.0% Contract Services (Chamber Management Fee) $67,440.00 $70,000.00 $2,560.00 3.8% CVB Task Force (Board Expenses) $600.00 $600.00 $0.00 0.0% Special Events Expense $3,600.00 $5,600.00 $2,000.00 55.6% Destination Development $6,000.00 $6,000.00 $0.00 0.0% (S.A.M)Event Incentives Fund Expenses $30,000.00 $32,000.00 $2,000.00 6.7% (S.A.M.) Advertising and Marketing $143,652.00 $177,934.00 $34,282.00 23.9% (S.A.M.) Collateral Material (Brochures, Video, etc.) $14,067.00 $14,709.00 $642.00 4.6% (S.A.M.) Expos and Showcases $25,000.00 $30,500.00 $5,500.00 22.0% (S.A.M.) Miscellaneous $14,380.00 $21,617.00 $7,237.00 50.3% (S.A.M.) Research $6,000.00 $6,000.00 $0.00 0.0% (S.A.M.) Graphic Design $27,000.00 $13,500.00 ($13,500.00) -50.0% Reserve Funding for Purchase of Permanent Home $0.00 $0.00 $0.00 #DIV/0! Tourism Development Expenses $0.00 $0.00 $0.00 0.0% TOTAL EXPENSES: $737,444.00 $785,770.00 $48,326.00 6.6% TOTAL INCOME: $736,344.00 $785,770.00 $49,426.00 6.7% TOTAL EXPENSES: $736,344.00 $785,770.00 $49,426.00 6.7% DIFFERENCE (SURPLUS/DEFICIT): $0.00 $0.00 $0.00 Cape Girardeau Convention and Visitors Bureau Statement of Activity Fiscal Year 20 (July 1, 2019- June 30, 2020) Projected INCOME: Annual Budget Jul Auq Sep Oct Nov Dec Jan Feb Mar Aur May Jun Total City of Cape Girardeau $715,450.00 $178,862.50 $0.00 $0.00 $178,862.50 $0.00 $0.00 $178,862.50 $0.00 $0.00 $178,862.50 $0.00 $0.00 $715,450.00 Grants $48,520.00 $0.00 $12,130.00 $0.00 $0.00 $12,130.00 $0.00 $0.00 $12,130.00 $0.00 $0.00 $12,130.00 $0.00 $48,520.00 Group Insurance: Dependents $13,000.00 $1,020.00 $1,020.00 $1,096.00 $1,096.00 $1,096.00 $1,096.00 $1,096.00 $1,096.00 $1,096.00 $1,096.00 $1,096.00 $1,096.00 $13,000.00 Sales of Goods (Gift Shop) $3,500.00 $650.00 $450.00 $450.00 $250.00 $100.00 $300.00 $100.00 $100.00 $300.00 $200.00 $200.00 $400.00 $3,500.00 Sales of Services (Step On Guides, Etc.) $300.00 $50.00 $50.00 $50.00 $50.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $50.00 $50.00 $300.00 Special Events Income $5,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $5,000.00 Interest $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Tourism Development Income 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL INCOME: $785,770.00 $181,582.50 $14,650.00 $2,596.00 $181,258.50 $13,326.00 $1,396.00 $180,058.50 $13,326.00 $1,396.00 $180,158.50 $13,476.00 $2,546.00 $785,770.00 YTD INCOME... $181,582.50 $196,232.50 $198,828.50 $380,087.00 $393,413.00 $394,809.00 $5745867.50 $588,193.50 $5895589.50 $769,748.00 $783,224.00 $785,770.00 EXPENSES: Annual Budget Jul Auq Sep Oct Nov Dec Jan Feb Mar Aur May Jun Total Salaries/Agency Contracts $189,340.00 $15,770.00 $15,770.00 $15,780.00 $15,780.00 $15,780.00 $15,780.00 $15,780.00 $15,780.00 $15,780.00 $15,780.00 $15,780.00 $15,780.00 $189,340.00 Payroll Tax $14,000.00 $1,167.00 $1,167.00 $1,167.00 $1,167.00 $1,167.00 $1,167.00 $1,167.00 $1,167.00 $1,166.00 $1,166.00 $1,166.00 $1,166.00 $14,000.00 Retirement Plan $11,200.00 $1,007.00 $1,007.00 $107.00 $1,007.00 $1,007.00 $1,007.00 $1,007.00 $1,007.00 $1,007.00 $1,007.00 $1,007.00 $1,023.00 $11,200.00 Staff Development (Travel, Meetings, Etc.) $22,000.00 $2,100.00 $2,100.00 $1,400.00 $3,000.00 $2,000.00 $600.00 $1,000.00 $2,100.00 $1,900.00 $900.00 $2,400.00 $2,500.00 $22,000.00 Telephone $7,000.00 $584.00 $580.00 $584.00 $584.00 $584.00 $584.00 $584.00 $584.00 $584.00 $584.00 $584.00 $580.00 $7,000.00 Office Operations (Office Supplies) $3,600.00 $350.00 $350.00 $350.00 $300.00 $250.00 $250.00 $250.00 $250.00 $250.00 $350.00 $300.00 $350.00 $3,600.00 Bank Service Charges $300.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $25.00 $300.00 Eq ui pment, Service and Utilities (Repair, New, Etc.) $23,050.00 $1,896.00 $1,896.00 $1,896.00 $1,896.00 $1,896.00 $1,996.00 $1,996.00 $1,996.00 $1,896.00 $1,896.00 $1,896.00 $1,894.00 $23,050.00 Membership, Dues and Subscriptions $9,000.00 $1,500.00 $0.00 $750.00 $750.00 $750.00 $1,500.00 $0.00 $750.00 $750.00 $1,500.00 $0.00 $750.00 $9,000.00 Postage $8,000.00 $1,200.00 $1,000.00 $1,000.00 $400.00 $400.00 $0.00 $0.00 $200.00 $200.00 $900.00 $1,000.00 $1,700.00 $8,000.00 Automobile $4,620.00 $385.00 $385.00 $385.00 $385.00 $385.00 $385.00 $385.00 $385.00 $385.00 $385.00 $385.00 $385.00 $4,620.00 Group Insurance: Active $23,000.00 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $1,916.67 $23,000.00 Group Insurance: Dependents $13,000.00 $1,416.67 $1,083.33 $1,083.33 $1,083.33 $1,083.33 $1,083.33 $1,083.33 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,083.33 $13,000.00 Building Maintenance $10,000.00 $835.00 $835.00 $835.00 $835.00 $835.00 $830.00 $835.00 $830.00 $835.00 $830.00 $835.00 $830.00 $10,000.00 Rent $30,900.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $2,575.00 $30,900.00 Utilities $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Renters Insurance / WC / Unemployment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Professional Fees (Includes Audit) $3,200.00 $0.00 $0.00 $0.00 $3,200.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,200.00 Cost of Goods Sold (Items Sold) $8,000.00 $600.00 $700.00 $1,000.00 $500.00 $500.00 $600.00 $2,000.00 $200.00 $200.00 $200.00 $700.00 $800.00 $8,000.00 Cost of Promotional Items (Giveaways) $17,500.00 $3,200.00 $2,000.00 $1,500.00 $2,000.00 $1,000.00 $900.00 $1,000.00 $600.00 $600.00 $1,500.00 $1,500.00 $1,700.00 $17,500.00 Miscellaneous Expense $9,600.00 $900.00 $800.00 $800.00 $600.00 $800.00 $800.00 $800.00 $800.00 $900.00 $800.00 $800.00 $800.00 $9,600.00 Contract Services (Chamber Management Fee) $70,000.00 $5,835.00 $5,835.00 $5,835.00 $5,835.00 $5,835.00 $5,835.00 $5,835.00 $5,835.00 $5,830.00 $5,830.00 $5,830.00 $5,830.00 $70,000.00 CVB Task Force (Board Expenses) $600.00 $0.00 $0.00 $40.00 $0.00 $40.00 $400.00 $0.00 $40.00 $0.00 $40.00 $0.00 $40.00 $600.00 Special Events Expense $5,600.00 $2,500.00 $1,600.00 $0.00 $0.00 $0.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5,600.00 Destination Development $6,000.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $500.00 $6,000.00 S.A.M.-Advertising and Marketing $177,934.00 $12,000.00 $15,000.00 $17,000.00 $14,000.00 $13,000.00 $9,550.00 $14,500.00 $12,884.00 $25,000.00 $15,000.00 $14,500.00 $15,500.00 $177,934.00 S.A.M. - Collateral Material/ Printing $14,709.00 $600.00 $0.00 $1,267.00 $4,000.00 $0.00 $2,000.00 $1,000.00 $800.00 $0.00 $3,000.00 $1,042.00 $1,000.00 $14,709.00 S.A.M. - Expos and Showcases $30,500.00 $5,025.00 $0.00 $3,500.00 $1,500.00 $5,500.00 $2,000.00 $3,500.00 $6,600.00 $0.00 $0.00 $1,400.00 $1,475.00 $30,500.00 S.A.M.- Event Incentives $32,000.00 $7,000.00 $1,000.00 $1,000.00 $2,000.00 $0.00 $1,000.00 $2,500.00 $0.00 $2,500.00 $10,000.00 $0.00 $5,000.00 $32,000.00 S.A.M.- Miscellaneous $21,617.00 $6,000.00 $3,000.00 $3,000.00 $1,200.00 $520.00 $500.00 $1,500.00 $1,500.00 $937.00 $1,460.00 $1,000.00 $1,000.00 $21,617.00 S.A.M. - Research $6,000.00 $0.00 $0.00 $2,000.00 $700.00 $700.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,000.00 $600.00 $6,000.00 S.A.M. - Graphic Design $13,500.00 $2,000.00 $2,000.00 $0.00 $0.00 $0.00 $3,000.00 $0.00 $0.00 $2,000.00 $2,500.00 $2,000.00 $0.00 $13,500.00 Reserve Funding for Purchase of Permanent Home $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Operating Budget Reserve $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Tourism Development Expenses $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL EXPENSES: $785,770.00 $78,887.34 $63,125.00 $67,296.00 $679739.00 $59,049.00 $58,284.00 $61,739.00 $60,324.67 $68,736.67 $719644.67 $62,141.67 $66,803.00 $785,770.00 YTD EXPENSES... $78,887.34 $142,012.34 $209,308.34 $277,047.34 $336,096.34 $394,380.34 $456,119.34 $516,444.00 $585,180.67 $656,825.34 $718,967.00 $785,770.00 Cape Girardeau Convention and Visitors Bureau STRATEGIC PLAN FISCAL YEARS 2017- 2020 MISSION The mission of the Cape Girardeau Convention and Visitors Bureau is to promote the city of Cape Girardeau for the purpose of economic development through increased business and recreational tourism. The mission will be accomplished using the following methods: • Marketing: Market Cape Girardeau in a professional and positive manner through advertising, public relations, and direct sales to targeted groups including leisure travelers, travel writers, meeting planners, group travel leaders, sporting event organizers, business travelers, etc. • Partnerships: Partner with public and private entities to enhance existing destination venues and events and develop new destination venues and events. • Service: Provide a quality Visitors Information Center focused on customer service; providing needed and requested information and travel related collateral material to elevate and enhance a visitor's overall experience while in our community. • Focus: Constantly seek to achieve the most effective use of our resources to increase visitor awareness of Cape Girardeau as a tourism community, to invite and draw more visitors to our community (both individual and group), and to increase the length of stay and the amount of money those visitors spend while here. VISION The Cape Girardeau Convention and Visitors Bureau is an organization comprised of talented and dedicated professionals who fulfill the Bureau's Mission Statement by setting high performance standards, expectations and goals. The Bureau works with its community to create and maintain productive public and private partnerships while serving as a reliable and credible source for the tourism industry. If the Cape Girardeau Convention and Visitors Bureau are to excel and fulfill its mission, we must all share a common set of basic values that can be our guideposts for decision making and the standards against which we judge all of our actions. Our organization's core values include: • Honesty and integrity in all that we do. • Teamwork and unity reflected in each member of our staff, volunteers, committees, and Advisory Council, as we work to achieve our marketing plan. • A commitment to organizational, professional and personal standards of excellence. • Services that reflect quality, creativity and innovation. CATEGORY • Building GOALS • New computers. TIMEFRAME FY19 • Sales • Elevate quality of appearance FY18 of our trade show exhibit space (New table skirts, pull up banners, promotional items and giveaways, iPad playing community video, etc). • Maintain relevant mix of print FYI 8 and forward and digital sales collateral (Sports Facilities Guide, Meeting Planners Guide, Itinerary Planner, etc.). • New Sales Tracking Software FY18 (Cloud based access, digital rfps, enhanced economic impact projections, etc). • Revisions of Existing Sales Annually Collateral. • Review participation in Trade Annually Shows, Expos, Showcases (Ada Delete, Modify as warranted). • Continuing Tourism and Sales Annually Education. • Conduct Special Semi -Annual Annually Campaigns Geared to a Particular Market Segment. • Development social media Annually presence for sales • Develop some additional new FY18 and customized tours (Antiquing, Foodies, etc.) • Photos of groups in town FY18 and forward highlighting various venues • Work with hoteliers to ensure FYI 8 and forward accurate reporting of direct and indirect booked business. • Advertising • Review advertising focus Annually • Enhance social media Annually advertising (Facebook) • Develop annual marketing and Annually advertising campaigns Annually CATEGORY GOALS • Look for new creative opportunities • Develop annual marketing and advertising campaign. • Continue to refine Search Engine Marketing. • Marketing Research TIMEFRAME Annually Annually Annually FY19 • Public • Develop new website. FY18 Relations/ • Organize website in a way that FYI and forward Promotion better complements annual advertising campaigns. • Enhance Visitors Guide on FY19 website. • Continue to refine Search FY19 and forward Engine Optimization. • Stay on the cutting edge of FY19 and forward Social Media opportunities (Pinterest, contests for Facebook, Twitter, etc). • Enhance digital photo library FYI 9 and forward (Flickr Pro, Instagram, etc). • Review Visitors Guide. FY19 • Utilize storytelling in Visitors FY19 and forward Guide and Online (More inside information. off the beaten track locations and stories, i. e., not all graves at Lorimier are inside the fence, architectural places of note, photographer's guide, etc). • Review Community Video FY19 (Consider Steve Turner and Rust Media). • Review brochure distribution Annually opportunities (CTM, etc.; Do some Annually spot checking of racks for consistency). • New and fresh (Culinary Tourism). FY19 • Review a pay for submission FY19 program for guest bloggers • Gift Shop • Focus on specific items for FY2018 and forward future retail sale (Postcards, puzzle in a bottle, Deck of cards, Paddlewheel magnet, Books by local authors, Rush fan &magnet, Quill pens, etc). • Focus on these specific items FY2018 and forward for future promotional (T-shirts, shot glasses, lapel pins, cardsetc). CATEGORY GOALS TIMEFRAME • Collateral • Continued transition of FYI and forward Material collateral from print to digital. • Redesign Downtown Walking FY19 Tour (Work with Historic Preservation Commission on this piece). • Update 3-D Tear Sheet Map. FY18 • Develop more interactive FY19 activities such as needed. • Miscellaneous • Look for Collaboration Annually Opportunities (Tie into Murielle Gaither's efforts to create information regarding public murals.). • Involvement with industry Annually organizations (Missouri Travel Council, Missouri Association of Convention and Visitors Bureaus, Division of Tourism, etc). • Look for event opportunities Annually that can be brought to Cape Girardeau • Conduct research (Primary and secondary). Annually • Review Riverboats FY19 • Renewal of new contract FY22 between city and Chamber Staff: Agenda: 2/4/2019 SUBJECT Advisory Board Minutes ■ Parks and Recreation Foundation Committee Minutes, October 11, 2018 ■ Red House Interpretive Center Minutes, December 6, 2018 ATTACHMENTS: Red House - Draft Dec 6 2018 Minutes -2.0 Description: Red House Interpretive Center Minutes Foundation Minutes 10.11.18 (2).pdf Parks and Recreation Foundation Minutes IV (DRAFT) RED HOUSE INTREPRETIVE CENTER December 6, 2018 The Red House Interpretive Center Board met at the Osage Centre at 3:30 p.m. on December 6, 2018. Present: Dana Deisher, Board Member Deb Baughn, Board Member Beverly Hahs, Rose Hill Garden Don Koehler, Board Member Marcia Stone, Recording Secretary Stan Downs, Board Member Stan Baughn, Board Member Board Absenteeism: Guest: Brenda Schloss, Chairman (PN) Linda Nash, Board Member (PN) Christy Mershon, Board Member (PN) Dr. Frank Nickell, Board Member (NN) INTRODUCTIONS: I. APPROVAL OF MINUTES: October 4, 2018 and November 1, 2018 Minutes October 4, 2018 minutes and November 1 minutes were approved with a motion from Stan Baughn and seconded by Don Koehler. Motion passed. II. NEW BUSINESS: 1. 2019 Winter/Spring Play Cape Red House Events — All Don Koehler suggest that we list the following in the 2019 Winter/Spring PlayCape: Red House Interpretive Center Opening Day will be May 4th from 10 a.m. to 4 p.m. Check back in the PlayCape Summer issue for more details on the 2019 Friday night talks from the porch and Heritage Days. 2. Election Treasurer/Secretary Dana Deisher requested nominations from the floor for the 2019 Officers. Stan Baughn made a motion, seconded by Deb Baughn to retain the present slate of officers. Motion passed. Brenda Schloss will be the Chairperson and Dana Deisher, Treasurer/Secretary for 2019. 3. Facebook Request Facebook user, Pamela Green stated that an ancestor of hers Marie Berthianume had lived in the original Red House. She wanted to know if we had any photos or sketches of her or Louis Lorimier. The board members present did not have any information on Ms. Berthianume and suggested that Marcia Stone forward the email request to Board Member Dr. Frank Nickell that was not in attendance to see if he could help her. III. OLD BUSINESS 1. French Christmas —All Deb Baughn reported that the French Christmas first day went fairly well. They had to get some last minute volunteers to fill in as some of the cast and advertising could have been better. Don Koehler volunteered to be a guest on Fawn Raggin's Talk Show to give the public information on the event. Deb suggested taking the whole month of November to decorate and designate the month of December for tours. 2. Historic Home Tour/Fundraiser Proposal —All The members will continue planning the Historic Home Tour. REPORTS 1. December Staff Briefs The December Staff Briefs were distributed to the members' review. 2. Docent Report Deb Baughn reported that Ann Hutson stated that she had worked every Saturday at the Red House. Don Koehler reported that he is currently training a new docent. RED HOUSE INTERPRETIVE CENTER MINUTES DECEMBER 6, 2018 PAGE 2 3. Rose Hill Garden Report Beverly Hahs stated that the Garden Club does not meet in the winter months and she had nothing to report at this time. V. OTHER BUSINESS Chairperson Dana Deisher reminded the members that they are invited to the Parks & Recreation Department Christmas luncheon on December 18th at the Shawnee Park Center. VI. ADJOURNMENT There being no further discussion the meeting adjourned at 4:10 pm. The next meeting will be held on Thursday, January 3, 2019. Respectfully submitted, Marcia Stone, Recording Secretary CITY ��,�� CAPE GIRARDEAU PARKS $E RECREATION DEPARTMENT FOUNDATION MEMBERS: Bari Neff, President Mark Lanzotti, Vice President Kevin Noel, Secretary Danny Essner, Treasurer Julia Jones, Foundation Director Bob Basler Percy Huston Pete Poe Tyler Cuba Stacy Kinder Michael Gardner Nathan McGuire Aaron Panton PARKS & RECREATION FOUNDATION MINUTES Thursday October 11, 2018 Osage Centre 12:00 PM Noon Absent: 1. Call to Order President Bari Neff called the meeting to order. 2. Welcome & Introductions President Bari Neff welcomed everyone. 3. Approval of Minutes Secretary, Kevin Noel asked for the approval of minutes from the July 11, 2018 meeting. Pete Poe made a motion, seconded by Mark Lanzotti. All approved. 4. Treasurer's Report A. Review of Account Balances — Scott Williams / Stacey Welter i. Recreation Division Manager Scott Williams and Stacey Welter gave an overview of the account balances for the 2017-2018 fiscal year. The board reviewed it and asked any questions they had. The finance committee had made a motion to approve the account balances at their previous meeting. 5. Old Business A. Spaghetti Day 2018 — Penny Williams i. Division Manager Penny Williams informed the board that the goal this year was to raise $30,500.00. The board members need to submit their sponsors into Stacey by November 15Y. Then they discussed ideas for raffle prizes. Mark Lanzotti will get a bike from Cycle Werx, and other board members are looking at other prizes. If board members are able to volunteer please contact Stacey. B. Skate Park Update — Brock Davis i. Division Manager Brock Davis reported that American Ramp Company was ahead of schedule. He said that the constructors of the ramps are ex -skaters are and very particular in their work. Everything is looking great. 6. New Business A. 2018-2019 Operation Budget Revisions — Scott Williams i. The board recommended revising the revenue budget to reflect $5000.00 income for the skate park from Cape Noon Optimist Club, and they also recommended bugdeting $2000.00 in revenue for the loyalty card program. Mark Lanzotti made a motion to approve the amendments, seconded by Nathan McGuire. Director Jones also mentioned that they had received a $10,000 grant from Keep America Beautiful to use for trail heads and to partner with the rotary club to plant 100 trees Election of Officials i. After little discussion it was recommended to keep the current standing officials as is. Bari Neff — President, Mark Lanzotti —Vice President, Danny Essner — Treasurer, Kevin Noel — Secretary. Pete Poe made a motion to elect these officials, seconded by Nathan McGuire. Motion approved. C. Celebration of Youth Sports Awards Banquet 2019 Division Manager Scott Williams reported that the event would be held January 25t". The Chamber Event is not on the same date. He will be talking to the committee about the special awards in the near future. Work on the individual nominees has begun. Jr. NBA and Youth Volleyball will be new league additions to the event. Mr. Williams will ask the board to vote for the community impact award and life time achievement award via email. D. Calendar of Events 2019 i. Mrs. Penny Williams stated that the upcoming events included Spaghetti Day, Breakfast with Santa, Cardinals Caravan and the Sports Banquet. Any volunteers to help with this event would be greatly appreciated. Membership Campaign 2018-2019 — Reviewed under reports. Reports A. Finance Sub -Committee i. Division Manager Scott Williams reported on the year ending budget results. Expense was $4000 under budget. He explained that 33% of our revenue was from special events, 32% is from other programs, 24% sign program, and 11% misc. He believes this is a good and safe way to manage the foundation funds. Sponsorship Sub -Committee i. Danny Essner reported that the committee had recently met and they are fine tuning the process. Currently Parks and Recreation is bringing in around $200,000 + in sponsorships for the foundation and the department combined. They would like to see the corporate sponsorships grow. Currently they have five and they are looking for five more. They are reviewing the benefits given as a corporate sponsor. He stated that they are also reviewing the sign sponsorship packages and would like the committee to bring back suggestions of companies they could ask to become a sponsor. C. Membership Sub -committee i. Division Manager Scott Williams would like to see the revenue of the membership program to reach $10,000 in 2019. He's looking to add eight new corporate sponsors, and ten new families. Jordan Eastridge designed a new brochure. Recruitment will begin in January. D. Special Events & Programs Sub -Committee i. Division Manager Penny Williams reported that the committee had recently met and talked about 2018 events. They talked about moving the Night Fall Glow Ball tournament to September and alternating the event with disc golf. They discussed getting one large sponsor for the Senior 2 Man Scramble tournament, and increasing the fee to $100. For Breakfast with Santa this year they are looking for more food sponsors. They are looking for a big prize give-away for the Sports Banquet to help keep the crowd there until the end. 8. Other Business A. Parks & Recreation Projects / Reports i. PRS 2/Parks & Recreation and Trails Master Plan 1. Director Jones reported that they had the Aquatic Facility consultant kick off meeting yesterday. They are currently working through the location and budget. Council approved the bonding needed to get the work done at the Capaha Ballfield sooner. Penzel was awarded the bid. The PRS2 Arena ditch project, Good Hope drainage, and Capaha Lagoon were also bonded and will start soon. Director Jones and her staff will be looking for around 25 acres for the new youth ballfield complex. B. Next Meeting—January 24, 2019 @ 12:00pm 9. Adjournment There being no further business, the meeting was adjourned with a motion from Pete Poe and seconded by Mark Lanzotti. Motion passed. Respectfully submitted, Stacey Welter, Administrative Coordinator CAPE GIRARDEAU lil PARKS &z RECREATION ► FOUNDATION