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HomeMy WebLinkAboutCouncil.Agenda Packet.12-02-2024Stacy Kinder, Mayor Dan Presson, Ward 1 Tameka Randle, Ward 2 Nate Thomas, Ward 3 David J. Cantrell, Ward 4 Ryan Essex, Ward 5 Mark Bliss, Ward 6 December 2, 2024 5:00 PM City Council Chambers City Hall 44 N. Lorimier St Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncfl • City residents desiring to speak about items NOT on the agenda must register no later than 8:00 am, on Monday, December 2, 2024, by using the form found at cityofcape.org/council, by emailing cityclerk@cityofcape.org, or by calling 573-339-6320. Invocation Reverend Linda Gastreich of Grace United Methodist Church in Cape Girardeau Pledge of Allegiance Study Session Presentations Communications/Reports Items for Discussion • Appearances by Advisory Board Applicants • Transportation Trust Fund 7 Presentation - Jeff Maurer • Consent Agenda Review Regular Session Call to Order/Roll Call Adoption of the Agenda Public Hearings Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to members of the audience. All matters listed within the Consent Agenda have been distributed to each mem of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enac by one motion of the council with no separate discussion. Staff recommends approval of the Cons Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed the Regular Agenda by request of a member of the City Council. 1. Approval of the November 18, 2024, City Council Regular Session Minutes. 2. BILL NO. 24-123, an Ordinance amending Schedule C of Section 26-132 of the City Code, by establishing stop signs at various intersections, in the City of Cape Girardeau, Missouri. Second and Third Readings. 3. BILL NO. 24-124, an Ordinance amending Schedule K of Section 26-132 of the City Code, by establishing yield signs at various intersections in the City of Cape Girardeau, Missouri. Second and Third Readings. 4. BILL NO. 24-125, an Ordinance accepting a Permanent Water Line Easement from the County of Cape Girardeau for property located at 3555 Veterans Memorial Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. 5. BILL NO. 24-126, an Ordinance vacating the City's interest in a Sanitary Sewer Easement on property located at 1619 Whitener Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. 6. BILL NO. 24-127, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Height and Area Exceptions and Modifications. Second and Third Readings. 7. BILL NO. 24-128, an Ordinance approving the record plat of Athena Properties Subdivision. Second and Third Readings. 8. BILL NO. 24-129, an Ordinance approving the record plat of McMillan's First Subdivision. Second and Third Readings. 9. BILL NO. 24-130, an Ordinance appropriating monies from the General Fund for expenditures for the Police Department for fiscal year ending June 30, 2025. Second and Third Readings. 10. BILL NO. 24-131, a Resolution authorizing the City Manager to execute an Agreement with Proshot Concrete, Inc., for the Merriwether Storm Tunnel Rehabilitation. Reading and Passage. 11. BILL NO. 24-132, a Resolution authorizing the City Manager to Execute an Agreement with Fronabarger Concreters, Inc., for the South Sprigg Street Improvements - Southern Expressway to Shawnee Parkway. Reading and Passage. Items Removed from Consent Agenda New Ordinances Mayor will ask for appearances after each Ordinance is read Individuals who wish to make comments regarding the item must be recognized be the Mayor/Mayor Pro Tempore. Each speaker is allowed 3 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. 12. BILL NO. 24-133, an Ordinance approving the record plat of Midamerica Crossings Fourth Subdivision. First Reading. DEV - Ryan Shrimplin 13. BILL NO. 24-134, an Ordinance authorizing the City Manager to execute a Cooperation Agreement with the Cape Girardeau Public Library regarding Insurance for Library employees and authorizing certain actions by City Officials. First Reading. CMO -Trevor Pulley Appointments Other Business 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 is action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tempore. Each speaker is allowed 3 minutes. Please face and speak directly to the City Council as a whole. The Mayor and Council Members will not engage or answer questions during the speaker's time at the podium. The timer will sound at the end of the speaker's time. 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. Future Appointments and Memos • Appointments to the Semo Redi Board of Directors Staff: Agenda: 12/2/2024 ATTACHMENTS: Name: Descdption: D TTF-7 Committee Recommended Project_ List_ for Coun&pdf TTF-7 Committee Recommended Project List CITY O CAPE G I R A R D E AU TRANSPORTATION TRUST FUND TTF-7 Committee Recommended Project List General Maintenance Projects Project Type Asphalt Maintenance and Overlay Concrete Repair (Streets, Curbs, Gutters) Streetscape and Sidewalk - New Connectivity and Repair Specific Projects $600,000 $3,000,000 $1,450,000 $7,250,000 $250,000 $1,250,000 General Maintenance Projects Subtotal Prosect Name Prosect Type Mount Auburn Road from Hopper Road to Independence Street Reconstruction & (New Pavement, New Curb and Gutter, Sidewalk Repair) Rehabilitation Perryville Road from Cape Rock Drive to Perry Avenue Reconstruction & (Pavement Repair, Addition of New Sidewalk on East Side) Rehabilitation Sprigg Street from William Street to Route 74 Reconstruction & (New Pavement, New Curb and Gutter, Sidewalk Repair) Rehabilitation Alternate Specific Projects Prosect Name Mount Auburn Road from Kingshighway to Hopper Road (New Pavement, New Curb and Gutter, Sidewalk Repair) Specific Projects Subtotal Safety Improvements/Contingency TOTAL Prosect Type Reconstruction & Rehabilitation William Street from Sheridan Drive to West End Boulevard Reconstruction & (Pavement and Sidewalk Repair, Addition of Pedestrian Crossing Rehabilitation; Signals to Traffic Signals at Sheridan Drive and West End Boulevard Streetscape Intersections) Enhancements $11,500,000 E: -+;,....-,+-.4 C'-,-+ $5,500,000 $3,500,000 $4,500,000 $13,500,000 $2,000,000 $27,000,000 Estimated Cost $3,500,000 $4,000,000 Staff: Agenda: 12/2/2024 SUBJECT Approval of the November 18, 2024, City Council Regular Session Minutes. ATTACHMENTS: Name: Description: D DRAFT Council.ReeularSession Minutes. ll-18-2024.pdf 2024.11.18 Draft Council Meeting Minutes Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 18, 2024 MM -105 STUDY SESSION — November 18, 2024 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, November 18, 2024, starting at 5:00 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, David J. Cantrell, Ryan Essex, Dan Presson, Tameka Randle and Nate Thomas present. REGULAR SESSION —November 18, 2024 The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, November 18, 2024, starting at 5:09 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, David J. Cantrell, Ryan Essex, Dan Presson, Tameka Randle and Nate Thomas present. ADOPTION OF THE AGENDA A Motion was made by Dan Presson, Seconded by Tameka Randle, to approve and adopt the agenda. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. PUBLIC HEARINGS A public hearing to consider a proposed amendment to Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Height and Area Exceptions and Modifications. Mayor Stacy Kinder opened the public hearing. There being no appearances, the public hearing was closed. A public hearing to consider a request to vacate the City's interest of a Sanitary Sewer Easement at 1619 Whitener Street. Mayor Stacy Kinder opened the public hearing. There being no appearances, the public hearing was closed. CONSENT AGENDA Approval of the November 4, 2024, city council regular session minutes and the November 12, 2024 special session minutes. BILL NO. 24-113, 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 18, 2024 MM -106 the City and County of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 24-114, an Ordinance approving the record plat of Kneezle Shed Subdivision. Second and Third Readings. BILL NO. 24-115, an Ordinance approving the record plat of Lutheran Home Southwest Subdivision. Second and Third Readings. BILL NO. 24-116, an Ordinance annexing land located at 3082 County Road 620 into the city limits of the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 24-117, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by zoning newly annexed property located at 3082 County Road 620 as M-1, Light Manufacturing/Industrial District. Second and Third Readings. BILL NO. 24-118, an Ordinance extending the boundaries of Ward 4 to include property newly annexed into the city limits of the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 24-119, an Ordinance annexing land located at 3268 Perryville Road into the city limits of the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 24-120, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by zoning newly annexed property located at 3268 Perryville Road as R-1, Single -Family Suburban Residential District. Second and Third Readings. BILL NO. 24-121, an Ordinance extending the boundaries of Ward 4 to include property newly annexed into the city limits of the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 24-122, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Lone Star Industries Inc. to place certain improvements along South Sprigg Street in the City of Cape Girardeau, Missouri. Reading and Passage. A Motion was made by Mark Bliss, Seconded by Dan Presson, to approve and adopt. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. BILL NO. 24-113 will be Ordinance NO. 5790; BILL NO. 24-114 will be Ordinance NO. 5791; BILL NO. 24-115 will be Ordinance NO. 5792; BILL NO. 24-116 will be Ordinance NO. 5793; BILL NO. 24-117 will be Ordinance NO. 5794; BILL NO. 24-118 will be Ordinance NO. 5795; BILL NO. 24-119 will be Ordinance NO. 5796; BILL NO. 24-120 will be Ordinance NO. 5797; BILL NO. 24-121 will be Ordinance NO. 5798; and BILL NO. 24-122 will be Resolution NO. 3633. NEW ORDINANCES BILL NO. 24-123, an Ordinance amending Schedule C of Section 26-132 of the City Code, by establishing stop signs at various intersections, in the City of Cape Girardeau, Missouri. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Ryan Essex, Seconded by Mark Bliss, to approve. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 18, 2024 MM -107 Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. BILL NO. 24-124, an Ordinance amending Schedule K of Section 26-132 of the City Code, by establishing yield signs at various intersections in the City of Cape Girardeau, Missouri. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Dan Presson, Seconded by Mark Bliss, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. BILL NO. 24-125, an Ordinance accepting a Permanent Water Line Easement from the County of Cape Girardeau for property located at 3555 Veterans Memorial Drive, in the City of Cape Girardeau, Missouri. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Mark Bliss, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. BILL NO. 24-126, an Ordinance vacating the City's interest in a Sanitary Sewer Easement on property located at 1619 Whitener Street, in the City of Cape Girardeau, Missouri. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Dan Presson, Seconded by Nate Thomas, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. BILL NO. 24-127, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Height and Area Exceptions and Modifications. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Nate Thomas, Seconded by Mark Bliss, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. BILL NO. 24-128, an Ordinance approving the record plat of Athena Properties Subdivision. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Dan Presson, Seconded by Mark Bliss, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. BILL NO. 24-129, an Ordinance approving the record plat of McMillan's First Subdivision. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Mark Bliss, Seconded by Ryan Essex, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. BILL NO. 24-130, an Ordinance appropriating monies from the General Fund for expenditures for the Police Department for fiscal year ending June 30, 2025. First Reading. Mayor Kinder called for public appearances regarding this Bill. Jennette Wilfong, 520 Broadway, spoke in support of the ordinance and commented on prioritizing funding for public safety. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 18, 2024 MM -108 A Motion was made by Dan Presson, Seconded by Nate Thomas, to approve. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. APPOINTMENTS Appointments to the Parks and Recreation Advisory Board A Motion was made by Dan Presson, Seconded by Mark Bliss, to appoint Mark Moore, Lewis Jackson Hill (Tree Board Liaison), Darrin Bruenderman, and Philip Moore to the Parks and Recreation Advisory Board for terms expiring October 29, 2027. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. Appointments to the Liquor License Review Board A Motion was made by Dan Presson, Seconded by Mark Bliss, to appoint James Newman to the Liquor License Review Board for terms expiring December 1, 2027. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. Appointments to the Bloomfield Crossing Community Improvement District Board of Directors A Motion was made by Dan Presson, Seconded by Mark Bliss, to appoint Jason Coalter and Brenda Kluesner to the Bloomfield Crossing Community Improvement District Board of Directors for terms expiring December 1, 2027. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. Appointment to the River Campus Board of Managers A Motion was made by Dan Presson, Seconded by Mark Bliss, to appoint Dr. Kenneth Haskin to the River Campus Board of Managers for terms expiring December 1, 2027. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. Appointment to the Show Me Center Board of Managers A Motion was made by Nate Thomas, Seconded by Mark Bliss, to appoint Arlo Ehly to the Show Me Center Board of Managers for terms expiring December 1, 2027. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. MEETING ADJOURNMENT A Motion was made to adjourn by Dan Presson, Seconded by Tameka Randle. Motion passed. 7-0. Ayes: Bliss, Cantrell, Essex, Kinder, Randle, Presson, Thomas. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 18, 2024 MM -109 The regular session ended at 5:36 pm. Stacy Kinder, Mayor Traci Weissmueller, Deputy City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 18, 2024 MM -110 THIS PAGE INTENTIONALLY LEFT BLANK. Staff: Jake Garrard, PE, City Engineer Agenda: 12/2/2024 SUBJECT An Ordinance to establish stop signs at the following locations: • Baldwin Farms Drive at LaSalle Avenue, facing south. • Summerfield Way at Baldwin Farms Drive, facing east. • Brahma Drive at Summerfield Way, facing north. • Brahma Drive at Summerfield Way, facing south. • Bellevue Street at Main Street, facing east. • Timber Creek Drive at Sloan Creek Lane, facing east. • Birchwood Court at Timber Creek Drive, facing north. by amending Traffic Schedule C of the City Code. BACKGROUND/DISCUSSION The above listed locations needing Traffic Schedule C amendment are within new subdivisions and developments in the City of Cape Girardeau, Missouri. These stop signs delineates traffic right-of-way. The attached ordinance establishes stop signs at the above mentioned locations. FINANCIAL EMPACT The signage was installed as part of the private developments and has no direct cost to the City. STAFF RECOMMENDATION Staff recommends the City Council amend Schedule C of the Traffic Ordinance as stated in the summary attachment. ATTACHMENTS: Name: Description: 0 24123 Sch C Est Stop _Si ng s.doc Ordinance 0 Baldwin Fanrn_Sub Stop_ Signs_EXHn3rr.pdf Location Map - Baldwin Fames 0 Bellevue at N Main St Stop Signs Fxhibit.pdf Location Map - Bellevue Street D Timber Creek at Sloan Creek Facing East EX [Brr.pdf Location Map - Timber Creak D Birchwood Ct at Timber Creek Facing North _EX U31T.pdf Location Map - Birchwood Ct BILL NO. 24-123 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-132 OF THE CITY CODE, BY ESTABLISHING STOP SIGNS AT VARIOUS INTERSECTIONS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule C of Section 26-132 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing stop signs at the following locations: • Baldwin Farms Drive at LaSalle Avenue, facing south. • Summerfield Way at Baldwin Farms Drive, facing east. • Brahma Drive at Summerfield Way, facing north. • Brahma Drive at Summerfield Way, facing south. • Bellevue Street at Main Street, facing east. • Timber Creek Drive at Sloan Creek Lane, facing east. • Birchwood Court at Timber Creek Drive, facing north. ARTICLE 2. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk 2024. '-^CITYOf CAPE Stop Signs: G I R A R U E A U Oi 4S i a� m� I Hereford Dr is Stop Sign Parcel Baldwin Farms Subdivision LaSalle Ave LEGEND FM M E m — Winterfield Cir I Summerfield V — t I - Y— 0 100 200 Feet 1:2,146 I I I 1 I Date: 10/15/2024 arr 4,'C.Arr MEARDMILI Created b Deveb men[Sences Laye. Prov ded by d, e City of Cape Y P Girarde.areto .aedfo, viwal ad only Teresa Hedner,Allianee Water Resources aad are ao t gavetmd tobe ammte. Data Sourea(s): 9hesez area at to beuaedfor aay Cdy of Cape Girardeau Government, MO mgi eed.g ordeagapa pose. CITYOf CAPE Stop Sign: ..g, L I R A R" E A U Bellevue Street at N Main St I CO z -Bellevue gt— I LEGEND 4p Stop Sign N W E Parcel .S. 0 50 100 Feet 1:1,000 I I I I I I I Date: 10/15/2024 r.lry y,'r.Aor MEANOCYI Created b Deveb men[Sences Uyena Prov ded by d, e City of Cape Y P Girarde. aretobeusedfor viwal ad only Teresa Hedner,Allianee Water Resources and are notgaretwd robe awamte. Data Source(.): 9hesez arenot to beuaedf., any Cdy of Cape Girardeau Government, MO wgi..d.g ordsignporpow. ;e CITYOfCAPE / G I R A R 13 E A u Stop Timber at Sloan Sign Creek Dr Creek Ln Cn CM CIA0 \ � O Timber Creek Dr Stop Sign LEGEND 0 50 100 Feet 1:850 N t t t t t t Parcel W E Date: 11/12/2024 Carr y;7rarr r icaanrau Created by: Development Teye�spmgtdedb dbb,6, City�ecae y0 pm Cnmrdemaret,bensedfor laid ny Teresa Heifner,All fence Water Resources and are not gaurantedb be a:curate S Data Source(s): Tbeselayesare nottobe dforany Cdy of Cape Girardeau Government, MO mgm—ing—dg. purpose. CITYOf CAPE Stop Sign n U_1 R A R � E A U Birchwood Ct at Timber Creek Dr 0 0 3 s U m Ak ------------------------- Timber Creek Dr LEGEND Stop Sign N 0 ' ' ' 0 ' I 1100 Feet 1:850 W -- C Date: 11/12/2024 carr kj;'rsac rtcenncmt Creskd b : Terees ent Servicnn ld ,, gderdbs d CV, Cape Parcel Y opm Garda mbe Wfor alaidon Teresa ie eWater Resour oes mid ar of gau eedobe ac nate S Data So,r O): 'Iheselayesa nottobe dforany C@yof Cape Girardeau Government, MO eigmenngo r des gn puepo se Staff: Jake Garrard, PE, City Engineer Agenda: 12/2/2024 SUBJECT An Ordinance to establish yield signs at the following locations: • Kingshighway at Maria Louise Lane, facing north. • Kingshighway at Cape Rock Drive, facing south. • Cape Rock Drive at Kingshighway, facing east. by amending Traffic Schedule K of the City Code. BACKGROUND/DISCUSSION The above listed locations needing Traffic Schedule K amendment are turning lanes within the newly redesigned Kingshighway/Maria Louise Lane/Cape Rock Drive intersection in the City of Cape Girardeau, Missouri. These yield signs delineates traffic right-of-way. The attached ordinance establishes yield signs at the above mentioned locations. FINANCIAL EMPACT The signage was installed as part of a recent street improvement project and has no direct cost to the City. STAFF RECOMMENDATION Staff recommends the City Council amend Schedule K of the Traffic Ordinance as stated in the summary attachment. ATTACHMENTS: Name: Description: 13 24124 Sch K Est Yield Si ng s.doc Ordinance 0 N Kin s�highway_at_N Cape_Rock Dr Yield Signs x 3•12df Location Map - Kingshighway Intersection BILL NO. 24-124 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-132 OF THE CITY CODE, BY ESTABLISHING YIELD SIGNS AT various INTERSECTIONS IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule K of Section 26-132 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing yield signs at the following locations: • Kingshighway at Maria Louise Lane, facing north. • Kingshighway at Cape Rock Drive, facing south. • Cape Rock Drive at Kingshighway, facing east. ARTICLE 2. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk 2024. CITYOf CAPE G 1 R A R d E A u Yield Signs: N Ki ngsh ig hway & N Cape Rock Dr �SO'� Kiw ar LEGEND Q Yield Sign N W E Parcel S 0 70 140 Feet I f f I I 1:1,500 Date: 10/15/2024 r.iry is;'rnPr r 1KARnrmi foyers arov ided by th e Cityof Cape evel. Greeted by. Dpm nt S— Girerdeai iem be. ed Por—.el ®d only T.,.- H. Wn.r, A l li ane. We ter R.s.un:ee wdae rtgaura ted to be DSo a� ate n:e (s )'. Thesel v 'e t obe us ed foi e Cdy.f Cepe Gir.rd... Government, MO b,gb en�g-de.igop"'— Staff: Jake Garrard, PE, City Engineer Agenda: 12/2/2024 SUBJECT An Ordinance accepting a Permanent Water Line Easement from Cape Girardeau County for new water infrastructure at their new Emergency Operations Center at 3555 Veterans Memorial Drive, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY An Ordinance accepting a Permanent Water Line Easement from Cape Girardeau County for new water infrastructure at their new Emergency Operations Center at 3555 Veterans Memorial Drive. BACKGROUND/DISCUSSION Cape Girardeau County has built a new Emergency Operations Center at 3555 Veterans Memorial Drive. New water line infrastructure and fire hydrants were installed up into the property, closer to the building. That water infrastructure needs to have easement over it for it to be accessible to City of Cape Girardeau staff to make repairs and perform maintenance on the line. FINANCIAL IMPACT None. The easement was donated. The property owner will pay for the cost of recording the new easement via engineering fees. SUSTAINABIUTY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to enable the City, its agents, servants and assigns, to use said property to excavate, build, maintain, construct, operate, and repair Utility Infrastructure in, on, upon, under or across said property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. STAFF RECOMMENDATION Staff recommends approval of the attached Ordinance accepting the Water Line Easement from Cape Girardeau County for the new Emergency Operations Center at 3555 Veterans Memorial Drive. ATTACHMENTS: Name: Description: D 24125 PWE Cape_County 3555 Veterans Mernorial.doc Ordinance D EXEC'UT'ED Water Lane ESMT for County EOC.pdf Easement Agreement D GOOD Easement FFadubit for EmergencLOperations Center 08.27.2024.pdf Exhibit D GOOD Esmt_Legal Description 08.27.2024.docx Legal Description BILL NO. 24-125 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT WATER LINE EASEMENT FROM THE COUNTY OF CAPE GIRARDEAU FOR PROPERTY LOCATED AT 3555 VETERANS MEMORIAL DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a Permanent Water Line Easement from the County Of Cape Girardeau, for property located at 3555 Veterans Memorial Drive, in the City of Cape Girardeau, Missouri, described as follows: PART OF LOT 2 OF EOC SUBDIVISION, AS RECORDED IN DOCUMENT #2023-04242 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF VETERANS MEMORIAL DRIVE, THENCE WITH SAID RIGHT-OF-WAY LINE, SOUTH 20040'49" EAST, 59.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 20040'49" EAST, 15.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 69004'40" WEST, 87.08 FEET; THENCE SOUTH 18046'03" EAST, 24.80 FEET; THENCE SOUTH 68047'11" WEST, 34.93 FEET; THENCE NORTH 21012'49" WEST, 15.00 FEET; THENCE NORTH 68047'11" EAST, 20.56 FEET; THENCE NORTH 18046'03" WEST, 24.88 FEET; THENCE NORTH 69004'40" EAST, 101.59 FEET TO THE POINT OF BEGINNING, AND CONTAINING 2,204 SQUARE FEET, MORE OR LESS. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2024. ATTEST: Traci Weissmueller, Deputy City Cl PERMANENT WATER LINE EASEMENT 3555 Veterans Memorial Drive KNOW ALL MEN BY THESE PRESENTS: THE COUNTY OF CAPE GIRARDEAU, a Political Subdivision of the State of Missouri, hereinafter referred to as "GRANTOR", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, herein referred to as GRANTEE: WITNESSETH, that Grantors, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby acknowledged, do by these presents, remise and convey unto Grantee the following WATER LINE EASEMENT on the property described as follows: PART OF LOT 2 OF EOC SUBDIVISION, AS RECORDED IN DOCUMENT #2023-04242 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 2, ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OF VETERANS MEMORIAL DRIVE, THENCE WITH SAID RIGHT-OF-WAY LINE, SOUTH 20°40'49" EAST, 59.14 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 20°4049" EAST, 15.00 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 69°04'40" WEST, 87.08 FEET; THENCE SOUTH 18°46'03" EAST, 24.80 FEET; THENCE SOUTH 68°47'11" WEST, 34.93 FEET; THENCE NORTH 21°12'49" WEST, 15.00 FEET; THENCE NORTH 68°47'11" EAST, 20.56 FEET; THENCE NORTH 18°46'03" WEST, 24.88 FEET; THENCE NORTH 69004'40" EAST, 101.59 FEET TO THE POINT OF BEGINNING, AND CONTAINING 2,204 SQUARE FEET, MORE OR LESS. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants, and assigns to use said property for the management of water infrastructure for the purpose of enabling the City of Cape Girardeau, its agents, servants, and assigns to excavate, build, construct, maintain, operate and repair said water infrastructure from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. This easement and the right, privilege, permission and authority herein granted is perpetual and shall run with the land and shall be binding upon the successors, heirs and assigns of the respective parties. Signature Page to Follow The undersigned covenants that they are the owners in fee simple of the above-described property and have the legal right to convey this easement. rot IN WITNESS WHEREOF, the undersigned has executed this easement this 3 day of 52024. THE C NTY OF CAPE GIRARDEAU W !p ►C a Attest: �� 0 Clint D. racy, Presi in Commissioner *** 181 *#* Kara Clark Summers, County STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU BE IT REMEMBERED, that on this day ofNL CA -XV , 2024, before me, the undersigned notary public, personally appeared Clint D. Tracy, Presiding Commissioner of The County of Cape Girardeau, a political subdivision of the State of Missouri, who being by me duly sworn, did state that they are owners in fee simple of the above said property, have executed the within instrument as a free act and deed as owners of said property and acknowledge that they have 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. My Commission Expires: 3h o b ,ms - mlt Nitsch Notary Seat NOW countyMy pires 03110/20250 21080692 Notary Oublic rnI 5J Notary Printed Nam DESCRIPTION - EASEMENT PARTOF LOT2 OF EOC SUBDIVISION, AS RECORDED IN DOCUMENT #2023-04242 INTHE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, IN THE CITYAND COUNTY OF CAPE GIRARDEAU, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHEAST CORNER OF SAID LOT 2, ALSO BEING A POINT ON THE WEST RIGHT-OF-WAY LINE OFVETERANS MEMORIAL DRIVE, THENCE WITH SAID RIGHT-OF-WAY LINE, SOUTH 20040'49" EAST, 59.14 FEETTOTHE POINTOF BEGINNING; THENCE CONTINUING SOUTH 20040'49" EAST, 15.00 FEET;THENCE LEAVING SAID RIGHT-OF-WAY LINE, SOUTH 69004'40" WEST, 87.08 FEET; THENCE SOUTH 18046'03" EAST, 24.80 FEET; THENCE SOUTH 68047'11" WEST, 34.93 FEET; THENCE NORTH 21°12'49" WEST, 15.00 FEET; THENCE NORTH 68047'11" EAST, 20.56 FEET; THENCE NORTH 18046'03" WEST, 24.88 FEET; THENCE NORTH 69°04'40" EAST, 101.59 FEETTO THE POINT OF BEGINNING, AND CONTAINING 2,204 SQUARE FEET, MORE OR LESS. Staff:Casey Brunke, P.E., Public Works irector Agenda: D 12/2/2024 SUBJECT An Ordinance vacating the City's interest in a Sanitary Sewer Easement at 1619 Whitener Street, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached Ordinance vacates the City's interest in a Sanitary Sewer Easement at 1619 Whitener Street. A public hearing to consider the vacation was held on November 18, 2024. BACKGROUND/DISCUSSION It was brought to City Staff s attention that a sanitary sewer was blocked at 1619 Whitener Street. Upon further inspection, the sanitary sewer was broken under the residential structure at 1619 Whitener Street. The sanitary sewer was relocated from under the structure at 1619 Whitener Street. Because the sanitary sewer was relocated, the sanitary sewer easement over the original sanitary sewer pipe is no longer needed. A public hearing has been scheduled for November 18, 2024 to consider a request to vacate this Easement. An Ordinance accepting easements over the relocated sanitary sewer pipe was adopted November 4, 2024. FINANCIAL EMPACT All costs associated with the vacation will be paid by the City as part of the sanitary sewer relocation. STAFF RECOMMENDATION Staff recommends approval of the Ordinance vacating the City's interest in the Easement. PUBLIC OUTREACH Notice of the public hearing was advertised in the Southeast Missourian on November 7, 2024. ATTACHMENTS: Name: Description: 0 24126 vacate Easement 1619 Whitener.doc Ordinance 0 GOOD Whitener St Tract02 - 1619 Whitener Esmt vacation Desc.doc Legal Description 0 GOODWhitenerSt Tract021619 Whitener Esmt vacation Sketch.pdf Exhibit BILL NO. 24-126 ORDINANCE NO. AN ORDINANCE VACATING THE CITY'S INTEREST IN A SANITARY SEWER EASEMENT ON PROPERTY LOCATED AT 1619 WHITENER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Council has received a request to vacate a sanitary sewer easement for property located at 1619 Whitener Street, in the City of Cape Girardeau, Missouri; and WHEREAS, a public hearing was held on November 18, 2024, at which time all interested parties were afforded the opportunity to speak in favor of or in opposition to the proposed vacation of said easement; and WHEREAS, at least ten days' notice of the time and place of said hearing was published in a newspaper of general circulation in the City; and WHEREAS, an easement was accepted by Ordinance 5788 by the City replacing the easement referenced herein for the sewer line on property located at 1619 Whitener Street as part of the Whitener Street Sanitary Sewer Relocation Project; and WHEREAS, the City Council has determined that the easement in question is not necessary or needed for the purpose for which it was dedicated and established, and WHEREAS, it is in the public interest that said easement be vacated. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council hereby finds that it is in the public interest that said easement be vacated. ARTICLE 2. The City's interest in the following -described easement: Sanitary Sewer Easement A PART OF LOT 4, BLOCK 2, OF LONGVIEW PLACE SUBDIVISION AS RECORDED IN PLAT BOOK NO.4 AT PAGE NO. 24, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 1 ALL THAT PART OF A 10 FEET WIDE SANITARY SEWER EASEMENT ACROSS LOT 4, BLOCK 2 OF LONGVIEW PLACE SUBDIVISION RECORDED IN THE LAND RECORDS OF THE CAPE GIRARDEAU COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 4 AT PAGE NO. 24. is hereby vacated. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2024. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk 0) STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 2024, before me personally appeared Stacy Kinder, to me personally known, who, being by me duly sworn, did say that she is the Mayor 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 seal of said City and that said instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: 3 Notary Public 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax 573 339 1391 www.bowenengsurv.com SURVEYING Incorporated DESCRIPTION - 10 FEET WIDE SANITARY SEWER EASEMENT VACATION 1619 WHITENER STREET A PART OF LOT 4, BLOCK 2, OF LONGVIEW PLACE SUBDIVISION AS RECORDED IN PLAT BOOK NO.4 AT PAGE NO. 24, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL THAT PART OF A 10 FEET WIDE SANITARY SEWER EASEMENT ACROSS LOT 4, BLOCK 2 OF LONGVIEW PLACE SUBDIVISION RECORDED IN THE LAND RECORDS OF THE CAPE GIRARDEAU COUNTY RECORDER'S OFFICE IN PLAT BOOK NO. 4 AT PAGE NO. 24. Consulting Civil Engineers Land Surveyors Testing Laboratories GRAPHIC SCALE 0' 30' 60' EXISTING SANITARY ..�R SEWER EASEMENT (TO BE VACATED) r----.-------- I � I I I I - RI - - L I r I I I I I I I w I I ao I I W I d� I I I of I I J I I � I I I --- --- i. i i `�,��``v � • LOT 3, BLOCK2, LONGVIEW PLACE SUBDIVISION �PLAT BOOK 4 - PAGE 24 TIMBER CREEK REAL ESTATE LLC 1619 WHITENER ST LOT 4, BLOCK2, LONGVIEW PLACE SUBDIVISION PLAT BOOK 4 - PAGE 24 I I SURVEY LEGEND I I I PROPERTY LINE — — -IT-- — — I I I I I RIGHT OF WAY LINE -------- R/W-------- Bowen ENGINEERING Engineering Corporation MO State Cert. of Authority #000383 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax 573 339 1391 www.bowenengsuN.com & SURVEYING, P.C. Land Surveying Corporation MO State Cert. of Authority #000166 J R EASEMENT VACATION SKETCH TRACT 2 WHITENER STREET SANITARY SEWER RE-ROUTE CITY OF CAPE GIRARDEAU JOB NO: S23-068 I DATE: 10/13/2023 1 SHEET: 1 OF 1 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 12/2/2024 SUBJECT An Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Height and Area Exceptions and Modifications. EXECUTIVE SUMMARY The attached ordinance amends Section 30-116, Height and Area Exceptions and Modifications, of the Zoning Code (Chapter 30 of the City's Code of Ordinances). A public hearing on the amendment was held on November 18, 2024. BACKGROUND/DISCUSSION Attached is a proposed amendment to Section 30-116, Height and Area Exceptions and Modifications, of the Zoning Code (Chapter 30 of the City's Code of Ordinances). Currently, accessory structures greater than 150 square feet in area must follow the setback requirements of the zoning district in which they are located. The amendment adds a provision that allows accessory structures within a rear yard setback, up to ten feet from the rear lot line, as long as they meet all other setback requirements. This would primarily benefit small residential properties that otherwise would not have space available for an accessory structure. The amendment also includes a large number of minor changes for purposes of clarity and consistency. The attached ordinance amends Section 30-116 as proposed. A public hearing on the amendment was held on November 18, 2024. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the amendment. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission reviewed the amendment at its meeting on October 10, 2024 and recommended approval by a vote of 7 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing on the amendment was advertised in the Southeast Missourian on November 2, 2024. ATTACHMENTS: Name: Description: 0 24-127 Amending Ch 30 Height Area Fxceptions.doc jordinance 0 Chapter 30 Amendment Regarding Height and Area Exceptions and Modifications _ Chapter 30 Amendment Regarding Height and Area October 102024 (Edits_Copy).ndf ` Exceptions and Modifications - October 10, 2024 — (Edits Copy) Chapter 30 Amendment Regarding Height and Area 0 Chapter 30_Amendment _ Regarding Height _and _Area _ Exceptions_ and Modifications_- Exceptions and Modifications - October 10, 2024 October 10 2024 (Clean Copy).ndf (Clean Copy) BILL NO. 24-127 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING HEIGHT AND AREA EXCEPTIONS AND MODIFICATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-116, entitled "Height and area exceptions and modifications", of Article IV of Chapter 30 of the City Code, reading as follows: Sec. 30-116. Height and area exceptions and modifications. (a) Generally. The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter. (b) Height. The height regulations heretofore established shall be adjusted in the following cases: (1)Schools, public buildings and institutions may be erected to any height in any district in which they are permitted, provided front and rear yards are increased in depth and side yards are increased in width two feet for each foot of height that the building exceeds the height regulations of the district in which it is located. (2)The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, provided the height of these structures does not violate any ordinance of the city. (3)The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided such buildings do not exceed the height in feet permitted in the district in which they are located. (c) General area exceptions and modifications. The area regulations heretofore established shall be adjusted in the following cases: 1 (1)Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yard, and except for the ordinary projection of sills, belt courses, cornices, and ornamental features not to exceed 12 inches. (2)Open or lattice -enclosed fire escapes, required by law, projecting into a yard not to exceed 31,� feet and the ordinary projection of chimneys and pilasters shall be permitted by the city engineer when placed so as not to obstruct light and ventilation. (3)Terraces, uncovered porches and ornamental features which do not extend more than three feet above the floor level of the ground (first) story may project into a required yard, provided these projections be distant at least two feet from the adjacent side lot line. (4)Where a lot or tract is used for educational, institutional, motel, hotel, commercial, or industrial purposes, more than one main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located. (d) Front yards. The front yards heretofore established shall be adjusted in the following cases: (1)Where 40 percent or more of the frontage on the same side of a street between two intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings, except in the M- 1 and M-2 districts. (2)Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that do not have a front yard as described above, then: a. Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the minimum front yard shall be a line drawn between the two closest front corners of the adjacent building on each side; b. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one N side only, such building may be erected as close to the street as the existing adjacent buildings; or c. Where a building is to be erected on a parcel of land that is more than 100 feet from any building on either side, a front yard having a depth of not less than 25 feet shall be provided. (3)Interior lots abutting on two streets shall provide the required front yard on both streets. (4)On corner lots, a front yard shall be provided on each street except on lots of record. (5)An unenclosed balcony or unenclosed porch may project into a front yard for a distance not exceeding ten feet. An enclosed vestibule containing not more than 40 square feet may project into a front yard for a distance not to exceed four feet. (6)Vehicle fueling station pumps, pump islands and canopies may be located within a required yard provided they are not less than 15 feet distant from any street line and not less than 50 feet distant from any R district. (7)In any R district, no fence, structure, or planting shall be maintained within 30 feet of any street intersection. (e) Side yards. The side yards heretofore established shall be adjusted in the following cases: (1)Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court. (2)For the purpose of the side yard regulations, a two- family, or a multifamily dwelling shall be considered as one building occupying one lot. (3)Whenever a lot of record at the time of the passage of this chapter has a width of less than 50 feet, the side yard on each side of a building may be reduced to a width of not less than ten percent of the width of the lot, but in no instance shall it be less than four feet. (4)On corner lots of record, there shall be a side yard adjacent to the side street of not less than ten feet. (5)A porte cochere, carport or canopy may project into a required side yard, provided every part of such porte cochere, carport or canopy is unenclosed except for 3 necessary structural supports and not less than five feet from any side lot line. (f)Rear yards. The rear yards heretofore established shall be adjusted in the following cases: Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard. (g)Lot per family. Where a lot of record at the time of the effective date of the ordinance from which this chapter is derived or a lot in a subdivision which the city council has officially approved and agreed to accept at the time of the effective date of the ordinance from which this chapter is derived has less area or width than herein required in the district in which it is located, such lot may nonetheless be used for a one -family dwelling or for any other non -dwelling use permitted in the district which it is located. is hereb_)&epealed in its entire and a new Section 30-116, entitled "Height and area exceptions and modifications", of Article IV of Chapter 30 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to -wit: Sec. 30-116. Height and area exceptions and modifications. (a) Generally. The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter. (b) Height. The height regulations heretofore established shall be adjusted in the following cases: (1)Schools, public buildings and institutions may be erected to any height in any district in which they are permitted, provided that front and rear yards are increased in depth and side yards are increased in width two feet for each foot of height that the building exceeds the height regulations of the district in which it is located. (2)The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, provided that the height of such structures does not violate any ordinance of the city. (3)The limitation on number of stories shall not apply to V buildings used exclusively for storage purposes, provided that such buildings do not exceed the maximum height in feet for the district in which they are located. (c) General area exceptions and modifications. The area regulations heretofore established shall be adjusted in the following cases: (1)Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory structures and the ordinary projection of sills, belt courses, cornices, and ornamental features, provided that such projection does not exceed 12 inches. (2)Open or lattice -enclosed fire escapes required by law and projecting into a required yard by no more than 31-2 feet, and the ordinary projection of chimneys and pilasters shall be permitted, provided that such features do not to obstruct light and ventilation. (3) Terraces, uncovered decks, uncovered porches, and ornamental features that do not extend more than three feet above the floor level of the ground (first) story may project into a required yard, provided that such features are at least two feet from the side lot lines. (4)Accessory structures greater than 150 square feet in area shall be permitted within a required rear yard, provided that such structures are at least ten feet from the rear lot line and conform to all other setback requirements. (5)Where a lot is used for nonresidential purposes, more than one principal structure may be located upon the lot, provided that such structures conform to the height, setback and open space requirements of the district in which the lot is located. (d) Front yards. The front yards heretofore established shall be adjusted in the following cases: (1)Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings, except in the M-1 and M-2 districts. (2)Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed 5 with buildings that do not have a front yard as described above, then: a. Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the required front yard shall be established by a line drawn between the closest front corner of the adjacent building on one side and the closest front corner of the adjacent building on the other side; b. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building; or c. Where a building is to be erected on a parcel of land that is more than 100 feet from any building on either side, the required front yard shall be 25 feet. (3)On interior lots having frontage on more than one street, a front yard shall be provided along each street. (4)On corner lots, a front yard shall be provided along each street, except on corner lots of record. (5)Unenclosed balconies and unenclosed porches may project into a front yard by no more than ten feet. Enclosed vestibules containing not more than 40 square feet may project into a front yard by no more than four feet. (6)Vehicle fueling station pumps, pump islands and canopies may be located within a required yard provided that they are at least 15 feet from any street line and at least 50 feet from any R district. (7)No structure, wall, or fence, nor any plant exceeding a height of two feet at maturity, shall be placed, constructed, installed, or planted within 30 feet of any street intersection in any R district. This requirement shall not apply to a retaining wall, or to a fence having an open surface area of at least 75 percent, provided that the city manager has determined that such wall or fence will not obstruct sight distance and that such wall or fence conforms to all other requirements of the city code. (e) Side yards. The side yards heretofore established shall be adjusted in the following cases: (1)Commercial or industrial buildings used in part for 1.1 dwelling purposes shall provide side yards not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court. (2) For the purpose of the side yard regulations, a two- family (duplex) or multifamily dwelling shall be considered as one building occupying one lot. (3)On lots of record having a width of less than 50 feet, each required side yard may be reduced to ten percent of the lot width or four feet, whichever is greater. (4)On corner lots of record, a front yard shall be provided along the street to which the main entrance of the building is oriented. A side yard of 10 feet shall be provided along the other street(s). (5)A porte cochere, carport or canopy may project into a required side yard, provided that such porte cochere, carport or canopy is unenclosed except for necessary structural supports and is at least five feet from any side lot line. (f) Rear yards. The rear yards heretofore established shall be adjusted in the following cases: Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard. (g) Lot per family. Where a lot of record or a lot in a subdivision which the city council has officially approved at the time of the effective date of the ordinance from which this chapter is derived has less area or width than herein required in the district in which it is located, such lot may nonetheless be used for a single-family dwelling or for any nonresidential use permitted in the district which it is located. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. 7 ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2024. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk Chapter 30 Amendment Regarding Height and Area Exceptions and Modifications October 10, 2024 TEXT TO BE DELETED IS SHOWN IN CTDIVCTLJD�II I!_LJ TEXT TO BE ADDED IS SHOWN IN ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Chapter 30 Amendment Regarding Height and Area Exceptions and Modifications October 10, 2024 Sec. 30-116. Height and area exceptions and modifications. (a) Generally. The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter. (b) Height. The height regulations heretofore established shall be adjusted in the following cases: (1) Schools, public buildings and institutions may be erected to any height in any district in which they are permitted, provided that front and rear yards are increased in depth and side yards are increased in width two feet for each foot of height that the building exceeds the height regulations of the district in which it is located. (2) The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, provided that the height of these such structures does not violate any ordinance of the city. (3) The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided that such buildings do not exceed the maximum height in feet peFmitted is for the district in which they are located. (c) General area exceptions and modifications. The area regulations heretofore established shall be adjusted in the following cases: (1) Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory buildings in a rear yaFd, structures and except feF the ordinary projection of sills, belt courses, cornices, and ornamental feature -S net to eXcee' features, provided that such projection does not exceed 12 inches. (2) Open or lattice -enclosed fire escapes, escapes required by taw -,law and projecting into a required yard not ed by no more than 3%z feet -feet, and the ordinary projection of chimneys and pilasters pilasters shall be peFFRitted by th. +., .,h.,n placed se as permitted, provided that such features do not to obstruct light and ventilation. (3) Terraces, uncovered decks, uncovered perches porches, and ornamental features which that do not extend more than three feet above the floor level of the ground (first) story may project into a required yard, provided these pFejeetiens be 'distant that such features are at least two feet from the adjacent side lot 4pe-. lines. (4) Accessory structures greater than 150 square feet in area shall be permitted within a required rear yard, provided that such structures are at least ten feet from the rear lot line and conform to all other setback requirements. {4}(5) Where a lot ortract is used for educational, institutional, otel hOtel COMFneFcial, OF indUstFial nonresidential purposes, more than one main building principal structure may be located upon the let eF +.@Gt but enly when lot, provided that such h"'.'dings structures conform to all the height, setback and open space requirements of the district in which the lot ^tract is located. (d) Front yards. The front yards heretofore established shall be adjusted in the following cases: (1) Where 40 percent or more of the frontage once one side of a street between two intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings, except in the M-1 and M-2 districts. (2) Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that do not have a front yard as described above, then: Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the mum required front yard shall be established by a line drawn between the Chapter 30 Amendment Regarding Height and Area Exceptions and Modifications October 10, 2024 twe closest front eemeFS corner of the adjacent building on each sib one side and the closest front corner of the adjacent building on the other side; b. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent buildings;building; or C. Where a building is to be erected on a parcel of land that is more than 100 feet from any building on either side, a front and having a depth of net IP -SS than 25 f^^+ shall be ^ vided the required front yard shall be 25 feet. (3) +nteei9F On interior lots abutting en twe streets shall provide the required frant yard on both stre having frontage on more than one street, a front yard shall be provided along each street. (4) On corner lots, a front yard shall be provided ee along each stFeet street, except on corner lots of record. (5) ^^ unenrlesed baleeny or unenelesed perch Unenclosed balconies and unenclosed porches may project into a front yard for a distance not exceeding by no more than ten feet. An enCI05ed • estib le Enclosed vestibules containing not more than 40 square feet may project into a front yard fee -a dist Rce not to exceed by no more than four feet. (6) Vehicle fueling station pumps, pump islands and canopies may be located within a required yard provided that they are net less than at least 15 feet dir#wt from any street line and ^^ at least 50 feet distant from any R district. (7) in any R distFiet, ne fence, StFUGWFe, eF planting shall be maintained vVithin 30 feet of any StFeet a nteFseccion.. No structure, wall, or fence, nor any plant exceeding a height of two feet at maturity, shall be placed, constructed, installed, or planted within 30 feet of any street intersection in any R district. This requirement shall not apply to a retaining wall, or to a fence having an open surface area of at least 75 percent, provided that the city manager has determined that such wall or fence will not obstruct sight distance and that such wall or fence conforms to all other requirements of the city code. (e) Side yards. The side yards heretofore established shall be adjusted in the following cases: (1) Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court. (2) For the purpose of the side yard regulations, a twe family, or a two-family (duplex) or multifamily dwelling shall be considered as one building occupying one lot. (3) k4henever a 'At ef reeerd at the time ef the passage ef this ehapteF has a vVid-th Pf IP -;r than 50 feet, the of the yet but in ne inst-ance shall it be .'Per---; than f^„r f^^+ On lots of record having a width of less than 50 feet, each required side yard may be reduced to ten percent of the lot width or four feet, whichever is greater. (4) On corner lots of record, there shall be side yard adjacent to the side street of not less than ten f^^+ a front yard shall be provided along the street to which the main entrance of the building is oriented. A side yard of 10 feet shall be provided along the other street(s). (5) A porte cochere, carport or canopy may project into a required side yard, provided eveFY paFt e€ that such porte cochere, carport or canopy is unenclosed except for necessary structural supports and +fet ;essthan is at least five feet from any side lot line. (f) Rear yards. The rear yards heretofore established shall be adjusted in the following cases: Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard. (g) Lot per family. Where a lot of record at the time of the effective date of the ordinance 4 which this or a lot in a subdivision which the city council has officially approved and agreed to accept Chapter 30 Amendment Regarding Height and Area Exceptions and Modifications October 10, 2024 at the time of the effective date of the ordinance from which this chapter is derived has less area or width than herein required in the district in which it is located, such lot may nonetheless be used for a one ramify single-family dwelling or for any ^t"^.r nen dw.ve4ing nonresidential use permitted in the district which it is located. Chapter 30 Amendment Regarding Height and Area Exceptions and Modifications October 10, 2024 Sec. 30-116. Height and area exceptions and modifications. (a) Generally. The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter. (b) Height. The height regulations heretofore established shall be adjusted in the following cases: (1) Schools, public buildings and institutions may be erected to any height in any district in which they are permitted, provided that front and rear yards are increased in depth and side yards are increased in width two feet for each foot of height that the building exceeds the height regulations of the district in which it is located. (2) The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, provided that the height of such structures does not violate any ordinance of the city. (3) The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided that such buildings do not exceed the maximum height in feet for the district in which they are located. (c) General area exceptions and modifications. The area regulations heretofore established shall be adjusted in the following cases: (1) Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory structures and the ordinary projection of sills, belt courses, cornices, and ornamental features, provided that such projection does not exceed 12 inches. (2) Open or lattice -enclosed fire escapes required by law and projecting into a required yard by no more than 3% feet, and the ordinary projection of chimneys and pilasters shall be permitted, provided that such features do not to obstruct light and ventilation. (3) Terraces, uncovered decks, uncovered porches, and ornamental features that do not extend more than three feet above the floor level of the ground (first) story may project into a required yard, provided that such features are at least two feet from the side lot lines. (4) Accessory structures greater than 150 square feet in area shall be permitted within a required rear yard, provided that such structures are at least ten feet from the rear lot line and conform to all other setback requirements. (5) Where a lot is used for nonresidential purposes, more than one principal structure may be located upon the lot, provided that such structures conform to the height, setback and open space requirements of the district in which the lot is located. (d) Front yards. The front yards heretofore established shall be adjusted in the following cases: (1) Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings, except in the M-1 and M-2 districts. (2) Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that do not have a front yard as described above, then: Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the required front yard shall be established by a line drawn between the closest front corner of the adjacent building on one side and the closest front corner of the adjacent building on the other side; Chapter 30 Amendment Regarding Height and Area Exceptions and Modifications October 10, 2024 b. Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building; or C. Where a building is to be erected on a parcel of land that is more than 100 feet from any building on either side, the required front yard shall be 25 feet. (3) On interior lots having frontage on more than one street, a front yard shall be provided along each street. (4) On corner lots, a front yard shall be provided along each street, except on corner lots of record. (5) Unenclosed balconies and unenclosed porches may project into a front yard by no more than ten feet. Enclosed vestibules containing not more than 40 square feet may project into a front yard by no more than four feet. (6) Vehicle fueling station pumps, pump islands and canopies may be located within a required yard provided that they are at least 15 feet from any street line and at least 50 feet from any R district. (7) No structure, wall, or fence, nor any plant exceeding a height of two feet at maturity, shall be placed, constructed, installed, or planted within 30 feet of any street intersection in any R district. This requirement shall not apply to a retaining wall, or to a fence having an open surface area of at least 75 percent, provided that the city manager has determined that such wall or fence will not obstruct sight distance and that such wall or fence conforms to all other requirements of the city code. (e) Side yards. The side yards heretofore established shall be adjusted in the following cases: (1) Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court. (2) For the purpose of the side yard regulations, a two-family (duplex) or multifamily dwelling shall be considered as one building occupying one lot. (3) On lots of record having a width of less than 50 feet, each required side yard may be reduced to ten percent of the lot width or four feet, whichever is greater. (4) On corner lots of record, a front yard shall be provided along the street to which the main entrance of the building is oriented. A side yard of 10 feet shall be provided along the other street(s). (5) A porte cochere, carport or canopy may project into a required side yard, provided that such porte cochere, carport or canopy is unenclosed except for necessary structural supports and is at least five feet from any side lot line. (f) Rear yards. The rear yards heretofore established shall be adjusted in the following cases: Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard. (g) Lot perfamily. Where a lot of record or a lot in a subdivision which the city council has officially approved at the time of the effective date of the ordinance from which this chapter is derived has less area or width than herein required in the district in which it is located, such lot may nonetheless be used for a single-family dwelling or for any nonresidential use permitted in the district which it is located. Staff: Ryan Shrimplin, AlCP - City Agenda: Planner 12/2/2024 SUBJECT An Ordinance approving the record plat of Athena Properties Subdivision. EXECUTIVE SUMN ARY The attached ordinance approves a record plat for a one -lot single-family residential subdivision at 1416 North Spanish Street. BACKGROUND/DISCUSSION A record plat has been submitted for Athena Properties Subdivision, located at 1416 North Spanish Street and zoned R-2 (Single -Family Urban Residential). The plat combines two lots. The plat shows an exception for the omission of the required 10 -foot utility easement along the front and rear lot lines. Staff supports the exception because there are no existing or proposed utilities in the areas 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 October 10, 2024 meeting, recommended approval of the record plat with a vote of 7 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: D 24128 Athena Properties Subdivision Ordinance.doc Ordinance D Staff_Review-Referral-Action Form.pdf Athena Properties Subdivision - Staff RRA Form D Maw- Athena Properties Subdivision.pdf Athena Properties Subdivision - Map D Apnhcation - Athena Properties Subdivision.pdf Athena Properties Subdivision - Application D ATHENA PROPERTIES SIM FINAL. df Athena Properties Subdivision - Record Plat BILL NO. 24-128 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF ATHENA PROPERTIES SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Athena Properties Subdivision, being All of Lots Numbered One (1) and Two (2), in Block Numbered Six (6) of Robertson and Gale's Subdivision of Outlot 69, in the City And County Of Cape Girardeau, Missouri, submitted by Athena Property Group, LLC, bearing the certification of Kelly K. Snell, a Registered Land Surveyor, dated the 14th day of October, 2024, 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 , 2024. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Athena Properties Subdivision LOCATION: NW corner of N. Spanish St. & Fifth St. STAFF REVIEW & COMMENTS: A record plat has been submitted to combine two (2) lots at the northwest corner of North Spanish Street and Fifth Street. SEE STAFF REPORT FOR MORE DETAILS. City Planner Date City Attorney ` Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: City Manage Date Planning & Zoning Commission RECOMMENDED ACTION: Favpr Oppose Abstain Fav Oppose Abstain Trae Bertrand L3 Ll Gerry Jones L'Zj ' ❑ ❑ Scott Blank ❑ ❑ ❑ Chris Martin ❑ ❑ Kevin Greaser ❑ ❑ Nick Martin ❑ ❑ Robbie Guard ❑ ❑ Derek Jackson ❑ ❑ VOTE COUNT: Favor D Oppose <�D Abstain CO IWFNT S CITIZENS COMMENTING AT MEETING: Chris Martin Planning & Zoning Commission Secretary City Council Action Ordinance 1st Reading Ordinance 2"d & 3''d Reading: ORDINANCE # Effective Date: Athena Properties Subdivision r f ` N .� •�. ,yam `_ W CITYf CAPE 417 O Legend al G I R A R D E A U ' Created by: Community Development Dept. Athena Properties Subdivision Carol Peters September 11, 2024 Parcels 0 15 30 60 Feet Lot Lines 'x SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU W/ COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORIMIER STREET, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Name of Subdivision Type of Plat &!±VNL coal d% "'0(1 V )a Ef Record L3 Preliminary L3 Boundary Adjustment Applicant- Property Owner of Record 0 Same as Applicant Athena Properties Mailing Address City, State., Zip Mailing Address City, State., Zip 339 Broadway Cape Girardeau, MO 63701 1 Telephone Email Telephone Email 573-450-0176 Jeramy@rentathena.com Contact Person (if Applicant is a Business or Organization) (Attach additional owners information, if necessary) Jeramy Goehman I Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Ricjhards Land Surveying Mailing Address City, State,, Zip Mailing Address City., State, Zip 1813 Greenbrier Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-339-7473 richardslandsurveying@gmaii.com ADDITIONAL ITEMS in addition to this completed application form, the following items must be submitted: REQUIRED -"Z Review Fee (payable to City of Cape Girardeau) $22.00 per lot ($220.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau) Sheet Size Record Plat Boundary Adjustment Plat See Instructions for more 18" x 24" $46.00 $26.00 information. 24;; x 36" $71.00 $31.00 (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) One (1) full size print of the plat Digital file of the plat in pdf format (can be emailed to cityplanning2cityofcape.org) Completed minimum requirements checklist 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. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improve is for the subdivision being completed and/or covered under a performance guarantee agreement in accordance with th City Code of Ordinances. If I am an agent, I hereby certify that I have notified the Property Owner(s) of cord and the de lop o these requirements. App !TEZjSign )jure and Printed Name Date OFFICE USE ONLY Date Received & By File # MUNIS Application # UNIS Permit Review Fee Received $ ,q OC Recording Fee Received $ 41to 0. Check # .. /Credrit Card 0 Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 07/01/24 Staff: Ryan Shrimplin, AlCP - City Agenda: Planner 12/2/2024 SUBJECT An Ordinance approving the record plat of McMillan's First Subdivision. EXECUTIVE SUNIMARY The attached ordinance approves a record plat for a two -lot single-family residential subdivision at 2201 and 2205 Kent Drive. BACKGROUND/DISCUSSION A record plat has been submitted for McMillan's First Subdivision, located at 2201 and 2205 Kent Drive, which is zoned R-1 (Single -Family Suburban Residential). The plat reconfigures two lots to create two new lots. The plat shows a variance for a reduced lot area for Lot #1. Staff supports the variance because it will eliminate a nonconformity (residential swimming pool features are required to be at least 5 feet from any lot line; currently, the pool feature on Lot #2 is closer than 5 feet). In addition, the plat shows an exception for the omission of the required 10 -foot utility easement along the right-of-way lines and along the rear (north) lot line of Lot #2. Staff supports the exception because there are no existing or proposed utilities in the areas 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 April 10, 2024 meeting, recommended approval of the record plat with a vote of 7 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: 0 24129 McMillans First Ordinance.doc Ordinance 0 Staff_Review-Referral-Action Formpdf McMillan's First Subdi\ision - Staff RRA Form D Maw- McMillan s First Subdivision.pdf McMillan's First Subdi\ision - Map D Annlication - McMillan s First Subdivision.pdf McMillan's First Subdi\ision - Application 0 MCMILLAN FIRST SUB FINAL REVIEW.ndf McMillan's First Subdi\ision - Record Plat BILL NO. 24-129 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF MCMILLAN'S FIRST SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of McMillan's First Subdivision, being All of Lots numbered One Hundred Forty -Eight (148) and One Hundred Forty -Nine (149) of Woodland Hills Estates Third Subdivision as Recorded in Plat Book #12, at Page #17 Of the County Land Records, in the City and County of Cape Girardeau, Missouri, submitted by Clyde E. McMillan Jr. and Rebecca J. McMillan, Husband and Wife, and Joseph Glennon Campbell and Lee Ann Cambell, Trustees of The Amended and Restated Joseph Glennon Campbell Living Trust dated June 14, 2004, bearing the certification of Kelly K. Snell, a Registered Land Surveyor, dated the 5th day of August, 2024, 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 , 2024. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: McMillan's First Subdivision LOCATION: 2201 & 2205 Kent Drive STAFF REVIEW & COMMENTS: A record plat has been submitted to reconfigure two (2) lots at 2201 & 2205 Kent Drive. SEE STAFF REPORT FOR MORE DETAILS. xj,�, !iv, City Pla er �f r City Attorney 512_4 /Z � Date Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: —City Ma ager RECOMMENDED ACTION: 56816�j Planning & Zoning Commission Abstain Favo Oppose Abstain Li Chris Martin 1/ ❑ ❑ ❑ Nick Martin P1 ❑ ❑ ❑ Sommer McCauley -Perdue ❑ ❑ ❑ VOTE COUNT: Favor d Oppose 0 Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: . ... ............ —ter Chris Martin Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3Yd Reading: ORDINANCE # Effective Date: Fav Oppose Trae Bertrand Ll Scott Blank _M Llt ❑ Kevin Greaser G(1 ❑ Derek Jackson Q/ ❑ Gerry Jones ® ❑ Abstain Favo Oppose Abstain Li Chris Martin 1/ ❑ ❑ ❑ Nick Martin P1 ❑ ❑ ❑ Sommer McCauley -Perdue ❑ ❑ ❑ VOTE COUNT: Favor d Oppose 0 Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: . ... ............ —ter Chris Martin Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3Yd Reading: ORDINANCE # Effective Date: McMillan's First Subdivision 2209 I 2205 • r k 1 201 !' A ' 2306 WW 1w . A N W+ + E S EARLEEN Of'W CITY Of CAPE G I R A R D E A U Created by: Community Development Dept. Legend Carol Peters March 12, 2024 McMillan's First Subdivision 0 15 30 60 Feet Parcels ��••` _� SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORIMIER STREET, CAPE GIRARDEAU, MO 63701 (573) 339-6327 SAL Name of Subdivision � Type of Plat btRecord L3 Preliminary �` ahy,A st � Applicant Property Owner of Record 0 Same as Applicant Clyde & Rebecca McMillan $21.00 per lot ($210.00 minimum) Mailing Address City, State, Zip Mailing Address City, State, Zip 2201 Kent Drive Cape Girardeau, MO 63701 24" x 36" $71.00 $31.00 Telephone Email Telephone —t Email 573-450-0375 rebeccajomcmillan@outlook.com Digital file of the plat in .pdf format (can be emailed to cityplanning@citvofcape.org) Contact Person (if Applicant is a Business or Organization) (Attach additional owners information, if necessary) Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Richards Land Surveying Mailing Address City, State, Zip Mailing Address City, State, Zip 1813 Greenbrier Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-339-7473 �risurvey@charter.net ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: ✓ Review Fee (payable to City of Cape Girardeau) REQUIRED $21.00 per lot ($210.00 minimum) V Recording Fee Deposit (payable to City of Cape Girardeau) See Instructions for more Sheet Size Record Plat Boundary Adjustment Plat information."}"" 18' x 24 $46.007 $26.00 24" x 36" $71.00 $31.00 (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) _ One (1) full size print of the plat Digital file of the plat in .pdf format (can be emailed to cityplanning@citvofcape.org) Completed minimum requirements checklist 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. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completed and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have notified the Property Owner(s) ofReyeX dd nd the developer of these requirements. 77! jYl /1 �711A - 1,, ature an Printed Nam t' Date OFFICE USE ONLY Date Received & By File # MUNIS Application # �� MUNIS Permit #_ Review Fee Received $_.49-40 Recording Fee Received $ "€'Iy Lltheck #__,�� ❑ Credit Card ❑ Cash Preliminary and Record Plats: Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 07/01/23 Staff: Lisa Mills Agenda: 12/2/2024 SUBJECT An Ordinance approving the appropriation of unappropriated operating and capital expenditures for the police department incurred during the current fiscal year ending June 30, 2025. EXECUTIVE SUNIMARY An Ordinance approving the appropriation of unappropriated operating and capital expenditure for the police department incurred during the current fiscal year ending June 30, 2025. BACKGROUND/DISCUSSION The Cape Girardeau Police Department retired two of it's police canines (K9s) during the current fiscal year. The department is replacing both of those K9's. These Kgs are used in multiple patrol activities including narcotic detection, tracking, article searches, suspect apprehension, crowd control, and building searches. In addition the department is adding one police canine that will solely be used as a "gun detection dog". This canine is trained and certified in the location and detection of firearms. The total expenditure required for the (3) police canines (K9s) is $45,000 The Cape Girardeau Police Department replaced (64) Body Cameras. The total expenditure for the cameras and related data storage and accessories is $173,737. The body cameras enhance the safety of officers and civilians and promote transparency. These cameras provide a needed upgrade and replacement of the existing equipment that was purchased in 2022 and has exceeded it's useful life. The Cape Girardeau Police Department is replacing existing patrol unit tablets used in patrol vehicles that were purchased in 2019. The tablets are being replaced by (64) laptops with current software and technology to support the need for our officers to access critical information quickly and efficiently, helping them to make better decisions and respond faster to situations. The cost of this capital expenditure is $352,740. FINANCIAL IMPACT The funding for all of these items, totaling $571,477 is from the General Fund Balance. STAFF RECOMMENDATION Staff recommends approval of this ordinance appropriating funds for the operating and capital expenditures for the current fiscal year ending June 30, 2025. ATTACHMENTS: Name: I Description: D 24130 Annropriaition Kgs BWC Mobile Devices.doc ordinance BILL NO. 24-130 ORDINANCE NO. AN ORDINANCE APPROPRIATING MONIES FROM THE GENERAL FUND FOR EXPENDITURES FOR THE POLICE DEPARTMENT FOR FISCAL YEAR ENDING JUNE 30, 2025 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 the City's General Fund for Five Hundred Seventy-one Thousand, Four Hundred Seventy-seven Dollars ($571,477.00) for expendiatures to include acquiring police canines and replacing/updating technologies and services. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2024. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Cler Staff: Casey Brunke, P.E., Public Works irector Agenda: D 12/2/2024 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with Proshot Concrete, Inc., for the Merriwether Storm Tunnel Rehabilitation. Reading and Passage 1 *14 OCR I] I L11 *.YIL1 I►J /1,7.1 The Merriwether Storm Tunnel is a brick archway tunnel beginning in the 200 block of Merriwether Street and ending at the Merriwether Pump Station parking lot. The improvements consist of cleaning/surface preparation of the 54 inch Merriwether Storm Tunnel, completing tunnel point repairs utilizing a microsilica (or approved equal) motar, applying a 1 inch thickness of cementitious coating in a single application for approximately 465 feet of the tunnel, traffic control, bypass pumping, and all other related items to complete the project. BACKGROUND/DISCUSSION On November 13, 2024, three (3) bids were received on the Merriwether Storm Tunnel Rehabilitation project. The bids ranged in price from $528,825.00 to $218,530.00, with Proshot Concrete, Inc. submitting the low bid. One (1) other bid was found after the bids had been opened. Because the proposal was not clearly marked as a bid, it was deemed to be unresponsive. FINANCIAL IMPACT This project is being funded by ARPA monies (79%) and Parks and Recreation and Stormwater Phase 2 (PRS2) funds (21%). STAFF RECOMMENDATION Staff recommends Council pass and approve a Resolution authorizing the City Manager to enter into a contract with Proshot Concrete, Inc. for the Merriwether Storm Tunnel Rehabilitation project. ATTACHMENTS: Name: Description: 13 24131 Agreement_Proshot_Concrete_Merriwether Storm Tunnel Rehab.doc Resolution 13 Agreement with Proshot Concrete hic.pdf Contract with Proshot 13 Bid Tabulation xpdf Bid Tabulation BILL NO. 24-131 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PROSHOT CONCRETE, INC., FOR THE MERRIWETHER STORM TUNNEL REHABILITATION 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 Proshot Concrete, Inc., for the Merriwether Storm Tunnel Rehabilitation, in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes or amendments as shall be approved by the officers of the City executing the same. The officers, agents, and employees of the City are hereby authorized to execute all documents and take steps as they deem necessary and advisable to carry out and perform the purpose of this Resolution. PASSED AND ADOPTED THIS DAY OF , 2024. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk CITYOfCAPE G 1 R A R D E A U AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The City of Cape Girardeau Proshot Concrete, Inc. Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ("Owner") and ("Contractor") 1.01 The Merriwether Storm Tunnel is a brick archway tunnel beginning in the 200 block of Merriwether Street and ending at the Merriwether Pump Station parking lot. The improvements consist of cleaning/surface preparation of the 54 inch Merriwether Storm Tunnel, completing tunnel point repairs utilizing a microsilica (or approved equal) motar, applying a 2 inch thickness of cementitious coating in a single application for approximately 465 feet of the tunnel, traffic control, bypass pumping, and all other related items to complete the project. 1.02 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Merriwether Storm Tunnel Rehab. ARTICLE 2 ENGINEER 2.01 The Project has been designed by City Staff. 2.02 The City Engineer or the City Engineer's 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 3 — CONTRACT TIMES 3.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 Contract Times: 3.03 The Work will be substantially completed within 60 days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 90 days after the date when the Contract Times commence to run. 3.04 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $700 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $700 for each day that expires after such time until the Work is completed and ready forfinal payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 4 — CONTRACT PRICE 4.01 , Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 5 — PAYMENT PROCEDURES 5.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 5.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 10t day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in 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 elsewhere in the Contract. 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 EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright 0 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a `" ' percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b RM percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 1M percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions. 5.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 6 — INTEREST 6.01 All amounts not paid when due shall bear interest at the maximum rate allowed by Missouri's Public Prompt Payment Act. ARTICLE 7 — CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. If applicable, Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and if applicable, the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, .and performance of the Work; (2) the means, methods, techniques, sequences, and procedures EJCDC® C-520, Agreement Betwqen Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. 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. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 8 — CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 3, inclusive). 2. Performance bond (pages to, inclusive). 3. Payment bond (pages to�, inclusive). 4. General Conditions and Supplementary Conditions (pages' 'to 6 , inclusive). 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of _ sheets with each sheet bearing the following general title: 7. Addenda (numbers.., • to { inclusive). 8. Exhibits to this Agreement (Exhibit A); a. Contractor's Bid (pages to, inclusive). 9. The following which may be delivered or issued, on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. c. Change Orders. d. Field Orders. e. Affidavit of Compliance with Prevailing Wage f. Contractor's Warranty g. Contractor's Affidavit Regarding Settlement of Claims EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 9 — MISCELLANEOUS 9.01 Terms A.. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 9.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 9.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. 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. 9.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. Bidder must submit a completed Certification Regarding .Debarment, Suspension and other Responsibility Matters as attachment to the Bid. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 9.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC° C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee°, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright O 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWNER: City of Cape Girardeau By: Dr. Kenneth Haskin CONTRACTOR: Proshot Concrete, Inc. By: Title: City Manager Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Attest: Title: Title: Address forgiving notices: Community Development Department, City Hall 44 N. Lorimier Street Cape Girardeau, MO 63703 Address for giving notices: Proshot Concrete, Inc. 4158 Musgrove Drive Florence, AL 35630 License No.: (where applicable) EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 Exhibit A CITYOfCAPE G 1 R A RD E A U BID FORM PROJECT IDENTIFICATION: The Merriwether Storm Tunnel Is .a brick archway tunnel beginning In the 200 block of Merriwether Street and ending at the Merriwether Pump Station parking lot, The Improvements consist of cleaning/surface preparation of the 54 Inch Merriwether Storm Tunnel, completing tunnel point repairs utilizing a microsillca (or approved equal) motar, applying a 2 Inch thickness of cementitious coating in a single application for approximately 465 feet of the tunnel, traffic control, bypass pumping, and all other related items to complete the project, CONTRACT IDENTIFICATION: Project Name: Merriwether Storm.Tunnel Rehab City Project Number: 2182 Issue Date: October 2024 EJCDCe C-410, Bid Form for Construction Contracts, Copyright O 2018 National Society of professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, All rights reserved, paged TABLE OF CONTENTS Page ARTICLE1— Bid Recipient.............................................................................................................................1 ARTICLE2 — Bidder's Acknowledgements.....................................................................................................1 ARTICLE3 — Bidder's Representations..........................................................................................................1 ARTICLE4 — Bidder's Certification.................................................................................................................. 2 ARTICLE5 — Basis of Bid................................................................................................................................ 3 ARTICLE6—Time of Completion ................................. ,,.........................,,,4 ARTICLE7 —Attachments to this Bid....................................,....,......,....,,,..............,,...........;......................,..4 ARTICLE,8 — Defined Terms ................... ..,..........,.,......,.,...4 ARTICLE9— Bid Submittal...................................................................:.........................................................4 EJCDC® C•410, old porm for Construction Contracts, Copyright © 2018 National Society of professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted to: City of Cape Girardeau — City Hall 44 N. Lorimier Street Cape. Girardeau, Missouri 63701 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date 1 10-30-2024 2 11-5-2024 3 11-8-2024 B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all, if any: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents. H. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Owner is acceptable to Bidder. I: The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without, exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents. ARTICLE 4 — BIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; .and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the e execution of the Contract. EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 ARTICLE 5 — BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the price(s) documented on the below Bid Form. UNIT PRICE BID Est. No. Item Unit Qty. Unit Price Total Est. Price 1 Mobilization/Demobilization LS 1 $ 20,000.00 $ 20,000.00 2 Traffic Control LS 1 $ 5,000.00 3 Temporary Bypass Pumping AL 1 $ 7,500.00 Cleaning/Surface 4 Preparation of Tunnel LS 1 $ 12,000.00 5 Tunnel Point Repair EA 15 $ 1,000.00 342.00 6 2" Thick Cementitious Liner LF 465 $ 218,530.00 TOTAL BID FOR ALL UNIT PRICES $ Two hundred eighteen thousand five hundred thirty dollars and zero cents 218,530.00 5,000.00 7,500.00 12,000.00 15,000.00 159,030.00 (Written figure) (Total bid amount is to be shown in both words and figures. In case of discrepancy,, the amount shown in words will govern. In case of error in extension, the unit and lump sum prices under each Pay Item will be considered correct, and these sums when properly extended, shall constitute the Bid.) Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents: EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 ARTICLE 6 — TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 —ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or'a written covenant to obtain such license within the time for acceptance of Bids; C. If applicable, Contractor's License No.: 42q [or] Evidence of Bidder's ability to obtain a State Contractor's License and a covenant by Bidder to obtain said license within the time for acceptance of Bids; D. Required Bidder Qualification Statement with supporting data; E. Affidavit of Work Authorization; F. Affidavit of OSHA Training; G. Anti -Discrimination Against Israel Act Certification; and H. Certification Regarding Debarment, Suspension and Other Responsibility Matters. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.' ARTICLE 9 ® BID SUBMITTAL BIDDER: [Indicate correct name of bidding entity] Proshot Concrete, Inc By: [Signature] [Printed name] Anthony McDougle, President (If Bidder Is a corporation, a limited liability company, a partnersl?,ip, oar a,falnt...V�nture, attach evidence of authority to sign.) Attest: [Signature] [Printed name] Title: Donnie Barnes Assistant Corporate Secreta EJCDC® C-410, Bid Form for Construction Contracts. Copyright © 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 Submittal Date: 11-11-24 Address forgiving notices: Proshot Concrete, Inc 4158 Musgrove Drive Florence, AL 35630 Telephone Number: 256-764-5941 Fax Number: ?.1;F-7Fd-Snag Contact Name and e-mail address: Anthony McDougle, President cdill@proshotconcrete.com Bidder's License No.: 42042 (where applicable) E1CDCO G410, Bid Form for Construction Contracts. Copyright @ 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 Proshot Concrete Inc agrees to obtain any licensescounty, state) required for the Merriwether Storm Tunnel Rehab. Anthony McDougle., President W M 1.1 PROJECT INFORMATION A. Project Name: Merriwether Storm Tunnel Rehab Project B. Owner: City of Cape Girardeau, MO C. Owner Project Number: 2132 D. Engineer: N/A E. Date of Addendum: October 30, 2024 1.2 NOTICE TO BIDDERS A. This Addendum is issued to all registered plan holders pursuant to the Instructions to Bidders and Conditions of the Contract. This Addendum serves to clarify, revise, and supersede information in the Project Manual, Drawings, and any previously issued Addenda. Portions of the Addendum affecting the Contract Documents will be incorporated into the Contract by enumeration of the Addendum in the Owner/Contractor Agreement. BidderB. The a -r•- receipt, of Addgndum appropriate space on Page 1 of the Bid Form. C. The date for receipt of bids is unchanged by this Addendum; bids are due at the same time and location as given in the Notice to Bid. 1.3 GENERAL A. This Addendum provides clarifications as a result of the mandatory pre-bid meeting on October 29, 2024 and questions received. 1.4 ATTACHMENTS A. GIS Map: Merriwether Tunnel Rehab Map B. Standard Specifications, Section 104.3 C. Sample Bid Bond (EJCDC) D. Pre-BidSign-in Sheet 1.5 REVISIONS TO PREVIOUS ADDENDA A. None. - Page 1 of 6 Addendum One October 30, 2024 Merriwether Storm Runnel Rehab Project - #2131 1.6 REVISIONS TO PROJECT MANUAL A. Notice to Bid — Scope of Work: 1. The Merriwether Storm Tunnel is a brick archway tunnel beginning in the 200 block of Merriwether Street and ending at the Merriwether Pump Station parking lot. The improvements consist of cleaning/surface preparation of the 54 inch Merriwether Storm Tunnel, completing tunnel point repairs utilizing a microsilica (or approved equal) motar, applying a 2 iRGh 1 -inch thickness of cementitious coating in a single application for approximately 465 feet of the tunnel, traffic control, bypass pumping, and all other related items to complete the project. 1.7 REVISIONS TO DRAWING SHEETS A. N/A 1.8 COMMENTS AND CLARIFICATIONS A. Please remember to acknowledge this Addendum on Page 1 of the Bid Form and upload the Bid Form into the eProcurement system. B. A Missouri Tax Exempt Certificate will be provided to the successful bidder. C. State prevailing wage rates apply. The wages shall be as indicated on Missouri State Wage Order No. 31. There are no Federal wage rate requirements for this project, D. Liability insurance limits for worker's compensation, employers liability, owners protective liability, commercial liability and comprehensive automobile liability shall not be less than those amounts shown on pages GC -22 & GC -23 of the General Conditions ($3a370,137 per occurrence and $505,520 each person). Please don't forget to also include under the coverage the City of Cape Girardeau as the Additional Insured as stated on page GC -22 (Owner and Engineer). E. Please note the forms to submit with your bid (certification regarding debarment and suspension, certification regarding non -segregated facilities, affidavit of work authorization, domestic products procurement act certification, certification regarding lobbying, affidavit of OSHA training, and anti -discrimination against Israel act certification,). if these items are not submitted or submitted incorrectly, your bid will be non-responsive. A bid bond or certified or cashier's check in the amount of 5% of the bid is also required to be submitted with your bid, Please also submit your Registration Report from the Missouri Secretary of State and Bidder Qualification Statement with supporting data. Page 2 of 6 Addendum One October 30, 2024 Merriwether Storm Runnel Rehab Project - #2131 F. Substantial completion shall be on or within 60 days from the Notice to Proceed. All work shall be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or within 90 days from the Notice to Proceed. G. Liquidated damages will be charged in the amount of $700.00 for each day work continues beyond substantial and/or final completion (Agreement Page 2). Any request for time extension would be subject to the approval of the project manager. H. A Notice to Proceed can be given at any time after the contractor has satisfied the insurance and bonding requirements and execution of the contract agreement has occurred. 1.9 QUESTIONS AND ANSWERS A. Question: The scope description states that we must apply a 2" thickness of cementitious coating in a single application. Is the intent for us to apply the 2" in 1 single pass or can we apply the 2" in multiple passes as per the manufacturers best practices for whatever product we intend to use? Answer: Yes, the City's intent is for the application to be made in 1 single continuous pass. B. Question: Is there a specification that can be given for the cementitious coating or will any cementitious coating be allowed for this project? Answer: Proposed coatings shall meet or exceed the following requirements: Compressive Strength (ASTM C39): 5,500 psi minimum @ 28 days Bond Strength (ASTM C882): 2,000 psi minimum @ 28 days C. Question: Please provide drawings showing layout plan, profile and access manhole locations with size for brick storm tunnel. Answer: No drawings will be provided. Please see attached map. Edit: The downstream end of the tunnel measures 58.5" wide and 76" tall. D. Question: Please provide layout showing water bypass locations to the nearby storm line. Answer: Please see attached map. Page 3 of 6 Addendum One October 30, 2024 Merriwether Storm Runnel Rehab Project -#2131 E. Question: Bid Item 4: Cleaning/Surface Preparation of the Tunnel - Could you please confirm the cleaning process and the materials required to achieve an acceptable surface for the 2" concrete coating? Answer: Determined by the manufacturer's recommendations per the contractors proposed product. F. Question: Bid item 5: Tunnel Point Repair - Please clarify 15 EA locations. Flow many SF of pointing to be consider per location for bidding purpose. Answer: Locations can be inspected in conjunction with the mandatory Pre - Bid meeting. G. Question: Bid Item 6: 2" Thick Cementitious Liner - Could you please provide information for the material, application process, and finish required for a single application of the 2" cementitious coating? Answer: Determined by the manufacturer's recommendations per the contractors proposed product. H. Question: Does this project allow for permeant lane closure for the work duration? Answer: Yes, with proper traffic control and detour signage. I. Question: Please provide traffic protection drawings to be installed at each access locations for all general contractors to price similar scope. Answer: Traffic Control plan should be submitted for review and approval prior to the beginning of work. J. Question: Please provide any inspection/ site visit photographs. Answer: Inspection can be made and photographs can be taken during site visit. Edit: PhotosNideos taken during site visit can be found jLeLe, K. Question: Please provide any engineer's estimate established for this project. Answer: Engineer's estimates are not provided prior to bid opening. L. Question: Please confirm if there are any, work hours/Holiday restriction. Answer: Work hours per City's Standard Specifications (Section 104.3, see attached). Page 4 of 6 Addendum One October 30, 2024 Merriwethe'r Storm Runnel Rehab Project - #2131 M. Question: Should it be assumed that the tunnel will have active flows during any snow/rain event? Answer: Yes N. Question: Please provide any historic flow data and flood data for this storm tunnel for winter months. Answer: No available data O. Question: Please identify adjacent access locations upstream and down- stream of the work locations that can be utilized for other purposes such as bulkheading, bypass, ventilation, equipment staging, and emergency egress? Answer: Please see attached map. P. Question:Please confirm if contractor can discharge initial cleaning waste water to the downstream side of the work location. Answer: Yes, provided the initial cleaning water is potable with no solvents, cleaning agents, etc. (Drains to River) Q. Question:Please confirm if the third party rescue team to be provided by the contractor during confined space entry. Answer: The City's Fire Department will require notification regarding confined space entry to serve as rescue team. R. Question: Regarding the point repair, can you please clarify the sizing of each? Based on the Line Item it is unknown. Answer: The point repairs vary greatly in size. Please see photos/videos from site inspection for reference. (Not all point repairs are included). S. Question: Regarding the 2" thick lining using a cementitious material enhanced with micro -silica, will you be wanting poly fibers to also be incorporated? That is what we would suggest. And the cementitious lining would be applied using the wet shotcrete process, which utilizes a local Ready Mix supplier. Answer: Determined by the manufacturer's recommendations per the contractors proposed product. Page 5 of 6 Addendum One October 30, 2024 Merriwether Storm Runnel Rehab Project - #2131 T. Question: What type of 'finish' is required? We would suggest a 'brush or broom' finish in the invert and a 'gunned' finish for the sides and crown. Answer: The required finish will be troweled for a uniform thickness and then brushed. U. Question: Instruction to bidders - Article 8: Could not find bid bond form in the bidding documents Answer: The City will accept your bonding company's bid bond farm. If you need a bid bond form, we can supply you one. V. Question: Agreement - Article 3, paragraph 3.03 substantial completion of 60 days. Can this be extended to 180 days? As we are nearing winter weather conditions until this is awarded there is concerns to temperatures for spraying product at minimum of 45 F due to being an open air storm sewer. Answer: The City will work with the successful bidder to issue the notice to proceed. The notice to proceed can be issued any time after the required contract paperwork is completed. Page 6 of 6 Addendum One October 30, 2024 Merriwether Storm Runnel Rehab Project - #2131 t 104.2 Instructions. All instructions to the Contractor relating to the work shall be given through the Engineer and the Contractor shall obey all instructions so given concerning the method of procedure throughout the work. 104.3 Night, Satneday and $uitday, ani on Rights -of Way shalt be performe flow of traffic an the peace and qui 11:00 PM and. 6:00 AN1.. Saturday v Holiday work will be Perm itied, exc of theEngineer day i�oirk. Non -emergency E Id the hours of 7:00 AM W A then l Nod Ynsei of 104.4 Permits and. Licenses. The City will secure and pay associated fees for environmental permits from State and Federal agencies for City initiated projects, unless otherwise specified on the Plans. The Contractor shall procure all other necessary permits and licenses and give all necessary notices for the lawful prosecution of the work. The Contractorshall pay all charges and fees covering these permits and for all permits for non -City initiated projects. 104.5 Laws, Ordinances, Regulations. The Contractor shall at all times observe and conform to all Federal and State laws, local laws, ordinances, orders, decrees, and regulations existing at the time of or enacted subsequent to the execution of the contract which in any manner affect the prosecution of the work. The Contractor and his surety shall indemnify and hold harmless the City and all of its Officers, Engineers, Representatives, Agents, and Employees against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree whether by himself, his employees, or his subcontractors. 104.6 Lines and Grades. The Contractor shall be responsible for the proper layout and construction staking of the proposed improvements. Layout and staking shall be performed by a licensed Missouri Professional Land Surveyor. Property irons or accurately located and labeled laths shall be provided at key lot congers, particularly at intersections and curves. Improvements shall not be located solely from street centerline markers. The street must be cut or filled to final subgrade prior to installation of any water main extension and/or sewer main installation or otherwise approved by the Engineer. Failure to provide the above requirements will result in suspension of the work. If property pins or benchmarks are disturbed, they shall be restored to their original location. 104.7 Foreman. At all times when the work is in progress, the Contractor shall maintain a competent foreman or head -workman on the ground with a copy of the Plans. Instructions given to said foreman or head - workman shall be considered as having been given to the Contractor. 104.8 Materials, Labor, Tools, Etc. The Contractor shall furnish, at his own cost and expense, all transporta- tion, tools, labor, materials, and all else requisite to execute and complete the work in the best possible and most expeditious manner according to the Plans. He shall employ only competent, skilled workers, and shall discharge immediately, whenever required to do so by the Engineer, any worker considered by the Engineer as incompetent or disorderly, or who shall refuse to obey the instructions as given to the Contractor or his foreman, and shall not again employ such person on the work. City of Cape Girardeau, Missouri S-7 Issued June 25, 2018 Standard Specifications PENAL SUM FORM BIDDER(Name and Address,) SURETY(Name and Address ofPrtn_cpal Place ofBuslness): OWNER(Name and Address): DID BID DUE DATE: PROJECT (Brief Description Including Location); BOND BOND NUMBER: DATE: (Not later than Bid Due Date); PENAL SUM: IN WITNESS WHEREOF, Surety and Bidder, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause this Bid Bond to be duly executed on its behalf by its authorized officer, agent, or representative. BIDDER SURETY (Seal) (Seal) Bidder's Name and Corporate Seal Surety's Name and Corporate Seal By: By: Signature and Title Signature and Title(Attach Power of Attorney) Attest: Attest: Signature and Title Signature and Title NOTE: (1) Above addresses are to be used for giving required notice. (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable, EJCDC NO. 1910-28-C (1990 Edition) C 1. Bidder and Surety, jointly and severally, bind thenmives, their heirs, executors, administrators successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond, 2. Default of Bidder shat occur upon the failure of Bidder to deliver within the time required by the Biding Documents the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents. This obligation shall be null and void if, 3,1 Owner accepts Bidder's bid and Bidder deliars within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding daruments and any performance and payment bonds required by the Bidding Documents and Colima Documents, or 3.2 All bids are rejected by Owner, or 33 Owner fails to issue a notice of award to Bider within the time specified in the Bidding Dooments (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph 5 hereof] 4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after recipt by Bidder and Surety of written notice of default from Owner, which notice will be. given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due. 5. Surety waives notice of and any and all deforas based on or arising out of any time extension to issue notice of award agreed to in writing by Owner and Bidder, provided that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days from Bid Due Date withouSurety's written consent, 6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default required In paragraph 4 above Is received by Bidder and Surety, and in no case later than one year after Bid Due Date 7. Any suit or action under this Bond shall be conienced only in a court of competent jurisdiction loated in the state in which the Project is located. 8, Notice required hereunder shall be in writing and sent to Bidder and Surety at their respeoive addresses shown on the face of this Bond. Such notices may be. sent by personal delivery, commercial courier or by United States Registered or Certified Mail, return re ecipt requested, postage prepaid, mid shall be deemed to be, effective upon recelptby the party concerned. 9, Surety shalt cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliversuch Bond and bind the Surety thereby. 10. This Bond is intended to conform to all applicable statutory requirements. Any Applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as ifsot forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable stat E,1CDC NO. 1910.28-C (1990 Edition) BB®2 uta, then the provision of said statuo shall govern and the rcmainder of this Bond that is not in conflict therwith shall continue in fldl force and effect. 11. The term "bid" as used herein includes a bid, offer or proposal as applicable. V ii .r ws wF r � w i e V mi 11 le e ' q 4� mi 11 le FAT 1.1 PROJECT INFORMATION A. Project Name: Merriwether Storm Tunnel Rehab Project B. Owner: City of Cape Girardeau, MO C. Owner Project Number: 2132 D. Engineer: N/A E. Date of Addendum: November 5, 2024 1.2 NOTICE TO BIDDERS A. This Addendum is issued to all registered plan holders pursuant to the Instructions to Bidders and Conditions of the Contract. This Addendum serves to clarify, revise, and supersede information in the Project Manual, Drawings, and any previously issued Addenda. Portions of the Addendum affecting the Contract Documents will be incorporated into the Contract by enumeration of the Addendum in the Owner/Contractor Agreement, B. The Bidder shall acknowledge rece1pt of this Addendum in the appropriate space on Page 1 of the Bid Form. C. The date for receipt of bids is unchanged by this Addendum; bids are due at the same time and location as given in the Notice to Bid. 1.3 GENERAL A. This Addendum provides clarifications as a result of questions received by November 4, 2024. 1.4 ATTACHMENTS A. None 1.5 REVISIONS TO PREVIOUS ADDENDA A. Addendum One, Section 1.8 (A) 1. Delete "and upload the Bid Form into the eProcurement system." Page 9 of 4 Addendum Two November 5, 2024 Merriwether Storm Runnel Rehab Project - #2132 1.6 REVISIONS TO PROJECT MANUAL A. None 1.7 REVISIONS TO DRAWING SHEETS A. N/A 1.8 COMMENTS AND CLARIFICATIONS A. Please remember to acknowledge this Addendum on Page 1 of the Bid form. B. Please note the forms to submit with your bid (certification regarding debarment and suspension, certification regarding nonsegregated facilities, affidavit of work authorization, domestic products procurement act certification, certification regarding lobbying, affidavit of OSHA training, and anti -discrimination against Israel act certification,). If these items are not submitted or submitted incorrectly, your bid will be non-responsive. A bid bond or certified or cashier's check in the amount of 5% of the bid is also required to be submitted with your bid, Please also submit your Registration Report from the Missouri Secretary of State and Bidder Qualification Statement with supporting data. C. A Notice to Proceed can be given satisfied the insurance and bonding contract agreement has occurred. 1.9 QUESTIONS AND ANSWERS at any time after the contractor has requirements and execution of the A. Question: Where the stone and brick meet in the tunnel, there is a big difference - are we to follow the contour using the 2" thick application or is there to be a transition? Answer: There will need to be a transition. B. Question: Does the floor/invert also get the 2" thick shotcrete application? Answer: Yes, the floor will need to be coated. C. Question: The 15 spots identified as Point Repairs, I assume those are the large voided areas typically around the laterals? Answer: Some are around the laterals, others are locations with more than one layer of brick missing. Page 2 of 4 Addendum Two November 5, 2024 Merriwether Storm Runnel Rehab Project - #2132 D. Question: If installing the shotcrete via the wet shotcrete process, there is no 'material manufacturer's' recommendations regarding the: surface preparation, finish, reinforcing, etc. However, we will reference the ACI 506.2 Guide to Shotcrete. Answer: Provided all foreign material is removed using potable water, referencing ACI 506.2 should be acceptable. E. Question: Is OSHA 10 required by all crew members? Answer: Yes, per the "Notice to Bid" and the "Affidavit of OSHA Training". F. Question: Please provide sectional of the Tunnel showing vertical dimension, arch dimension and invert width. Answer: Please refer to Addendum One, Question C. G. Question: Please provide the pictures of the concrete box at the most upstream end of the work area. Answer: Opportunity was available during site visit to enter the tunnel for inspection and pictures. H. Question: Please confirm the scope of concrete coating will stop at the upstream side of the manhole, where entry was made available during the pre-bid walkthrough. Answer: Coating stops at downstream concrete pipe, continuing through the referenced manhole. I. Question: Is it ok to assume that parking area around the downstream pumping station will be available for office trailer and material staging? Answer: Yes, J. Question: We would suggest $ 15,000.00 allowance item for water mitigation chemical injection be added to address unforeseen water infiltration through the structure. Please advise. Answer: Allowance will not be provided. City will work with awarded contractor to perform the repairs during dry conditions. K. Question: Please confirm that line item 5 is not for the brick pointing but to fill the voids at 15 locations. Answer: "Repointing" Brick is not part of the scope of work for this project. Page 3 of 4 Addendum Two November 5, 2024 Merriwether Storm Runnel Rehab Project - #2132 L. Question; Please confirm the gunned finish will be acceptable at the side walls and crown? Answer: Please refer to Addendum One, Question T. M. Question: Please confirm manhole shaft concrete coating is not part of this project. Answer: Correct, N. Question: Please confirm if contractor can use the wet well inside the pumping station to avoid traffic closure at parking lot entry/exit way. If yes, please provide pictures. Answer: Yes. However, pictures will not be provided. O. Question: Please confirm if the following forms are required to submit with the bid. (Certificate of Non -segregated Facilities, Domestic Products Procurement Act, Certification Regarding Lobbying, Affidavit Compliance with the Prevailing Wage Law) Answer: Yes, except Affidavit for Prevailing Wage which must be submitted with project closeout documentation. Page 4 of Addendum Two November 5, 2024 Merriwether Storm Runnel Rehab Project - #2132 k .1 1.1 PROJECT INFORMATION A. Project Name: Merriwether Storm Tunnel Rehab Project B. Owner: City of Cape Girardeau, MO C. Owner Project Number: 2132 D. Engineer: N/A E. Date of Addendum: November 8, 2024 1.2 NOTICE TO BIDDERS A. This Addendum is issued to all registered plan holders pursuant to the Instructions to Bidders and Conditions of the Contract. This Addendum serves to clarify, revise, and supersede information in the Project Manual, Drawings, and any previously issued Addenda. Portions of the Addendum affecting the Contract Documents will be incorporated into the Contract by enumeration of the Addendum in the Owner/Contractor Agreement. B. The Bidder shall acknowledge receipt, of this Addendum in the appropriate space on Page 1 of the Bid Form. C. The date for receipt of bids is unchanged by this Addendum; bids are due at the same time and location as given in the Notice to Bid. 1.3 GENERAL A. This Addendum answers a question received prior to November 4, 2024. 1.4 ATTACHMENTS A. None. 1.5 REVISIONS TO PREVIOUS ADDENDA A. None. Page 1 of 2 Addendum Three November 8, 2024 Merriwether Storm Runnel Rehab Project - #2132 1.6 REVISIONS TO PROJECT MANUAL A. None. 1.7 REVISIONS TO DRAWING, SHEETS A. N/A 1.8 COMMENTS AND CLARIFICATIONS A. None. 1.9 QUESTION AND ANSWER A. Question: Would you consider GeoKrete Geopolymer an alternative one-step coating system and acceptable product for this project? Answer: Yes, provided it meets the Compressive and Bond Strengths specified in Addendum One. Page 2 of 2 Addendum Three November 8, 2024 Merriwether Storm Runnel Rehab Project - #2132 NCR—ETA-, SHOTGRETE CONTRACTORS & ENGINEERS *t -'7v*ldenc,oft of Authon John R. Ashcroft Secretary of State 2024-2025 BIENNIAL REGISTRATION REPORT BUSINESS O I ELECT TO FILE A BIENNIAL REGISTRATION REPORT ak SECTION 1, 3 & 4 ARE REOUIREn • A • REQUIRED INFORMATION MIDST BE COMPLETE OR THE REGISTRATION REPORT WILL BE REJECTED RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO: Secretary of State, P.O. Box 778, Jefferson City, MO 65102 REPORT DUE BY: A 31 2024 RENEWAL MONTH: MAY ❑ 1 OPT TO CHANGE THE CORPORATION'S F00762234 Proshot Concrete, Inc. RENEWAL MONTH TO FOR A $25,00 FEE CSC -LAWYERS INCORPORATING SERVICE COMPANY PRINCIPAL PLACE OF BUSINESS OR CORPORATE HEADQUARTERS: Re 221 BOLIVAR ST JEFFERSON CITY MO 65101 4158 Musgrove Dr (Required) a STREET Florence AL 35630-6396 11— / STATE ZIP If changing the registered agent and/or registered office address, please check the appropriate box(es) and fill in the necessary information. ❑ The new registered agent IF CHANGING THE REGISTERED AGENT, AN ORIGINAL WRITTEN CONSENT FROM THE NEW 2 REGISTERED AGENT MUST BE ATTACHED AND FILED WITH THIS REGISTRATION REPORT. n The new registered office address Must be a Missouri address, PO Box alone is not acceptable. This section is not applicable for Banks, Trusts and Foreign Insurance. OFFICERS NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE), BOARD OF DIRECTORS NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). MUST LIST PRESIDENT AND SECRETARY BELOW MUST LIST AT LEAST ONE DIRECTOR BELOW PRESIDENT McDougle, Anthony NAME McDougle, Anthony STREET 4158 Musgrove Drive STREET 4158 Musgrove Drive CITY/STATE/ZIP Florence AL 35630 CITY/STATE/ZIP Florence AL 35630 SECRETARY McDougle, Anthony NAME STREET 4158 Musgrove Drive 3 STREET CITY/STATE/ZIP Florence AL 35630p CITY/STATE/ZIP NAME STREET STREET CITY/STATE/ZIP CITY/STATE/ZIP NAME STREET STREET CITY/STATE/ZIP CITY/STATE/ZIP NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS ARE ATTACHED The undersigned understands that false statements made in this report are punishable for the crime of making a false declaration under Section 575.060 RSMo. Photocopy or stamped signature not acceptable. 4 Authorized party or officer sign here Anthony McDougle (Required) _ Please print name and title of signer: Anthony McDougle J President NAME TITLE REGISTRATION REPORT FEE _$40.00 If filed on or beforea 8/31/2024 WHEN THIS FORM IS ACCEPTED BY THE SECRETARY OF STATE, BY LAW _$55,00 If filed on or before 4 IT WILL BECOME A PUBLIC DOCUMENT AND ALL INFORMATION _ $70.00 If filed on or before 100/31//31/200 24 PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE _$85.00 If filed on or before 11/30/2024 ADD AN ADDITIONAL $25.00 FEE IF CHANGING THE RENEWAL MONTH. ___. - F_hAA11 Anno M— 1nnY9ll —,. REQUIRED INFORMATION MIDST BE COMPLETE OR THE REGISTRATION REPORT WILL BE REJECTED RETURN COMPLETED REGISTRATION REPORT AND PAYMENT TO: Secretary of State, P.O. Box 778, Jefferson City, MO 65102 CONCRETE. SHOTCRETE CONTRACTORS & ENGINEERS 10 MYACCOUNT I HOME 11 SEARCH II MISC INFO 11 UCC FILING ®Help Gen. Business Q For Profit Details as of 11/8/2024 Required Field * File Documents - select the filing from the "Filing Type" drop-down list, then click FILE ONLINE. File Registration Reports - click FILE REGISTRATION REPORT. Copies or Certificates - click FILE COPIESICERTIFICATES. RETURN To Create Filing FILE SEARCH RESt1I.T5 ONLINE Amended Articles Accepting Professional Corporation Law (Corp 43) ORDER COPES CERTIFICATES _ General Information Filings Principal Office Address Contact(s) � Names Proshot Concrete, Inc. Principal Office Address 4158 Musgrove Dr Florence, AL 35630-6396 Type Gen. Business - For Profit Charter No. `{ F00762234 Domesticity Foreign Home State AL f Registered Agent CSC LAWYERS INCORPORATING Status Good Standing SERVICE COMPANY 221 BOLIVAR ST JEFFERSON CITY, MO 65101 jDate Formed 8/31/2006 Duration Perpetual Report Due 8/31/2026 The information contained on this page is provided as a public service, and may change at any time. 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' /1 1 cf: \� 3 ; 73 ; �' , , � ' r' 1-:14 kyl DECEMBER 31, 2023 ANIS 2022 Wa r re �z `- {f� y_r� CPAs AND ADVISORS www,warrenaverett.corn A V r to =-,, t t The report accompanying this deliverable was issued by Warren Averett, LLC. oiZarren erett CPAs AND ADVISORS INDEPENDENT AUDITORS' REPORT To the Stockholder Proshot Concrete, Inc. 2500 Acion Road Birmingham, AL. 35243 205.9799 4100 warrenaverett.com Opinion We have audited the accompanying financial statements of Proshot Concrete, Inc. and Subsidiaries, which comprise the consolidated balance sheets as of December 31, 2023 and 2022, and the related consolidated statements of income, stockholder's equity and cash flows for the years then ended, and the related notes to the consolidated financial statements. In our opinion, the consolidated financial statements referred to above present fairly, in all material respects, the financial position of Proshot Concrete, Inc. and Subsidiaries (the Company) as of December 31, 2023 and 2022, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinion We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Our responsibilities under those standards are further described in the Auditors' Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the Company and to meet our other ethical responsibilities in accordance with the relevant ethical requirements relating to our audits. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the consolidated financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the Company's ability to continue as a going concern within one year after the date that the consolidated financial statements are available to be issued. Auditors' Responsibilities for the Audit of the Financial Statements Our' objectives are to obtain reasonable assurance about whether the consolidated financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditors' report that includes our opinion. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with generally accepted auditing standards will always detect a material misstatement when it exists. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment made by a reasonable user based on the consolidated financial statements. In performing an audit in accordance with generally accepted auditing standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the consolidated financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the Company's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the consolidated financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial, doubt about the Company's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings and certain internal control related matters that we identified during the audit. Report on Supplementary Information Our audits were conducted for the purpose of forming an opinion on the consolidated financial statements as a whole. The consolidating information on pages 15 through 17 is presented for purposes of additional analysis of the consolidated financial statements rather than to present the financial position, and results of operations, of the individual companies, and is not a required part of the consolidated financial statements. The schedules of earnings from construction, contracts -in - progress and completed contracts are presented for the purposes of additional analysis and are not required parts of the consolidated financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the consolidated financial statements. The information has been subjected to the auditing procedures applied'in the audit of the consolidated financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the consolidating financial statements or to the consolidated financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America. Except for the effects of not adoption ASC 842 on intercompany leases which eliminate in the consolidated financial statements, in our opinion, the information is fairly stated in all material respects in relation to the consolidated financial statements as a whole. 4/4 Birmingham, Alabama February 15, 2024 2 PROSHOT CONCRETE, INC. AND SUBSIDIARIES CONSOLIDATED BALANCE SHEETS DECEMBER 31, 2023 AND 2022 ASSETS CURRENT ASSETS Cash and cash equivalents Contract receivables Retainage receivables Costs and estimated earnings in excess of billings Prepaid insurance Other current assets Total current assets PROPERTY AND EQUIPMENT, NET INVESTMENT PROPERTY DUE FROM STOCKHOLDER TOTAL ASSETS 2023 2022 $ 817,612 $ 83,417 3,109,379 6,951,392 26,773 152,183 890,886 365,463 1,184, 016 659,674 154,540 856,045 6,183,206 8,068,174 3,856,739 3,511,239 441,573 425,912 929,141 1,732,710 $ 11,410,659 $ 13,738,035 See notes to the consolidated financial statements, 3 PROSHOT CONCRETE, INC. AND SUBSIDIARIES .CONSOLIDATED BALANCE SHEETS DECEMBER 31, 2023 AND 2022 LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES Cash overdraft Line of credit Accounts payable Accrued expenses and amounts withheld Billings in excess of costs and estimated earnings Current maturities of long-term debt Total current liabilities STOCKHOLDER'S EQUITY Common stock, par value $0.01 per share; 1,000 shares authorized, issued and outstanding Additional paid -in capital Retained earnings Total stockholder's equity 2023 7,146. 475,162 533,59,L 1,015,902 883,246 10 90 9,511,411 2.,.511,511 $ 11,410,659 See notes to the consolidated financial statements. 4 $ 1,805,114 1,417,839 471,807 96,252 58,311 _462,242 4,311,565 1,073,981 10 90 8,352,389 8,352,489 $ 13,738,035 PROSHOT CONCRETE, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF INCOME, FOR THE YEARS ENDED DECEMBER 31, 2023 AND 2022 CONTRACT REVENUE EARNED COST OF CONTRACT REVENUE EARNED OPERATING EXPENSES Advertising Auto and truck expense Depreciation Employee benefits Insurance Meals and entertainment Office expenses Payroll and related expenses Equipment rental Professional fees Taxes, licenses and permits Telephone and utilities Travel Workers compensation Gain on sale of property and equipment Other operating expenses Total operating expenses INCOME FROM OPERATIONS OTHER INCOME (EXPENSE) Rental income Other income Interest income Interest expense Total other income NET INCOME 2023 $ 23,899,275 17,106,115 6,793,160 36,237 37,539 125,119 389,981 727,996 89,940 201,694 1,298,626 20,808 125,713 101,417 130,326 78,124 39,862 (39, 604) 349,969 3,713,747 3,079,413 111,383 36,142 182,645 (51,709) 278,461 $ 3,357,874 See notes to the consolidated financial statements. 5 2022 $ 22,263,113 18,134,597 4,128,516 43,266 32,350 123,523 344,353 504,960 72,153 166,049 1,303,858 17,532 109,662 215,682 122,436 75,608 53,713 (71,759) 336,819 3,450,205 678,311 104,065 31,575 68,912 (92,825) 111,727 $ 790,038 ABPA PIans and Specifications Drop-in Requirements Equal Employment 0DD0rtnnAX and Nondiscrimination in Employment — 41 CFR 60-4. E O 11246: 41 CFR 60-4 published April 7, 1978 and amended October 3, 1980, requires that the ARPA funding applicant and selected bidders comply with Executive Order 11246 for bids, contracts, and subcontracts for all federally assisted construction contracts exceeding $10,000. The specifications explain the requirements for bidders and contractors under E.O. 11246. Bidders please see document titled "Standard Federal Equal Employment Opportunity Construction Contract Specifications (Executive Order 11246)" Contracting with. Small and Minority Businesses Women's Business Enterprises and Labor Surplus Area Firms — 2 CFR 200.321: E.Q. 11625 and 12138: Prior to awarding contracts, the ABPA funding applicant and any contractor awarding subcontracts must take the following affirmative steps in accordance with 2 CFR 200.321: a. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; b. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; d. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; e. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; A Bidders please also see Missouri Executive Order 15-06 Employment of Unauthorized Aliens Prohibited — §285.530 RSMo: Pursuant to §285.530.1, RSMo, the contractor assures that it, as well as its subcontractors, does not knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri, and shall affirm, by sworn affidavit and provision of documentation, its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. Further, the contractor assures that it, as well as its subcontractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. In accordance with §285.525 to 285.550, RSMo a general contractor or subcontractor of any tier shall not be liable when such contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of §285.530, RSMo if the contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of subsection 1 of §285.530, RSMo and shall not henceforth be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States. The selected contractor(s) must complete the "Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization" form. ➢ In addition, the selected contractor(s) must enroll in the federal E -verify system, provide supporting documentation of enrollment, and provide verification documentation for enrollment in the Federal E - Verify system. Contract Work Hours and Safety Standards Act — 40 U.S.C. 327-330: The contractor(s) and subcontractor(s) shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). OSHA Training.— §292.675, RSMo: Any person signing a contract to work on the construction of public works for any public body shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar, program approved by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program. All employees are required to complete the program within sixty days of beginning work on such construction project. Debarment and Suspension — 2 CFR 180• E O 12549: The Code of Federal Regulations at Title 2, Part 180, prohibits participation infederallyfunded contracts by persons excluded or disqualified from doing business with Updated February 16, 2023 Page 1 of 4 ABPA Specifications Requirements the federal government, Bidders are responsible for advising the Owner if they are excluded or disqualified, -and to check whether subcontractors they intend to use are excluded or disqualified. All tiers of subcontractors have the same responsibility to notify the one for which they are providing services if they are excluded or disqualified, and to check the status of any subcontractors they intend to use. Status can be checked on the System for Award Management (SAM) located on the Internet at https://www,sapL.gov/SANV. All subcontracts at any tier should include this language. The selected bidders must complete the "Certification Regarding Debarment and Suspension" form. Small Business Act — P.L. 100-590: Prior to awarding contracts, the ARPA funding applicant and any contractor awarding subcontracts must take the following affirmative steps in accordance with Section 129 of Public Law 100- 590, Small Business Administration Reauthorization and Amendment Act of 1988: a. Placing Small Business in Rural Areas (SBRA) on solicitation lists; b. Ensuring that SBRAs are solicited whenever they are potential sources; c. Dividing total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs; d. Establishing delivery schedules, where the requirements of work will permit which would encourage participation by SBRAs; and e. Utilizing the services of the Small Business Administration and the Minority Business Development Agency of the U, S. Department of Commerce, as appropriate. Award of Contract — 2 CFR 200.320(bl(11(ii)(Dl: The applicant will award the contract to the lowest responsive, responsible bidder. The contract must be for a firm fixed-price. The contract award will be awarded only to responsible contractors possessing the ability to perform successfully, which will be determined by considering such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. Central Contractor Registration. — P.L. 109-282: In accordance with the Federal Funding Accountability Act of 2006, the contractor assures that it, as well as its subcontractor(s), shall register in the System for Award Management (SAM). SAM is the Official U.S. Goverment system that consolidated the capabilities of Central Contractor Registration (CCR)/FedReg, Online Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS). There is NO fee to register for this site. If you had an active record in CCR, you have an active record in SAM. You do not need to do anything in SAM at this time, unless a change in your business circumstances requires updates to your Entity record(s) in order for you to be paid or receive an award, or you need to renew your Entity(s) prior to its expiration. To update or renew your Entity records(s) in SAM, you will need to create a SAM User Account located on the Internet at https://www.sam.gov and link it to your migrated Entity records. You will need a user account to search for registered entities in SAM. If the prime contractor is not currently registered in SAM, they are required to do so, as their status will be checked in SAM using the Unique Entity Identifier (UEI) provided by SAM. Privity of Contract: The Missouri Department of Natural Resources, its divisions, nor its employees are or will be a party to the contract(s) atany tier. Protests — 2 CFR 200.318(k): Neither the U.S. Department of Treasury nor the Missouri Department of Natural Resources will be involved in protest(s) and their resolution. Domestic Products Procurement Law - §34.350 - 34.359 RSMo: All manufactured goods or commodities used or supplied in the performance of any contract or subcontract awarded on this project shall be manufactured, assembled or produced in the United States, unless obtaining American-made products would increase the cost of the contract by more than ten percent (10%). In accordance with §34.350 through 34.359 RSMo, a waiver may be requested from the owner. The selected bidders must complete the "Domestic Products Procurement Act— §§34.350 - 34.359 RSMo Certification" form. Updated February 16, 2023 Page 2 of 4 ABPA Specifications Requirements Anti -Lobbying Act — P.L. 101-121: Sub -recipients who request or receive fi•om the grant recipient a sub -grant, contract, or sub -contract exceeding $100,000, at any tier under a federal grant shall comply with the Anti -Lobbying Act, Section 319 of Public Law 101-121, and file an Anti -Lobbying Certification form, and the Disclosure of Lobbying Activities form, if required, to the next tier above. • Selected bidders must complete one of the following forms: If the selected bidder lobbied on the behalf of this project, the contractor will complete the "Disclosure of Lobbying Activities" form. If the selected bidder did not lobby on the behalf of this project, the contractor will complete the "Certification Regarding Lobbying" form. Record Retention — 2 CFR 200.334• §109.255 RSM : The contractor(s) and sub -contractors) shall retain all project related records for three years after final payment(s) and all other pending matters are closed. An extended period of record retention may be required per the Local Record Retention Schedules created by the Local Records Board as authorized by § 109.255 RSMo. Access to Construction Site and Contract Records: The contractor shall provide access to the project site and project records by, the Missouri State Auditor, the Missouri Department of Natural Resources, the USEPA, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. Payment Provisions — $8.260 RSMo,• 58.960 RSMo: The owner shall make payment to the contractor in accordance with §8.260 and §8.960 RSMo. Retainage can be no more than 5%. False Claims Act — 31 USC §3729: The contractor(s) and sub-contractor(s)s, if required by future OMB guidance, shall promptly refer to the State of Missouri or other appropriate Inspector General any credible evidence that a principal, employee, agent, contractor, sub -grantee, subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity or similar misconduct involving those funds. Clean Air Act - 42 U.S.C. 7506(C): The contractor(s) and sub -contractors) shall comply with the Clean Air Act. Clean Nater Act - 33 U.S.C. 1368: The contractor(s) and sub -contractors) shall comply with the Clean Water Act. Energy Efficiency Requirements — Energy Policy and Conservation Act (P L 94-163 89 Stat 871): The contractor(s) and sub-contractor(s) shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94-163, 89 Stat. 871). Recycled Materials — U.S.C. 6962 (RCRA Section 6002): In accordance with Section 6002 of the Resource Conservation and Recovery Act (RCRA), preference shall be given to the procurement of specific products containing recycled materials identified in guidelines developed by the USEPA. Current guidelines are contained in 40 CFR Part 247-254. Historical and Archaeological — P.L. 93-291: If during the course of construction evidence of deposits of historical or archaeological interest is found, the contractor shall cease operations affecting the find and shall notify the owner who shall notify the Missouri Department of Natural Resources and the Director, Division of State Parks, P.O. Box 176, Jefferson City, Missouri 65102-0176, Telephone (573) 751-2479. The contractor shall halt any further disturbances of the deposits until notified by the owner that they may proceed. The owner will issue a notice to proceed only after the state official has surveyed the find and made a determination to the Missouri Department of Natural Resources and the owner. Compensation to the contractor, if any, for lost time or changes in construction to avoid the find, shall be determined in accordance with changed conditions or change order provisions of the specifications. Prohibition on certain telecommunications and video surveillance services or eouinment Certification — 2 CFR 200.216: In accordance with 2 CFR 200.216, recipients and sub -recipients are prohibited from obligating Updated February 16, 2023 Page 3 of 4 ARPA Specifications Requirements or expending loan or grant fiends to procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). Anti -Discrimination Against Israel Act — §34.600 RSMo: In compliance with §34.600 RSMo, the contracting company certifies that it is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel; companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or persons or entities doing business in the State of Israel, in accordance with §34.600, RSMo. Any contract that fails to comply with the provisions of this section shall be void against public policy. This provision does not apply to contracts with a total potential value of less than one hundred thousand dollars or to contractors with fewer than ten employees. Updated February 16, 2023 Page 4 of 4 STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246) 1, As used in these specifications: a. "Covered area" means the geographical area described in the solicitation fiom which this contract resulted; b. "Director" means Director, Office of Federal Contract Compliance Programs United States Department of Labor, or any person to whom the Director delegates authority; c. "Employer identification number" means the Federal Social Security number used on the Employer's Quarterly Federal Tax Return, U, S. Treasury Department Form 941. d. "Minority" includes: (i) Black (all persons having origins in any of the Black African racial groups not of Hispanic origin); (ii) Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race); (iii) Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or the Pacific Islands); and (iv) American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification). 2. Whenever the Contractor, or any Subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the Notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted. 3. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan. area; (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each Contractor or Subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other Contractors or Subcontractors toward a goal in an approved Plan does not excuse any covered Contractor's or Subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables, 4. The Contractor shall implement the specific ,affirmative action standards provided in paragraphs 7 a through p of these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the Contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered Construction. Contractors performing construction work in geographical areas where they do not have a Federal or federally assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the FEDERAL REGISTER in notice form, and such notices may be obtained from any Office of Federal Contract Compliance Programs office or from Federal procurement contracting officers. The Contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified. 5. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto. 6. In order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and; the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities; Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor. 7. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions, The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following: - .- Page 1 of 5 a.. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities, b. Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the Contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses. c. Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the- street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the Contractor may have taken. d. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a minority person or woman sent by the Contractor, or when the contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations. e. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and training programs relevant to the Contractor's employment needs,, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under 7b above. f. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting it's EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc.; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed. g. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for, hiring, assignment, layoff, termination or other employment decisions including specific review 'of these items with onsite supervisory personnel such as Superintendents, General Foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter. h. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and Subcontractors with whom the Contractor does or anticipates doing business. i. Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and'to minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than once month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment sources, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process, j. Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide after school, summer and vacation employment to minority and female youth both on the site and in other areas of a Contractor's work force. k. Validate all tests and other selection requirements where there is an obligation to do so under CFR Part 60-3. 1. Conduct, at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities. m.Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory affect by continually monitoring all personnel and employment related activities to ensure that Page 2 of 5 the EEO policy and the Contractor's obligations under these Specifications are being carried out. n. Ensure that all facilities and company activities re nonsegregated except that separate or single -user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. o. Document and maintain a record of all solicitations of offers for subcontracts fi-om minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. p. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations. S. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (7a through p). The efforts of a contractor association, joint contractor -union, contractor -community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under 7a through p of these Specifications providing that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance. 9. A single goal for minorities and a separate single goal for women have been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non -minority. Consequently, the Contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the Contractor has achieved its goals for women generally, the Contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). 10. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin. 11. The Contractor shall not enter into any Subcontract with any person or firm debarred from Government contracts pursuant to Executive Order 11246. 12, The Contractor shall carry out such sanctions and penalties for violation of these Specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of these Specifications and Executive Order 11246, as amended. 13. The Contractor, in fulfilling its obligation under these Specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph 7 of these Specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, .the implementing regulations, or these Specifications, the Director shall proceed in accordance with 41 -CFR 60-4.8. 14. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the Government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records. 15. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program). Page 3 of 5 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246) 1. The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Specifications" set forth herein. 2. The goals and timetables for minority and female. participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables Goals for minority participation for each trade Goals for female participation in each trade All years 11.4% 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and nonfederally involved construction. The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. 3. The Contractor shall provide written notification to the Director of the Office of Federal. Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed. 4. As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is (insert description of the geographical areas where the contract is to be performed giving the state, county and city; if any). Page 4 of 5 Participation Goals for Minority Contractors per the October 2019 Department of Labor OFCCP - Technical Assistance Guide Adair ............................4.0 Andrew ......................... 3.2 Atchison .....................10.0 Ripley .........................11.4 Audrain ........................4.0 12.7 Barry............................2.3 2.3 Barton........................... 2.3 Bates ...........................10.0 Ste. Genevieve ...........11.4 Benton ........................10.0 4.0 Bollinger ....................11.4 2.3 Boone ........................... 4.0 Buchanan ...................... 3.2 Butler ..........................11.4 3.1 Caldwell .....................10.0 Scott ...........................11.4 Callaway ...................... 4.0 Camden ........................ 4.0 Cape Girardeau ..........11.4 McDonald .................... Carroll .................:......10.0 Macon .......................... Carter ..........................11.4 Madison ......................11.4 Cass............................12.7 Maries ........................11.4 Cedar ............................ 2.3 Chariton ........................ 4.0 Christian ....................... 2.0 Clark............................. 3.4 Clay............................12.7 Washington ................11.4 Clinton ........................10.0 4.0 Cole.............................. 4.0 Cooper.......................... 4.0 Crawford ....................11.4 4.0 Dade ............................. 2.3 Dallas ........................... 2.3 Daviess .......................10.0 De Kalb ......................10.0 2.3 Dent............................11.4 4.0 Douglas ........................2.3 2.3 Dunklin ......................26.5 26.5 Franklin ......................14.7 Gasconade ..................11.4 Gentry ........................10.0 Greene .......................... 2.0 Grundy .......................10.0 Harrison ......................10.0 Pulaski .......................... 2.3 Henry ..........................10.0 Ralls ............................. 3.1 Hickory ........................ 2.3 _ - Holt ..........................10.0 Missouri Counties Howard ......................... 4.0 Howell .......................... 2.3 Iron.............................11.4 Ripley .........................11.4 Jackson ....................... 12.7 Jasper ............................ 2.3 Jefferson .....................14.7 St. Francois ................11.4 Johnson ......................10.0 Ste. Genevieve ...........11.4 Knox ............................. 4.0 Laclede ......................... 2.3 Lafayette ....................10.0 Saline ..........................10.0 Lawrence ...................... 2.3 Lewis ............................ 3.1 Lincoln .......................11.4 Scott ...........................11.4 Linn.............................. 4.0 Livingston ..................10.0 Shelby ..........................4.0 McDonald .................... 2.3 Macon .......................... 4.0 Madison ......................11.4 Sullivan ........................ Maries ........................11.4 Taney............................ Marion .......................... 2.4 Mercer ........................10.0 Vernon .......................... Miller ............................ 4.0 Mississippi .................11.4 Washington ................11.4 Moniteau ...................... 4.0 Monroe ......................... 4.0 Montgomery...............11.4 Worth .........................10.0 Morgan......................... 4.0 New Madrid ............... 26.5 Newton ......................... 2.3 Nodaway ....................10.0 Oregon.......................... 2.3 Osage............................ 4.0 Ozark ............................ 2.3 Pemiscot..................... 26.5 Perry ...........................11.4 Pettis ...........................10.0 Phelps .........................11.4 Pike.............................. 3.1 Platte ..........................12.7 Polk.............................. 2.3 Pulaski .......................... 2.3 Putnam ......................... 4.0 Ralls ............................. 3.1 Randolph ...................... 4.0 Page 5 of 5 Ray.............................12.7 Reynolds ....................11.4 Ripley .........................11.4 St. Charles ..................14.7 St. Clair ......................14.7 St. Francois ................11.4 Ste. Genevieve ...........11.4 St. Louis .....................14.7 St. Louis City .............14.7 Saline ..........................10.0 Schuyler ....................... 4.0 Scotland ........................ 4.0 Scott ...........................11.4 Shannon ........................ 2.3 Shelby ..........................4.0 Stoddard .....................11.4 Stone ............................ 2.3 Sullivan ........................ 4.0 Taney............................ 2.3 Texas............................ 2.3 Vernon .......................... 2.3 Warren ........................11.4 Washington ................11.4 Wayne ........................11.4 Webster ........................ 2.3 Worth .........................10.0 Wright .......................... 2.3 ®' MISSOURI DEPARTMENT OF NATURAL RESOURCES ®©DIVISION OF ENVIRONMENTAL QUALITY FINANCIAL ASSISTANCE CENTER Certification Regarding Debarment and Suspension Applicant Name: Proshot Concrete, Inc Project Name: Merriwether Storm Tunnel Rehab _ Project No.: DNR-SW-E7D7FD5OB471 SAM.gov LTEI No.: RJKLYU4YBG84 The prospective 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 governmental (federal, state, or local) entity; b) Have not within a three-year period preceding this certification been convicted of or had a civil judgment rendered against them for: 1) 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; 2) Violation of federal or state antitrust statutes relating to the submission of offers; or 3) Commission of embezzlement, theft, forgery, bribery, falsification ordestruction 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 certification, 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 proposal or termination of the award. M I am able to certify to the above statements. ❑ I am unable to certify to the above statements and attached my explanation. Anthony McDougle President Typed Name of Authorized Representative,,, Title of Authorized Representative 11-11-24 F, Signature of Authorized Reprep ntatye..7ate ,S Last Revised March 25, 2022 ,/�°°j;,,2006` MISSOURI DEPARTMENT OF NATURAL. RESOURCES DIVISION OF ENVIRONMENTAL QUALITY F&IIINFINANCIAL ASSISTANCE CENTER Certification Regarding Debarment and Suspension Instructions The Missouri Department of Natural Resources receives assistance from the federal government, and the funds provided to a community constitute a sub -agreement. Accordingly, each prospective recipient of a grant, loan, or cooperative agreement and any contractor or subcontractor must agree to fully comply with Executive Order 12549, 2 C.F.R. Part 180, and 2 C.F.R. Part 1532 regarding Debarment and Suspension. "Principals," for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within an entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). The prospective grant, loan, or cooperative agreement recipient should return the signed certification, and explanation if needed, with its application to: Missouri Department of Natural Resources Financial Assistance Center PO Box 176 Jefferson City, MO 65102-0176 Or email to fac dnr.m_ o.gov. The recipient of funding should also obtain a certification from their consulting engineer and prime contractor. The funding recipient shall also check the status on the System for Award Management (SAM) located on the Internet at https://www.sam.gov/portal/public/SAM/. Each prospective subcontractor should submit a completed certification or explanation to the prime contractor for the project. Last Revised March 25, 2022 CERTIFICATION OF NONSEGREGATED FACILITIES (Applicable to federally assisted construction contracts and related sub -contracts exceeding $10,000 which are not exempt from the Equal Opportunity clause.) The federally assisted construction contractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. The federally assisted construction contractor agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. The federally assisted construction contractor agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Op port' i + 1'u, and that he will retain such certifications in his files. Signature _. ;Date 11-11-24 Name and Title of Signer Anthony IV W?oi� 1d,,15,e lent (Print or Type) Firm Name Proshot Concrete, Inc NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. BUSINESS _E_ NTITY CERTIFICATION, ENROLLMENT DOCUMENTATION, AND AFFIDAVIT OF WORK AUTHORIZATION BUSINESS ENTITY CERTIFICATION: The vendor must certify their current business status by completing either Box A or Box B or Box C on this Exhibit. BOX A: To be completed by non -business entity as defined below. BOX B: To be completed by a business entity who has not yet completed and submitted documentation pertaining to the federal work authorization program as described at https://www,e-verif . ov/. BOX C: To be completed by a business entity who has current work authorization documentation on file with a Missouri Department including Office of Administration, Division of Purchasing. Business entity, as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, is any person or group of persons performing or engaging in any activity, enterprise, profession, or occupation for gain, benefit, advantage, or livelihood. The term "business entity" shall include but not be limited to self-employed individuals, partnerships, corporations, contractors, and subcontractors. The term "business entity" shall include any business entity that possesses a business permit, license, or tax certificate issued by the state, any business entity that is exempt by law from obtaining such a business permit, and any business entity that is operating unlawfully without such a business permit. The term "business entity" shall not include a self-employed individual with no employees or entities utilizing the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. Note: Regarding governmental entities, business entity includes Missouri schools, Missouri universities, out of state agencies, out of state schools, out of state universities, and political subdivisions. A business entity does not include Missouri state agencies and federal government entities. I certify that (Company/Individual Name) DOES NOT CURRENTLY MEET the definition of a business entity, as defined in section 285.525, RSMo pertaining to section 285.530, RSMo as stated above, because: (check the applicable business status that applies below) ❑ - I am a self-employed individual with no employees; OR ❑ - The company that I represent employs the services of direct sellers as defined in subdivision (17) of subsection 12 of section 288.034, RSMo. I certify that I am not an alien unlawfully present in the United States and if Proshot Concrete, Inc (Company/Individual . Name) is awarded a contract for the services requested herein under 20-5269497 (IFB Number) and if the business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo then, prior to the performance of any services as a business entity, Proshot Concrete, Inc (Company/Individual Name) agrees to complete Box B, comply with the requirements stated in Box B and provide the Department with all documentation required in Box B of this exhibit. "�'t, f Anthony McDougle, President Authorized Representative's Name (Please Aulho'rized Representative's Signgl0e, Print) Proshot Concrete, Inc 11-11-24 rR�'�, 4cf���"`}=� e•" .. ,.••••' 4 Company Name (if applicable) _ Date ,•�9�i0iP,0i _'q�0.� jS jSki I certify that Proshot Concrete, Inc (Business Entity Name) MEETS the definition of a business+ entity as defined in section 285.525, RSMo pertaining to section 285.530. Anthony McDougle Authorized Business Entity Representative's Name (Please Print) Proshot Concrete Inc Business Entity Name cdill@proshotconcrete.com E -Mail Address Authorized Business Fntio Representative's Signature 11-11-24 ✓f�''r,, X00 Date �Tl,,,.1 As a business entity, the vendor must perform/provide each of following. The vendor should check each to verify completion/submission of all of the following: ❑ - Enroll and participate in the E -Verify federal work authorization program (Website: https://www.e-verify.gov/; Phone: 888-464-4218; Email: e-verif @,dhs.gov) with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND ❑x - Provide documentation affirming said company's/individual's enrollment and participation in the E -Verify federal work authorization program. Documentation shall include EITHER the E -Verify Employment Eligibility Verification page listing the vendor's name and company ID OR a page from the E -Verify Memorandum of Understanding (MOU) listing the vendor's name and the MOU signature page completed and signed, at minimum, by the vendor and the Department of Homeland Security — Verification Division. If the signature page of the MOU lists the vendor's name and company ID, then no additional pages of the MOU must be submitted; AND ❑ - Submit a completed, notarized Affidavit of Work Authorization provided on the next page of this Exhibit. AFFIDAVIT OF WORK AUTHORIZATION: The vendor who meets the section 285.525, RSMo, definition of a business entity must complete and return the following Affidavit of Work Authorization. Comes now Anthony McDougle (Name of Business Entity Authorized Representative) as President (Position/Title) first being duly sworn on my oath, affirm Proshot Concrete, Inc (Business Entity Name) is enrolled and will continue to participate in the E - Verify federal work authorization program with respect to employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri for the duration of the contract(s), if awarded in accordance with subsection 2 of section 285.530, RSMo. I also affirm that Proshot Concrete, Inc (Business Entity Name) does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services provided under the contract(s) for the duration of the contract(s), if awarded. 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.) Authorized t"v"\ '`',Caiq °f�a���Anthony McDougle a;, . Vive's Si Name President �`'� a 11-11-24 Title LiY, edill@proshotconcrete.com proshotconcrete.com° ; ' r:, ��cf Z6037 9 d E -Mail Address �e>,PJ 1200 -Verify Company Company ID Number Subscribed and sworn to before me this 1 lth (DAY) of November 2024 I am (MONTH, YEAR) commissioned as a notary public within the County of Colbert , State of (NAME OF COUNTY) Alabama , and my commission expires on 7-26-26 (NAME OF STATE) (DATE) 11-11-24 Signature of Iotary Connie Sue Dill Date. Gam' 4. ? t 1:,,.• °.n h t °aA0,3 PAd5x9�. o I lot, TA1 E -VERIFY IS'A SERVICE OF DHS WA Mf Company ID Number: 228037 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 Proshot Concrete, 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 11 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 verifiedunder 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). - Fuge 1 of 13iE-Verify MOU for Employe rlRevision Date 10/29/08 k,.; V%j11:tli s'go s/r: 4-vef i fy- Au�", SEC, fNlSTli 4Q�� ♦y. E_MXFY is A SERVIa ^F ➢HS Company ID Number: 228037 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 nonconfrrmation 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 DH%*# 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 a 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 UIE-Verify MMU for Ern ployerlRevision date '10/29/0$ 4. twb ,,Ahs :,Z- INAhy,,ix� YAM,, A a n E—VRRI a^Y ISA I SERVICE OF DHS VIC2 OF Company ID Number: 228037 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 I-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 I-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 93IE-Verify MOU for EmployerlRevision Date 10/29108 / ovYnarnre • mf .��r�' SeCG.P z E -VERIFY IS R SERVICE OF OHS Company ID Number: 228037 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 274E 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. 3. 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 111. 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 Paye 4 of 13JE-Verify MMU for EmployerlRevision Date 10129/08 .VWVi. d h;- (W,) ✓/V^...VPHfV 1. o Qa"TNE , _- 1� � � APS SEG �r�Vns6,r e I (liliil;4�Z E.. VERI:Y IS A SERVILE OF DHS Company ID Number: 228037 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 non confirmation, 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 isnot work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call &Verify -at 1-888464-4218 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 2746 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 2746 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 'I 31E -Verify MOU for Employer( Revision Date 10/29/0£3 ,i.;,; ,v,ra il= . f:. V;„°1 fV .,L SEC CA, t, mE-VERIFY fy, I ----MjJMMMMJ�u VICE OF VM -Ven Company ID Number: 228037 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 purpose's. 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. 11111 Z -, "I I.. A •. - 1. The Employ . er 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 employmeht 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 8 of 131E -Verify MOU for EmployerlRevision Date 10129/08 yn'vyy dh'," SEC, '"f �xi-�'� ZJ, WwrlTI1� E-VERTFY TS SEFYICE C�? OHS Company ID Number: 228037 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 I-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, onto 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,_ Pager 7 of 13IE-Verifij MOU for Employer(Revision Date 10/29/08 �erxry , o`q,4 SlCG 5. P—o,� Msrnr ,,I W, �- Y'. LVRIMME-VERIFY IS F SERVI.E ^F DHS Company ID Number: 228037 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 f 3JE-Verify MOU for Employerl Revision Date 10/29/08 Y4 M,111`'- -Vermf - iM E'-VERIFY IS A SERVICE OF DHS Company lD Number: 228037 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, cr 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 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 MCU and will not cause the need for a supplemental MOU that outlines these changes. DHS agrees to train employers on all changes made to E - Verify through the use of mandatory refresher tutorials and updates to the E -Verify User Manual, Even without changes to E -Verify; DHS reserves the right to require employers to take Page 9 of 131E -Verify MOU for EmployerlRevision Date 10/29/08 va7wvi; A FIs --q.,y,l; I N 541JtTy•� �4SEC if _ �'MI sc 11 3d��li�if'P,Sto.2 ......� „r E-V$MVY IS R SERVICE OF DHS Company ID Number: 228037 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 Tor 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 o113JE-Verify MMU for EmoloyerlRevision Date'10/29/08 o6a��En u�'4 EEc�'A 1�i '�ru+s��� IRE -Ver1rMF11� upwoj1111101 J10, TM E VERIFY IS A SERVICE' OF DRS Company ID Number: 225037 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 Proshot Concrete, Inc. Donald J Barnes Name (Please Type or Print) Electronically Skgned -Sirgnature Department of Homeland Security — Verification Division USCIS Verification Division Name (Please Type or Print) Title — - 07/06/2009 Date Title _ Electronr:allSi ed 07/0612009 Signature ` " Date Page 91 of 131E -Verify MOU for Employeri Revision Date 10/29/08 'V SEC 'N S" 0 mi fy. -FY I8'A SERVICE OF DHS Company ID Number: 228037 Information Required for the E -Verify Program Information relating to your Company: Company Name: Proshot Concrete, inc„ Company Facility Address: 41.58 Musgrove Drive Florence, AL 36630 Company Alternate Address: P.O. Box ,9636 Florence, AL 36630 County or Parish: LAUDERDALE Employer Identification Number: 206269497 North American Industry Classification Systems Code: 238 Parent Number of Employees: 20 to 99 Number of Sites Verified for: I Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: ® ALABAMA 1 site(s) Pago 12 of 13JE-Verify MOU for EmployerlRevision Date 10/29/08 Company ID Number: 228037 Information relating to the program Administrator(s) for your Company on policy questions or operational problems: Name: Donald J Barnes Telephone Number: (256) 764 - 5941 Fax Number: (256) 764 - 5946 E-mail Address: donnie@proshotconcrete.com Page 13 of 131E -Verify MOU for Employerl Revision Date 10/29/08 tr { w'�r••; oet� `i ,y 1 n�� SECL 4 - Ve rify E-VERIFY IS A SERVICE OF DNS Company ID Number: 228037 Information relating to the program Administrator(s) for your Company on policy questions or operational problems: Name: Donald J Barnes Telephone Number: (256) 764 - 5941 Fax Number: (256) 764 - 5946 E-mail Address: donnie@proshotconcrete.com Page 13 of 131E -Verify MOU for Employerl Revision Date 10/29/08 tr { w'�r••; (Complete the following if you have the E -Vero documentation and a current Affidavit of Work Authorization already on file with the State of Missouri. If completing Box C, do not complete Box B I certify that (Business Entity Name) MEETS the definition of a business entity as defined in section 285.525, RSMo pertaining to section 285.530, RSMo and have enrolled and currently participates in the E -Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services related to contract(s) with the State of Missouri. We have previously provided documentation to a Missouri Department that affirms enrollment and participation in the E -Verify federal work authorization program. The documentation that was previously provided included the following. ✓ The E -Verify Employment Eligibility Verification page OR a page from the E -Verify Memorandum of Understanding (MOU) listing the vendor's name and the MOU signature page completed and signed by the vendor and the Department of Homeland Security — Verification Division ✓ A current, notarized Affidavit of Work Authorization (must be completed, signed, and notarized within the past twelve months). Name of Missouri Department to Which Previous E -Verify Documentation Submitted: Date of Previous E -Verify Documentation Submission: Previous Bid/Contract Number for Which Previous E -Verify Documentation Submitted: (if known) Authorized Business Entity Representative's Name (Please Print) Business Entity Name E -Mail Address Documentation Verification Completed By: Buyer Authorized Business Entity Representative's Signature Date E -Verify MOU Company ID Number Date Domestic Products Procurement Act — RSMo 34.350 — 34.359 Certification Each contract for the purchase or lease of manufactured goods or commodities by any public agency, and each contract made by a public agency for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States. (34.353.1 RSMo) Project Name: Merriwether Storm Tunnel Rehab Project Number: _ DNR-SW-E7D7FD50B471 Contract Name: Project # 2132 Merriwether Storm Tunnel Rehab 0 Please check one of the following and sign where indicated. All of the manufactured goods used in the project are produced in the Unified States. A waiver is being requested from the to the domestic (owner) products provision due to the following exception: ❑ The specified products are not manufactured or produced in the United States in sufficient quantities or manufactured or produced in the United States within the necessary time frames in sufficient quantities. ❑ The cost for the specified products would increase the contract by more than 10 percent*; or ❑ Only one line of a product is manufactured or produced in the United States. Documentation of at least one of the cases above must be provided. List below the materials that cannot comply with the Domestic Product Procurement Act provisions. ❑ Additional sheets (attach if necessary) Proshot Concrete. Inc Name of Contracting Firm &�& e" 0,", 11-11-24 Signature J Date Anthony McDou le, President'''' 5 J OMB Control No. 2030-0020 Approval expires 04/30/2021 DNR-SW-E7D7FD50B471 ARPA Project Number The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Anthony McDougle, President Typed Name & Title of Authorized Representative °. i Signature and bate of Authorized Representative _. �'�'9lrr•iittii N/A Disclosure of ]Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 Nnn revei�ce fnr nnhlir hirrrlan rlienlncrniml Approved by OMB 0348-0046 1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid/offer/application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award , d. loan For material change only: e. loan guarantee Year quarter f. loan insurance Date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Prime Subawardee Enter Name and Address of Prime: Tier , if Known: Congressional District, if known: Congressional District, i known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, ifknown: 9. Award Amount, ifknown: 10. a. Name and Address of Lobbying Registrant b. Individuals Performing Services (including address if (if individual, last name, first name, MI): different from No. IOa) (last name, first name, MI): 11. Information requested through this form is authorized by " �'� ... title 31 U.S.C. section 1352. This disclosure of lobbying Signature: _�%t9�/i activities is a material representation of fact upon which reliance was placed by the tier above when this transaction Print Name: Anthony McDougle a '° was made or entered into. This disclosure is* required ;aSEAL pursuant to 31 U.S.0 1352. This information will be reported to the Congress semi-annually and will be available for publics Title' President 9 inspection. Any person who fails to file the required disclosure sliall be subject to a civil penalty of not less than Telephone No.: 256-764-5941 Date:. 11=1'�1,,'�4 $10,000 and not more than $100,000 for each such failure. fit p 114 1W Federal Use Only Authorized for Local Reproduction Standard Form - LLL (Rev. 7-97) INSTRUCTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1 st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. S. If the organization filing the report'in item 4 checks "Subawardee," then enter the full name, address, city, State and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item I (e.g., Request for Proposal (RFP) number; Invitations for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes, e.g., "RFP -DE -90-001." 9. For a covered Federal action where there has been an award or loan commitment by (he Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in'itetn 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure .Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his/her name, title, and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 0348-0046. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0.348-0046), Washington, DC 20503 EXHIBIT AFFIDAVIT OF OSHA TRAINING CONIES NOW (\Tame) Anthony McDougle as (Office Held) President of (Company Name/Contractor) Proshot Concrete, Inc and first being duly sworn, on my oath, affirm in connection with the contracted services related to MerrLEethei Storm nn 1 Rehab (Project Name) for the duration of the contract, as follows: 1. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the 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 Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo. 2. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the Project commences, as required by Section 292.675, RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. 4. Contractor shallrequire 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 ($2,500.00), plus one hundred dollars ($100.00) for each employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such employee is employed without the training 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 Missouri Department of Labor and Industrial Relations. 7. Contractor acknowledges that in the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract. OSHA -1 FURTHER AFFIANT SAITH 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,'Jir" penalties provided in Section 575.040, RSMo.) Proshot Concrete, Inc (name Of Corporation) By: 2nmb (name of officer ofcorporationand title) Anthony McDougle,tPte8idetV\ ATTEST: 'a Barnes, Assistant Corporate Secretary Yds rrx�um titin �� po ,LO P S'f ATE Vj W ­,7E !lW1Wq_W7y%,'4abama , ss. COUNTY OF Lauderdale On this 11th day of November—, 20 24- . before me appeared Anthony McDougle to me personally known, who, being by me duly sworn, did say that he/she is the of Proshot Concrete, Inc Florence, , a I%XNN�i Corporation, and that the seal affixed to the foregoing instrument is the seal of said Corporation, and that the said instrument was signed and scaled in behalf of said Corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my band and affixed my official seal, at Missourithe day an ear first above written. my office in ,Missouri, I Florence, Notary Public Connie Sue Dill My Commission Expires: 7-26-26 OSHA - 2 ANTI -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600, a public entity shall not enter into a contract to acquire or dispose of services, supplies, information technology, or construction valued at $ 100,000 or more, or with a contractor having ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shall not, for the duration of the contract, engage in a boycott of - Goods or services from the State of Israel; Companies doing business in, or with, Israel; Companies authorized by, licensed by, or organized under, the laws of the State of Israel; or Persons or entities doing business in the State of Israel; For a definition of the term "boycott", please refer to RSMo. §34.600.3. A copy of the statute is attached. By signing below, the Contractor agrees and certifies that it does not currently, and will not for the duration of this contract, engage in any of the types of boycotts listed above. IN AFFIRMATION THEREOF, the undersigned states that the facts stated above are true and correct, and that he/she understands that false statements made in this filing are subject to,thp..,, penalties provided in Section 575.040, RSMo. Proshot Concrete, Inc (Name of Corporation) By: (Name of Officer of Corporation and Title) Anthony McDougle, President ATTEST: WV" Secretary (or other officer) Donnie Barnes, Assistant Corporate Secretary c vd- ION) 3 ]KE, L .......... .2008 1001,P1 Jill 1%%J'A STATE OF Alabama ) ss. COUNTY OF Lauderdale ) On this 11 Zday of November , 24 24 , before me appeared Anthony McDougle , to me personally known, who, being by me duly sworn, did say that he/she is the President of Proshot Concrete Inc Alabama a MWN€9 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 instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand. and affixed my official seal,;: . at my office, the day and year first above written. Notary Public Connie Sue Dill My Commission Expires: 7-26-26 PENAL SUM FORM BIDDER BIDDER a e a -4 ress: MR.troosoMftonNe�te, Inc. 4158 Musgrove Drive,_ Florence, AL 35630 8VRETV6Vgme and Address d-P—rkncJPdPlace of B v s ----x1piffJ Fidelity and Deposit!qo-mpany of Marland .1299 ZURICH WAY, 10TH FLOOR, SC-HAUMBURU-1j,60196 - 1056 Ad jd�qss City of Cape Girardeau 44 N. L6rimier Street &JIDD Cee Girardeau, MO 63701 BIT) DUE DATE: PROJECT (BriefDesorivilon Including Location): Merriwether Tunnel Rehab AQND BOND NUMBER: Bid Bond DATE: (Not later than Bid Due Date),November 13, 2024 PENAL SUM: Five Percent of Amount Bid (5%) IN WITNESS WHEREOF, Surety and Bidder, Intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause th1P,Bj0,B.ond to be duly executed on its behalf by Its authorized officer, agent, or representative. BIDDER SURETY Proshot Concrete, Inc. Citv of Cnne. Girnrdenii Bidder's Name and Corporate Seal orate e 6L Hand Riqe, By; Attornw !AP4� 17), 2! moi.i -in-Fact Signature and Tit Anthony MCL)OU91 si e nature and Title(Attach Power of Attorney) P 4" Attest: Signature and Title Donald Barnes Signature and Title Grant Simmons, Account ManagRef'q1" Assistant Corporate Secretary NOTE: (1) Above addresses are to be used for giving required notice, (2) Any singular reference to Bidder, Surety, Owner or other party shall be considered plural wh applicable, "0 4-1 EJCDC NO, 1910-28-C (1990 Edition) I BB -1 1. Bidder and Surety, jointly and severally, bind theselves, thoir heirs, executors, administrators successors and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. 2. Default of Bidder shat occur upon the failure of Bidder to deliver within the time required by the Biding Documents the executed Agreement required by die Bidding Documents and any performance and payment bonds required by the Bidding Documents and Contract Documents, 3, This obligation shall be null and void if, 3.1 Owner accepts Bidder's bid and Bidder doliurs within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreonent required by the Bidding deuments and any performance and payment bonds required by the Bidding Documents and Conraet Documents, or 3,2 All bids are rejected by Owner, or 3,3 Owner falls to issue a notice of award to Bider within the time specified In the Bidding Dooments (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by paragraph S hereof) 4, Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after recipt by Biddor and Surety of written notice of default from Owner, which notioo will be given with reasonable promptness, Identifying this Bond and the Project and Including a statement of the amount due. 5, Surety waives notice of and any and all defers based on or arising out of any time extension to Issue notice of award agreed to In writing by Owner and Bidder, provided that the time for issuing notice of award including extensions shall not in the aggregate exceed 120 days Rom Bid Duo Date withouSuroty's written consent. 6. No suit or action shall bo commenced under this Bond prior to 30 calendar days after the notice of default required in paragraph 4 above is received by Bidder and Surety, and in no base later than one year after Bid Due Date 7, Any suit or action under this Bond shall be cotmenoed only in a court of competent jurisdiction loated in the state in which the Project is located. 8. Notice required hereundor shall be In writing and sent to Bidder and Surety at their respeoWe addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier or by United States Registered or Cortiftod Mail, return m ceipt requosted, postage prepaid, and shall be deemed to be offootive upon recelptby the party concerned, 9. Surety shall cause tc be attached to this Bond a current and elTeetive Power of Attorney evidencing the authority of the officer, agent or representative who executed this Bond on behalf of Surety to execute, seal and deliversuch Bond and bind the Surety thereby, 10. This Bond is intended to conform to all applicable statutory requirements. Any Applicable requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as Ifset forth at length. If any provision of the Bond conflicts with any applicable provision of any applicable stat EJODC NO. 999028-0 (1990 Editlon) _--- -BB-2 utc, then the provision of said statue shall govern and the remainder of thls Bond that is not in oonfliot tharwith shalt continue in Nit force and effect. 11. Tho torn) "bid" as used herein includes a bid, offer or proposal as applicable. EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V, Section 8, Attorneys -in -Fact, The Chief Executive Officer, the President, or any Executive Vice President or Vice President may, by written .instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer. or any such attorney-in-fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice . President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of the By -Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney.. Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and. Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the.following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990.. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed. TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this °` day oY__Ylehber . i "�.+. �`pii11W51Ugq��OirY d9t�.1("e0fy��f�?rr Al A, ��i7gx�it .q�q�'P�yyj�so- SEAL lv 611 SEAL I "Iw SEAL'1poil "yl,* Y y i.��Y�N• `4 f l�•^�,9.�.. ^ ` ''fj� JPfj+rPltllllllliRl`t'`i� �` �`r�!/Irl/It714111tiEi<`O 0r{r r - Thomas 0. McClellan Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT INFORMATION TO: Zurich Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 repQrtsfclaims@zurichna.com 800-626-4577 Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert D, Murray, Vice President, in pursuance of authority granted by ArticleV, Section 8, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint to Bruce S. DENSON, JR, Sharon E. GRIFFITH, Grantland RICE, III, Gregg A. TATUM, Thomas J. BOLE, Grace BROWN of Birmingham, Alabama, its true and lawful agent and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York,, the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland,, and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed hislher names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24a' day By: Robert D. Murray Vice President c i� By: Dawn E. Brown Secretary State of Maryland County of Baltimore of January, A.D. 2024 0"�`+�y.sally��y, VU,j+INS1,10, Yp+HPWo / {sl•'".�,P C7Mp *•p'+�i'G'. o`*vQ`GF`;.PO u�9yCR pmn"PQq.'`.�.toah,� LN, S£AL a NN.,,...., ��'"• I?:i '�,,,A ,,,� '�.��NEVJ Y00�,+a��, ,'�h,�,rrW a„+•+`'` ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND On this 241s day of January, A.D. 2024, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D. Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, doposeth and saith, that he/she is the said officer of the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and the signature as such officer were duly affixed and subscrib'dd to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Genevieve M: Mai an l 11111,, +,tiE 44 a\ 0 f41. M 41SON NOTARY PU0110 :1,1�.NEVIEVE LTIMOREC.(JUWUG MP issionEx ifOsJANUARY27,2025 Authenticity of this bond can be confirmed at bondvali'dator.zurichna,com or 410-55945790 m ia ty 0 0 0 0 0 0 o 0 O o o O 0 o 0 N O O O O O O O O O A V 0 O O N r Z¢U OF O W � N9 fA f5 fA M w t9 y z � m O O O W J O~ U Z O O O O C6 M z 111>LLL I- y N W. J a W �II W y O O O O O O o ~ Z fA fA O M o U O O O O O V O za F U O o O voi O ro O o O h o y Z O Q 0 2 a > ¢ u. � w o 0 0 O 0 o 0 0 o 0 a 0 o 0 0 d O 6 o N d O d o d Q Ru� O O h W J O I- N fA u f9 N fA h fA W V SII O N Q � a c4 0 0 0 0 0 O 00 a o O O W U_ O O a O O o O N O O W J O ZJ Ci u0i_ o M m fE 2 W a' O N r N S4 W a o o o o O O o 0 0 F oa o o h o a O o 0 0 0o p w v o n F N Fry W N V3 t9 z W o 0 0 0 00 f W o 0 0 0 _ U Z O O O0 O o W a w 16 6 C5 1 a � 111 w Q E M J U' J Q o y a a � o � a 0 o a d � g u E ¢ 0 c 2 F h O F F N U � W _ a Staff: Jake Garrard, P.E., City Engineer Agenda: 12/2/2024 SUBJECT A Resolution Authorizing the City Manager to Execute an Agreement with Fronabarger Concreters Inc., for the Improvements to South Sprigg Street - from Shawnee Parkway/Route 74 to Southern Expressway in the City of Cape Girardeau, Missouri. EXECUTIVE SUMN ARY The improvements project consists of concrete street patching, removal and replacement of curb and gutter, milling of existing asphalt and new asphalt overlay, removal and replacement of sidewalks and driveway entrances within project right-of-way, installation of new water mains, point repairs of existing sewer mains and attached sewer wyes, replacement of entire and partial manholes, new curb inlets and stormwater pipe, adjustments of manholes, valves, and storm inlet lids to finished grade and any other related construction items as stated in the contract documents and drawings prepared by the City. BACKGROUND/DISCUSSION The project was publicly advertised, and bids were received on November 19, 2024. Four (4) bids were received. The bids ranged from $1,514,845.00 to 1,735,142.80. The low bid, submitted by Fronabarger Concreters, Inc. was $1,514,845.00. This was below the Engineers Estimate of Cost, which was $2,318,629.00. One (1) other bid was found after the bids had been opened. Because the proposal was not clearly marked as a bid, it was deemed to be unresponsive. FINANCIAL EMPACT The South Sprigg Street - Shawnee Parkway/Route 74 to Southern Expressway is being funded by the Transportation Trust Fund. STAFF RECONEMENDATION Staff recommends Council pass and approve a Resolution authorizing the City Manager to enter into a contract with Fronabarger Concreters, Inc. for the Improvements to South Sprigg Street. ATTACHMENTS: Name: Description: 13 24132 Agreement_Fronabar eg r Sprige_ Street _Improvements—Southem ftresswav to Shawnee.doc Resolution 13 Agreement with Fronabar eg r.ndf AGR with Fronabarger 13 Bid Tabulation signed.pdf Breakdown Of bids BILL NO. 24-132 A RESOLUTION EXECUTE AN CONCRETERS, IMPROVEMENTS PARKWAY RESOLUTION NO. AUTHORIZING THE CITY MANAGER TO AGREEMENT WITH FRONABARGER INC., FOR THE SOUTH SPRIGG STREET - SOUTHERN EXPRESSWAY TO SHAWNEE 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 Fronabarger Concreters, Inc., for South Sprigg Street Improvements - Southern Expressway to Shawnee Parkway (MO 74), in the City of Cape Girardeau, Missouri. The Agreement shall be in substantially the form attached hereto, which document is hereby approved by the City Council, and incorporated herein by reference, with such changes or amendments as shall be approved by the officers of the City executing the same. The officers, agents, and employees of the City are hereby authorized to execute all documents and take steps as they deem necessary and advisable to carry out and perform the purpose of this Resolution. PASSED AND ADOPTED THIS DAY OF , 2024. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk CITYOfCAPE G I R A R D E A U AGREEMENT - -- - - BETWEEN OWNER AND CONTRACTOR- FOR ONTRACTOR-FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The City of Cape Girardeau ("Owner") and Fronabarger Concreters, Inc. Owner and Contractor hereby agree as follows: ARTICLE 1— WORK ("Contractor") 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The improvements project consists of concrete street patching, removal and replacement of curb and gutter, milling of existing asphalt and new asphalt overlay, removal and replacement of sidewalks and driveway entrances within project right-of-way, installation of new water mains, point repairs of existing sewer mains and attached sewer wyes, replacement of entire and partial manholes, new curb inlets and stormwater pipe, adjustments of manholes, valves, and storm inlet lids to finished grade and any other related construction items as stated in the contract documents and drawings prepared by the City. ARTICLE 2 —THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Sprigg Street Improvements — Southern Expressway to Shawnee Parkway (MO 74) ARTICLE 3 — ENGINEER 3.01 The Project has been designed in-house. 3.02 The City Engineer or the City Engineer's 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 the completion of the Work in accordance with the Contract Documents. ARTICLE 4 — CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. E1CDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 7 Contract Times: Days B. The Work will be substantially completed within 300 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions within 330 calendar days after the date when the Contract Times commence to run. C. Once a street is disturbed by construction activities, it shall not be left for more than seven (7) consecutive days without progress towards completion being done. 4.02 Liquidated Damages A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed and Milestones not achieved within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with the Contract. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Substantial Completion: Contractor shall pay Owner $ 1225 for each day that expires after the time (as duly adjusted pursuant to the Contract) specified in Paragraph 4.02.A above for Substantial Completion until the Work is substantially complete. 2. Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner $ 1500 for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 — CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor's Bid, attached hereto as an exhibit. ARTICLE 6 — PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's Applications for Payment on or about the 10th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 7 established as provided in 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 elsewhere in the Contract. 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 Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract a. 95 percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer, then as long as the character and progress of the Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and b. 95 percent of cost of materials and equipment not incorporated in the Work (with the balance being retainage). B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 98 percent of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions. 6.03 Final Payment A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. ARTICLE 7 — INTEREST 7.01 All amounts not paid when due shall bear interest at the maximum rate allowed by Missouri's Public Prompt Payment Act. ARTICLE 8 — CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce Owner to enter into this Contract, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents. B. Contractor has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. If applicable, Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 7 E. Contractor has considered the information known to Contractor itself, information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and if applicable, the Site -related reports and drawings identified in the Contract Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (3) Contractor's safety precautions and programs. F. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract. G. 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. H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor's entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents. ARTICLE 9 —CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 1 to 7, inclusive). 2. Performance bond (pages to inclusive). 3. Payment bond (pages to ° , inclusive). 4. General Conditions and Supplementary Conditions (pages 1 to 70, inclusive). 5. Specifications as listed in the table of contents of the Project Manual. 6. Drawings (not attached but incorporated by reference) consisting of 22 sheets with each sheet bearing the following general title: Sprigg Street improvements Project, Southern Expressway to Shawnee Parkway (MO 74). 7. Addenda (numbers,to -1, inclusive). 8. Exhibits to this Agreement (enumerated as follows): a. Contractor's Bid Marked Exhibit A). 9. The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto: a. Notice to Proceed. b. Work Change Directives. EJCDCe C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 7 c. Change Orders. d. Field Orders. e. Affidavit of Compliance with Prevailing Wage f. Contractor's Warranty g. Contractor's Affidavit Regarding Settlement of Claims B. The documents listed in Paragraph 9.01.A are attached -to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in the General Conditions. ARTICLE 10 — MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. 10.02 Assignment of Contract A. Unless expressly agreed to elsewhere in the Contract, no assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, money that may become due and money that is 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. 10.03 Successors and Assigns A. Owner and Contractor each binds itself, its successors, assigns, and legal representatives to the other party hereto, its successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. 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. 10.05 Contractor's Certifications A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. Bidder must submit a completed Certification Regarding Debarment, Suspension and other Responsibility Matters as attachment to the Bid. For the purposes of this Paragraph 10.05: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process or in the Contract execution; EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 7 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 10.06 Other Provisions A. Owner stipulates that if the General Conditions that are made a part of this Contract are based on EJCDC® C-700, Standard General Conditions for the Construction Contract, published by the Engineers Joint Contract Documents Committee°, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or "track changes" (redline/strikeout), or in the Supplementary Conditions. EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. This Agreement will be effective on (which is the Effective Date of the Contract). OWNER: City of Cape Girardeau CONTRACTOR: Fronabarger Concreters, Inc. By: Dr. Kenneth Haskin Title: Citv Manager Attest: Title: Address for giving notices: Community Development, City Hall 44 N. Lorimier St. Cape Girardeau, MO 63701 By: Title: (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) Attest: Title: Address forgiving notices: Fronabarger Concreters, Inc. 3290 State Highway E Oak Ridge, MO 63769 License No.: (where applicable) EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price). Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 7 Exhibit A CITY0fCAPE RD i � A f t BID FORM PROJECT IDENTIFICATION: The improvements project consists of concrete street patching, removal and replacement of curb and gutter, milling of existing asphalt and new asphalt overlay, removal and replacement of sidewalks and driveway entrances within project right-of-way, installation of new water mains, point repairs of existing sewer mains and attached sewer wyes, replacement of entire and partial manholes, new curb inlets and stormwater pipe, adjustments of manholes, valves, and storm inlet lids to finished grade and any other related construction items as stated in the contract documents and drawings prepared by the City. CONTRACT IDENTIFICATION: Project Name: Sprigg Street Improvements —Southern Expressway to Shawnee Parkway (MO 74) City Project Number: 6252 Issue Date: October 2024 EJCUC* C-410, Bid Form for Construction Contracts. Copyright @ 2013 National Society of Professlonal Engineers, American Council of Englneering'Companies, and American Society of Civil Engineers. All rights reserved. Page 1 TABLE OF CONTENTS Page ARTICLEI — Bid Recipient.............................................................................................................................1 ARTICLE2 — Bidder's Acknowledgements.....................................................................................................1 ARTICLE3—Bidder's Representations..........................................................................................................1 ARTICLE4 — Bidder's Certification................................................................................................................. 2 ARTICLE5 — Basis of Bid...........................................................................................................................2 ARTICLE6 —Time of Completion............................................................................................................... 3 ARTICLE7 --Attachments to this Bid............................................................................................................. 3 ARTICLEB —Defined Terms........................................................................................................................... 3 ARTICLE9— Bid Submittal..........,...................................,,.......................,...................................................... 3 FJCDC• C•410, old Parm for Construction Contracts. Copyright 0 Zola National Satiety of professional Engineers, American Council of Enginearing companles, and American Soclatjfof Civil Engineer. All rights reserved. page 11 ARTICLE 1— BID RECIPIENT 1.01 This Bid is submitted through the City's E -Procurement system. 1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents -fitly pFlces an wl fiii the times indicated In this Bid an in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 — BIDDER'S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 — BIDDER'S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda: Addendum No. Addendum, Date �_ 11 I 1.3 l ?.Li B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and has satisfied itself as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all, if any: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings. E. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and any Site -related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder's safety precautions and programs. EJCDC* 0.410, aid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American society of Civil Engineers. All rights reserved. Page 1 F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price bid and within the times required, and In accordance with the other terms and conditions of the Bidding Documents, G. Bidder is aware -of the.general nature.of work to be performed by Owner and others at the Site that relates to the Work as Indicated in the. Bidding Documents. M. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and confirms that the written resolution thereof by Owner Is acceptable to Bidder. I, The Bidding Docyments are generally sufficient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work. J. The submission of this Bid constitutes an incontrovertible repradentation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the. Work required by the Bidding Documents. ARTICLE 4 -- DIDDER'S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the, interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited•any other Bidderto submit a false or sham Bid; C. Bidder has not solicited or Induced any individual or entity to refrain from bidding; and D. Bidder has not engaged. In corrupt,.fraud.ulent collusive, or coercive practices In competing for the Contract. For the purposes of this Paragraph 4,01.D; 1. "corrupt practice" means the offering, giving, receiving, or sollditing of anything of value likely to influence the action of a public official In -the bidding process; 2. "fraudulent practice" means an Intentional misrepresentation of facts made (a) to Influence the bidding process to :the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels,, or (c),.to deprive Owner of the benefits offree and open competition; B, "collusive practice" moans a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of•which Is to .establish bid prices at artificial, non•compdtitive levels; and 4. "coercive practice" means harming or threatening to harm, directly or Indirectly, persons or -their property to influence their participation In the bidding process oraffet t the executloh of the Contract. ARTICLE S — BASIS OF BID 5.01 Bidder will complete the Work in accordance with -the Contract Documents for the prices) documented on the E -Procurement Bid Form. MCDC* C•410, Old Dorm for. construction Contracts. Capiyright-0 2018 National Society of.Profassional Snginaars, American Council Of an8ineering Campanlaa, and. American Society of Civil lInginaers. All rights reserved. Pago 2 Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor's overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. iWLE-6 TIME OF COMPLETIUN 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement. 6.02 Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 — ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid security; B. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such license within the time for acceptance of Bids; C. If applicable, Contractor's License No.: �4 [or] Evidence of Bidder's ability to obtain a State Contractor's License and a covenant by Bidder to obtain said license within the time for acceptance of Bids; D. Required Bidder Qualification Statement with supporting data; E. Affidavit of Work Authorization; F. Affidavit of OSHA Training; G. Anti -Discrimination Against Israel Act Certification; and H. Certification Regarding Debarment, Suspension and Other Responsibility Matters. ARTICLE 8 — DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. ARTICLE 9 -- BID SUBMITTAL BIDDER: [indicate correct name of bidding entity] mV\Aba1u [Signature] (Signature] [Printed name] p,1\1' INC \1U1 k ti,f\ \ (If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, at— tach evidence of authority to sign) EJCDC®C-410, Bid Form for Construction Contracts. Copyright © 2013 National Society of Professional Engi nee rs, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved, Page 3 Attest: [Signature] (Printed name] i�il_G-f t UGr�=>Z Title: ���c;�n,► Submittal Date: Address for giving notices: Telephone Number: 7 (01 p� ')2,j2 Fax Number: (5-7 3) 9 —32.35 Contact Name and e-mail address: Dwjd Mc.Wffi'm `aa�i�c��, mna �rcaer. COM Bidder's License No.: f q2q (where applicable) EJCDC® C-410, Bid Form for Construction Contracts. 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Please call with any questions or comments. Sincerely, David McMullin %CONCRETERS. INC. G 711- C o� COMMUNITY DEVELOPMENT WIN DAVID MCMULLIN 3290 STATE HWY E OAK RIDGE, MO 63769 THIS LICENSE CERTIFIES THAT DAVID MCMULLIN has been registered as a construction trades contractor with of the City of Cape Girardeau, MO. The required fee having been paid, the above named is hereby authorized to work in the listed trades for a period from 03/04/2024 to 03/01/2025 unless suspended or revoked by law. 1. CONSTRUCTION CONTRACTOR #2696 POST IN A CONSPICUOUS PLACE CITY CAPE G h R A R® E AU COMMUNITY DEVELOPMENT DAVID MCMULLIN 3290 STATE HWY E OAK RIDGE, MO 63769 THIS LICENSE CERTIFIES THAT DAVID MCMULLIN has been registered as a construction trades contractor with of the City of Cape Girardeau, MO. The required fee having been paid, the above named is hereby authorized to work in the listed trades for a period from 03/04/2024 to 03/0112025 unless suspended or revoked by law. 1. CONSTRUCTION CONTRACTOR #2696 POST IN A CONSPICUOUS PLACE Office Copy Contractor's License 202 u' License Number 1424 Issue Date 03/04/2024 Expiration Date 03/01/2025 Category TRADE LICENSE Type TRADE CONTRACTOR T.ofal Reserved $45 OI am,,,k /. • Contractor's License 1®24 License Number 1424 Issue Date 03/04/2024 Expiration Date 03/01/2025 Category TRADE LICENSE Type TRADE CONTRACTOR NON -TRANSFERABLE John R. Ashcroft Secretary of State 2024 ANNUAL REGISTRATION REPORT BUSINESS SECTION 1, 3 & 4 ARE REQUIRED REPORT DUE BY: 4/30/2024 00284820 FRONABARGER CONCRETERS, INC. GLENN W.FRONABARGER 3290 STATE HIGHWAY E OAK RIDGE MO 63769 00284820 Date Filed: 3/7/2024 John R. Ashcroft Missouri Secretary of State RENEWAL MONTH: JANUARY ❑ 1 OPT TO CHANGE THE CORPORATION'S RENEWAL MONTH TO FOR A $25.00 FEE PRINCIPAL PLACE OF BUSINESS OR CORPORATE HEADQUARTERS: 3290 State Hwy E (Required) 1 STREET Oak Ridge MO 63769-5100 CITY / STATE ZIP If changing the registered agent and/or registered office address, please check the appropriate box(es) and fill in the necessary information. ❑ The new registered agent IF CHANGING THE REGISTERED AGENT, AN ORIGINAL WRITTEN CONSENT FROM THE NEW 2 REGISTERED AGENT MUST BE ATTACHED AND FILED WITH THIS REGISTRATION REPORT. ❑ The new registered office address Must be a Missouri address, PO Box alone is not acceptable. This section is not OFFICERS NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). MUST L15T PRE51DENT AND SECRETARY BELOW PRESIDENT McMullin, David STREET 377 Hydepark Drive CITY/STATE/TIP Jackson MO 63755 SECRETARY Tucker, Kelly STREET 3292 State Hwy E 3 CITY/STATE/ZIP Oak Ridge MO 63769 VICE PREMOENT Tucker, Kelly STREET 3292 State Hwy E CITY/STATE/ZIP Oak Ridge MO 63769 TREASURER McMullin, David STREET 377 Hydepark Drive CITY/STATE/ZIP pplicable for Banks, Trusts and Foreign Insurance. BOARD OF DIRECTORS # NAME AND PHYSICAL ADDRESS (P.O. BOX ALONE NOT ACCEPTABLE). MUST LIST AT LEAST ONE DIRECTOR BELOW NAME McMullin, David STREET 3290 State Hwy E CITY/STATE/ZIP Oak Ridge MO 63769-5100 USA NAME STREET CITY/STATE/ZIP NAME STREET CITY/STATE/ZIP NAME STREET Jackson MO 63755 I CITY/STATE/ZIP NAMES AND ADDRESSES OF ALL OTHER OFFICERS AND DIRECTORS ARE ATTACHED The undersigned understands that false statements made in this report are punishable for the crime of making a false declaration under Section 575.060 RSMo. Photocopy or stamped signature not acceptable. 4 IAuthorized party or officer sign here David McMullin (Required) Please print name and title of signer: David McMullin / President NAME TITLE REGISTRATION REPORT FEE IS: WHEN THIS FORM IS ACCEPTED BY THE SECRETARY OF STATE, BY LAW _$20.00 If filed on or before 4/30/2024 IT WILL BECOME A PUBLIC DOCUMENT AND ALL INFORMATION _$35.00 If filed on or before 5/31/2024 PROVIDED IS SUBJECT TO PUBLIC DISCLOSURE ,_$50.00 If flied on or before 6/30/2024 _$65.00 If filed on or before 7/31/2024 ADD AN ADDITIONAL $25.00 FEE IF CHANGING THE RENEWAL MONTH. E-MAIL ADDRESS (OPTIONAL): RF,Ql11RED INFORMATION MUST BE COAIPLFI'F. OIl THE REGISTRATION REPORT %VII,L BE RT.IECI'FI) REI'UI(N COMPI.E.TED REGISTRATION REPORT AND PAYMENT TO: Secretary of Stale, P.O. Box 778, Jelli:rson City, MO 65102 Bidder Qualification List: Jobs Completed FRONABARGER CONCRETERS, INC. The last five years: Center Junction 2020 Penzel Construction Cape Girardeau, MO Contract $7,681,523.46 Route 60, New Madrid/Stoddard Counties 2020 Missouri Department of Transportation Contract $1,709,501.39 Dialysis Center 2020 McGrath Construction Cape Girardeau, MO Contract $401,493.32 McDonald's 2021 A&K Construction Cape Girardeau, MO Contract $397,617.70 Star Vue Apartments 2021 Double Diamond Construction Cape Girardeau, MO Contract $673,568.00 Nestle BIB Building 2021 Robinson Construction Perryville, MO Contract $454,496.00 West End Blvd. 2022 City of Cape Girardeau Cape Girardeau, MO Contract $4,606.427.50 Sikeston Highway 61 Widening 2022 Missouri Department of Transportation Sikeston, MO Contract $1,6471829.48 Capaha Park 2022 Zoellner Construction Cape Girardeau, MO Contract $626,361.15 REC Investments Subdivision 2022 REC Investments Sikeston, MO Contract $856,170.00 City of Jackson Water Line 2022 City of Jackson Jackson, MO Contract $926,315.00 Pace Construction Various Routes 2023 Missouri Department of Transportation Various Counties Contract $1,148,963.40 Lutesville Ford 2023 Penzel Construction Marble Hill, MO Contract $61.0,527.24 Cape Emergency Operations Center 2023 Sides Construction Cape Girardeau, MO Contract $560,406.91 Cape Airport Terminal 2023 KCI Construction Cape Girardeau, MO Contract $646,899.00 Cape Girardeau Drainage Improvements 2023 City of Cape Girardeau Cape Girardeau, MO Contract $660,754.00 Fronabarger Concreters, Inc. 3290 State Hwy E Oak Ridge, MO 63769 May 7, 2023 Mr. Jake Garrard, PE City Of Cape Girardeau 44 N Lorimier St. Cape Girardeau, MO 63701 RE: Bidders Qualifications Dear Mr. Garrard: In 1976 Glenn Fronabarger established Fronabarger Concreters Inc., as a concrete flat work company. Originally working with residential contractors, Fronabarger Concreters has grown into a commercial contractor specializing in concrete flat work, site development and heavy highway contracting services. With a fleet of excavation, hauling, and specialized concrete equipment, Fronabarger Concreters works with MoDOT, local municipalities, general contractors, and developers on a wide range of civil construction projects. Fronabarger's concrete flat work includes the ability to place large floors for commercial and industrial projects, install streets and site concrete including sidewalks, curb & gutter, and parking lots. Fronabarger Concreters is the only flat work company in Southeast Missouri that has concrete pumps, laser screeds and large-scale concrete finishing machines. Fronabarger employs Union Finishers and Union Laborers, most of which have been with the company for more than 5 years. Lead Finishers for this project have ACI Concrete Flatwork Technician certificates. Finishers for the decorative portions of this project have over 15 years of Cement Finishing experience and have been involved in numerous decorative concrete projects including colored concrete, stamped concrete, exposed aggregate concrete and acid staining. Please call with any questions or concerns. Sincerely, David McMullin President -4•_�_Fronabarger L ICONCRETERS, INC. EXHIBIT AFFIDAVIT OF OSHA TRAINING CONIES NOW (Name)DA\A MCRUW0 as (OEflce Held)� S�1 ]`t of (Company Name/Contractor) Fl and first being duly sworn, on my oath, affirm in connection with the contracted services related to SVMt T ' — IUfim '1 (Project Name) for the duration of the contract, as follows: 1. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSIIA) construction safety program for all employees who will be on-site 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 Missouri Department of Labor and Industrial Relations which is at least as stringent as an approved OSHA program as required by Section 292.675, RSMo. 2. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the Project commences, as required by Section 292.675, RSMo. 3. Contractor acknowledges and agrees that any of Contractor's employees found on the Project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the Project. 4. Contractor shall require all of its Subcontractors to comply with the 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 ($2,500.00), plus one hundred dollars ($100.00) for each employee employed by Contractor or its Subcontractor, for each calendar day, or portion thereof, such employee is employed without the training 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 Missouri Department of Labor and Industrial Relations. 7. Contractor acknowledges that in the event that the Missouri Department of Labor and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred and that a penalty shall be assessed, the City shall withhold and retain all sums and amounts due and owing when making payments to Contractor under this Contract. OSHA -1 FURTHER AFFIANT S-AITH 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.) EIbar�er CDDCYr';if�s IhG (name of corporat'lon) By: David Mckouth I aW�nt (name of officer of corporation and title) ATTEST: . cret. (or other officer) (SEAL OF CORPORATION) STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this gay of 20, before me appeared DaV1d MCM\llCl , to me personally known, who, being by me duly sworn, did say that he/she is the kCe -:id .l[* of EbnabaLQ G�nCxr tern ane, 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 instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and yer first above written. Notat Public My Commission Expires: �z OSHA - 2 KARA WHITLEDGE WESTRICH Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County FMy Commission Expires: March 14, 2025 Commission #!17727981 EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION -- - - — CONIES NOW (Name)a WlWykry as (Office Held) PMS(&.M- of (Company Name/Contractor) F-Wqk' ('fly CIti r,) Inc, and first being duly sworn, on my oath, affirm as follows: 1. (Company Name/Contractor)_'chY�barCleJf' C�'nCS�PrS Ih% is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to (Project Name) S� �VelY1P5' L?Yt�.SgNIaU 'k0 for the duration of the contract in accordance with RSMo �ar� L ha9 Q ter _85.530(2). 2. I also affirm that (Company Name/Contractor) Fi4'(1c1�0a4?71Pk' Ut UtV& k&does not and will not knowingly employ a person who is an unauthorized alien in connection with the contract services related to (Project Name) - Smft a Yn or the duration of the contract. F-Kpf&S" -Al 94)d WL � MU 7+ 3. Attached hereto is documentation affirming Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. FURTHER AFFL,-\NT SAITH 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.) FnaPr C�YtG'c� Ih C (Name of Corporation) By: DAy i d McMullen , �'reaS� dQ x�t (Name of Officer of Corporation and Title) ATTEST: �,0�t J(A-1 Sec to (ovdffier officer) (SEAL OF CORPORATION) FURTHER AFFIANT SMTH 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.) annbQyaer ConCiT ttm tyne, (name of corporation) By: Davin yCkouth 3 Oaskduak- (namc of officer of corporation and title) ATTEST: . creta (or other officer) (SEAL OF CORPORATION) STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU } On this 2&y of 2�, before me appeared pamid MCMUlp , to me personally known, who, bean by me duly sworn, did say that he/she is the k�e-,' 1C)41('e ' of FA%nab1WU--- �nC 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 instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and ye r first above written. Notatj Public My Commission Expires: �v OSHA - 2 KARA WHITLEDGE WESTRICH Notary Public - Notary Seal STATE OF MISSOURI Cape Girardeau County My Commission Expires: March 14, 2025 Commission #17727981 ANTI -DISCRIMINATION AGAINST ISRAEL ACT CERTIFICATION Pursuant to RSMo. §34.600, a public entity shall not enter into a contract to acquire or dispose of services, supplies, information technology, or construction valued_ at $100,000_ or more, or with a contractor having ten or more employees, unless the contract includes a written certification that the person or company is not currently engaged in, and shal l not, for the duration of the contract, engagc in a boycott of: Goods or services from the State of Israel; Companies doing business in, or with, Israel; Cornpanies authorized by, licensed by, or organized under, the laws of the State of Israel; or Persons or entities doing business in the State of Israel; For a definition of the term "boycott", please refer to RSMo. §34.600.3. A copy of the statute is attached. By signing below, the Contractor agrees and certifies that it does not currently, and will not for the duration of this contract, engage in any of the types of boycotts listed above. IN AFFIRMATION THEREOF, the undersigned states that the facts stated above are true and correct, and that lie/she understands that false statements made in this filing are subject to the penalties provided in Section 575.040, RSMo. Ewabar & CnhCmJ-tern w1 . (Name of Corporation) By: paid M UWAko ?tu cturt (Name of Officer of Corporation and Title) ATTEST: S retai (or other officer) (SEAL OF CORPORATION) STATE OF �il.l SSOUin ) ss. COUNTY OF CA1?Q, nn`` On this �7day of 1Lt, l ! 209q before me appeared Day 1(i K CMU V\ , to me personally known, who, being by me duly sworn, did say that he/she is the OT &dz-T y of 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 instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: Z&v—C'� t LI.90as Notary Public KARA WHITLEDGE WESTRICH Notary Public - Notary Seal STATEOF MISSOURI Cape Girardeau County My Commissipn Expires: March 14, 2025 Commission #17727981 G 9. .R A Y O ® .f A. U Certification Regarding Debarment, Suspension and Other Responsibility Matters The contractor hereby certifies to the best of its knowledge and belief and that it and its principals and its subcontractors and their principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency; (b) Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this subcontract had one or more public transactions (Federal, State or Local) terminated for cause or default. I understand that a false statement on this certification may be grounds for rejection of this contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $ 10,000 or imprisonment for up to five (5) years or both. Lavtd me-WAWn , P�cPSidQXt-� Typed Name & Title of Authorized Representative Sigriliture of Authorized Representative Date ❑ I am unable to certify to the above statement. My explanation is attached. STATE OF ) ss. COUNTY OF CYDE �C3'trardetatl ) On this day of `C h . �! 2004, before me appeared Day1d �C'MU1�1h to me personally known, who, being by me duly sworn, did say that he/she is theSSI M -V ofd @M Cr rTrg Cjn InC , 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 instrument to be the free act and deed of said Corporation. IN TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my official seal, at my office, the day and year first above written. J—<.,, -1 Notary Public My Commission Expires: KARA WHITLEDGE WESTRICH Notary Public -Notary Seal STATE OF MISSOURI Cape Girardeau County My Commissipn Expires: March 14, 2025 Commission #17727981 a UNITED EIRE & CASUALTY COMPANY 118 Second Avenue SE, PO Box 73909 Cedar Rapids, Iowa 52407-3909 319-399-5700 (A Stock Company) BID BOND KNOW ALLBY—THESE PRESENfS,—tftat7we— FRONABARGER CONCRETERS, INC. 3290 STATE HWY E, OAK RIDGE, MO 637695100 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 44 N Lorimier St, 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 Sprigg Street Improvements - Southern Expressway to Shawnee Parkway (MO 74) 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. Signed and sealed this 191h day of November 2024 y (WITNESS) CONT 0001 0899 FRONABARGER CONCRETERS, INC 6� )- — �i ��1�` 'J�� (Seal) f (PRINCIPAL) (TITLE) UNITED FIRE & CASUALTY COMPANY (Seal) (SURETY) I NE ) (ATTORNEY-IN-FACT) &.11n UNITED� TAt iae"A ,lCtR SCUMPANY C�TAT; T7b1119 NNTItVyTNNITY COMPANY, WiBSI City, of Capp Girardeau 44 N Lcrllnier St, Cape TrINANtC'IAL PACIFIC INSURANCE COMPANY, Ts�� '°tn1 T.>a�hiCA <' l`•°'cT(ru�eau;. Mt7 �3yilrt 1 r r i ^ J INtfiIJRANCE CGTxTTTrTRII COPY OX' .i`:. POWER OF AT ..:',. 7 �.a _.t (original on file at Home Offtoo of Company - Boo CortiHoation) KNOW ALL PERSONS BY THESi; PRESENTS, That UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under die Paws of the State of Iowa; UNITED FIRE & INDEMNITY COMPANY,, it corporation duly organized and existing under the laws of ilio State of Texas; and FINANCIAL PACIVIC INSURANCE COMPANY, a corporation duly organized and existing under ilia laws of the State of California (herein collectively called ilia Companies), and having their corporate heudquarters. in Cedar Rapids, State of lows, does make, constitute and appoint Cifiigl�H M YOU.N R6. bf=iJ, PRICILLA p. HUNTER, TODD A. WARD, RES900A STEVENS, KRISTEN A BATSON, JAMIE STEGgIRI NlEIAN17A L. C AR.Y 9,ARAJAN�i(�i�IVIDUALLY °.�. (_,... .. .: �t r ... .t .• ...... .. R:t IT r their true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, sbal and oxcouto in its babalf all krwihl bonds, undertakings and other obligatory Instruments of similar nature, provided that no sin, le.pblfgation shall axgatid. SB,pt10,0D0.Op and to bind the Companies thereby as Hilly and to ilia some extent as iFsuch instruments were signed by the duly authorized Wows of the Companies and all of U74 sp�'id2� lRl tq ;tpur7i(dri rd the' tithtt sty h" ib i �y i it0. iereby ratifl'ed and confirmad. The Authority hereby granted shrill expire Nlaait Illi, 2020 •+•'= •--••nnlgss s�otteaevdka sly UNITED FIR7J & CASUALTY COMPANY, UNITEDFIRE & INDEMNITY COMPANY,,.A,NCIA�',� .CIFIC JNS`Ult . N.CE.I f..MPANYV,,,.,: _jnn>l �.�^' r ~ 'tf f This PtiWar'bi`Alt i triad ani{'exeatTthil p�YrsWitt. t'ts' i hir' ITy it,1116, Piky of the following bylaw duly adopted by the Boards of Directors of UNITED FIRE & CASUALTY, COMPANY, UNITEDTIRE & iNDEMNITY COMPANY,, and, FINANCIAL PACIFIC INSURANCE COMPANY, "'Ardele Vl-.Surety Bonds and,Undertaldrigs" Section 2, Appointment of: Attorney;hiNFuat. ' Thu "Irrasfdtint or any Vice P'rosidout, or. any other dmd"er of ilia. Companies may;. fFom time to tittle,, appul"t by written cordfieatesattomays•hi-ihct to act In .behalf of ilia Companies in (huexecution of poilolus.of insuranea, bonds, undettaklogs and'othar obilgatory. Instrgman.wof like, nature. The signature of any officer authorized hereby, and the Corporate seal, may be affixed by.the9lmiic to any power of attompy ar spaolal Dewar of attorney+ or Aartltf'pallon of either authorized hereby; -such sigua(uro and sent, when so used, being adopted by the Companies as the original signature of such officer and the original scat of the Companies, to bo valid and binding upon the Companies with the same force and effbai as though manually affixed. Such attor oysrin-Ihal, subject to the limitations not forth in their rospeotive certiflcntos of authority shall have full power to bind ilia Companies by their signature ond•:excoudon ofany such instruments and. to Attach the scat of die Counpanlas (hereto. The Prosidcnt.or any Vice ?-resident, Ilia Board of Directors or any other offlcor of the Companies may at any time. revoke all power and authority p`rev ou�iq� qIvu t n agkkornoy«in-tba TN �ITNC,�S �il.ASEQF,. tho COM ANIES. have each caused those presents. to be signed by Its: vice president and Its corporate seal to be hereto affixed this 1 sth day of November 4024 gal>llaa ANI �\\Ng%%WOkd111i/ 11 j WHIM Mo . e•```a�oa ��i//ye,. a�`wa N�rHip CaarpaATa' CparaxkrR my 1 B j L .. ng6 � �y///,��'$Ar[Cl���\\```i`I/!�IJl�l�llfllltl\1`\�\1` '�./4l/ll1f1111f11I11\IPI��a llflllllll 1J}, TEI)IFIRII4 CASUALTY COMPANY UNIT 31) -FIRE & INDEMNI.TY C.OMPANY FINANCIAL PACIFIC INSUR-ANC9 COMPANY By; a� ✓r ti: State oflowa, County of Linn, sx: 'Viae President O itl trerr'�Saf , " " ' > 0247.I%�fQrniY�"p`�'i�t ally came Yyanna M, aaylbr to rt tin ii, vbho r i►t �bty tib'df�iyls�uat ;+di 'tft9pt9 kditdfsgy;,llikt she resides in Cedar Rapids., State, of lows Out site 1s•a'Vio'o$ftaidai t ofUNITED F.IR , CA (� Yw Y, g Vice regio ai? (T TS, F RE & INI IINiNCTY COMPANY, .and a 'ViceTres(dont of FINANCIAL PACIFIC Ii�)ia,A?t<IG��C�C��1UlP,�N il�� ar�tii,'�tiorls^`dq�o 'b�t�'ir�-dn�,w�iidlt .axaautad tlue..r�b.ovo Instrument; tient slta knows ilia seal of sui'd.aarporatians; tiiat�tha se' ^t a x d td` tlt'e's'aitd' ns Irtt nt icl UIt ldiofpat o' eel; tlt'at"i't' wsta'so affixed pursuant to authority given by the Board of Directors of said corporations and that site signed iter name lherato pursuant to like authority, and acknowledges same to be the a0land deed of said corporations. Iowa Nc 4adal0aal • pammiseton numgQr''7132ZA , oommtaelon uxplraa 1a12a12a20 WAAU11- Myotary Public My commission expires: 10/26/2025 1, Maty A. aertsoh., Assistant Secretatyof United )+ixo•& Casualty Compsny and Assistant Sb.eretaty of 'United Fire &Jndoinalty Compotty, and Assistant Secretary of Financial PaalfBo lnsurarift Compsnyy do hereby aertliy that I have compared the fbiegoing copy of the Power of Attorney ond.affidovit, and the copy .of the Suction of the bylaws and resolutions of said Corporations as act forth in said Power of Attorney, with .tho. ORIGINALS ON FILE IN T14B HOME OF d IT'.. A C tp, fN ":lhgd t1ta: IT aio "k xr aitatnseripts thereat, .and of the. whole o'the said arlginals.,, and titer Tito I , f saiPower of Atc�a�ennt brbnGarifV. t 1n tastla}a �io>G � > Iaave I erg�11htasttb gibed,, IN', ane affp,l it corporate seal of the said Corporations. thisd��ICso;r �I� .: �: .� !-•—,ice--' 1111 NUCIiZu IU/j a\p\q UIU llrnp/rii l4LUC14 01111a a ►nl y,/I/ a luisu y' caa�Assistant Secretary, m.n C�11WI$ 6areaATG a� — UF&C, UF&I & VPTC y . 9HA4 4'p.. bR P$ 4���/ifAl111i1��U10� //hrpkgmulul�lao• /IN11111111P11` 13POA0053 1217 Tnquirlest Surety Department 118 Second Ave BE Cedar Rapids, TA 52401 ACKNOWLEDGMENT OF SURETY State of M.Issourl County of Cape Girardeau On this 19th day -of November,20_ ,24 Personally appeared before. me Jamie Steger who being duly, sworn .did depose:a.nd say th.at..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 Jamie Steger acknowledged that he/she executed said Instrument as such attorney -In -fact and as the free act and deed of said Corporation. AM1 STCrQ Notary Public -Notary Seal STATE b.F MISSOUA Capa QU rdl au oun Ct Notary Public My CoCmissieS xplr1581 66' zOZi UND-2032b 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 ,&. CA:SVA1jY COMPANY ATTENTION: BOND DEPARTMENT PA. BOX 75900 CEDAR RAPIDS, IOWA 52407 1-800-343.9130 CC Y } 6 c W LLJ o D 0 � O Cl i. 0 b Cl Q S■ .N it ow CA 2 O O W o z N W m LU W LL W Z 2 Q O W O c0 i O D Z O = ui W LLI (i D H � 0 o O O o O o O o 0 0 0 0 0 0 0 0 0 0 0 0 o . o 0 o O o 0 o O O o 0 o O O O o o o Ln 00 0 O O d' CO V' O (0 W O J 0 N Ln 0o M M 00 N V m W Ln 6) NO_ UC) O 0) M N P- LO 00 N 00 N N I� O V F V It Lo Ln Lo (D (D N .- N Il- O r 64 V N O �- a) 64 Cl) 64 fR M 64 'T 64 '�Y (Al CO 69. 00 M 64 tb E9 V4 EH 64 T c 64 64 64 64 Lh n ccoO O O O O O O N LP) O (D O O O O O O O ji 0 m O O O O O V' M O M 00 O O O O O d' O O O O O M m 00 0) Lo n M N M O Ec W H U Ln N Ln cc CO (D CO (D N 6 64 63 64 U) EH m 64613 64 603, M 64 64 N 64 O a) > E Z V V 64 a) U L = d V4 6 4 611, a � ami J N LL O O O O O O O O 0 O O OO O O O O O O O O O O O LU O OC O O Lo O O O O O O O O O O O N Ln O O O O N O O (0 O O O O Ln O M (0 N c} O O N N Ln N 00 O J O Ln Li) L- O n a) W cc Lf) M a) cc 64 O N Lo r Ln (D a1V L- O Cl) Un V Ln Ln 'cY C 00 6469 M (R Cl) Ln 00 I- 00 0) 64 64 64 64 64 64 64 64 64 Gl> a) 64 64 64 64 N Lp N � c W o O O O O O O 0 Ln O O O OUC) O O O O (D 0 0 O O O O O m N r LC) 0. 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O O O O O O O O O O O O O O o o O O O O O O O O O O O O O O O O O O O O O O O Q1 O O O O O O O O O o O O O o o O o O O O N J V O N O O c0 L r O O O N O O O_ U -)O O O LO (O Q �- Lo o (o of M r O O N o CO N c0 c0 M W O (A r (f3 69 69 ER 62 69 64 N EA 69 M 69 69 69 LO 69 64 69 69 69 c M UT N EH O O O O O O O O O O O O O O O O O O 00 S O O O O o O O O0 O O o O O O O O O o o o O O O O O O o O O O O O O o O O O VO c0 O o O O O O O O o O O O O O O O o o cf) Z 0 IY V 69 N 69 N 69 CO 7 O _ Lr_ _ (O r O - O CD Ln � N0 UJ N O O c0 69 LOO tC) N t0 N c0 N r D_ 69 64 69 69 69 69 69 69 64 69 69 69 69 0 O O O o 0 o O O O O O o 0 O O O o O O W m O O O o O O o O O O O O O O O O O O O O [o F- W r. o M c0 M LO N (O co N r N N O Z Ln M d' O) RS Q O � � O N ~ < o C7 0 J Q Z O EE z U W W U U U U U U U U W U) U U U U U U LLa- m J J m m m m m m m m J J m m m m m m J O W W W W W W W W W W W W W W W d LL O a I- z 2 N O L QC O m c C 'C C m a J NICU N Z U) E C _,z m Y v Q o c m CO 67) X o O X m m 'm 'm o m Q C o m U)i N d Q O Q N ¢ W N .Q C E > O N m m 0 > ° 0 0 U)D om w> E a o� ° m �j cn CD ) C C 0 N E n o m U p p > p p p m c a d o U) X W Q 0 rc CJ F0 5,-C p a U T > > > z p p = E Q)N M ,C (j CO CO CO W O C Y 6) E E E m _ X X X X C X m C X N .Q N 10 N N F (n CO CO co co oO (O co c0 W LL W � d M of � Q' L Q W W O v 0 r COIT-- N M �F t0 O I� oO OO M c+) M d' V V d' V V d' d' V' c0 LO c0 a Staff: Ryan Shrimplin, AICP - City Agenda: Planner 12/2/2024 SUBJECT An Ordinance approving the record plat of Midamerica Crossings Fourth Subdivision. EXECUTIVE SUMN ARY The attached ordinance approves a record plat for a two -lot commercial subdivision at 2502 Veterans Memorial Drive. BACKGROUND/DISCUSSION A record plat has been submitted for Midamerica Crossings Fourth Subdivision, located at 2502 Veterans Memorial Drive and zoned C-2 (Highway Commercial). The plat subdivides a lot to create two new lots. The plat shows an exception for the omission of the required 10 -foot utility easement along the rear (south) lot line of Lot 2. Staff supports the exception because there are no existing or proposed utilities in the area 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 November 13, 2024 meeting, recommended approval of the record plat with a vote of 8 in favor, 1 in opposition, and 0 abstaining. ATTACHMENTS: Name: Description: D 24133-RP_MidAmerica Crossings Fourth Sub.doc Ordinance D Staff_Review-Referral-Action Form.pdf Midamerica Crossings Fourth Subdi\ision - Staff RRA Form D Maw- Midamerica Crossings Fourth Subdivision.pdf Midamerica Crossings Fourth Subdi\ision - Map D Application - Midamerica Crossings Fourth.pdf Midamerica Crossings Fourth Subdi\ision - Application D 39333 MidAmerica Crossings Fourth Subdivision Plat.pdf Midamerica Crossings Fourth Subdi\ision - Record Plat BILL NO. 24-133 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF MIDAMERICA CROSSINGS FOURTH SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Midamerica Crossings Fourth Subdivision, being All of Lot Five (5) of Midamerica Crossings as Recorded in Document No. 2016-14260 in the County Land Records, located in Section 22, Township 31 North, Range 13 East, in the City and County of Cape Girardeau, State of Missouri, submitted by Midamerica Hotels Corporation, bearing the certification of Travis J. Steffens, a Registered Land Surveyor, dated the 12th day of November, 2024, 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 , 2024. Stacy Kinder, Mayor ATTEST: Traci Weissmueller, Deputy City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Midamerica Crossings Fourth Subdivision LOCATION: Veterans Memorial Drive & Limbaugh Lane STAFF REVIEW & COMMENTS: A record plat has been submitted to subdivide a parcel into two (2) lots along Veterans Memorial Drive & Limbaugh Lane. SEE STAFF REPORT FOR MORE DETAILS. Zf t IZ15V L City Pl r City Attorne Date Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: City Planning & Zoning Commission RECOMMENDED ACTION CniLtMFNTN CITIZENS COMMENTING AT MEETING: 0-q' -a�-1 Date Favor Oppo Abstain is Martin ❑ L3� ❑ ❑ ily McElreath Li L3{oioie �Zl! Y( 0 :_ Oppose_ Abstain Chris Martin Planning & Zoning Commission Secretary City Council Action Ordinance 1" Reading Ordinance 2nd & 3rd Reading: ORDINANCE # Effective Date: Fav Oppose Abstain Trae Bertrand ❑ ❑ Chr Scott Blank Ll L) Nick Martin Kevin Greaser 2(, ❑ Ll Em Derek Jackson ❑ Ll Gerry Jones IJ Li F-1VOTE COUNT: Favor CniLtMFNTN CITIZENS COMMENTING AT MEETING: 0-q' -a�-1 Date Favor Oppo Abstain is Martin ❑ L3� ❑ ❑ ily McElreath Li L3{oioie �Zl! Y( 0 :_ Oppose_ Abstain Chris Martin Planning & Zoning Commission Secretary City Council Action Ordinance 1" Reading Ordinance 2nd & 3rd Reading: ORDINANCE # Effective Date: Midamerica Crossings Fourth Subdivision 'tV 0IM20 A ly V iV 9 do VI 4, NS /> N dy W E CITY Of CAPE GIRARDEAU Created by: Community Development Dept. Carol Peters October 10, 2024 M0 50 100 200 FeetM , I A64 V. Legend Midamerica Crossings Fourth Subdivision Parcels Lot Lines SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORIMIER STREET, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Name of Subdivision Type of Plat MidAmerica Crossings Fourth Subdivision Ef Record ❑ Preliminary ❑ Boundary Adjustment Applicant Property Owner of Record 0 Same as Applicant MidAmerica Hotels Corporation Mailing Address City, State, Zip Mailing Address City, State, Zip 4072 State Hwy K Cape Gir., MO 63701 Telephone Email Telephone Email 573.334.0546 mcantrell@midamcorp.com Contact Person (if Applicant is a Business or Organization) (Attach additional owners information, if necessary) Melanie Cantrell Professional Engineer/Surveyor (if other than Applicant) Developer (if other than Applicant) Koehler Engineering and Land Surveying Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Gir., MO 63701 Telephone Email Telephone Email 573.335.3026 sdodds@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) $22.00 per lot ($220.00 minimum) _ Recording Fee Deposit (payable to City of Cape Girardeau) See Instructions for more ✓ Sheet Size Record Plat Boundary Adjustment Plat information. 18" x 24" $46.00 $26.00 24" x 36" $71.00 $31.00 (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) _/ One (1) full size print of the plat L Digital file of the plat in .pdf format (can be emailed to cityplannins@cityofcape.ora) _ Completed minimum requirements checklist 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. Furthermore, I hereby acknowledge that the plat submitted with this application must meet certain requirements in order to be approved including, but not limited to: a) successfully addressing all review comments, and b) any and all new public improvements for the subdivision being completed and/or covered under a performance guarantee agreement in accordance with the City's Code of Ordinances. If I am an agent, I hereby certify that I have notified the Property Owner(s) of Record and the developer of these requirements. CS, �� rye. „( , '&O SMK 1O0A5 r— Applicant Signature and Printed Name Date OFFICE USE ONLY Date Received & By 16 1/1 4- File # Review Fee Received $ Recording Fee Received $ Preliminary and Record Plats: Planning & Zoning Commission Recommendation MUNIS Application # 1f?—`I MUNIS Permit # ❑ Check # ❑ Credit Card ❑ Cash Date City Council Final Action Date Revised 07/01/24 City of Cape Girardeau Subdivision Plat Requirements (Record Plats) MINIMUM REQUIREMENTS FOR RECORD PLATS – COMPLETE CHECKLIST AND SUBMIT WITH APPLICATION (First column of check boxes is for professional engineer/surveyor,second column is for City staff) NAME OF SUBDIVISION:��(itf�Yl'�.('iY(�`(i�{/� n Ef"❑ Sheet size - 18" x 24", 24" x 24", or 24" x 36" PWhite background with black text and graphics; greyscale allowed; no other colors Border -rectangular, solid line(s) 62(0 Title block - include name, address, and phone number of consultant preparing the plat; include box for original issue date and at least 3 revision issue dates 6(❑ Sheet number, if plat consists of more than one sheet Id❑ Plat title - located at the top of the sheet, preferably centered; begin with "RECORD PLAT"; name cannot be a duplicate of an existing subdivision in the county or include "RESUBDIVISION" �❑ Description beneath plat title - if existing platted lots are involved, begin with "ALL OF" or "PART OF" as applicable; include Block Number if applicable; include Book and Page or Document Number of existing plat; include vacated right-of-way/alley if applicable; end with "IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI" V❑ References - list all deeds, plats, separate easement instruments, etc. used in preparing the plat; include Book and Page or Document Number for each, if recorded 1/0 North arrow with basis of bearings Q( 171 Graphic scale - 1:100 or less; must be a multiple of 10 Gds❑ Vicinity map - lines only (no images); all nearby streets and major streets labeled; site labeled; include North arrow and "NTS" / or "NOT TO SCALE"; use transparent background for labels CQ ❑ Legend - list found monuments first, followed by set monuments, followed by: "SUBDIVISION BOUNDARY LINE", "LOT LINE TO BE ELIMINATED" and/or "NEW LOT LINE" as applicable, "EXISTING EASEMENT LINE" and/or "NEW EASEMENT LINE" as applicable, "BUILDING SETBACK LINE", "EXTERNAL PROPERTY LINE", "RIGHT-OF-WAY LINE", "CENTERLINE", other symbols as Zapplicable ❑ Curve table and/or line table, if necessary - include unit symbols for distances/lengths V❑ Subdivision boundary and internal lines accurately drawn and labeled with bearing and distance or referenced to curve table/line table Section/township/range lines accurately drawn and labeled Gd ❑ Adjacent parcel lines accurately drawn i/❑ Subdivision boundary and each lot checked for closure �L�( El Each proposed lot labeled with lot number and area expressed in square feet and acres ❑ All parcels within and adjacent to the subdivision boundary labeled with record owner name and Book and Page or Document Number for deed E� ❑ All existing platted lots within and adjacent to the subdivision boundary labeled with subdivision name and Book and Page or / Document Number for plat Gd ❑ All existing easements within the subdivision boundary labeled as existing; include type of easement (water, sewer, utility, drainage, access, etc.); include Book and Page or Document Number, if recorded V❑ All new easements within the subdivision boundary labeled as "NEW —'UTILITY EASEMENT", "NEW —'ACCESS EASEMENT", or other type of easement as applicable All building setback lines within the subdivision boundary labeled; include depth ❑ All rights-of-way within and adjacent to the subdivision boundary labeled with street name (or labeled as alley if applicable) 1and right-of-way width 0 All private streets within and adjacent to the subdivision boundary labeled with street name followed by "(PRIVATE STREET)" along with existing access easement information, if applicable, or shown in a new 50 foot access easement ❑ Notes: • Zoning - include zoning district name, minimum lot area, minimum lot width, maximum density if applicable, and setbacks; if zoning district has different standards based on land use type, include all standards and state the proposed use type(s) • Lot - include total number of lots, largest lot area, smallest lot area, and total subdivision area; include proposed density (for residential subdivisions) Revised 07/08/2022 MINIMUM REQUIREMENTS FOR RECORD PLATS (CONTINUED, • Variance, if applicable -begin with "A VARIANCE IS SHOWN FOR" followed by "A REDUCED LOT AREA FOR LOT _", "A REDUCED LOT WIDTH FOR LOT _", or "A REDUCED YARD SETBACK ALONG THE LOT LINE OF LOT _") as applicable • Exception, if applicable - begin with "AN EXCEPTION IS SHOWN FOR" followed by "THE OMISSION OF THE REQUIRED 10 FOOT UTILITY EASEMENT ALONG THE LOT LINE OF LOT _" or "A REDUCED UTILITY EASEMENT WIDTH ALONG THE LOT LINE OF LOT _", as applicable • Floodplain - begin with "A PORTION OF THE PROPERTY FALLS WITHIN" or "NO PORTION OF THE PROPERTY FALLS WITHIN", as applicable; if referencing a zone designation, state what that designation means 2/0 List each record owner name and Book and Page or Document Number for deed, name and address of party for whom the plat was prepared, name and address of consultant that performed the survey and prepared the plat 19/171 Subdivision Dedication: • Begin with "THE UNDERSIGNED," followed by the owner name(s) as stated in the current deed(s); include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable; followed by "OWNER OF" or "OWNERS OF" and a description matching the description beneath the plat title, followed by "CONTAINING SQUARE FEET ( ACRES), MORE OR LESS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:"; followed by a legal description of the total subdivision area; followed by "HEREBY SUBDIVIDE" or "HEREBY SUBDIVIDES"; followed by "SAID TRACT INTO AS SHOWN HEREON, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, WHICH IS HEREBY NAMED " New right-of-way and/or easements - use standard language ®❑ Legal description checked t g p d aga�ns drawing for congruence ❑ Owner signature line(s) with notary block(s) - include title after signatory name if owner is not an individual; include "HUSBAND AND WIFE," if applicable; include "A [insert state name] LIMITED LIABILITY COMPANY," or "A [insert state name] CORPORATION," if applicable ❑ If plat shows existing public easement(s) to be released — use standard block for City Manager's release City Clerk's certificate - use standard block for record plats ° ❑ County Recorder of Deeds' certificate - use standard block ❑ Surveyor's certificate Revised 07/08/2022