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HomeMy WebLinkAboutCouncil.Agenda.09-15-2025.PacketCITY OF CAPE GIRARDEAU, MISSOURI City Council Council Regular Session Agenda Stacy Kinder, Mayor Dan Presson, Ward 1 Tameka Randle, Ward 2 Nate Thomas, Ward 3 David J Cantrell, Ward 4 Bryan Johnson, Ward 5 Mark Bliss, Ward 6 City Hall Council Chambers 44 N. Lorimier Street Cape Girardeau, MO 63701 Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncil A.Call to Order/Roll Call B.Adoption of the Agenda C.Consent Agenda September 15, 2025 5:00 PM City residents desiring to speak about items NOT on the agenda must register no later than noon on Saturday, September 13, 2025, by using the form found at cityofcape.org/council, by emailing cityclerk@cityofcape.org, or by calling 573-339-6320. Invocation Pastor Debra Tracy of Christ Evangelical Church in Cape Girardeau Pledge of Allegiance Study Session Communications/Reports Items for Discussion Appearances by Advisory Board Applicants Planning and Zoning Commission Report Consent Agenda Review Regular Session C.1.Approval of the September 2, 2025, Regular Session and Closed Session City Council Minutes. C.2.BILL NO. 25-95, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of certain properties in the City and County of Cape Girardeau, Missouri, to CBD, Central Business District. Second and Third Readings. C.3.BILL NO. 25-96, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding R-4, Medium Density Multifamily Residential District. Second and Third Readings. C.4.BILL NO. 25-98, a Resolution authorizing the City Manager to Execute an Agreement with Musco Sports Lighting, LLC, for the Equipment and Installation of Lighting for the Youth Sports Complex Project, in the City of Cape Girardeau, Missouri. Reading and Passage. C.5.BILL NO. 25-99, a Resolution authorizing the City Manager to execute an agreement with Apex Paving Co. for the Cape LaCroix Trail Enhancements, in the City of Cape Girardeau, Missouri. Reading and Passage. C.6.A motion to accept water main improvements to serve the Gibson Business Center at 1112 Linden Street in the City of Cape Girardeau. D.Items Removed from Consent Agenda E.Appointments E.1.Appointment to the River Campus Board of Managers F.Other Business G.Appearances regarding items not listed on the agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager if action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro 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 Appointment to the Board of Appeals Advisory Board Minutes Advisory Board Minutes Staff: Gayle Conrad, Director of Citizen Services/City Clerk Agenda: September 15, 2025 AGENDA REPORT Cape Girardeau City Council TITLE Approval of the September 2, 2025, Regular Session and Closed Session City Council Minutes. SUMMARY Approval of the September 2, 2025, Regular Session and Closed Session City Council Minutes. STAFF RECOMMENDATION Approve. ATTACHMENTS • 2025.09.02 Council Minutes DRAFT.pdf • 2025.09.02 ClosedSessionMinutes DRAFT.pdf Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2, 2025 MM-191 STUDY SESSION – September 2, 2025 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Tuesday, September 2, 2025, at 5:00 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, Bryan Johnson, Dan Presson,Tameka Randle and Nate Thomas present. David J. Cantrell was absent. REGULAR SESSION – September 2, 2025 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Tuesday, September 2, 2025, at 5:09 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, Bryan Johnson, Dan Presson, Tameka Randle and Nate Thomas present. David J. Cantrell was absent. ADOPTION OF THE AGENDA A Motion was made by Mark Bliss, Seconded by Dan Presson, to approve and adopt the agenda. Motion passed. 6-0. Ayes: Bliss, Johnson, Kinder, Presson, Randle, Thomas. Absent:Cantrell. PUBLIC HEARINGS A Public Hearing to consider a request to rezone property located at 538 and 542 South Ellis Street and 549 South Sprigg Street from R-3 (High Density Single-Family Residential District) and C-1 (General Commercial District) to CBD (Central Business District). The Mayor opened the public hearing. There being no appearances, the hearing was closed. A public hearing to consider a proposed amendment to Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding R-4, Medium Density Multifamily Residential District. The Mayor opened the public hearing. There being no appearances, the hearing was closed. CONSENT AGENDA Approval of the August 18, 2025, Regular Session City Council Minutes. BILL NO. 25-92, an Ordinance accepting a Permanent Drainage Easement from Roman Catholic Diocese of Springfield-Cape Girardeau, for proposed Veterans Memorial Drive Phase 6 Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 25-94, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement for installation of a sign in the right of way adjacent to 32 North Main Street, in the City of Girardeau, Missouri. Reading and Passage. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 2, 2025 MM-192 BILL NO. 25-97, a Resolution adopting the updated Council Policy Manual, in the City of Cape Girardeau, Missouri. Reading and Passage. A Motion was made by Dan Presson, Seconded by Tameka Randle, to approve and adopt. Motion passed. 6-0. Ayes: Bliss, Johnson, Kinder, Presson, Randle, Thomas. Absent:Cantrell. BILL NO. 25-92 will be Ordinance NO. 5862; BILL NO. 25-94 will be Resolution NO. 3682; BILL NO. 25-97 will be Resolution NO. 3683. NEW ORDINANCES BILL NO. 25-95, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of certain properties in the City and County of Cape Girardeau, Missouri, to CBD, Central Business District. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Mark Bliss, Seconded by Nate Thomas, to approve. Motion passed. 6-0. Ayes: Bliss, Johnson, Kinder, Presson, Randle, Thomas. Absent: Cantrell. BILL NO. 25-96, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding R-4, Medium Density Multifamily Residential District. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Bryan Johnson, Seconded by Dan Presson, to approve. Motion passed. 6-0. Ayes: Bliss, Johnson, Kinder, Presson, Randle, Thomas. Absent:Cantrell. MEETING ADJOURNMENT A Motion was made by Mark Bliss, Seconded by Dan Presson, to adjourn to closed session, pursuant to RSMo. Sections 610.021(3) to discuss personnel matters. Motion passed. 6-0. Ayes: Bliss, Johnson, Kinder, Presson, Randle, Thomas. Absent: Cantrell. The regular session ended at 5:17 p.m. ____________________________ Stacy Kinder, Mayor ___________________________ Gayle L. Conrad, City Clerk Staff: Ryan Shrimplin, City Planner Agenda: September 15, 2025 AGENDA REPORT Cape Girardeau City Council TITLE BILL NO. 25-95, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of certain properties in the City and County of Cape Girardeau, Missouri, to CBD, Central Business District. Second and Third Readings. SUMMARY A rezoning application has been submitted for the property at 538 and 542 South Ellis Street and 549 South Sprigg Street. The applicant is requesting that the property be rezoned from R-3 (High Density Single-Family Residential District) and C-1 (General Commercial District) to CBD (Central Business District). The immediately surrounding properties are zoned CBD (Central Business District) to the northeast and southeast, R-3 (High Density Single-Family Residential District) to the northwest, west and southwest, and C-1 (General Commercial District) to the east. This area is characterized by commercial and residential uses. The Cape Vision 2040 Comprehensive Plan’s Future Land Use Map shows the subject property as Urban Mixed Use and Low Density Residential. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property consists of two undeveloped parcels separated by a public alley. The parcel to the west of the alley is zoned R-3. The parcel to the east of the alley is zoned C-1. The owners of these parcels have submitted a petition to vacate the portion of the alley between the parcels. The applicant has plans to purchase the parcels and the portion of the alley between them (once vacated) in order to develop the land for a commercial use. While the proposed use is permitted in the C-1 district, it is not permitted in the R-3 district. The applicant is requesting that both parcels be rezoned to CBD in order to keep the proposed development within a single zoning district. CBD is the logical choice for rezoning due to the existing CBD zoning on both sides of the C-1 zoned parcel along South Sprigg Street. Additionally, the CBD regulations include architectural design standards that will ensure the building design is appropriate for the area, including the residential properties on South Ellis Street. For these reasons, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. The Planning and Zoning Commission held a public hearing at its August 13, 2025 meeting and recommended approval of the rezoning request by a vote of 7 in favor, 0 in opposition, and 1 abstaining. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at its August 13, 2025 meeting and recommended approval of the rezoning request by a vote of 7 in favor, 0 in opposition, and 1 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 16, 2025. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS • 25-95_S-Ellis_and_Sprigg_Rezone.doc • Staff Review-Referral-Action Form.pdf • Map - S Ellis & S Sprigg - Zoning.pdf • Map - S Ellis & S Sprigg - FLU.pdf • Application - 538 & 542 S Ellis & 549 S Sprigg REZ.pdf • Sec. 30-59. - R-3, High Density Single-Family Residential District.pdf • Sec. 30-66. - C-1, General Commercial District.pdf • Sec. 30-65. - CBD, Central Business District.pdf 1 BILL NO. 25-95 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF CERTAIN PROPERTIES IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, TO CBD, CENTRAL BUSINESS DISTRICT _________________________________________________________________ WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 and Article 2 of this ordinance from R-3, High Density Single- Family Residential District, and C-1, General Commercial District, to CBD, Central Business District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and a public hearing was held on Tuesday, September 2, 2025; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri has elected to rezone the property described in Article 1 and Article 2 of this ordinance from R-3, High Density Single-Family Residential District, and C-1, General Commercial District, to CBD, Central Business District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-3, High Density Single-Family Residential District, to CBD, Central Business District, for the following described property: All of the West 100 feet of Lot One hundred and Thirty-seven (137) in Range "R" in McLean's Addition to the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street. Also, Lot No. One hundred and Thirty-Eight (138) in Range "R" in McLean's Addition in the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street by a depth of 180 feet to an alley. Also, 2 All of the east 80 feet of Lots 136 and 137 of Moses McLean's Addition, Range "R", City of Cape Girardeau, Missouri, described as follows: Beginning at the northeast corner of Lot One Hundred Thirty-seven (137); thence south, along the east line of Lots One Hundred Thirty-seven (137) and One hundred Thirty-six (136), 100.00 feet to the southeast corner of Lot Hundred Thirty-six (136); thence West, along the south line of Lot One Hundred Thirty-six (136), 80.0 feet for a corner; thence North, across Lots One Hundred Thirty-six (136) and One Hundred Thirty-seven (137), parallel with the east line of Ellis Street, 100.0 feet for a corner in the north line of Lot One hundred Thirty-seven (137); thence east, along said north line, 80.0 feet to the Point of Beginning. The above being the east eighty (80) feet of Lot One Hundred Thirty-six (136), (see deed recorded in Book 157 at Page 304) and the south 12.5 feet of the east eighty (80) feet of Lot One hundred Thirty-seven (137) conveyed by deed recorded in Book 217 at Page 425; also, the north 37.5 feet of the east 80.0 feet of Lot One Hundred Thirty-seven (137) conveyed in deed recorded in Book 244 at Page 141.) LESS AND EXCEPT that part conveyed to the Missouri Highway and Transportation Commission by General Warranty Deed recorded July 15, 1993 in Book 643 at Page 240, land records of Cape Girardeau County, Missouri. Also, All of Lot One Hundred Thirty-Nine (139) in Range "R" of Moses McLain's Addition to the City of Cape Girardeau, Missouri. ARTICLE 2. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present C-1, General Commercial District, to CBD, Central Business District, for the following described property: A part of Lots 132, 133, 134, and 135 of Moses McLeans Addition to the City of Cape Girardeau, City and County of Cape Girardeau, State of Missouri being more particularly described as follows: Beginning at a 1/2" iron pin (found) at the northwest corner of Lot 132 of said subdivision; Thence South 3 06°09'25" West, 180.78 feet along the west lines of Lots 132, 133, 134, and 135 to a 1/2" iron pin (set) on the northerly right of way line of Missouri State Route 74; Thence South 84°59'01" East, 77.05 feet along said northerly right of way line to a right of way marker (found); Thence North 56°24'24" East, 115.19 feet to a right of way marker (found) on the west right of way line of Sprigg Street; Thence along said west right of way line North 06°08'03" East, 104.66 feet to a 1/2" iron pin (found) on the north line of Lot 132; Thence North 83°31'21" West, 165.54 feet along said north line to the point of beginning, containing 0.61 acres, more or less. ARTICLE 3. The City Council hereby finds and declares that the property described in Article 1 and Article 2 of this ordinance is at the present time particularly suitable for the purposes and uses of the CBD, Central Business District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2025. Stacy Kinder, Mayor ATTEST: Gayle L. Conrad, City Clerk S Ellis St S Sprigg St Shawnee Pkwy P e a r S t C o l l e g e S t 549 539 545 503503503 515 511509507 550 542 538 522 604 517 541 522529 525 518 511 536 531533 731 513 517 507 503 515 525 717 520 IO R4 C1R3 R3 IO R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 R3 CBD CBD CBD CBD CBD CBD CBD CBD R3 CBD R3 R3 R3 .Legend Property to be Rezoned Zoning District C1 CBD R3 R4Created by: Community Development July 31, 2025 Rezoning Request 538 & 542 South Ellis Str eet549 South Sprigg Street Requested rezoning from R-3 (High Density Single-family Residential District) and C-1 (General Commercia District) to CBD (Central Business District)Future Land Use Recommendation: Low Density Residential and Urban Mixed Use S Ellis St S Sprigg St Shawnee Pkwy P e a r S t C ol le g e S t 549 539 545 503503503 515 511509507 550 542 538 522 604 517 541 522529 525 518 511 536 531533 731 513 517 507 503 515 525 717 520 .Legend Property to be Rezoned Future Land Use Low Density Residential Urban Mixed UseCreated by: Community Development July 31, 2025 Rezoning Request 538 & 542 South Ellis Street549 South Sprigg Street Requested rezoning from R-3 (High Density Single-family Residential District) and C-1 (General Commercia District) to CBD (Central Business District)Future Land Use Recommendation: Low Density Residential and Urban Mixed Use (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (9) a. b. (10) (c) (1) (2) (3) (4) (5) (6) (d) (1) (2) (3) (4) Sec. 30-59. - R-3, High Density Single-Family Residential District. Purpose. The R-3 district is intended to accommodate single-family, two-family and townhouse residential developments at maximum densities of up to nine units per acre. This district will serve as a transition between lower density and higher density residential districts. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the residential character of this district. Permitted principal uses. Single-family detached dwellings, with only one dwelling per lot. Duplexes, two-family dwelling units. Townhouses. Cluster subdivisions, as permitted in chapter 25. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acres of land. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. Home for eight or fewer unrelated mentally or physically handicapped persons, including no more than two additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and Such home shall not be located closer than 370 feet to any other such home. A private residence licensed by the state division of family services or state department of mental health to provide foster care to one or more, but less than seven, children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met, and an occupancy permit issued therefor. Permitted accessory uses. Private garages, carports and accessory structures, as permitted in section 30-106. Home occupations, as permitted in section 30-108. Home day cares, with no more than four unrelated children in a 24-hour period as permitted in section 30-111. In home elderly care, with a maximum of three persons as permitted in section 30-114. Solar energy systems, as permitted in section 30-113. Short-term use of shipping containers for accessory uses, as permitted in section 30-105. Special uses. Home day cares, with five or more unrelated children, as permitted in section 30-111. Bed and breakfasts. Cemeteries, on a minimum of ten acres of land. Transitional housing. (5) (6) (7) (e) (1) a. b. (2) a. b. c. (3) (4) a. b. (5) a. 1. 2. b. 1. 2. c. 1. 2. (f) (1) (2) (3) (g) Wind energy conversion systems, as permitted in section 30-113. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right. Long-term use of shipping containers for accessory uses, as permitted in section 30-105. Height, area, bulk and setback requirements. Maximum height: When side yards are less than 15 feet in width, 2½ stories not to exceed 35 feet. When side yards are 15 feet in width or greater, three stories, not to exceed 45 feet. Minimum lot area: Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. Duplexes: 3,750 square feet per unit. Single-family: 5,000 square feet. Maximum density: Nine units per one acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25. Minimum lot width: Townhouses and duplexes: 20 feet. All other uses: 30 feet. Minimum yard requirements: Front yard: Each townhouse: Ten feet. All other uses: 20 feet. Rear yard: Each townhouse: 20 feet. All other uses: 20 feet. Side yard: Townhouses and duplexes: None. All other uses: Three feet. Open space, landscaping and bufferyard requirements. For any nonresidential uses: A minimum of 20 percent of the total lot area shall be devoted to open space, including required yard and buffer yards. Landscaping shall be provided as required in chapter 25. A 20-foot-wide bufferyard shall be required adjacent to any property in the AG, AG-1, RE, R-1, or R-2 zoning districts. This bufferyard shall comply with the requirements of chapter 25. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298. (Code 1990, § 30-324; Ord. No. 5012, art. 4, 10-2-2017) (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (25) (26) (27) (28) (c) Sec. 30-66. - C-1, General Commercial District. Purpose. The C-1 district is primarily intended for areas of the city located along minor thoroughfares and adjacent to residential districts. Appropriate uses for this district include commercial developments not requiring long-term outdoor display of merchandise, as well as certain governmental, institutional, and community service facilities. Other uses having the potential to significantly affect adjacent residential districts may be allowed with approval of a special use permit. Permitted principal uses. Art galleries or museums. Banks or other financial institutions. Bed and breakfasts. Commercial day cares. Commercial recreation facilities, excluding driving ranges or outdoor shooting or racing. Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118. Funeral homes or mortuaries. Governmental facilities. Health or fitness centers. Institutions of higher education, including business, career or technology schools. Instructional schools for art, dance, music, martial arts or other disciplines. Libraries. Microbreweries. Middle schools, secondary schools, or development centers for people with physical, mental or developmental disabilities. Nurseries or greenhouses. Nursing homes. Offices. Parks or playgrounds. Personal service establishments. Pet grooming facilities, excluding kennels. Police or fire stations. Residential treatment facilities. Restaurants or bars. Retail or rental establishments, excluding the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. Television or radio studios, including any transmitting facilities. Transit terminals. Veterinary clinics or animal hospitals, excluding livestock. Wineries. Permitted accessory uses. (1) (2) (3) (d) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (e) (1) (2) a. b. c. d. e. f. g. h. (3) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106. Short-term use of shipping containers for accessory uses, as permitted in section 30-105. Solar energy systems, as permitted in section 30-113. Special uses. Banquet facilities. Hotels or motels. Kennels. Long-term use of shipping containers for accessory uses, as permitted in section 30-105. Meeting halls. Mini warehouses or self-storage units. Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use-by-right. Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105. Telecommunication towers, as permitted in section 30-107. The allowance of additional height up to a total of 60 feet, not to exceed a total of five stories. Transitional housing. Uses involving the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. Vehicle fueling, service or repair facilities, excluding body or paint shops. Vehicle washing facilities, including automatic or hand wash. Wind energy conversion systems, as permitted in section 30-113. Standards. All storage of merchandise, materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the items being stored are not visible from the street or any adjacent property. Outdoor display of merchandise is prohibited, except as follows: Merchandise may be displayed outdoors as part of a temporary use, as permitted in section 30-109. Nursery stock, accessory landscaping decorations, and seasonal and holiday decorations may also be displayed outdoors during the appropriate season. Such displays are permitted in accordance with the following provisions: Displays shall not be located in a right-of-way. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the city Code. Displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. Displays shall not impede vehicular or pedestrian access. Displays shall not alter the structure of any building. Displays shall not create a health or safety hazard. Displays shall be well kept and orderly. Signs may be displayed as permitted elsewhere in the city Code. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (f) (1) (2) (3) (4) a. b. c. (5) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas or waste containers shall be located in the rear or side yard and screened as required elsewhere in the city Code. Height, area, width, setback and open space requirements. Maximum height: 40 feet, not to exceed three stories. Minimum lot area: None. Minimum lot width: None. Minimum setbacks: Front yard: 25 feet. Rear yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. Side yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. Minimum open space: 15 percent of the lot area. (Code 1990, § 30-333; Ord. No. 5211, art. 4, 7-15-2019; Ord. No. 5615, art. 3, 2-6-2023) (a) (b) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) Sec. 30-65. - CBD, Central Business District. Purpose. The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not detract from the pedestrian-oriented nature and visual appeal of the district. New buildings, as well as exterior alterations and additions to existing buildings, are required to meet certain design standards to ensure compatibility. In order to accommodate existing lots and provide for flexibility in the design of new development and redevelopment projects, there are no minimum lot standards or setbacks. Permitted principal uses. Art galleries or museums. Auditoriums or theaters. Banks or other financial institutions. Banquet facilities. Bed and breakfasts. Commercial day cares. Commercial recreation facilities. Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118. Funeral homes or mortuaries. Governmental facilities. Health or fitness centers. Hospitals. Hotels or motels. Institutions of higher education, including universities and business, career, or technology schools. Instructional schools for art, dance, music, martial arts, or other disciplines. Libraries. Meeting halls. Microbreweries or microdistilleries. Nursing homes. Offices. Parks, playgrounds, or recreation facilities. (22) (23) (24) (25) (26) (27) (28) (29) (30) (c) (1) (2) (3) (d) (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (e) (1) a. Personal service establishments. Police or fire stations. Residential treatment facilities. Residential uses, excluding manufactured homes. Restaurants or bars. Retail or rental establishments. Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery. Transitional housing. Veterinary clinics or animal hospitals, excluding livestock and kennels. Permitted accessory uses. Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106. Short-term use of shipping containers for accessory uses, as permitted in section 30-105. Solar energy systems, as permitted in section 30-113. Special uses. Any use not meeting the requirements of subsection (e)(1) of this section which would otherwise be a permitted use in this section. Excursion gambling boats or floating gambling facilities. Helicopter facilities, in conjunction with a hospital. Long-term use of shipping containers for accessory uses, as permitted in section 30-105. Marinas or docks. Public utilities, except for buildings or accessory structures that are normal and customary in a zoning district which would allow other buildings or structures of the same nature as a use- by-right. Telecommunication towers, as permitted in section 30-107. The allowance of additional height up to a total of 60 feet, not to exceed five stories. Vehicle fueling, service or repair facilities, excluding body or paint shops. Wind energy conversion systems, as permitted in section 30-113. Standards. All permitted uses shall be conducted entirely indoors except the following. Drive-through or automatic teller machine (ATM) facilities associated with a bank or other financial institution. b. c. d. e. f. g. h. i. j. k. l. m. n. (2) a. b. c. (3) a. 1. 2. 3. Eating or drinking facilities. Live musical performances or the playing of recorded music, provided that such activities do not violate other provisions of the city Code. Mobile food or beverage service facilities, provided that such activities do not violate other provisions of the city Code. Parking or loading facilities. Parks or playgrounds. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a dwelling. Public art. Public recreation facilities. Shipping containers, as permitted in subsection (c)(2) of this section. Solar energy systems, as permitted in subsection (c)(3) of this section. Temporary uses, as permitted in section 30-109. Walk-up windows for food or beverage service, provided that such activities do not violate other provisions of the city Code. Waste containers, subject to screening provisions as required elsewhere in the city Code. Design standards for new buildings. New buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. New buildings shall not: Disrupt an existing pattern of setbacks along a street, Disrupt an existing pattern of buildings being oriented toward a street, or Result in disproportionate height, scale, or massing relative to the surrounding buildings. Design standards for exterior alterations and additions to existing buildings. Exterior alterations and additions to existing buildings shall be compatible with the architectural character of the building being altered or added to in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: Remove, materially alter, or obscure significant character-defining features such as parapets, cornices, belt courses, corbels, quoins, medallions, mosaics, and patterned brickwork, Remove, materially alter, or obscure non-storefront wall openings in a manner that disrupts an existing wall opening pattern on a public-facing building elevation, 4. b. 1. 2. 3. (4) a. b. (5) a. 1. 2. 3. 4. b. Reduce or expand non-storefront wall openings to fit replacement windows or doors, except for minor shimming, or Replace double-sash windows or divided light windows with windows consisting of a single, undivided light. Exterior alterations and additions to existing buildings shall be compatible with the general architectural character of the surrounding buildings in terms of setback, orientation, height, scale, massing, materials, and colors. Exterior alterations and additions shall not: Disrupt an existing pattern of setbacks along a street, Disrupt an existing pattern of buildings being oriented toward a street, or Result in disproportionate height, scale, or massing relative to the surrounding buildings. CBD design standards approval. Except as provided for in subsection (e)(5) of this section, CBD design standards approval shall be required for any new building or any exterior alteration or addition to an existing building, excluding signs and ordinary maintenance and repair. Application for CBD design standards approval shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed administratively in accordance with procedures established by the city manager. Certificate of appropriateness. A certificate of appropriateness shall be required for any of the following: Demolition in whole or in part of any building, excluding any building demolished by the city pursuant to chapter 7, article XIII of this Code, Painting of an unpainted surface on the exterior of any building, excluding new construction, Painting of an exterior wall and the roof, trim, or architectural details attached thereto or contained therein, in the same color, unless such condition already exists, or Addition or alteration of a mural on the exterior of any building. For the purposes of this section, the term "mural" means any sign or piece of graphic artwork that is painted or applied directly to a wall, roof, or other portion of a building. Application for a certificate of appropriateness shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. Such application shall be processed in accordance with the criteria and procedures set forth in section 30-74(j) through (r). (f) (1) (2) (3) (4) (5) a. b. c. (6) Height, area, width, density, setback, and open space requirements. Maximum height 40 feet, not to exceed three stories. Minimum lot area: None. Minimum lot width: None. Maximum density: None. Minimum setbacks: Front yard: None. Rear yard: None. Side yard: None. Minimum open space: None. (Ord. No. 5694, art. 1, 11-6-2023; Ord. No. 5831, art. 1, 5-5-2025) Editor's note— Ord. No. 5694, art. 1, adopted Nov. 6, 2023, repealed the former § 30-65 and enacted a new section as set out herein. The former § 30-65 pertained to similar subject matter and derived from Ord. No. 5607, art. 1, adopted Dec. 19, 2022; and Ord. No. 5615, art. 2, adopted Feb. 6, 2023. Staff: Ryan Shrimplin, City Planner Agenda: September 15, 2025 AGENDA REPORT Cape Girardeau City Council TITLE BILL NO. 25-96, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding R-4, Medium Density Multifamily Residential District. Second and Third Readings. SUMMARY Attached is a proposed amendment to the R-4, Medium Density Multifamily Residential District section of the Zoning Code (Chapter 30 of the City’s Code of Ordinances). The amendment increases the maximum density from 18 units per one acre to 20 units per one acre. The amendment is based on input received from the development community, specifically those that develop multifamily projects. Staff reviewed the Zoning Code and noted that the maximum density in the R-5, High Density Multifamily Residential District is 30 units per one acre – a large step up from the R-4 maximum density of 18 units per one acre. There are only a few R-5 zoned properties in the city. A vast majority of the multifamily properties are zoned R-4. Although development costs have increased across the board, multifamily projects have become especially more expensive. Developers are seeking ways to offset increased costs in order to maintain the level of return on their investments. Increasing the R-4 maximum density to 20 units per one acre represents a small but significant benefit for developers. It allows them to build additional units without having to acquire additional land. The increase also reduces the large step between the R-4 and R-5 maximum densities, making it less likely that developers will pursue rezoning to R-5. STAFF RECOMMENDATION The Planning and Zoning Commission reviewed the amendment at its meeting on August 13, 2025 and recommended approval by a vote of 8 in favor, 0 in opposition, and 0 abstaining. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission reviewed the amendment at its meeting on August 13, 2025 and recommended approval by a vote of 8 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 August 16, 2025. ATTACHMENTS • 25-96_Amending_Ch_30_R-4_units_density.doc • Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District - August 13, 2025 (Edits Copy).pdf • Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District - August 13, 2025 (Clean Copy).pdf 1 BILL NO. 25-96 ORDINANCE NO. __________ AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING R-4, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT ________________________________________________________________ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-60, entitled “R-4, Medium Density Multifamily Residential District”, of Article III of Chapter 30 of the City Code, reading as follows: Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 18 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. 2 (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. The term “boutique hotel” shall mean an establishment containing a minimum of five (5) and a maximum of twenty (20) rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right. (6) Residential treatment facilities. (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30-113. (e) Height, area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. 3 b. All other uses: 3,750 square feet. (3) Maximum density: 18 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298. is hereby repealed in its entirety and a new Section 30-60, entitled “R-4, Medium Density Multifamily Residential District”, of Article III of Chapter 30 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to- wit: Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 20 units per one acre. Single-family detached and two-family (duplex) 4 dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. 5 (2) Boutique hotels. The term “boutique hotel” shall mean an establishment containing a minimum of five (5) and a maximum of twenty (20) rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right. (6) Residential treatment facilities. (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30-113. (e) Height, area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. 6 c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-148 and 26-298. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS ____ DAY OF ___________, 2025. __________________________________ Stacy Kinder, Mayor ATTEST: _______________________________ Gayle L. Conrad, City Clerk Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Page 1 of 3 TEXT TO BE DELETED IS SHOWN IN STRIKETHROUGH TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Page 2 of 3 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 18 20 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single -family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities op erated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30 -106. (2) Home occupations, as permitted in section 30 -108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five and a maximum of 20 rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30 -105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right. (6) Residential treatment facilities. Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Page 3 of 3 (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30 -113. (e) Height, area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 18 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements: For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross w eight in excess of 24,000 pounds, except as provided in sections 26-147 26-148 and 26-298. Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Page 1 of 2 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 20 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single -family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities op erated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30 -106. (2) Home occupations, as permitted in section 30 -108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five and a maximum of 20 rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30 -105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use-by-right. Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Page 2 of 2 (6) Residential treatment facilities. (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30 -113. (e) Height, area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements: For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross w eight in excess of 24,000 pounds, except as provided in sections 26-148 and 26-298. Staff: Doug Gannon, Parks and Rec Director Agenda: September 15, 2025 AGENDA REPORT Cape Girardeau City Council TITLE BILL NO. 25-98, a Resolution authorizing the City Manager to Execute an Agreement with Musco Sports Lighting, LLC, for the Equipment and Installation of Lighting for the Youth Sports Complex Project, in the City of Cape Girardeau, Missouri. Reading and Passage. SUMMARY The Agreement with Musco Sports Lighting, LLC is to provide the Lighting for the Youth Sports Complex Project located at Shawnee Park. The General Contractor for the project is Penzel Construction. To be more efficient, City staff chose to manage the Contract for Lighting separately from the rest of the project. Staff have experience working with Musco Sports Lighting, LLC and felt comfortable successfully handing the Lighting Contract. In addition, the agreement was sourced through Sourcewell, a cooperative intergovernmental procurement organization. STAFF RECOMMENDATION Staff recommend approval of the Resolution to Execute an Agreement with Musco Sports Lighting, LLC, to provide the Equipment and Installation of the Lights at the Youth Sports Complex Project. ATTACHMENTS • 25-98_Agreement_MUSCO_Shawnee_Lighting.doc • 2025.07.30.YouthSportsComplexLigjhting.Agreement.FINAL.pdf • Quote Cape Girardeau Sportsplex Ball Fields.pdf • Shawnee Sports Complex Soccer 13 FB 14 Relocation Proposal Rev4 7 14 2025.pdf BILL NO. 25-98 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MUSCO SPORTS LIGHTING, LLC, FOR THE EQUIPMENT AND INSTALLATION OF LIGHTING FOR THE YOUTH SPORTS COMPLEX PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Musco Sports Lighting, LLC, for the Equipment and Installation of Lighting for the Youth Sports Complex Project, 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, 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 ______________, 2025. Stacy Kinder, Mayor ATTEST: ___ Courtney Davis, Deputy City Clerk 1 AGREEMENT FOR PROFESSIONAL AND CONSTRUCTION SERVICES THIS AGREEMENT FOR PROFESSIONAL AND CONSTRUCTION SERVICES (the “Contract”) is made this 15th day of September, 2025 (the “Contract Date”), between The City of Cape Girardeau (hereinafter the “Owner”) and Musco Sports Lighting, LLC (hereinafter “Contractor”). SOURCEWELL PURCHASE – CONTRACT NUMBER: 041123-MSL WHEREAS, Contractor is prepared and able to perform the professional design, engineering and installation services required by the Owner for Sports Lighting at the Youth Outdoor Sports Complex at 1157 South West End Blvd in Cape Girardeau, Missouri (the “Project”); THEREFORE, in consideration of the mutual promises hereinafter set out, the Owner, and Contractor agree as follows: 1. GENERAL PROVISIONS 1.1 The Contract Documents. The Contract Documents consist of this Contract, Exhibits, drawings, specifications, other documents listed in this Contract, and modifications issued after execution of this Contract, all of which form the Contract and are as fully a part of the Contract as if attached hereto or repeated herein. Upon the Owner ’s acceptance of the Contractor’s Guaranteed Maximum Price proposal, the Contract Documents will also include the documents described in Section 2.4.3.1 and identified in the Executed Guaranteed Maximum Price Proposal. The Contract represents the entire and integrated agreement between the parties hereto with respect to the Project and supersedes prior negotiations, representations or agreements, either written or oral. 1.2 Scope of Work. Contractor shall, in accordance with the requirements of this Contract, perform and provide the design, engineering and installation services described in the Scope of Work attached as Exhibit A hereto (the “Work”), as modified by the parties from time to time with respect to the scoping, design and installation phases. Contractor shall complete the performance and provision of the Work as specified in Section 2 herein. 1.3 The Contractor accepts the relationship of trust and confidence established by this Contract and covenants with the Owner to furnish the design, engineering and installation services set forth herein; to provide efficient administration, management services and supervision; to furnish at all times an adequate supply of workers and materials; and to perform the Work in an expeditious and economical manner consistent with the Owner’s interests. The Owner agrees to furnish or approve, in a timely manner, information or other requests required by the Contractor and to make payments to the Contractor in accordance with the requirements of this Contract. 2. CONTRACTOR’S SERVICES 2.1 Scoping Phase Services 2.1.1 The Contractor shall provide a preliminary evaluation of the Owner’s Program, schedule, space and site requirements, and budgetary requirements, each in terms of the other, as set forth in the Scope of Work. 2.1.2 The Contractor shall conduct an initial site visit and inspection, and such additional visits as needed by the Contractor, to assess the suitability of its use for the Project and provide the Owner a presentation of its findings as and to the extent set forth in the Scope of Work. The Contractor shall conduct preliminary meetings with City Development Review Group for project review to determine initial feedback and analysis of opportunities and constraints regarding overall site, access, stormwater, building codes, permits, etc. 2.1.3 The Contractor shall schedule and conduct meetings with the Owner, in person or via telephone conference or online meetings as reasonably determined by Contractor, to discuss such matters as procedures, progress, coordination and scheduling as and to the extent set forth in the Scope of Work. The Contractor shall advise on proposed site use and improvements, including, without limitation, access, traffic, drainage, lighting placement and parking, selection of special equipment and systems, and lighting systems and equipment. 2.1.4 Contractor shall research and review laws and regulations applicable to design and construction of the Project and correlate such laws and regulations with the Owner’s Program requirements. In the performance of this obligation, Contractor shall meet with governmental authorities having or potentially having jurisdiction over the Project and make all commercially reasonable efforts to ensure that the design of the Project complies with applicable laws, codes, regulations and requirements, and any and all fire safety laws, codes, regulations, or requirements, including but not limited to all local, state and federal laws, codes, regulations and requirements. Contractor will notify Owner and at all times keep Owner advised of any potential challenge or obstacle to full and complete legal approval and compliance, including obtaining all applicable licenses and permits. 2 2.1.5 The Contractor shall investigate and determine the nature and identity of all permits, licenses and inspections as are necessary to commence and complete the Work. Contractor shall prepare a list of same, including associated costs and fees, and furnish it to the Owner. All fees charged by the City will be waived for this project. 2.1.6 Based upon the Contractor’s review and analysis of the Owner’s Program, the Contractor shall prepare a preliminary design, a preliminary project cost estimate, including cost estimates for any equipment systems, and a preliminary project schedule for the Owner’s review and comment. If the cost estimate exceeds the Owner’s budget, the Contractor shall make recommendations to the Owner on ways to reduce the preliminary cost estimate. The preliminary project schedule shall show the activities needed to satisfy the Owner’s requirements for completing the Project. 2.1.7 For the Contractor’s Scoping Phase Services described in Sections 2.1.1 through 2.1.6, the Owner shall compensate the Contractor as provided in Exhibit B. If Exhibit B is blank, Scoping Phase Services are not part of this Agreement. 2.2 Design Phase Services: Development of Documents 2.2.1 Design Documents. The Contractor shall prepare and submit to the Owner for review and written approval Design Documents based on the approved adjustments in the Program, budget and completion requirements authorized by the Owner. See Exhibit C. The Design Documents, as modified by the parties from time to time, shall consist of drawings, outline specifications and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems and elements, and such other elements as may be appropriate. The Contractor shall update the preliminary schedule and estimate based on the Design Documents and shall submit such update to the Owner for review and approval. The preliminary schedule and estimates shall be provided to the Owner in the formats set out in section 2.2.4. Upon submission to the Owner, the Contractor shall certify that, to the extent required of Contractor as set forth in the Scope of Work, the Design Documents: (i) are consistent with the Contract Documents; (ii) comply with applicable industry and professional practice standards; (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and (iv) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications. Design documents shall be uploaded into the City’s plan review system for the plan review and permitting process. 2.2.2 Construction Documents. After the Owner’s written approval of the Design Documents as specified in Exhibit C, the Contractor shall submit to the Owner for review and approval Construction Documents based on the approved Design Documents and any adjustments in the program, budget and completion requirements authorized by the Owner. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for construction of the Project (the “Drawings and Specifications”). If the Guaranteed Maximum Price has not been established, the Contractor shall prepare further updates of the preliminary schedule and estimate and shall submit such updates to the Owner for review and approval. Sets of plans shall be provided to the Owner in the formats set out in section 2.2.4. 2.2.3 For the Contractor’s Design Phase Services described in Section 2.2, the Owner shall compensate the Contractor as provided in Exhibit D. If Exhibit D is blank, Design Phase Services are not part of this Agreement. 2.2.4 Digital (PDF and CADD) and hardcopy Drawings and Specifications shall be provided of Design Documents and Construction Documents, and any revisions thereof. All drawings available on CADD shall be provided to the Owner on diskette or other electronic format accepted by Owner. As-builts shall be provided to the Owner at the completion of the Work. All CADD drawings provided shall be compatible with AutoCAD 2011. 2.3 Construction Phase Services 2.3.1 The Construction Phase will commence upon the issuance by the Owner of a written Notice to Proceed. See Exhibit E. 2.3.2 Those portions of the Work the Contractor does not customarily perform with the Contractor’s own personnel shall be performed under subcontracts with Contractor or, as applicable, by other appropriate agreements with the Owner. The Contractor shall not be required to contract with anyone to whom the Contractor has reasonable objection. 3 2.3.3 The Contractor shall schedule and conduct meetings to discuss such matters as procedures, progress, coordination, scheduling, and status of the Work. The Contractor shall prepare and promptly distribute minutes to the Owner. 2.3.4 Upon the execution of the Executed Guaranteed Maximum Price Proposal as provided in 2.4.1.6, the Contractor shall prepare and submit to the Owner a construction schedule for the Work and submittal schedule. 2.3.5 The Contractor shall record the progress of the Project. On a monthly basis, or otherwise as agreed to by the Owner, the Contractor shall hold regular progress meetings and shall submit written progress reports to the Owner, showing percentages of completion and other information required by the Owner. The Contractor shall also keep, and make available to the Owner, a daily log containing a record for each day of weather, portions of the Work in progress, number of workers on site, identification of equipment on site, problems that might affect progress of the work, accidents, injuries, and other information required by the Owner . See Exhibit F. 2.3.6 The Contractor shall develop a system of cost control for the Work, to include a forecast of anticipated costs and regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Contractor shall identify variances between actual and estimated costs and report the variances to the Owner and shall provide this information in its monthly reports to the Owner. 2.3.7 If Owner abandons the project prior to construction, the fees incurred by Contractor, including but not limited to those specified on Exhibits B and D are payable by Owner to Contractor. 2.4 Compensation for Construction Phase Services 2.4.1 Guaranteed Maximum Price Proposal 2.4.1.1 The Contractor shall prepare a Guaranteed Maximum Price proposal for the Owner’s review and acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Contractor’s estimate of the Cost of the Work, including all costs and contingencies described in Section 2.4.1.4 and the Contractor’s Fee, but shall not include any fees, costs or expenses incurred during the Scoping Phase or Design Phase. 2.4.1.2 To the extent that the Drawings and Specifications are anticipated to require further development, the Contractor shall provide in the Guaranteed Maximum Price for such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include such things as changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order. 2.4.1.3 The Contractor shall include with the Guaranteed Maximum Price proposal a written statement of its basis, which shall include the following: 2.4.1.3.1 A list of the Drawings and Specifications, including all Addenda thereto ; 2.4.1.3.2 A list of the clarifications and assumptions made by the Contractor in the preparation of the Guaranteed Maximum Price proposal, including assumptions under Section 2.4.1.2, to supplement the information provided by the Owner and contained in the Drawings and Specifications; 2.4.1.3.3 A statement of the proposed Guaranteed Maximum Price, including a statement of the estimated Cost of the Work organized by trade categories or systems, allowances, contingency, and the Contractor’s Fee; 2.4.1.3.4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based; and 2.4.1.3.5 A date by which the Owner must accept the Guaranteed Maximum Price. 2.4.1.4 In preparing the Contractor’s Guaranteed Maximum Price proposal, the Contractor shall include its contingency for the Contractor’s exclusive use to cover various miscellaneous expenses, unknown 4 minor costs, and various design and project omissions, ands gaps in the bid scopes, as well as those costs considered reimbursable as the Cost of the Work but not included in a Change Order. 2.4.1.5 The Contractor shall meet with the Owner to review the Guaranteed Maximum Price proposal. In the event the Owner discovers any inconsistencies or inaccuracies in the information presented, it shall promptly notify the Contractor, who shall make appropriate adjustments to the Guaranteed Maximum Price proposal, its basis, or both. 2.4.1.6 If the Owner notifies the Contractor the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal, the Guaranteed Maximum Price proposal shall be deemed effective. Promptly thereafter, Owner and Contractor shall both sign the Guaranteed Maximum Price proposal (hereinafter, the “Executed Guaranteed Maximum Price Proposal”). The Executed Guaranteed Maximum Price Proposal shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. 2.4.1.7 The Contractor shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the commencement of the Construction Phase, unless the Owner provides prior written authorization for such costs or except as provided in Exhibit B and D. See Exhibit G. 2.4.1.8 The Owner shall authorize the Contractor at Owner’s expense to provide the revisions to the Drawings and Specifications to incorporate the agreed-upon assumptions and clarifications contained in the Executed Guaranteed Maximum Price Proposal. The Contractor shall notify the Owner of any inconsistencies between the Executed Guaranteed Maximum Price Proposal and the revised Drawings and Specifications. 2.4.1.9 The Contractor shall not be required to include in the Guaranteed Maximum Price any sales, consumer, use and similar taxes for the Work provided by the Contractor. All such taxes shall be paid as provided in Section 7.4, and the City will provide a tax exempt certificate to the Contractor covering all such taxes for this project promptly upon the execution of this Contract. 2.4.2 Contract Sum. For the Contractor’s performance of the Work as described in Section 2.3, the Owner shall pay the Contractor the Contract Sum in current funds for the Contractor’s performance of the Contract, at such times as further provided in this Contract. The Contract Sum is the Cost of the Work as defined in Section 2.4.4.1 plus the Contractor’s Fee. See Exhibit U. 2.4.3 Guaranteed Maximum Price 2.4.3.1 The Contractor guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Executed Guaranteed Maximum Price Proposal, as it is amended from time to time. Excluding any payment for taxes pursuant to Section 7.4, to the extent the Cost of the Work exceeds the Guaranteed Maximum Price; the Contractor shall bear such costs in excess of the Guaranteed Maximum Price without reimbursement or additional compensation from the Owner. To the extent the Cost of the Work is less than the Guaranteed Maximum Price, the Owner and the Contractor shall share in such savings and Owner shall pay Contractor fifty-cents for every dollar saved below the Guaranteed Maximum Price. 2.4.3.2 The Guaranteed Maximum Price is subject to additions and deductions by Change Order as provided in the Contract Documents, and the Date of Substantial Completion shall be subject to adjustment as provided in the Contract Documents. 2.4.4 Costs to Be Reimbursed 2.4.4.1 The term “Cost of the Work” shall mean costs necessarily incurred by the Contractor in the proper performance of the Work. Such costs shall be at rates not higher than the standard paid at the place of the Project except with prior consent of the Owner, which shall not be unreasonably delayed or withheld. The Cost of the Work shall include only the items set forth in Sections 2.4.5 through 2.4.10 . See Exhibit U. 5 2.4.4.2 Where any cost is subject to the Owner’s prior approval, the Contractor shall obtain this approval prior to incurring the cost. See Exhibit G. The parties shall endeavor to identify any such costs prior to executing the Executed Guaranteed Maximum Price Proposal. 2.4.5 Labor Costs 2.4.5.1 Wages of construction workers directly employed by the Contractor to perform the construction of the Work at the site or, with the Owner’s prior approval, at off-site workshops. 2.4.5.2 Wages or salaries of the Contractor’s supervisory and administrative personnel when engaged in the Scope of Work. 2.4.5.3 Costs paid or incurred by the Contractor for taxes, insurance, contributions, assessments and benefits required by law or collective bargaining agreements and, for personnel not covered by such agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 2.4.4.1 through 2.4.4. 2.4.5.4 Bonuses, profit sharing, incentive compensation and any other discretionary payments paid to anyone hired by the Contractor or paid to any Subcontractor or vendor, with the Owner’s prior approval. 2.4.6 Subcontract Costs. Payments made by the Contractor to Subcontractors in accordance with the requirements of the subcontracts. 2.4.7 Costs of Materials and Equipment Incorporated in the Completed Construction 2.4.7.1 Costs, including transportation and storage, of materials and equipment incorporated or to be incorporated in the completed construction. 2.4.7.2 Costs of materials described in the preceding Section 2.4.7.1 in excess of those actually installed to allow for reasonable waste and spoilage. Unused excess materials, if any, shall become the Owner’s property at the completion of the Work or, at the Owner’s option, shall be sold by the Contractor. Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work, less reasonable expenses of Contractor in completing such sales. 2.4.8 Costs of Other Materials and Equipment, Temporary Facilities and Related Items 2.4.8.1 Costs of transportation, storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and fully consumed in the performance of the Work. Costs of materials, supplies, temporary facilities, machinery, equipment and tools that are not fully consumed shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site. Costs for items not fully consumed by the Contractor shall mean fair market value. 2.4.8.2 Rental charges for temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Contractor at the site and costs of transportation, installation, minor repairs, dismantling and removal. The total rental cost of any Contractor-owned item may not exceed the purchase price of any comparable item. Rates of Contractor-owned equipment and quantities of equipment shall be subject to the Owner’s prior approval, which shall not be unreasonably withheld. 2.4.8.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. 2.4.8.4 Costs of document reproductions, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office. 2.4.8.5 That portion of the reasonable expenses of the Contractor’s supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. 6 2.4.8.6 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner’s prior approval, which shall not be unreasonably withheld. 2.4.9 Miscellaneous Costs 2.4.9.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. Self-insurance for either full or partial amounts of the coverage’s required by the Contract Documents, with the Owner’s prior approval. 2.4.9.2 Fees and assessments for the building permit and for other permits, licenses and inspections for which the Contractor is required by the Contract Documents to pay. 2.4.9.3 Fees of laboratories for tests required by the Contract Documents, except those related to defective or nonconforming Work. 2.4.9.4 Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent rights arising from such requirement of the Contract Documents; and payments made in accordance with legal judgments against the Contractor resulting from such suits or claims and payments of settlements made with the Owner’s consent, which shall not be unreasonably withheld. However, such costs of legal defenses, judgments and settlements shall not initially be included in the calculation of the Contractor’s Fee or subject to the Guaranteed Maximum Price. 2.4.9.5 Costs for electronic equipment and software, directly related to the Work with the Owner’s prior approval, which shall not be unreasonably withheld. 2.4.9.6 Deposits lost for causes other than the Contractor’s negligence or failure to fulfill a specific responsibility in the Contract Documents. 2.4.9.7 Subject to the Owner’s prior approval, which shall not be unreasonably withheld, expenses incurred in accordance with the Contractor’s standard written personnel policy for relocation and temporary living allowances of the Contractor’s personnel required for the Work. 2.4.10 Other Costs and Emergencies 2.4.10.1 Other costs incurred in the performance of the Work if, and to the extent, approved in advance in writing by the Owner. 2.4.10.2 Costs incurred in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons and property. 2.4.10.3 Costs as provided in Section 2.4.1.4 and of repairing or correcting damaged or nonconforming Work executed by the Contractor, Subcontractors or suppliers, to the extent that such damaged or nonconforming Work was not caused by negligence or failure to fulfill a specific responsibility of the Contractor and only to the extent that the cost of repair or correction is not recovered by the Contractor from insurance, sureties, Subcontractors, suppliers, or others. 2.4.11 Costs Not To Be Reimbursed 2.4.11.1 The Cost of the Work shall not include the items listed below: 2.4.11.1.1 Salaries and other compensation of the Contractor’s personnel stationed at the Contractor’s principal office or offices other than the site office, but subject to the provisions of Section 2.4.5.2; 2.4.11.1.2 Expenses of the Contractor’s principal office and offices other than the site office; 2.4.11.1.3 Overhead and general expenses, except as may be expressly included in Sections 2.4.5 to 2.4.10; 7 2.4.11.1.4 The Contractor’s capital expenses, including interest on the Contractor’s capital employed for the Work; 2.4.11.1.5 Costs due to labor strikes and/or the negligence or failure of the Contractor, Subcontractors and suppliers or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable to fulfill a specific responsibility of the Contract; 2.4.11.1.6 Any cost not specifically and expressly described in Sections 2.4.5 to 2.4.10 unless such costs are actual costs required to complete the Work and approved in writing by Owner or are otherwise stated in this Contract; 2.4.11.1.7 Costs, other than costs included in Change Orders approved by the Owner, that would cause the Guaranteed Maximum Price to be exceeded; and 2.4.11.1.8 Costs for services incurred during the Scoping and Design Phases other than those approved in writing in advance by Owner, which shall be paid by Owner as otherwise provided in this Contract. 2.4.12 Accounting Records. The Contractor shall keep full and detailed records and accounts related to the cost of the Work and exercise such controls as may be necessary for proper financial management under this Contract and to substantiate all costs incurred. The accounting and control systems shall be satisfactory to the Owner in the Owner’s reasonable discretion. The Owner and the Owner’s auditors shall, during regular business hours and upon reasonable notice, be afforded access to, and shall be permitted to audit, at the Owner’s expense, the Contractor’s records and accounts, including complete documentation supporting accounting entries, books, correspondence, instructions, drawings, receipts, subcontracts, Subcontractor’s proposals, purchase orders, vouchers, memoranda and other data relating to this Contract. The Contractor shall preserve these records for a period of three years after final payment, or for such longer period as may be required by law. Due to the sensitive nature of the information that may be disclosed by Owner’s audit, including financial, trade secret and work product information of the Contractor and subcontractors which may be beneficial to Contractor and subcontractor’s competitors, Owner agrees that copies of the foregoing records and information shall only be provided to Owner upon Contractor’s consent unless otherwise required by law. 2.4.13 Summary of Definitions regarding financial components. 2.4.13.1 Budget Items: Construction element or task that was bid out and subsequently contracted with a sub- trade supplier. 2.4.13.2 Allowance Items: Construction element or task that is anticipated, but not contracted with a sub-trade supplier. Amount of the allowance can be designated by (a) estimation, or (b) as a re sult of a RFP. 2.4.13.3 Contingency Items: a Construction element or task that is unintentionally omitted from the RFP process, but still required as part of the Scope. b Modification to an originally budgeted or anticipated construction element or task, as a result of local permitting, or code enforcement modifications. c Modification to an originally budgeted construction element or task, as a result of commodity pricing or component availability. d Contingency dollars could be used to cover “net overages” of Allowance Items. e Construction element or task that results in an immaterial deviation from the contracted (a) Proposal, (b) Drawings, (c) Plans, or (d) Specifications AND (e) deemed to be “in scope”. 2.4.13.4 Change Order Items: Construction item or element that is a material deviation from the contracted (a) Proposal, (b) Drawings, (c) Plans, or (d) Specifications, AND (e) deemed to be “in scope” or “out of scope”. 3. OWNER’S RESPONSIBILITIES 8 3.1 Owner’s Responsibilities During Scoping Phase 3.1.1.2 A program and other relevant information describing the Owner's Project objectives, constraints and requirements, including the Project budget and completion requirements. 3.1.1.3 To the extent it is not within the Contractor’s Scope of Wo rk or the responsibility of the Contractor in Sections 4.6 and 4.7, Owner shall secure and pay for necessary easements and governmental approvals for the construction, use or occupancy of the Project, including legal services required therefor. 3.1.1.4 Promptly respond to Contractors’ inquiries and requested approvals as necessitated during the Scoping, Design and Construction Phase. 3.1.2 The information and services required by Paragraph 3.1.1 shall be furnished with reasonable promptness at the Owner's expense, and the Contractor shall be entitled to rely on their completeness and accuracy. 3.2 Owner’s Responsibilities During Design Phase 3.2.1 The Owner shall review (i) the Design Documents and other information furnished by the Contractor during the Design Phase as set forth under Section 2.2, and (ii) the Guaranteed Maximum Price Proposal as set forth in Section 2.4.1, each within 20 business days of receipt by Owner. 3.3 Owner’s Responsibilities During Construction Phase 3.3.1 The Owner shall at once report to the Contractor any errors, inconsistencies or omissions the Owner discovers in the Construction Documents. Failure by the Owner to report to the Contractor any such errors, inconsistencies or omissions shall not relieve the Contractor of any of its responsibilities with respect to such errors, inconsistencies or omissions, unless Contractor cannot reasonable infer such items from the Owner’s Program. 3.4 Legal Requirements. The Owner shall furnish all legal and accounting services, including auditing services that may be reasonably necessary at any time for the Project to meet the Owner’s needs and interests. 3.5 Owner’s Representative: Notwithstanding anything in this Contract to the contrary, Contractor acknowledges and agrees that (i) Doug Gannon, Parks and Recreation Director , shall be Owner’s representative for the administration of the Work (the “Owner’s Representative”), (ii) no Change Order shall be deemed approved by Owner nor may Contractor have a claim for additional services unless a written change order has been executed and delivered by Owner’s Representative, (iii) any work outside the scope of the Work set forth in this Contract and any properly executed Change Orders cannot be authorized by other representatives, agents, employees, officers, members or consultants, contractors of Owner (whether requested in writing or verbally by such other representative, agents, employees, officers, members, consultants or contractors). Owner’s Representative shall be allowed (but not required to be) on the Site at all times, however, such shall not relieve or release Contractor from any of its obligations or responsibilities under this Contract. 4. CONTRACTOR’S RESPONSIBILITIES 4.1 Conduct of Services 4.1.1 Contractor represents and warrants to the Owner that Contractor is competent to perform and provide the services required by this Contract, and the Contractor has the necessary permits, licenses and qualifications to perform such services. When applicable law requires that services be performed by licensed professionals, the Contractor shall have those services provided through the performance of qualified persons or entities duly licensed to practice their professions, including but not limited to, lawfully licensed architects, engineers or other design professionals. Contractor shall exercise skill, care and diligence in the performance and provision of the Work required by this Contract. Contractor shall perform the services promptly and in conformity with the requirements of this Contract, and in this regard shall carry out its obligations under this Contract in accordance with customarily accepted practices. In the event that Contractor should fail to comply with any of the foregoing requirements or standards, Contractor shall perform at its own costs and without reimbursement from the Owner, the services necessary to correct deficiencies in the services or work which are so caused. Contractor’s representations and warranties in this Section shall terminate at the times provided in Section 11.1. 9 4.1.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractor’s employees, architects, contractors, subcontractors, engineers, design professionals, and their agents and employees, and other persons or entities performing any portion of the obligations required to be completed by Contractor under the Contract Documents. 4.1.3 When requested, the Contractor shall obtain from each of the Contractor’s professionals and furnish to the Owner certifications with respect to the documents and services provided by such professionals (a) that, to the best of their knowledge, information and belief, the documents or services to which such certifications relate (i) are consistent with the Contract Documents and the Design Documents, except to the extent specifically identified in such certificate, (ii) comply with applicable industry and professional practice standards, and (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and (b) that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in such certifications. 4.2 Project and Payment Schedule 4.2.1 The Construction Schedule 4.2.1.1 Contractor shall prepare and maintain a schedule (the “Construction Schedule”) to meet the “Milestones” identified in the attached Exhibit H, as modified from time to time by the parties. The Construction Schedule shall accurately represent and reflect, to the best of Contractor ’s knowledge, experience and ability, the total time and monies required to complete each task and the progress of the Work relative to the Substantial Completion Date (as hereinafter defined). The Contractor shall promptly revise the Construction Schedule as the scope of the Project changes and report any revisions in the Construction Schedule to “Owner’s Representative”. 4.2.1.2 Time is of the essence of this Contract. In the event that the Contractor does not meet the Milestones for reasons other than Excusable Delay, Contractor shall, at its sole cost and expense, implement remedial actions reasonably necessary to achieve Contract compliance. In addition, in the event the Owner determines the Work to achieve the Milestones has not progressed or reached the level of completion required by this Contract for reasons other than Excusable Delay, the Owner shall have the right at Owner’s cost [through the use of Contractor’s Contractual Contingency Fund]to order the Contractor to take corrective measures necessary to expedite the progress of the Work, including, without limitation, (i) working additional shifts or overtime, (ii) supplying additional manpower, equipment and facilities, and (iii) other similar measures (collectively, the “Extraordinary Measures”). Such Extraordinary Measures shall continue until the progress of the Work complies with the Construction Schedule. The Owner’s right to require Extraordinary Measures is solely for the purpose of ensuring the Contractor’s compliance with the Construction Schedule. The Contractor shall not be entitled to an adjustment in the Contract Sum or Construction Schedule (for reasons other than Excusable Delay) in connection with Extraordinary Measures required by the Owner under or pursuant to this paragraph unless this Contract otherwise expressly permits the same and Owner may exercise the rights furnished the Owner under or pursuant to this paragraph as frequently as the Owner deems necessary to ensure that the Contractor’s performance of the Work will comply with any Milestone date or completion date set forth in the Construction Schedule. 4.2.2 Substantial Completion 4.2.2.1 As used in this Contract, the term “Substantial Completion” or “Substantially Completed” shall mean the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents and verified by both Owner and Contractor, in order that the Owner can occupy or utilize the Project for its intended use. 4.2.2.2 The Work to be performed under this Contract shall be Substantially Completed as soon as reasonably practical but in no event later than __June 30, 2026____________ (the “Substantial Completion Date”). The Substantial Completion Date may be modified by the parties as provided in Section 6.2 or 12.1. The period between the date of this Contract and the Substantial Completion Date shall be the “Contract Period”. 10 4.2.3 Certificate of Substantial Completion 4.2.3.1 When the Contractor considers the Work to be substantially complete, the Contractor shall provide written notice to Owner. See Exhibit I. Promptly following Owner’s receipt of such notice, Contractor and Owner’s Representative shall meet at the Site, inspect the Work and review test results if any, in order for the Owner to determine whether the Work is substantially complete. Substantial completion shall not be considered by the Owner unless all required inspections have been performed and passed. Contractor and Owner’s Representative shall also complete a comprehensive list of all items to be completed or corrected (the “Punchlist”) by the Contractor. Failure to include an item on the Punchlist shall not alter the Contractor’s responsibility to complete all Work in accordance with this Contract. Contractor shall commence with the correction and/or completion of any item on the Punchlist immediately thereafter. If the items set forth on the Punchlist are not corrected within the agreed upon timeframe as agreed to in writing by Owner and Contractor, Owner shall have the right to hire an independent contractor to complete the work on Contractor’s behalf and shall have the right to deduct the direct costs of such work, including the cost of any supervision, from the Contractors Contractual Contingency Fund, Final Payment, or bill Contractor for such costs. If an item cannot reasonably be corrected within a fourteen (14) day timeframe, the reasons therefore shall be explained in writing on the Punchlist to Owner’s reasonable satisfaction. The Punchlist shall in no way waive or alter any other rights of Owner under this Contract pertaining to warranties, latent defects, or otherwise. 4.2.3.2 When the Owner approves the Work as substantially complete, the Owner shall prepare a Certificate of Substantial Completion to be executed by Contractor and Owner establishing the date of Substantial Completion, and the time within which Contractor shall finish the Punchlist items accompanying the Certificate. See Exhibit J. The Punchlist shall be attached to the Certificate of Substantial Completion. Warranties required by this Contract shall commence on the earlier of: (i) the date that the City of Cape Girardeau City Council accepts warrantied items; or (ii) 30 days after the work or items under warranty are placed in service by Owner, unless otherwise provided in the Certificate of Substantial Completion or in Section 11.1. 4.2.4 Certificate of Substantial Completion 4.2.4.1 Promptly following issuance of the Certificate of Substantial Completion, Contractor shall commence and complete all remaining Punchlist items as provided in the Certificate of Substantial Completion. 4.2.4.2 Upon completion of the Punchlist, the Contractor shall provide written notice to Owner and request an inspection by the Owner to determine whether the Project is “Commercially Operational.” See Exhibit K. When the Owner determines that all Punchlist items are complete, it shall deem the Project “Commercially Operational.” See Exhibit L. When the Project is Commercially Operational, Owner shall release the Retainage to Contractor as provided in Paragraph 7.3. 4.2.5 Delay Damages 4.2.5.1 Any delay by Contractor in performing its obligations under this Contract which is caused by an event beyond the reasonable control of the Contractor and which could not have been avoided by the Contractor without incurring additional cost through the use of work around plans including alternative sources or other means, constitutes an Excusable Delay. Events may include, but are not restricted to, riots, labor disputes, materials transport, materials fabrication, civil disturbances, actions or inactions of governmental authorities, provided Contractor has followed the provisions and timelines outlined by the authorities, delays in the granting of governmental and utility permits and approvals, provided Contractor has followed the provisions and timelines outlined by the authorities, epidemic, war, embargoes, severe weather, fire, earthquake, acts of God, or defaults by the other party. Excusable Delay shall also include such reasonable time following an event, including the time required to correct any damages and the time when Work cannot be completed due to unsuitable site conditions. Contractor shall give written notice to the Owner within seven (7) business days after the occurrence of the event that causes the Excusable Delay. See Exhibit M. The notice shall state the cause and circumstances of the delay and indicate the portion of the Work affected by the delay. Unless Contractor materially complies with the notice requirements set forth above, any delay that would otherwise constitute an Excusable Delay shall be deemed not to be an Excusable Delay. In the event of any such default, delay or failure to perform, any dates or times by which the Contractor otherwise is scheduled to perform shall be extended for a period of time equal in duration to the additional time required because of the excused default, delay or failure to perform and the parties 11 shall increase the Cost of the Work and Guaranteed Maximum Price for any additional Work directly relating to the Excusable Delay as provided herein. 4.2.5.2 Except for Excusable Delays where the Contractor has given timely written notice to the Owner, Contractor shall pay to Owner the amount of $500 for each day after the date of Substantial Completion it takes Contractor to complete the Work. Substantial Completion shall not be met until all required inspections have been performed and passed. The maximum delay amount will be no greater than $60,000. This amount represents a reasonable estimate of the damages to be suffered by Owner as a result of such delay and is not a penalty. Owner may deduct the above amount and withhold the same as liquidated damages from payments due or owing to Contractor. Such liquidated damages shall only relate to delay damages attributable to the acts or omissions of Contractor and its subcontractors, sub-subcontractors and suppliers and shall not affect any other rights, remedies or damages that the Owner may be entitled to at law or in equity for Contractor’s default under this Contract. Contractor hereby waives any defense as to the validity of any liquidated damages stated in this Contract as they may appear on the grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages. 4.3 Project Meetings 4.3.1 Contractor shall schedule and conduct periodic meetings in person or via telephone conference or online meetings as reasonably determined by Contractor that can be attended by the Owner’s Representative and appropriate staff/project team, the “Contractor’s Representative” (hereinafter defined), relevant subcontractors, relevant material suppliers, and other relevant parties. Such meetings shall serve as a fo rum for the exchange of information concerning the Project and review of the Construction Schedule, and may include verification that any Milestones have been met and that payment for achievement of the Milestone(s) is or may be due. Contractor shall prepare and distribute in advance an agenda for each meeting and shall record, transcribe and distribute minutes to all attendees for such meetings. 4.4 Materials and Engineering, etc. 4.4.1 Contractor warrants to Owner that materials and equipment that Contractor furnishes under this Contract are to Contractor’s knowledge, information and belief, of good quality and new, except as otherwise expressly required or permitted by this Contract or approved by Owner, that the Work will be free from material defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract. Work not conforming to these requirements, including substitutions not properly approved or authorized by the Owner, shall be considered defective. Cure of such defect shall be by correction or replacement of the Work, at the Contractor’s cost. If required by Owner, Contractor shall supply satisfactory evidence as to the kind and quality of materials and equipment. 4.4.2 The Contractor agrees: (i) that all materials incorporated by it during the Work and all materials delivered by it for incorporation in the Project shall be free of any and all liens, claims, chattel mortgages, security interests, and conditional sales agreements of third parties (ii) that any monies it shall receive in payment for Work performed under this Contract shall be received in trust and used to discharge its financial obligations with respect to the Work; (iii) that it will not file or cause to be filed any mechanic’s lien for materials furnished or to be furnished and/or for labor performed or to be performed unless default shall first have been made by Owner in making a payment under this Contract and ten (10) business days prior written notice of such default shall have been given to Owner; (iv) that if any subcontractor or any materialman or anyone claiming by or through such subcontractor or materialman shall file or cause to be filed any lien, Contractor will upon notice from Owner, cause such lien to be canceled and discharged (by payment, bonding or otherwise) within ten (10) business days from such notice; (v) and in the event of Contractor’s failure to observe any of the foregoing, Owner shall have the right to cause such lien to be canceled and the cost thereof, including the premiums upon any bond furnished for such cancellation and discharge and reasonable attorneys fees and disbursements, shall be paid by Contractor or at the option of Owner shall be deducted from any payment then due or thereafter becoming due from Owner to Contractor. Nothing contained in the preceding sentence or otherwise in this Contract shall be deemed to create a relationship between Owner and Contractor other than that of Owner and independent contractor. Said right shall be cumulative and shall be in addition to any and all other rights and remedies herein or otherwise by law given to Owner. Upon receipt of evidence of Contractor’s default hereunder with respect to its obligations to make payments to its subcontractors and suppliers after Owner has made payment to Contractor with respect to same , Owner reserves the right (but not the obligation) to, after three (3) business days prior written notice, retain any money due Contractor and pay directly for labor, materials, equipment, tools, plant, facilities, services and all other obligations of Contractor and to deduct the 12 amount of any such direct payments from any payments or amounts then due or thereafter to become due to Contractor. 4.5 Supervision of the Work 4.5.1 Contractor’s Representative: Owner acknowledges and agrees that _Todd Stych_ shall be Contractor’s representative for the Project (the “Contractor’s Representative”). Prior to the commencement of the Work, Contractor shall provide to Owner the Contractor’s address, office and mobile telephone numbers, and other contact information for Contractor’s Representative. Any changes to such information shall be provided in advance to Owner. Contractor’s Representative (or Contractor’s site manager) shall be in attendance at the Project site during the performance of the Work, accessible to the Owner at all times, and shall at all times maintain good discipline and order with its employees, subcontractors, suppliers, materialmen, and laborers. Contractor’s Representative shall not be replaced or reassigned to any other project prior to the Substantial Completion Date without Owner’s prior written consent. Contractor shall supplement its staff with whatever additional supervisory personnel are reasonably required to assure that the Work shall be finished by the Substantial Completion Date. 4.5.2 Changes to Supervisory Authority: Neither Contractor’s Representative nor Owner’s Representative shall be changed without five (5) business days’ written notice to the other party. 4.6 Compliance with Laws 4.6.1 Contractor shall comply with all laws, ordinances, rules, regulations and lawful orders of public authority as bearing on the performance of the Work. The Contractor shall confirm that any information in the drawings and specifications portion of the Contract Documents provided by Contractor complies with applicable laws, regulations and codes and the Contractor shall immediately notify Owner in writing if said drawings and specifications are observed to be at variance with such laws, ordinances, rules, regulations and lawful orders of any public authority. In the event that a specific requirement of the Contract Documents conflicts with applicable laws, regulations and codes, the Contractor shall furnish Work which complies with such laws, regulations and codes. 4.6.2 This Contract shall be based upon payment by Contractor and its subcontractors of wage rates not less than the prevailing hourly wage rate as determined by the Federal Wage Order or the State of Missouri Department of Labor and Industrial Relations, whichever is higher. Not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri or the United States Department of Labor, whichever is higher, shall be paid to workers performing under this Contract. Contractor shall comply with all requirements of the prevailing wage law of the Revised Statutes of Missouri, Sections 290.210 to 290.340, including the latest amendments thereto. Contractor shall comply with all requirements of the Code of State Regulations relating to prevailing wage. Before Final Payment can be made under this Contract, Contractor and each Subcontractor shall file with the Owner an affidavit stating that they have fully complied with the provisions and requirements of the prevailing wage law and regulations of Missouri, Sections 290.210 to 290.340; and the corresponding req uirements of the Code of State Regulations relating to prevailing wage. 4.7 Permits and Licenses 4.7.1 Upon the Owner’s approval of the Design Documents, the Contractor shall make application for such permits and licenses as have been identified by Contractor as necessary for the design and/or construction of the Project. Owner and Contractor shall agree on which party has responsibility for obtaining the licenses and permits. See Exhibit N. The responsible party shall work diligently and continuously to obtain same. The cost for all such permits and licenses shall be paid as provided on Exhibit N. In the event all necessary permits and licenses are not obtained within a time to be agreed to by the parties, Owner shall have the right to terminate this Contract upon written notice to Contractor, whereupon this Contract shall be terminated and the parties released of all further obligations each to the other, except as otherwise expressly set forth herein, and with Owner paying Contractor such prorated fees and other costs which have occurred or accrued up to the date of termination. Immediately upon receipt of valid permits, Contractor shall provide copies to Owner. 13 4.8 Job Site Safety/Hazardous Materials 4.8.1 Job-Site Safety/Control of Work: Contractor shall use best efforts to maintain and protect the Work from damage and the elements and shall protect and take all reasonable precautions to protect Owner, the Project, any third party and the property of any third party from injury or loss during the course of the Work. 4.8.2 Contractor shall comply with all applicable rules and regulations of any public authority having jurisdiction for the safety of persons or property. Contractor shall erect and maintain as required by existing conditions and progress of the Work all reasonable safeguards for safety and protection, including posting danger signs, promoting safety regulations and notifying Owner and users of adjacent utilities and properties. The Contractor shall promptly report in writing to the Owner all accidents arising out of or in connection with the Work that cause death, personal injury, or property damage, giving full details and statements of any witnesses. In addition, if death, serious personal injuries, or serious damages are caused, the accident shall be reported immediately by telephone or messenger to the Owner’s Representative. 4.8.3 If the severity of the elements makes it impossible to continue operations in a safe manner in spite of all reasonable precautions, Contractor shall cease work and immediately notify Owner. Anything damaged due to Contractor’s negligence shall be promptly removed and replaced with new work at Contractor’s cost and expense. 4.8.4 Contractor shall keep the Project and surrounding area free from accumulation of debris or rubbish. At the completion of the Work, Contractor shall remove all waste materials, rubbish, tools, construction equipment, machinery and surplus materials not sold at the request of the Owner from the Project. 4.8.5 Disposal of Hazardous Samples/Materials and Contaminated Equipment: All samples and materials produced in the course of Contractor’s work pursuant to this Contract containing or potentially containing hazardous materials or constituents are the property and responsibility of Owner and shall be returned to Owner for proper disposal. All laboratory and field equipment that cannot readily and adequately be cleansed of its hazardous contaminants shall be the property and responsibility of Owner. All such equipment shall be charged and turned over to Owner for proper disposal. Alternate arrangements to turn such equipment, materials and/or samples directly over to a licensed hazardous waste disposal facility may be made at Owner’s direction and expense. The parties acknowledge and agree that Contractor is not, and has no responsibility as, a handler, generator, operator, treater, storer, transporter, or disposer or hazardous or toxic substances, waste or materials found or identified at the site. Owner shall accept responsibility for the removal and offsite disposal of any such hazardous materials. This provision does not apply if such hazardous materials, samples, or contaminated equipment is transported to the site by the Contractor or that is a result of the Contractors negligent or unauthorized actions. 4.8.6 Notification of Hazardous Materials: Owner hereby warrants that, if it knows or has any reason to assume or suspect that hazardous materials may exist at the project site, it has so informed Contractor. Owner shall furnish to Contractor all documents and information known to Owner that relate to the identity, location, quantity, nature or characteristics of any hazardous materials or suspected hazardous materials, on or under the site. 4.8.7 Differing Site Conditions. If the Contractor encounters conditions at the Project site that are (1) subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Contract or (2) unknown physical conditions of an unusual nature, that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract, the Contractor shall promptly provide written notice to the Owner before conditions are further disturbed. Contractor shall not be required to perform any work relating to the condition after providing writing notice to Owner without the written mutual agreement of the parties. The Owner will promptly investigate such conditions and, if the Owner reasonably determines that the conditions differ materially and cause an increase or decrease in the Contractor’s cost of, or time required for, performance of any part of the Work, will issue a Change Order adjusting the Contract Sum and/or the Contract Period. If the Owner determines that the conditions at the site are not materially different and that no change in the terms of the Contract is justified, the Owner will notify the Contractor in writing; provided, however, that the Contract Period will be extended for a period of time equal to the time from when Owner receives Contractor’s written notice as provided in this Subsection and to the time Owner makes its determination as provided herein . If Contractor disputes the Owner’s determination, it may proceed as provided in Section 12.1. 5. SUBCONTRACTORS 14 5.1 Definitions. A subcontractor is a person or entity who has a direct contract with the Contractor, to perform a portion of the Work at the Site. A sub-subcontractor is a person or entity who has a direct or indirect contract with a Subcontractor to perform a portion of the Work at the Site. 5.2 Award of Subcontracts and Other Contracts for Portions of the Work 5.2.1 The Contractor has listed the names of subcontractors (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work on Exhibit V. The Owner hereby accepts such list and agrees that it has no objection to any subcontractor stated on such list. 5.2.2 In the event it becomes necessary to replace any subcontractor on Exhibit V or to add additional subcontractors, the Contractor shall propose a subcontractor in writing to Owner. Owner shall have 5 days after receiving such written notice to either accept or reject Contractor’s proposal. Failure to reply within the 5 day period shall constitute acceptance by the Owner of the subcontractor(s). The Contractor shall not contract with a proposed person or entity to which the Owner has made reasonable and timely objection. 5.2.3 If the Owner has reasonable objection to a person or entity proposed by the Contractor, the Contractor shall propose another to whom the Owner has no reasonable objection. The Project Construction Schedule shall be adjusted to the extent of any delay by Owner in objecting to a person or entity proposed by the Contractor and, in this regard, any such Owner delay will also be an Excusable Delay. 5.2.4 The Contractor shall not substitute a person or entity previously selected if the Owner makes reasonable objection to such substitution. 5.2.5 If the proposed but rejected subcontractor was reasonably capable of performing the Work, the Contract Sum may be increased or decreased by the difference, if any, occasioned by such change with an appropriate Change Order to be issued before commencement of work by the subcontractor. 5.3 Subcontractual Relations. By appropriate written agreement, the Contractor shall require each subcontractor, to the extent of the Work to be performed by the subcontractor, to be bound to the Contractor by terms of this Contract, and to assume toward the Contractor all the obligations and responsibilities, subject to Section 10.4, including the responsibility for safety of the subcontractor’s Work, which the Contractor, by this Contract, assumes toward the Owner and, as applicable, the Owner, by this Contract, assumes toward the Contractor. Each subcontract agreement shall preserve and protect the rights of the Owner and Contractor under this Contract with respect to the Work to be performed by the subcontractor so that subcontracting thereof will not prejudice such rights. The Owner and Contractor shall require each of their respective subcontractors to enter into similar agreements with sub-subcontractors. The Contractor, shall make available to each proposed subcontractor, prior to the execution of the subcontract agreement, copies of the Contract to which the subcontractor will be bound, and, upon written request of the subcontractor, identify to the subcontractor terms and conditions of the proposed subcontract agreement that may be at variance with this Contract. Subcontractors will similarly make copies of applicable portions of such documents available to their respective proposed sub-subcontractors. 5.4 Contingent Assignment of Subcontracts 5.4.1 Each subcontract agreement for a portion of the Work is assigned by the Contractor to the Owner, provided that: 5.4.1.1 Assignment is effective only after termination of this Contract by the Owner for cause pursuant to Section 3.3 and only for those subcontract agreements that the Owner accepts by notifying the Subcontractor and Contractor in writing; and 5.4.1.2 Assignment is subject to the prior rights of the surety, if any, obligated under bond relating to this Contract. When the Owner accepts the assignment of a subcontract agreement, the Owner assumes the Contractor’s rights and obligations under the subcontract. 5.4.2 Upon such assignment to the Owner under this Section 5.4, the Owner may further assign the subcontract to a successor contractor or other entity. 5.5 Owner’s Right to Perform Construction and to Award Separate Contracts 15 5.5.1 The Owner reserves the right to perform construction or operations related to the Project with the Owner’s own employees and to award separate contracts in connection with other portions of the Project or other construction or operations on the site, if such portions are not included in the Work to be completed by Contractor. The term “separate contractor” shall mean any contractor retained by the Owner pursuant to this Section. The Contractor shall cooperate with the Owner and separate contractors whose work might interfere with the Contractor’s Work. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such Claim as provided in Section 12.1. 5.5.2 The Contractor shall provide for coordination of the activities of the Owner’s own employees and of each separate contractor with the Work of the Contractor. The Owner shall ensure that its own forces and its separate contractors cooperate with the Contractor in such coordination. The Contractor shall participate with other separate contractors and the Owner in reviewing their construction schedules as is necessary for coordination of the Project. The Contractor shall make any revisions to the construction schedule deemed necessary after a joint review and mutual agreement with the Owner. The construction schedules shall then constitute the schedules to be used by the Contractor, separate contractors and the Owner until subsequently revised. 6. CHANGES 6.1 Changes to Work by Owner. Owner shall have the right to make changes to the Work, without invalidating this Contract. All such changes shall be performed under the conditions of this Contract, except that no extra work or modification shall be done without prior written authorization from Owner’s Representative, and shall not be paid for without a written Change Order from Owner’s Representative in accordance with this Section 6 (“Change Order”). A form for the issuance of a Change Order is attached as Exhibit O. In order for the Owner to manage and track Change Orders and their impact on the total cost of the Work, Contractor must provide to the Owner prior to the issuance of a Change Order a cost breakdown for the item of extra work and a reference to the corresponding Milestone for which the work will be done as referenced in the Construction Schedule. Any Change Order which decreases the Work shall inure to the benefit of Owner and the Contract Sum shall be reduced by the actual cost savings to Contractor. If a Change Order increases the cost of the Work then the Contract Sum and Guaranteed Maximum Price shall be increased accordingly. Notwithstanding anything to the contrary in this Contract, if the Owner decides to increase or decrease the Work or otherwise alter the Work by deductions or additions, including without limitation the elimination of any one or more of the items as provided in the Contract, Contractor shall perform the Work as so altered and the Contract Sum and Guaranteed Maximum Price shall be reasonably increased or decreased accordingly. Agreement on any Change Order shall constitute a final settlement of all matters relating to the change in the Work that is the subject of the Change Order, including, but not limited to, all direct and indirect costs associated with such change and any and all adjustments to the Contract Sum and the Construction Schedule. In this regard, on any Change Order which increases the Work, Contractor shall include all direct costs for subcontractors and materials, plus a markup [to be negotiated]. In addition, if the Change Order would reasonably add time to the Project timeline, Contractor shall include all reasonable costs of Contractor for the additional days of field supervision and all ancillary expenses required due to the extended Project timeline. 6.2 Change Order Required. Any extension of time for the completion of the Work as a result of a Change Order shall be agreed to by the parties and set forth within such Change Order. If the Work required under a Change Order would reasonably require an extension of time, then a reasonable time extension shall be given as a part of such Change Order. No order, statement or conduct of Owner or its representatives shall be treated as a Change Order, or entitle Contractor to an equitable adjustment in the Contract Sum or extension of the Contract Period, unless pre-approved in writing by Owner or Owner’s Representative. Change Orders are intended to be all inclusive and exhaustive as to primary and foreseeable collateral conditions, situations and effect. Unless documented by a Change Order or written authorizations of Owner or Owner’s Representative, any claims for additional work (other than Claims of Contractor as otherwise herein provided) performed by Contractor shall be deemed waived. Accordingly, no course of conduct or dealings between the parties, nor express or implied acceptance of alterations or additions to the Work, shall be the basis of any claim to an increase in any amounts due under this Contract or a change in any time period provided for in this Contract. 6.3 Minor Changes. Owner shall have the authority to order (in writing) minor changes in the Work consistent with the intent of this Contract and not involving an adjustment in the Contract Sum or the Construction Schedule , but shall be paid by Owner from its contingency fund. See Exhibit P. In the event Contractor is unable to accommodate the change without initiating a Change Order, then Contractor shall notify Owner’s Representative immediately and require direction. 7. METHOD OF PAYMENT 7.1 Invoicing 16 7.1.1 Throughout the course of this Contract, Contractor shall invoice Owner monthly pursuant to a format agreed to by Owner, including without limitation the requirements set forth in Exhibit Q attached hereto (an “Invoice”). All fees, costs and expenses for the Scoping Phase and Design Phase shall be paid with 30 days after the start of the Construction Phase. 7.1.2 Invoicing will take place in the third week of the month and will be based on progress and completion percentage. Invoices received by the Owner by the 20th of the month will be paid by the 10th of the immediate following month. 7.2 Monthly Progress Payments 7.2.1 Upon satisfactory progress of the Work and receipt by Owner, Owner’s Representative and Owner’s lender, if any, or its representative, if any, of an approved Invoice as defined in Section 7.1.1 including all supporting documentation described below, Owner will make monthly progress payments on this Contract as set forth in Section 7.2.7, except when in Owner’s reasonable opinion it is necessary to withhold an amount to protect Owner from loss due to: 7.2.1.1 defective work of Contractor not remedied; 7.2.1.2 claims or liens filed on the Project as a result of Contractor’s acts or omissions; 7.2.1.3 failure of Contractor to make payment promptly to subcontractors or material suppliers for labor, materials or equipment; 7.2.1.4 damage to Owner or another contractor as a result of Contractor’s acts or omissions; 7.2.1.5 reasonable evidence that the Work will not be completed in accordance with the Construction Schedule as a result of Contractor’s acts or omissions; or 7.2.1.6 a persistent failure by the Contractor to carry out the Work in accordance with this Contract. 7.2.3 Supporting Documentation. In addition to other required items, each Invoice shall be accompanied by the following, all in form and substance reasonably satisfactory to Owner: 7.2.3.1 Documentation that the relevant portion of the Work performed by the Contractor or its subcontractors is complete and has been inspected for compliance with the Contract. 7.2.3.2 A duly executed and acknowledged Contractor’s sworn statement (an “Affidavit of Payment”), See Exhibit R, showing all subcontractors with whom Contractor has entered into subcontracts, the amount of such subcontract, the amount requested for any subcontractor in the Invoice and the amount to be paid to Contractor from such progress payment, together with similar statements from all subcontractors and, where appropriate, from sub-subcontractors and suppliers of materials; 7.2.3.3 When reasonably available, duly executed waivers and releases of mechanics’ and materialmen’s liens from Contractor and such relevant subcontractors, suppliers or sub-subcontractors or suppliers who may have or claim to have valid lien rights in accordance with applicable law (and sub-subcontractors and suppliers of materials, to each tier), establishing payment or claim to have or satisfaction of the payment requested by Contractor in the Invoice, which at a minimum, shall comply with the requirements of the law. See Exhibit S. 7.2.4 Right to Full Compliance. If Owner elects to make any payment without receipt of all required supporting documentation, any such payment shall not be deemed a waiver of Owner’s right to demand the required documentation and Owner shall have the right to insist upon full compliance with the requirements hereof as a condition to any and all future payments. 7.2.5 Inspection of Work in Place. Upon 24 hours written notice, Owner may from time to time inspect the progress and sufficiency of the Work in place at Contractor’s place of business or such other locations where the Work is being manufactured or assembled. 17 7.2.6 Retainage. The Owner may withhold from each payment a sum representing 5% of the payment amount to the Contractor for the Contractor’s work to be held as Retainage and payable as provided herein and provided further that no Retainage amounts from any subcontractor shall be withheld by Owner for longer than sixty (60) days following the date in which any such subcontractor’s work is fully completed. 7.2.7 Timing of Monthly Progress Payments. Contractor shall submit monthly Invoices to Owner for payment of Work achieved for such month, including any Change Order. Owner shall pay the amount due within thirty (30) days after receipt of an original Invoice that complies with Section 7.1 and the satisfaction of all other requirements set forth in Section 7.2. Submission of an Invoice that complies with Section 7.1 and the reasonable satisfaction of all requirements set forth in Section 7.2 are conditions precedent to payment from the Owner to the Contractor. Additionally, if there is a dispute as to the amount due, Owner shall pay the undisputed portion of the Invoice and the parties shall cooperate in good faith to promptly resolve the dispute with respect to the unpaid amount. Owner may set off against any payment due to Contractor under this Contract, or any other agreement between the Owner Indemnified Parties (as hereinafter defined) and Contractor or its affiliates, any amounts that Owner spends or losses Owner incurs as a result of Contractor’s uncured default as provided in Section 12.2. 7.3 Final Payment 7.3.1 Timing of Final Payment 7.3.1.1 Owner shall make the final payment (the “Final Payment”) to the Contractor, including all Retainage, after the final acceptance of the project by the City of Cape Girardeau City Council. The City staff will submit the request for final payment, within thirty (30) days after: 1) the Owner deems the Project Commercially Operational as set forth in Section 4.2.4.2; 2) receipt of a final Invoice that complies with Sections 7.1 and 7.2; and 3) the satisfaction of all other requirements set forth in Section 7.3.4. Each of these three requirements are conditions precedent to Final Payment. Additionally, if there is a dispute as to the amount due, Owner shall pay the undisputed portion of the Final Payment and the parties shall cooperate in good faith to promptly resolve the dispute with respect to the unpaid amount. Owner may set off against any payment due to Contractor under this Contract, or any other agreement between the Owner Indemnified Parties (as hereinafter defined) and Contractor and its affiliates, any amounts that Owner spends or losses Owner incurs as a result of Contractor’s uncured default under Section 12.2 of this Contract. 7.3.1.2 In the event Contractor does not timely comply with any of the requirements set forth above for the Final Payment, Contractor agrees that Owner shall retain such relevant portion of the Final Payment directly related to the failed material requirement to protect Owner against any lien rights or claims, until such requirements for the Final Payment have been satisfied. 7.3.2 The acceptance of the Final Payment by Contractor shall constitute a waiver of all claims by Contractor relating to the Work, but shall in no way relieve Contractor of liability for the obligations assumed under this Contract or for any faulty or defective work or services discovered after the Final Payment. Contractor shall include the terms of this Paragraph 7.3.2 in its agreement with all of its subcontractors and suppliers. 7.3.3 Payment by Owner to Contractor of any sums due pursuant to this Contract does not constitute or imply acceptance of any portion of the Work. 7.3.4 Prior to Final Payment, and as a condition precedent thereto, Contractor shall furnish Owner with the following: 7.3.4.1 All operating, safety and maintenance manuals; 7.3.4.2 Marked sets of the construction documents reflecting “as built” conditions; including the location of any concealed utilities, mechanical or electrical systems and components; 7.3.4.3 An assignment and/or transfer of all guaranties and warranties from subcontractors, vendors, suppliers and manufacturers; 7.3.4.4 A list of the names, addresses and phone numbers of all subcontractors and other persons providing guaranties or warranties; 18 7.3.4.5 An Affidavit of Payment and a duly executed Final Payment Certification, Release and Lien Waiver (see Exhibit T) from all of Contractor’s subcontractors, suppliers or sub-tier subcontractors or suppliers who may have or claim to have valid lien rights in accordance with the law; 7.3.4.6 All permits, including, but not limited to, municipality controlled inspections, certificat es of occupancy, certificates of completion or similar certification, all licenses and permits necessary for use, occupancy or maintenance of the Project; and 7.3.4.7 Certification of any other item or material and any other document reasonably requested by Owner. 7.4 Taxes 7.4.1 The rates or prices stated in this Contract, including the Guaranteed Maximum Price proposal have been prepared by Contractor and make no provision for any amounts relating to sales, consumer, use and similar taxes or duties payable with respect to this Contract. Any taxes, duties or other similar amounts eligible shall be paid by Contractor when due, but shall be reimbursed by Owner when invoiced by Contractor, in addition to any amounts due under the Guaranteed Maximum Price and in the Contract Sum pursuant to Section 2.4, with no deductions or penalties to be assessed against amounts otherwise due to Contractor under this Contract. The City will issue a tax exempt certificate for the Contractor covering all such taxes for this Project promptly after the execution of this Contract. 8. INDEMNITY AND LIMITATION OF LIABILITY 8.1 Indemnity from the Contractor. To the maximum extent permitted by law, Contractor agrees to save, indemnify, and hold harmless Owner and its affiliates, employees, officers, agents, successors and assigns (collectively, the “Owner Indemnified Parties”) from and against any and all liability, claims, actions, losses, damages, costs, expenses, including reasonable attorneys’ fees, or demands arising (i) from injuries or death of persons (Contractor’s employees included) or damages to property related to this Contract, the Project or the Work, (ii) directly or indirectly out of an default of Contractor of the obligations herein undertaken, or (iii) directly or indirectly from the negligent performance of, or willful misconduct in performing, the Work by Contractor, including without limitation those arising in whole or in part by reason of any negligent act or omission of Contractor or any of its agents, employees, subcontractors or suppliers related to this Contract, the Project or the Work, save and except for that portion of any liability, claims, actions, loss, damages, costs, expenses or demands arising as a result of the negligence or willful misconduct of Owner Indemnified Parties, and will reimburse Owner Indemnified Parties for any loss, damages, costs and expenses, including reasonable attorneys’ fees and litigation costs (including fees and expenses of consultants and/or expert witnesses), incurred by Owner Indemnified Parties in responding to all such claims, actions or demands. If requested by Owner, Contractor shall defend any such suits at the sole cost and expense of Contractor. 8.2 Indemnity from the Owner. To the maximum extent permitted by law, Owner agrees to save, indemnify, and hold harmless Contractor and its affiliates, employees, officers, agents, successors and assigns (collectively, the “Contractor Indemnified Parties”) from and against any and all liability, claims, actions, losses, damages, costs, expenses, including reasonable attorneys’ fees, or demands arising (i) from injuries or death of persons (Owner’s employees included) or damages to property related to this Contract, the Project or related work, (ii) directly or indirectly out of default by Owner of the obligations herein undertaken, or (iii) directly or indirectly from willful misconduct in performing, any work performed by the Owner or its agents or contractors (excluding Contractor), including without limitation those arising in whole or in part by reason of any negligent act or omission of Owner or any of its agents, employees, subcontractors or suppliers (excluding Contractor) related to this Contract, the Project or related work, save and except for that portion of any liability, claims, actions, loss, damages, costs, expenses or demands arising as a result of the negligence or willful misconduct of Contractor, and will reimburse Contractor for any loss, damages, costs and expenses, including reasonable attorneys’ fees and litigation costs (including fees and expenses of consultants and/or expert witnesses), incurred by Contractor in responding to all such claims, actions or demands. If requested by Contractor, Owner shall defend any such suits at the sole cost and expense of Owner. Any owner liability shall be subject to the liability limits for political 19 subdivisions set forth in Section 537.610 of the Revised Statutes of Missouri (the “Statutes”), and shall be paid solely from the proceeds of the City’s liability insurance covering that occurrence. 8.3 In no event shall the language of this Agreement constitute or be construed as a waiver or limitation of the rights or defenses of the Owner with regard to applicable sovereign, governmental, or immunities and protections as provided by federal and state constitution or law. 9. RECORDS 9.1 Retention. Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this Contract. Contractor shall also keep all documents associated with the Work and the performance of this Contract. Contractor shall preserve these records for a period of three years after Final Payment, or for such longer period as may be required by law. In the event that any portion of the compensation to be paid to Contractor is to be paid on a time and materials basis or a cost reimbursement basis, Owner may audit Contractor ’s records to determine whether Contractor has properly invoiced Owner for the Work performed. Access to Contractor’s records relating to the Project shall be as provided in Section 2.4.12. 9.2 Ownership of Intellectual Property. Owner and Contractor each shall be deemed the owner of the design and engineering for the Project and each shall retain all common law, statutory and other reserved rights, including copyrights. Owner and Contractor may each use the design and engineering developed pursuant to this Contract on other projects without the consent of the other. Owner and Contractor shall not divulge or use such technical information, inventions, or confidential information received from the other except as necessary to perform, maintain or repair the Work. 10. INSURANCE AND BONDS 10.1 Contractor agrees at all times during this Contract to maintain in full-force and effect at least the following insurance coverages as provided by Section 537.610 RSMo: Workers’ Compensation Coverage A Statutory Coverage B - Employers Liability $1,000,000 each Bodily Injury by Accident $1,000,000 policy limit Bodily Injury by Disease $1,000,000 each occurrence Bodily Injury by Disease Automobile Liability Bodily Injury/Property Damage $3,448,710 Combined - Single Limit Coverage is to apply to all owned, non-owned, hired and leased vehicles Commercial General Liability Bodily Injury/Property Damage $3,448,710 each occurrence $3,448,710 general aggregate Combined - Single Limit $3,448,710 products/completed operations aggregate Excess/Umbrella Liability Bodily Injury/Property Damage $10,000,000 each occurrence and general aggregate Professional Liability/Errors & Omissions Insurance “claims made” coverage $3,000,000 per occurrence more specifically as follows: $2,000,000 for fire $1,000,000 for mechanical $5,000,000 for architectural $1,000,000 for electrical $2,000,000 for general contractor Builder’s Risk $1,315,672 or for the full value of the construction contract 10.2 All such insurance policies will be primary without the right of contribution from any other insurance coverage maintained by Owner. Owner shall be shown as additional insureds on all policies except the Workers’ Compensation policies. The fact that insurance is obtained by Contractor shall not release or diminish the liability of Contractor, including liability under the indemnity provisions of this Contract. Contractor agrees to waive any and all rights of subrogation it may have against Owner by virtue of any claims that may arise as a result of the Work, and Contractor also agrees to obtain a waiver 20 of subrogation in favor of Owner from its insurance carrier(s). The contractor shall add the owner as additional insured on all policies with exception or Workers Comp and Professional Liability. 10.3 All policies required herein shall be written by insurance carriers with a rating of A.M. Bests of at least “A-” and a financial size category of at least VIII. Insurance certificates evidencing the above requirements shall be furnished by Contractor to Owner before commencing the Work and provide for not less than 30 days prior notice to Owner of any cancellation or non-renewal of the policies. In addition, the following requirements apply: 10.3.1 The Commercial General Liability policy must include Contractual Liability coverage specifically covering Contractor’s Indemnification of Owner. 10.3.2 Any liability policy shall also contain a Cross Liability/Severability of Interests provision assuring that the acts of one insured do not affect the applicability of coverage to another insured. 10.4 Contractor will ensure that each Subcontractor obtains and maintains during the course of the Project insurance coverage which, in the reasonable judgment of Contractor, is sufficient to cover each Subcontractor’s operations on the Project. 10.5 Performance, Payment, Other Bonds 10.5.1 Payment or Performance Bonds. If requested by Owner, Contractor will provide Owner with payment and performance bonds, and such other bonds as Owner may request, in an amount equal to the Contract Sum naming Contractor as Obligor and Owner as Obligee and containing requirements in accordance with the terms of this Contract. Such bonds shall be on a form and with a surety company approved by Owner. The cost of the premium shall be paid by Contractor. 11. WARRANTIES 11.1 Contractor Warranty. Notwithstanding anything to the contrary in this Contract, Contractor warrants that all of the Work shall be done in a first class, workmanlike manner and in accordance with the Contract with new, quality materia ls and further warrants all work and materials against defects in the material or the workmanship for a period of one (1) year from the date of final acceptance of the City of Cape Girardeau City Council, unless stated otherwise in this Contract (the “Warranty Period”). With respect to the Design Documents and any portion of the Work performed by Licensed Professionals, the Contractor and Licensed Professionals warrant that they shall perform their services consistent with the professional skill and care ordinarily provided by professionals practicing in the same or similar locality under similar circumstances. The Contractor and Licensed Professionals shall perform their services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. Within the Warranty Period, and within a reasonable time after written notice of the discovery of a defect or deviation, Contractor shall remedy and repair same and any damage to other work resulting therefrom in a manner that does not substantially interfere with Owner’s operations. Notwithstanding anything to the contrary in this Contract, the Warranty Period for any and all materials warranties are limited to the terms of the warranty as provided by the manufacturer. 11.2 Warranty Deficiencies. Contractor agrees to meet with Owner at least fifteen (15), but not more than thirty (30), days prior to the expiration of one (1) year from the start date of the commencement of the Warranty Period for a warranty inspection of the Work. All warranty deficiencies not caused by Owner shall be noted and the list of deficiencies shall be given to Contractor. Contractor agrees to correct all such deficiencies to which Contractor reasonably accepts and agrees within thirty (30) days after the date of the meeting. If the deficiencies that Contractor accepts and agrees are not timely corrected, Owner may hire an independent contractor to do the work and shall be reimbursed promptly by Contractor for all costs thereof. If any deficiency that Contractor accepts and agrees cannot, with reasonable diligence, be corrected within thirty (30) days, Contractor agrees to set forth in writing a reasonable schedule for completion of the work. If the schedule is not met, Owner may immediately upon notice to Contractor, complete the work and be entitled to prompt reimbursement from Contractor for all costs thereof. 12. CLAIMS, DEFAULT AND TERMINATION 12.1 Claims 12.1.1 A claim is a demand or assertion by Contractor seeking, as a matter of right, the payment of money, or an extension of time or other relief with respect to the terms of this Contract (hereinafter “Claim”). Written notice of a Claim for an increase in the Contract Sum or for an extension of time must be given to Owner’s Representative by Contractor within twenty (20) calendar days after occurrence of the event giving rise to such 21 Claim. Claims must be made by written notice which shall describe the Claim with reasonable specificity. Failure to give notice in the manner and within the time specified in this paragraph shall constitute a waiver of the Claim by the Contractor. Contractor shall bear the burden and responsibility of substantiating Claims. Pending final resolution of a Claim, unless otherwise agreed to in writing by Owner, Contractor shall proceed diligently with performance of this Contract and Owner shall continue to make payments in accordance with this Contract. Claims not resolved between the parties shall be resolved by litigation as provided in Section 14. 12.2 Default 12.2.1 Default by Contractor. Should the Contractor (a) become insolvent or make an assignment for the benefit of creditors; (b) refuse or fail to supply enough properly skilled workers or proper materials to complete the Project; (c) refuse to diligently prosecute the Work; (d) fail to make payments to subcontractors for material or labor in accordance with the respective agreements between the Contractor and subcontractors through no act or omission of Owner, unless a valid dispute exists between Contractor and a subcontractor over the amounts due to the subcontractor; (e) disregard the law; and/or (f) breach or violate the terms, conditions, provisions or obligations of this Contract, Contractor shall be deemed in Default of this Contract. 12.2.2 Remedies. If Contractor fails within ten (10) days after written notification of Default from Owner to commence and continue satisfactory correction of the Default with diligence and promptness until completion (which may reasonably require greater than said ten (10) days to cure the Default), then Owner, without prejudice, shall in its reasonable discretion have the right to exercise any and all legal and equitable remedies available including but not limited to: 12.2.2.1 supply workers, materials, equipment and facilities as Owner deems necessary for the completion of the Work or any part which Contractor has failed to complete or perform, and charge the reasonable cost, including reasonable overhead, profit, attorneys’ fees, costs and expenses to Contractor; 12.2.2.2 contract with one or more additional contractors to perform such part of the Work as Owner determines will provide the most expeditious completion of the Work, and charge the reasonable cost to Contractor; 12.2.2.3 withhold any payments due or to become due Contractor pending corrective action in amounts reasonably sufficient to cover losses and compel performance to the extent required by and to the satisfaction of Owner; and/or 12.2.2.4 terminate this Contract. 12.2.3 Upon termination of this Contract, all Work in progress, including all design and engineering associated with the Work, shall become the property of Owner; provided, however, that this section shall be subject to the provisions of Section 9.2. Contractor shall immediately release all such Work in progress to Owner. Owner may also take possession of the Project site and of all materials and equipment (but specifically excluding all tools, materials, construction equipment and machinery thereon owned by Contractor) and may finish the Work by whatever reasonable method Owner deems expedient. Contractor shall not be entitled to receive further payment until the Work is Substantially Complete. If the unpaid balance of the Contract Sum exceeds the cost of fully completing the Work, such excess shall be paid to Contractor, less ten percent (10%) which shall be retained by Owner. If after Owner exercises commercially acceptable efforts to ensure that the cost will not exceed the Contract Sum, the Contractor shall pay the difference to the Owner within fifteen (15) days of receipt of a written demand for payment from the Owner. 12.3 Termination or Suspension 12.3.1 Without Cause. Owner may, without cause, order the Contractor, in writing, to suspend, delay, interrupt or terminate the Work in whole or in part for such period as the Owner may determine. In the event Owner suspends or terminates the Work under this Paragraph, Contractor shall be entitled to recover from the Owner, as its sole remedy, payment for the cost of the Work properly performed in connection with the suspended or terminated portion of the Work and related Contractor’s Fee prior to the effective date of suspension or termination and for items properly and timely fabricated or partially fabricated off the Site including finished goods and work in progress of subcontractors and suppliers, delivered and stored in accordance with the Owner’s instructions, as well as actual costs for demobilization. The Contractor hereby waives and forfeits all 22 other claims for payment and damages for the uncompleted portion of the Work, including, without limitation, anticipated profits. The Owner shall be credited for (i) payments previously made to Contractor for the terminated portion of the Work, (ii) reasonable claims that the Owner has against the Contractor under the Contract, and (iii) the disposition value of the materials, supplies, equipment or other items that are to be disposed of by the Contractor that are part of the Contract Sum. 12.3.2 Equipment and Subcontracts. Owner shall also pay Contractor fair compensation, either by purchase or rental at the election of Owner, for any equipment owned by Contractor that Contractor and Owner agree that Owner may retain. To the extent that Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements), as provided in Section 5.4, Contractor shall, as a condition of receiving the payments referred to in this Contract, execute and deliver all such papers and take all such steps as Owner may require for the purpose of fully vesting in the Owner the rights and benefits of Contractor under such subcontracts or purchase orders. 12.3.3 Owner Inspections and Right to Stop the Work. Owner’s Representative or his/her delegate shall have the right to inspect the Work, whether at the Site or at the Contractor’s or a subcontractor’s facility, at any time during the course of the Work. Owner may reasonably reject any aspect of the Work which does not conform to the Contract. If Contractor fails to correct defective work or fails to supply materials or equipment in accordance with this Contract, Owner may order Contractor to stop the Work until it is corrected and Contractor shall not be entitled to an extension for time. Owner also has the authority to stop the Work for the purpose of performing special inspections or testing of the Work. Should any work be found faulty as a result of special inspections or tests, Contractor shall repair the Work immediately and pay the fees for said inspections or tests and Owner and shall grant an appropriate extension of time to Contractor. Should the Work be satisfactory, Owner will bear such costs and will grant the appropriate extension of time to Contractor. 13. NOTICES 13.1 All notices to be delivered under this Contract shall be in writing, signed by the parties serving same and delivered personally or by registered or certified U.S. Mail postage prepaid, or by reputable private delivery service postage prepaid and providing a receipt to sender. Each such notice shall be deemed delivered upon actual delivery or refusal or forty- eight (48) hours after mailing whichever is earlier to the pertinent address as set forth below. Notices shall be addressed as follows: To Owner: City of Cape Girardeau 410 Kiwanis Drive Cape Girardeau, MO 63701 Attention: Doug Gannon, Parks and Recreation Director To Contractor: Musco Sports Lighting, LLC 211 2nd Ave West Oskaloosa, IA 52577 Attention: Todd Stych, Field Sales Representative 14. MISCELLANEOUS PROVISIONS 14.1 This Contract is not assignable by Contractor without the prior written consent of Owner which consent shall not be unreasonably withheld, in its sole and absolute discretion, and Contractor shall not factor or pledge this Contract. Owner may assign this Contract, without the consent of Contractor, to its parent, affiliates, subsidiaries, and the affiliates or subsidiaries of Owner’s parent or secured lenders, or to any party who succeeds to the Owner’s interest in the Project, provided that the assignee is sufficiently capitalized. 14.2 No right or remedy conferred upon or reserved to a party in this Contract is intended to be exclusive of any other right or remedy herein or by law provided, but each shall be cumulative and in addition to every other right or remedy given herein or now or hereafter existing at law or in equity. 14.3 In the event of any inconsistencies within or between parts of the Contract, including the Contract Documents, or between the Contract and applicable laws, the Contractor shall (i) provide the better quality or greater quantity of Work, or (ii) comply with the more stringent requirement; either or both in accordance with Owner ’s reasonable interpretation. 23 14.4 In the event any provision of this Contract is found to be invalid or unenforceable, the remainder of this Contract shall continue in full force and effect. 14.5 This Contract shall be governed by and construed in accordance with the laws of the State of Missouri. The parties irrevocably consent to the jurisdiction of the federal and state courts situated in the state and county where the Project is located and agree that any lawsuit arising out of or related to this Contract shal l be brought only in such courts. The parties hereby waive any claim that any proceedings brought in such courts have been brought in an inconvenient forum. 14.6 Owner and Contractor hereby irrevocably waive any right to a trial by jury in any legal proceedings or to have a jury participate in resolving any disputes or claims, whether any such disputes or claims relate to or arise in contract, tort or otherwise, whether in respect to the Contract or any other documents or instruments delivered in connection with the Contract. 14.7 Contractor hereby warrants, and covenants that (i) Contractor does not and will not during the course of the Work discriminate against any employee or applicant for employment based on race, color, sex, national origin, religion , age handicap, or other unlawful basis, and (ii) Contractor and all of its subcontractors, consultants and suppliers are and will be properly licensed and permitted with all governmental authorities having jurisdiction. Pursuant to Sec. 34.600 of the Revised Statutes of Missouri, the Contractor certifies it is not currently engaged in and shall not, for the duration of this Contract, engage in a boycott of goods or services from (1) the State of Israel, (2) companies doing business in or with the State of Israel or authorized by, licensed by or organized under the laws of the State of Israel or (3) persons or entities doing business in the State of Israel. The Contractor acknowledges that is must comply with Sec. 285.530 of the Revised Statues of Missouri regarding enrollment and participation in a federal work authorization program with respect to its employees working in connection with this Contract. The Contractor represents and warrant that it is in compliance with Sec. 285.530 of the Revised Statutes of Missouri at the time of execution of this Contract and has provided a sworn affidavit and supporting documentation affirming participation by or on behalf of itself in a qualified work authorization program as evidence thereof. 14.8 The parties expressly agree that this Contract was jointly drafted, and they both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Contract shall be construed in a neutral manner. 14.9 Independent Contractors. The relationship of the parties shall be that of independent contractors. Nothing herein shall be construed as to creating a partnership or joint venture between the Owner and the Contractor or creating liability on the part of one party for any act or omission of the other. Contractor shall have entire charge, control, and supervision of the Work as set forth in this Contract, and Owner shall not in any manner be answerable or accountable for any violation of law, or for any injury or damage occasioned by Contractor’s negligence, or of any in its employ, to any person or their properties. 14.10 Owner shall have the right to let other contracts in connection with the Work pursuant to the provisions of this Contract to the extent such contracts do not conflict with or include Work to be completed by Contractor , and Contractor shall properly cooperate with any such other contractors in furtherance of the Work; however Contractor shall not be relieved hereunder by any subcontract or similar agreement for the Work which Contractor remains responsible, and provided further that Contractor shall not be responsible for the negligence, willful misconduct, or other acts or omissions of the third parties to which Owner lets other contracts in connection with the Work and shall be indemnified and held harmless therefrom. 14.11 Payments due and unpaid to Owner or Contractor under this Contract for a period of thirty (30) days after written demand shall bear interest from the date payment was due at the rate of one percent (1%) per annum in excess of the Prime Rate. 14.12 The Owner represents and warrants to Contractor that Owner is financially solvent, able to pay its debts as they mature and is possessed of sufficient capital to perform its obligations hereunder. 14.13 Entire Agreement. This Contract represents the entire agreement between the parties and supersedes all prior or contemporaneous written or oral communications with regard to the Project. This Contract may be amended or modified only by an instrument in writing signed by a duly authorized representative of both Owner and Contractor. This Contract shall not be construed to create a contractual relationship of any kind between any persons or entities other than Owner and Contractor. Notwithstanding any other provision herein, all subcontracts shall be in writing and shall specifically provide that the Owner is an intended third party beneficiary of such subcontract. 24 14.14 Attorney’s Fees. In the event of any controversy arising hereunder or relating to the interpretation or implementation of this Contract or any breach thereof, the prevailing party shall be entitled to payment for all reasonable costs and attorney’s fees (both trial and appellate) incurred in connection therewith. 14.15 Severability. The invalidity, in whole or in part, of any provision of this Contract will not affect the validity of any other provision of this Contract. 14.16 Captions. The captions contained in this Contract are for convenience and reference only and in no way define, describe, extend or limit the scope or intent of this Contract or the intent of any provision contained in this Contract. 14.17 Counterparts. This Contract may be executed in one or more counterparts each of which shall be deemed an original and all of which shall be deemed one and the same agreement. 14.18 Waiver. The waiver by either party of any failure on the part of the other party to perform in accordance with any of the terms or conditions of this Contract shall not be construed as a waiver of any future or continuing failure, whether similar or dissimilar thereto. Except as otherwise expressly provided herein, no waiver of any right shall be implied by any delay by a party in enforcing or acting under such right. Waivers shall be effective only if specifically set forth in writing signed by the party to be charged with such waiver. 14.19 This Contract is binding upon the parties, their heirs, successors and approved assignees. 14.20 Remedies Cumulative. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. IN WITNESS WHEREOF the parties hereto have, by and through their duly authorized officers in that regard, made and executed this Contract as of the date first written above. SIGNED and DELIVERED By: Owner By: Contractor Its: _______________________________________ Its: _______________________________________ Date: ____ _______________________________________ Date: __________________________________ [End of Signature Page] 25 EXHIBIT A SCOPE OF WORK Cape Girardeau Sportsplex Ballfields Cape Girardeau, MO Turnkey Scope of Work Customer/Site Contractor Responsibilities: 1. Complete access to the site for construction utilizing standard 2-wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by standard utility locates (i.e. water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Locate and mark field reference points per Musco supplied layout as necessary. 4. Survey and staking of pole locations and elevations to be to completed by site contractor. 5. Pay for extra costs associated with foundation excavation in non-standard soils (rock, high water table, collapsing holes, etc.) Standard soils are defined as soils that can be excavated using standard earth auguring equipment. Should drilling slurry be needed to stabilize excavations, an estimate of $1,000 per pole is provided as a cost adder. 6. Water source, if necessary, in the event slurry will be required to stabilize drilled foundations. 7. Costs associated with repairs to existing pavement. 8. Pay any power company fees and requirements. 9. Cost of permitting fees, should they be required. 10. Provide area on site for disposal of drilling spoils from foundation excavation. 11. Provide area on site for dumpsters, materials storage and staging of equipment. 12. Installation of electrical distribution panels for supply to Musco system to be by site electrical contractor. Musco to provide all relevant information needed for adequate sizing of circuit breakers. 13. Electrical wiring and terminations from distribution panels to Musco controls and monitoring cabinets. Musco Responsibilities: 1. Provide required foundations, poles, electrical enclosures, luminaires, wire harnesses, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as defined by 2018 IBC Table 1806.2. 5. Assist installing subcontractor and ensure our responsibilities are satisfied. Subcontractor Responsibilities General: 1. Obtain any required permitting, Musco customer responsible for associated costs. 2. Contact 811 for locating underground public utilities and then confirm they have been clearly marked. 3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities. 4. Provide labor, equipment, and materials to offload equipment at jobsite per scheduled delivery. 5. Provide storage containers for material (including electrical components enclosures), as needed. 6. Provide necessary waste disposal and daily cleanup. 26 7. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 8. Keep all heavy equipment off playing fields and sensitive areas when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. Ground protection has not been included in the base project price. 9. Rough landscaping restoration in areas disturbed during foundation installation and electrical excavation. Final restoration to be completed by Others. 10. Provide startup and aiming as required to provide complete and operating sports lighting system. 11. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays. 12. Complete and submit Musco provided closeout checklist including required pictures. Foundations, Poles, and Luminaires: 1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately notify your Musco Project Manager. 2. Provide labor, materials, and equipment to install (20) Light Structure System foundations as specified on Layout and per the stamped foundation drawings, if applicable. 3. Remove spoils to owner designated location at jobsite. 4. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component enclosures, poles, and pole harnesses. 5. Provide labor, equipment, and materials to erect (20) assembled Light Structure System poles and aim utilizing the pole alignment beam. Electrical: 1. Provide labor, materials, and equipment to install all underground conduit via open cut or trenching method, wiring, pull boxes etc. and terminate wiring as required. 2. Complete electrical installation per Musco Control System Summary and Musco Best Practic es: Supply Wiring Installation document. If there are any discrepancies between Musco documents and electrical plans notify your Musco contact. 3. Complete required insulation resistance tests on all current-carrying conductors per ANSI/NETA ATS- 2021. Use the instructions and forms provided by Musco to provide test results to your Musco contact. Note conduits must be full of water prior to testing. Any new conductors with resistance values less than (<) 100 MOhms - phase to ground - must be repaired or replaced to meet the standard. Any existing conductors with resistance values less than (<) 100 MOhms - phase to ground - must be reported to your Project Manager or Sales Coordinator. 4. Underground splices are strongly discouraged. If underground splicing is req uired per the electrical plans, use only listed connector systems, rated for wet locations. 5. Install empty conduit for future ticket booth from 480v panel to a location near the B2 pole. 6. Install empty conduit on each field from the field backstop to the l ocation of the scoreboard. Wiring and connections to be completed by site electrical contractor. 7. Provide as-built drawings upon completion of installation as required. Control-Link® Control and Monitoring: 1. Provide labor, equipment, and materials to install Musco controls and monitoring cabinets and terminate all necessary wiring. 27 Quote Project #189175 2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17 4 of 4 2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available. 3. Check all zones to make sure they work in both auto and manual mode. 4. Commission Control-Link by contacting Control-Link Central™ at 877-347-3319. Scope of Service for Football/Soccer Field Lighting Installation Musco proposes the following service: • Musco to provide (4) 3B Pre-cast Bases (replacements for FB #14) • Musco to provide (4) 4B Pre-cast Bases (replacements for Soccer #13) • Musco to provide a Lighting Design for the new Field Layouts/Locations • Musco to provide a Stamped Foundation Drawing • Freight is included • Musco to Sub-contract All Purpose Erectors for the removal and installation per the following Scope: • Demolition and Transport existing Musco Lighting system to storage area (already complete) • Base removal by others • Install Existing Musco Lighting System per Scan 245476A and C1 drawing dated 6/20/17. 8 poles, 52 fixtures • Provide Storage containers for Musco product during install. Dumpsters for waste • Spoils from excavation stockpiled on site. • Light Pole staking / layout by Penzel • Install Sch 40 / HDPE conduit and Copper Wire sized per NEC to light poles • Conduit installed by open cut / trenching – backfilled with excavated material • Coordinate installation of Ameren Transformer and Primary with MSI Electrical • MSI Electrical SOW includes all work to bring Ameren Power to the line side of meter • APE all electrical work load side of the meter out  Provide conduit, wire, stepdown xformer to connect 2 scoreboards – scoreboard installed by others • Stub Empty conduit for football parking from 480 volt panel to near the F2 pole • Reinstall existing 200 amp 480/277 3Ø, 4W service • Provided stamped engineered electrical drawings if required, city to provide AutoCAD and PDF site plan for electrical engineer use • Pull necessary electrical permits • Rough landscaping • Access to each pole location with heavy equipment required. 28 EXHIBIT B COMPENSATION FOR SCOPING PHASE SERVICES 29 EXHIBIT C OWNER’S APPROVAL OF DESIGN DOCUMENTS OWNER: City of Cape Giardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) DATE OF DESIGN DOCUMENTS: (the “Design Documents”) The Contractor hereby verifies that it has submitted a complete set of Design Documents, stamped with the date listed above, for the Owner’s review and approval pursuant to Section 2.2.1 of the Contract. The Contractor represents th at to the best of its knowledge, information and belief the Design Documents: (i) are consistent with the Contract Documents, (ii) comply with applicable industry and professional practice standards, and (iii) comply with applicable laws, ordinances, codes, rules and regulations governing the design of the Project; and acknowledges (b) that the Owner and their consultants shall be entitled to rely upon the accuracy of the representations contained herein. The Owner, by signing below, hereby verify that they have reviewed and approved the Design Documents submitted by the Contractor pursuant to Section 2.2.1 of the Contract and that the Design Documents comport with the Owner’s Program, the intended scope of Work, and the parameters of the Project. By executing this approval, the Owner is not verifying that the Design Documents comply with the Contract Documents, industry and professional practice standards or applicable laws, ordinances, codes rules and regulations governing the Project. CONTRACTOR: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ OWNER: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 30 EXHIBIT D COMPENSATION FOR DESIGN PHASE SERVICES 31 EXHIBIT E NOTICE TO PROCEED Date:_______________ Musco Sports Lighting, LLC 211 2nd Ave West Oskaloosa, IA 52577 OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) Dear _______________: This is a Notice to Proceed with the Construction Phase for the above referenced project, effective as of the date of this letter, in accordance with Section 2.3.1 of the Contract. Please sign below and return this to me to acknowledge your receipt of this Notice. I am looking forward to a successful project. If you have any questions or comments, please feel free to contact me. Sincerely, OWNER’S REPRESENTATIVE RECEIVED: __________________________________________ Date: __________________ CONTRACTOR PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 32 EXHIBIT F DAILY LOG 33 EXHIBIT G AUTHORIZATION FOR REIMBURSEMENT OF COSTS OF THE WORK Date:_______________ Musco Sports Lighting, LLC 211 2nd Ave West Oskaloosa, IA 52577 OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO. PROJECT: (the “Project”) Dear ___________: Pursuant to Section 2.4.17 or 2.4.4.2 of the Contract, whichever is applicable, the Owner hereby authorizes Contractor to incur and to seek reimbursement from Owner as a Cost of the Work the reasonable costs of ___________________________________ ____________________________. Sincerely, OWNER’S REPRESENTATIVE RECEIVED: __________________________________________ Date: __________________ CONTRACTOR PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 34 EXHIBIT H CONSTRUCTION SCHEDULE 35 EXHIBIT I CONTRACTOR’S NOTICE OF SUBSTANTIAL COMPLETION Date:____________________ Musco Sports Lighting, LLC 211 2nd Ave West Oskaloosa, IA 52577 OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) Dear _______________: Pursuant to Section 4.2.3.1 of the Contract, Contractor hereby notifies Owner that to the best of Contractor’s knowledge, information and belief, the Work of the Contract is Substantially Complete as provided in Section 4.2.2 of the Contract, and requests the Owner’s Representative to meet Contractor at the Site, inspect the Work and review test results, if any, and develop a Punchlist. Sincerely, OWNER’S REPRESENTATIVE RECEIVED: __________________________________________ Date: __________________ CONTRACTOR PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 36 EXHIBIT J CERTIFICATE OF SUBSTANTIAL COMPLETION OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) The Contractor hereby affirms that to the best of the Contractor’s knowledge, information and belief, the Work performed under the Contract is substantially complete. Substantial Completion is the stage in the progress of the Work when the Work is sufficiently complete in accordance with the Contract Documents and verified by both Owner and Contractor, in order that the Owner can occupy or utilize the Project for its intended use. The date of Substantial Completion of the Project is the date of issuance established by this Certificate. The Owner hereby affirms that it has inspected the Work performed under the Contract and agrees that it is substantially complete in accordance with the Contract Documents such that the Owner can occupy or utilize the Project for its intended use. By executing this certificate, the Owner is not accepting the Work. The Owner has not inspected or tested the Work and the Owner makes no decisions or representations herein that the Work has been performed in a good or workmanlike manner or in accordance with th e Contract Documents. DATE OF SUBSTANTIAL COMPLETION: _______________ DATE BY WHICH PUNCHLIST (ATTACHED) SHALL BE COMPLETED: ______________________ CONTRACTOR: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ OWNER: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 37 EXHIBIT K CONTRACTOR’S NOTICE OF COMPLETION OF PUNCHLIST Date:___________________ Musco Sports Lighting, LLC 211 2nd Ave West Oskaloosa, IA 52577 OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) Dear ___________: Pursuant to Section 4.2.4.2 of the Contract, Contractor hereby notifies Owner that to the best of Contractor’s knowledge, information and belief, the Punchlist has been completed, and requests that the Owner determine the Project to be “Commercially Operational.” Sincerely, OWNER’S REPRESENTATIVE RECEIVED: __________________________________________ Date: __________________ CONTRACTOR PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 38 EXHIBIT L CERTIFICATE OF COMMERCIAL OPERATIONS OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) The Owner hereby affirms that it has inspected the Work performed under the Contract and agrees that the Punchlist dated _______ is complete in accordance with the Contract Documents. The Owner declares the Project to be Commercially Operational. The issuance of this Certificate shall not relieve the Contractor of liability for obligations under the Contract or for any faulty or defective work or services discovered after the issuance of this Certificate or the making of Final Payment as provided in the Contract. DATE: _______________ CONTRACTOR: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ OWNER: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 39 EXHIBIT M NOTICE OF EXCUSABLE DELAY Date:___________________ Musco Sports Lighting, LLC 211 2nd Ave West Oskaloosa, IA 52577 OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) Pursuant to Section 4.2.5.1 of the Contract, the Contractor hereby provides notice of excusable delay as follows: (a) Event/circumstances causing delay: (b) Date of occurrence of event/circumstances: (c) Portion of work affected by delay: (d) Estimated period of delay: ___________________ CONTRACTOR: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 40 EXHIBIT N PERMITS AND LICENSES Date:___________________ Musco Sports Lighting, LLC 211 2nd Ave West Oskaloosa, IA 52577 OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) Pursuant to Section 4.7.1 of the Contract, the Contractor shall obtain the following licenses and permits necessary for designing and/or constructing the Project and shall include the cost of same in invoicing as a Cost of the Work: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ Owner shall obtain the following licenses and permits for the Project at its own expense: ______________________________________ ______________________________________ ______________________________________ ______________________________________ ______________________________________ CONTRACTOR: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ OWNER: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 41 EXHIBIT O CHANGE ORDER FORM CHANGE ORDER # ___________ Project No: _______________ Agreement No: ____________ Agreement Date: ____________ CONTRACTOR: ________________________________________________________________________ TRADES AFFECTED: ___________________________________________________________________ The following CHANGES are hereby made to the Contract (attach separate explanation sheet if necessary): ________________________________________________________________________________________ ________________________________________________________________________________________ JUSTIFICATION for Change to Contract: ________________________________________________________________________________________ ________________________________________________________________________________________ CHANGE TO CONTRACT PRICE (Attach Detailed Calculation Sheets) Original Contract Sum: $_______ Current Contract Sum (as adjusted by previous change orders): $_______ Increase or Decrease in Contract Sum by this Change Order: $_______ New Contract Sum due to this Change Order: $_______ CHANGE TO CONTRACT PERIOD (Attach Revised Schedule): _____ Increase or Decrease in Contract Period (calendar days): _____ New Substantial Completion Date will be: __________________ APPROVALS REQUIRED - To be effective, this Change Order must be approved by the OWNER and CONTRACTOR. Accepted by: ______________________________________ Dated: (FIELD) Accepted by: ______________________________________ Dated: (Owner Project Manager) Accepted by: ______________________________________ Dated: (City Manager) Accepted by: ______________________________________ Dated: (CONTRACTOR) 42 EXHIBIT P OWNER’S AUTHORIZATION OF MINOR CHANGE IN THE WORK OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) DATE OF DESIGN DOCUMENTS: (the “Design Documents”) Pursuant to Sec. 6.3 of the Contract, the Owner hereby authorizes the following minor change in the Work: This change shall not result in any adjustment to the Contract Sum or the Contract Schedule. Contractor acknowledges and agrees to this minor change. CONTRACTOR: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ OWNER: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 43 EXHIBIT Q INVOICING SCHEDULE 44 EXHIBIT R AFFIDAVIT OF PAYMENT OWNER: City of Cape Girardeau (the “Owner”) CONTRACTOR: Musco Sports Lighting, LLC (the “Contractor”) CONTRACT: Agreement for Professional and Construction Services (the “Contract”) DATE OF CONTRACT: CONTRACT NO.: PROJECT: (the “Project”) DATE OF DESIGN DOCUMENTS: (the “Design Documents”) Pursuant to Section 7.2.3.2 of the Contract, Contractor affirms the following for Invoice No. ____________: Subcontractor Amount of Subcontract Amount Requested 1 ____________________________________________ __________________ ____________________ 2 ____________________________________________ __________________ ____________________ 3 ____________________________________________ __________________ ____________________ 4 ____________________________________________ __________________ ____________________ Amount to be paid Contractor for Invoice No. ____________. CONTRACTOR: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ OWNER: __________________________________________ Date: __________________ PRINT NAME: _______________________________________ PRINT TITLE: ________________________________________ 45 EXHIBIT S Partial Payment Certification, Release and Lien Waiver OWNER: __________________________________ CONTRACTOR: ____________________________ PROJECT: _________________________________ CONTRACT NO: ___________________________ In consideration of the sum of $_____________________, the undersigned hereby acknowledges receipt and payment in full for all labor, services, and materials furnished or supplied relating to the design, construction, addition, or development of the work and improvements concerning the above-referenced Project as stated on Invoice No. . The undersigned hereby expressly waives, releases, and discharges the above-referenced Project, the Owner thereof, the interim lender, and the permanent lender, of and from any and all claims, liens, expenses and rights to any such claim or lien which the undersigned has or may have for labor, services, materials or otherwise, furnished by or though the undersigned in connection with the above-referenced Project and/or pursuant to the above-referenced Contract, for all Invoice Numbers stated above. The undersigned further represents, as a material inducement to the payment described above, that subcontractors and suppliers of the undersigned have been fully paid under the Invoices stated above and that all amounts due or to become due for labor, equipment or materials furnished by subcontractors and supplier of the undersigned shall be paid from such sum. In the event the undersigned does not receive actual payment for the labor, materials, or services which is the subject hereof, the signing of this certification, release and waiver shall not constitute a release or waiver of any claim or lien rights for said labor, materials, or services. Date: _________________ [ Name of Contractor] . By: __________________________________ Print Name: ___________________________ Title: _________________________________ STATE OF ____________________ CITY/COUNTY OF _______________, to-wit: The foregoing instrument was acknowledged before me, ______________________, Notary Public, this ____ day of _____________, 20__, by __________________________ [signatory], who is personally known to me. ___________________ [signatory] voluntarily acknowledged this instrument as ______________ of ______________________________, on behalf of the _____________________ [corporation, limited liability company, etc.]. Notary Public Registration Number: ___________________ My commission expires: ___________________ Notary Seal (sharp, legible, photographically reproducible) 46 EXHIBIT T Final Payment Certification, Release and Lien Waiver OWNER: __________________________________ CONTRACTOR: ____________________________ PROJECT: _________________________________ CONTRACT NO: ___________________________ In consideration of the sum of $_____________________, the undersigned hereby acknowledges receipt and final payment in full for all labor, services, and materials furnished or supplied relating to the design, construction, addition, or development of the work and improvements concerning the above-referenced Project. The undersigned hereby expressly waives, releases, and discharges the above-referenced Project, the Owner thereof, the interim lender, and the permanent lender, of and from any and all claims, liens, expenses and rights to any such claim or lien which the undersigned has or may ever have for labor, services, materials or otherwise, furnished by or though the undersigned in connection with the above-referenced Project and/or pursuant to the above-referenced Contract. The undersigned further represents, as a material inducement to the payment described above, that subcontractors and suppliers of the undersigned have been fully paid to date and that all amounts due or to become due for labor, equipment or materials furnished by subcontractors and supplier of the undersigned shall be paid from the final payment referenced herein. In the event the undersigned does not receive actual payment for the labor, materials, or services which is the subject hereof, the signing of this certification, release and waiver shall not constitute a release or waiver of any claim or lien rights for said labor, materials, or services. Date: _________________ [ Name of Contractor] . By: __________________________________ Print Name: ___________________________ Title: _________________________________ STATE OF ____________________ CITY/COUNTY OF _______________, to-wit: The foregoing instrument was acknowledged before me, ______________________, Notary Public, this ____ day of _____________, 20__, by __________________________ [signatory], who is personally known to me. ___________________ [signatory] voluntarily acknowledged this instrument as ______________ of ______________________________, on behalf of the _____________________ [corporation, limited liability company, etc.]. Notary Public Registration Number: ___________________ My commission expires: ___________________ Notary Seal (sharp, legible, photographically reproducible) 47 EXHIBIT U Cost of Construction Cape Girardeau Sportsplex Ball Fields Cape Girardeau, MO July 10, 2025 Sourcewell Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following: SOURCEWELL PURCHASE – CONTRACT NUMBER: 041123-MSL Quotation Price – Materials Delivered to Job Site and Installation 5 Baseball Fields & Parking Fixtures– ....................................................................... $ 1,075,000.00 Sales tax and bonding are not included. Pricing and lead times are effective for 30 days only. Light-Structure System™ with Total Light Control – TLC for LED™ technology Guaranteed Light Performance Guaranteed light levels of 50 footcandles Infield and 30 footcandles Outfield BallTracker® technology – targeted light, optimizing visibility of the ball in play with no glare in the players typical line-of-sight Factory aimed and assembled luminaries, including BallTracker® luminaires **ADDER (8) Parking Lot Factory aimed and assembled luminaries ** 20 Galvanized steel poles 20 Pre-cast concrete bases with integrated lightning grounding Pole length factory assembled wire harnesses Factory wired and tested remote electrical component enclosures System Description • UL listed assemblies Control Systems and Services • Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support Operation and Warranty Services • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years • Support from Musco’s Lighting Services Team – over 170 Team members dedicated to operating and maintaining your lighting system – plus a network of 1800+ contractors Musco Scope • Provide design and layout for lighting system • Test and final aim equipment Installation Services Provided 48 See attached scope of work Payment Terms Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC: Musco Sports Lighting, LLC Fax: 800-734-6402 Email: musco.contracts@musco.com All Purchase orders should note the following: Sourcewell Purchase – Contract Number: 041123-MSL Delivery Timing 8 - 10 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole/luminaire locations. Notes Quote is based on following conditions: • Shipment of entire project together to one location. • 480 Volt, 3 phase electrical system requirement. • Structural code and wind speed = 2015 IBC, 115mph, Exposure C, Importance Factor 1. • Due to the built-in custom light control per luminaire, pole or luminaire locations need to be confirmed prior to production. Changes to pole or luminaire locations after the product is sent to production could result in additional charges. Project: Shawnee Sports Complex Soccer #13 & FB #14 Relocations Date: 7/14/2025 Sourcewell Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following: Sourcewell Purchase-Contract Number: 041123-MSL Quotation Price- Rev4 The fee for services rendered including: Materials and Services as listed below: Plus applicable sales tax. Scope of Service Musco proposes the following service: • Musco to provide (4) 3B Pre-cast Bases (replacements for FB #14) • Musco to provide (4) 4B Pre-cast Bases (replacements for Soccer #13) • Musco to provide a Lighting Design for the new Field Layouts/Locations • Musco to provide a Stamped Foundation Drawing • Freight is included • Musco to Sub-contract All Purpose Erectors for the removal and installation per the following Scope: • Demolition and Transport existing Musco Lighting system to storage area (already complete) • Base removal by others • Install Existing Musco Lighting System per Scan 245476A and C1 drawing dated 6/20/17. 8 poles, 52 fixtures • Provide Storage containers for Musco product during install. Dumpsters for waste • Spoils from excavation stockpiled on site. 49 • Light Pole staking / layout by Penzel • Install Sch 40 / HDPE conduit and Copper Wire sized per NEC to light poles • Conduit installed by open cut / trenching – backfilled with excavated material • Coordinate installation of Ameren Transformer and Primary with MSI Electrical • MSI Electrical SOW includes all work to bring Ameren Power to the line side of meter • APE all electrical work load side of the meter out • Provide conduit, wire, stepdown xformer to connect 2 scoreboards – scoreboard installed by others • Stub Empty conduit for football parking from 480 volt panel to near the F2 pole • Reinstall existing 200 amp 480/277 3Ø, 4W service • Provided stamped engineered electrical drawings if required, city to provide AutoCAD and PDF site plan for electrical engineer use • Pull necessary electrical permits • Rough landscaping • Access to each pole location with heavy equipment required. Total: $209,484.00 50 EXHIBIT V Subcontractor List Quote Quote Project #189175 2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17 1 of 4 Cape Girardeau Sportsplex Ball Fields Cape Girardeau, MO July 10, 2025 Sourcewell Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following: SOURCEWELL PURCHASE – CONTRACT NUMBER: 041123-MSL Quotation Price – Materials Delivered to Job Site and Installation 5 Baseball Fields & Parling Fixtures– ................................................................................................. $ 1,075,000.00 Sales tax and bonding are not included. Pricing and lead times are effective for 30 days only. Light-Structure System™ with Total Light Control – TLC for LED™ technology Guaranteed Light Performance • Guaranteed light levels of 50 footcandles Infield and 30 footcandles Outfield • BallTracker® technology – targeted light, optimizing visibility of the ball in play with no glare in the players typical line-of-sight System Description • Factory aimed and assembled luminaries, including BallTracker® luminaires • **ADDER (8) Parking Lot Factory aimed and assembled luminaries ** • 20 Galvanized steel poles • 20 Pre-cast concrete bases with integrated lightning grounding • Pole length factory assembled wire harnesses • Factory wired and tested remote electrical component enclosures • UL listed assemblies Control Systems and Services • • Control-Link® control and monitoring system to provide remote on/off and dimming (high/medium/low) control and performance monitoring with 24/7 customer support Operation and Warranty Services • Product assurance and warranty program that covers materials and onsite labor, eliminating 100% of your maintenance costs for 25 years • Support from Musco’s Lighting Services Team – over 170 Team members dedicated to operating and maintaining your lighting system – plus a network of 1800+ contractors Musco Scope • Provide design and layout for lighting system • Test and final aim equipment Installation Services Provided See attached scope of work Payment Terms Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Email or fax a copy of the Purchase Order to Musco Sports Lighting, LLC: Musco Sports Lighting, LLC Attn: Musco Contracts Quote Quote Project #189175 2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17 2 of 4 Fax: 800-734-6402 Email: musco.contracts@musco.com All Purchase orders should note the following: Sourcewell Purchase – Contract Number: 041123-MSL Delivery Timing 8 - 10 weeks for delivery of materials to the job site from the time of order, submittal approval, and confirmation of order details including voltage, phase, and pole/luminaire locations. Notes Quote is based on following conditions: • Shipment of entire project together to one location. • 480 Volt, 3 phase electrical system requirement. • Structural code and wind speed = 2015 IBC, 115mph, Exposure C, Importance Factor 1. • Due to the built-in custom light control per luminaire, pole or luminaire locations need to be confirmed prior to production. Changes to pole or luminaire locations after the product is sent to production could result in additional charges. • Standard soil conditions – rock, bottomless, wet, or unsuitable soil may require additional engineering, special installation methods and additional cost. [Remove if SCR or Retrofit project] Thank you for considering Musco for your lighting needs. Please contact me with any questions or if you need additional details. Todd Stych Musco Sports Lighting, LLC Phone: 563-260-0994 E-mail: Todd.Stych@musco.com Quote Quote Project #189175 2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17 3 of 4 Cape Girardeau Sportsplex Ballfields Cape Girardeau, MO Turnkey Scope of Work Customer/Site Contractor Responsibilities: 1. Complete access to the site for construction utilizing standard 2-wheel drive rubber tire equipment. 2. Locate existing underground utilities not covered by standard utility locates (i.e. water lines, electrical lines, irrigation systems, and sprinkler heads). Musco or Subcontractor will not be responsible for repairs to unmarked utilities. 3. Locate and mark field reference points per Musco supplied layout as necessary. 4. Survey and staking of pole locations and elevations to be to completed by site contractor. 5. Pay for extra costs associated with foundation excavation in non-standard soils (rock, high water table, collapsing holes, etc.) Standard soils are defined as soils that can be excavated using standard earth auguring equipment. Should drilling slurry be needed to stabilize excavations, an estimate of $1,000 per pole is provided as a cost adder. 6. Water source, if necessary, in the event slurry will be required to stabilize drilled foundations. 7. Costs associated with repairs to existing pavement. 8. Pay any power company fees and requirements. 9. Cost of permitting fees, should they be required. 10. Provide area on site for disposal of drilling spoils from foundation excavation. 11. Provide area on site for dumpsters, materials storage and staging of equipment. 12. Installation of electrical distribution panels for supply to Musco system to be by site electrical contractor. Musco to provide all relevant information needed for adequate sizing of circuit breakers. 13. Electrical wiring and terminations from distribution panels to Musco controls and monitoring cabinets. Musco Responsibilities: 1. Provide required foundations, poles, electrical enclosures, luminaires, wire harnesses, and control cabinets. 2. Provide layout of pole locations and aiming diagram. 3. Provide Project Management as required. 4. Provide stamped foundation designs based on soils that meet or exceed those of a Class 5 material as defined by 2018 IBC Table 1806.2. 5. Assist installing subcontractor and ensure our responsibilities are satisfied. Subcontractor Responsibilities General: 1. Obtain any required permitting, Musco customer responsible for associated costs. 2. Contact 811 for locating underground public utilities and then confirm they have been clearly marked. 3. Contact the facility owner/manager to confirm the existing private underground utilities and irrigation systems have been located and are clearly marked to avoid damage from construction equipment. Notify owner and repair damage to marked utilities. Notify owner and Musco regarding damage which occurred to unmarked utilities. 4. Provide labor, equipment, and materials to offload equipment at jobsite per scheduled delivery. 5. Provide storage containers for material (including electrical components enclosures), as needed. 6. Provide necessary waste disposal and daily cleanup. 7. Provide adequate security to protect Musco delivered products from theft, vandalism or damage during the installation. 8. Keep all heavy equipment off playing fields and sensitive areas when possible. Repair damage to grounds which exceeds that which would be expected. Indentations caused by heavy equipment traveling Quote Quote Project #189175 2016, 2025 Musco Sports Lighting, LLC • M-2168-enUS-17 4 of 4 over dry ground would be an example of expected damage. Ruts and sod damage caused by equipment traveling over wet grounds would be an example of damage requiring repair. Ground protection has not been included in the base project price. 9. Rough landscaping restoration in areas disturbed during foundation installation and electrical excavation. Final restoration to be completed by Others. 10. Provide startup and aiming as required to provide complete and operating sports lighting system. 11. Installation to commence upon delivery and proceed without interruption until complete. Notify Musco immediately of any breaks in schedule or delays. 12. Complete and submit Musco provided closeout checklist including required pictures. Foundations, Poles, and Luminaires: 1. Mark and confirm pole locations per the aiming diagram provided. If there are any issues, immediately notify your Musco Project Manager. 2. Provide labor, materials, and equipment to install (20) Light Structure System foundations as specified on Layout and per the stamped foundation drawings, if applicable. 3. Remove spoils to owner designated location at jobsite. 4. Provide labor, materials, and equipment to assemble Musco TLC-LED luminaires, electrical component enclosures, poles, and pole harnesses. 5. Provide labor, equipment, and materials to erect (20) assembled Light Structure System poles and aim utilizing the pole alignment beam. Electrical: 1. Provide labor, materials, and equipment to install all underground conduit via open cut or trenching method, wiring, pull boxes etc. and terminate wiring as required. 2. Complete electrical installation per Musco Control System Summary and Musco Best Practices: Supply Wiring Installation document. If there are any discrepancies between Musco documents and electrical plans notify your Musco contact. 3. Complete required insulation resistance tests on all current-carrying conductors per ANSI/NETA ATS- 2021. Use the instructions and forms provided by Musco to provide test results to your Musco contact. Note conduits must be full of water prior to testing. Any new conductors with resistance values less than (<) 100 MOhms - phase to ground - must be repaired or replaced to meet the standard. Any existing conductors with resistance values less than (<) 100 MOhms - phase to ground - must be reported to your Project Manager or Sales Coordinator. 4. Underground splices are strongly discouraged. If underground splicing is required per the electrical plans, use only listed connector systems, rated for wet locations. 5. Install empty conduit for future ticket booth from 480v panel to a location near the B2 pole. 6. Install empty conduit on each field from the field backstop to the location of the scoreboard. Wiring and connections to be completed by site electrical contractor. 7. Provide as-built drawings upon completion of installation as required. Control-Link® Control and Monitoring: 1. Provide labor, equipment, and materials to install Musco controls and monitoring cabinets and terminate all necessary wiring. 2. Provide a dedicated 120 V 20 A controls circuit or a step-down transformer for 120 V control circuit if not available. 3. Check all zones to make sure they work in both auto and manual mode. 4. Commission Control-Link by contacting Control-Link Central™ at 877-347-3319. 1 100 1st Ave West ⚫ PO Box 808 ⚫ Oskaloosa, IA 52577 Phone: (800) 825-6020 ⚫ Fax: (888) 397-8736 ⚫E-mail: rick.vandusseldorp@musco.com Project: Shawnee Sports Complex Soccer #13 & FB #14 Relocations Date: 7/14/2025 Sourcewell Master Project: 199030, Contract Number: 041123-MSL, Expiration: 06/16/2027 Category: Sports lighting with related supplies and services All purchase orders should note the following: Sourcewell Purchase-Contract Number: 041123-MSL Quotation Price- Rev4 The fee for services rendered including: Materials and Services as listed below: Plus applicable sales tax. Scope of Service Musco proposes the following service: • Musco to provide (4) 3B Pre-cast Bases (replacements for FB #14) • Musco to provide (4) 4B Pre-cast Bases (replacements for Soccer #13) • Musco to provide a Lighting Design for the new Field Layouts/Locations • Musco to provide a Stamped Foundation Drawing • Freight is included • Musco to Sub-contract All Purpose Erectors for the removal and installation per the following Scope: ➢ Demolition and Transport existing Musco Lighting system to storage area (already complete) • Base removal by others • Install Existing Musco Lighting System per Scan 245476A and C1 drawing dated 6/20/17. 8 poles, 52 fixtures • Provide Storage containers for Musco product during install. Dumpsters for waste • Spoils from excavation stockpiled on site. • Light Pole staking / layout by Penzel • Install Sch 40 / HDPE conduit and Copper Wire sized per NEC to light poles • Conduit installed by open cut / trenching – backfilled with excavated material • Coordinate installation of Ameren Transformer and Primary with MSI Electrical • MSI Electrical SOW includes all work to bring Ameren Power to the line side of meter • APE all electrical work load side of the meter out • Provide conduit, wire, stepdown xformer to connect 2 scoreboards – scoreboard installed by others • Stub Empty conduit for football parking from 480 volt panel to near the F2 pole • Reinstall existing 200 amp 480/277 3Ø, 4W service • Provided stamped engineered electrical drawings if required, city to provide AutoCAD and PDF site plan for electrical engineer use • Pull necessary electrical permits • Rough landscaping • Access to each pole location with heavy equipment required. Total: $209,484.00 ***Adder: Musco to provide and All Purpose Erectors to install (4) LED Ball Tracker fixtures : (1ea for poles S1-S4): $28,378.00 ***Adder: Musco to provide and All Purpose Erectors to install (4) LED 550 Parking/ Security fixtures: (2) S1, (2) S2, and (1) additional control zone: $31,188.00 2 Notes • Original Project 145769 • Musco will provide Scans and Foundation Drawings relative to Adder Options confirmation. • Installation by All Purpose Erectors is included per above Scope. Payment Terms Final payment terms are subject to approval by Musco credit department. Final payment shall not be withheld by Buyer on account of delays beyond the control of Musco. Freight Charges have been included in the above prices. Sales tax is NOT included as part of this quote. Prices are good for acceptance and delivery for 90 days only, unless such time is extended in writing. If you have any questions regarding the quotation, please call me at 641-660-5332. Sincerely, Rick Van Dusseldorp Lighting Services Sales Representative Musco Sports Lighting LLC 641-660-5332- Mobile rick.vandusseldorp@musco.com Staff: Jake Garrard, City Engineer Agenda: September 15, 2025 AGENDA REPORT Cape Girardeau City Council TITLE BILL NO. 25-99, a Resolution authorizing the City Manager to execute an agreement with Apex Paving Co. for the Cape LaCroix Trail Enhancements, in the City of Cape Girardeau, Missouri. Reading and Passage. SUMMARY The project consist of trail repairs, trail widening, and an asphalt overlay to result a new, 12' wide trail section from Bloomfield Road to the Shawnee Park Sports Complex. FINANCIAL IMPACT The bulk of this project is funded by a TAP grant. The federal match will be 80% not to exceed $480,680.80. The City's 20% match will come from PRS 2. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The section of trail to be replaced is in disrepair and showing signs of failure. The enhancements will improve the quality of the trail for pedestrian and bicycle traffic for the foreseeable future. STAFF RECOMMENDATION Staff recommends the City Council approve the attached resolution authorizing the City Manager to enter into a contract with Apex Paving Co. for the Cape LaCroix Trail Enhancements Project from the Bloomfield Road overpass to the Shawnee Park Sports Complex, in the City of Cape Girardeau, Missouri. The execution of the agreement will be contingent upon MoDOT concurrence of award. ATTACHMENTS • 25-99_Agreement_Apex_Trail_Enhancement.doc • Contract Agreement.pdf • Bid Opening Report.pdf BILL NO. 25-99 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING CO., FOR CAPE LACROIX TRAIL ENHANCEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Apex Paving Co., for Cape LaCroix Trail Enhancements from Bloomfield Road Overpass to the Shawnee Park Sports Complex, Federal Project No. TAP-9900(177) 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, 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 ______________, 2025. Stacy Kinder, Mayor ATTEST: ___ Courtney Davis, Deputy City Clerk 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 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT (STIPULATED PRICE) THIS AGREEMENT is by and between The City of Cape Girardeau (“Owner”) and (“Contractor”). Owner and Contractor hereby agree as follows: ARTICLE 1 – WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Removal of existing improvements, grading, widening the existing asphalt trail, constructing new concrete and asphalt trail sections, installing an asphalt leveling course, installing an asphalt overlay, installation of new storm sewer piping, site restoration and other related construction items as stated in the Specifications and as shown on the Project Plans prepared by Bowen Engineering & Surveying, P.C. and dated August 12, 2025 for the City of Cape Girardeau, Missouri. ARTICLE 2 – THE PROJECT 2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Cape LaCroix Trail Enhancements from Bloomfield Road Overpass to Shawnee Park Sports Complex - Federal Project No. TAP-9900(177) ARTICLE 3 – ENGINEER 3.01 The Project has been designed by Bowen Engineering & Surveying, P.C., and shall be known as the Owner’s Consultant, but will serve no role as the Owner’s representative for this Project unless otherwise specified herein. 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. 4.02 Contract Times: Days 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 A. The Work will be substantially completed within _300_ days after the date when the Contract Times commence to run or by September 1, 2026 whichever date occurs first as provided in Section 108 of the Missouri Standard Specifications for Highway Construction 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 _____ days after the date when the Contract Times commence to run. 4.03 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 $950.00 for each day or partial 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 $_______ for each day that expires after such time until the Work is completed and ready for final payment. 3. Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive and will not be imposed concurrently. ARTICLE 5 – CONTRACT PRICE 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents the amounts that follow, subject to adjustment under the Contract: A. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. ARTICLE 6 – PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions. 6.02 Progress Payments; Retainage A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the 10th day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values established as provided in the General Conditions (and in the case of Unit Price Work based    !"#$  % &' ()*!%"!   !      %+! $ !! &+$" ), "!&0%"#&)"0$,"%4!7!%")!&,"#?,&4 $%"7 , !%  ! 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"%)%  " D F C@//4 % %, "" #"% ! "%&)" "%)4 $&,!!+%D" "%) ")&0 "00F4# %!$% !!#&%!%, ""4! %!$,,!" ,,0"#)" "!% "%+"#&)!$&,!")&0"! "%)"%4!%"&+!$%") &)!  !+!,+!+ "% '%)1 )!+( %,G%1"&4 "%  ! &$$,0% ""*      !"#$  % &' ()*!%"!   !      %+! $ !! &+$" ,,    4 % "%)"%!7+!+%0* !+%0 ,,##)7"9  999999999 !)!!##)7 "#! "%)* - "# $%%&    -  - %*H!1  -  ,- +%  ,-   (If Contractor is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.) -   -  ,-   ,-  %#"%+7+")-  %#"%+7+")- "00& 7,"$04 ,,   88*"%0%%   $%%&4 >5@/.     )"*-   (where applicable)  Staff: Trevor Pulley, Assistant City Manager Agenda: September 15, 2025 AGENDA REPORT Cape Girardeau City Council TITLE A motion to accept water main improvements to serve the Gibson Business Center at 1112 Linden Street in the City of Cape Girardeau. SUMMARY Public water main improvements constructed to serve the Gibson Business Center are as follows: WATER MAIN • 8" C-900 PVC Water Line - 384 LF • 6" C-900 PVC Water Line - 7 LF • Fire Hydrant - 1 Each • 6" Gate Valve - 1 Each • 8" Gate Valve - 1 Each These improvements were inspected by City Staff and were completed generally in accordance with the approved plans. FINANCIAL IMPACT The water main improvements were installed by private contractor. Once accepted into the City system, the City will pay for routine maintenance and, if necessary, any repairs. STAFF RECOMMENDATION Staff recommends that the council accept, by motion, the water main improvements to serve the Gibson Business Center at 1112 Linden into the City system. BOARD OR COMMISSION RECOMMENDATION Staff recommends the Council accept, by motion, the water main improvements to serve the Gibson Business Center at 1112 Linden into the City System. ATTACHMENTS • 2025-08-20 Gibson Center Record Asbuilt Plan (Under Review 8.21.25).pdf 2-2 2-32-4 STS 2-3 STS 2-4 STS 2-2 Water Main PROFILE C0.1 AS-BUILT WATERLINE PLAN AND PROFILE SEAL THIS DRAWING IS NOT TO BE REPRODUCED WITHOUT THE PERMISSION OF KOEHLER ENGINEERING. NOT VALID FOR PROFESSIONAL PURPOSES UNLESS SIGNED AND SEALED. CHRISTOPHER L. KOEHLER - ENGINEER PE-28774 KELS PJCT NO. 38656 OWNR PJCT NO. DESIGNED BY DRAWN BY CHECKED BY DATE RE SD CK 08.20.2025 SHEET NO. RE V DA T E DE S C R I P T I O N K O E H L E R E N G I N E E R I N G A N D L A N D S U R V E Y I N G , I N C . Ci v i l E n g i n e e r i n g a n d S u r v e y i n g S e r v i c e s - 1 9 4 C o k e r L a n e - C a p e G i r a r d e a u , M O 6 3 7 0 1 Ph o n e : 5 7 3 . 3 3 5 . 3 0 2 6 - w w w . k o e h l e r e n g i n e e r i n g . c o m RE C O R D W A T E R P L A N F O R GI B S O N B U S I N E S S C E N T E R 11 1 2 L I N D E N S T . , C A P E G I R A R D E A U , M I S S O U R I 6 3 7 0 1 C/ O : A M E E B O E T T C H E R . 5 7 3 - 4 5 0 - 7 7 3 3 49 0 S T A T E H I G H W A Y F , J A C K S O N , M I S S O U R I 6 3 7 5 5 MO L S C O A : L S 0 0 0 2 6 2 - M O E N G I N E E R I N G C O A : 2 0 0 3 0 1 9 6 3 4 CoCG DIGITAL STAMP MI U O SS R I E O F T T A S A P R O F E S IS ON L E N G I N EERNUMBER PE-28774 CHRISTOPHER L. KOEHLER 8/20/25 N S E W 1 2 3 4 5 6 7 8 1 2 3 3 3 3 4 44 5 5 5 6 6 7 8 Staff: Gayle Conrad, Director of Citizen Services/City Clerk Agenda: September 15, 2025 AGENDA REPORT Cape Girardeau City Council TITLE Appointment to the River Campus Board of Managers SUMMARY Ms. Sophia Han has resigned from her position on the River Campus Board of Managers. She was serving a term set to expire on December 1, 2026. The River Campus Board of Managers is not subject to the code requirements relating to term limits or board attendance. Attached is a copy of the roster for the Board as well as the current applications on file. Applicant Ward Academy Graduate Lauren Jones 6 NO STAFF RECOMMENDATION It is recommended that one appointment be made to the River Campus Board of Managers for a term expiring December 1, 2026. ATTACHMENTS • ADVISORY BOARD ROSTERS.pdf • Jones, Lauren 09-08-2025.pdf River Campus Board of Managers 8/28/2025 NAME APPOINTED TERM EXPIRES Han, Sophia  City Council 12/4/2023 12/1/2026 11/16/2020 12/1/2023 Haskin, Kenneth  City Council 11/18/2024 12/1/2027 11/15/2021 12/1/2024 8/2/2021 12/1/2021 Poyner, Danielle   City Council 11/21/2022 12/1/2025 12/2/2019 12/1/2022 Koester, Brad  Board of Governors 12/1/2023 12/1/2025 Skinner, Bruce  Board of Governors 6/25/2024 12/1/2026 Weller‐Stilson, Rhonda  Board of Governors 12/17/2021 12/1/2027 12/14/2018 x 10/21/2011 x COORDINATOR: Brittany Schroeder, SEMO Admin Asst, 573‐651‐2210 DESCRIPTION:  Supervises the use of the River Campus facility. Proposes written policies for use of the River  Campus facility. Three appointed by Council and three by Semo University Board of Regents. At least one of the  city’s appointees shall be from the hotel/motel industry.   TYPE OF BOARD:  Advisory  TERM LIMIT:  3‐Year Terms MEETING TIME:  Board meets quarterly as needed.   STAFF LIAISON:  Kenneth Haskin, City Manager, 339‐6320 Name Lauren Jones Primary Phone 5734505537 Address 5831 Dalhousie dr Secondary Phone City, State Zip Ward: 8 Cape Girardeau Number of Years as a City of Cape Girardeau Resident 19 E-Mail Address Lauren@capespecialtyentertainment.com Current Employer and Position Owner Facing East LLC dbas: The Edge Pilates-Aerial Arts & Cape Specialty Entertainment Group Number in priority order the Board(s) you are interested in serving on. Airport Advisory Board Parks & Recreation Advisory Board Board of Adjustment Planning & Zoning Commission Board of Appeals Public Library Board Convention & Visitors Bureau Advisory Board 1 River Campus Board of Managers Golf Course Advisory Board 2 Show Me Center Board of Managers Historic Preservation Commission Special Business District Advisory Commission Liquor License Review Board Tree Board Special Qualifications for Specific Board(s) (Include Past Board Service): Citizen Academy Graduate : Yes No Current owner of a local performing arts studio and specialty talent agency (representing regional performers and developing regional and national performance opportunities). Current vested member of SAG-AFTRA (Screen Actors Guild – American Federation of Television and Radio Artists). 20+ years of international experience in fashion and performing arts (New York, Los Angeles, Paris, Milan) — both on stage and behind the stage. MBA degrees from: Columbia Business School – Marketing & Entrepreneurship London Business School – New Product Development & Innovation State Why You Are Interested in Serving on The Board(s): Why I Am Interested 1. Expand Access & Inclusion -Increase accessibility of River Campus facilities for local and regional performers. - Foster inclusive opportunities for youth from all socioeconomic backgrounds. -Reduce financial and logistical barriers for families who currently must travel to Sikeston, Perryville, or Carbondale for performances. 2. Revitalize Cultural Programming -Re-establish signature events such as the Summer Arts Festival or similar public-private partnership initiatives. -Attract touring exhibits and performances to Cape Girardeau. -Rebuild the River Campus as a cultural hub that engages both local artists and regional audiences. 3. Strengthen Community & Business Partnerships -Leverage public-private collaborations to sustain cultural programming. -Strengthen business support and restore enthusiasm for sponsorships and donations. -Ensure local businesses see value in their investment by keeping cultural activity (and revenue) in Cape Girardeau. 4. Fulfill the River Campus Mission -Advocate for stronger collaboration between the River Campus, SEMO’s arts community, and the regional performing arts community. -Ensure the River Campus, built with hotel/motel and restaurant tax funding, delivers on its founding purpose of attracting cultural activity, visitors, and new businesses to the city. Educational Background and Experience: Professional Affiliations Owner, The Edge – Pilates & Aerial Arts Owner, Cape Specialty Entertainment Group Owner, 200HR RYS The Yoga Source Member, Yoga Alliance Member, Pilates Method Alliance Member, American Circus Educators Listed in Who’s Who in America: Entrepreneurial Woman-Owned Small Business Member, Mensa Member, SAG-AFTRA (Screen Actors Guild – American Federation of Television and Radio Artists) Wilhelmina Models, Inc. (NYC Direct Bookings & NYC Fitness Division) Founder Roles The Edge – Pilates & Aerial Arts (2011) Cape Specialty Entertainment Group (2020) Certifications Aerial Arts – Born to Fly Aerial Teacher Training Fabric: Level 1, 2, 3 Aerial Yoga 1 Sling 1 Rope 1 (PDM) Trapeze 1 & 2 Lyra 1 -150-hour Certification: Aerial Arts Sequence (Theatre, Dance, & Recreational Circus) -150-hour Certification: Peak Performance Aerial Sequencing Pilates Aerial Pilates – Twisted Bodies (PMA) Mat 1 – Balanced Body (PMA) Pole Aerial Pole – XPert Pole Pole 1 & 2 / Static & Spin – Pole Fitness Alliance Rigging Aerial Rigging Safety – Delbert Hall Yoga E-RYT 200, Yoga Alliance; YACEP (Yoga Alliance Continuing Education Provider) Core Strength Vinyasa Yoga – Sadie Nardini YogaWall – Bryan LeGere Yoga Anatomy (75 hours) – The Breathing Project, NYC, Leslie Kaminoff BarreBody & Beyond Barre – Teacher Training (Created by Lauren Jones) ADVISORY BOARD APPLICATION 44 N. Lorimier St., Cape Girardeau, MO 63701, 573-339-6320 INTERNAL USE ONLY Board:______________________________ Date Appointed:______________________ Community Activities: Community Involvement Cape Chamber of Commerce – Member VintageNOW – Participant/Supporter (2018, 2022, 2023) Revivify American Cancer Society – Gala Committee Member Active participant in community events, including: - Old Town Cape Tree Lighting -Numerous Southeast Missouri Arts Council events -Redhawk Summer Camps See regular meeting times on second page. Would you like to receive news from the City via e-mail/blog? Yes No I hereby certify that all statements in this application are true. If appointed, I agree to serve and attend meetings regularly. I understand and agree that absence from three (3) consecutive meetings or four (4) absences in any twelve (12) consecutive months will result in my position being deemed vacant. I will immediately notify the City Clerk’s Office if my residential address changes. Signed: Electronically submitted Date Submitted: 09-08-2025 Board Member Applications are valid for one year from the date signed. Date Renewed: RETURN APPLICATION TO: City Clerk’s Office, 44 N. Lorimier Street, Cape Girardeau, MO 63701 E-mail to cityclerk@cityofcape.org Staff: Gayle Conrad, Director of Citizen Services/City Clerk Agenda: September 15, 2025 AGENDA REPORT Cape Girardeau City Council TITLE Appointment to the Board of Appeals SUMMARY Alayna Nordstrom's term on the Board of Appeals expired September 4, 2025. Ms. Nordstrom is interested in reappointment and her application is attached. A copy of the roster is attached for your review. With the current makeup of the board, an individual from one of the following professions is eligible to serve: contractor/architect, plumber/mechanical engineer, structural engineer, electrical engineer, or fire protection engineer. There are no other qualified applications on file. The International Building Code (as amended by the city) stipulates that the Board shall consist of seven individuals, not more than two from each of the following professions: (1) registered architect, or builder or superintendent of building construction with 10 years experience; (2) registered design professional with structural engineering or architectural experience; (3) registered design professional with mechanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years experience; (4) registered design professional with electrical engineering experience or an electrical contractor with 10 years experience; (5) registered design professional with fire protection engineering experience or a fire protection contractor with 10 years experience. If no qualified city residents apply for the board, then qualified applicants who are residents of Cape Girardeau County may be considered. In addition, two alternate members may be appointed and shall possess the qualifications required for board membership. Members serve five year terms. STAFF RECOMMENDATION Unless directed otherwise, one appointment to the Board of Appeals for a term expiring September 4, 2030, will appear on a future City Council Agenda. ATTACHMENTS • Board of Appeals Roster.pdf • NORDSTROM ALAYNA 01.30.2025.pdf BOARD OF APPEALS 8/28/2025 NAME FIELD TERM #APPOINTED TERM EXPIRES Blasiney, Robert Contractor/Electric 2 6/3/2024 6/4/2029 1 5/20/2019 6/4/2024 P 1/20/2015 6/4/2019 ALT 10/6/2014 6/4/2019 Cantrell, Melanie Structural engineer 3 10/17/2022 6/4/2027 2 6/5/2017 6/4/2022 1 6/4/2012 6/4/2017 P 12/15/2008 6/4/2012 Geringer, Derrick Contractor 1 6/21/2021 6/4/2026 Milde, Craig Architect 1 5/19/2025 6/30/2030 1 6/1/2020 6/4/2025 P 11/2/2015 6/4/2020 Nordstrom, Alayna structural engineer P 5/19/2025 9/4/2025 Sandin, Willie (Duane)electrical engineer 1 6/3/2024 6/4/2028 ALT 5/20/2019 6/4/2024 ALT 1/20/2015 6/4/2019 Strickland, Mark Mechanical 2 10/17/2022 6/4/2027 1 6/5/2017 6/4/2022 P 10/6/2014 6/4/2017 ALT 6/2/2014 6/2/2019 Kristen Uhrhan (ALT)Architect P 5/19/2025 6/4/2029 Bruce Baker (ALT)construction contractor P 5/19/2025 6/4/2028 P = Partial Term DESCRIPTION: Reviews ordinances and makes recommendations to the City Council. Reviews disputes in decisions of the Building Official. Board members required to have specialized knowledge in engineering, architecture or building trades in order to address all appeals dealing with building codes and minimum property standards. No more than two from each of the following professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have been in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years experience 5 of which shall have been in responsible charge of work; (5) Registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten years experience 5 of which shall have been in responsible charge of work. RESIDENCY: Members must be residents of the City of Cape Girardeau. However, if no qualified city residents apply, applicants residing within Cape Girardeau County will be considered. COUNCIL LIAISON: STAFF LIAISON: Doug Weisbrod, Building and Code Enforcement Manager NUMBER OF MEMBERS: 7 (plus 2 alternates) MEETING TIME: As Needed, Second Thursday of the Month at 7 pm in the Council Chambers TERM LIMIT: 2 Full Term Limits (5-Year Terms) Name Alayna Nordstrom Primary Phone 5732434080 Address 1863 Greenbrier St Secondary Phone 5733824476 City, State Zip Ward: Cape Girardeau, MO 63701 4 Number of Years as a City of Cape Girardeau Resident 9 E-Mail Address anordstrom@stricklandengineering.com Current Employer and Position Strickland Engineering, LC/ Structural Engineer Number in priority order the Board(s) you are interested in serving on. Airport Advisory Board Parks & Recreation Advisory Board Board of Adjustment Planning & Zoning Commission x Board of Appeals Public Library Board Convention & Visitors Bureau Advisory Board River Campus Board of Managers Golf Course Advisory Board Show Me Center Board of Managers Historic Preservation Commission Special Business District Advisory Commission Liquor License Review Board Tree Board Special Qualifications for Specific Board(s) (Include Past Board Service): Citizen Academy Graduate : Yes No Structural Engineer - PE State Why You Are Interested in Serving on The Board(s): To help with the process of adopting the newer building codes. Educational Background and Experience: BS and MS in Civil Engineering with emphasis in Structures. Community Activities: See regular meeting times on second page. Would you like to receive news from the City via e-mail/blog? Yes No I hereby certify that all statements in this application are true. If appointed, I agree to serve and attend meetings regularly. I understand and agree that absence from three (3) consecutive meetings or four (4) absences in any twelve (12) consecutive months will result in my position being deemed vacant. I will immediately notify the City Clerk’s Office if my residential address changes. Signed: Submitted Electronically Date Submitted: 01/30/2025 Board Member Applications are valid for one year from the date signed. Date Renewed: RETURN APPLICATION TO: City Clerk’s Office, 44 N. Lorimier Street, Cape Girardeau, MO 63703 E-mail to cityclerk@cityofcape.org ADVISORY BOARD APPLICATION 44 N. Lorimier St., Cape Girardeau, MO 63703, 573-339-6320 INTERNAL USE ONLY Board:______________________________ Date Appointed:______________________ Appeals 5/19/25 Staff: Gayle Conrad, Director of Citizen Services/City Clerk Agenda: September 15, 2025 MEMORANDUM Cape Girardeau City Council TITLE Advisory Board Minutes SUMMARY Airport Advisory Board - 08/12/2025 Board of Adjustment - no August meeting Board of Appeals - no August meeting Convention & Visitors Bureau Advisory Board - no August meeting Golf Course Advisory Board - 08/28/2025 Historic Preservation Commission - 08/20/2025 Liquor License Review Board - no August meeting Parks & Recreation Advisory Board - 08/11/2025 Planning & Zoning Commission - 08/13/2025 Southeast Metropolitan Planning Organization - No August Meeting Southeast Metropolitan Planning Organization Technical Planning - 08/06/2025 Special Business District Advisory Commission - no August meeting Tree Board - 08/18/2025 GENERAL DIRECTION ATTACHMENTS • 08.12.25 Airport Board-Minutes .pdf • 08-20-25 Historic Preservation Commission Minutes - DRAFT.pdf • 8.11.25 Parks and Rec Advisory Board Meeting Minutes Draft.pdf • 08.13.25 Planning and Zoning Commission Minutes Draft.pdf • 08.06.25 SEMPO_Minutes_TPC_DRAFT.pdf • 8.18.25 - Tree Advisory Board Minutes Draft.pdf • 8.28.25 Golf Minutes draft.pdf Cape Girardeau Regional Airport Advisory Board Meeting - Minutes August 12, 2025 The Cape Girardeau Regional Airport Advisory Board held its monthly meeting on August 12, 2025, at 11:30 am at the Airport Terminal Conference Room. Board Members Present: Staff Present: Keith Boeller, Chair JoJo Stuart, Airport Manager Bev Cleair, Vice Chair Audrey Lorch, Airport Support Spec. Kent Ward, Board Member Mark Bliss, City Council Liaison John Russell, Board Member Shawn Wasson, Board Member Bruce Loy, Board Member Nancy Kopp, Board Member Mark Mehner, Board Member Matthew Gadberry, Board Member Appearances – Nathan Gladden, Southeast Missourian Absent: NA Call to Order/Approval of Minutes—Mr. Boeller called the meeting to order at 11:35 a.m. Mr. Russell approved the July 2025 minutes. Mr. Ward seconded. All were in favor, and the motion passed unanimously. I. Old Business -  Airport Activity Report—Mr. Stuart presented the July 2025 activity report. Mr. Stuart noted that CGI enplanements have been strong on morning flights; overall, enplanements have increased. Contour bookings will continue through November 30. There will be two SEMO Football charter flights this year as well.  Cape Aviation Report – Mr. Stuart provided the fuel reports for July 2025. July fuel sales increased over 17% YTD. Military fuel sales are down slightly, but overall sales are trending upward in all areas.  Airport Projects Update -  Terminal Final Completion – Mr. Stuart mentioned that a few remaining items are still being worked on to complete the terminal. The rain leakage has been successfully fixed. Additionally, the door locks now feature a reliable battery backup to ensure continued operation until the system is connected to the generator.  Taxiway Delta Project – Mr. Stuart noted that the first concrete pour was last week; currently, the contractors are beginning phase two of the project. There will two runway closures to complete the work during the evenings.  Private Hangar Progress - Mr. Stuart reported that the base of the hangar is down, and construction will start soon. More discussion on the topic.  EAS Update - Called to order by Mr. Boeller, a closed session to deliberate Essential Air Service (EAS) options. Mr. Loy moved first, Mr. Mehner, second. II. New Business – NA III. Non–Agenda Items – Cape Copters will be having a World Helicopter Day on August 16. I. Adjournment - There being no other business, Mr. Boeller moved to adjourn the meeting, Mr. Mehner first, Mr. Ward, second. All were in favor. The meeting adjourned at 12:37 pm. Minutes prepared by: _____________________ Audrey Lorch, Airport Support Specialist HISTORIC PRESERVATION COMMISSION MEETING MINUTES August 20, 2025 City Hall – Council Chambers 44 North Lorimier Street Commission Members Present: David Atkins, Brian Balsmann, Ryan Lane, Denise Lincoln, Aaron Modrow, Phyllis Sides, Mary Kay Smith, Meghan Tyson Commission Members Absent: Kirstin Glaser Staff Present: Carol Peters, Ryan Shrimplin Others Present: Felix Kinsley (Honorary Member) Call to Order Chairman Lane called the meeting to order at 5:36 p.m. Approval of Minutes A motion was made by Mr. Atkins and seconded by Ms. Tyson to approve the minutes of the April 16, 2025 meeting as submitted. The motion passed by a unanimous vote. OTHER BUSINESS Juden Schoolhouse Presentation Mr. John Grammer with Prodigy Leadership Academy gave a presentation on Prodigy’s acquisition of the Juden Schoolhouse and its plans to rehabilitate the 165-year old structure. Located at 900 West Cape Rock Drive, the schoolhouse was acquired by Prodigy thanks to a generous donation from an alumnus. It was in service as a school building from 1860 to 1960. Since then, it has been used for various purposes, including an antique store. It has been vacant for many years and is now in a dilapidated state. Prodigy staff and students have cleaned up the property, but funding is needed to make any significant improvements. Prodigy procured a condition assessment in order to understand the issues that must be addressed and to develop a rehabilitation plan. The initial work will include stabilizing the foundation, replacing the roof, and installing new windows. Prodigy envisions repurposing the schoolhouse as a living history museum and event center. Hands-on learning is at the core of Prodigy’s educational model, so its students will be fully involved in every step of the process. The Commission thanked Mr. Grammer and Prodigy Leadership Academy for their efforts in preserving the building. They encouraged Prodigy to get the property listed on the National Register of Historic Places, which would make it eligible for tax credits and grants. Mr. Shrimplin suggested contacting Rick Hetzel, who rehabilitated another historic schoolhouse, the Kage School, in 2015. He also suggested contacting Dr. Steven Hoffman, Southeast Missouri State City of Cape Girardeau Historic Preservation Commission Meeting Minutes August 20, 2025 Page 2 of 2 University Historic Preservation Program Coordinator and Advisor to the Historic Preservation Commission. Election of Officers The Commission held its annual election of officers. A motion was made by Ms. Lincoln and seconded by Ms. Sides to re-elect Mr. Lane as Chairman, Ms. Glaser as Vice Chairman, and Ms. Smith as Secretary. The motion passed by a unanimous vote. Education Subcommittee Reports and Assignments Chairman Lane reported that the Education Subcommittee met in May, June, and July to work on the Cape Girardeau city history narrative and timeline for the City’s website. He will coordinate with the staff to schedule a presentation at an upcoming City Council meeting. The Subcommittee also began work on developing a walking and/or driving tour featuring Joseph Lansmon historic properties. The next Subcommittee meeting will be scheduled soon to finalize the list of properties and mark their locations on a map. Outreach Subcommittee Reports and Assignments Mr. Modrow reported that the Outreach Subcommittee prepared a list of properties for the passport program. The Subcommittee would like the passport to be in a digital format. Chairman Lane recommended contacting Dr. Hoffman to see if one of his students could assist with creating a digital passport. Commission Communication Chairman Lane shared that he and his wife recently purchased a 1978 home designed by John Boardman. He stated that the home has never been updated. He offered to give a tour to Commission members if they were interested in seeing the home. Chairman Lane announced that the annual Fall Muster at Fort D, which features living history demonstrations and reenactments, will be held on Labor Day weekend. Staff Communication Mr. Shrimplin reported that he met with several business owners recently who were looking to locate downtown. Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 6:35 p.m. upon a motion made by Ms. Lincoln and seconded by Ms. Smith. Respectfully submitted, Mary Kay Smith Secretary PARKS AND RECREATION ADVISORY BOARD Minutes - DRAFT Monday, August 11, 2025 - 5:30 p.m. Osage Centre  Meeting Room 1A Present: Percy Huston, Chairman Beverly Evans, Secretary Darrin Bruenderman, Board Member Tamara Buck, Board Member Jerry Dement, Board Member Lewis Jackson Hill, Board Member John Spear, Board Member Mary-Ann Maloney, Board Member Mark Moore, Board Member Absent: Phillip Moore, Vice-Chairman Thomas Drummond, Board Member David Cantrell, City Council Liaison Parks and Recreation Staff Present: Doug Gannon, Parks & Recreation Director Kaed Horrell, Parks Division Manager Scott Williams, Recreation Div. Manager Penny Williams, Recreation Div. Manager Brenda Newbern, Visit Cape Manager Adam Stevens, SportsPlex Facility Manager Moriah Lincoln, P&R Admin. Coordinator Welcome/Introductions  Percy Huston called the meeting to order at 5:31pm on Monday July 11, 2025 at the Osage Centre.  Doug Gannon introduced Bryan Johnson City Council Liaison from Ward 5 who filled in for David Cantrell. Presentations  Doug Gannon presented a slideshow of all the FY’ 26 Projects and Equipment Purchases List. Old Business  Approval of Minutes: July 14, 2025 – Chairman Huston asked for everyone to review the minutes. Beverly Evans motioned to approve the minutes, John Spear seconded. Minutes approved.  Recap of Youth Sports Complex Groundbreaking and Chris Hudson Memorial Unveiling Ceremony – Doug Gannon gave an update on how the Sports Complex ground breaking went with displaying pictures of all who spoke and attended. Penny Williams gave an update on the Chris Hudson Memorial in all who attended and the plaque that is now on display at the Skate Park. New Business  July 4th, 2026 Riverfest – Brenda Newbern and Doug Gannon informed a committee was put together to plan a large 4th of July event at the River front for America’s 250 birthday, with fireworks on the river next year. The event is still in early planning stages.  Sponsorship Update/ New Sponsors – Scott Williams announced that Cuba Financial and Cintas are now new Corporate level sponsors.  Youth Sports Complex Promotional Flyer – Penny Williams passed out a flyer of a draft that Molly Galik (Marketing Specialist) is putting together to be able to highlight the new complex and improvements to the existing complex for future tournament directors.  Fall 2025 / Spring 2026 League Schedule Changes - Scott Williams advised that due to ongoing construction and updates at the Shawnee Sports Complex that for one season the fall/spring sports who use the Complex might have to use d ifferent fields/locations then they have in past seasons. Reports/Project Updates  Parks and Recreation Project Updates  Walker Park/Cape County Rotary Club Project - Kaed Horrell updated that the Rotary Club wants to donate a Shelter, for park users to have use of. Planning for the concrete pad and larger parking lot are in the planning stages.  Youth Outdoor Sports Complex - Doug Gannon covered the handout of the timeline for the Youth Complex Construction timeline.  Shawnee Parks Sports Complex Improvements – Scott Williams advised the board on the plans for the fence update and how the infields on the exiting fields will be updated starting late fall in to the new year.  Golf Course Advisory Board – NO REPORT  Visit Cape Report - Brenda Newbern distributed the HMR report and gave an overview of upcoming events.  Tree Advisory Board – NO REPORT  Red House Interpretive Center Committee - Kaed Horrell updated that the reader boards is going to be replaced and where donated to the Red House. Quotes are coming for the roof replacement.  Foundation  One- Person Scramble – the tournament was held August 9, 2025. There was 41 participants. This event replaces the Glow Ball Tournament. All proceeds benefited the Parks and Recreation Foundation.  Doggy Swim Day at Cape Splash – scheduled for September 7, 2025. There will be public and private sessions offered, online registration is open.  City Council Report - No Report  Monthly Staff Report/Calendar Update – Handout was distributed for review.  Program and event updates – updates where given by several board members.  Riverfront Fall Festival - Brenda Newbern advised the date has need selected October 25, 2025. Please come and enjoy the music, food and shop the vendors.  Other Discussion Item-  Lewis Jackson Hill asked for an updated of the usage in the metal detectors purchased for the SportsPlex – Scott Williams, Penny Williams, and Doug Gannon gave and update. Other Business  Next Board Meeting – Monday September 8, 2025 at the Osage Centre at 5:30pm. Adjournment  A motion was made by Tamara Buck and seconded by John Spear to adjourn the meeting at 6:24pm. Motion was passed. Transcribed by: Moriah Lincoln, Administrative Coordinator The Park and Recreation Advisory Board of the City of Cape Girardeau, Missouri, may, as a part of the regular or special Park and Recreation Advisory Board meeting, hold a closed session to discuss legal action, causes of legal action of litigation, leasin g, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel or employee labor relations, or confidential or privileged communication s with its attorneys.. PLANNING & ZONING COMMISSION MEETING MINUTES August 13, 2025 City Hall – Council Chambers 44 North Lorimier Street Commission Members Present: Trae Bertrand, Scott Blank, Kevin Greaser, Robbie Guard, Gerry Jones, Chris Martin, Nick Martin, Emily McElreath Commission Members Absent: Derek Jackson Staff Present: Carol Peters, Trevor Pulley, Ryan Shrimplin Call to Order Chairman Blank called the meeting to order at 5:30 p.m. Approval of Minutes A motion was made by Mr. Bertrand and seconded by Mr. Greaser to approve the minutes of the July 9, 2025 meeting as submitted. The motion passed by a unanimous vote. REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS 1. Chairman Blank announced that the public hearing on the request of Forefront Enterprises to rezone property located at 2000 Old Sprigg Street Road from R-1 (Single-Family Suburban Residential District) to R-4 (Medium Density Multifamily Residential District) would not be held because the applicant recently withdrew its request. 2. A public hearing was held on the request of Hubbard Enterprises, LLC to rezone property located at 538 and 542 South Ellis Street and 549 South Sprigg Street from R-3 (High Density Single-Family Residential District) and C-1 (General Commercial District) to CBD (Central Business District). Chairman Blank recused himself from the discussion and vote due to a financial conflict of interest. Mr. Zach Mabery, Site Development Manager for Hubbard Enterprises, presented the request. He explained that the property needs to be rezoned in order to allow a proposed commercial development. Mr. Shrimplin explained that the property consists of two parcels separated by a public alley. A petition has been submitted to vacate the portion of the alley between the parcels. The rezoning is being requested now in order to have the new zoning in place by the time the alley is vacated. Per the Zoning Code, once a public street or alley is vacated, the zoning of the adjacent parcels is automatically extended to include the vacated area. Mr. Mabery stated that the purchase of the property is contingent upon approval of the rezoning request. Mr. Jones asked if the vacation would impact access for other property owners along the alley. Mr. Mabery stated that it would not impact access for the other owners. Mr. Greaser stated that a new development in this area would be good for the community. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 13, 2025 Page 2 of 3 Vice Chairman Nick Martin opened the public hearing. Seeing no appearances to speak, he closed the public hearing. A staff report was submitted to the Commission, which recommended approval of the rezoning request. A motion was made by Mr. Bertrand and seconded by Mr. Guard to recommend approval of the rezoning request. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining (Aye: Bertrand, Greaser, Guard, Jones, C. Martin, N. Martin, McElreath; Abstain: Blank). SUBDIVISION PLATS 3. The record plat of Park West Hospitality Center No. 6 Subdivision was reviewed by the Commission. Ms. Melanie Cantrell, Midamerica Hotels Corporation, presented the request. She stated that the plat subdivides the Hampton Inn lot to create an additional lot. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff’s comments being successfully addressed. A motion was made by Mr. Greaser and seconded by Mr. Bertrand to recommend approval of the record plat, subject to staff’s comments being successfully addressed. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Greaser, Guard, Jones, C. Martin, N. Martin, McElreath). 4. The record plat of Midamerica Crossings Fifth Subdivision was reviewed by the Commission. Ms. Melanie Cantrell, Midamerica Hotels Corporation, presented the request. She stated that the plat subdivides a lot to create a new lot next to the Acee’s Convenience Store on Veterans Memorial Drive. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff’s comments being successfully addressed. A motion was made by Mr. Greaser and seconded by Mr. Chris Martin to recommend approval of the record plat, subject to staff’s comments being successfully addressed. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Greaser, Guard, Jones, C. Martin, N. Martin, McElreath). OTHER ITEMS AND COMMUNICATION 5. Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District Mr. Shrimplin presented a proposed amendment to the R-4, Medium Density Multifamily Residential District section of the Zoning Code (Chapter 30 of the City’s Code of Ordinances). He explained that the amendment increases the maximum density from 18 units per one acre to 20 units per one acre. The amendment is based on input received from the development community, specifically those that develop multifamily projects. Staff reviewed the Zoning Code and noted that the maximum density in the R-5, High Density Multifamily Residential District is 30 units per one acre – a large step up from the R-4 maximum density of 18 units per one acre. There are only a few R-5 zoned properties in the city. A vast majority of the multifamily properties are zoned R-4. Although development costs have increased across the board, multifamily projects have become especially more expensive. Developers are seeking ways to offset increased costs in order to maintain the level of return on their investments. Increasing the R-4 maximum density to 20 units per one acre represents a small but significant benefit for developers. It allows them to build additional units without having to acquire additional land. The increase also reduces the large step between the R-4 and R-5 maximum densities, making it less likely that developers will pursue rezoning to R-5. He noted that the amendment also corrects some erroneous section references. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 13, 2025 Page 3 of 3 The Commission members discussed the differences between the R-4 and R-5 districts, noting that the minimum lot area, minimum lot width, and setback requirements were the same. Mr. Pulley stated that staff researched the multifamily density regulations of other municipalities in the area, and the amendment would bring Cape Girardeau closer in line with them. Mr. Jones stated that the difference between 18 units per one acre and 20 units per one acre would not make or break a project. Mr. Greaser stated that , on the one hand, the City has seen opposition to recent rezoning requests for R-4 due to concerns about increases in crime and traffic. Increasing the R-4 maximum density would only amplify those concerns. On the other hand, he has heard that there is a lack of affordable housing in the city. Mr. Guard stated that he feels more housing is needed, but the City needs t o determine what type(s) of housing should be supported. A motion was made by Mr. Guard and seconded by Mr. Bertand to recommend approval of the amendment as submitted. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Greaser, Guard, Jones, C. Martin, N. Martin, McElreath). Commission Communication Chairman Blank invited the Commission members to attend a ribbon cutting ceremony on September 3, 2025 at 1:30 p.m. at the new Police Substation at 629 Good Hope Street. Staff Communication Mr. Shrimplin expressed condolences to Mr. Jones on the recent passing of his father. Mr. Shrimplin gave the following updates: 1. Update on items from previous Commission meetings going on to City Council The City Council approved the following on July 21, 2025:  Park West Hospitality Center No. 4 Subdivision Record Plat – 2nd & 3rd Readings  Park West Hospitality Center No. 5 Subdivision Record Plat – 2nd & 3rd Readings Mr. Shrimplin and Mr. Greaser thanked the Commission members for their efforts in educating the public about the water system ballot measure, which voters approved on August 5, 2025. Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 6:10 p.m. upon a motion made by Mr. Bertrand and seconded by Mr. Nick Martin. Respectfully submitted, Chris Martin, Secretary TECHNICAL PLANNING COMMITTEE MEETING MINUTES August 06, 2025 Osage Centre 1625 N. Kingshighway, Cape Girardeau, MO 63701 Technical Planning Committee (TPC) Voting Members Present: Mr. Drew Christian, SEMO Regional Planning Commission (SEMO RPC) Mr. Rodney Bollinger, City of Jackson Mr. Jake Garrard, City of Cape Girardeau Mr. Cary Harbison, SEMO Port Mr. Mark Phillips, Cape Special Road District Mr. Ryan Shrimplin, City of Cape Girardeau Mr. JoJo Stuart, Cape Girardeau Regional Airport (via Zoom) Ms. Ginny Smith, Cape Girardeau County Transit Technical Planning Committee (TPC) Non-Voting Members Present Mr. Corbin Carlton, Missouri Department of Transportation (MoDOT) Ms. Cecelie Cochran, Federal Highway Administration – MO Division (FHWA) (via Zoom) Mr. Thomas Caldwell, Illinois Department of Transportation (IDOT) (via Zoom) Mr. Joe Killian, Missouri Department of Transportation Others Present: Mr. Trey Scott, Missouri Department of Transportation Staff Present: Mr. Alex McElroy, City of Cape Girardeau Program Administration/Support Consultant Present: Ms. Janice Collier, KLG Engineering Call to Order Chairman, Mr. Shrimplin called the meeting to order at 11:05 a.m. Introductions Each person introduced themselves and their organization and Mr. McElroy identified those participating with Zoom. Southeast Metropolitan Planning Organization TPC Meeting Minutes August 6, 2025 Page 2 of 4 Adoption of Agenda Upon a motion by Mr. Phillips, seconded by Ms. Smith, the Agenda of the August 6, 2025, Technical Planning Committee, was unanimously adopted. Approval of Minutes Mr. Shrimplin identified some corrections that are needed in the July 2, 2025 minutes. Upon a motion by Mr. Christian, seconded by Mr. Phillips, the amended minutes of the July 2, 2025, Technical Planning Committee was, unanimously approved. Communications from the Chairman Mr. Shrimplin stated he had no communications at this time. Public Comments Mr. Shrimplin asked if there were any comments from the public regarding items not on the agenda. There were none. New/Unfinished Business Metropolitan Transportation Plan Update – Mr. McElroy stated that in July, the consultants made progress on Task 2.3 – Stakeholder Engagement and Task 2.4 – Public Engagement. Eight stakeholder meetings were held, representing Aviation, Bike/Ped, Economic Development & Tourism, Emergency Management, Freight, Neighborhood Groups, Transit, and Accessibility. In addition, two well-attended Public Open Houses were conducted on July 21 at the Osage Centre and July 22 at the Jackson Civic Center, generating valuable feedback from participants. In August and September, we will advance Task 4 – 2050 Transportation Assessment Needs and Potential Emerging Technologies. This will include: 1) identifying efficient use of transportation resources, 2) conducting a needs assessment, 3) project modeling, 4) evaluating and recommending strategies for emerging technologies, and 5) updating fiscally constrained and illustrative project lists. Transit System Planning Project scope development and RFP preparation are scheduled for August and September. Multi Model Freight Plan A Task Order has been issued to SEMO RPC for project development and contract administration. We will collaborate with SEMO RPC on the RFP process and consultant selection. Transportation Improvement Plan Update The TIP update will be conducted by SEMO RPC under Task Order 1. General Services Agreement Our current GSAs expire in October 2026. I plan to initiate the solicitation in FY26 to allow sufficient time for execution, as waiting until FY27 would leave only four months before expiration. This project will begin later in the FY26 Planning Year. Southeast Metropolitan Planning Organization TPC Meeting Minutes August 6, 2025 Page 3 of 4 Member Reports: City of Cape Girardeau – Mr. Garrard reported the remaining project for the TTF 5 is the Main Street project to North Sprigg, they are waiting to bid until other projects are complete. TTF6, the South Sprigg water main project is half done, the street work reconstruction is moving North, to catch up with the water work. Lexington to Perryville intersection is open again, with West bound lane on Perryville work starting next week. The work is still ongoing West of Perryville to Carolina. Perryville is still shutdown between Sherwood and Lexington. They also have the box culvert project replacing the Perryville box while the road was shut down. Lappe doing the concrete work on Janet, they should have this finished by August 15th. Asphalt 2025 projects are finished up. There are a few smaller projects due to water main breaks. TTF7 compiling RFQ, the designs are done. We may not maintain the construction pace as the last year. Grant projects Cape Rock sidewalk review is underway. LaCroix Trail project will go to advertising for bids. City of Jackson – Mr. Bollinger stated East Main Sidewalks bids were opened they received two bids, the lowest was Lappe Cement and MoDOT has issued Notice to Proceed. Construction should begin August 18 and be completed in November. Sunset Hills Bridge replacement was awarded to Putz Construction and the work is moving fast. Concrete box beams have been set, asphalt laid and should construct the sides next week. Deerwood roundabout, Lochmueller has applied for the construction permit, and it has been approved by MoDOT. It is out for bid and should be approved by August 28th. Middle School sidewalk project is proceeding with Smith and Co. and preparing to get these out for approval by MoDOT next week. TAP app was submitted for The Hubble Creek Trail project, Phase 3, extending the trail to the soccer park. The concrete street program was awarded to Lappe. Asphalt bids out this month. Cape County – No report was given. Cape Special Road – Mr. Phillips reported that Pace Construction finished the asphalt projects. Penzel has begun work on County Road 635 and 637 bridge replacement. Cape Transit Authority – Ms. Smith reported that the transit is live with SEMO. SEMO services will begin on Saturday. The Trip Shot app is available. SEMO University – No report was given. SEMO Port – Mr. Harbison reported the earthwork is ongoing with the first blast today. Cape Regional Airport – Mr. Smith reported that the taxiway Delta project is ongoing and new hanger construction has begun. SEMO RPC - Mr. Christian stated they held the regional TAP meeting and finalized regional priorities. Regional Parkway project tied for 17th out of 21 projects on the list. This is the first time on the list. TIP updates were discussed. Bootheel RPC – No report was given. SEMO Redi – No report was given. Southeast Metropolitan Planning Organization TPC Meeting Minutes August 6, 2025 Page 4 of 4 MoDOT- Mr. Carlton reported that Route Y has reopened. Work has begun on the Highway 61/34/72 junction and on August 22, we anticipate putting concrete in on the intersection lanes. The Bloomfield Road will likely be rolled into 2026 project with MoDOT. Work continues the Emerson Bridge rehabilitation project, and will begin some PCC overlay work, they have also been working on the overlay work and sandblasting. Mr. Killian reported the 2026-2024 STIP has been approved by the Highway Commission and Federal Highways. Mr. Killian reported that he has a map that shows the projects for the first 3 years and the printed STIP. The High Priority Unfunded Needs public meeting will be held on August 28 in Poplar Bluff at the Ozark Foothills RPC. They encourage participation from the public and planning partners. They are in the middle of their asset management plan update, and plan to have this finished and turned into the Highway Commission by mid-November. Anticipate the announcement of the new DE. The Bloomfield Road project will be rolled a project that they will be letting in January. They will need a TIP amendment. They are also using some funds for experimental pavement on I-55, for 5-6 sections. Beginning in March, they will have a separate research project. Trey Scott will be working for MODOT on a permanent basis. IDOT – Mr. Caldwell stated they held a meeting with the Transamerica group with Earl Norman. State Representative Jamie Burger and Cape Girardeau’s City Manager Trevor Pulley were in attendance. IDOT will procced to funding for the study. FHWA MO Division – Ms. Cochran stated she had no report. Staff Report Mr. McElroy stated he had no report. Other Business and Communications There was no other business or communication. Adjournment Motion The meeting was adjourned at 11.39 a.m. on a motion by Mr. Bollinger, seconded by Mr. Christian. Respectfully submitted, Janice Collier TREE ADVISORY BOARD Minutes - Draft Monday, August 16, 2025 12:00 p.m. Osage Centre  Meeting Room 1A Present: Parks and Recreation Staff Present: Jennifer Benkhen, Chairman Doug Gannon, Parks & Recreation Director Jackson Hill, Vice-Chairman Kaed Horrell, Parks Division Manager Jonathan Notch Jackie Hamm, Parks Division Crew Leader Robert Harris Kayla Otte, P&R Administrative Coordinator Angela Wilson City of Cape Staff Present: Casey Brunke, Public Works Director Brock Davis, Assistant Public Works Director Opening  Jennifer Benkhen called the meeting to order at 12pm on Monday, August 18, 2025 in the Osage Center Meeting Room 1A. Approval of Minutes: April 4, 2025 and June 16, 2025  Jennifer asked for everyone to have a look over the minutes. Angela Wilson motioned to approve the minutes, Jackson Hill seconded. Minutes approved. Old Business  Capaha, Dennis Scivally, and Groves Park Tree Evaluation Update o Jack Hamm talked about some of the trees they have taken down, including several that are dead at Capaha. o The Parks Maintenance crew have just started working on Groves Park, and after that they will start on Dennis Scivally. The majority of the trees can be removed internally, some of them will have to be contracted out due to the location. o In the future, Jack Hamm and his crew will evaluate Kiwanis Park.  Memorial Tree Program o Kaed Horrell spoke about the changes that we would like to make to the program, including pricing and length of tree replacement. o The list of trees has also been modified to highlight trees that are native and will be more likely to thrive in their environment. o One of the other suggestions is to let them place a stone in front of an existing, established tree.  Broadway Trees o Since we first began talking about the Broadway Trees, a total of sixteen tree have been removed including a few that the city manager had requested.  West End Blvd Median Tree Removal o Kaed Horrell talked about his plan to put together a report on the median trees for City Hall to go over and see if it is feasible. New Business  Forest ReLeaf o Jennifer informed everyone that she has gotten confirmation from the program that they will be delivering trees to Cape Girardeau on October 8th. o The program is on first come, first serve basis and you can go online and order now. Other Business  Next Board Meeting – Monday, October 20, 2025 Adjournment  Motion to adjourn by Jackson Hill, seconded by Jonathan Notch. Transcribed by: Kayla Otte, Administrative Coordinator The Tree Advisory Board of the City of Cape Girardeau, Missouri may, as a part of the regular or special Tree Advisory Board meeting, hold a closed session to discuss legal action, causes of legal a ction of litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel or employee labor relations, or confidential or privileged communications with its attorneys. draft GOLF COURSE ADVISORY BOARD Minutes August 28, 2025 Present: Staff Present: Cindy Gannon, Chairperson Doug Gannon, Director of Parks & Recreation Janet Esicar, Secretary Kaed Horrell, Parks Division Manager Kristen Jones, Board Member Dianne Lawrence, Asst. Recreation Division Manager Josh Parham, Board Member Hunter Briscoe, Recreation Supervisor Tim Kelley, Board Member Rusty Golightly, Golf Course Superintendent Lindsey Pippins, Board Member Natalie Beasley, Administrative Coordinator Dale Pingel, Board Member Absent: Jarod Handley, Jaycee Liaison Claire Kneer, Vice Chairperson OPENING Cindy Gannon, called the meeting to order at 12:13 pm MINUTES A motion to approve the June 26, 2025 meeting minutes as written was made by Josh Parham and seconded by Kristen Jones OLD BUSINESS A. Financial report was a four year comparison, 2021 – 2025. B. Discussion of a new Weekday Pass (Monday-Thursday) with this, the Board made an informal request to research this further and revisit later; a motion was made by Josh Parham, seconded by Dale Pingel. NEW BUSINESS A. PRS2 Planned Improvements; Cart shed expansion, remodel maintenance building with work done in-house. B. Resurface the top parking lot, City Engineering department is getting bids. GOLF COURSE ADVISORY BOARD August 28, 2025 PAGE 2 C. Tournament summaries:  Ladies Golf Scramble did not make this year. A suggestion was made to change it to a 4 Person Ladies Scramble next year.  One Person Mulligan had 40 participants. Pro Shop staff could have done a better job of promoting this event.  Since the Jr Golf Classes are successful a Jr Golf Tou rnament was suggested. COMMITTEE REPORTS/PROJECTS UPDATES Marketing & Promotions – No report Policies & Procedures – No report Projects & Improvements – Kaed Horrell, Rusty Golightly  Update on Golf Cart purchase: 28 carts were ordered last week with a delivery date in March 2026  Erosion of soil by cart path in a few places needs addressing  Move the Ladies Tee Box at hole 16 Department Projects & Briefs – Doug Gannon, Kaed Horrell  Youth Sports Complex ground breaking ceremony was held July 25  Cape La Croix Trail overlay bids were received and with asphalt companies shutting down for the season project will begin in Spring Motion to adjourn the meeting was made by Dale Pingel and seconded by Janet Esicar meeting adjourned at 1:08 pm. Minutes recorded by Natalie Beasley Administrative Coordinator Osage Centre