Loading...
HomeMy Public PortalAbout2022-06-06 packetiPad Packets: Click to open “NOTES” NOTICE OF MEETING AND CITY COUNCIL AGENDA i MONDAY, JUNE 6, 2022 – 6:00 P.M. CITY COUNCIL CHAMBERS ~ JOHN G. CHRISTY MUNICIPAL BUILDING ~ 320 E. MCCARTY STREET TO JOIN VIRTUALLY: https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=mfdd64a8a8d6ac6f4e0796231428f4090 CALL-IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2489 412 4013 MEETING PASSWORD: 1234 TENTATIVE AGENDA PRAYER – Councilmember Hensley PLEDGE OF ALLEGIANCE 1. CALL TO ORDER 2. ROLL CALL 3. ADOPTION OF AGENDA 4. MISCELLANEOUS AGENDA ITEMS a. Richard Cross to Announce “Black Men Thrive” Tie Drive Fundraiser b. Mayor’s Sketch Day Winner Presentation to Laura Moody (Sarah Scheffer with Capital Arts and Mayor Tergin) 5. PUBLIC HEARINGS 6. APPOINTMENTS BY THE MAYOR 7. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Presentation from Nicholas Tietsort, Director, Emergency Management Agency, Cole County/Jefferson City Regarding Staffing Grant Opportunity 8. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF a. Council Committee Meetings (Check www.jeffersoncitymo.gov meeting calendar for dates, times locations, and agendas): i. Administration ii. Finance iii. Public Safety iv. Public Works & Planning City Council Agenda – June 6, 2022 ✓ = Request to suspend rules iPad Packets: Click to open “NOTES” 2 9. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS (All individuals will be limited to 5 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 10. CONSENT AGENDA a. Minutes of City Council Meetings: May 16 b. Approving a Contract with SHI for Network Administrator Services in the Amount of $39,000 c. Authorizing a Cooperative Procurement Agreement with O’Reilly Auto Parts and NAPA to Purchase Auto Parts and Supplies d. Accepting a State Community Development Block Grant – CARES (CDBG-CV) in the Amount of $2,000,000 for the Cole County EMS Station at 319 Adams St. e. Awarding $50,000 Bid to Capital Materials and Christensen Brothers Asphalt for Paving Materials for all City Departments 11. BILLS INTRODUCED a. 2022-011 Authorizing a $93,989.20 Cooperative Procurement Agreement with Corrective Asphalt Materials for the 2022 Street Seal Coating Project (Fitzwater) Staff: Matt Morasch b. 2022-012 Authorizing a $202,735.57 Sole Source/Cooperative Procurement Agreement with Donelson Construction for PressurePave Services (Fitzwater) Staff: Matt Morasch c. 2022-013 Authorizing a $831,178.50 Construction Contract with Jefferson Asphalt for the 2022 Streets Mill and Overlay Project (Fitzwater) Staff: Matt Morasch d. 2022-014 Authorizing a $79,800 Contracting with Kilmore Siding, Gutters & More for Fire Station 3 Replacement Siding (Schreiber) Staff: Matt Schofield e. 2022-015 Approving a $67,092.09 Contract with BusComm, a Sole Source Provider, for the Purchase, Installation, and Training on the Upgraded PD Recording System (Schreiber) Staff: Roger Schroeder f. 2022-016 Approving a Final Subdivision Plat of AZ Jefferson City Subdivision and Approving a Preliminary PUD Plan for Lot 2 of AZ Jefferson City, Addressed as 839 Eastland Dr. (Lester) Staff: Sonny Sanders 12. BILLS PENDING a. 2022-007 Authorizing the Vacation of an Unnamed Alley to the Rear of the Properties in the 1600 Block of W. Main Street (Fitzwater) Staff: Matt Morasch b. 2022-008 Amended - Amending Article 11, Paid Holidays, of the Personnel Policy Manual to include Juneteenth and Amending the FY2022 Budget to Appropriate Funds from the General Fund for the Additional Holiday (Wiseman) Staff: Gail Strope City Council Agenda – June 6, 2022 ✓ = Request to suspend rules iPad Packets: Click to open “NOTES” 3 c. 2022-010 Approving the Fraternal Order of Police Labor Agreement and Amending the FY2022 Budget by Supplementally Appropriating Funds within the Various City Funds (Schreiber) Staff: Steve Crowell i. Substitute 2022-010 d. 2022-009 Authorizing a 5% Salary Increase for all City Employees with the Exception of Police Officers Covered by the FOP Labor Agreement and the City Administrator (Wiseman) Staff: Steve Crowell e. 2021-075 Amended - Amending Chapter 3 (Advertising and Signs), Article III (Murals) Pertaining to Murals and Mural Permit Processing (Lester) Staff: Sonny Sanders i. 2021-075 Committee Amendment (Lester) ii. 2021-075 Substitute (Lester, Kemna, Ward, and Deeken) 13. INFORMAL CALENDAR a. 2022-003 Authorizing a $141,140 Engineering Design Contract with Engineering Surveys and Services for the Ohio Street Bridge Project (Fitzwater) Staff: Matt Morasch (Expires on Informal Calendar after 6/20/22 Meeting) 14. RESOLUTIONS a. RS2022-07 Authorizing the Loan and Grant Application for the State Revolving Loan Fund and Establishing and Authorized Representative (Fitzwater) Staff: Matt Morasch b. RS2022-08 Authorizing the Filing of Grant Applications for Stormwater and Wastewater for ARPA and Establishing and Authorized Representative (Fitzwater) Staff: Matt Morasch c. RS2022-09 Supporting MPCA (Missouri Primary Care Association) and MBHC (Missouri Behavioral Health Council) Building and Relocating to MSP Redevelopment Site (Fitzwater) Staff: Ryan Moehlman d. RS2022-10 Approving a Change Order to the Wallstreet Broker Services Contract for a 1-Year Renewal (Wiseman) Staff: Gail Strope 15. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS – (All individuals will be limited to 3 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 16. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS 17. NEW BUSINESS 18. UNFINISHED BUSINESS 19. ADJOURN i Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. NOTICE OF MEETING AND CITY COUNCIL AGENDAi CITY COUNCIL WORK SESSION City of Jefferson, Missouri 320 E. McCarty St. City Council Chambers MONDAY, JUNE 6, 2022 5:45 P.M. AGENDA 1. Discussion of June 6, 2022 City Council Meeting Agenda Items 2. Adjournment i Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Honorable Jefferson City Council, I write you today and ask for your approval to increase the staff of emergency management. As some of you know, emergency management's primary role in a disaster is to operate the emergency operations center and be the liaison with to local, state, and federal governments. When in normal operations emergency management assesses community threats, information shares with non - government agencies, prepares documentation, maintains emergency plans, and applies for grants and federal assistance, works in coordination with governmental organizations, emergency responders and stakeholders, plans recovery efforts, and more. Since 1989, Cole County and Jefferson City shared Cole County's Emergency Management services and equipment by establishing a memorandum of understanding (MOU). The director of emergency management has been the sole emergency manager for the county and city since 1989. Emergency management has added one administrative assistant that started part-time five years ago and has become full-time member of staff. Currently, the Emergency Management Performance Grant (EMPG) funds 50% of emergency management's salaries, benefits, and some budget costs. Cole County and Jefferson City split the remaining budget of 50% to a 25%/25% match. Emergency Management The EMPG, allows for agencies to apply for three full-time positions. A director, deputy director, and administrative assistant. I propose using EMPG to the fullest by applying for a deputy director and if successful add the position to the current staff. Emergency management needs to be involved in more event planning, training, exercises, volunteer and equipment management, grant writing/implementation, and most of all community engagement. With current staffing we fall short of our potential. I ask for your support as I apply for a deputy director position in the 2022 EMPG grant cycle. 7Nich las TjetsortDirector ole County/ Jefferson City Emergency Management CITY COUNCIL “PRE-MEETING” WORK SESSION, MAY 16, 2022 CALL TO ORDER In Mayor Carrie Tergin’s absence, Mayor Pro-Tempore Ron Fitzwater called the May 16, 2022 City Council “Pre-Meeting” to order at 5:46 P.M. to review the agenda. ATTENDANCE The following Councilmembers were present when the meeting convened: Present: Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Vogt, Ward, and Wiseman Absent: None DISCUSSION OF AGENDA ITEMS Councilmember Fitzwater will lead the prayer. Miscellaneous - Penny Smith will provide an update on Salute to America. - Councilmember Fitzwater will present the National Pet Rescue Day Proclamation to Police Captain Eric Wilde. - Michelle Brooks and Nancy Thompson will present their recently published book, Buried Jefferson City History. Public Hearings - There will be a public hearing on bill 2022-005. Appointments - Human Resources Director Gail Strope will present the recommended appointments. Consent Agenda - There were no questions at this time. Bills Introduced - City Staff presented their introduced bills. - Councilmember Lester intends to amend bill 2022-008. Bills Pending - City Staff presented their pending bills. CITY COUNCIL “PRE-MEETING” WORK SESSION, MAY 16, 2022 Informal Calendar - Based on discussions at the May 12th Public Works Committee meeting, Councilmember Fitzwater intends to leave bill 2022-013 on the informal calendar where it will expire after the June 20th City Council meeting. Resolutions - City Staff presented their resolutions. ADJOURNMENT The meeting adjourned at 5:55 P.M. 1 REGULAR COUNCIL MEETING, MAY 16, 2022 CALL TO ORDER In Mayor Carrie Tergin’s absence, Mayor Pro-Tempore Ron Fitzwater called the May 16, 2022 City Council meeting to order at 6:02 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward and Wiseman Absent: None ADOPTION OF THE AGENDA Councilmember Wiseman motioned and Councilmember Ward seconded the motion to adopt the agenda. The motion passed unanimously. MISCELLANEOUS AGENDA ITEMS a. Penny Smith provided an update on Salute to America. This year’s event will be July 3rd and 4th. They are currently looking for a main stage sponsor. A new company has been hired for the carnival. b. Councilmember Fitzwater presented the National Pet Rescue Day Proclamation to Police Captain Eric Wilde. Councilmember Fitzwater and Captain Wilde thanked City Staff and Foster Families for their hard work and assistance with the Animal Shelter and animals. c. Michelle Brooks and Nancy Thompson presented their recently published book, Buried Jefferson City History, about the Woodland Old City Cemetery. They also announced May as Historic Preservation Month. A portion of the book sales will go towards the “Gone But Not Forgotten Memorial”, to pay for engraving. PUBLIC HEARINGS a. Rezoning 0.2 Acres Located at 101 Jackson St. and 504 E. State St. from MU-1 to PUD and Approving a Preliminary PUD Plan i. Associated Pending Bill 2022-05 A Staff presentation was made by Sonny Sanders, Director of Planning and Protective Services. John Blosser with Transformational Housing spoke in favor of the bill. Transformational Housing’s contracted engineer and architect Larry Burkhart also spoke in favor of the bill. 2 REGULAR COUNCIL MEETING, MAY 16, 2022 There being no one else to speak on the bill, Councilmember Fitzwater declared the evidentiary portion of the public hearing concluded. 2022-005 sponsored by Councilmember Lester, entitled AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON BY REZONING 0.2 ACRES OF LAND ADDRESSED AS 101 JACKSON STREET AND 504 EAST STATE STREET FROM MU-1 MIXED USE TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PRELIMINARY PUD PLAN. Bill 2022-005 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16222. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward and Wiseman Nay: None APPOINTMENTS BY THE MAYOR Human Resources Director Gail Strope presented the recommended appointments to the following boards and commissions: Board or Commission Recommended Appointment New Term Expires Term Full/Partial Environmental Quality Commission Mackenzie Walker Nov 2022 Partial Historic Preservation Commission Christine Boston Dec 2024 Partial Jefferson City Industrial Dan Westhues* May 2025 Full Development Authority Bob Gilbert* May 2025 Full Bernie Fechtel* May 2025 Full Larry Vincent* May 2025 Full Beth Utrecht* May 2025 Full Diane Gillespie* May 2025 Full Hank Vogt May 2025 Full Parks & Recreation Commission Andre Grinston* May 2025 Full Alicia Edwards May 2025 Full Stu Murphy* May 2025 Full Planning & Zoning Commission Greg Butler May 2026 Full Blake Markus May 2026 Full Dale Vaughan* May 2026 Full Spencer Hoogveld May 2026 Full Treaka Young May 2023 ALT Hank Vogt May 2023 ALT Jacob Robinett May 2023 ALT *Requires 2/3 majority vote Councilmember Wiseman motioned and Councilmember W ard seconded the motion to approve the recommended appointments. The motion passed by the following roll-call vote: 3 REGULAR COUNCIL MEETING, MAY 16, 2022 Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward and Wiseman Nay: None PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS There were no presentations at this time. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF Sonny Sanders, Director of Planning and Protective Services announced the 2022 Annual Action Plan Public Meeting on May 25th at 4:00 P.M. in the Boone-Bancroft Room at City Hall. City Council committee announcements: • Committee on Administration – The next meeting is scheduled for Wednesday, June 1st, 7:30 A.M. in the Boone-Bancroft Room. • Finance Committee – The May meeting has been cancelled. • Public Safety Committee – The next meeting will be May 26th at 7:30 A.M. in the Police Training Room. • Public Works & Planning Committee – A meeting was held on May 12th. The next meeting is June 9th at 7:30 A.M. in the Boone-Bancroft Room. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations at this time. CONSENT AGENDA a. Minutes of City Council Meetings: May 2 b. Authorizing a $26,453.05 Estimated CoProcure Contract with Gillig LLC for Gillig Bus Parts and Supplies Councilmember Lester motioned and Councilmember Wiseman seconded the motion to approve the above items on the Consent Agenda. The motion passed unanimously. BILLS INTRODUCED 2022-007 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY OF AN UNNAMED ALLEY TO THE REAR OF THE PROPERTIES IN THE 1600 BLOCK OF W. MAIN STREET. 2022-008 sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING ARTICLE 11, PAID HOLIDAYS, OF THE PERSONNEL POLICY MANUAL TO INCLUDE JUNETEENTH HOLIDAY AND AMENDING THE FY2022 BUDGET BY 4 REGULAR COUNCIL MEETING, MAY 16, 2022 APPROPRIATING FUNDS FROM THE PUBLIC SAFETY TAX FUND TO THE GENERAL FUND. Councilmember Lester motioned and Councilmember Wiseman seconded the motion to amend the bill, taking out the funds appropriated from the Public Safety Tax Fund to pay for the holiday, and using the General Fund. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-009 sponsored by Councilmember Wiseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SALARY ADJUSTMENT AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS WITHIN THE VARIOUS CITY FUNDS OUTLINED IN EXHIBIT A. Councilmember Wiseman asked City Staff to provide a breakdown of the Fire Department and Dispatch Communicators percentage of the total cost of the proposed salary adjustment. 2022-010 sponsored by Councilmember Schreiber AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE FRATERNAL ORDER OF POLICE LABOR AGREEMENT AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING FUNDS WITHIN THE VARIOUS CITY FUNDS OUTLINED IN EXHIBIT A. Police Detective Jeremy Bowman, President of the FOP and Police Detective Jason Ambler, Vice-President of the FOP presented the proposed pay plan. City Attorney Ryan Moehlman indicated there will be a substitute bill distributed before the next City Council meeting. The packet materials for this City Council meeting erroneously did not include the bill language to approve the agreements. BILLS PENDING 2022-004 sponsored by Councilmember Schreiber AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING AUTOMATIC AID AGREEMENTS WITH FOUR (4) FIRE PROTECTION DISTRICTS. Bill 2022-004 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16223: 5 REGULAR COUNCIL MEETING, MAY 16, 2022 Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-005 Taken Up Under 5(a.) 2022-006 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CRAFTON TULL FOR THE CAPITAL AREA ACTIVE TRANSPORTATION PLAN, FORMERLY KNOWN AS THE CAPITAL AREA PEDESTRIAN & BICYCLE PLAN. Bill 2022-006 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16224: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None INFORMAL CALENDAR 2022-003 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ENGINEERING SURVEYS AND SERVICES, IN THE AMOUNT OF $141,140.00 FOR THE OHIO STREET BRIDGE PROJECT. Councilmember Fitzwater stated that he intends to leave bill 2022-003 on the informal calendar based on discussion in the Public Works and Planning Committee meeting and increased costs in construction materials. RESOLUTIONS RS2022-04 sponsored by Councilmember Schreiber A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR THE BUREAU OF JUSTICE ASSISTANCE BODY-WORN CAMERA POLICY AND IMPLEMENTATION PROGRAM GRANT Police Captain Eric Wilde presented the resolution. Councilmember Lester motioned to adopt RS2022-04. Councilmember Spicer seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman 6 REGULAR COUNCIL MEETING, MAY 16, 2022 Nay: None RS2022-05 sponsored by Councilmember Wiseman A RESOLUTION AUTHORIZING AN AGREEMENT WITH GALLAGHER BENEFIT SERVICES, INC., FOR EMPLOYEE BENEFITS BROKER SERVICES Director of Human Resources Gail Strope presented the resolution. Councilmember Lester motioned to adopt RS2022-05. Councilmember Kemna seconded the motion. The motion failed by the following roll-call vote: Aye: Deeken, Kemna, Lester, Ward Nay: Fitzwater, Hensley, Schreiber, Spencer, Spicer, Wiseman RS2022-06 sponsored by Councilmember Fitzwater A RESOLUTION SUPPORTING THE COUNTY COMMISSION’S SUBMISSION OF AN APPLICATION TO THE MISSOURI DEVELOPMENT FINANCE BOARD’S TAX CREDIT FOR CONTRIBUTION PROGRAM City Attorney Ryan Moehlman presented the resolution. Councilmember Wiseman motioned and Councilmember Spencer seconded the motion to adopt RS2022-06. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations at this time. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS Councilmember Spencer requested additional information on the City’s Self-funded Insurance Program. APPROVAL OF MAY 2, 2022 CLOSED SESSION MINUTES Councilmember Spicer motioned and Councilmember Lester seconded the motion to approve the May 2, 2022 closed session minutes. The motion passed by the following roll-call vote. 7 REGULAR COUNCIL MEETING, MAY 16, 2022 Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Ward Nay: None Abstain: Wiseman (She was not at the May 2, 2022 meeting.) UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilmember Wiseman, seconded by Councilmember Spicer, and approved unanimously at 7:07 P.M. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item B SUBJECT: Approve a Contract with SHI. Procured via Cooperative Procurement from an Office of Administration Issued Statewide Contract DATE CONSIDERED: June 6, 2022 (// ' DEPARTMENT DIRECTOR(S): ·Vt d.ec --< pt.{_~ CITY ADMINISTRATOR: k= ¥ · . Staff recommends utilizing the statewide Prime Vendor contract awarded by the Office of Administration, CT16091 0001, with SHI for network administrator services. Approval of this consent agenda item would allow the City to outsource portions of the network administration functions. Procurement of at least the services to be provided under this contract is necessary, since the City has been unsuccessfu l in hiring for the full-time Network Administrator position . Other duties of this position have been temporarily reassigned to remaining ITS staff. Funds to pay for these services will be taken from account 10-190-522020 . The annual cost is $39,900 .00 which includes a one-tim e cost of $5 ,250 .00 for a network audit/assessment. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Cooperative Procurement-Office of Administration Prime Vendor Contract Information Technology-Opened November 14, 2017 by the Office of Administration RECOMMENDATION: Staff recommends utilizing the statewide Prime Vendor contract awarded b y the Office of Administration (OA). The Prime Vendor contract was awarded by OA to SHI of Somerset, New Jersey for network administration services. The City has posted the n etwork administrator position twice and has not successfully been able to h ire for thi s position. This statewide contract will allow us to hire an outside contractor to perform services for the City that had previously been performed as part of the network administrator position. The annual cost for these services is $39,900 .00 which also includes an initial assessment/audit of our network. FISCAL NOTE: Expended or Account Number Description FY 2022 Encumbered Bid Amount Balance Budget Amount 10-190-522020 Professiona l Services $44,195.71 $0 $39,900 $4,295.71 Bid Total $39,900 PAST PERFORMANCE: The City has utili zed InfiniTech for projects in the past and the vendor has provided services satisfactorily to the Department. ATTACHMENTS-SUPPORTING DOCUMENTATION Signature: ~l !l f~ - u ing Agent 3/22 City of Jefferson, MO Richard Gerling 320 E McCarty St Jeffe rson City , MO 65101 United States Phone : 5 73-634-6412 Fax: Emai: RGerli ng@jeffersoncitymo.gov All Prices are in US Dollar (U SD) Product Network Administratio n: Annual Subscript ion Fee. lnfiniTech Consulting -Pa rt#: npn Contract Name: PC Prime Vendor Services Contract#: CT16091 0001 Note: Monitor, support, troubleshoot, and maintenance of th e wire d network switches, w ireless infrastru cture, and network firewall. Performance tuning and required configuration changes to all covered systems. Excludes ph ysica l cabling infrastructure and connected device troubleshooting . 2 Afterhours and Weekend Availability Annual Subscription Fee l nfiniTech Consulting -Part#: npn Contract Name: PC Prime Vendor Services Contract#: CT16091 0001 3 Initia l Onboarding , Network Audit, and Baseline Network Security Assessment One Time Fee lnfiniTech Consulting -Part#: npn Contract Name: PC Prime Vendor Services Contract#: CT16091 000 1 Additional Comments Pricing Proposal Quotation#: 2 1975448 Created On: 5/4/2022 Valid Until: 6/3/2022 Inside Account Manager Carlos Benitez 290 Da vidson Avenue Somerset, NJ 08873 Phone : 732-868-8974 Fax: Email: carlos_benitez@shi.com Qty Your Pri c e Total $27,090.00 $27,090.00 $7,560.00 $7 ,560.00 $5,250.00 $5,250.00 Total $39,900.00 Please note : There are items on th is quote that are ava ilable under contract# CT16091 0001 . These items are marked on the l ine ite m level. Please note, if Emergency Connectivity Funds (ECF) wi ll be used to pay for all or part of this quote, please let us know as we w ill need to ensure compliance with the funding program . Hardware items on this quote may be updated to reflect cha nges due to industry wide constrai nts and fluctuations. Thank you for choosing S HIInternational Corp! T he pricing offered on t his q uote proposal is val id through the expiration date listed above. To ensure the best level of service, please provide End User Name, Phone Number, Email Address and applicable C ontract Number whe n submitting a Purchase Order. For an y additional informatio n including Hardware, Software and Services Contracts, please contact an SHIInside Sales Representative at (888) 744-4084. SHIInternational Corp. is 100% Minority Ow ned , Woman Owned Business. TAX ID# 22-3009648; DUNS# 61-1429481 ; CCR# 61-243957G; CAGE 1 HTFO CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as '"City~', and SHI International Corporation, hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain services for InfiniTech network administration, hereinafter described in Exhibit A. WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for InfiniTech network administration, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor for the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Information Technology Department, and in accordance with the rates and/or amounts stated in the bid of Contractor dated May 4, 2022, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed Thirty-Nine Thousand Nine Hundred Dollars and Zero Cents ($39,900.00). 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall perform the services set forth in Exhibit A, for one ( 1) year from the date last executed by a party as indicated below. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. All of the services 2 required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 8. Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City. 9. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 10. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 11. Notice to Proceed. The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The City reserves the right to terminate this contract for convenience 3 by giving at least fourteen ( 14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may with cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney's fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 17. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 18. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 19. Indemnity. To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City, 4 its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (I) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 20. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 21. Documents. Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 22. Books and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 23. Nonsolicitation. The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 5 24. Delavs. That the Contractor s ha ll n ot b e li ab le for delays resulting from causes beyond the reasonab le contro l of t he Contractor; that t he Contractor has m ad e n o wa rranties, expressed o r im p li e d , wh ic h are n ot ex press ly set fo rth in thi s con tract; and that und e r no c ircumstances w ill th e Contractor be li ab le for indirect or consequ e ntial dam ages. 25 . A m e ndm ents. This contract m ay not be modified , c ha n ged or a ltered by a ny ora l prom ise or statement by whosoever m ade; nor sha ll any m odification of it be binding upon t he C ity until s uch written modification s ha ll have b een approved in writing by a n a uth orized office r of the C ity. Con tractor acknowledges that the City m ay n ot be re s pons ible fo r paying fo r chan ges o r modification s that were not prope rl y autho ri zed. 26. Goveming Law. T he contract shall be govern ed by t he laws of the State of Missou ri . The cou rts of the State of M issouri s hall have jurisd iction over any d is pute w hi c h a ri ses under thi s contract, a nd each of the parties s hall s u bm it a nd h ereby consents t o s u ch courts exercise of jurisdiction. In any s u ccessful action by the C ity to enforce th is contract , the C ity s ha ll b e e ntitl ed to recover its attorn ey's fees and expenses in curred in s uc h action. 27. N otices. A ll notices required or permitted he re inu nde r and required to be in writing m ay be g iven by first class mai l addressed to the fol lowing addresses. T he d a te and delivery of any notice s h a ll be the date fa llin g on t he second full day after the day of its m a ilin g. If to the C ity: City of J efferson Departme nt of Law 320 East McCarty Street Jeffe rso n City, Missouri , 65 I 0 I CITY OF JEFFERSON, MISSOURI C ity Admin istrat o r Date: ----- ATTEST: C ity C le rk APPROVED AS TO FORM : C icy~-- If to t he Con tractor: SH II ntem ational Corporation Attn: Carlo s Benitez 290 Dav id son A venue Som ers et, NJ 08873 SHI INTERNATIONAL CORPORATION Titl e: Date: ----- ATTEST: Titl e: SHI City of Jefferson, MO Richard Gerling 320 E McCarty St Jefferson City, MO 65101 United States Phone: 573-634-6412 Fax: Emai: RGerling@jeffersonci tymo.gov All Prices are in U S Dollar (USD) Product Network Admini stration : Annual Subscription Fe e. lnfiniTech Consulting -Part#: npn Contract Name: PC Prime Vendor Services Cont racl #: CT160910001 Note: Monitor, support, troubleshoot, and maintenance of the w ired networ k switches, wireless infrastructure, and network firewal l. Performance tuning and required configuration changes to all covered syslems. Excludes physical cabling infrastructure and connected device troubleshooting. 2 Afterhours and Weekend Availability Annual Subscription Fee lnfiniTech Consulting -Part#: npn Contract Name : PC Prime Vendor Services Contract#: CT160910001 3 Initial Onboardi ng , Network Audit, and Baselin e Network Security Assessment One Time Fee lnfiniTech Consulting -Part#: npn Contract Name: PC Prime Vendor Services Contract#: CT160910001 Addition al Comme nts Pricing Proposal Quotation#: 21975448 C r eated On: 5/4/2022 Valid Until : 6/3/2022 Exhibit A Inside Account Manager Carlos Beni tez 290 Davidson Avenue Somerset, NJ 08873 Phone: 732-868-8974 Fax: Emai l: carlos_benitez@shi.com Qty Your Price T otal $27,090.00 $27,090.00 $7,560.00 $7,560.00 $5,250.00 $5,250.00 Total $39,900.00 Please note: There are items on this quote that are available under contract# CT16091 0001. These items are marked on the line item level. Please note, i f Emergency Connectivity Funds (ECF) will be used to pay for all or part of this quote, please let us know as we will need to ensure compliance with the funding program. Hardware items on this quote may be updated to reflect changes due to industry wide constraints and fluctuations. Th ank you for choosing SHIInternational Corp! The pricing offered on this quote proposal is valid through the expiration date listed above. To ensure the best level of service , please provide End User Name, Phone Number, Ema il Address and applicable Contract Number when subm itti ng a Purchase Order. For any addition al infonnation includin g H ardware, Software and Services Contracts, please contact an SH I Inside Sales Representative at (888) 744-4084. SHI Int ernaliona l Corp. is 100% Minority Owned, Woman Owned Business. TAX ID# 22-3009648; DUNS# 61 -1 429481: CCR# 61-243957G: CAGE 1 HTFO CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item C SUBJECT: CoProcure . Contract 032521-0RA with O'Reilly Auto Parts and 032521- GPC with NAPA (Ed Miller Auto Supply), both Located in Jefferson City, Missouri for the Purchase of Immediately Needed Auto Parts and Supplies DATE CONSIDERED: June 6, 2022 DEPARTMENT DIRECTOR(S): __ --fl-.!...fZJ,JJ.J...::....:_:;L-~----!:...::............,t---:-==------­ CITY ADMINISTRATOR:~tz12:.:::::::=-;-Lf;c4~~~-------- Staff recommends approval to utilize the CoProcure contacts 032521-0RA with O'Reilly Auto Parts and 03251-GPC with NAPA (Ed Miller Auto Supply), both located in Jefferson City , Missouri for auto parts and supplies. Approval of this consent agenda item would allow the Central Maintenance Division to purchase immediately needed auto parts and supplies. Funds will be taken from various accounts throughout the City Departments . PA ST PERFORMANCE : These vendors have provided automotive parts and supp lies in the past. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Cooperative Procurement-Sourcewell Contracts for Auto Parts City Wide-Expiration Date: May 18 and May 19 , 2025 RECOMMENDATION: Staff requests approval to utilize the Sourcewell contracts 032521 -0RA with O 'Reilly Auto Parts and 032521-GPC with NAPA (Ed Miller Auto Supply), both located in Jefferson City, Missouri for the purchase of immed iate needed auto part s and supplies. In the past, the City has utili ze d a cooperative contract that was approved by the Office of Administration (OA). Contracts with both suppliers are expired. The Sourcewell contract was competitively bid and evaluated. Sourcewell awarded 17 contracts. NAPA was ranked #1 and O 'Reilly 's was ranked #4. The #2 and #3 vendors were IEH Auto Parts and Jasper Engine Exchange, neither of which are located in Jeffe r son City and cannot provide parts for the City's immediate needs. O'Reilly 's offers a discount off the list price of 41% or better to the City. NAPA offers a variety of discounts ranging from 46% to 72% off list price depending on the category. The average spend amount with O 'Reilly's for the past 5.5 years is $5 1,159.69 for the City with the largest user being Public Works, spending a 5.5-year average of$35,798. The average spend amount with NAPA for the pas t 5.5 years is $25 ,301.52 for the City with the largest user being Public Works, spending a 5 .5-year average of$16,992. The City is asking permission to u se these Sourcewell cooperative contracts rather than go ing through a bid process. FISCAL NOTE: The expenses for automotive parts and supplies will be paid with various General Ledger accounts throughout the City Departments. ATTACHMENTS-SUPPORTING DOCUMENTATION signature: "a_ ~~ urcha · g Agent 5/ /22 DocuSign Envelope ID: 36B2AC61-E602-492C-8664-55960C4CBAC4 032521-0RA Sou rcewell ~ Solicitation Number: RFP #032521 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and O'Reilly Auto Enterprises LLC dba O'Reilly Auto Parts, 233 South Patterson Ave., Springfield, MO 65802 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Aftermarket Vehicle Parts and Supplies from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 19, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 1 DocuSign Envelope ID: 36 B2AC6 1-E 602-492C-8664-559 60C4CBAC4 Table 11: Pricing and Delivery Provide detailed prici ng information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as des ribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form . Line Question a ~ Response • Item 53 Describe your pricing mode l (e.g., line-item discounts or We offer a produ ct-ca teg ory discou nt pricing mode l. Th e proposed product-category disco unts). Pro vi de d etai led pricing data discount for Sourcewe ll will be O'Reilly List Pri ce less 41 % or (including standard or l is t pricing and the Sou rcewell be tte r. This discount will cover every ite m we offer. Due to the discounted price) on all of the item s that yo u want numb er of ite ms O'Reilly offers, an individual li sting of every item is . Sourcewell to co ns ide r as part of your RFP response . If not ava ilable . We do hav e attached th e listing of every prod uct applicab le, provid e a SKU for each item in your proposal. category , subcategory, a nd segment on items we are proposing with Upload your pricing materials (if applicab le) in the th e stated discount. document upl oad section of yo ur response. 54 Quantify the pricing d iscount represented by the pricing Sourcewell's ca talog disco unt will be O'Reilly List Pri ce less 41 % or proposal in th is response . For example, if the pricing in better. Fo r 2020, Sourcewell members total purchases came out to . your response represents a percentage d iscou nt from be 21% less than if the y we re to pay O'Reilly retail price. MSRP or l ist, state the percentage or percentage rang e. 55 De scribe any quantity or vo lume discounts or rebate Any qu antity discounts are evaluated on a case by case basis. . programs that yo u offer. 56 Prop ose a me th od of fa cilitati ng "sourced" produ cts or In the event an agency wou ld li ke to procure an item that is from relate d services , which ma y be referred to as "open an ou ts ide so urce it woul d be subject to a slid ing scale m ark-up marker items or "nonstandard optio ns". For example, you from cost. . may supply such items "at cosr or "at cost plus a percentage,· or you may supply a quote for each such reque st. 57 Identify any element of the tota l cost of acquisition that is Not app l icable. NOT included in the pricing submitted with your re sponse. Th is in cludes all additiona l charges associated w ith a purchase that are not directl y identified as freight or . shipping charges . For examp le , list costs for items like pre - delivery inspection, installatio n, set up, mand atory tra ining, or in itial inspec tion . Identify any parties th at impose such cos ts and the ir relationship to the Proposer. 58 If freight, delivery, or shipping is an additional cost to the FreighVDelivery/S hipping cos ts will only be applicable on Sourcewell participating entity, describe in detail the factory/special order si tuations . These cos ts wi ll be co mmunica ted to . complete freight, shipping, and delivery prog ram . and approved by the agency at the time of the order. We do no t mark up shipp ing costs . 59 Spec ifica ll y describe freight , shippi ng, and delivery terms or FreighVDelivery/Shipping costs to Alaska and Hawaii will on ly be programs ava ilable for Alaska, Haw ai i, Canada , or any applicab le for factory/special order items . Canada and offshore . offshore delivery. delivery is not available at this time . 60 Describe any un iq ue distribution and/or delivery methods or Delivery is made by O'Reilly delivery team members in company opt ions offered in your proposal. owned vehicles. Average delivery time Is 30 minutes to 1 hour for items stocked in our local sto re . Items that are stocked in our DCs are available for ne xt day delivery, if not earlier. This serv ice is + ava ilable to agencies that are within a 5 mile ra dius of an O'Reilly store location . For agencies just beyo nd this distance, sc heduled deliveries may be a viable option . The se situations wou ld be addressed on a case by case basis. Table 12: Pricing Offered Line The Pricing Offered In this Proposal is: * Comments Item 61 b . the same as the Prop oser typica lly offers to GPOs, coope ra ti ve pro curement organizations, or state purchasing departments . Bid Number: RFP 032521 Vendor Name: O'Reilly Auto Enterprises LLC DocuSign Envelope 10: 6BEC61 CF-A289-4E75-8558-9EBBBC8A9C9D 032521-GPC Sourcewell ~ Solicitation Number: RFP #032521 CONTRACT This Contract is between Sourcewell, 20212th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Genuine Parts Company dba NAPA Auto Parts, 2999 Wildwood Parkway, Atlanta, GA 30339 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Aftermarket Vehicle Parts and Supplies from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires May 19, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev.l0/2020 1 NAPA Auto Parts Sourcewell Pricing Discount 111 /2022 Category Description Category Discounts 1. Air Conditioning 52 % 2 . Alternators and Starters 53 % 3. Batteries 46% 4 . Bearings, Ball and Roller 55 % 5. Belts and Hoses 48% 6. Brakes 56 % 7. Electrical and Ign ition 52 % 8. Emissions , Sensors and Ex haust 54 % 9. Engine and Drive Train 52 % 10 . Filters, Oil, Gas, Air and Transmission 72 % 11 . Gaskets and Seals 50% 12. Heating and Cooling (Engine) 53 % 13 . Lamps, Lighting and Mirrors 53 % 14. Oils, Chem icals, Fluids and Lubricants 52 % 15. Pumps , Fuel and Water 52 % 16. Suspension, Shocks , Struts and Steering 52 % 17. Wipers/Washers 59 % 18. Winter Accessories 54 % 19. General Automotive Parts 50% 20. Automotive Repair Shop Supplies and Equipment/Tools 46% (e .g., cleaning supplies, wrenches, etc .) Pr oposal Evaluati on Aftermarket Vehicl e Parts and Supplies RFP #032521 :~:~.:~; . -. ~;..~; Automotive P.-rts SeMen k~cher EmhJJon SoluHon Gf:nuiM PMU Compan y dba ....... ' Group (TM Group) Auto-W,ues Inc. TechnoloJies,. UC ~piUI Altr~t lons Inc Dtntl U "'op" UC ElliOTT AUTO SUPP\ Y CO INC G•Mral ~on ACDelc.o NAPA Auto Parts IEH Alllo Pans UC Possi ble Polnh Conformance to RFP Rrqulremcnts 50 39 33 38 37 33 40 40 .. .. Pridnc 400 323 281 291 311 261 326 311 JlS J3D Flnlndtl VI ability 1nd ~rbtp&au SuctHI 75 sa 53 51 5 1 55 sa 61 68 65 Ability to Sell MMI Dtllwr "'"""' 100 n .. 68 59 69 79 OJ 110 OJ MmctlncPbn 50 34 31 J6 34 33 39 Ja 48 ... v.eU«Addfl~Attribv1u 1S 55 51 53 sa ... 50 50 .. ... Wln>ftiV 50 42 39 .. 39 36 42 4 2 41 43 Depth tnd Brudth o l Offettd Equfpnwnt. Produc:U. ot """""' 200 181 165 131 139 lOS 113 163 184 175 Tot.M Pofnta 1,000 809 111 708 726 636 813 708 an ... R41AAOtdfl 7 " .. " 11 • , 2 Wutebuih (IWlronmentaf Whc .. n rnctne•f'int: Company ·~· Su~ift Ko&dinp tnc: lntcDUtc lbttcrlu, INC. Jaspc:r £ncinc-E..u.Nrcc New Yorltlkn ~l«.llC O'Re•lty Au\o £ntctpri1es llC PkOt P.VU (PACCAR.Inc..) SolutioMUC Inc. Pouibh Pofnts Conformance to ft FP Requirements .. 40 3<1 42 43 .. 39 35 37 Pridnc 400 334 334 JJa 326 333 281 312 321 Rn.tndal Vl•bUlty and M.1rketplace Succen 1S 64 sa ... 57 59 64 57 .. Ablllty to Sell and Dtllvtr """'"' 100 83 79 82 " 63 83 79 78 Martetln& """ 50 42 34 43 .. 40 35 .. 33 Value Addtd Attributes 75 64 60 59 60 60 66 39 57 Warr•ntv 50 41 40 41 41 43 39 37 38 Depth ~oN~ arndth of Offered EqulptMnt, Producu, or ~ces 200 163 134 169 154 175 168 155 141 Tot• P olnlS 1,000 831 773 836 795 833 780 754 765 ...... .,..., • 11 ! I • f I> " _Q~u~'J_ .. __ _ [T:=:~ Sletl HNIAijo. CPIM. Ptoaoreme« Molyst Tom Shai'Donno, Ptocutement Mllyll Corrigan, Leigh Ann From: Sent: To: Subjed: Rademan, Keith Thursday, May 26, 2022 8:25 AM Corrigan, Leigh Ann RE: O'Reilly Auto Parts That is fine with me. Please let me know if I need to do something different when ordering. Thanks From: Corrigan, Leigh Ann <LCorrigan@jeffersoncitymo.gov> Sent: Wednesday, May 25, 2022 3:41 PM To: Stumpe, Shawn <SStumpe@jeffersoncitymo.gov>; Rademan, Keith <KRademan@jeffersoncitymo.gov> Subjed: O'Reilly Auto Parts In the past, we have purchased parts from O'Reilly by using the Office of Administration's contract. For whatever reason, they did not renew their contract which I think used a NASPO contract. Sourcewell has a cooperative contract with O'Reilly that we can use which offers 41% or better discount. We just need to run it through City Council for approval. If you are ok with this, I will do the paperwork to get it on the next City Council's agenda. You should not see any difference in how you use O'Reilly . . Leigh Ann Corrigan Purchasing Agent City of Jefferson Phone: (573) 634-6325 Fax: (573) 634-6329 1 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item D SUBJECT: Acceptance of State Community Development Block Grant -CARES (CDBG-CV) in the amount of $2 .000 ,000 DATE CONSIDERED: June 6 , 2022 DEPARTMENT DIRECTOR(S): --~~=..,~L.I::!E.:::;:=,~:::.__-----­ CITY ADMINISTRATOR:__.GL---=-----~~~4L---o.L------------- Approval of this Consent Agenda item would allow acceptance of a State Community Development Block Grant -CARES Act (CDBG-CV) in the amount of $2 ,000,000 . Grant funds will be subgranted to Cole County for the construction of an EMS Station at 319 Adams Street. The total grant award is $2 ,905 ,280 : Federal $1,910 ,000 Cole County Match $905 ,280 Mid-MO Reg io nal Planning Commiss ion $45 ,000 Admin City of J efferson Adm in $45 ,000 TOTAL $2,905 ,280 Memorandum ______________________________________________________________________________ To: City Council From: City Administrator Re: Grant Acceptance Over $25,000 For: Consent Agenda ______________________________________________________________________________ Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant: The name of the grantor: MO Dept. of Economic Development – Community Development Block Grant Program The amount of the grant: $2,000,000 The purpose of the grant: Subgranting to Cole County for the construction of a new ambulance facility at 319 Adams Street. Any matching requirements or future obligations tied to acceptance of the grant: GL Acct where matching funds will come from (will be used for budget adjustment upon grant acceptance to make budget authority in expense acct shown below whole) Cole County is responsible for the $905,280 cash match. No GL Acct will be used for matching funds. CFDA#: 14.228 Grant Award # (if any): B-20-DW-29-0001 City Department Responsible: Planning and Protective Services Employee assigned as Grant Administrator: Rachel Senzee Revenue account # to be amended: 10-145-430010 Federal Grants Expense account # to be amended: $45,000 10-145-501020 Salaries $1,955,000 10-145-520072 Subrecipient Reimbursement Reviewed by Finance: Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. For Finance Department Use only: Approved on the Consent Agenda this _______ day of _______, 20_____ Revised 8/2/16 by Ordinance 15545 573-751-3600 P.O. Box 118 Jefferson City, MO 65102 https://ded.mo.gov/ https://ded.mo.gov/cdbg Michael L. Parson Governor Maggie Kost Acting Director May 19th, 2022 The Honorable Carrie Tergin Mayor City of Jefferson 320 E McCarty St Jefferson City, MO 65101 Email: ctergin@jeffersoncitymo.gov Re: City of Jefferson 2020-PF-CV10 Dear Mayor Tergin, I am pleased to inform you that your Cole County Emergency Medical Services Facility application on behalf of Mid MO Regional Planning Commission has been approved by the Community Development Block Grant (CDBG) Program in the amount of $2,000,000. On behalf of the State of Missouri, we would like to congratulate City of Jefferson for its efforts to enhance the community and strengthen its economy. Attached is the Funding Approval and Grant Agreement for your CDBG project. Please sign the Grant Agreement and have it attested by the appropriate local official. Return the signed Agreement to CDBG via email mocdbg@ded.mo.gov. Upon final signature by Department of Economic Development, an executed copy will be returned to you for your files. In addition, if there are any changes to the project timeline already provided, you must complete a Projected Expenditures form; you can find this form at the following link: https://ded.mo.gov/sites/default/files/CDBG_ProjectedExpenditures-quarter.pdf Please note - the U.S. Department of Housing and Urban Development (HUD) has updated its Section 3 requirements for sub-grantees. You can access information and materials on the HUD Exchange and/or the Department of Economic Development (DED) website: https://ded2.mo.gov/cdbg/reporting/section-3. The period of the grant agreement began 3/10/2022. Eligible administrative costs can be incurred after this date. Activities not subject to environmental review procedures may also be incurred. Requests for funds may not be submitted until the grant agreement has been executed by the state and returned to your office. Procedures set forth in the “CDBG Administrative Manual” will be in effect for your grant. Julianna Kliethermes, your CDBG Compliance Specialist, will be contacting you soon to arrange a meeting with you to discuss the procedures and requirements of the program. We suggest that you begin to select the person(s) or firm who will be responsible for the administration of your grant, as outlined in the application guidelines. Grantees and sub-recipients that expend $750,000 or more during the non-Federal entity’s fiscal year in Federal awards must have a single or program -specific audit conducted in accordance with the requirements found in 2 CFR 200, Subpart F – Audit Requirements. This requirement is further explained in the Financial Management Chapter of the CDBG Administrative Manual. If you need any assistance or have questions, pl ease contact Julianna Kliethermes via email at Julianna.Kliethermes@ded.mo.gov or by phone (573) 751-3600. Sincerely, Brandon Jenson Community Development Block Grant Program Manager Business and Community Solutions CC: Julianna Kliethermes, Compliance Specialist Kimberly Stuefer, Chief Compliance Officer MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FUNDING APPROVAL under Title 1 of the Housing and Community Development Act of 1974 (Public Law 93-383) as amended. 1. NAME AND ADDRESS OF GRANTEE 10. PROJECT DESCRIPTION (indicate specific scope of each activity City of Jefferson DUNS#: 048127740 regardless of funding source) 320 E. McCarty Street FEIN# 44-6000193 Jefferson City, Mo. 65101 CFDA# 14.228 Cole County Phone# 573-634-6303 2. PROJECT NUMBER 3. SEN. DIST.REP. DIST. 06 60 4. POPULATION 5. NO. OF BENEFICIARIES P F 26903 10891 6. GRANT AWARD DATE 7. GRANTEE FYE DATE 8. MAXIMUM CDBG GRANT AMOUNT AWARDED 9. FEDERAL AWARD IDENTIFICATION NUMBER NATIONAL OBJECTIVE:LMI Census LMI PERSONS:51.0%LMI FAMILIES:51.0% REQ. MATCHING FUNDS ENV. D RECIPIENT OTHER PROGRAM ACTIVITY REV.(1)B CASH IN-KIND PRIVATE STATE/FED 2,232,340 1,910,000 322,340 150,000 150,000 20,000 20,000 210,000 210,000 202,940 202,940 0 Community Facilities Site Prep Construction Inspection Engineering Design Equipment Administration 90,000 90,000 0 0 TOTAL 2,905,280$ 2,000,000$ 905,280$ 0$ 0$ 0$ (1) Funds for activities that are conditioned subject to an environmental review may not be incurred or obligated until a written "Notice of Removal of Grant Conditions" is issued by DED. PREPARED BY DATE JH Sanning 03/30/22 2020-PF-CV10 43,228 03/10/22 B-20-DW-29-0001 2,000,000$ 10/31 ACT. NO. FUNDING YEAR TOTAL CDBG FUNDSSection 3 Constructing a new ambulance facility at 319 Adams Street 1 Grant Agreement Between State of Missouri Department of Economic Development And City of Jefferson Missouri 2020-PF-CV10 March 10, 2022 2 DED Form GA-2020 STATE OF MISSOURI DEPARTMENT OF ECONOMIC DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ______________________________________________________________________________ SECTION 1: INTRODUCTION AND GRANT REQUIREMENTS 1.1 Introduction: 1.1.1. This Grant Agreement, by and between the Department of Economic Development, an executive branch agency of the State of Missouri (DED), and City of J efferson Missouri (Grantee) is for the provision of improvements under the Community Development Block Grant (CDBG) Program, as further defined in the “Scope of Services and Deliverables.” 1.1.2. This Grant Agreement is made pursuant to the authority of the Housing and Community Development Act of 1974 (Public Law 93 -383), as amended (“the Act”), codified at 42 U.S.C. § 5301, et seq., and commonly referred to as the Community Development Block Grant Program (“CDBG”). 1.1.3. The following additional documents are incorporated by reference as part of this Grant Agreement: 1.1.3.1. The Grantee’s submissions for CDBG assistance; 1.1.3.2. The Statement of Assurances; 1.1.3.3. The Grant Budget; 1.1.3.4. The Act, as now in effect and as may be amended from time to time; 1.1.3.5. Department of Housing and Urban Development (“HUD”) regulations at 24 CFR Part 570, as amended from time to time, and as modified by waivers, alternative requi rements, and other requirements described in this agreement and in Federal Register notices published as of the date of this Agreement or in the future; 1.1.3.6. Section 3 of the Housing and Urban Development Act of 1968, as amended by the Housing and Community Development Act of 1992 ("Section 3"), codified at 12 U.S.C. 3 1701u, and HUD implementing regulations at 24 CFR Part 75, as may be amended from time to time ; 1.1.3.7. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 CFR Part 200, as may be amended from time to time ; 1.1.3.8. DED's current Consolidated Plan and Annual Action Plan, pursuant to 24 CFR Part 91, as amended; 1.1.3.9. The Sta te’s CDBG Administrative Manual; 1.1.3.10. The State’s CDBG Policies and Procedures Implementation Manual; 1.1.3.11. The State’s CDBG Guidelines; 1.1.3.12. The federal award identification worksheet; If the Funding Assistance amount is over $100,000, the Certification Regarding Government-Wide Restriction on Lobbying; and 1.1.3.13. The DED Funding Approval form. 1.1.4. Key Dates and Deadlines: 1.1.4.1. The effective date of the Grant Agreement shall be the Grant Award date set forth in the DED Funding Approval form (“Effective Date”). 1.1.4.2. The Project is funded by one or more federal grants, identified in Section 9 of the Funding Approval Form. Each federal grant has a deadline after which the funds from the grant can no longer be expended (“Federal Grant Deadline”), as set forth below: Federal Grant No. identified in Section 9 of Funding Approval Form Federal Grant Deadline B-20-DW-29-0001 August 23, 2027 1.1.4.3. Expenditure Deadline: All expenditures of CDBG funds under this Grant Agreement must be completed no later than three (3) years from the Effective Date, EXCEPT THAT if the Federal Grant Deadline above is an earlier date, the funds 4 attributable to that federal grant must be expended by the applicable Federal Grant Deadline. 1.1.4.4. Final invoice and grant distribution reconciliation report for each Federal Grant source must be submitted no later than 60 days after the Expenditure Deadline as set forth in Section 1.1.4.3. 1.1.4.5. The Project must be completed three years from the Effective Date (“Project Completion Deadline”) (also set forth in Section 1.2.3). 1.1.4.6. All Project closeout documents must be submitted no later than sixty (60) days after the Project Completion Deadline. 1.1.4.7. Grantee shall adhere to the deadlines for the project. In the event that the Grantee is unable to meet a deadline, the Grantee shall request an extension of such deadline from DED in writing no later than five business days prior to the deadline. Deadlines for expenditures may not be extended beyond the Expenditure Deadline. 1.2 General Requirements: 1.2.1 DED will make available the funding assistance specified in the attached DED Funding Approval form (the “Funding Assistance”) to the Grantee for completion of the project identified on the Grantee’s CDBG Program Application (the “Project”). The obligation and utilization of the Fundi ng Assistance is subject to the requirements for a release of funds by DED under the Environmental Review Procedures at 24 CFR Part 58 for any activities requiring such release. 1.2.2 The Grantee agrees to accept responsibility for adherence to this Grant Agreement by any and all subrecipient entities to which it makes available any portion of the Funding Assistance. 1.2.3 The Grantee agrees that it will complete the Project no later than three years from the Effective Date set forth in Section 1.1.4 (“Project Completion Deadline”). 1.2.4 The Grantee agrees that it will adhere to the projection of grant expenditures by activity as submitted with the application. 1.2.5 The Grantee agrees that its disbursement of funds must occur in a timely manner. If any payment takes longer than three days (as provided in the 5 financial chapter of the CDBG Program Administrative Manual), the Grantee will maintain a written explanation for such delay. 1.2.6 The Grantee agrees to conduct the Project in such a manner to ensure timely expenditure of funds and accomplishment reporting. The Grantee agrees to submit updates regarding expenditure projections on a quarterly basis. 1.2.7 The Grantee warrants that its internal financial controls will be followed with respect to all activities conducted pursuant to this Grant Agreement, and that such controls are adequate. The Grantee agrees to establish and maintain a financial management system in order to provide accurate, current, and complete disclosure of the financial status of the CDBG Program funded Project by eligible program activity. The Grantee agrees to provide effective control over and accountability for CDBG Program funds, property, and other assets, including proper segregation of duties. 1.2.8 The Grantee agrees to comply with the principles for determini ng allowable costs found in 2 CFR Part 200 (as made applicable by 24 CFR 570.489). 1.2.9 The Grantee will: a.Identify the total need of assistance, b.Identify the total of all available assistance, c.Identify the assistance determined to be not available for the same purpose /activity, d.Perform calculations determining the total funds available from other sources, e.Perform calculations determining the maximum eligible award, f.Require all applicants to sign a subrogation agreement to repay any assistance later received for the same purpose, and g.Recapture funds, if necessary, including but not limited to situations when funds were expended in excess of the need and duplicative other assistance received by the beneficiary for the same purpose. 1.2.10 The Grantee agrees that State and HUD officials shall have full access to any documents or materials relating to the Funding Assistance at any reasonable time. 6 1.2.11 The Grantee agrees that all funds received under this Grant Agreement shall be held and used by the Grantee for the sole purpose of accomplishing the Project, and none of the funds so held or received shall be diverted to any other use or purpose. 1.2.12 The Grantee agrees that any material prepared by the Grantee, or by persons or firms employed or contracted by the Grantee, in connectio n with this Grant Agreement shall not be subject to copyright, and DED shall have the unrestricted authority to publish, distribute, or otherwise use, in whole or in part, any reports, data, or other material prepared under this Grant Agreement. 1.2.13 The Grantee agrees that any approval of contracts, sub -contracts, material or service orders, or any other obligation by the Grantee or its agents shall not be deemed an obligation by DED or the State of Missouri, and neither shall be responsible for fulfillment of the Grantee’s obligations. 1.2.14 The Grantee agrees to comply with the citizen participation requirements set out in Section 104(a) of the Act, including the State’s written Citizens Participation Plan in accordance with Section 508 of the Housing and Community Development Act of 1987. 1.2.15 The Grantee agrees to adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations in accordance with Section 519 of Public Law 101- 144, and also agrees to enforce applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. 1.2.16 The Grantee agrees to comply with all reporting requirements of the HUD performance measurement or financial systems, including but not limited to the Integrated Disbursement and Information System (“IDIS”). DED may suspend requests for CDBG Program funds by the Grantee for failure to comply with any specific requirement of such reporting. 1.2.17 The Grantee agrees to comply with the State’s procedures and policies to prevent and detect fraud, waste, and abuse. The Grantee acknowledges that a subrecipient’s or service provider’s systems used to administer CDBG funds will be monitored to ensure that adequate protections against fraud and misuse of funds are in place. 7 1.2.18 The Grantee agrees to comply with the policies and procedures set forth in Executive Order 96-03 for the protection of Missouri’s wetlands. 1.2.19 The Grantee agrees to obtain and comply with all relevant state and federal permits and licenses related to construction and operation of any development activity funded by CDBG Program. The Grantee agrees and understands that copies of those permits and licenses shall be made available to DED or HUD upon request. The Grantee acknowledges that a lack of any such applicable permit or license may restrict Grantee access to the Funding Assistance. 1.2.20 In the event that the Grantee has, in DED’s sole discretion, failed to comply with this Grant Agreement or any other CDBG program requirement, the Grantee shall perform any remedial actions determined appropriate by DED to correct the deficiency, which actions ma y include, but are not limited to: a.The Grantee’s repayment or reimbursement to the State or local CDBG Program fund (at DED’s discretion) of inappropriately used CDBG funds; b.The Grantee’s return to the State of CDBG Program funds deposited at the Grantee’s local financial institution; and c.The Grantee’s return to DED or the supplier of any equipment, materials, or supplies purchased or leased using CDBG Program funds. 1.2.21 Such actions shall be performed by the Grantee in the time period specified by DED in writi ng to the Grantee. DED may also refuse the Grantee’s requests for CDBG Program funds or take other actions as DED deems appropriate to ensure proper performance of the terms of this Grant Agreement and compliance with CDBG Program requirements. 1.2.22 DED may ter minate this Grant Agreement in whole or in part, at any time, including before Project completion, if it determines that the Grantee has failed to comply with the conditions of this Grant Agreement. DED shall notify the Grantee in writing of any such determination and the reasons for the termination, together with the effective date. The Grantee shall not obligate the Funding Assistance in any way after the effective date of the termination of the Grant Agreement, and it shall be the Grantee’s duty to take any and all legal 8 efforts to cancel any obligations outstanding with respect to the Funding Assistance upon termination. 1.2.23 The provisions of this Grant Agreement are binding upon each party’s successors and permitted assigns. 1.2.24 The Grantee agrees to assume all of the responsibilities for environmental review, decision making, and actions as specified and required in Section 104(g) of the Act, the National Environmental Policy Act of 1969, and in 24 CFR Part 58. 1.2.25 The Grantee agrees to comply with all applicable r equirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601), Sections 104(d), 104(k), and 105(a) (11) of the Act. 1.2.26 The Grantee agrees the use of CDBG Program funds for relocation activities must meet accessibility standards, provide reasonable accommodations to persons with disabilities, and take into consideration the functional needs of persons with disabilities in the relocation process. 1.2.27 The Grantee agrees to comply with the lea d-based paint hazard control laws and regulations specified in Title X of the Housing and Community Development Act of 1992, implementing regulations at 24 CFR Part 35, state statutes governing the licensing and conduct of persons addressing lead paint at Sections 701.300 through 701.349, RSMo, Work Practice Standards at 19 CSR 30-70, and OSHA regulations at 29 CFR Part 1926. 1.2.28 The Grantee agrees to comply with HUD's regulations implementing Section 3, at 24 CFR Part 75, as may be amended from time to time. T he regulations at 24 CFR Part 75 are applicable to projects for which assistance or funds are committed on or after July 1, 2021. 1.2.29 The Grantee agrees to comply with the stricter of the procurement requirements between applicable state and local laws and the CDBG program procurement policy, as set forth in the CDBG Administrative Manual. 1.2.30 If the Grant Award is for the CDBG Voluntary Buyout program, the Grantee agrees to the state’s guidelines for a voluntary buyout program, either funded in full or partially funded by CDBG funds. The guidelines must meet the minimum policy requirements for the CDBG Program. 9 1.2.31 If the Project is for the CDBG Voluntary Buyout program, the Grantee agrees that all real estate purchased in the name of the Project must have open space d eed restrictions in perpetuity. 1.2.32 The Grantee agrees to the state’s grievance and appeals policy handling incoming complaints, and includes a complaint escalation process in order to ensure that complaints are properly resolved. 1.2.33 The Grantee agrees to comply with affordability periods for housing assistance programs as stated in the most relevant Federal Registers and CDBG Program policy. 1.2.34 The Grantee hereby certifies that the Grantee will administer funded program activities in accordance with the Fair Housing Act and that the Grantee will affirmatively further fair housing. 1.2.35 The Grantee agrees to comply with federal labor standards requirements as defined in the Davis - Bacon Act, the Copeland Anti - Kickback Act, the Contract Work Hours and Safety Standards Act a nd the Missouri Prevailing Wage Law. 1.2.36 The Grantee agrees to comply with the requirements of the eVerify federal work authorization program as defined in Section 285.525(6), RSMo with respect to employees working in connection with the Project. 1.2.37 The Grantee a grees not to use the services of any contracting organization which is, or whose principals are, suspended or debarred from federal programs. 1.2.38 The Grantee agrees that any program income generated by the use of CDBG Program funds (including, but not limited to, sale of property acquired or constructed in whole or in part with CDBG Program funds) will be used for CDBG Program eligible activities that meet a HUD national objective, if approved by DED in its sole discretion, or else returned to DED. The Grantee also agrees that it will inform DED of the generation of any program income after the closing of the Project. Program income generated while the Project remains open and active must be used for CDBG-eligible costs prior to drawing additional CDBG Program funds for those costs. 1.2.39 The Grantee agrees to comply with the conflict of interest provisions specified in the CDBG Program Guidelines. 10 1.2.40 The Grantee agrees to comply with the Missouri CDBG Grantee Language Access Plan Guidance to develop and adopt a Language Access Plan in order to provide Limited English Proficient (“LEP”) persons with meaningful access to programs and activities funded by the federal government and awarded by DED. 1.2.41 The protection of Personally Identifiable Information (“PII”) data applies to all CDBG Program Grantees, subrecipients, and contracted agents. The Grantee agrees to implement PII protection as set forth in the CDBG Program PII Policy. The Grantee shall cause each such sub - recipient and contracted agent to execute the CDBG PII Policy and provide the executed copy to DED. Non -compliance may cause penalties for future grant awards. 1.2.42 The Grantee agrees that any and all amount of local funds or in -kind (force account) services or materials indicated in the attached Funding Approval form shall be equal to or greater than the amount indicated. 1.2.43 The Grantee agrees that any proposed activity budget variances (from the Funding Approval form) must be approved by DED in writing, in the sole discretion of DED, prior to an obligation of funds for such activity. Any desired variance shall be approved by the Grantee’s governing body in advance of such an obligation of funds. 1.2.44 The Grantee agrees to complete the Project in its entirety and as indicated in the Funding Approval form. 1.2.45 The Grantee agrees to comply with all legal or administrative requirements imposed by or described in the CDBG Program Administrative Manual and the CDBG Program Guidelines. The Grantee is aware that this includes, but is not limited to, the requirement that a grant recipient must repay to the State, upon sale of the CDBG Program- funded real property to a non-eligible entity, a pro-rata portion of the proceeds of the sale, as set forth in the CDBG Program Administrative Manual. Real property, acquired or improved in whole or in part with CDBG Program funds, must continue to meet the CDBG Program national objective for a period not less than five years from the date of Project closeout. 1.2.46 The Grantee agrees that upon Project completion, any CDBG Program funds remaining from the allocation indicated in the Funding Approval 11 form shall be returned to DED if they have been drawn to the Grantee’s local depository, or cancelled if such funds have not been drawn. 1.2.47 The Grantee agrees to comply with 2 CFR Part 200, which governs the auditing requirements of these grant monies in accordance with the Single Audit Act of 1984, as amended, and to provide DED with all required audits. The Catalog of Federal Domestic Assistance (“CFDA”) number for state CDBG Program grants is 14.228. 1.2.48 The Grantee shall obtain prior approval from DED before purchasing any equipment or motor vehicles under this Grant Agreement. 1.3 Duplication of Benefits: 1.3.1 The Grantee agrees to comply with the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. §§ 5121-5207), as amended, and the “necessary and reasonable” cost principles found in 24 CFR Part 570 and in OMB Circulars as they relate to the responsibility to recognize, investigate, determine, and account for any duplication of benefits for any project funded with CDBG or CDBG-DR Program funds in response to a disaster or emergency. The Grantee understands it may be subject to a demand for repayment to the DED for any amount of CDBG Program funding found to have duplicated another federal, state, or local program or private insurance. 1.3.2 The Grantee agrees to comply with the hierarchy of disaster assistance (as described in the Duplication of Benefits chapter of the CDBG Program Administrative Manual) and shall take all steps to ensure that CDBG Program funds a re not used in a manner that disrupts that hierarchy. Such a disruption that results in a duplication of benefits shall be cause for repayment of CDBG Program funds. 1.3.3 The Grantee agrees to gather and retain documentation to prove the avoidance of a duplication of benefits as part of the Grantee’s master files, and to make such proof available to DED or HUD staff as requested. Duplication of benefit records kept by the Grantee include all documents related to the Project, records for projects for whic h the Grantee may have sponsored an application on behalf of a sub - grantee, and all records related to each subrecipient or direct beneficiary of CDBG Program funds. 12 1.4 Payment Terms and Conditions: 1.4.1 Maximum Grant Amount: The Grant award amount under this Agreement is $2,000,000. This amount will not change unless an Amendment to the Grant is submitted and approved by DED. 1.4.2 Payment Methodology: The Grantee shall be reimbursed for actual, reasonable, and necessary costs based upon the Grant Budget, not to exceed the amount established in Section 1.4.1. The Grantee shall submit invoices prior to any reimbursement of allowable costs. 1.4.3 Travel Compensation: Reimbursement to the Grantee for travel, meals, or lodging shall be subject to amounts and limitations specified in the State Comprehensive Travel Regulations, as they are amended from time to time, and shall be contingent upon and limited by the Grant Budget amount for such costs. 1.5 Invoice Requirements: 1.5.1 The Grantee shall invoice DED no more than once monthly with all necessary supporting documentation, and present such to CDBG Program PO BOX 118 Jefferson City, MO 65102-118 1.5.2 Each invoice shall clearly and accurately detail all of the following required information (calculations must be extended and totaled correctly): a.Invoice/Reference Number (assigned by the Grantee); b.Invoice Date; c.Invoice Period (to which the reimbursement request is applicable); d.Grant Agreement Number (assigned by DED); e.Grantor: State of Missouri Department of Economic Development; f.Grantee Name; g.Grantee Remittance Address; h.Grantee Contact for Invoice Questions (name, phone, and fax, if available) i.Itemization of Reimbursement Requested for the Invoice Period detailing, at minimum, all of the following: The amount requested by Grant Budget line-item (including any travel expenditure reimbursement requested and for which 13 documentation and receipts, as required by State Comprehensive Travel Regulations, are attached to the invoice).  The amount reimbursed by Grant Budget line-item to date.  The total amount reimbursed under the Grant Agreement to date.  The total amount requested (all line-items) for the Invoice Period. 1.5.3 The Grantee understands and agrees: a. An invoice under this Grant Agreement shall include only reimbursement requests for actual, reasonable, and necessary expenditures required in the delivery of service described by this Grant Agreement and shall be subject to the Grant Budget and any other provision of this Grant Agreement rela ting to allowable reimbursements; b. An invoice under this Grant Agreement shall not include any reimbursement request for future expenditures; and c. An invoice under this Grant Agreement shall initiate the timeframe for reimbursement only when the State is in receipt of the invoice, and the invoice meets the minimum requirements of this Grant Agreement. 1.6 Disbursement: 1.6.1 Disbursement Reconciliation: The Grantee shall submit a final invoice and a grant distribution reconciliation report no later than 60 days of the Expenditure Deadline as set forth in Section 1.1.4.3 in form and substance reasonably acceptable to DED. 1.6.2 If total disbursements to the Grantee pursuant to this Grant Agreement exceed the amount permitted, the Grantee shall refund the difference to the State. The Grantee shall submit the refund with the final grant disbursement reconciliation report. 1.6.3 DED shall not be responsible for the payment of any invoice submitted to DED after the grant disbursement reconciliation report. Any Grantee costs submitted for reimbursement after the grant disbursement reconciliation report will not be paid. 1.6.4 The Grantee’s failure to provide a final grant disbursement reconciliation report to DED as required by this Grant Agreement shall result in the Grantee being deemed ineligible for reimbursement under this Grant 14 Agreement, and the Grantee shall be required to refund any and all payments by pursuant to this Grant Agreement. 1.7 Other Requirements: 1.7.1 The Grantee must close out its accounting records with respect to each federal grant source in Section 9 of the Funding Approval form at the end of the applicable Expenditure Deadline in such a way that reimbursable expenditures and revenue collections are not carried forward. 1.7.2 Indirect Cost: Should the Grantee request reimbursement for indirect costs, the Grantee must submit to DED a copy of the indirect cost rate approved by the cognizant federal agency or the cognizant state agency, as applicable. The Grantee will be reimbursed for indirect costs in accordance with the approved indirect cost rate and amounts and limitations specified in the attached Grantee project budget. Once the Grantee makes an election and treats a given cost as direct or indirect, it must apply that treatment consistently and may not change. Any changes in the approved indirect cost rate mu st have prior approval of the cognizant federal agency or the cognizant state agency, as applicable. If the indirect cost rate is provisional, once the rate become final, the Grantee agrees to remit any overpayment of funds to the State, and subject to the availability of funds DED agrees to remit any underpayment to the Grantee. 1.7.3 Cost Allocation: If any part of the costs to be reimbursed under this Grant Agreement are joint costs involving allocation to more than one program or activity, such costs shall be allocated and reported in accordance with the provisions of this Grant Agreement. 1.7.4 Payment of Invoice: A payment by DED shall not prejudice DED’s right to object to or question any reimbursement, invoice, or related matter. A payment by DED shall not be co nstrued as acceptance of any part of the work or service provided or as approval of any amount as an allowable cost. 1.7.5 Non-Allowable Costs: Any amounts payable to the Grantee shall be subject to reduction for amounts included in any invoice or payment that are determined by DED, on the basis of audits or monitoring conducted in accordance with the terms of this Grant Agreement, to constitute unallowable costs. 15 1.7.6 State’s Right to Set Off: DED reserves the right to set off or deduct from amounts that are or shall become due and payable to the Grantee under this Grant Agreement or under any other agreement between the Grantee and the State of Missouri under which the Grantee has a right to receive payment from the State. 1.7.7 Prerequisite Documentation: The Grantee shal l not invoice DED under this Grant Agreement until the Grantee has completed, signed, and returned the DED-provided W-9 form. The taxpayer identification number on the W-9 form must be the same as the Grantee’s Federal Employer Identification Number or Social Security Number referenced in the Grantee’s Edison registration information. SECTION 2: SCOPE OF SERVICES AND DELIVERABLES 2.1 Scope of Work: 2.1.1 The Grantee shall provide the scope of work and deliverables (or “Scope”) as required, described, and detailed in this Grant Agreement. 2.1.2 The Grantee shall utilize funds for activities in accordance with the description of the project in the State of Missouri’s approved application. 2.1.3 The Grantee shall adhere to the scope of work defined in Section 10 of the CDBG Program Funding Approval form. 2.2 Reporting: 2.2.1 Final report documents to be completed by the Grantee shall appear on DED’s website. 2.3 Audit Report: 2.3.1 In accordance with all applicable Federal and State laws, the Grantee shall be subject to being audited under such provisions. The Grantee will provided all required Audit documentation within the deadline required by the law. 2.3.2 A copy of such Missouri audit report shall be provided to DED by a licensed, independent public accountant. Audit reports shall be made available to the public. 16 2.3.3 The Grantee agrees to comply with the Statement of Assurances, attached to this Grant Agreement, and with the State’s CDBG Program Administrative Manual for the program year . 2.4 Pre-Award Requirements: 2.4.1 Federal Pre-Award Authority: The parties acknowledge that DED has the power to expend funds under this Grant Agreement in accordance with applicable federal pre-award authority. Federal pre-award authority is a system under which recipients of federal grant money may incur certain project costs before the final approval of a federal grant and may retain eligibility for subsequent reimbursement after grant approval. The payment obligations of this Grant Agreement may be predicated wholly or in part on DED’s exercise of federal pre-award authority. By accepting the terms of this Grant Agreement, the Grantee acknowledges the following: a. With regard to the Grantee’s activities prior to the effective date of this Grant Agreement, only those activities which meet all of the following requirements may be considered for reimbursement:  Activities that are reasonably related to the Scope of Services;  Activities in whose absence the Scope of Services could not be completed or performed; and  Activities that meet the relevant federal agency’s requirements for reimbursement under federal pre-award authority. 2.4.2 The Grantee understands the federal pre-award authority system and its relation to this Grant Agreement. 2.4.3 Pre-award authority is not a legal or implied commitment that the work contemplated in this Grant Agreement will be approved for federal assistance nor that will a federal agency obligate funds. Furthermore, it is not a legal or implied commitment that all items undertaken by the Grantee will be eligible for inclusion in a federally funded project. 2.4.4 It is the Grantee’s responsibility to ensure its own compliance with the policies and requirements of the relevant federal agency with regard to the goods or services contemplated in this Grant Agreement. The Grantee assumes all risk and is responsible for ensuring that all conditions are met to retain eligibility for federal reimbursement via grant. 17 2.4.5 To the extent that this Grant Agreement is funded through federal pre - award authority, DED’s obligations of this Grant Agreement shall be void in the event that any of the following occur: a. The Grantee fails to comply with the relevant federal agency’s policies and regulations; b. The relevant federal agency fails or refuses to finalize a grant; or c. The relevant federal agency refuses to reimburse specific expenses incurred under pre- award authority. 2.4.6 For Disaster Recovery grant funds, the State’s federal pre-award authority is applicable to the event date of the presidentially declared disaster event. SECTION 3: TERMS AND CONDITIONS 3.1 State and Federal Compliance: 3.1.1 The Grantee shall comply with all applicable state and federal laws and regulations in the performance of this Grant Agreement. 3.2 Standard Terms and Conditions: 3.2.1 Required Approvals: DED is not bound by this Grant Agreement until it is signed by all parties and approved by appropriate officials in accordance with applicable Missouri laws and regulations. 3.2.2 Modification and Amendment: This Grant Agreement may be modified only by a written amendment signed by all parties. 3.2.3 Nondiscrimination: The Grantee hereby agr ees, warrants, and assures that no person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of this Grant Agreement or in the employment practices of the Grantee on the grounds of handicap, disability, age, race, color, religion, sex, national origin, or any other classification protected by applicable federal, Missouri, constitutional, or statutory law. The Grantee shall, upon request, show proof of nondiscriminatory practices as required or described by DED and HUD, and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination. 18 3.2.4 Public Notice: All notices, informational pamphlets, press releases, research reports, signs, and similar p ublic notices prepared and released by the Grantee in relation to this Grant Agreement shall include the statement, “This project is funded under a grant contract with the State of Missouri.” All notices by the Grantee in relation to this Grant Agreement must be approved by DED before dissemination. 3.2.5 Licensure: The Grantee, its employees, and any subcontractor shall be licensed pursuant to all applicable federal, state, and local laws, ordinances, rules, and regulations and shall upon request provide proof of all such licenses. 3.2.6 Strict Performance: Failure by any party to this Grant Agreement to insist in any one or more cases upon the strict performance of any of the terms, covenants, conditions, or provisions shall not be construed as a waiver of its right to strict performance of the same in any later circumstance. 3.2.7 Independent Contractor: The parties shall not act as employees, partners, or associates of one another in the performance of this Grant Agreement. The parties acknowledge that they are independe nt contracting entities and that nothing in this Grant Agreement shall be construed to create a principal/agent relationship or to allow either to exercise control or direction over the manner or method by which the other transacts its business affairs or provides its usual services. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purpose whatsoever. 3.2.8 DED shall have no liability to Grantee relating to the project, except as specifically provided in this Grant Agreement. 3.2.9 Force Majeure: “Force Majeure Event” means fire, flood, earthquake, elements of nature or acts of God, wars, riots, civil disorders, rebellions or revolutions, acts of terrorism, or any other similar cause beyon d the reasonable control of a party, except a strike, lockout or labor dispute. Any failure or delay by a party in the performance of any obligation under this Grant Agreement arising from a Force Majeure Event is not a default under this Grant Agreement o r grounds for termination, so long as such party is exercising its reasonable best efforts to meet such obligation and only for as long as the Force Majeure Event continues. 19 Grantee will promptly notify the State in writing of any failure or delay caused b y a Force Majeure Event within one day of the inception of the Force Majeure Event and will describe in reasonable detail the nature of the Force Majeure Event. 3.2.10 If any Force Majeure Event results in a delay in Grantee’s performance longer than forty- eigh t hours, DED may, upon notice to Grantee, cease payment of Funding Assistance amounts related to administrative costs until Grantee resumes performance of the affected obligations, or may immediately terminate this Grant Agreement or any purchase order, in whole or part, without further payment except for amounts then due and payable. 3.3 Subcontracting: 3.3.1 The Grantee shall not assign this Grant Agreement or enter into a subcontract for any of the services performed under this Grant Agreement without obtaining the prior written approval of DED, in DED’s sole discretion. If such subcontracts are approved by DED, each shall contain, at a minimum, sections of this Grant Agreement pertaining to “Conflicts of Interest,” “Lobbying,” “Nondiscrimination,” and “Public Notice” (as identified by the section and paragraph headings). Notwithstanding any use of approved subcontractors, the Grantee shall remain ultimately responsible for all work performed. 3.4 Conflicts of Interest: 3.4.1 The Grantee warrants that no part of the Funding Assistance shall be paid directly or indirectly to an employee or official of the State of Missouri as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Grantee in connection with any w ork contemplated or performed relative to this Grant Agreement. 3.5 Lobbying: 3.5.1 The Grantee certifies, to the best of its knowledge and belief, that: a. No federally appropriated funds have been paid or will be paid, by or on behalf of the Grantee, to any person for influencing or attempting to influence an officer or employee of a federal agency, a Member of Congress, an officer or employee of Congress, o r an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any 20 federal loan, the entering into of any cooperative agreement, or the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. b. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any f ederal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this contract, grant, loan, or cooperative agreement, the Grantee shall complete and submit Standard Form-LLL, “Disclosure of Lobbying Activities,” in accordance with its instructions. c. The Grantee shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub - recipients shall certify and disclose accordingly. 3.6 Communications and Contacts: 3.6.1 All instructions, notices, consents, demands, or other communications required or contemplated by this Grant Agreement shall be in writing and addressed to the respective party as set below: CDBG: CDBG Program PO Box 118 Jefferson City, MO 65102-0118 Email: MoCDBG@ded.mo.gov Grantee: City of Jefferson 320 E. Mc Carty Street Jefferson City, MO 65101 Email: ctergin@jeffersoncitymo.gov 3.6.2 Notwithstanding any other provision of this Grant Agreement which would otherwise require a contractual amendment, any substitute or additional contact information may be unilaterally effected upon written notice to each other party. 21 3.6.3 All instructions, notices, consents, demands, or other communications shall be considered effectively given upon receipt or recipient confirmation, whichever occurs first. 3.7 Funds Availability: 3.7.1 The Funding Assistance is subject to the appropriation and availability of State or Federal funds. In the event that funds are not appropriated or are otherwise unavailable or insufficient, DED reserves the right to terminate this Grant Agreement upon written notice to the Grantee. DED’s termination of this Grant Agreement due to lack of funds is not a breach of this Grant Agreement. Upon receipt of such written notice, the Grantee shall cease all work associated with the Grant Agreement. Should such an event occur, the Grantee shall be entitled to compensation for all satisfactory and authorized services completed as of the termination date and to the extent of appropriations. Upon such termination, the Grantee shall have no right to recover from DED any actual, general, special, incidental, consequential, or any o ther damages whatsoever of any description or amount. 3.8 Closeout Funds and Outstanding Loans: 3.8.1 The Grantee must have a system to ensure the timely transfer of program income (within the meaning of 24 C.F.R. Part 570) returned to the Grantee, as well as the ti mely transfer of outstanding loans or accounts receivable. 3.9 Documentation and Record Keeping: 3.9.1 Records to be Maintained: Grantee shall cause each sub -recipient to establish and maintain records sufficient to enable the Grantee to: a. Determine whether the sub -recipient has complied with applicable federal statutes and regulations, as well as the terms and conditions of the Grantee’s federal award; and b. Satisfy recordkeeping requirements applicable to the Grantee. These records include the records described in Sec tion 2 of this agreement, Scope of Services and Deliverables. 3.9.2 The Grantee should also specify the particular records or form of records that each sub- recipient must maintain in order meet recordkeeping requirements imposed by federal statute, regulation, and the terms and conditions of the Grantee’s federal award, and to assist the Grantee in 22 meeting its recordkeeping and reporting requirements. Such records may include, but are not limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; Records required to determine the eligibility of activities; c. Records required to document the acquisition, improvement, use, or disposition of real property acquired or improved with CDBG assistance; d. Records documenting compliance with the fair housing and equal opportunity requirements of the CDBG regulations; e. Financial records as required by 24 CFR 570.502, and 2 CFR Part 200, including records necessary to demonstrate compliance with all applicable procurement requirements; and f. Other records necessary to document compliance with this Grant Agreement, any other applicable federal statutes and regulations, and the terms and conditions of Grantee’s federal award. 3.10 Record Retention and Transmission of Records to the Grantee: 3.10.1 Prior to closeout of the Project, Grantee shall cause each subrecipient to transmit to the Grantee records sufficient for the Grantee to demonstrate that all costs under this Grant Agreement met the requirements of the federal award. 3.11 Electronic Submission to the Federal Au dit Clearinghouse: The Grantee must show that it has a system to electronically submit to the Federal Audit Clearinghouse the data collection form described in 2 CFR 200.512(b) and reporting package described in 2 CFR 200.512(c) within the earlier of 30 ca lendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. 3.12 Procurement: 3.12.1 If other terms of this Grant Agreement allow reimbursement for the cost of goods, materials, supplies, equipment, motor vehicles, or contra cted services, procurements by the Grantee shall be in accordance with section 1. For each procurement for which reimbursement is paid under this Grant Agreement, the Grantee shall document the competitive 23 procurement method. Notwithstanding the previous s entence, in each instance when use of a competitive procurement method is not practicable nor required by section 1, Grantee must maintain a written justification for the use of a non-competitive procurement. Non - competitive procurement methods must be app roved by DED. 3.12.2 Charges to Service Recipients Prohibited: The Grantee shall not collect any amount in the form of fees or reimbursements from the recipients of any service provided pursuant to this Grant Agreement. 3.13 Governing Law: 3.13.1 This Grant Agreement shall b e governed by and construed in accordance with the laws of the State of Missouri. The Grantee agrees that it will be subject to the exclusive jurisdiction of the courts of the State of Missouri in actions that may arise under this Grant Agreement. The Grantee acknowledges and agrees that any rights or claims against DED or its employees hereunder, and any remedies arising there from, shall be subject to and limited to those right and remedies allowable at law, if any. The Grantee hereby waives its right to pursue any equitable remedies related to this Grant Agreement. 3.14 Completeness: 3.14.1 This Grant Agreeme nt contains the entire understanding between the parties relating to the subject matter contained herein, including all the terms and conditions agreed to by the parties. This Grant Agreement supersedes any and all prior understandings, representations, negotiations, or agreements between the parties, whether written or oral. 3.15 Severability: 3.15.1 If any term or provision of this Grant Agreement is held to be invalid or unenforceable as a matter of law, the other terms and conditions cannot be affected and shall remain in full force and effect. To this end, the terms and conditions of this Grant Agreement are declared severable. 3.16 Debarment and Suspension: 3.16.1 The Grantee certifies, to the best of its knowledge and belief, that it, its current principals, its current subcontractors, and each of their principals: 24 a. Are not presently debarred, suspended, proposed for debarment, and declared ineligible, or voluntarily excluded from c overed transactions by any federal or state department or agency. b. Have not within a three year period preceding this Grant Agreement been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offence in connectio n with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or grant, violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of record s, making false statements, or receiving stolen property. c. Are not presently indicated or otherwise criminally or civilly charged by a government entity (federal, state, or local) with commission of any of the offenses detailed in the paragraph immediately above; and d. Have not within a three year period preceding this Grant Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. 3.16.2 The Grantee shall provide immediate written notice to DED if at any time it learns of a material change in circumstances which would prevent it from making anew the certification in Section 3.16.1. 3.17 Equal Participation of Faith -Based Organizations: 3.17.1 The Grantee agrees to comply with all federal regulations issued pursuant to Equal participation of faith-based organizations in CDBG programs and activities under 24 CFR § 5.109. 3.18 Outsourcing, Use of Third Parties and Contract Staff for Administrative Support 3.18.1 The Grantee may engage an unrelated third party (Outsource) to provide administrative support for the grant but agrees that the Grantee retains the ultimate responsibility for grant management including but not limited to; oversight, policy development, monitoring, internal auditing, and financial management. This includes the use of contract staff to supplement Grantee activities such as; oversight, policy development, monitoring, internal auditing, and financial management. (Pub. L. 115–56) 25 IN WITNESS WHEREOF, the parties hereto have made and executed this Grant Agreement as of the day and year indicated on the first page. State of Missouri Department of Economic Development By: _______________________________ ___________________________ Christina Carver , Division Director Date signed Business and Community Solutions Grantee City of J efferson Missouri: By: _______________________________ ___________________________ Signature Printed Name _______________________________ ___________________________ Printed Title Date (City Mayor, Village Board Chairman, or Presiding County Commissioner) Attest: __________________________________ ______________________________ Signature Printed name _______________________________ ______________________________ Printed Title Date (City, Village, County Clerk, or other official of the Grantee) Note: The Grantee’s seal must be affixed over the Grantee’s signatures. If no such seal exists, it must be properly notarized. One copy with original and printed signatures is required. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item E SUBJECT: Awarding the Bid for Paving Materials to Capitol Materials and Christensen Brothers Asphalt DATE CONSIDERED: June 6, 2022 DEPARTMENT DIRECTOR(S): _ _____,/ft..:....~!Wlrlht..::....:M~1J%_f. . ..:...:..%rz.-::>!t;---:(='---------- CITY ADMINISTRATOR: Jz~-'-;~~ This Consent Agenda item would award the bid for paving materials to both Capitol Materials of Jefferson City, MO and Christensen Brothers Asphalt of Columbia, MO for paving materials for all City departments. All materials will be requested on an as needed basis. The five-year average spend on this item is $39,206. The bid total is being set at $50 ,000 . Funds will come from Account No. 10-542-515020-Street Materials-Public Works- General Fund . FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB4040 -Paving Materials All City, Opened May 19 ,2022 RECOMMENDATION: Staff recommends the award of bid IFB404040 to both Capital Materials of Jefferson City, MO and Christensen Brothers Asphalt of Columbia, MO for paving materials for all City departments with the primary user being Public Works Department. All materials will be requested on an as needed basis only. It is currently unknown how much the City will spend on paving materials . Over the past five years, the City's average spend has been a ppro x imatel y $39,206 with the low at $27,716 and the high at $76,598. BIDS RECEIVED: -, -~ Christensen Brothers Bid Item ;, Capital Materials Asphalt Bituminous Pavement-BP-1 $68 per ton $68 per ton Bituminous Pavement-BP-2 $68 per ton $68 per ton Black Base per City Specification $67 per ton No Bid Cold Mix $95 per ton No Bid Ultimate Paving Material No Bid $138 per ton This bid was advertised in the News Tribune on 05 /01 /2022 and posted on Bonfire. Bid notifi cations were sent to 25 vendors. FISCAL NOTE: ' Expended or Account Number Description FY 2022 Budget Encumbered Bid Amount Balance ~ Amount Street Materials- 10-542-515020 Public Works-General $225,000 .00 $144,202.07 $50,000 $30,797.93 Fund Bid Total $50,000.00 PAST PERFORMANCE The vendors have satisfactorily provided materials as specified and bid during previous years. ATTACHMENTS-SUPPORTING DOCUMENTATION Yaughan, Craig From: Sent: To: Cc: Subject: Attachments: Smith, Britt Friday, May 20, 2022 12:14 PM Vaughan, Craig; Rackers, Russ Haslag, Angela RE: Paving Materials Paving Materials_Bid Tab.xlsx We would like to accept all bids. Britt E. Smith, PE, F.NSPE Operation Division Director Department of Public Works Jefferson City, Missouri 5 73-634-6450 bsmith@jeffersoncitvmo.gov From: Vaughan, Craig <CVaughan@jeffersoncitymo.gov> Sent: Friday, May 20, 2022 11:40 AM To: Smith, Britt <BSmith@jeffersoncitymo.gov> Cc: Haslag, Angela <AHaslag@jeffersoncitymo.gov> Subject: Paving Materials I have attached the bid tab for paving materials. All other information can be found in Bonfire. Please review and advise of award. Craig Vaughan Purchasing Technician Tel: 573-634-6324 Fax: 573-634-6329 City of Jefferson 1 Bid Tabulation-IFB4040-Paving Materials Opened May 19, 2022 Capital Christensen Materials, LLC Asphalt Unit Quantity of Total Total Items Required Measure Cost Cost Bituminous Price per #0-1 Pavement-BP-1 1 Ton $68 $68 Bituminous Price per #0-2 Pavement-BP-1 1 Ton $68 $68 Black Base per City Price per #0-3 Specification 1 Ton $67 No Bid Price per #0-4 Cold Mix 1 Ton $95 No Bid Ultimate Paving Price per #0-5 Material 1 Ton No Bid $138 BILL SUMMARY BILL NO: 2022-011 SPONSOR: Councilmember Fitzwater SUBJECT: A Construction Contract with Corrective Asphalt Materials for the 2022 Street Seal Coating Project. Project No. 32179 Staff Recommendation: Approve. Summary: When approved, this bill will authorize a contract with Corrective Asphalt Materials in the amount of $93,989.20 for the 2022 Seal Coating Project. Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J. MORASCH, P.E./Britt E. Smith, P.E. Background Information: This bill would authorize an agreement with Corrective Asphalt Materials of South Roxana, Illinois to complete the seal coating portion of our annual street maintenance program. The list of streets in this year's project were discussed and approval recommended by the Public Works and Planning Committee at their May meeting. Fiscal Information: I Account I Available Required Remaininq I 45-990-577031 I $526 ,106.09 $93 ,989 .20 $432,116 .80 BILL NO . 2022-011 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH CORRECTIVE ASPHALT MATERIALS, IN THE AMOUNT OF $93,989.20 FOR THE 2022 STREET SEAL COATING PROJECT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1. Authorize the Mayor and City Clerk to execute a construction contract with Corrective Asphalt Materials in the amount of $93,989 .2 0 for the 2022 Street Seal Coating project. Section ~-The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section ~-This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ------------Approved : ________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk City ~ FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Coop erative Procurement-City of Moberly for Reclamite Seal Public Works-Street Division-Opened February 15, 2022 by City of Moberly RECOMMENDATION: Staff recommends utilizing Corrective Asphalt Materials from South Roxana, Illinois to apply pavement seal coating to roads in Jefferson City. These services were competitive ly bid and advertised by the City of Moberly in February of this year. Corrective Asphalt Materials was the only bidder that bid reclamite. Their bid specifications included cooperative procurement language to allow any municipality or county within the State of Missouri to use the contract under the same terms. The City of Jefferson plans to have the reclamite pavement seal coating applied to 98,936 square yards of roads for a total cost of$93,989.20. BIDDERS: Corrective Asphalt Materials, South Roxana, IL FISCAL NOTE: Account Number Description FY 2022 Budget Street Resurfacing-Public Total Bid $0.95 SY Expended or Encumbered Bid Amount Amount Balance 45-990-577031 Works-Sales Ta x G $526,106.09 $12,423.00 $93,989.20 $419,693.89 Bid Total $93,989.20 PAST PERFORMANCE: The City has utilized Corrective Asphalt Materials for the last two years and the vendo r has provided products and services satisfactorily to the Department. ATTACHMENTS-SUPPORTING DOCUMENTATION City or ,~;oifixr<P:!iJ/trrip f .: - Reclamite SeaPift Est. sq. yd. 50.000sg. yd. Restorative Seal * Est. sq. yd. 20.000 sq. yd. Company Name: BID SHEET Unit Price$ $0.03/sy R esi dent Notifications t~-.:-e.-e. C...e."'-h) $0.05/sy Street Sweeping ( y.·,v e. <--e."-I.e ':>) Unit Price$ {O M-\) o\\(...,-C..;:..C 1.35 ~'("'<""\y"'~ t.c~/sq. yd. $0.03/s y Resident Notification s l~"-..-~<!. c.-e">r-;,) $0.07/sy Street Sweeping ("::>we.,....._ c e.M'::>) ~ss= e£.*· .. ...ri_ ~ S ~ he. \\-\"<\<A~-:-=~~\:::,, U-L Signature: ---~------"'7/t----'--/# ______ _ **Please Note·-Contact Tim Grimsley, Pub . Works Supt. to schedule/coordinate work. )!O}J~ S-ine -{ Jrnpf7)ven/7tn -l~ CITY OF MOBERLY j!}f-1n'1 "BI D OPENING" (J;e f' $ &1.-~J--- $ -1 .1S $ ____________________ __ $ ____________________ __ $ ____________________ __ $ ____________________ __ $ ____________________ __ $ ____________________ __ $ ____________________ __ $ ____________________ __ $ ____________________ __ $ ____________________ __ $----------~---------- $ ____________________ __ CITY OF JEFFERSON CONTRACT FOR CONSTRUCTION SERVICES TIHS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and Corrective Asphalt Materials, L.L.C., hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies for the following City improvements: 2022 Street Seal Coat Project. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope ofServiees. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the 2022 Street Seal Coat Project, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Pavment. The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Parks and Recreation Department, and in accordance with the rates and/or amounts stated in the bid of Contractor dated May 5, 2022, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Ninety-Three Thousand Nine Hundred Eighty-Nine Dollars and Twenty Cents ($93,989.20). 3. Manner and Time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws within sixty ( 60) days from the date last executed by a party as indicated below. 4. Prevailing Wages. Contractor represents that the work performed under this contract is "maintenance" and therefore not subject to the payment of prevailing wage under Missouri law. Pursuant to this representation, Contractor agrees to defend, hold harmless, and indemnify the City from any claim, cause of action, loss, damage, penalty, fine, or judgment reasonably related to City's reliance on Contractor representation stated herein. This duty to defend, hold harmless, and indemnify shall be in addition to any other similar obligation or liability set forth or created under this contract. 5. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. D. Owner's Protective Liabilitv Insurance. The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City and the City as the insured, in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. Such policy shall not be required if the City of Jefferson is endorsed as an additional insured under the policies described in Sub-paragraphs B and C above and such are not subject to cancellation or modification without thirty (30) days' notice to the City. E. Subcontracts. In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Sub-paragraphs A, B, and C hereof and in like amounts. F. Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs 8 and C hereof shall provide adequate protection for Contractor and its subcontracts, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph F is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the tenns herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Liquidated Damages. The City may deduct Two Hundred Dollars ($200.00) from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will ensure the completion by the time above specified, or any eXtension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 2 8. Termination. The City reserves the right to tenninate this contract by giving at least five (S) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 9. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 10. Indemnity. To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 11. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done and for all the materials used in the construction of the work to be completed pursuant to this contract. 12. Supplies. Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062, RSMo 1986 as amended. 13. Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced, and no later than ten ( 1 0) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 14. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein. 3 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorneys' fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract d. Notice to Bidders b. Addenda e. Signed Copy of Bid c. Information for Bidders f. Drawing and/or Sketches This contract and the other documents enumerated in this paragraph, form the contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document, including those documents described in the section entitled "Contract Documents", represent the full and complete understanding of the parties. This contract includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys' fees, expenses and costs. 20. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 21. Waiver of Breach. Failure to insist upon strict compliance with any of the tenns, covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. ll. Assignment. Neither party may sell or assign its rights or responsibilities under the tenns of this agreement without the express consent of the remaining party. 23. Nondiscrimioatioo. Contractor agrees in the performance of this contract not to discriminate on the grounds of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any 4 employee of Contractor or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. 24. DJegallmmigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affmn its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance ofthe Notice to Proceed. 25. Construction Safety Program Requirements. a. Contractor shall require all on-site employees to complete the ten-hour safety training program required pursuant to Section 292.675 RSMo, if they have not previously completed the program and have documentation of having done so. All employees working on the project are required to complete the program within sixty (60) days of beginning work on the Project. b. Any employee found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penaJty to City Two Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($1 00.00) for each employee employed by Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount due Contractor under this Contract, all sums and amounts due and owing City as a result of any violation of this section. 26. Notices. All notices required or pennitted herein under and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 65101 If to the Contractor: Corrective Asphalt Materials, LLC Attn: Colleen West 300 Daniel Boone Trail South Roxana, n... 62087 [Signatures to Follow on Next Page] 5 CITY OF .JEFFERSON, MISSOURJ Carrie Te rg in. Ma yo r Dale: ___ _ ATrEST: C ity C lerk A PPROVED AS TO FORM: Citrd2 CORRECTIVE ASPHALT MATERIALS ]l_eiL: ~ "Y:>~ Tille: '\1'1'C..."c.. Dare: s=\ z...')\ ~1..-- ATTEST: 6 orr ec ti ve spha lt ateri als May 5, 20 22 Br itt E. Smith, PE , F.NSPE O peration Divisi on Direct o r Department o f Public Wor ks Jefferson Ci ty, Missouri 573-634 -6450 bsmit h@jefferso n citvmo.gov Dear Br itt Mail ing Address: Exhibit A 300 Da niel Boone Tr ail S ou th Roxan a, IL 6208 7 Phone: 61 8 -254 -3 855 Fax: 61 8-254 -2200 Locations: 300 D an iel Boon e Trai l , South Roxana, IL 62087 43W630 Wheel er Road . Sugar Grove, IL 60 554 Corrective As ph alt Ma teria ls , LLC, (CAM) thanks yo u fo r t he opportunity to assist i n the City of Jeffe rson City road mai n t en an ce program . Plea se acc ep t t he follo wi ng as our forma l proposal t o ap ply Reclamite M altene Bas ed Rejuvenati ng Agent t o se l ected asphal t pavement. • Apply Reclamite to 98,936 SY of sel ected asphalt pavement per the specificati ons set forth in the Moberly Cooperative agreement • CAM's res ponsibilities: o Furnish and appl y Reclamite o Fu rnish and apply lim e screen i ngs o All traffic control and signs related to project o Hand le a ny complaints or is su e.s that may arise from application • U nit Price Reclnmitc: S0.95 SY • Total Price $93,989.20 .. City to do all resident notifications and all street sweeping .. M i ke Sumr<JII, Operat i ons Manager will be contacti ng you to schedul e the project. Info : mike@c<J mmid w est .com, Cell: 630-465·4142 Billing Information (plea se fill ou t upon acce pta nc e) Name:------------ Phone Nu mber:--------- Again, t hank you for the opportunity. We look forward to providing our profes~ionaf.setvlces. Sincerely, Michael Sumrall Operati ons Manage r APPROV ED BY: Sign haps://corre ct iv easphal t.c om _ Colleen West Ousi ness Development Date Reli ~ble , Effic ient ~phaft ~reservati.,:::.on=-=------' BILL SUMMARY BILL NO: 2022-012 SPONSOR: Councilmember Fitzwater SUBJECT: A Construction Contract with Donelson Construction Company. LLC for the 2022 Micro Surfacing , Project No . 32178 DATE INTRODUCED: June 6 . 2022 / DEPARTMENT DIRECTOR(S)::;;---__,~..l.Ll<....--r-....:........,-~--+-L_-==-· _____ _ CITY ADMINISTRATOR:---'II!!!fLL:.::::::::::=--L..i::£=.'£2~----------- Staff Recommendation: Approve . Summary: When approved , this bill will authorize a contract with , Donelson Construction Company, LLC in the amount of $202,735.57 for the 2022 Micro Surfacing project. Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE : MATIHEW J . MORASCH , P.E ./David Bange , P .E . Background Information: The City is looking to mainta i n the integrity of our aspha lt streets by treating them with "PressurePave" pavement/crack f illing products . Th is contract will make use of the cooperative procurement agreement that was approved by Greene County . We plan for the "PressurePave " product to be applied to 25 ,624 square yards of street for a total cost of $202 ,735.57 . Funding for this proje ct will come from the Street Resurfacing account of Sales ta x G. Fiscal Information: Account Available Requ ired Remaining 45-990-577031 $419 ,696 .09 $202 ,735 .57 $216 ,960.5 2 BILL NO. 2022-012 SPONSORED BY Councilmember Fitzwater ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH DONELSON CONSTRUCTION COMPANY, LLC , IN THE AMOUNT OF $202 ,735 .57 FOR THE 2022 MICRO SURFACING PROJECT. WHEREAS, Donelson Construction Company , LLC through cooperative procurement has become the apparent lowest and best bidder on the 2022 Micro Surfacing project; NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1. Donelson Construction Company, LLC through the cooperative procurement process is hereby accepted for the 2022 Micro Surfacing project. Section ~-The Mayor and City Clerk are hereby authorized to execute an agreement with Donelson Construction Company, LLC for the 2022 Micro Surfacing project. Section ~-The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 1. This Ord inance shall be in full force and effect from and after the date of its passage and approval. Passed : __________ _ Approved : _______ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : C ity Clerk FINANCE DEPARTMENT PURCHASING DIVISION SUB JECT: Cooperative Procurement/Sole Source -County of Greene for PressurePave Public Works-Street Division-Awarded 113 /2 0 17 and amended 4118 /2022 by Greene County RECOMMENDATION: Staff recommends utilizing Donelson Construction Company from Clever, Missouri to apply their "PressurePave" pavement/crack fi ll ing p roducts to roads in Jefferson City. These services were deemed a so le source and advert ised by the County of Greene in January of 2017 and approved as a sole source/cooperative procurement by City Council on August 2, 2021. The contract has been amended and has been ex tended u ntil December 31, 2022. Their bid specifications included cooperative procurement language to allow an y municipality or county w ithin the State of Missouri to use the contract under th e same terms. The City of Jefferson plans to have th e PressurePave seal coati ng applied to 25,624 square yard s of road s for a total cost of $202,735.57. BIDDERS: Donelson Construction Company, Clever, MO FISCAL NOTE: Account Number Descri ption FY 2022 Budget Street Res urfacing- 45-990-577031 Pu b li c Wo r ks-Sa les Tax G $526,106.09 Total Bid $1.25 per sy -PressurePave $5 .53 per sy-MAQS-2 Scratch $5 .53 per sy-MAQS -2 Ex p ende d o r Encumbe r e d Bid Amount Balance Amount $102,412.20* $202,735.57 $216,958.32 Bid Tota l *Includes the $93,989.20 to be enc umbered with Conecti ve Asphalt if approved by City Council PAST PERFORMANCE: The City has uti lized Donelson Construction Company, LLC last year and the vendor has provided products and services sati sfactorily to the Department. ATTACHMENTS-SUPPORTING DOCUMENTATION OFFICE OF THE PURCHASING DIRECTOR 1443 N. ROBB.ER$0N AVE .• SUITE 1 000, SPRINGFIELD. MO 65802 BOB DIXON RUSTY MACLACHLAN JOHN C. RUSSELL PRESIDING COMMISSIONER COMMISSIONER, t • DJSTRlCT COMMISSIONER, 2-D1STRtCT CONTRACT#: 18-0718 CONTACT: TamiGnMme TITLE: Modified Aggregate Quick Set (MAQS) PHONE: (417)888-4018 AMENDMENT ISSUE DATE: 04-13-a22 E-MAIL: TGN8118fJgreenecountymo.gov AMENDMENT NUMBER 7 TO AGREEMENT FOR CONTRACT SERVICES Thts Amendment Number 7 to Agreement for Contract Sefvfces (the •Seventh Amendment) Is made and entered Into as of Aprl13, 2022 by and between the County of Greene. ("County") and Donelson Construction, U.C. reontractor"), for 1he purpose of amencffng the wriUen •Agreement for Contract SeMces• entered Into between the County and Contractor as of December 27. 2018 County of Greene contract#18-0798 (the •Agreernenf). .. Purpose: 1. The expiration date of the Agreement Is changed fram December 27, 2021 to May 1, 2023. 2. •scope OF SERVICES' and •BUDGET" 818 modified by addJng EXHIBIT I, attached hereto. 3. Except as set forth In this Amendment. all terms, condftlans and provislon8 tl the Agreement are unchanged and temafn In fuD foiCe and effect. IN WITNESS WHEREOF, the parties hereto have caused Uda Seventh Amendment to the Agleement to be executed by their respedlve duly authollzed agents as of the date find set forth above. I certify that the expenditure contemplated by t1t1a document Is within the purpose of the appropriation to whk:h It Ia to be charged 81d that there Is ., unencumbered balance of anticipated revenue appropriated for payment~ same. ~· . . . ... . . .· . ,···· .... -.·,-~~~ Date Greene County Contnld #: 18-0798 Page 1 af1 DONELSON CONSTRUCTION LLC ~9-.Qc.. a.& Managing Member By: Tftle: By: Title: EXHIBIT I C . Ph: (417) 743-2694 onstruct1on Fn= (417)743-2945 Company ,LLC---------------------to-'s-VI-'tse_HDJ_. _Ro-ad •• a-cv-er • ..,r._1o_6_563_1 April 12, 2022 Greene County Highway Department Springfield, MO Donelson Construction Co., LLC offers the following pricing for the patented Modified Aggregate Quick Set (MAQS®) Surfacing System, and related services . US Patents 7,312,262B2, 9,260,826B2, 9,879,387B2, 11,060,248B2, 8,033,775B2, other patents pending, and proprietary materials and devices are included in the products and services offered herein. All materials and labor are inclusive with these prices, except where noted . These prices are valid within Greene County and the City of Springfield. For other agencies located within or outside of Greene County, please see alternate pricing attached . Donelson reserves the right to discount any of the prices listed at any time. MAQS-1 (One lift, 12-15 pounds per square yard) ... $3.04 per square yard (non-residential) $3.63 per square yard (residential) MAQS-1+ (One lift, 15-18 pounds per square yard) ... $3.46 per square yard (non-residential) $3 .88 per sq uare yard (residential) MAQS-2 (One lift, 17-21 pounds per square yard) ... $3.82 p er square yard (non-residential) $4.11 per square yard (residential) MAOS-2+ (One lifl, 2 1-25 pounds per sq uare yard) ... $4.35 per square yard (non-res idential) $4.60 per sq uar e yard (residential) MAOS-3 (One lift, 25-30 pounds per square yard) ... $4 .64 per square y ard (non-residential) $4.97 per square yard (residential) MAQS-FlexScratch (leveling course/cra ck repair) ... same prices stated above MAQS-PressurePave Crack Filler ... $0.40 p er pound installed MA.QS-ChjpLock and MAQS-ChipLock-AF ... $4.70 per gallon plu s $0.95 per square yard (non-residential) or $1.75 per square yard (residential) Hot rubber crack-fill (labor only, County or City to s uppl y material) ... $4.10 per pound in stal led Cold mix asphalL...$61.00 per ton FOB Clever Stone Quarry Respectfully Submitted, ~~ Michael J. Donelso n Owner Construction EX.BIBITI I 075 Wise Hill Rond , C h:vcr, MO 6563 1 Phone: (417) 743-2694 Fa~ (4 17) 743-2945 Cornpany,LLc ____________________________________________ ___ 2022 Greene County Cooperative Agreement Pricing -Other Agencies Modified Aggregate Quick Set (per yd2 ) D'i:KiAAU'l"Z!i'li!'£'li>HlM\...~~~~-:.."\1~~'::!t~l!l>~.t:::.i"~-·:;~,n.~~l3..~~~~~ PressurePave Sealant Hot Rubber Crack Filler MAQS-1 $ 3.91 MAQS - 1 + $ 4.15 ~ MAQS - 2 $ 4.39 Q) _J MAQS - 2 + $ 4.85 $1 .25 per yd2 $1.11 per yd ' MAQS -3 $ 5 .28 MAQS-FlexScratch ( Same prices as above) ~~~~,. ~~~~~~'G'As-:tc!.'i;:r..t:li.S": ~-~~~L:~,"::;.s .... ::~. :;~< .. r:.~ ~-:;t."ii.!J;:".::.'~ .. t~"~';:.:.:. -;:·.:~ :r~;~~~:~~~:~~~ MAQS -1 $ 4.17 N MAQS - 1 + $ 4.46 ~ MAQS-2 $ 4 .65 $1.25 per yd2 $1.11 per yd 2 _J MAQS -2 + $ 5.05 MAQS -3 $ 5.42 MAQS-Fl exScratch (Same prices as above) ~'r'"~~~UQi:~)L~~-iG:-t~~~,W~'!::~~..::.~ MAQS -1 $ 4.49 C') MAQS-1 + $ 4.75 ~ MAQS-2 $ 4.97 $1 .25peryd2 $1.11 peryd2 _3 MAQS -2 + $ 5.45 MAQS - 3 $ 5.88 MAQS-FlexScratch (Same prices as above) y;_~-.~~~·'<""i:'"""'~'"t"'"S"r;.~~ :'i">X:!: 1"""'-.l..~~. "":-~~·'.':".;: ~~~~-~'l;D;c:m .. ~..-"'~ MAQS -1 $ 4 .85 v MAQS - 1 + $ 5.08 ~ MAQS -2 $ 5.28 $1 .25 per yd2 $1.25 per yd 2 _3 MAQS -2 + $ 5.64 MAQS -3 $ 6.00 MAQS-FlexScr~tch (Same prices as abovet~. ..... ., ·u , • ~.: "' •. , •• " ... .....,...._. ~~~ .... ~..9<!~"ili'!h .... .::z~ .. ,..~~ . .,..~:it£1~c\!~~~..n:rzz:tt .. ,:.Si:'....-.. ~~.~~ MAQS - 1 $ 5.09 1.0 MAQS-1 + $ 5 .31 ~ MAQS - 2 $ 5.53 $1.25 per yeP $1 .25 per yd2 _3 MAQS -2 + $ 5.94 MAQS -3 $ 6.35 ''·~ • ~~~~f.Je~~2f.~~J~~~~ -~~~<:.~~a~-.?~-0~~~ .... ''''""'·~.l , ~E,.·~ .... ~..: . .-• ~ ~ .. ·:.~..r · ...... ~ ..• ,., ..... ..,.-:.t ~·~;· f'· .... -·4ob oft.IT· .-.a.:. ............ ~~~fr!·b .. ~.( ... ,_M.,;:-.-';/~~·.-a--~""""'"'\~~-~..x_~~ ); .. -b~-~ . MAQS - 1 $ 5.22 co MAQS -1 + $ 5.54 ~ MAQS -2 $ 5.85 $1 .2 5 per yd2 $1.25 per yd• _J MAQS -2 + $ 6.28 MAQS-3 $ 6.70 MAQS-Fl exScr atch ( Same prices as above) Ill~~ DONELSON l'bJP Construction Company,LLC May II , 2022 Britt Smith City of Jefferson City 320 E. McCarty St Jefferson City, MO 65 10 I ESTIMATE Ph: (4 17) 743-2694 Fa x: (417) 743-2945 I 075 Wise Hill Road C lever MO 65631 Donelson Construction Co., LLC is pleased to provide th e following quote for th e in stallation of our patented Modified Aggregate Quick Set (MAQS®) Surfacing and PressurePave® Systems. The pric es include all labor equipment, material s and traffic control. The unit prices for the separate materia ls are as fo ll ows (per yd2): MAQS-PressurePave®-$1.25 MAQS®-2 Scratch $5.53 MAQS®-2 $5.53 From : Fairway Dr To: south concrete Yd2: 6 ,157 $0.00 Scratch y d2 : r-----------------~~~3=4,~u~48~.~21r-~--------------~ ~41,7 44.46- From: Nob Hill Rd west concrete Yd2: 995 Total Sherwood Dr From· north concrete To· south end Yd2: 5 257 ' MAQS-PressurePave®-$6,571.25 MAQS®-2 Scratch $1,376.97 Scratch yd2: 249 MAQS®-2 $29,071.21 Total $37,019.43 Taylors Ridge Ct From: Sherwood Dr To · west RAB Yd2· 2 567 ' MAQS-Press urePave®-$3,208.75 MAQS®-2 Scratch $525.35 Scratch yd2: 95 MAQS®-2 $14,195.51 Total $17,929.61 Tyler Run Ct From: Sherwood Dr To: east RAB Yd2: I 967 ' MAQS-Press urePave®-$2,458.75 MAQS®-2 Scratch $4,899.58 Scratch y d2: 886 MAQS®-2 $10,877.51 Total $18,235.84 Graystone Dr From: west concrete To: Gettysburg PI Yd2: 3,943 MAQS-PressurePave®-$4,928.75 MAQS®-2 Scratch $3,876.53 Scratch yd2: 701 MAQS®-2 $21,804.79 Tota l $30,610.07 S b anon Dale Ct From · Graystone Dr To· north RAB Yd2· 2 317 ' MAQS-PressurePave®-$2,896.25 MAQS®-2 Scratch $33 1.80 Scratch y d2: 60 MAQS®-2 $12,813.01 Total $16,041.06 Gettys b u ra PI "' From · Ho ll ow To· so ut h CDS Yd2· 8 082 ' MAQS-Press ureP ave®-$10,102.50 MAQS®-2 Scratch $12,719.00 Scratch yd2 : 2,300 MAQS®-2 $44,693.46 Total $67,514.96 Antietam Ct From· Gettysb urg PI To · east CDS Yd2: 1 491 ' M A QS-Press urePave®-$1,863.75 MAQS ®-2 Scratch $5,275.62 Scratch yd2: 954 MAQS ®-2 $8,245.23 Total $15,384.60 GRAND TOTAL: $251,226.13 -LJ(} ti'f~ 5"'tp -zd 1 r , ~ -to z., 7 3 5"'.fi7 Ph: (417) 743-2694 Fax: (417) 743-2945 1075 Wise Hill Road, Clever, MO 65631 PO: $1.25 $5.53 $0.00 $5.53 $0.00 From: To: Yd2:5,257 MAQS-PressurePave®- MAQS®-2 Scratch Scratch yd2:249 MAQS®-2 Total From: To: Yd2:2,567 MAQS-PressurePave®- MAQS®-2 Scratch Scratch yd2:95 MAQS®-2 Total From: To: Yd2:1,967 MAQS-PressurePave®- MAQS®-2 Scratch Scratch yd2:886 MAQS®-2 Total $2,458.75 $4,899.58 $10,877.51 $18,235.84 $3,208.75 $525.35 $14,195.51 $17,929.61 Tyler Run Ct Sherwood Dr east RAB $6,571.25 $1,376.97 $29,071.21 $37,019.43 Taylors Ridge Ct Sherwood Dr west RAB Sherwood Dr north concrete south end Donelson Construction Co., LLC is pleased to provide the following quote for the installation of our patented Modified Aggregate Quick Set (MAQS®) Surfacing and PressurePave® Systems. The prices include all labor equipment, materials and traffic control. The unit prices for the separate materials are as follows (per yd2): MAQS-PressurePave®- MAQS®-2 Scratch MAQS®-2 MAQS®-3 Scratch MAQS®-3 ESTIMATE May 25, 2022 Britt Smith City of Jefferson City 320 E. McCarty St Jefferson City, MO 65101 From: To: Yd2:3,943 MAQS-PressurePave®- MAQS®-2 Scratch Scratch yd2:701 MAQS®-2 Total From: To: Yd2:2,317 MAQS-PressurePave®- MAQS®-2 Scratch Scratch yd2:60 MAQS®-2 Total From: To: Yd2:8,082 MAQS-PressurePave®- MAQS®-2 Scratch Scratch yd2:2,300 MAQS®-2 Total From: To: Yd2:1,491 MAQS-PressurePave®- MAQS®-2 Scratch Scratch yd2:954 MAQS®-2 Total GRAND TOTAL:$202,735.57 $1,863.75 $5,275.62 $8,245.23 $15,384.60 $10,102.50 $12,719.00 $44,693.46 $67,514.96 Antietam Ct Gettysburg Pl east CDS $2,896.25 $331.80 $12,813.01 $16,041.06 Gettysburg Pl south of Sherman Hollow south CDS $4,928.75 $3,876.53 $21,804.79 $30,610.07 Shanon Dale Ct Graystone Dr north RAB Graystone Dr west concrete Gettysburg Pl BILL SUMMARY BILL NO: 2022-013 SPONSOR: Councilmember Fitzwater SUBJECT: A Construction Contract with Jefferson Asphalt for the 2022 Mill and Overlay, Project No. 32177 , Bid No . IFB4042 DATE INTRODUCED: June 6, 2022 DEPARTMENT Dl RECTOR( S) :7'7----/.~~;z_.:.:.....:____:_:-J-----==:=7J::.=------- CITY ADMINISTRATOR:,~~-=-----==-----L..~~~~::._ ______ _ Staff Recommendation: Approve . Summary: When approved, this bill will authorize a contract with Jefferson Asphalt in the amount of $831,178 .50 for the 2022 Mill and Overlay . Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J. MORASCH , P.E ./David Bange, P.E. Background Information: This bill would authorize an agreement with Jefferson Asphalt Company of Jefferson City to complete our annual street resurfacing project. The list of streets in this year's project was discussed and approval recommended by the Public Works and Planning Committee. However, due to cost escalation , the current budget does not permit doing the full project. Staff has removed two streets each from the overlay and micro surface projects in order to bring the projects within the current budget with the intent of doing these streets in future years . Those changes are noted on the attached revised schedule of work . In order to restore those streets to the projects, an additional $246 ,979.06 would need to be allocated to the project. Fund i ng for this project will c ome from the remainder of the street resurfacing funds in Sales Ta x G and a portion of the same funds from Sales Tax H. Fiscal Information: Account Available Requ i red RemaininQ 45-990-577031 $216,·960 .52 $216 ,9 58 .32 $0 .00 46-990 -577031 $690,000.00 $614 ,217.98 $75 ,782.02 BILL NO . 2022-013 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH JEFFERSON ASPHALT, IN THE AMOUNT OF $831 ,178 .50 FOR THE 2022 MILL AND OVERLAY PROJECT. WHEREAS, Jefferson Asphalt has become the apparent lowest and best bidder on the 2022 Mill and Overlay project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. The bid of Jefferson Asphalt is declared to be the lowest and best bid and is hereby accepted for the 2022 Mill and Overlay project. Section z. The Mayor and City Clerk are hereby authorized to execute an agreement with Jefferson Asphalt for the 2022 Mill and Overlay project. Section ~· The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section ~> This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : __________ _ Approved : _______ _ Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM: City Clerk Ci ~ Antietam Ct.2022 4 Y Gettyburg Pl End 0.17 $7,412.80 Foxboro 2023 4 Y Nob Hill Concrete 0.15 Gettyburb Pl 2022 4 Shermans Hollow End 1.12 $48,816.00 Greystone Dr 2022 4 Concrete Gettysburg PL 0.64 $27,790.47 Nob Hill 2023 4 Fairway Dr.Concrete 0.93 Shanon Dale Ct 2022 4 Greystone Dr End 0.34 $14,946.13 Sherwood Dr 2022 4 Concrete End 0.84 $36,664.73 Taylors Ridge Ct 2022 4 Sherwood Dr End 0.32 $13,786.00 Tylers Run Ct 2022 4 Sherwood Dr End 0.27 $11,752.00 Sub-Total 3.68 $202,736 Norris Dr.2022 3 Boonville Road Concrete 0.65 $37,996.25 Truman Blvd 2022 3 Amazonas Dr.Ventura Dr.0.23 $21,597.00 Truman Blvd 2022 3 N Ten Mile Dr.Scott Station Rd.2.73 $254,331.50 Truman Blvd 2022 3 Scott Station Rd.Amazonas Dr 0.53 $48,974.00 Truman Blvd 2022 3 Ventura Dr.W Truman Pl (P)0.56 $51,790.00 Truman Blvd 2022 3 Y W Truman Pl (P)Country Club Dr.0.78 $72,987.00 Burehrle Dr.2022 4 Y Satinwood Dr.Edgewood Dr.1.27 $94,449.75 Dogwood Dr.2022 4 Y Buehrle Dr.Edgewood Dr.0.39 $28,580.75 Dogwood Dr.2022 4 Y Stdium Blvd.Buehrle Dr.0.18 $13,382.00 Lynnwood Dr.2022 4 Stadium Blvd.Buehrle Dr.0.27 $20,100.50 Melody Dr.2022 4 Y Satinwood Dr.Pondarosa Rd.0.73 $54,114.50 Pondarosa Rd.2022 4 Y Buehrle Dr.Edgewood Dr.0.38 $28,438.25 Swifts Hwy.2023 4 Edgewood Dr.Southwest Blvd.0.56 Ellis Blvd 2023 5 Greenberry Rd.Rosewood Dr.1.97 Greenberry Rd.2022 5 Ellis Blvd.City Limits 1.41 $104,437.00 Sub-Total 10.11 $831,179 Armory Alley 2022 2 St. Marys Blvd End of City Maint.0.12 $712.50 Armory Dr.2022 2 St. Marys Blvd End of City Maint.0.17 $1,071.39 Ashley St.2022 2 Madison St.Jefferson St.0.22 $1,339.50 Broadway St.2022 2 W. Main St.W. High St.0.51 $3,113.89 Cherry St.2022 2 Miller St.McCarty St.0.19 $1,137.89 Chestnut St.2022 2 Bridge (MoDOT)McCarty St.0.21 $1,308.89 High St 2022 2 Jefferson St.Washington St.0.41 $2,508.00 High St 2022 2 Washington St.Broadway St.0.30 $1,828.75 Miller St. E.2022 2 Cherry St.Laffayette 0.30 $1,868.65 Miller St. E.2022 2 Chestnut St.Cherry St.0.16 $1,002.78 Miller St. E.2022 2 Clark Ave Chestnut St.0.83 $5,098.33 St Marys Blvd 2022 2 Armory Dr Gipfert Ln 1.24 $7,615.83 St Marys Blvd 2022 2 Gipfert Ln Dead End 1.20 $7,359.33 Williams St.2022 2 Dix Rd Beck St.0.24 $1,490.97 Industrial Dr 2022 3 Dix Rd Wilson Dr.0.99 $6,051.50 Industrial Dr 2022 3 Norman Dr.Jaycee Dr.1.59 $9,740.03 Industrial Dr 2022 3 Wilson Dr.Norman Dr.1.24 $7,598.73 Meadow Brook Ct.2022 3 Rock Creek Terr.Dead End 0.22 $1,351.11 Meadow Brook Dr.2022 3 Meadow Brook Ct.Valley View Terr.0.29 $1,756.44 Rock Creek Terr.2022 3 Valley Park Dr.Meadow Brook Ct.0.37 $2,249.60 Valley Park Dr.2022 3 Country Club Dr.Valley View Terr.0.57 $3,482.49 Valley View Ct.2022 3 Valley View Terr.Dead End 0.58 $3,546.67 Valley View Terr.2022 3 Valley View Ct.Dead End 0.89 $5,458.49 Clover Ln 2022 5 Payne St.Greenmeadow 0.16 $988.00 Green Meadow Dr.2022 5 Whitney Woods Dr.North End 1.68 $10,298.00 Payne St.2022 5 Greenberry Rd.Brookside Dr.0.65 $4,009.00 Sub-Total 15.33 $93,987 Yearly Total 29.13 $1,127,901 Street removed from this year's work plan for budget reasons. NEW TO LIST 2022 StreetOverlay ListWARD 2022 StreetSeal Coat List (Streets Overlaid in 2021)2022 Micro Surface ListLane Miles Preliminary Street Overlay List Summary Dated Revised: May 25, 2022 TO COSTLOCATIONPlanned Year FROM Page 1 of 3 NEW TO LISTWARD Lane Miles Preliminary Street Overlay List Summary Dated Revised: May 25, 2022 TO COSTLOCATIONPlanned Year FROM Mercedes Ln.2023 3 Schumate Chapel Rd.Schumate Chaple Rd.0.60 $26,035.20 Pinehurst Ct.2023 4 Turnberry Dr.End 0.26 $11,262.33 Turnberry Ct.2023 4 Turnberry Dr End 1.39 $60,733.73 Turnberry Dr 2023 4 Willow Lake Ct.Turnberry Dr 1.25 $54,616.67 Willow Lake Ct.2023 4 Turnberry Dt.End 0.19 $8,475.00 Hough St.2023 1 Grant St.Riverside Dr.1.18 $87,624.50 S. Lincoln St.2023 1 Y McCarty St.Hough Park Rd.0.56 $41,834.00 Willconxon Dr 2023 1 0.36 $26,506.50 Binder Dr.2023 3 Oakview Dr.Livingston St.1.08 $80,380.00 Hillsdale Dr.2023 3 Oakview Dr.Binder Dr.0.31 $22,966.50 Marilynn Dr.2023 3 Binder Dr.Forest Hill Ave.0.81 $60,011.00 Oakview Dr.2023 3 Binder Dr.Marilyn St.0.57 $42,639.50 Schumate Chapel Rd.2023 3 Truman Blvd.Unilever Entrance 0.27 $20,223.75 Schumate Chapel Rd.2023 3 Y Unilever Entrance City Limits 1.04 $77,089.25 Willow St.2023 3 W. Main St.Belair Dr.0.28 $20,769.00 Bassman Rd.2023 4 Y Westwood Dr.Southwest Blvd.0.40 $29,523.25 Crestmere Ct.2023 4 Westwood Dr.Parkway Rd. N.0.51 $37,987.00 Eagle Trace 2023 4 End End 0.43 $31,857.75 Glenwood Dr.2023 4 Crestmere Ct.Southwest Blvd.0.34 $25,418.75 Oak Leaf Dr.2023 4 Y Jefferson St.Red Oak Dr.0.24 $18,174.25 Overlook Dr.2023 4 Route C Cedar Hill Rd 1.18 $87,350.50 Parkway Rd. E.2023 4 Y Parkway Rd. N.Glenwood Dr.0.13 $9,444.75 Parkway Rd. N.2023 4 Y Crestmere Ct.Parkway Rd. E.0.12 $9,009.00 Red Oak Dr.2023 4 Y Southridge Dr.Oak Leaf Dr.0.47 $34,570.25 Stone Briar Rd 2023 4 Y Turnberry Dr.Eagle Trace 0.15 $10,946.25 Sun Meadow Ln.2023 4 Y Overlook Dr. South End Overlook Dr. North End 0.36 $26,531.25 Turnberry Dr.2023 4 Y Country Club Willow Lake Ct.1.25 $92,666.00 Westwood Dr.2023 4 Y Tower Dr.Southwest Blvd.0.68 $50,711.50 Westwood Dr.2023 4 y Woodclift Dr.Tower Dr.0.39 $28,715.00 Windsor St.2023 4 Y Westwood Dr.Tower Dr.0.31 $22,947.25 Bluebird Ln 2023 5 0.53 $39,642.00 Dixon 2023 5 Y Greenberry Rd.Hough Park Rd.0.74 $54,662.50 Flamingo Rd 2023 5 Y 0.40 $29,926.00 Idlewood Rd 2023 5 Y Bluebird Meadowlark Ln 0.28 $20,489.50 Idlewood Rd 2023 5 Y Idlewood Ct Bluebird 1.05 $77,766.00 Meadowlark Ln 2023 5 Y 0.60 $44,815.00 Starling Dr.2023 5 Y 0.57 $42,236.75 Yearly Estimated Total 21.27 $1,466,557.432023 Preliminary Micro 2023 Preliminary StreetOverlay ListPage 2 of 3 NEW TO LISTWARD Lane Miles Preliminary Street Overlay List Summary Dated Revised: May 25, 2022 TO COSTLOCATIONPlanned Year FROM Camzie Dr.2024 5 Y Iven Rd.Hoffman Dt.0.69 $30,133.33 Hoffman Dr.2024 5 Y Concrete End 0.25 $11,141.80 Bellevue Ct 2024 2 Y Hawthorne Parkway End 0.14 $10,510.50 Darlene Dr 2024 2 Y Linden Dr Pamela Dr.0.57 $42,491.50 Dix Rd.2024 2 Y Industrial Dr.W. Main St 0.60 $44,291.75 Hawthorne Parkway 2024 2 Y Linden Dr Bellevue Ct 0.19 $14,335.50 Holly Dr 2024 2 Y Linden Dr Minnesota Ave 0.36 $26,531.25 Indiana Ave 2024 2 Y Nebraska Ave End 0.19 $14,483.50 Indiana/Minnesota Ave 2024 2 Y Minnesota Ave Indiana Ave 0.10 $7,658.25 Jefferson St.2024 2 Y Asheley St Atchison St 0.29 $27,377.00 Jefferson St.2024 2 Atchison St.Hwy 54 Bridge 0.99 $92,526.75 Jefferson St.2024 2 Dunklin St.Ashley St 0.52 $48,450.75 Jefferson St.2024 2 Expressway Dunklin St.0.34 $31,738.00 Jefferson St.2024 2 Y Hwy 54 Bridge Stadium Blvd 0.13 $11,688.75 Laurel Dr 2024 2 Y Linden Dr Minnesota Ave 0.31 $23,240.50 Linden Dr 2024 2 Y Filmore St.Darlene Dr.0.82 $60,824.75 Madison St.2024 2 Y Ashley St.Atchison St 0.32 $29,308.25 Madison St.2024 2 Y Atchison St.Franklin St.0.63 $58,465.75 Madison St.2024 2 Y Concrete Ashley St 0.19 $18,112.50 Madison St.2024 2 Y Franklin St.Hwy 54 On Ramp 0.45 $42,155.75 Minnesota Ave 2024 2 Y Indiana/Minnesota Ave End 0.20 $14,883.50 Boonville Rd.2024 3 Y Belmont Dr.Hwy 179 2.14 $158,965.25 Boonville Rd.2024 3 Y Livingston Belmont Dr.1.66 $123,019.50 Boonville Rd.2024 3 Y W. Main St.Livingston St.2.05 $152,274.25 Brookgreen Dr.2024 5 Cimarron Dr.End 0.31 $29,168.50 Carousel Dr.2024 5 Merlin Dt.Tanner Bridge Rd 0.41 $38,559.00 Cimarron Dr.2024 5 Tanner Bridge Rd Brookgreen Dr.0.64 $59,621.75 Field Haven Dr.2024 5 Knight Valley Dr.Park Crest Dr.0.15 $11,075.00 Hoffman Dt.2024 5 Tanner Bridge Rd Iven Rd.0.54 $39,907.75 Iven Rd.2024 5 Hoffman Dr.End 0.50 $36,891.00 King Arthur Dr.2024 5 Carousel Dr.End 0.18 $16,581.25 Knight Valley Dr.2024 5 Carousel Dr.Field Haven Dr.0.45 $41,506.50 Knight Valley Dr.2024 5 Field Haven Dr.Concrete 0.11 $8,209.00 Merlin Dr.2024 5 Cimarron Dr.Carousel Dr.0.76 $70,927.00 Park Crest Dr.2024 5 Field Haven Dr.Hoffman Dt.0.51 $38,143.25 Yearly Estimated Total 18.72 $1,485,198.63 Hillsdale Dr.2025 3 Binder Dr.Belair Dr.0.74 $32,333.07 Industrial Dr 2025 2 Argonne St.Hughes St.0.90 $83,284.25 Industrial Dr 2025 2 Hart St.Argonne St.0.82 $67,403.75 Industrial Dr 2025 2 McCarty St.Hart St.1.16 $94,852.00 High St 2025 1 Lafayette St.Jackson St.0.71 $66,174.25 Atchison St.2025 2 Adams St.Jackson St.0.19 $10,920.00 Carter 2025 2 Swifts Hwy Stadium 0.58 $37,056.00 High St 2025 2 Broadway St.Viaduct 0.44 $40,862.75 High St 2025 2 Jackson St.Adams St.0.39 $36,118.25 Belair Dr.2025 3 Twin Hills Boonville Rd 0.95 $123,976.25 Eastern Air 2025 3 Southen Air Airview Dr.0.28 $25,969.00 Jaycee Dr.2025 3 Industrial Dr.W. Main St 0.38 $23,555.75 Jaycee Dr.2025 3 Industrial Dr.Schellridge Rd. East 1.21 $69,703.00 Royal Air Dr.2025 3 Belair Dr.Airview Dr.0.26 $15,948.33 Twin Hill Rd.2025 3 Belair Dr.Sue Dr.1.02 $75,870.00 Holiday Dr.2025 5 Chestnut St.End 0.20 $15,034.25 Isom Dr.2025 5 Hough Park Rd Major Dr.0.31 $22,966.50 Jobe 2025 5 Hough Park Rd Cul-de-sac 0.53 $39,362.50 Kolb Dr 2025 5 Hough Park Rd Major Dr.0.33 $24,465.25 Major Dr.2025 5 Hough Park Rd.Kolb Dr.0.61 $45,382.25 Winston Ct.2025 5 Chestnut St.End 0.28 $20,774.50 Winston Dr.2025 5 Holiday Dr.Hough Park Rd.1.49 $110,289.50 Yearly Estimated Total 13.77 $1,082,301.40 Total 4 Year Program Estimated Cost $5,161,958.312024 Preliminary Street Maintenance List2025 Preliminary Street Maintenance ListPage 3 of 3 FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB4042 -Project 32177, 2022 Mill and Overlay All City, Opened May 24,2022 RECOMMENDATION: Staff recommends the award of bid IFB4042 to Jefferson Asphalt of Jefferson City, MO for Project 32177,2022 Mill and Overlay. Jefferson Asphalt was the only bid received at $1 ,029 ,66 7.00. The quantities have been reduced due to the increase in cost to meet budgetary needs. The amount to be expended is $831,178 .50 . BIDS RECEIVED: Jefferson Asphalt, Jefferson City, MO Bid Amount $1,029,667.00 This bid was advert ised in the News Tribune on 05/08/2022 and posted on Bonfire. Bid notifications wer e sent to 400 vendors of which 15 we re recommended vendors . Bids were evaluated by the Public Works Department and Jefferson Asphalt 's bid was determined to be acceptable. FISCAL NOTE· Expended or Account Number Description FY 2022 Budget Encumbered Bid Amount Balance Amount Street Resurfacing, 45-990-577031 Capital Projects-Sales $526,106.09 $309,147 .77* $216,958 .32 $0 Tax G Street Resurfacing, 46-990-577031 Capital Projects-Sales $690,000.00 $0 $614,220.18 $75,779.82 Tax H Bid Total $831,178.50 *Includes $93 ,9 89.20 and $202,735 .57 to be encumbered with Corrective Asphalt and Donelson Construction plus $12,423.00 previously encumbered/expended. PAST PERFORMANCE The vend ors have satisfactoril y provided materials as specified and bid during previous years. A IT ACHMENTS-SUPPORTING DOC UM ENTATION signanrre: ~0 ~ ~ Ul'Ch ngAgent S I31Ji2 Page1 Date: 2410512022 Bid No. ITEM NO. 1 2 • DESCRIPTION_ Cold Mfiling -Ashalt Bituminous Pavement -BP-1 TOTAL BASE BID %OVER/UNDER ENGINEER'S EST. APPRO X. UNIT QUANTITY SY 81636 Tons n42 CITY OF JEFFERSON BID TABULATION 2022 MILL AND OVERLAY PROJECT·NO. 32177 ENGINEER'S ESTIMATE Jeffefson Asphalt Company UNIT UNIT PRICE AMOUNT PRICE AMOUNT $2.25 $183,681.00 $2.75 $224,499.00 $83.00 $642,586.00 $104.00 $805,168.00 $826,267.00 $1,029,667.00 24.6% UNIT UNIT PRICE AMOUNT PRICE AMOUNT I Department of Public Works Memorandum 320 E . McCarty Street • Jefferson City, Mi ssouri 65101 • P 573-634-6410 • F 573-634-6562 • www.jeffcitvmo.org Date: May 31 , 2022 To : Leigh Ann Corrigan , Purchasing Director, Finance From: Subject: David Bange , City Engineer \)7~ 2022 Mill and Overlay Project No. 32177 Bid No . 4042 Public Works has completed a review of the bids opened at 1:30 P.M. on May 24, 2022 for the above noted project. As part of the review all the bids were tabulated to check for math errors and to compare unit price quotes of the various contractors . Attached to this memo is the tabulation of the One (1 ) bid that was received for the project, as well as a listing of the registered plan holders . Based on our review , we recommend acceptance of the bid from the low bidder Jefferson Asphalt. The Overall cost of the bid exceeds the funding availible which has led to a reduction in the overall quantities . Item #1 was reduced by 20,102 square yards and Item #2 was reduced by 1,377 Tons. This reduction in quantity reduces the overall proposed contract price to $8 31 '178.50 . The project will be expensed as follows : Jefferson Asphalt ($831, 178.50): Account Number: 45-990-5770 31 46-990-577031 Amount Available: $216 ,960 .52 $690 ,000 .00 Required: $216 ,960 .52 $614 ,217 .98 Rema i ning: $0 .00 $75 ,782.02 If you need any other information please feel free to contact me at e xtension 6433 . DB :db Attachments: Bid Tabulation Sheet, Plan Holders List cc : Project file Writer's file CITY OF JEFFERSON CONSTRUCTION CONTRACT THIS CONTRACT made and entered into the date last executed by a party as indicated below, by and between Jefferson Asphalt Company hereinafter referred to as "Contractor", and the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City". WITNESSETH: That Whereas, the Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies and for constructing the following City improvements: Project No. 32177, 2022 Mill and Overlay. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to provide all labor, equipment, hardware and supplies to perform the work included in the project entitled "2022 Mill and Overlay" in accordance with the plans and specifications on file with the Department of Public Works. 2. Payment. The City hereby agrees to pay the Contractor for the work done pursuant to this contract according to the payment schedule set forth in the Contract Documents upon acceptance of said work by the Director of Public Works and in accordance with the rates and/or amounts stated in the bid of Contractor dated May 24, 2022 which are by reference made a part hereof. No partial payment to the Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Eight Hundred Thirty One Thousand One Hundred Seventy Eight Dollars and Fifty Cents ($831,178.50). 3. Manner and time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws, within 90 calendar days from the date Contractor is ordered to proceed, which order shall be issued by the Director of Public Works within ten (1 0) days after the date of this contract. 4. Prevailing Wages. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of the current Annual Wage Order No. 28, Section 026, Cole County rates as set forth. The Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workmen employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workmen in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent of the Jefferson City Finance Department each week. In accordance with Section 290.250 RSMo, Contractor shall forfeit to the City One Hundred Dollars ($1 00.00) for each workman employed, for each calendar day or portion thereof that the workman is paid less than the stipulated rates for any work done under this contract, by the Contractor or any subcontractor under the Contractor. 5. Insurance. (a) The Contractor shall obtain and maintain during the term of the Project and this Contract the insurance coverages at least equal to the coverages set forth in this paragraph 7, and as further provided in the General Conditions, but no event less than the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo. Insurance policies providing required coverages shall be with companies licensed to do business in the State of Missouri and rated no less than AA by Best or equivalent. All costs of obtaining and maintaining insurance coverages are included in the Bid Amount and no additional payment will be made therefor by the City. Comprehensive General Liability Insurance (including coverage for Bodily Injury and Property Damage) $500,000 per occurrence $3,000,000 aggregate Comprehensive Insurance Automobile Liability $500,000 per occurrence $3,000,000 aggregate (including coverage for Bodily Injury and Property Damage) Employer's Liability $3,000,000 bodily InJUry by accident (each accident) $3,000,000 bodily injury by disease (each employee) $3,000,000 bodily injury policy limit (b) Worker's Compensation -In addition, the Contractor and all subcontractors shall provide Worker's Compensation Insurance in at least statutory amounts for all workers employed at the Project site. (c) Builder's Risk-The Contractor shall also provide a policy of Builder's Risk Insurance in the amount of 100% of the complete insurable value of the Project, which policy shall protect the Contractor and the City, as their respective interests shall appear. (d) Owner's Protective Liability Insurance-The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City of Jefferson as the insured, in an amount not less than the individual and combined sovereign immunity limits established by Section 537.610 R.S.Mo., except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. (e) Before commencing any work, the Contractor shall provide to the City certificates of insurance evidencing the issuance and maintenance in force of the coverages required by this paragraph 4. Each such certificate shall show the City, and such other governmental agencies as may be required by the City to be insured by underlying grant or contract relating to the Project, as an additional insured, and shall bear an endorsement precluding cancellation of or change in coverage without at least thirty (30) days written notice to the City. The City may waive any insurance coverages or amounts required by this paragraph 4 when the City deems such waiver to be in the interest of the public health, safety, and general welfare. (f) Subcontracts -In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Subparagraphs (a), (b), and (c) hereof and in like amounts. (g) Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs (b) and (c) hereof shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph (f) is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by the Contractor. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Liquidated Damages. The Contractor agrees and acknowledges that time is of the essence of this Agreement and that delay in the prosecution of the Work and the Project will inconvenience the public and increase administrative costs of the City, the costs of which the Contractor and the City are incapable of ascertaining at this time. Should the Contractor, or in the case of Contractor's default, the surety, fail to complete the Work within the time stipulated in this Agreement, or within such extension of time as may be allowed by the City in the manner set forth in the Contract Documents, the Contractor (or surety, as applicable) shall pay to the City as liquidated damages, and not as a penalty, the sum of for each calendar day that the Work remains uncompleted after the time allowed for the completion, including approved extensions. In the sole discretion of the City, the amount of the liquidated damages may be deducted from any money due the Contractor under this Agreement. Permitting the Contractor to finish the Work or any part thereof after the expiration of the time for completion or any approved extension, shall in no way operate as a waiver of the City of any of rights under this Contract. 8. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 9. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, City ordinances, and state and federal laws. 10. Indemnity. To the fullest extent permitted by law, the Contractor agrees to defend with counsel selected by the City, and defend, indemnify and hold harmless the City, its officers, engineers, representatives, agents and employees from and against any and all liabilities, damages, losses, claims or suit, including costs and attorneys' fees, for or on account of any kind of injury to person, bodily or otherwise, or death, or damage to or destruction of property, or money damages, or trespass, or any other circumstances, sustained by the City or others, arising from the Contractor's breach of the Contract or out of services or products provided by the Contractor or its subcontractors under the terms of this agreement. The Contractor shall not be liable for any loss or damage attributable solely to the negligence of the City. To the extent required to enforce this provision, the Contractor agrees that this indemnification requires the Contractor to obtain insurance in amounts specified in the Contract Documents and that the Contractor has had the opportunity to recover the costs of such insurance in the compensation set forth in this Agreement. In any and all claims against the City or any of its agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any one of them or anyone for whose acts any of them may be liable, this indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workmen's compensation acts, disability benefit acts or other employee benefit acts. The Contractor shall reimburse to the City any costs and attorneys' fees that the City may reasonably incur in pursuit of any remedies at law or equity or enforcement of any rights established in this Contract, which may result from the Contractor's breach of the Contract, the Contractor's failure to perform any obligation or requirement contained herein, or the City's enforcement of this Contract. 11. Payment for Labor and Materials. The Contractor agrees and binds itself to pay for all labor done, and for all the materials used in the construction of the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to ensure the payment of all materials and labor used in the performance of this contract. 12. Supplies. The Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062 RSMo 1994 as amended. Contractor shall keep and maintain records and invoices of all such purchases which shall be submitted to the City. 13. Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced, and no later than ten (10) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 14. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein. 15. Severability. If any section, subsection, sentence, or clause of this Contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract f. General Provisions b. Addenda g. Special Provisions c. Information for Bidders h. Technical Specifications d. Notice to Bidders i. Drawing and/or Sketches e. Signed Copy of Bid This contract and the other documents enumerated in this paragraph, form the Contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document including those documents described in the section entitled "Contract Documents" represent the full and complete understanding of the parties. This contact includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 19. Authorship and Enforcement. · Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. 20. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whomsoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 21. Waiver of Breach . Failure to Exercise Rights and Waiver: Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 22. Assignment. Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party. 23. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the ground or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 24. lllegallmmigration. Prior to commencement of the work: A. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. B. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services Contractor agrees in the performance. C. If contractor is a sole proprietorship, partnership, or limited partnership, contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. 25. OSHA Training Prior to commencement of the work: A. Contractor shall provide a ten-hour Occupational Safety and Health Administration (OSHA) construction safety program for their on-site employees which includes a course in construction safety and health approved by OSHA or a similar program approved by the department which is at least as stringent as an approved OSHA program. B. All employees subject to this provision are required to complete the program within sixty days of beginning work on such construction project. C. Any employee, agent or subcontractor of the Contractor subject to this provision found on the worksite without documentation of the successful completion of the course shall be afforded twenty days to produce such documentation after which time they shall be removed from the project. D. If Contractor fails the provisions of subsection A, B, or C, the Contractor shall forfeit as a penalty two thousand five hundred dollars plus an additional one hundred dollars for each employee employed by the contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time period in subsections B or C, whichever is applicable, of this section have elapsed. E. The City shall withhold and retain from any amount due under the contract, all sums and amounts due and owing as a result of any violation of this section when making payments to the contractor under the contract. The contractor may withhold from any subcontractor, sufficient sums to cover any penalties the City has withheld from the contractor resulting from the subcontractor's failure to comply with the terms of this section. 26. Transient Employers. Every transient employer, as defined in section 285.230, RSMo, enclosed in the laws section, must post in a prominent and easily accessible place at the work site a clearly legible copy of the following: (1) The notice of registration for employer withholding issued to such transient employer by the director of revenue; (2) Proof of coverage for workers' compensation insurance or self-insurance signed by the transient employer and verified by the department of revenue through the records of the division of workers' compensation; and (3) The notice of registration for unemployment insurance issued to such transient employer by the division of employment security. Any transient employer failing to comply with these requirements shall, under section 285.234, RSMo, enclosed in the laws section, be liable for a penalty of $500 per day until the notices required by this section are posted as required by that statue. 27. Notices. All notices required to be in writing may be given by first class mail addressed to City of Jefferson, Department of Public Works, 320 East McCarty, Jefferson City, Missouri, 65101, and Contractor at 117 Commerce Drive, Jefferson City, MO 65109. The date of delivery of any notice shall be the second full day after the day of its mailing. CITY OF JEFFERSON CONTRACTOR Mayor: Carrie Tergin Title: Date: Date: ATTEST: ATTEST: C ity Clerk Title: APPROVED AS TO FORM : Ci ty ~ BILL SUMMARY BILL NO: 2022-014 SPONSOR: Councilmember Schreiber SUBJECT: Authorizing an Agreement with Kilmer Siding, Gutters & More, California, MO, for Replacement of All Existing Siding, Trim and Associated Architectural Features at Fire Station 3 (302 Rock Hill Road) DATE INTRODUCED: June 6, 2022 DEPARTMENT DIRECTOR(S): CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: This bill would authorize the Mayor and City Council to execute a $79,800 agreement with Kilmer Siding, Gutters & More for complete replacement of all existing siding, trim and associated architectural features at Fire Station 3 (302 Rock Hill Road). Origin of Request: Fire Department Department Responsible: Fire Department PERSON RESPONSIBLE: MATTHEW SCHOFIELD, Chief of the Fire Department Background Information: The Jefferson City Fire Department seeks to replace all existing siding, trim and associated architectural features at Fire Station 3 (302 Rock Hill Road) with LP Smart Board or a comparable product. The current siding at Fire Station 3 has failed. Kilmer Siding, Gutters & More submitted the most competitive bid for this project. Fiscal Information: Authorize the expenditure of $79,800 to replace the existing siding, trim and associated architectural features at Fire Station 3 (302 Rock Hill Road). BILL NO . 2022-014 SPONSORED BY Councilmember Schreiber ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, TO REPLACE ALL EXISTING SIDING , TRIM AND ASSOCIATED ARCHITECTURAL FEATURES AT FIRE STATION 3 , 302 ROCK HILL ROAD . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI, AS FOLLOWS: Section 1. The City of Jefferson hereby enters into an agreement with Kilmer Siding, Gutters & More, California, MO for complete removal , disposal and replacement of all existing siding, trim and associated architectural features at Fire Station 3 (302 Rock Hill Road) at the agreed upon amount of $79 ,800 . Section ~. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section ~. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ---------------------Approved : __________________ __ Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM: City Clerk FINANC E D EPARTMENT PURCHASIN G DIVI SION SUBJECT: Bid IFB4044-Siding Replacement, F ire Station 3 A ll City, Opened May 3 1, 2022 RECOMMENDATION: Staff recommends th e award of bid I FB4044 to Ki lmer Sidi ng of Cali fornia, MO fo r siding rep lacem ent at Fire Station 3 . Bids were evaluated and awarded to the l owest and best bid, Kilmer Siding for $79,800.00. BIDS RECEIVED: CoMo Premium Exteriors, Columbia, MO Kim ler Siding, Cal ifornia, MO Premier Plus, Cedar Rapids, IA Bid Amount $155 ,878.38 $79,800.00 $2 15,555.00 This bid was adverti sed in the News Tribune on 05 /15 /2022 and posted on Bonfire. Bid notifications were sent to 108 vendors of which 12 we re r ecommended vendor s. FISCAL NOTE· Expended or Account Number Description FY 2022 Budget Encumbered Bid Amount Balance Amount Bui ld ing & Grounds 10-400-5400 10 Maint, Ge nera l Fu nds $98,455 .49 $59,112.97 $17,000.00 $22,342.52 Ongoing 10-990-577060 I nfrastructu re/Faci I ity $73,835.29 $2,577.50 $62 ,800.00 $8,457.79 Needs, Ge nera l Fu n ds Bid Total $79,800.00 ATTACHMENTS -SUPPORTING DOCUMENTATION Signature db~ a ~4c--lifhiJli Agen t 6ii I 122 # #0-1 #0-2 #0 -3 IFB4044-Siding Replacement, Fire Station 4 Bid Tabulation Bid Opening: May 31, 2022 CoMo Premium Exteriors Unit of Items Measure Quantity Total Cost Removal and replacement of siding, trim, and other architectural features at Fire Station 3, 302 Rock Hill Rd, Jefferson City, MO Lump Sum 1 $155,878 .38 Replacement of wall sheath ing Square boards (as needed) Foot 1 $2.65 Replacement of fascia boards (as Linear needed) Foot 1 $13 Cost Points 20.48 Kilmer Siding Premier Plus TotaiCost Total Cost $79,800.00 $215,555 .00 $25 $3.91 $0 $12 40.00 14.81 IFB4044-05/22 -Siding Replacement -Fire Station 3 Evaluation Scoring Summary Active Submissions j r Experience, ' I : Method of I ; Total Pricing r references, and I ! ! Performance ' i I ' I ---·-------·--_______ _,._ ________ -·-----~ quality of work ·----------. -----_l ___ .. -----------I· --~ ---------~ ----- Supplier /100 pts Ki lme r Siding 100 CoMo Prem ium 80.48 Exteriors Premier Plus 64.81 I I 40 pts r I 30 pts i 40 ($79,800 .00 ) 30 20.48 ($155 ,878.38 ) 30 14.81 ($215,555 .00 ) 30 Generated on Jun 01 , 2022 10:46 AM COT -Leigh Ann Corrigan Page 1 of 1 130 pts 30 30 20 From: To: Cc: Subject: Date: Bateman penlse Corrigan Leigh Ann Schofield Matt,: Bowden Matt RE: Statton 3 Siding Wednesday, June 1, 2022 9:49:39 AM Good morning, Leigh Ann, Chief Bowden reviewed and compared the 3 bids received and supports selection of Kilmer Siding, Gutters & More for this project. All 3 vendors recommend using Diamond Cote products, but Kilmer's quote was significantly less than the other two vendors. Given our past experience and satisfaction with work done by Kilmer Siding, Chief Schofield is supportive of this recommendation. Funds to cover costs for the Station 3 siding replacement will come from the following accounts: $17,000 from 10-400-540010 Building & Grounds Maintenance $62,800 from 10-990-577060 Ongoing Infrastructure/Facility Needs Let me know if you need anything else from us to move this forward. Thank you! Denise Bateman Administrative Assistant Jefferson City Fire Department 305 E. Miller Street Jefferson City, MO 65101 dbateman@jeffersoncitymo gov 573-634-6401 From: Bateman, Denise<> Sent: Tuesday, May 31, 2022 3:23PM To: Bowden, Matt <MBowden@jeffersoncitymo.gov> Cc: Schofield, Matt <MSchofield@jeffersoncitymo.gov> Subject: Station 3 Siding We ended up receiving 3 bids for this project, they are now available for review in Bonfire. She indicated that with approval of Chief Schofield, you can review the bids and make a recommendation for the Department. Go into the Bonfire link and click on Submission to review the bids. It pre-fills a bid tab with all of the relevant information, to find that bid tab and the Vendor Data information click on Files. I'll print all of the bids out tomorrow morning, if you'd prefer to look at hard copies. CITY OF JEFFERSON CONTRACT FOR CONSTRUCTION SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and Kilmer Siding, Gutters and More, hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, Contractor has become the lowest responsible bidder for furnishing the supervision, labor, tools, equipment, materials and supplies for the following City improvements: Removal and replacement of siding and trim at Fire Station #3. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the removal and replacement of siding and trim at Fire Station #3, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Parks and Recreation Department, and in accordance with the rates and/or amounts stated in the bid of Contractor dated May 21, 2022, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. The total amount of this contract shall not exceed Seventy-Nine Thousand Eight Hundred Dollars and Zero Cents ($79,800.00). The City will pay Thirty-Five Thousand Dollars and Zero Cents ($35,000.00) for services and materials on the date last executed by a party as indicated below. The City will pay the remaining balance upon the Contractor's satisfactorily completion of the work. 3. Manner and Time for Completion. Contractor agrees with the City to furnish all supervision, labor, tools, equipment, materials and supplies necessary to perform, and to perform said work at Contractor's own expense in accordance with the contract documents and any applicable City ordinances and state and federal laws by October 31, 2022. 4. Prevailing Wages. If the bid price is $75,000 or higher, prevailing wage will apply to public works projects. To the extent that the work performed by Contractor is subject to prevailing wage law, Contractor shall pay a wage of no less than the "prevailing hourly rate of wages" for work of a similar character in this locality, as established by Department of Labor and Industrial Relations of the State of Missouri, and as established by the Federal Employment Standards of the Department of Labor. Contractor acknowledges that Contractor knows the prevailing hourly rate of wages for this project because Contractor has obtained the prevailing hourly rate of wages from the contents of Annual Wage Order No. 26 Section 026 in which the rate of wages is set forth. Contractor further agrees that Contractor will keep an accurate record showing the names and occupations of all workers employed in connection with the work to be performed under the terms of this contract. The record shall show the actual wages paid to the workers in connection with the work to be performed under the terms of this contract. A copy of the record shall be delivered to the Purchasing Agent each week. In accordance with Section 290.250, RSMo, Contractor shall forfeit to the City One Hundred Dollars ($1 00.00) for each worker employed, for each calendar day or portion thereof that the worker is paid less than the stipulated rates for any work done under this contract, by Contractor or any subcontractor under the Contractor. 5. Insurance. Contractor shall procure and maintain at its own expense during the life of this contract: A. Workmen's Compensation Insurance for all of its employees to be engaged in work under this contract. B. Contractor's Public Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo, and Contractor's Property Damage Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. C. Automobile Liability Insurance in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence. D. Owner's Protective Liability Insurance. The Contractor shall also obtain at its own expense and deliver to the City an Owner's Protective Liability Insurance Policy naming the City and the City as the insured, in an amount not less than $3,000,000 for all claims arising out of a single accident or occurrence and $500,000 for any one person in a single accident or occurrence, except for those claims governed by the provisions of the Missouri Workmen's Compensation Law, Chapter 287, RSMo. No policy will be accepted which excludes liability for damage to underground structures or by reason of blasting, explosion or collapse. Such policy shall not be required if the City of Jefferson is endorsed as an additional insured under the policies described in Sub-paragraphs B and C above and such are not subject to cancellation or modification without thirty (30) days' notice to the City. E. Subcontracts. In case any or all of this work is sublet, the Contractor shall require the Subcontractor to procure and maintain all insurance required in Sub-paragraphs A, B, and C hereof and in like amounts. F. Scope of Insurance and Special Hazard. The insurance required under Sub-paragraphs B and C hereof shall provide adequate protection for Contractor and its subcontracts, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, and also against any special hazards which may be encountered in the performance of this contract. NOTE: Paragraph F is construed to require the procurement of Contractor's protective insurance (or contingent public liability and contingent property damage policies) by a general contractor whose subcontractor has employees working on the project, unless the general public liability and property damage policy (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 2 7. Liquidated Damages. The City may deduct Two Hundred Dollars ($200.00) from any amount otherwise due under this contract for every day Contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will ensure the completion by the time above specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of Contractor to proceed. It is further provided that Contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond Contractor's control and without fault or negligence on Contractor's part or the part of its agents. 8. Termination. The City reserves the right to terminate this contract by giving at least five (5) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City should Contractor be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of its creditors, or if a receiver should be appointed for Contractor or for any of its property, or if Contractor should persistently or repeatedly refuse or fail to supply enough properly skilled workmen or proper material, or if Contractor should refuse or fail to make prompt payment to any person supplying labor or materials for the work under the contract, or persistently disregard instructions of the City or fail to observe or perform any provisions of the contract. 9. City's Right to Proceed. In the event this contract is terminated pursuant to Paragraph 8, then the City may take over the work and prosecute the same to completion, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount of this contract thereby occasioned by the City. In any such case the City may take possession of, and utilize in completing the work, such materials, appliances and structures as may be on the work site and are necessary for completion of the work. The foregoing provisions are in addition to, and not in limitation of, the rights of the City under any other provisions of the contract, city ordinances, and state and federal laws. 10. Indemnity. To the fullest extent permitted by law, the Contractor will defend, indemnify, and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense ( 1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 11. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done and for all the materials used in the construction of the work to be completed pursuant to this contract. 12. Supplies. Contractor is hereby authorized and directed to utilize the City's sales tax exemption in the purchase of goods and materials for the project as set out in Section 144.062, RSMo 1986 as amended. 13. Performance and Materialman's Bonds Required. Contractor shall provide a bond to the City before work is commenced, and no later than ten (I 0) days after the execution of this contract, guaranteeing the Contractor's performance of the work bid for, the payment 3 of amounts due to all suppliers of labor and materials, the payment of insurance premiums for workers compensation insurance and all other insurance called for under this contract, and the payment of the prevailing wage rate to all workmen as required by this contract, said bond to be in a form approved by the City, and to be given by such company or companies as may be acceptable to the City in its sole and absolute discretion. The amount of the bond shall be equal to the Contractor's bid. 14. Knowledge of Local Conditions. Contractor hereby warrants that it has examined the location of the proposed work and the attached specifications and has fully considered such local conditions in making its bid herein. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorneys' fees and expenses incurred in such action. 17. Contract Documents. The contract documents shall consist of the following: a. This Contract d. Notice to Bidders b. Addenda e. Signed Copy of Bid c. Information for Bidders f. Drawing and/or Sketches This contract and the other documents enumerated in this paragraph, form the contract between the parties. These documents are as fully a part of the contract as if attached hereto or repeated herein. 18. Complete Understanding, Merger. Parties agree that this document, including those documents described in the section entitled "Contract Documents", represent the full and complete understanding of the parties. This contract includes only those goods and services specifically set out. This contract supersedes all prior contracts and understandings between the Contractor and the City. 19. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that either party shall seek to enforce the terms of this contract through litigation, the prevailing party in such action shall be entitled to receive, in addition to any other relief, its reasonable attorneys' fees, expenses and costs. 20. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 21. Waiver of Breach. Failure to insist upon strict compliance with any of the terms, covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be 4 deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 22. Assignment. Neither party may sell or assign its rights or responsibilities under the terms of this agreement without the express consent of the remaining party. 23. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the grounds of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. 24. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner prior to issuance of the Notice to Proceed. 25. Construction Safety Program Requirements. a. Contractor shall require all on-site employees to complete the ten-hour safety training program required pursuant to Section 292.675 RSMo, if they have not previously completed the program and have documentation of having done so. All employees working on the project are required to complete the program within sixty ( 60) days of beginning work on the Project. b. Any employee found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($1 00.00) for each employee employed by Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount due Contractor under this Contract, all sums and amounts due and owing City as a result of any violation of this section. 26. Notices. All notices required or permitted herein under and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the Citv: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 651 01 If to the Contractor: Kilmer Siding, Gutters & More Attn: Robert Kilmer 205 S East Street California, MO 65018 5 CITY OF JEFFERSON, MISSOURI Carrie Terg in, Mayor Date: ---- An'EST : City C lerk APPROV ED AS TO FORM: Cicy~ KILMER SIDING, GUTTERS AND MORE Title : Date : ___ _ ATTEST: Titl e: 6 Kilmer Siding. gutters & more 205 S . East Street California. MO 650 18 573644407::! Exhibit A t:Stlmate Da te Estimate# Fax# 5/21 /2022 220.!0 kilmersidii1g(!! yahoo.co rn Customer's Name & Address J.C. ... D #3 Matthew N. Bowden hwy 179 Jefferson City. Mo 651 09 Descnptlon I St:uaon J ~iding \lyle 111 huve Boa rd N Batten and Lnp board Rev I Job RK I Q•y Rate To tal I .) In tall mg LP Smart Board Ball en !>iding with Diamond Kotc pai n!. Siding is ins talled using r 40 I 095 .0C 113 .1!00.00 galvanized nai ls. Price iucl udcs uut ~idc corner tri m. i n ~ ide comer tri m, ligh t blocks( if any), electric bloc!...\ (af an)). dl)er "cnts. caul~. and all labor nt:cdcd to iosto1 ll siding and finish the job. Sidin g C'olor __ Jnd tnm color. _ Price includes tr im ;~round garage doors, arch/posrs o n north entrance and beam/post on bacl< porch . 2.) lrt.>talling LP Sman s iding with Diamond Kotc painL Siding isH" lap board wi th 6.75" reveal. 36 1000.0( 16.000.00 Sidmg color i' • and trim color is-. Price include:. light bloch, tri m boards around '~indows, ou t ~ ide co mer po~L~. cau lking (as needed}, an d insta lled nas hing (a.~ needed). Pr ice mc:ludes all material and labor needed to complete the job. S2SOOO ncedt.-d down t(l o rder matcriul $20000 due day job is slart.ed remaining balance due day job is completed signature of acceptance of above --------~-Oatc. ______ _ ~II ~~<rduc b11l~ will cncuwu~ 3 I .S% l..tte Chlll'gc Mnjor t'rcdll Cnrd$ At.:cptGd. All Rclu mcd I Tota I tf «k '"'" CftWWJ!cr uS 30.00 Rdum I'= $79,800.00 ~------------~~~ BILL SUMMARY BILL NO: 2022-015 SPONSOR: Councilmember Schreiber SUBJECT: Approving a $67,092.09 Contract with BusComm, a Sole Source Provider, for the Purchase, Installation, and Training of the Upgraded 911 Recording System DATE INTRODUCED: June 6, 2022 DEPARTMENT DIRECTOR(S): ~A ~& CITY ADMINISTRATOR: -~ --,!~ Staff Recommendation: Approve. Summary: Approval of this expenditure would refresh/upgrade the recording system of the Police Department. The current system is at the end of its useful life. BusComm is the current provider of service and maintenance of the current system . BusComm is also the only authorized provider of equipment and services for the Missouri region which qualifies this as a sole source . Origin of Request: Police Department Responsible: Police PERSON RESPONSIBLE: ROGER A. SCHROEDER, Chief of Police Background Information: The various technology upgrades within the department have created issues with the phone recorder's outdated method of receiving the audio data. The BusComm "refresh" will upgrade the hardware and software to continue receiving the best quality audio recordings. The new hardware and software also use the latest technology which will allow the department to move its 911 infrastructure on the recorder from analog recording to digital recordings . The department currently owns software licenses for the PD and is adding 19 for the Animal Shelter phones as they are under the Police Department and are currently not recorded . To install an entirely new system would be much costlier than upgrading the current system . Fiscal Information: The cost to upgrade the recording system is $67,092.09. The funding source for this procurement will be Sales Tax G , account 45-990-575020 Communications Equip Upgrades . The ongoing maintenance cost is $8,671 .38 which is funded in 10-390- 547020 Maintenance Agreements . BILL NO. 2022-015 SPONSORED BY Councilmember Schreiber ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUSCOMM, INC. FOR THE PURCHASE OF VERINT SYSTEM RECORDING UPGRADES TO UPDATE THE CURRENT RECORDING SYSTEM FOR THE JEFFERSON CITY POLICE DEPARTMENT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with BusComm , Incorporated . Section ~· The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section~. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : __________ _ Approved : _______ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk flNANCEDEPARTMENT PURCHASING DIVISION SUBJECT: Sole Source Procurement-BusComm Police Department RECOMMENDATION: Staff recommends purchasing equipment and services from BusComm of Fenton , Missouri by means of so le source procurement. This expend iture is to refresh/upgrade the receding system of the Police Department. The current system is at the end of its useful life . To install an entirely new system would be much costlier than to upgrade the current system which is a Verint system. BusComm is the current provider of service and maintenance of their current system . BusComm is also the only authorized provider of equipment and services for the Missouri region which qualifies th is as a sole source. We are asking for approval to declare this purchase as a sole source and to approve the expenditure and contract. The total cost for the equipment , installation , and training is $67 ,092 .09. The on-going maintenance cost is $8,671 .38 for the first year. SOLE SOURCE PROCUREMENT: BusComm , Fenton , MO Equip , Install, Training $67,092.09 Maintenance $8 ,671 .38 Total $75 ,763.47 FISCAL NOTE : Expended or Estimated Account FY 2022 Encumbered Spend Number Description Budget Amount Amount Balance Communications Equip 45-990-575020 Up gr ade s -Sa les T ax G $2 18 ,614 .2 3 $15 3,614.85 $6 7,092 .09 $2,092 .71 Funds Ma inte nan c e Ag re e m e nt s- 10-390-54 702 0 Po lice De pt General Funds $88,613 .00 $32 ,793 .90 $8,671 .3 8 47,147.72 Total Amount. $75,763.47 ATTACHMENTS -SUPPORTING DOCUMENTATION Signaturedt/ a r~ PUrasing Agen 412#!22 AGREEMENT NUMBER SC20-20045 5R2 ACCOUNT EXECUTIVE Scott Ca son DATE PREPARED 04-0 7-2022 Physical Address : Mailing Address : BusComm In corpora te d 2025 Craig shire Ro ad, Suite 110 St. Lou is, MO 63146 Bus Comm In corpo rated PO Box 62 8 Sales Agreement and Guaranteed Maintenance Support (GMS) Agreement (314) 567-7755 Fe nton , MO 630 26 INVOICE TO: INSTALLATION IF DIFFERENT: Chad Stieferman Sam e Jefferson Ci ty Po lic e De partment 401 Monroe Street Jefferson Ci ty, MO 65 101 Customer Phone Number Tax Status Customer Status Customer Purchase Order Number (573)634-6363 Exempt Exi sting Total Equip Required GMS QTY Item Number Description Per Unit Amount Total Annual Rate Varin! Recordi ng for Public Safety -JCPD 1 89-27()..()()93 Verint 7000 Consolidated Server LO (SVR7KH1-CON-LO) $10,902.00 $10,902.00 1 89-27~068 Add on Media Stora ge 3x960GB SSD, SanDisk (RAIDS, SSD-SD3RS) S1,291 .SO $1 ,291 .50 1 89-27~120 Add on Intel Ethernet Networl< OC PI3S7-T4, Quad Port 1GBASE-T (RJ45), Mezzanine Card $S80.SO $S80.50 1 89-270-0019 Add On AudloCodes LD Card 8 Analog Ports (PCI-e) $1,260.00 $1,260.00 1 89-27~1 2 5 Add On Windows Server 2019 KJT for Series 7k Server (Std, Consolidated & Data Servers) so.oo $0.00 1 70SB173000000 Creative l abs Sound Blaster Playl 3 External USB Sound Adapter $22.61 $22.61 1 202424 Toshiba Canvio Ready 1 TB U SB 3.0 Exte rnal Hard Drive $62.39 $62 .39 66 93-63~01 1 vS Operatio nal Recording license conversion to Verint Public Safety Call $208.00 $13,728.00 ~ecord ing 1 93-630-0020 Upgrade from ALS.x -Verint Recording Public Safety Integration Package $1 ,000.00 $1,000.00 19 gJ-630-0003 Verint Public Safety Call Recording (Channel based) SS20.00 $9,880.00 6 93-630-0013 Conversion from AL5.x oQM to Verint Public Safety Screen Recording and Quality $138.00 $828 .00 l\1anage ment 19 93.030-000S Verint Pu blic Safety Quality Management (Nam ed Employee) $170.00 $3 ,230.00 1 LS220D0402 Buffalo linkStation 4TB (2x2TB) NAS $305.98 $305.98 Verlnt Recording for Public Safety -OR/Secondary 1 89-2 7~0 99 Verint 70 00 Recorde r Server (SVR7KLE1-REC) $6,628.50 $6 ,628.50 1 89-270-0068 Ad d on Media Storage 3x960GB SSO, San Dis k (RAID S, SSD-SD3RS) $1 ,291.50 $1 ,29 1.50 1 89-2 7 ~120 Add o n Intel Ethernet Ne tworl< OCPI357-T4, Quad Port 1G BAS E-T (RJ45), $580.50 $580.50 ~ezzanlne C ard 1 89-270-0019 Add On AudloCodes LD Card 8 Analog Ports (PCI-e) $1,260.00 $1 ,260.00 Warranty: None Sub-Total SS2 ,851.48 See Page 2 Finance Proposal: N/A Installation See Page 2 Advance Payments: All fi nancing transactions require the firs t and last paym ents due upon execution the Training See Page 2 Finance Agreement. Tax See Page 2 Documentation Fee: A documentation fee equal to $175.00 will be due u pon execution of the financing Total See Pag e 2 See Page 2 contracts. Special Instructions Please include the Sales Agreement Number on your Purchase Order. Any unused portion of the exi sting Compre hensiv e ~aintenan c e Support Agreement will be applied to the invoice for th e new main tenance agreement for the upgraded re cord ing ~elut ion . Payment Terms 50% with order, 50% u pon fi nal acceptance. Payments made via credit card will be charged a 3.5% convenience fee on the payment. Page 1 of 5 BusComm INCORt>ORA 1(0 Physical Address: BusComm Incorporated 2025 Craigshire Road , Suite 110 St. Lou is , MO 63146 (314) 567-7755 Mailing Address : BusComm Incorporated PO Box 628 Fenton, M O 63026 AGREEMENT NUMBER SC20-200455R2 ACCOUNT EXECUTIVE Scott Cason DATE PREPARED 04-07-2022 Sa les Agreement and Guaranteed Maintenace Support (GMS) Agreement INVOICE TO: INSTALLATION IF DIFFERENT: Chad Stieferman Same Jefferson City Police Department 401 Monroe Street Jeffers on City, MO 65101 Customer Purchase Order Number Total Equip Required GMS QTY Hem Number Description Per Unit Amount Total Annual Rate Sub-Total fro m previ ous page $52,851.48 $52,851 .48 1 89-270-0126 Add On Windows Server 2019 KIT for Series 7k Server (Recorder & Application) $0.00 $0.00 1 70SB173000000 Creative Labs Sound Blaster Playl 3 External USB Sound Adapter $22.61 $22.61 1 202424 Toshiba Canvio Ready 1TB USB 3 .0 External Hard Drive $62.39 $62.39 16 93-630-0011 v5 Operational Recording License conversion to Verint Public Safety Call $208.00 $3,328.00 ~ecording Warranty: None Sub-Total $56,264.48 $8,671 .38 Finance Proposal: N/A Installation $10,127 .61 Ail financing transactions require the first and last payments due upon executi on the Training $700.00 Advance Payments: Finance Agreement. Tax $0.00 Documentation Fee: A documentation fee equal to $175.00 will be due upon execution of the financing contracts . Total $67,092.09 $8,671.38 Special Instructions Please include the Sales Agreement Number on your Purchase Order. Any unused portion of the existing Comprehensive Maintenance Support Agreement will be applied to the invoice for the new maintenance agreement for the up graded recording ~elution . Payment Terms ~0% with order, 50% upon final acceptance . Payments made via credit card w ill be charged a 3.5% convenience fee o n the paymenL Page 2 of5 Customer Requirements 1.Physlcallnstallatlon Requirements: •Customer will provid e necessary space to install the recorder. Note that space for the speakers, keyboard, mouse and monitor must be considered. •I f you are i nstalling the recorder in a rack or cabinet, you will need to Include rails with your purchase or provide a shelf or tray in the rack or cabinet for the recorder. 2 . Environmental Requirements: •Ambient Temperature -+45 to +85 Degrees F •Relative Humidity -40% to 60% Non-Condensing •Altitude-0 to 10,000 Feet 3.Telephone Recorder Connections: •Customer must provide a punch down (66 or 11 0 ) block within 6 feet of the recorder's install s ite to accommodate 6' Installation cables. longer cables are available if requi red but must be pre-ordered. This tennination will represent parallel connections of analog audio or digital station (tap) extension tenninatlons. Please contact your sales representative for infonnation regarding digital ln.Jnk connections. 4.Radlo Recorde r Connections: •Customer must p rovide a punch down block (66 or 110) within 6 feet of the recorder's install site to accommodate 6' installation cables. longer cables are available if requi red but must be pre-ordered. These tenninallons represent the required radio frequencies and/or 'selected audio' positions . These terminations will be a two-wire connection of trans mil/receive audio for each required frequency and/or m icrophone/speaker for each 'selected audio' position. S.Passlve VOIP Recording: •Customer must provide the RJ-45 network cable to the recorder from a configured SPAN port. The SPAN port w ill provide a mirrored copy of all the packets from the phones which are to be recorded . The Customer i s responsible for configuring and maintaining this managed swHch. &.Multicast Recording: ·Customer must provide the RJ-45 network cable from the managed sw itch to the recorder. It is the customer's responsibility to ensure the recorder can 'j oin" and "s ee' the multicast traffic. The Customer is responsible for configuring and maintaining this managed switch. 7 Active Recording: •Cu stomer must provide the RJ-45 network cable from the managed swHch to the recorder. It is the customer's responsibllty to ensure the recorder Is on the correct network. Th e Customer is responsible for configuring and maintaining this managed switch. S.Scroo n Recording: •Customer must provide a suitable network infrasln.Jcture for recording necessary screens. This includes, but Is not limited to computers, switchers/routers and network bandwidth. The Customer is responsible for providing the necessary network security for the screen recording cl ients to access the recorder. 9.LAN/WAN Recorder Connection: •A representative from your IT Department must be present at t he time o f Installation. The recorder can operate either using DCHP or a static I P. Customer is responsible for identifying which method is used and providing the details to the installation team prior to installation. Customer mu st provide the RJ-45 network cable from the managed switch to the recorder. If the recorde r will reside on a different iP subnetthan remote workstations , II is the Customer's responsibility to provide connectivity between the subnets. The Customer Is responsible for providing the necessary network security for the recorder to function correctl y. 10.Quality of Lines: •The recorder Is nonnaily connected as a passive device and records any audio present on the lines connected to the system . T his Includes any noise , hum, static, or crosstalk caused by noise from the telephone system, patches, and radio system. Customer will be responsible for providing clear audio to the recorder. 11Audlo Termination Labeling: •Customer will be responsible for clearly identifying and labeling all tennlnations to be connected to the recorder. Any Jines that are not clearly Identified and labeled will be excluded and not set up with the recorder unless alternate arrangements are made in advance. Page 3 of 5 Cust omer Requirements Cont. 12.Romote Diagnostics : •The recorder can be remotely monitored and managed. This service requires Internet accessibility but you, as the user, can determine when and who can attach to your recorder. 13 .Power Connections: •Customer must provide a standa rd 110v electrical outlet at the recorder's intended site. Adequate power connections for the Monitor and Speakers must also be available. Unless specifically detailed in the proposal, the Customer Is responsible for provi ding an appropriately sized Un interruptible Power Supply. 14.Motorola A stro P25, Motorola SmartNet Trun ke d Radi o Interface, Motor ola SmartZone Trunked Rad io Interface: •If included in the system order, Customer will be responsibl e for providing the AIS Server, the serial link between the Motorola Sy sl emWatch PC and the recorder, or the link and IP address to Interface with the Motorola ATIA port . A separate Insta llation Guide/Customer Requirements document will be provided outlining the ad diti onal requirements involved with integrating with these systom. 15.VIrus Protection: •Customer will be responsible for provi ding Anti Virus software to be installed on the recorder. We recommend either Norton or McAfee and will assist with the Installation and configuration of the Anti VIrus software. Viru s Infection Is not Included In the Warranty or subsequent service coverage and costs for repa iring a system Infected with a virus will be billed to the Customer. 16.0 peratlng System Updates: •Customer will be responsible for downloading and applying Operating System Updates on the recorder (after the initial system Installation). Operating System Upd ates are not included in the Warranty or subsequent service coverage and costs for applying them will be billed to the Customer. 17.Admlnlstralor and User List: •Customer will provide a list of users and passwords of individuals who will be accessing the recorder with appropriate (Administrator/User) designations to the Installation team . 18.1nstallatlon Team Re sponsibilities: •Recorder Installation -the installation team will unpack the recorder and make connection to the identified audio terminations and network connections. •Channel Testing-Installation team will test each channel connected to the recorder. •System Setup -Installation team will set up the recorder to maximize system performance. Included In this set up is the naming of channels an d setting up users within th e system. •Traini ng -Installati on team will provide up to two hours of training for up to ten users at the time of installation. If a second visit Is required because the personnel to be trained were not available at the time of installation, additional charges may apply. •Other Vendor Effort-Cu stomer is responsible for any charge s from other vendors including, but not limited to, telephone, radio, network services, or cabling for either site preparation or installation completion. In no case will the Installation team request the support of any other vendor without Customer's prior approval. 19.Exlstlng Record ing Syst em: ·The installation team will disconnect the exi sting record ing system. The Customer will be respons ible for the physical removal of the existing recording system. 20.Addlllonal Services: •Any installation requ iremen ts beyond those described above may req uire a pre-installation si te visi t and will require a separate i nstallation quote above and beyond the standard installation services that may have been quoted previously. In such cases, a separate and mutually agreed scope-of-work document will be provided. Page 4 of 5 Tenns and Conditions 1. Warranty BusComm Incorporated warrants the equipment against defecllve parts and woritmansh lp for the period designated on page 1 of the Sales Agreement. Upon notlflcatlon of a defect, BusComm Incorporated shall have the option to repair or replace the defecllve part of the equipment, and such repair or replacement shall be Customer's sole and exclusive remedy. All replaced parts shall become the property of BusComm Incorporated. In addition, during the warranty period, BusComm Incorporated shall perfonn, free of charge, all necessary maintenance to keep the equipment in good woriting condition and repair, including the furnishings of all necessary labor and materials. BusComm Incorporated furnishes this warranty In lieu of all other warranties ; either expressed or Implied warranties of merchantability and fitness for a particular purpose. Any and all warranties shall be void as to equ ipment damaged or rendered unsupportable by negligence of non-BusComm I ncorporated personnel, misuse, theft, vanda lism, fire, water or other peril, or moving, repair, relocation or alteration of the equipment not authorized by BusComm Incorporated. BusComm Incorporated sha ll not be liable for any damages, Incidental, consequential, or otherwise, or commercial loss from any causes, nor for personal injury or property damage, except as such is caused by negligence of BusComm Incorporated employees. BusComm Incorporated's liability Is limited to the repair or replacement of defecllve parts. 2. General Tenms (A) It Is In our mutual interest to make installations as efficient as possible. You must provide an installation environment in accordance with the Custome r Requirements and Recommendations outlined in your proposal and Sales Agreement. You should let us know i n advance of any unique site problems or If you need assistance preparin g your environment so we can provide a quote for additional site preparation worit. (B) We do busi ness with you because we can satisfy your needs and understand your ability to meet your obligations to us. If you want to assign your rights or obligations under this agreement. we reserve the right to approve that assignment to make sure that our risks are not being Increased. (C) BusComm Incorporated Is not liable for Incidental or consequential damages for non-performance of any obligation under this agreement. (D) BusComm Incorporated will make every effort to deliver the equipment as soon as possible, but cannot guarantee a specific delivery date. (E) This order becomes a mutually binding ag reement upon signature of the purchasing party. Once an order is placed , purchaser has the right to cancel this contract until midnight of the third business day after the day on which the purchaser signs this agreement. "Third Business Day• shall exclude all intervening Saturdays, Sundays and national and state holidays. Notice of cancellation, if given by mail, is effective when deposited in the mail properly addressed with postage prepaid. No refunds will be given for orders cancelled after the third business day. (F) By signing this agreement, you have created a security agreement and have given BusComm Incorporated a purchase money security interest in the equipment. To protect our right to repossess the equipment if you have not paid fo r It, we may file a copy of this agreement as a financing statement with the appropriate state authoriti es and you agree to sign a financial statement, if requested. You are a lso representing that you are financially solvent and able to pay for this equipment when you are Invoiced for it. (G) The sale price does not Include any personal property, use taxes or similar taxes Imposed by the purchase r's home state. You are responsible for paying these. Appropriate sales taxes, if applicable, will be collected. (H) In the unlikely event BusComm Incorporated has to take steps to collect payments due beyond Invoicing, we can hold you r organization responsible for Interest at the maximum lawful rate from the due date of payment, costs of collecllon, and reasonable attorney's fees. 3. Comprehensive Guaranteed Maintenance Support Agreement (GMS) BusComm Incorporated shall provide maintenance support to Customer for the Items purchased from BusComm Incorporated. Any accessories will not be covered by the GMS Agreement. Accessories include, but are not limited to, headsets, foot pedals, microphones, SpeechMics, and DPM's. BusComm Incorporated s hall begin providing support following the warranty period stated on page 1 of the Sales Agreement. BusComm Incorporated's Comprehensive GMS Agreement provides prompt response to all support calls twenty-four (24) hours per day, seven (7) days a week, and three hundred and sixty-five (365) days a year. The Customer is guaranteed priority support and response to reported system Issues within thirty (30) minutes of receipt of Customer's support request. Please see the Comprehensive GMS Agreement for complete details. 4. Uncontrollable Circumstances If the performance of any part of this contract by Bu sComm Incorporated is prevented, h indered, delayed or otherwise made impractical by reason of any flood, riot, fire, strike, explosion, war or any other cause beyond the control of BusComm Incorporated, BusComm Incorporated shall be excused from such perfonnance to the extent that It Is prevented, hindered or delayed by such causes. Upon the occurrence of any such events, BusComm Incorporated shall use its reasonable efforts to notify Customer of the nature and extent of any such condition. It is also understood that all delivery and Installation dates are approximate, and BusComm Incorporated sha ll under no circumstances be liable for damages-special, consequential, or otherwise-resulting from delays in delivery, installation or cutover. Guaranteed Maintenance Support GMS Purchase Order Number I Customer Initials for GMS I Pro Rate GMS I I New Existing Customer Approval APPROVED BY: I PRINT NAME I PRINT TITLE X I 1 Page 5 of 5 ..... BusConun April 27, 2022 Leigh Ann Corrigan Jefferson City Police Department 401 Monroe Street Jefferson City, MO 65101 Dear Ms. Corrigan: INCOAPORAT&D At your request, this letter is written to confirm that BusComm Incorporated is the sole source provider of sales, service and support for the Verint Recording for Public Safety Solution in Missouri. Leigh Ann, if you have any questions or if I can provide any additional information, please feel free to call me at 314-567-7755. Sincerely, John Moldthan President/CEO P.O. Box 628 Fenton, l'viO 63026 p.314-567-7755 t: 314-567-0863 Wed 4!27{20ll. 2.:58 PM Sti eferman, Chad RE: BusComm To Corrigan, l eigh Ann Cc Benward. Bethany BusComm is the authorized dealer in MO for Verint. We are simply upgrading our hardware and software and entering into a new maintenance agreement with Buscomm for the new hardware and software. This upgrade will get us newer equipment to replace our current equipment that is at end of life. The new hardware and software also uses the latest technol ogy which will allow us to move our 911 infrastructure on the recorder from analog recording to digital. We already own the 82 software license for the PO and are adding 19 for the Animal Shelter phones since they are under the Police Department and are currently not recorded. We also already own the Verint software and are just paying the upgrade fees for the new hardware and data conversion. If we went with a new vendor we would have to purchase the hardware, software, and all the licenses increasing the price. We are satisfied with the service we have received from BusComm and don't see a need to switch companies and purchase a whole new system . Added Bethany in case there is something more she can add. Hope this helps. PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-016 SPONSOR: Councilman Lester SUBJECT: Final Subdivision Plat consisting of Two Lots Zoned PUD and Preliminary PUD Plan to Construct and Operate an Auto Parts Retail Sales Store on Proposed Lot 2 . (Planning and Zoning Commission Case No. P22006) DATE INTRODUCED: June 6, 2022 PUBLIC HEARING: June 20, 2022 ~kb DEPARTMENT DIRECTOR: · - CITY ADMINISTRATOR: ~~ Staff Recommendation: Approve. Summary: Standard ordinance approving and accepting a Final Subdivision Plat and approving a Preliminary PUD Plan. Origin of Request: Property owner, through Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information : A request was filed for a Final Subdivision Plat for a 2.4 acre tract. The final plat would result in two new lots; one would be 1.4 acres in size and the other 1 acre. Both lots would remain zoned PUD Planned Unit Development. A Preliminary PUD Plan is requested for the proposed Lot 2 for construction and operation of a 7,400 sf auto parts retail store. A plan narrative has been provided by the applicant and is contained within supporting documents for Case P22006. Please see attached staff report for more information . Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for a Final Subdivision Plat and a Preliminary PUD Plan at their meeting of May 12, 2022 . Both motions to recommend approval PASSED on votes of 5 in favor and 0 against. Public Notice: Standard public notice procedures were followed in advance of the Planning and Zoning Commission meeting and the City Council meetings. This includes (1) publication of the public notice agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case; (2) notification by letter to adjoining and affected property owners within 185 feet, and (3) posting of a sign at the property announcing the date and time of the hearing 10 to 15 days in advance of the hearing. Public Comment Received: A public comment was from Robert Jacobs distributed to the Planning and Zoning Commission. The comment stated the existence of poor conditions along the private drive serving the property. Fiscal Information: $1,080.00 in application fees were received. Planning & Zoning Commission Recommendation: Approve. BILL NO. 2022-016 SPONSORED BY Councilmember Lester ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF AZ JEFFERSON CITY SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON MISSOURI, AND APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 839 EASTLAND DRIVE, JEFFERSON CITY, MISSOURI. WHEREAS, ABCO Management. LLC, owner of the real estate hereinafter described, having submitted to the City Council a plat of said real estate, being located in Jefferson City, Cole County, Missouri, and described as PART OF LOT 56 OF SCHOTTHILL WOODS SUBDIVISION SECTION 2, AS PER PLAT OF RECORD IN PLAT BOOK 11, PAGE 324, COLE COUNTY RECORDER'S OFFICE, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 56; THENCE S50°30'06"E, ALONG THE NORTHERLY LINE THEREOF, 141.95 FEET; THENCE S61°30'37"E, ALONG THE NORTHERLY LINE OF SAID LOT 56, 235.11 FEET TO THE NORTHWESTERLY CORNER OF A TRACT DESCRIBED BY DEED OF RECORD IN BOOK 324, PAGE 723, COLE COUNTY RECORDER'S OFFICE; THENCE S32°12'37"W, ALONG THE WESTERLY LINE THEREOF, 270.55 FEET; THENCE N57°45'51"W, 235.75 FEET; THENCE N78°52'00"W, 133.30 FEET TO THE SOUTHEASTERLY CORNER OF LOT 58 OF SAID SCHOTTHILL WOODS SUBDIVISION, SECTION 2 AND THE SOUTHEASTERLY CORNER OF A TRACT DESCRIBED BY DEED OF RECORD IN BOOK 300, PAGE 540, COLE COUNTY RECORDER'S OFFICE; THENCE N22°38'51"E, ALONG THE EASTERLY LINE OF SAID LOT 58, 192.25 FEET TO THE NORTHEASTERLY CORNER THEREOF AND SAID CORNER BEING THE SOUTHEASTERLY CORNER OF A TRACT DESCRIBED IN BOOK 402, PAGE 81, COLE COUNTY RECORDER'S OFFICE AND THE SOUTHEASTERLY CORNER OF LOT 57 OF SAID SCHOTTHILL WOODS SUBDIVISION, SECTION 2; THENCE N39°25'29"E, ALONG THE EASTERLY LINE OF SAID LOT 57, 132.60 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 103,808 SQUARE FEET, OR 2.383 ACRES, MORE OF LESS. THE ABOVE DESCIBED TRACT BEING SHOWN AS TRACT A OF SURVEY OF RECORD IN SURVEY BOOK A, PAGE 505, COLE COUNTY RECORDER’S OFFICE. Containing 2.4 acres, more or less; and WHEREAS, it appears that said plat has been fully and properly signed and accepted by the owner of said subdivision, known and referred to as the Final Subdivision Plat of AZ Jefferson City Subdivision, that all taxes have been paid, that in all respects the requirements of Chapter 445, RSMo, entitled " Plats" have been fully complied with by the owner of said subdivision, and that in all respects the requirements of the Planning and Zoning Commission of the City of Jefferson , Missouri , relating to plats and subdivisions have been complied with; and WHEREAS, ABCO Management. LLC , owner of the real estate referenced and described above, having submitted a Prelim inary PUD Plan for Lot 2 of AZ Jefferson City Subdivision, containing 1 acre; and WHEREAS, it appears that the procedures set forth in the Zon ing Code relating to Planned Unit Developments have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section l That the Final Subdivision Plat of AZ Jefferson City Subdivision, lying, being and situated within the corporate limits of the City of Jefferson, Missouri , as shown by the said plat attached hereto and made a part of this ord inance , is hereby approved and accepted by the City Council of the City of Jefferson, Missouri . Section ~· The Mayor and City Clerk are hereby authorized and directed to endorse acceptance of said plat hereon and to certify the approval of said plat under the seal of the City of Jefferson. Section ~. The Preliminary PUD Plan , on file as Case No . P22006 in the Jefferson City Planning and Zoning Commission records, is hereby app roved for Lot 2 of AZ Jefferson City Subdivision . Section 1. The underlying zoning designation of C-2, General Commercial sha ll be established for the purpose of determining zoning specifications of the PUD Plan such as permitted land uses , signage, and lighting . Section ~. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: __________________ ___ Approved: ________________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk NOTICE OF PUBLIC HEARING ON PLANNING AND ZONING MATTERS The City Council of the City of Jefferson, Missouri, will hold public hearings on the following planning and zoning matters on Monday, June 20, 2022 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East McCarty Street, Jefferson City, Missouri. 1. 839 EASTLAND DRIVE, APPROVAL OF A FINAL SUBDIVISION PLAT OF AZ JEFFERSON CITY SUBDIVISION AND APPROVAL OF A PRELIMINARY PUD PLAN FOR A RETAIL AUTO PARTS STORE. PART OF LOT 56 OF SCHOTTHILL WOODS SUBDIVISION SECTION 2, AS PER PLAT OF RECORD IN PLAT BOOK 11, PAGE 324, COLE COUNTY RECORDER'S OFFICE, IN THE CITY OF JEFFERSON, COLE COUNTY, MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 56; THENCE S50°30'06"E, ALONG THE NORTHERLY LINE THEREOF, 141.95 FEET; THENCE S61°30'37"E, ALONG THE NORTHERLY LINE OF SAID LOT 56, 235.11 FEET TO THE NORTHWESTERLY CORNER OF A TRACT DESCRIBED BY DEED OF RECORD IN BOOK 324, PA GE 723, COLE COUNTY RECORDER'S OFFICE; THENCE S32°12'37"W, ALONG THE WESTERLY LINE THEREOF, 270.55 FEET; THENCE N57°45'51"W, 235.75 FEET; THENCE N78°52'00"W, 133.30 FEET TO THE SOUTHEASTERLY CORNER OF LOT 58 OF SAID SCHOTTHILL WOODS SUBDIVISION, SECTION 2 AND THE SOUTHEASTERLY CORNER OF A TRACT DESCRIBED BY DEED OF RECORD IN BOOK 300, PAGE 540, COLE COUNTY RECORDER'S OFFICE; THENCE N22°38'51"E, ALONG THE EASTERLY LINE OF SAID LOT 58, 192.25 FEET TO THE NORTHEASTERLY CORNER THEREOF AND SAID CORNER BEING THE SOUTHEASTERLY CORNER OF A TRACT DESCRIBED IN BOOK 402, PAGE 81, COLE COUNTY RECORDER'S OFFICE AND THE SOUTHEASTERLY CORNER OF LOT 57 OF SAID SCHOTTHILL WOODS SUBDIVISION, SECTION 2; THENCE N39°25'29"E, ALONG THE EASTERLY LINE OF SAID LOT 57, 132.60 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 103,808 SQUARE FEET, OR 2.383 ACRES, MORE OF LESS. THE ABOVE DESCIBED TRACT BEING SHOWN AS TRACT A OF SURVEY OF RECORD IN SURVEY BOOK A, PAGE 505, COLE COUNTY RECORDER’S OFFICE. CONTAINING 2.4 ACRES, MORE OR LESS. Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding these matters. Emily Donaldson, City Clerk, City of Jefferson, Missouri P.T. - Friday, June 3, 2022 For contact information only. Department of Planning and Protective Services/Planning Division 320 East McCarty Street, Room 120, Jefferson City, Missouri 65101 Contact: Anne Stratman Phone (573) 634-6475 Fax (573) 634-645 , __ _j ~ NOT TO SCALE ~~ ' ' POB AZ JEFF_ERSON CIIY SUBDMSION IN THE OTY OF JEFFERSON,MO BEING AREPIAT OFTRACf AAS SHOWN IN SURVEY RECORD BOOKA, PAGE 505 RECORDS OF COLE COUNTY, MO RECORDER'S OFFICE, BEING A DIVISION OF A PORTION OF LOT 56, SCHOI'IHII I. WOODS SUBDIVISION SECTION 2, PER PLAT BOOK 11, PAGE 324, COLE COUNTY, MO RECORDER'S OFFICE 2.383 ACRES, ZONED PUD 25' X 25· SIGK ES:\H P'RKIKGESMT y PERBK300,PG541 / NW CORNER OF LOT 56 FOI.mD 1/2" REBAR CAPPED "LS 355D" FOUND 1/3" REBAR CAPPED "LS 134D" S44°51'23"E 0.23' FROM CORKER PER BK A, PG 505, PB 11, PG 324, & BK300, PG 541 ~ ~ I ' ' ' I N/:' KOLB BROTI-:..':':R'S, l.LC. 11.:\.IL.lNG: PO BOX 576 JEFFERSON err~·, MO 65102 AP:-J: 11-05-21-00-J2-003...Q19 BK 40J PG 01 ZONED:PlJD USE: COl'-..TVENIE;:\JCE STORE FOlJ.t...TD CHISELED "X'' SE CORNER LOT 57 }..""E COR..'-JER LOT 58 SE CORNER TRACT BK 402 PG 81 ' ' '>( I ' I APPROX. LOCATION OF 60' GENERAL UTILITY ESMT PER PB11, PG 324 J ' ' ' ~', ,' ""' / ' ' ' ' 1.26.0' 20'£-""{{STING GEJ.'..iER.AL CTILITY EASEMENT BK325 PG +24 ' ' BK326 PG 449 ""' ' ~ ""' ' ' ""' ' ' ""' ' ' ' ' s Soo ~o-o,,,~ ""' ' ' ""' """ ·.9s, 47.9' ' ' ·1' J.STORY ~ CONCRETE BLOCK BlDG 12,973 SQ FEET± HEIGHT: 22.2' ::: F.F.E.: 7.26.5' ± 20' GENERAL FIILITI ESMT PER BK A, PG 505, PB 11, PG 324, BK325, PG434&3K326, PG 449 ~ ~ ~ ' ~ TBM#l FOUl'D 1/2'' REBAR CAPPED ''LS 355D" ~ ~ ' N/F SCl-lOTTI~llLL 'v;iQODS CORP C/0 LOCIS VETTER REG:STERED .t\GEJ-.:T 1B.ILING: l.SOl E :VICC:\RT::-ST. JEF?FRSON CITY, \fO 65101 .'\.:?N: 1t-05-2~-ooo.:-om-oo1 B.K ""736 PG 6JS ZONFD: PTTI USE: RESERVE TRACT,iV .. :\C:\..Yf 8 20' GENERAL UTILITY ESMT PER.BK330, PG 136 6J~, 37,, e<,J ~.!' PART OF ::.,QT 56 OF SCHOTilULL WOODS SCBDIVISION SECTION 2, AS PER PLAT OF RECORD :N PLAT BOOK 11, PAGE 324, COLE COU~1Y RECORDER'S OFFICE, Th: THE CITY OF JEFF3RSON, COLE COTJ).i"TY", 1-IISSOURI, MORE P~;ffiTICULARLY DESCRIBED AS FOLLO\'X!S: BEGLl>.fl\IL.~G AT THE NORTH'W'ESTERL Y CORL"JER OF S.'\10 LOT 56; THENCE S50°30'06"E, ALONG TI-TE NORTI-IERLYLINE '11-IEREOF, 141.95 FEET; TIIENCES61"30'37"E, ALONGTI-IE NORTIIERLY LThJE OF SAID LOT 56, 235.11 FEET TO T.·!E :.JORTH'Ui'ESTERLY COF.l"'JER OF A lRACTDESCRIBED BY DEED OF RECORD lli BOOK 324, PAGE 723, COLE COU""J:-.-""TY RECORDER'S OFFICE; 11-IEJ..:CE 532°1:!'3/''W, ALONG 11-IE "W'ESTERL Y LrNE THEREOF, 270.55 FEET; TI.:r&""JCE NS"P45'51"W, 235.75 FEET; THENCE N78°52'00''W, 133.30 FEET TO THE SOUlT-IE.i\.SIERLY COR..'JER OF LOT 58 OF S:\ID SCHO:THILL WOODS SUBDIVISION, SECITON 2 .AND 1HE SOlJ"IHEASTERLY CORNER OF A TRACT DESCRIBED BY DEED OF RECORD IN BOOK 300, PAGE 540, COLE COUNTY RECORDER'S OFFICE; THENCE ::-J22°38'5l"E, _AlONG 11-IE .&\STERLY LE'\!E OF S.Aill LOT 58, 192.25 FEET TO THE :KORlHE.ASTERL Y CORNER THEREOF /1 . .:.""\ID SAID CORNER BETh!G 11-ffi SOUTlffiASTERLY CORNER OF A TRAIT DESCRIBED IN BOOK 402, PAGE 81, COLE COtJ.'J1Y RECORDER'S OFFICE A..l>.JD THE SOt.rrnEA .. ')TERLY COR...'JER OF LOT 51 OF Sli.ID SCHOTIHJ.LL WOODS SUBDIVISIOI\", SECT:LON 1; THENCE N39°25'.29''E, ALOKG T:-IE E..A..STERLY LTh!E OF S..A..ID LOT 5i, 132..60 FEET TO THE PODJT OF BEGINNNG. CONT~!\D-Jlli"G AN AREA OF 103,808 SQUARE FEET, OR 2.383 ACRES, MORE OF LESS. THE .ii..BOVE DESCRIBED TRACT BErNG SHO\~N .A,.$ TRACf A ON SUJ.::.\-"'EY OF RECOR:> IN" SUR'ilEY RECORD BOOK A, PAGE 505, COLE COUNTY RECORDER'S OFFICE. OWNER'S C£Kflf1C.A.TE 1. 2. 3. 4. 3. 6. 7. 8. 9. 10. N.A!V[ES .ti}.J"D ADDR.ES§ES OF AD)OIJ:'\lThJG PROPERTY O'WNERS \X/ERE TAKE:J FROM GOLE COUNTY TA....-..:..;: CARDS AND DEEDS. NO SUR\i"EYOROR.AJ.""JY 01HERPER.SO~ OTHER THAN A LICENSED MISSOURI :1:-ITOR.J.""EY lv[AY PRO'iliDE LEGAL ADViCE COKCEN'-JING THE sfATUS OF TIUE TO THE PRO PERT{ DESCRIBED IN THIS s\JRVEY ("!HE SUBJECT PROPERTY'). TilE PURPOSE OF TIIIS sufiVEY, AND THE COWvCE}..""'TS RELATED TO 11-ffi SCHEDULE B-II E'SCEPTIOKS, IS OKLY TO SHOW THE LOCATION OF BOm-.i..;).lill!ES .liND PHYSICi\.L OBJECTIONS IN" REL\.110}.." TI-IERETO. TO THE EX"TENTT.HATTHESUR.VEY ll'JDIC.ii..TES THAT TH§ LEGAL ll'~"S'"fRUMENT "AFFECTS" THE SCBJECT PROPERTY, $UGI STATElviEJ\ TIS O~LY INTENDED TO INDICATE THAT PROi?ERTY BOUNDARIES NCLUDED IN SUCH il'JSTRU11ENTINCLU!?E SOME OR.1\LL OF TilE SCBJECT PROPERTx". THE SUR\".EYOR DOES NOT PURPORT TO DESCRIBE HOW' SUO-I INSTRUMJ~:NT AFFECT'S THE SUBJECTPR.O:?ERTY OR THE Th"FORCEABILIT'i OR LEGAL CONSEQUENCES Ofi' SUCH INSTRU:iYGNT. ALL BEARINGS AND piST.AN"CES SHO'V.~?)J HEREON _>\.F2 MEA.SCRED DIM:ENSJ(;)NS LT.N"LESS OTHERWISE NOTED HEREON. RECORD DfRIEKSIONS, IF DIFFERING FROM ML"-SCRED DIMENSJPNS, WILL BE FOLLOWED BY "(R#)" WHERE Tim# D.JDIC:.;.TES FROM WlllO-I REFERENCE DOCUMENT Tim Dn.,iE:>JSION OR1GINATED CONTOUR INTERVAL= 1 FOOT ELEVATIONS EST.ABUSI-IED WITT-I GPS STATIC OBSERVATIONS UTILIZir->.~G ONLThTE pQSIDONING USER SERVICE (OP"l"S) FOR POST PROCESSlliG. (Ki."...VD 1983 DATUl\-() RESEARO-I W_A,.S DONE TO FL.l\JD LOCAL.ANI)/ORNGSDATA BUT:.JONE WERE AV_>\.ILABLE N 'THE A~ffiA AS OF DATE OF SURVEY. AT THE TIME OF THE SURVEY, THERE WERE :\10 CH.."'-'-JGES IN STREET RIGHT-OF-\X-·,.:., Y LINES EITHER COMPLETED OR PROPOSED, 1\1'-..TD AV.n.TLABLE FROM CO:.rr.ROLLI!'lG JURISDICTION OR o:B~ERVABLE EVIDENCE OF RECE:JT STREET OR SIDEWALK CONsfRUCTION REPAIR THERE WlG KO OBSERV}...BLE EVIDENCE OF EARTH MOVING WORK, BUILDU'G ccfNSTRUCTION ORBl.JIIDIKGADDITIONS WITHIN" RECENT MONTHS. SURVEYOR DID NOT p.ECErvE t...NY INFOR...\1.li.TIO:.:l" FROMTI:IE :TILE J:.'..TSURER REG:":iiDfi.JG THE CURRE'\JT ZONNG CLASSIF1CA. TIO!' OF ~_i:!-IE PROPERTY OR A.t'JY REQUIRE11ENTS RELATED TO THE AP;?LIC."...BLE ZONJJ\JG ClASSIFICATION. THE BASIS OF BEARI..~G FOR TinS SUR'i7EY IS GRID NORTFr PER GPS OBSERVATION, l1jiSSOURI STATE PLAI:-:"E, CENTRAL ZONE [:'!AD 83) P.li .. RE..'JT TR..I\CTTOT}.-L AREA IS 103, 808 SQU_!\RE FEET OR .2.383 ACRES MORE OR LES§· ~ Legend of Symbols & .. ®1:¢A'.., @ FOUND MONUMEKT (AS NOTED) Q SET 5/8'' REB.AR W/ CAP K/F KOWORFOR..\1ERLY ----EASEMENT LINE ----SUBJECT PROPERTY LINE ----LOTLINE h J I ' ' I0JOW ALL 1fEN BY THESE PRESENTS THAT THE ~"DERSIGNErJ, BED-JG TI·IE OWNER OF 11-IE TRACT OF Li\ND DESCRIBED IN lHE ABOVE PROPERlY BOUNDARY DESC!FPTION, HAS CAUSE SAID TR.A....CTTO BE SURVEYED .Al''ID SUBDIVIDED INTO A LC'MU..:TI ON TI-US PLAT "fp:E LOT NCMBEP:::\ .. "''D THE SIZE THEREOF IS FULLY AND TRULY SET FORTH _-t\ND THE UNDERSIGNED DOE:.S HEREBY DEDIC/1.TED TO THE PUBLIC, FOR PUBLIC USE FORE\7"ER, A.LL EASEI\1ENTS ('JOT PRESENTI..Y dF RECORD), LYlli"G \:VlTI-IfrJ TH..E BO~TIAI'JES OF THE DESCRIBED PROPERT'.{, AS SHOW'N ON TfilS PLAT. • NUMBERS! THIS SUBDIVISION SHALL BE K"'JOWN AS AZJEFFERSON SUBDI\:"!SION N/F MCDON:\LDS CORPOR..\TION !vL\IUNG: 219 E l.)U.['..JZLl.N Sl. :¥B JEFFERSOK Cl1l", :\10 65:C01 APK: 11-05-21-0002-003-0lS B.K 3UO PG 540 ZOl\'ED: PllD USE: RESTAURANT FOUND 2" .AI..:C"Jvffi-..:Ui\1 DISC SE CORN"ER LOT 58 SE COR.."'JER TR.t\.Cf BK 300 PG N ~ l<; 0 §? {;!? 0 iC! ~ J J J I I I J I I I J I 10'EXIS'IIJ'.l"G 1 J\MEREN (L:.HON ELECTIUq E.A.SaffiNT BK336 PG 343 BK336 PG345 ""' ' ' LOT1 ""' ' ' 60,262 SQ. FEET OR 1.383 ACRES ± ""' USE: RED\.IL/RESTAURJ\NT ' ' ----~ ---<t ---~-----­_':> ~ ' ". " .v :f\~ "' ~ i.. ~ '~ ~ o.zy ii PARENT TR:\.CT P:\RTOF LOT 56 OP SCHOTUHLL \\-"OODS SUB:DIVISIO}.: SEC.lON2 PER PL:\T m< 1"1, PG 3:4 103,808 SQ FEET ± 2..3S3 :\CR.ES = .\P;...' 11-D5-21-Cl00.2-01:3-1120 B;..: 729 PG 158 ' -~--~---------- N 78°52'00" w 133 _ 30 , ~ ~ ~j o.f::t ~~ " 183.8' ~ FOUND CHISELED "X'' N/F '~-- ' ~ " ~ :\ B C 0 J\L;.."'J,.\GE\1ENT. LLC. :'v1AIIThTG: 419 Vill.GL'!U1.. TR:"... TEFFERSON em-, .i.'vlO 65109 ;\P.\1: 11-05-21-0002-003-020.0C3 ' ~ ' ""'-' ~ BK636 PG 512 ZONED: Pl:D USE: 1\.ET.-Ul",iRF:ST_,_UR.-',_"'"""J.-' ' ' ""'-' ~ ' ~ ' ""'-' ~, ' ""'-' ~ ' ~ ' ""'-' ' LOT2 43,546 SQ. FEET OR l.OCO ACRES ± USE: VACA..NT ' ~ '-.. "'-. 60' NO:.J-EXCI.US:V""E ESM.T '-.. ..., FOR \i"EHICCLAR AKD PEDESTRIA..h: ACCESS '-.. ' PER BK 11, PG 324, PB .A, PG 505, ' ',,'',,, "--"-~7'·'~'u~" / r-------------------------------------' ~ ' '-1 ~ ~0· ' / f.r_)-......_ 06 .........._ I "/"G. ......... .... 0 ' ~ ' ""'-' ' ~ ' ',, ~~ ' ' ' ' " '......._ PARKDJGES:\1'! 10S.i' ''J....S 355D ~ ;;,· to: .,cv -l. -j;~ o'l ~ " ~--------------------__.:'-::::_.""': ___ ~ PERBK300,PGS41~ '-(SEE EASE\.fENT EXHIBIT) .___________ ' ' " I _________ _j ' ' ' ' " ' ' ' " ' ' " ' ' " ' ' " ' /'--, I TBM#2 FOUND 1/2" REB.AR C:\PPED ''LS 355D'' N\X' CORNER OF TR.ACI PERDEEDBOOK324 P:\GE 7:!3 ~" ~' ~~ :"/F DILLOl\' RE:\L EST KIT CO., NC ~IAll])..'G: PROPERTY TA~'\: 1014 \~E S'?i""TH FLOOR CU..:CNNATI, OH 4-52m APK: 1::.-0S-21-0002-003-020.00. f\K .324 PG72.3 ZONED: PLTI LSE: GROCERY STORE I I II I I II I I II I I ~, I I I I "; I I I I I ALL T A."{ES DUE AND PAYABLE AGAINST S.A.ID PROPERTY HAVE BEEN PAID N FULL. IN ~TThJESS 'WHEREOF, TI-TE CNDERSIGNED 0\\-:...TER OF SAID pROPERTY HAS I-IEREV""l'TO SET HIS HANDS .A.ND SIGK.t\TIJRES TIDS.2:,.LDAY OF V'o/'y;; ;r , 2022. --~ 3Y, .. ·~ M~ SIEvENALB~r' . .__../_>\lm-10RIZED SIG::-JATORY, ABCO :M...>\NAGB.\1.E,1\.l L.L.C. STATE OF 11JSSOUF.l COUNTY OF COLE ON TI:IIS ~DAY OF 6,.. 2022, BEFORE ME PERSONALJ.Y, DI!) APPEARSTE"~/EN ALBERT, TO ME PERSOK-ti.LY KNO\X!N A.ND 1';£n-.rG DULY S'W'ORN, DID SAY THKfHE IS STEVEN ALBERT, ACKNOWLEDGES S.-UD INSTRUlvlENTS TO BE 'THE FREE ACT ~-\ND DEED OF SAID (.QRPORA TIOK N \'O'ITNESS \VHEREOF, I HAVE SET :fl HAND AKD AFFIXED MY SML nmZ' DAY OF~ 2022. MY COMMISSION E-XPIRES, f/z 5/ ?d(-::5~ ~ < ;J:;_ I({ ... ~YPUBLIC, COLE COUNTY. TRISTAN T CLEMENTICH Notary Public-Notary Seal STATE OF MISSOURI Cole County My Commission Expires: Sept. 25. 2025 Commission #l i023408 I, THE OTY CLERK OF THE CITY OF JEFFERSON, COUNTY OF cQ"LE, STATE OF MlSSOlJRI, HEREBY CERTIFY THA.TTI!IS PLAT WAS ~'\PPROVED B):~ THE J.LA..YOR OF THE CHY (:lFJEFFERSOX, MISSOURl, BY ORDfi.J} ..... '-.JCE NO.~=~=~­ APPROVED THIS DAYOF 20_. CARRI.E T.ERGIN, MAYOR 11ATTHEW MORASCH, P.E. DrnECTOR OF PUBLIC WORKS EMILYDONA.!-DSON, CITY CLERK LUTHER W. S:~NDERS,JR. .• A.ICP DJ:RECTOR Of. PLAN~G .A.... 'ill PROTECTIVE SER\"'1Cf.S STATE OF MISSOURI COCNT'f OF COLE FILEDFORRECORD _DAYOF 20 . AT __ O'CLOCK~>\.N""D ~1~UTES_.M - RECORDEDL'JBOOK;__,PAGE __ . JUDY K, RIDGE\\'AY, R.ECORDER DOCUMENT NO.--- I HEREBY STA:E THA.T THIS :§OUJ.'..,"'D.A....RY SURVEY IS BASED ON AN ACTUAL SURVEY ?..LIDE BY ME OR U}.,r:QER MY DIRECT' SUPERVISIO~ A.:."!D 1"HAT SAID SURV.E.Y MEET'S OR EXCEEDS THE CURRENT MISSOURI MNThill~ STA .. NDARDS FOR PROPERTY BOUNDARY si.JR\.lEYS AS ESTABLISHED BY THE lo.>ITSSO"l"RI DEPARTMENT OF .AGRICULTLJRE, LA.hD SURVEY DIVISIO:.J, A "\ill .MISSOURI BOARD FOR ARGIITECTS, PRPFESSIONAL ENGThTEERS, PROFESSIONAL LA.ND SUR\i'EYORS, ~A,l\.r""D LAJ:,JDSCA.P·F-ARCHITECTS. (URBt...N CL!\..SS PROPERTY] APRIL 4TH,2022. CERTIFICATE OF AUTHORIT':.:' #l.S-2017018510 Scale: 1" ::::;: 30' 0' 30' 60' TI-llS IS TO CERTIFY THAT li.T THE REQUEST OF STEV"'EN ALBERT, AU1HORJZED SIG:.JATORY FORABCO MA'JAGE:.viENT, L.L.C., A S"L"RV"'EY .t\J.'.rD S"L13DNISIOK WAS .MADE, UNTIER.MY PERSONAL DIRECTION REGARDING THE PROPERTY SHO'WN A.!'-"D DESCRIBED HEREON M"D THE RESULTS ARE REPRESEKTED ON 11-IIS PL-\T M""DTI!A.TS.AID SURVEY\VAS PERFORMED ll' ACCORDANCE \'XliTH II-IE REQCIREMENTS OF THE STANDARDS FOR ,1\N URBAN PROPERTI BOU""NDARY SURV""EY .t\S ADOPTED BY TBE "MfSSOURI BOARD FOR ARCHITECI'S, PROFESSIONAL ENGINEERS, AND LA!:"-."D SURVLYORS. ll' 'X'IThJESS \XIHE.REOF, I HAVE HERE"L"NTO SET :MY HAND M"D SEAL TI-llS 10TH DAY OF 1-IARCH, 2022. ~ ·------ BUCKLEY D. BLE,;~ PROFESSIONAL L.AKD SURVEYOR NO. 2015000225 STATE 0? MISSOURI MISSOURI C.O.A 2017018510 DRAWNBY&Dl' .. "TE, I REVI~W30SY, I 3:.Jl1.'TSYEDDY: ,::~s"~'MT.K 4/4/2022 1 Gc 1 JW \...,ULJ:. COUNTY~ I JOBN"c.Jll,f"BO.R! MISSOURI 21-11149.01 831 EASTL".ND DRlVE, CITY, :viTSSOCRl 65101 FOf>.. 1':-G u;;r:; AND BJ:::l'EF11" Of, AUTOZONE, INC. -~-·--- Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION May 12, 2022 5:15p.m . COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Emily Fretwell Spencer Hoogveld, Alternate Treaka Young, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Dean Dutoi Shanon Hawk Blake Markus COUNCIL LIAISON PRESENT Mike Lester, Council Liaison STAFF PRESENT Sonny Sanders, Director of Planning & Protective Services Dustin Birch, Associate City Counselor Eric Barron, Planning Manager Kortney Bliss, Planner Anne Stratman ATTENDANCE RECORD 8 of 9 9 of 9 6 of 9 6 of9 4 of 9 2 of 3 7 of 9 6 of9 6 of 9 3 of 9 Case No. P22006 -839 Eastland Drive, Final Subdivision Plat and Preliminary PUD Plan. Request filed by ABCO Management. LLC, property owner, on behalf of AutoZone Development. LLC, applicant, for a Final Subdivision Plat consisting of two lots and a Preliminary PUD Plan to construct and operate an auto parts retail sales store on proposed Lot 2. The property is located on the north side of a private commercial drive 500 feet east of the intersection of Eastland Drive and East Elm Street and is described as Part of Lot 56 of Schotthill Woods Subdivision Section 2 in the City of Jefferson, Cole County, Missouri (Spartan Engineering Solutions, LLC, Consultant). Ms. Bliss stated the applicant is requesting a Final Subdivision plat for 2.4 acres . Such plat would create two lots; one would be 1.4 acres and the other 1 acre . Both lots would remain under the existing zoning district, PUD Planned Unit Development. For the proposed 1 acre lot, approval of a Preliminary PUD Plan has been requested. AutoZone requests to build a 7,400 square foot building to house their retail business enterprise. Wesley Berlin, PE, Spartan Engineering Solutions, LLC, 2583 Pine Bluffs Court, Highland, Ml, spoke regarding this request. He stated that Spartan Engineering is a civil consultant and also the project representative for AutoZone . We are filling in a vacant portion of the existing development. This is a great site and great location for AutoZone . AutoZone is strictly a retail sales business, there are no additional services such as oil changes . It is strictly indoor sales, there is no outdoor storage. AutoZone is a low intensity use and is not a huge traffic generator. No one spoke in opposition to this request. Ms. Bliss stated that staff recommends approval of both the Final Subdivision Plat and the Preliminary PUD Plan . The proposal appears to meet all applicable requirements of the Zoning Code and the Subdivision Code for the City of Jefferson. With respect to the City Code, this request is subject to staff comments, including but not limited to those of the Public Works Department, Fire Department, and Building Division. Ms. Quigg moved and Mr. Butler seconded to recommend to the City Council approval of the AZ Jefferson City Subdivision Final Subdivision Plat. The motion passed 5-0 with the following votes : Aye : Butler, Fretwell, Hoogveld, Quigg, Young Nay : None Ms. Fretwell moved and Mr. Butler seconded to recommend to the City Council approval of the Preliminary PUD Plan for property addressed as 839 Eastland Drive . a. Establishment of an underlying zoning district of C-2 General Commercial for the purpose of determining permitted uses , signage, and lighting . The motion passed 5-0 with the following votes: Aye : Butler, Fretwell , Hoogveld, Quigg, Young Nay : None PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION May 12,2022 Case No. P22006 -839 Eastland Dl"ive, Final Subdivision Plat and Pa·eliminary PUD Plan. Request filed by ABCO Management. LLC, property owner, on behalf of AutoZone Development. LLC, applicant, for a Final Subdivision Plat consisting of two lots and a Preliminaty PUD Plan to construct and operate an auto parts retail sales store on proposed Lot 2. The property is located on the north side of a private commercial drive 500 feet east of the intersection of Eastland Drive and East Elm Street and is described as Part of Lot 56 ofSchotthill Woods Subdivision Section 2 in the City of Jefferson, Cole County, Missouri (Spartan Engineering Solutions, LLC, Consultant). Nature of Request A Final Subdivision Plat for a 2.4 acres tract is proposed. Such plat would create two lots; one would be 1.4 acres and the other I acre. Both lots would remain under the existing zoning district, PUD Planned Unit Development. For the proposed 1 acre lot (suggested to be called Lot 2 in the Final Subdivision Plat), approval of a Preliminary PUD Plan has been requested . AutoZone requests to build a 7,400 square foot building to house their retail business enterprise. A plan narrative has been provided by the applicant and is attached within the case packet. Histoay The prope1ty has been involved with a number of staff reviews and Planning and Zoning Commission cases. These have included approval of a prelimina1y plat, preliminary and final C-4 site plan, amended C-4 site plan , and revision to the C-4 site plan. Such requests have spanned a time frame of at least 1982 to 200 I. The C-4 (Planned Commercial) name is no longer in use to describe a zoning district. After the Zoning Ordinance was updated from 2001-2002 , this district today falls under the PUD name and zoning designation applicability. Zoning and Su...-ounding Land Use Zonina· PUD Use · Gravel Lot •o· Surrounding Zoning Surrounding Uses N01ih RA-2 Residential South PUD Commercial; Restaurant, Finance, Medical East PUD Commercial; Restaurant, Gas Station, Retail West PUD Commercial; Retail, Finance Analysis The following are observations of the requested Final Subdivision Plat and Preliminary PUD Plan. The proposal is subject to compliance with all portions of the City Code for the City of Jefferson, including Chapter 35 Zoning Code, Chapter 32 The Subdivision Code, and Chapter 3 Advertising and Signs . Subdivision Plat: Name: AZ Jefferson City Subdivision Acreage:2.383 Cu...-ent Number of Lots: 1 Proposed Number of Lots: 2 Lot Size: o Largest Lot: 1.383 acres o Smallest Lot: 1 acre Streets: No streets are suggested to be created as a part of the plat. Both proposed Lots I and 2 would have access to a private drive which connects to Eastland Drive. There is vehicular access through a drive positioned along the north side of the two proposed lots. Sidewalk Currently no sidewalks exist on the lot. While not shown on the Final Subdivision Plat , sidewalks are noted within the Preliminary PUD Plan . Utilities: The site appears to contain adequate access to utilities . Need for a fire hydrant at the front of the building has been identified . Planning and Zoning Commission Case No. P22006 Pa·eliminary PUD Plan: May 12 ,2022 Page 2 A proposed Preliminary PUD Plan is attached and contains several site modifications including parking lot, sidewalk, utilities, lighting, signage, and landscaping, Building Design: Total gross floor area is projected to be 7,38I square feet and have a height of I9 feet to the top of parapet wall. Building construction details must comply with Building Division and Fire Department requirements. Land Use: The narrative specifies the applicant's desire to use the site for an auto parts retail sales store. The zoning is PUD. An underlying zoning district was not noted by the applicant but for the regulation of other land uses and site specifications not laid out in the plan, the C-2 General Commercial district serves as the most appropriate underlying zoning district, Landscaping: Landscaping proposed for the site includes the placement of five red oaks along the edges of both the east and south parking lots. Under Appendix A.-Approved Planting List located in Chapter 35 of the City Code, N01thern Red Oak, having scientific name Quercus rubra, is the only red oak variety listed as an approved tree species in this Appendix . There are other oak tree species in the Appendix such as the Scarlet Oak and Shumard Oak which give variations of red fall foliage. These oak varieties at this time were not mentioned in the plan. Irrigated sod ground cover is proposed for all areas excluding building and pavement locations. The applicant suggested that nearly 28% of the site will be dedicated to pervious coverage. Lighting: Three light poles and six wall packs are suggested to be used for site illumination. The narrative states that these would all be LED fixtures that would face in a downward direction as well as be full cut off type which would be set to turn off, by timer, 30 minutes after the last employee leaves. Paa·king: Two ADA parking spaces and one loading space are outlined in the site plan. The plan notes a total of35 spaces; 26 of these on the east side of the building and 9 located on the south side of the building. Sidewalk: New sidewalks are suggested to be laid along the east and south side of the building. In addition, a sidewalk is marked to run along the private drive located to the south of the proposed structure. The sidewalk running along the private drive would connect to those near the building via a suggested sidewalk situated at the west side of the south em parking lot. Signage: Two wall signs are proposed with the southwest wall sign measuring 117 square feet and the northeast one 54 square feet. A pylon sign is also requested through the PUD Plan specifications . Such sign would be 6.5 feet by 10.5 feet and extend 30 feet in height to the top of the cabinet. This sign is shown to be located at the northeast comer of the site as shown on the Preliminary PUD Site Plan. A statement in the narrative states that this sign would be comparable to the McDonald's and Conoco pylon signs along Eastland Drive. The applicant suggests that all three signs will be internally illuminated. All other signage details not specified within the PUD Plan would need to refer to Chapter 3 Advertising and Signs with respect to the underlying C-2 General Commercial zoning designation . Ta·affic: Expected peak hour traffic is 44. In accordance with Chapter 35 Section 35-60. -Traffic impact analysis, this proposal does not generate more than I 00 peak hour trips and thus, does not require a traffic impact analysis report. Staff Recommendation Upon review ofthe request, staff recommends approval of both the Final Subdivision Plat and the Preliminary PUD Plan. The proposal appears to meet all applicable requirements of the Zoning Code and The Subdivision Code for the City of Jefferson. With respect to the City Code, this request is subject to staff comments, including but not limited to those of the Public Works Department, Fire Department, and Building Division. Form of Motion I. Motion to recommend approval of the AZ Jefferson City Subdivision Final Subdivision Plat. 2. Motion to recommend approval of the Preliminary PUD Plan for property addressed as 839 Eastland Drive. a. Establishment of an underlying zoning district of C-2 General Commercial for the purpose of determining permitted uses, signage, and lighting. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, May 12,2022, 5:15pm Item 6. -New Business/Public Hearings Case No. P22006-Final Subdivision Plat, AZ Jefferson City Subdivision, and Preliminary PUD Site Plan, 839 Eastland Drive (Existing PUD Zoning) ENGINEERING STAFF RECOMMENDATION- Recommend approval, subject to technical corrections being addressed on documents prior to the final plat and preliminary PUD plan being considered by the City Council. Filla/ Plat- Existing Infrastructure Summarv o Public infrastructure exists in the vicinity. o Storm water drainage facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • Other utilities exist in the vicinity. • Drive access is to/ from the shopping center private drives to the north and to the south of the proposed lot. • Sidewalk does not exist in the area, other than to serve individual buildings. Improvements Summarv No public improvements are proposed with this infill development. Prelimillary PUD Site Plan- Storm Water I Erosion Control • Storm water detention is not required for the site. It appears that the proposed development has a smaller proposed impervious footprint than what has been proposed previously for other potential developments for this lot. • A hydrodynamic separator inlet to capture pollutants is proposed for the site to address storm water quality requirements. All drainage facilities proposed will be considered private. • Erosion/ sediment control plans will be needed for site development during final plan submittal. Sanitary Sewer • This development is served by an existing sanitary sewer main at the southeast corner of the lot. City of Jefferson Planning and Zoning Commission LOCATION MAP RA-2 Case No. P22006 o 87 .5 175 35o Feet 839 Eastland Drive •o•:::::1•••11il Final Subdivision Plat and Preliminary PUD Plan City of Jeffers on Bo a rd of Adju stment V IC IN ITY Case 822006 o 155 310 620 Feet 839 Eastland Drive Final Subdivision Plat and Preliminary PUD Plan Sidewalk o A sidewalk is proposed along the frontage of the private drive to the 'south of the lot. This wiii connect to the adjacent properties (the various shops and convenience store to the west and the grocery store to the east). Fire Hydrants I Utilities o Existing utilities serve this area. o As per the Fire Department, an additional fire hydrant is needed in the area . Review Status of Documents- o The plat, preliminary plan and description/ details have all been reviewed and are generally in order. o Technical review comments have been sent back to the consultant for consideration, and will need to be addressed prior to the final plat being considered by the City Council. o It is expected to receive revised plans prior to the Planning and Zoning Meeting, addressing comments referenced above. City of Jefferson Department of Planning & Protective Services 320 c. McCarty Street Jefferson City, MO 65101 Phone: 573·634·6410 icplanninq®jcffcitymo.oro \VVNI.jcffcrsoncitymo.gov APPLICATION FOR SUBDIVISION PLAT ~--- \ I I i I ! ..... ····· ~ ... . - ' . . . ,-· . ~ . .. APR -?~2 2 The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following type of subdivision : ___ Preliminary Plat X Final Plat 1. Name of Subdivision: AutoZone Jefferson City M05759 2. General location: 839 Eastland Drive (within Eastland Plaza) 3. Existing/Proposed zoning: _P_U_D ___________________________ _ 4. Existing/Proposed use of the property: Existing : vacant and undeveloped; Proposed : AutoZone auto parts sales One (new) 5. Size of the property in acres: 1.00 6. Total number of lots proposed : Two (aftersolit) 7. Description of any variances to the Subdivision Regulations being requested (please note section number of the regulation below and attach a letter stating justification for the variance(s): None 8. Application filing fee : s 360.00* *Note : Application fee was paid Preliminary Plat = $500 + $5 per lot Final Plat = $350 + S5 per lot (Revised July 1. 2018) Minor Revision = $250 + $5 per lot to Preliminary Plat to the City on 3-28-22 Wesley R Berlin , PE , for Spartan Engineering Solutions, LLC Engineer Name (type or print) Buckley D. Blew Surveyor Name (type or print) Contact person for th is apQiication: Wesley R Berlin, PE Name: Spartan Eng ineering Solutions. LLC Engineer Signature '-\ c--.....__k =-·6-\ • ... _;z:_--::_,~~-· .. _=.::"-:::---··-·· Surveyor Signature 2583 Pine Bluffs Court Address: Highland , Ml 48357 Phone Number: 810-746-9928 Email : wberlin@spartan-es .com ----------------------- For Staff Use Only: Attachments : _Variance request letter Additional documentation ¥-/-").2 Date 3-31-22 Date 4-1-22 Date Nores : ---------------------------------~------ Individuals should contact/he ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under tile Americans wi th Disab ilit ies Act. Please allo w three business days to process the request. Page 1 of 5 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573·634-6410 /cplannlnq@/effcltymo.orq wwwJeffersoncltymo.gov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD} 0 !Z 0 Concept PUD Plan Preliminary PUD Plan Final PUD Plan 0 0 Amendment to Final PUD Plan Amendment to Final PUD Plan for Sign age PUD Project Name: AutoZone Jefferson City M05759 Street Address: 839 Eastland Drive Legal Description: (as follows or is attached) Part of Lot 56, Schotthill Woods Subdivision 'Section 2 Please attach or Include the following: a) Typed project narrative describing the type and character of the development, including land uses, acreage, proposed residential densities or commercial floor area (FAR); public or private open space, amenities or recreation areas to be provided; sidewalks and pedestrian ways; parking areas; deviations from minimum design standards of Section 35-51; and other information required by Section 35-74 or applicable sections of the Zoning Code. The project title and location must be included upon every page. Number all pages and attachments. b) Site Plan and/or Development Plan, as applicable . c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable; d) Draft of Covenants, Conditions and Restrictions, as applicable; e) Traffic impact analysis, if required by Section 35-60; f) Signage Plan, including type, locations and dimensions of all proposed signs; g) Landscaping and Screening Plan; h) Lighting Plan, including pole heights, type of fixtures or luminaries, and foot candles; i) Project Phasing Plan (if applicable) j) Application Filing Fee = $500 + $200 advertising fee + $20 per acre + $250 rezoning fee (if applicable) (Revised July 1, 2018) Application Information: Property Owner: Steven Albert for ABCO Management, LLC Address 419 Virginia Trail, Jefterson City MO 65109 Phone Number(s):..;:;5..:..7::..3-..;:;6.;;..90::..·..:..7;:;..;39;...;;6;__ ___________________ -:------ Applicant Name (if different from owner): Carl Helton for AutoZone Development, LLC Address 123 S. Front Street. 3rd Floor. Memphis TN 38103 ' ' .. Phone Number(s):...:9:.:0:..:.1_-4:..:.1.=.3-4....:..::.24;.:.:6=---------------------......;...---- Consultant Name: Wesley R Berlin, PE, for Spartan Engineering Solutions, LLC Address: 2583 Pine Bluffs Court. Highland Ml 48357 Phone Number(s): ....:B'-'1..:.0-..:.7..:.46=-·-=-99::2:.::8;....._ _______________________ _ Wesley R Berlin, PE I Owner 3-31-22 Printed Namemtle Date For Staff Use Only: Application Filing Fee Received. ___ _ Amount Check#._-=--~ Attachments: Narrative_ Site Pion_ Applicant/Project Information Sheet_ "Note olher information submitted on back page Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or altemative ronnats as required under the Americans wilh Disabilities Act. Please allow three business days to process the request. Page 1 of7 '-. ·--. ·-----· -· . . -----, l ., ...................... ~~~-, ......... ~ .... .. ""·",'·"·'~· ..... I -\ T _! lj -' I ., ! I ' r I (j_) '· ·,_ ,, I J 1;,· ' \ -,) {/ ) ll I \\ i)) (i - i ,, I I I I I ~ · .. · \ -.. April 6, 2022 SPARTAN ENGINEERING SoLUTIONs, LLC 2583 Pine Bluffs Court Highland, MI 48357 Ph: 810-746-9928 WW\\' .spa rll:\ll -ei\.COIJl SES Consulting Project Number: 2022-010 Project Narrative for: Proposed AutoZone Store Jefferson City M05759 839 Eastland Drive City of Jefferson, Cole County, Missouri 1. Legal Description Part of Lot 56 of the Schotthill Woods Subdivision Section 2. See proposed Final Plat for Metes and Bounds legal description. 2. Type and Character of Development The proposed Project is for construction of an AutoZone auto parts retail sales store. AutoZone is the leading retailer, and a leading distributor, of automotive replacement parts and accessories in the U.S . All AutoZone stores are company-owned and operated through its corporate headquarters in Memphis, Tennessee. The proposed 1.0 Acre site is located within the Eastland Plaza shopping center, and is currently vacant and undeveloped. The proposed AutoZone building is 7,381 square feet gross floor area, which results in a Floor Area Ratio (FAR) of 16.9 for the site . In addition to the proposed AutoZone building, other site improvements will include a parking lot, access drives , underground utilities, lighting, signage, and landscaping . 3. Sidewalks and Pedestrian Ways Sidewalk is proposed adjacent to the new parking areas around the building providing access to the store entry. A new sidewalk system is also proposed along the south side of the property adjacent to the existing share drive. This proposed sidewalk will enhance pedestrian interconnectivity between the proposed AutoZone and existing adjacent businesses. A connecting sidewalk between the southern sidewalk system and parking lot is also proposed for pedestrian access to the front of the store . 4. Parking Areas Proposed parking areas are located on the subject site south and east of the new building . 30 parking spaces are required by the Jefferson City Zoning Code, and 35 total parking spaces are provided on site . Two ADA accessible parking spaces are required, including one van accessible space, and two ADA accessible parking spaces are provided with both being van accessible . Parking areas are accessed through the existing shared roadways within the shopping plaza located on the north and south sides of the subject site. A single point of access is proposed at the north and south side of the parking areas. AutoZone Jefferson City M05759-839 Eastland Drive 4-6-22 5. Signage Two wall signs are proposed on the AutoZone building, both in compliance with the Jefferson City Zoning Code . The southwest wall sign will be 117 square feet in size with 3'-4" tall lettering . The northeast wall sign will be 54 square feet in size with 3'-0" tall lettering . Both signs will be internally illuminated. A pylon sign is proposed along the north side of the property similar in location to the existing McDonald's and Conoco signs . This proposed sign is not permitted by Jefferson City Zoning Code, and approval of the sign is requested as part of the PUD amendment process. The proposed sign will be 6.5 feet x 10.5 feet in size, 30 .0 feet in height to the top of the cabinet, and will be internally illuminated . The sign is comparable to the existing adjacent pylon signs for McDonald's and Conoco. 6. Lighting Site lighting is designed in compliance with Sec. 35 -57 of the Jefferson City Zoning Code. Three light poles will be utilized to illuminate the proposed parking and drives on site. Six wall packs on the building will provide illumination of the proposed sidewalk and parking areas directly adjacent to the building . All exterior lighting will utilize LED fixtures . All light poles and wall packs will be downward directed and full cut- off. The lighting layout is designed to minimize or eliminate illumination spill-over at the site boundary. Additionally, exterior lighting will be on a timer and shut off each night approximately 30 minutes after the last employee leaves following business closing . 7. Landscaping Red oak trees are proposed throughout the site to enhance the visual aesthetics of the property while providing shade coverage within the parking areas . Irrigated sod ground cover is proposed for all areas outside the build ing and pavement. Nearly 28% of the physical site area will be pervious coverage based on the current site layout design. City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 April 28, 2022 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, AICP, Director Phone: 573-634·6410 Fax: 573-634·6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15p.m . on Thursday , May 12, 2022, to consider the following matte rs (see map on back): Case No. P22006 -839 Eastland Drive, Final Subdivision Plat and Preliminary PUD Plan. Request filed by ABCO Management. LLC, property owner, on behalf of AutoZone Development. LLC, applicant, for a Final Subdivision Plat consisting of two lots and a Preliminary PUD Plan to construct and operate an auto parts retail sales store on the proposed Lot 2 . The property is located on the north side of a private commercial drive 500 feet east of the intersection of Eastland Drive and East Elm Street and is described as Part of Lot 56 of Schotthill Woods Subdivision Section 2 in the City of Jefferson, Cole County, Missouri (Spartan Engineering Solutions, LLC, Consultant). As a nearby landowner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways : e-mail : jcplanning@jeffcitymo.org fax : Dept. of Planning and Protective Services I Planning Division 573-634-6457 mail : Dept. of Planning and Protective Services I Planning Division John G . Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. will be included i n the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on June 20, 2022 . The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: htto :/Nvww .jeffersoncitymo.qov/governmentlplanning/plannina and zonina commission.pho If you have any questions concerning this matter, please feel free to contact 573.634.6573. Best Regards, Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as requ ired under the Americans with Disabilities Act . Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. Jefferson City Planning and Zoning Commission Property Owner List Case No P22006 839 Eastland Drive MO HWY & TRANSPORTATION COMM PO BOX 718 JEFFERSON CITY MO 65102 MCDONALD$ CORPORATION 219 E DUNKLIN ST #B JEFFERSON CITY MO 65101 JEFFERSON BANK OF MISSOURI 700 SOUTHWEST BLVD JEFFERSON CITY MO 65109 WOODLANDER APARTMENTS L L C PO BOX 77 CENTERTOWN MO 65023 BACLESSE, JOHN W TURNER, RONALD 0 %JOHN W BACLESSE PO BOX 779 JEFFERSON CITY MO 65102 MIABELLA PROPERTIES L L C 2103 EXPRESSVIEW DR JEFFERSON CITY MO 65101 MIABELLA PROPERTIES L L C 2103 EXPRESSVIEW DR JEFFERSON CITY MO 65101 ABC 0 MANAGEMENT L L C 419 VIRGINIA TRL JEFFERSON CITY MO 65109 BILL SUMMARY BILL NO: 2022-007 SPONSOR: Councilmember Fitzwater SUBJECT: Vacation of an Unnamed Alley to the Rear of the Properties in the 1600 Block of W , Main Street DATE INTRODUCED: May 16. 2022 DEPARTMENTDIRECTOR(S: __ ~~~~~~~~~-------------­ CITY ADMINISTRATOR:~~~~=~~~~~~--------------- Staff Recommendation: Approve. Summary: When approved, this item will authorize the vacation of an unnamed alley to the rear of the properties in the 1600 block of W. Main Street. Origin of Request: Andy Rackers Department Responsible: Public Works PERSON RESPONSIBLE : MATTHEW J. MORASCH, P.E./David Bange , P.E. Background Information: The lots in the 1600 block of W. Main Street were created with the General Reality subdivision in 1912 and likewise a 30-foot-wide alley at the rear of the properties. This alley has remained unimproved to this day. For that reason and with no planning document indicating a future use of this alley , its vacation would not be a disservice to the citizenry. Fiscal Information: The City will be responsible for the recording fee of the vacation document. BILL NO . 2022-007 SPONSORED BY Councilmember Fitzwater ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , VACATING AND DISCONTINUING THE RIGHT-OF -WAY OF AN UNNAMED ALLEY TO THE REAR OF THE PROPERTIES IN THE 1600 BLOCK OF W. MAIN STREET. WHEREAS, it has been shown to the Council of the City of Jefferson, Missouri, that the owners of land adjacent to and abutting upon an unnamed alley in the 1600 Block of W . Main Street in the City of Jefferson , have petitioned the City Council to vacate the right-of-way of said unnamed ailey; and WHEREAS , it has further been shown that it would not inconven ience the public or the citizens of the City to discontinue the right-of-way for public use as described in Section 1 of this Ordinance . NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1-The Council of the City of Jefferson , Missouri, hereby declares it necessary, reasonable and proper to discontinue as right-of-way and forever vacate the following described right-of-way in said City : A part of the public 30-foot-wide Alley in The General Realty Company Subdivision of theSE Y4 of the SW Y4 of Section 1, Township 44 North , Range 12 West, in the City of Jefferson , Cole County, Missouri , as described in Plat Book 2 , Page 13, of the Cole County Recorder's Office . More particularly described in Attachment A. Section 2. The statutory right of reversion in the owners of the abutting property is hereby confirmed, as is provided by the laws of the State of Missouri , and the Mayor and the Clerk of the City are hereby authorized to execute all necessary in struments required to confirm the reversionary rights of the owners of property abutting on the area vacated, as described in Section 1 of this ordinance , in the right-of-way vacated . Section 3. This Ordinance shall take effect and be in full force from and after its passage . PASSED _________ __ APPROVED ________________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk ~ City Att0re Attachment A Vacation of 30 foot wide Alley A part of the public 30 foot wide Alley in The General Realty Company Subdivision of the SE ¼ of the SW ¼ of Section 1, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri, as described in Plat Book 2, Page 13, of the Cole County Recorder’s Office. More particularly described as follows. Beginning at the Northwest Corner of Lot 12, Block 1 of the said The General Realty company Subdivision of the SE1/4 of the SW ¼ of Section 1, Township 44 North, Range 12 West, and the easterly Right-of-Way line of Ware Avenue; Thence in an easterly direction along the Northerly lot lines of Lots 12 thru 1, of Block 1, of said subdivision to the Northeasterly corner of said Lot 1, Block 1 of said subdivision; Thence in a Northerly direction along said Easterly line of said subdivision, 30 feet to the Northeasterly corner of said subdivision and the Southeasterly corner of Lot 45 of Riverhills Addition Section 3, as recorded in Plat Book 11, Page 376 of the Cole County Recorder’s office; Thence in a Westerly direction along the Northerly line of said The General Realty company Subdivision of the SE1/4 of the SW ¼ of Section 1, Township 44 North, Range 12 West, and the Southerly line of Said Riverhills Addition Section 3 Subdivision along Lots 45 thru 49, to the Southwesterly corner of said Lot 49 and the easterly Right-of-Way of said Ware Avenue; Thence in a southerly direction along the said easterly Right- of-way of said Ware Avenue, 30 feet to the Point of Beginning of this vacation description. Subject to easements of record. APPLICATION FOR VACATION OF RIGHT-OF-WAY/ALLEY/EASEMENT PUBLIC WORKS & PLANNING COMMITTEE Citv of Jefferson -Department of Public Works :f20 East McCarty Street, Jefferson City, Mls5ourf 651 01 Phone (573) 634-6410. Fax (573) 634-6562 D f . _ September 30, 2021 ate o application:. _________________ _ We, the undersigned property owners, hereby petition the City Council to vacate the following right-of-way/alley/easement: Behind properties on W Main Stand Paddlewheel Circle, JC, MO 65109 (Attach legal description of property to be vacated) PRINTED NAME M D 3 Properties LLC Forest and Una Steenbergen Bruce Connor Harold and Gloria McCombs JuHa & Cary Gampher .,r/_ SIG_tiATURE /~.1~- ..,,'!jf ~ .1\.A ~ n ADDRESS OF PROPERTY ABUTTING VACATION l628 W Main St, JC, MO 65109 1618 WMain St, JC, MO 65109 1616 W Main St, JC, MO 65109 1612 W Main St, JC, MO 65109 1606 W Main St. JC, MO 65109 1604 W Main St, JC, MO 65109 Atleile Recant"· \J~~f;N '\)_ ..t ~-1602 w Main St, JC, MO 651 09 1/ JonathanFord<andEiizabethZerr /J ::::# --1600WMainSt,JC,M065109 P~ary Contact(s) · ~ , ~28 W Main St, JC, MO 651 09) .J/:.r-::1. AdJ'nfsr .:J.re015addlewheel Circle, Jefferson City, MO 65109 (I Telephone Number(s) ~ S? .f ~ @1" ?f._ 5qi? l ·' ": MAILING ADDRESS ~ ~Paddlewheel Clr, JC, MO 65109 PHONE NO. <?t,-Gt:t(/-J"?W7 -57"3-291-7606 ~zo .. ;co -1Sfj 1{""-cl?-& !u."cx~ JL.ft.)fru1~ LLc.) ~for submitting requests for vacation ofeasements or rights-of-way as ~Appendix Y ofthe City Code $136 (June~ 2018} Individuals should contact the ADA Coon:llnator at (573) 634-6570 to request acccmmodations or alternative formats as required under the Americans with Disab17ilies Act Please allow three business days to process the request. li:1PubllcWoll<•V'onns\PW&P fomls\VACATION ROW foJm 063018.doc APPLICATION FOR VACATION OF RIGHT-OF-WAY/ALLEY/EASEMENT PUBLIC WORKS & PLANNING COMMITIEE Citv of Jefferson -Department of Public Works !20 East McCarty Strllet, Jefferson City, Missouri 65101 Phone (573) 634-641 0_ Fax {573) 834-$562 Date of application:. _________________ _ We, the undersigned property owners, hereby petition the City Council to vacate the following right-of-way/alley/easement (Attach legal descnption of property to be vacated) PRINTED NAME Gary and Sherry Zenishek Scott and Melinda Hovis \Nllllam and Elizabeth Ziegler Andre and Kimberly Grinston Phillip and Susan Klapp SIGNATURE ADDRESS OF PROPERTY ABUTTING VACATION MAILING ADDRESS 1508 W Main St,JC, MO 65109 £.A--.V\-C 1627 Paddlewheel Cir, JC, MO 65109 3A"\ f" 1629 Paddlewheel Cir, JC, MO 65109 1 .) ~ 1633 Paddlewheel Cir, JC, MO 65109 /J.a~ 1635 Paddlewheel Cir, JC, MO 65109 ~Cl..Jn.l. _, PHONE NO. '5~3 ·l.(l.f/')._ -1 ~ S13-23D· m~ f11·' ]tf l'Of1 ~5--r37 ~'..1 r, l:t_l ~ 13{/{0-~ t(, Primary Contact(s) ____________________________________________ _ Add~ss: ______________________________________________________________________________ __ yelephone Number(s)-____________________________________________________ _ Fee f.Qr submitting requests for vacation of easements or rights-of-way!!~ Appendix Y 2f the~ Code $136 !June~ 201 Bl Individuals should contact lha ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act Please anow lhree business days to process lhe request. U:\Publle Works\Fonn•II'W~P fonno\VACP.TION ROW form 063018,doo BILL SUMMARY BILL NO: 2022-008 SPONSOR: Councilmember Wiseman SUBJECT: Amending Article 11, Paid Holidays, of the Personnel Policy Manual to Include Juneteenth and Amending the FY2022 Budget to Appropriate Funds from the Public Safety Tax Fund to the General Fund for the Additional Holiday DATE INTRODUCED: May 16, 2022 DEPARTMENT DIRECTOR(S): c~~ ~ Q 2:::/\1Df0L--- CITY ADMINISTRATOR : .Jt>---,~ c Staff Recommendation: Approve. Origin of Request: Councilmember Lester Summary: This ordinance adds the language to implement Juneteenth to the list of City observed Holidays. Department Responsible: Human Resources I Administration I Finance Person Responsible: GAIL STROPE I Steve Crowell/ Shiela Pearre Background Information: Juneteenth became a Federal Holiday last year. Upon passage , many state and local organizations added Juneteenth to their regular schedule of observed holidays, including the State of Missouri, Cole County and Lincoln University. The following table was prepared by Councilmember Lester showing the City observed holidays versus Cole County , State of Missouri and Lincoln University. City employees Cole County State Holidays Lincoln University observe the Holidays (12) (13+) (13) following holidays (10+): New Year's Day New Year's Day New Year's Day New Year's Day-3 (Observ.ed) days Martin Luther King Martin Luther King Martin Luther King, Jr. Day Jr. Day Jr.'s Birthday Lincoln's Birthday (Observed) Washington's Washington's Birthday Birthday City employees observe the following holidays (10+): Cole County Holidays (12) State Holidays (13+) Lincoln University (13) Harry Truman Day Truman Day (Observed) Memorial Day Memorial Day Memorial Day Memorial Day Juneteenth (Observed) Juneteenth (Observed) Juneteenth (Observed) Independence Day Independence Day Independence Day Independence Day Labor Day Labor Day Labor Day Labor Day Columbus Day Columbus Day Veteran's Day Veterans Day Veterans Day Thanksgiving Day Thanksgiving Day Thanksgiving Day Thanksgiving Day Friday after Thanksgiving Day Friday after Thanksgiving Day Friday after Thanksgiving Day Christmas Day Christmas Day (Observed) Christmas Day 4 days (22, 23, 26, & 27) +One floating holiday may be approved by City Council. If approved, it will be added November 1 to each employee’s accrual bank. Note: Day after Thanksgiving although not listed has been traditionally authorized The Administration Committee discussed the holiday and recommended moving this ordinance forward to the full City Council. The Committee also discussed adding Washington’s Birthday (President’s Day) and Columbus Day. The fiscal impact is below. Fiscal Information: Each additional holiday would cost approximately $78,200 (net amount after deducting the reimbursement from the County and JCPS for 9-1-1 and for the School Resource Officers). This amount is related strictly to Public Safety and is a result of shift work. There could potentially be minimal costs in other City areas if the additional holiday resulted in overtime pay for other staff members throughout the City. There would also be a nominal reduction in revenue for both Parking and Transit. The Parking revenue loss would be between $500 and $1,000 each day as a result of not writing tickets and not collecting meter/hourly parking fees. The Transit revenue loss would be approximately $500 per day, as fares make up only a small percentage of revenues. The total cost including maximum loss revenue for one holiday is $79,700. For two holidays the total cost would be $159,400 and for three holidays, the total cost would be $239,100. Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-008 AMENDED SPONSORED BY Councilmember Wiseman ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING ARTICLE 11, PAID HOLIDAYS, OF THE PERSONNEL POLICY MANUAL TO INCLUDE JUNETEENTH HOLIDAY AND AMENDING THE FY2022 BUDGET BY APPROPRIATING FUNDS WITHIN THE GENERAL FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City of Jefferson, Missouri hereby accepts the additional language added to Article 11, Paid Holidays, of the Personnel Policy Manual: Section 11-1. Regular Holidays (a) All full-time and part-time employees with benefits shall receive compensation for the following holidays: a. New Year's Day b. Martin Luther King Birthday c. Harry S. Truman's Birthday d. Memorial Day e. Juneteenth f. Independence Day g. Labor Day h. Veteran's Day i. Thanksgiving Day j. Friday after Thanksgiving Day k. Christmas Day (b) When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. Employees required to work on a holiday shall be given compensatory time off or compensated in money for time worked on the holiday. Section 2. It is hereby appropriated from the General Fund as indicated on Exhibit A, attached hereto. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: _______________________________ ______________________________ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: _______________________________ ______________________________ City Clerk City Attorney CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. _____________________________ Mayor Carrie Tergin Bill 2022-08 AMENDED Exhibit A General Fund: Revenue 10-100-495995 Transfer From Surplus 78,131.66$ Expenditure 10-300-501030 Holiday Pay 26,457.35$ 10-300-502010 Social Security 2,023.98$ 10-300-502030 Retirement 4,818.71$ 10-400-501030 Holiday Pay 29,798.35$ 10-400-502010 Social Security 432.08$ 10-400-502030 Retirement 14,601.19$ BUDGET AMENDMENT FISCAL YEAR 2021-2022 BUDGET Holiday Pay FICARIMEDIR Personnel Cost-Washington's Birthday $ 56,255.69 $ 2,456.06 $ Personnel Cost-Juneteenth $ 56.255.69 $ Personnel Cost -Columbus Day $ 56.255.69 $ 2.456.06 $ 2.456.06 $ LAGERS TOTAL 19,419.90 $ 78,131.66 19.419.90 $ 78.131.66 19.419.90 $ 78,131.66 **All personnel costs are related to Public Safetv as a result of shift work. There could potentially be minimal costs to other Citv areas if the additional holiday resulted in overtime pay for staff members throughout the City. These figures take into account the reimbursements that the City receives for a portion of 9-1-1 staff and SRO staff from the County and JCPS respectively. Position Control -April 2022 5/1 0/2022 Page 1 of 1 BILL SUMMARY BILL NO: SPONSOR: Councilmember Schreiber SUBJECT: Consideration of Labor Agreement Between the City of Jefferson and the Fraternal Order of Police Missouri, Lodge #19. DATE INTRODUCED: May 16 , 2022 CITY ADMINISTRATOR: -~er--=---------+-f~L/=..:::..._.1£..4...,~%;-r-.L..__----­ Staff Recommendation: Approval -r Summary: if approved , this will implement a labor ag reement, which includes a pay plan , between the City of Jefferson (City) and the Fraternal Order of Police , Missouri , Lodge #19 (FOP), for police officers. Origin of Request: City Administrator Person Responsible: STEVE CROWELL. Background information: With the recent adoption of the Public Safety Sales Tax, the City Counci l directed staff to negotiate with the Fraternal Order of Police Missouri , Lodge #19 (FOP), a labor agreement, which includes the pay plan , for police officers . The attached memorandum and contract provide some more detai l related to t his issue . The parties recommend adoption of the proposed labor agreement (including the referenced pay plan). In order to provide sufficient opportunity for the Public Safety Sales Tax to begin accumulation , the proposed effect ive date of the agreement is July 10 , 2022 which would implement the pay plan effective w ith the July 10 , 2022 payroll period , paid to employees covered by the agreement on July 29 , 2022. The projected annual revenues generated by the Publ ic Safety Sales Ta x is approximately $2.800 ,000 per year. At the current time , City staff anticipates the Public Safety Sales Tax revenues to increase <;ipprox imately 2 % per year. The overall projected cost of the FOP pay plan for FY22 , on an annual basis , is approximately $1 ,160,035 , which will be funded by the recently approved Public Safety Sales Tax. Steven S. Crowell , Jr. City Adm ini s tr ator 310 E. McCarty Street J efferson C ity , MO 6510 1 Pho ne Number: (573) 634 -6306 Emai I: SC rowell @jeffcr soc itymo.gov MEMORANDUM To: From: Jerem y Bowman. President. Jeffe rson Ci ty Po li ce Officer s Association Missour i. Fraternal Order of Police. Lodg e# 19 Date: May 12. 1022 Re: Ci ty/Fraternal Order of Po lice Labor Agreement Prop osal Attach ed is a prop osed labo r agreement. w hich includes a pa y pl a n. between the City of Jefferson (C it y) and the Fraternal Order of Police Missouri. Lodg e# 19 (FO P). The FOP and I arc supporti ve of the agreement as proposed. The FOP and I feel the agreement is respo nsive to the intent of the voters vvho app roved th e Public Sa fety Sales Tax which became effective on Apri l I. 2021 and cons istent wi th City Cou ncil direc t ion regard ing pay for po lice officers. Th e team deve lop in g the proposed agreement includ ed FOP representa ti ves Jeremy Bowm an and Ja son Ambler on behalf of the exempt and nonexempt police (FO P) oftice rs. and C it y representat ives Gail Strope. Director of !Iuman Resources; Shiela Pearre. Int erim Director of Finance: Roger Schroeder. Chief of Police: Rya n Moeh lm a n. City Attorney: and Steve Crowell. City Administ rator. The projec ted ann ual revenues generated by the Pub l ic Safety Sales Tax is approximately $2.800.000 per year. A t the current tim e. Cit y staff antic ipates th e Public Safety Sal es Tax re ve nu es to in crease approximatel y 2% per yea r. The overa ll projected cost of the FOP pa y plan fo r FY21. on an ann ual basis. is approxi mate ly $1.16 0.035. wh ic h will be fun ded by th e recently app rove d Public Safe ty Sa les Tax . Adopti on of the proposed agree ment with the FOP provides a remai nder of fund in g to be available lor negotiati ons wi th the Int ernati o nal Association o r Fire Fighters Loca l 671. as well as some funding for the purchase of public safety equipm ent/fac iliti es improvements on an a nn ual basi s . As Council is avvare. the City"s consultant. Eve rgr ee n. is st ill conduc t ing a re view and ana ly sis of City sa laries and wages for all e mpl oyees. A brief overview of the ag reemen t and pa y plan is as fo ii O\\·s : I. The agreement, as proposed, is consistent with the City's current Personnel Manual and/or current practices. The agreement term is for a period of three years, with a procedure by which Police Officers will be compensated in the future if a new agreement is not approved prior to the termination date of the initial agreement. There is a separate agreement for exempt Police Officers and one for nonexempt Police Officers. 2. The pay plan included in the agreement: a. Is based on a 2.5% increase from one pay '~step" to the next '"step." b. When a Police Officer is promoted to one of the designated positions, the officer will move from their current '"step" to a "'step~~ within the new designation, plus an increase in "steps" as follows: when promoted to a Sergeant, one will receive a two ''step" increase; when promoted to a Lieutenant, one will receive a three "step" increase; and when promoted to a Captain, one will receive a two ""step" increase. c. Uses a beginning salary of $46,000 for an entry level Police Officer, which is fairly consistent to the 2022 salary for a City of Columbia Police Officer based on an appropriate amount of reduction for the pension contribution the City of Jefferson makes for Police Officers which the City of Columbia does not make for their Police Officers (the City of Columbia requires officers to contribute approximately 4.5o/o of their salary to their pension program). It is our understanding that the City of Columbia Police Officers collective bargaining unit is currently in negotiations with City of Columbia staff on a new labor agreement. d. Police Officer and exempt staff can "'top out" after 18 "'steps.,. The City Personnel Manual provides procedures for •·topped out" employees, which would apply to employees covered by the FOP agreement. The parties recommend adoption of the proposed labor agreement (including the referenced pay plan). In order to provide sufficient opportunity for the Public Safety Sales Tax to begin accumulation, the proposed effective date of the agreement is July 10,2022 which would implement the pay plan effective with the July I 0, 2022 payroll period, paid to employees on July 29, 2022. At this time, we plan on the agreement being ·'introduced'' to Council for second reading at the May 16, 2022 City Council meeting and for adoption at the June 6, 2022 City Council meeting. The $46,000 starting salary is less than the staff proposed $47,000 salary; however, Police Administration feels with the hiring incentive for police officers, the entry proposed level salary is effective. Additionally, the proposed plan results in a salary maximum for a Captain '"close to" more recently hired/promoted Department Directors. but the maximum is still within the current range for Captains. Attachments BILL NO. 2022-010 SUBSTITUTE SPONSORED BY Councilmember Schreiber ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, APPROVING THE FRATERNAL ORDER OF POLICE LABOR AGREEMENT AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI , BY SUPPLEMENT ALLY APPROPRIATING FUNDS WITHIN THE VARIOUS CITY FUNDS OUTLINED IN EXHIBIT A. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1 . There is hereby supplementally appropriated within various City Funds $362,097 .37 as indicated on Exhibit A , attached hereto. Section ~. The agreements attached as Exhibit B (Exempt) and Exhibit C (Non- Exempt) are hereby approved and the Mayor and City Clerk are authorized to execute the same. Section ~. This Ordinance shall be in full force and effect from and afte r the date of its passag e and approval. Pass e d : __________ _ Approved : __________ _ Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM : City Clerk City~ CERTIFICATION BY MAYOR Pursuant to Articl e Vll,~e ction 7 .1(5 .) Of the Charter of the City of Jefferson , Mi ssouri , I hereby c ertify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this b ill. Mayor Carrie Tergin REVIEWED BY FINANCE ON 5/11/2022 SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2021-2022 BUDGET General Fund: Revenue 10-100-490500 Transfer from Public Safety Tax Expenditure Police Department Salaries-501020 Holiday Pay -501 030 Social Security -502010 Retirement -502030 Public Safety Tax Fund: Revenue 55-100-490500 Transfer from (to) surplus Expenditure 55-700-590030 Transfer to General Fund $ 362,097.37 $ 362,097.37 Bill 2022-01 0 SUBSTITUTE Exhibit A $ 277,443.00 $8,460.97 $21,871.65 $54,321.75 $ 362,097.37 City of Jefferson, Missouri AND Missouri Fraternal Order of Police Lodge #19 Jefferson City Police Officer’s Association City of Jefferson City, MO FY 2022/23, FY 2024 & FY 2025 EXEMPT EMPLOYEES LABOR AGREEMENT ARTICLE I. AGREEMENT Section 1.01 – Parties. This agreement is made and entered into by and between the Fraternal Order of Police, Jefferson City Police Officer’s Association Lodge #19, herein referred to as the “Lodge,” and the City of Jefferson, Missouri, herein referred to as the “City.” Section 1.02 – Purpose. This Agreement is made for the purpose of setting forth the understandings and agreements between the City and the Lodge governing the wages, hours, terms and other conditions of employment for those employees (herein identified as “member” or “members”) included in the bargaining units as defined herein. Section 1.03 – Severability. If a court or competent jurisdiction finds any provision of this Agreement to be contrary to law, or if the City and the Lodge mutually agree that any provision is invalid by operation of law, such provision shall be of no further force and effect, but the remainder of the Agreement shall remain in full force and effect. In the event of such invalidity, the City and the Lodge will schedule a meeting at a mutually agreeable time, within thirty (30) days of one party’s written request to the other, to negotiate alternative language on the subject matter held to be or found to be invalid. Section 1.04 – Amendment of Agreement. No changes in this Agreement shall be negotiated during its duration unless the City and the Lodge agree in writing to so amend the Agreement. Section 1.05 – Conflicts. In the event that any provision of this Agreement conflicts with the City’s personnel manual or with any policies and procedures or general orders of the Jefferson City Police Department (herein after, the “Department,”) or with any other written directives issued by management, the provisions of this Agreement shall be controlling. The parties recognize that the City’s personnel manual, and the Department’s policies and procedures and other written directives will address topics not covered in this Agreement, and will provide further details about matters in this Agreement. To the extent those above-mentioned written materials do not conflict with the provisions of this Agreement, they shall be enforceable. ARTICLE II. RECOGNITION Section 2.01 – Bargaining Unit. The City, in particular to this specific agreement, recognizes the Lodge as the chief bargaining representative of the exempt commissioned police officers of the City of Jefferson, Missouri Police Department via City Resolution RS2021-18. The term “member” or “members” throughout this agreement reflects the City’s recognition of that term as exempt commissioned police officers in the City of Jefferson, Missouri Police Department. Section 2.02 – [RESERVED] Section 2.03 – Non-Discrimination. Both the City and the Lodge acknowledge and agree that there shall be no discrimination against or harassment of any employee by either party due to the employee’s race, gender, color, national origin, religion, age, disability, sexual orientation, military service status, Lodge membership status or lawful Lodge activities, genetic information, marital status, political affiliation, political activity consistent with federal, state and local law, or membership in any other category or classification that is protected by law. ARTICLE III. MANAGEMENT RIGHTS Section 3.01 – Management Rights. Except as otherwise expressly provided in this Agreement, the City retains to manage the Department, both directly and as delegated to the City Administrator and Police Chief, including but not limited to the right to: (A) Determine the mission of the City and the Department; (B) Direct the working forces; (C) Hire, classify, assign, promote, and transfer employees; (D) Suspend, demote, discipline, and discharge employees; (E) Relieve employees from duty because of lack of work or other legitimate reasons; (F) Change existing methods, operations, facilities, equipment, and type or number of personnel; (G) Promulgate, make, change, and/or revoke reasonable personnel rules, regulations, policies, and work and safety rules consistent with this Agreement and applicable law; (H) Assign work to bargaining unit and/or civilian support personnel; (I) Maintain and/or take steps to enhance the efficiency of the operation of the City and the Department; (J) Take whatever actions may be reasonably necessary to carry out the mission of the City and the Department; and (K) Nothing herein shall modify any employee’s status as being employed on an at-will basis. Section 3.02 – Rights and Responsibilities. The foregoing powers, rights, authority, and responsibilities, and the adoption of policies, rules, regulations and practices in furtherance thereof shall be exercised in conformity with this Agreement by the City’s selected management personnel. Failure of the City and/or Department to exercise any of the Management Rights enumerated above does not diminish the future ability to exercise such Management Rights. Section 3.03 – Operation of Law. Nothing in this Agreement shall be interpreted or construed in a way that would prevent the City and/or the Department from complying with any duty or obligation placed upon the City and/or Department by operation of law. ARTICLE IV. LODGE RIGHTS Section 4.01 – Lodge Representatives. At the beginning of each new calendar year, the Lodge shall provide the Department with a list of members who shall serve as official Lodge representatives for that calendar year. If Lodge fails to provide such list, the City may rely on such failure to deem that the previous year’s Lodge representatives remain in such position until an updated list is provided by the Lodge. In addition, representatives of the Lodge shall be admitted to the City’s facilities for the purpose of processing grievances, performing official Lodge business as authorized herein, and attending meetings. Section 4.02 – Bulletin Board. The Lodge shall be permitted to continue to maintain a Lodge bulletin board at the Department. Lodge bulletins, Lodge materials, and communications of interest to members shall be permitted to be posted on this board. No derogatory material shall be posted on the Lodge bulletin board. Such bulletin board shall not be used for private commercial purposes. Section 4.03 – Use of Internal Mail. The Lodge shall be permitted to use the City’s and/or Department’s e-mail and hard copy internal mail distribution systems for Lodge business, so long as the Lodge’s use does not create a burden on the City’s electronic and/or physical systems, and so long as such mail use does not hinder on-duty personnel in the performance of their duties. The Lodge shall use the e-mail system only for the purpose of communicating with its membership, the Department, and City management. The Lodge and its members acknowledge that City mail and electronic communications may also be subject to public disclosure under the State’s sunshine law, although hard-copy materials when placed in a sealed envelope clearly marked as Lodge communication shall not be subject to review by the City and/or Department. Section 4.04 – Dues Deduction. The City agrees to withhold Lodge dues on a bi-monthly basis from all Lodge members who have authorized the withholding by the completion of an appropriate form to be kept on file in each individual’s personnel record. The amount withheld will be paid to the Lodge on a time frame that coincides with pay periods, less the administrative fee charge to cover the cost of the service. The City will provide full accounting documentation on the transactions covered by this section. The Lodge agrees to keep the Employer informed of the amount of individual monthly dues to be withheld and to notify the City at least thirty (30) days in advance of any change in the amount withheld. The Lodge agrees to provide signed withholding forms to the City and to pay fifty cents ($0.50) per month per individual for the City’s administrative cost. The Lodge agrees that this payment for services shall be withheld from the monthly dues check from the City. Section 4.05 – Ballot Boxes. The Lodge shall be permitted to place a ballot box at the Department for the purpose of collecting members’ ballots on all Lodge issues subject to ballot, as long as the ballot box is presented in a way that it does not tamper with the day-to-day Department operations. Such box shall be the property of the Lodge and neither the ballot box nor its contents shall be subject to the City or Department’s review. Section 4.06 – Lodge Business. The City and Department recognize the following leave for duly elected or authorized representatives of the Lodge. (1) The City will pay full-time members who are already on duty and who serve as Lodge representatives for time spent on labor management meetings with City representatives, grievance meetings, and/or representing employees during investigatory interviews; if such task does not take away from the immediate required duties of the Lodge representative in their capacity as a police officer. This pay does not qualify for Lodge representatives who are already off duty and/or summoned to the need of a member from an off-duty capacity. All other Lodge business shall be performed on non-working time. Section 4.07 – Confidentiality. Members shall have the right to consult with a Lodge representative on a confidential basis regarding performance and disciplinary matters. To avoid any conflict between supervisory and Lodge responsibilities, all such confidential conversations shall occur only between members and Lodge representatives. Any Lodge representative, who has any supervisory responsibility over the person or issue involved, shall be excluded from serving as a Lodge representative in any way with regard to that particular issue. Further, the right of confidentiality under this paragraph shall be limi ted in that all members shall be obligated to immediately report to senior management and to answer questions about any statement reasonably indicating that an employee may have committed, or may have a current intention to commit, any crime. Section 4.08 – Release of Reasonable Records. The City shall, upon request, provide to the Lodge information and records reasonably relevant to the Lodge’s performance of its functions in serving as the chief bargaining representative of the employees in the bargaining unit. Where such information involves medical data or job-performance information, the City may require the Lodge to present a signed release from each employee covered by the request. Section 4.09 Request for Information Fee. In the event the City estimates that responding to a single information request will require the production of more than 300 pages of information that is not available in electronic format, and/or will require more than two hours of staff time to research or prepare, the City shall notify the Lodge of this fact, and the estimated charge for compliance with the request. Research and duplication time will be estimated and charged at the lowest hourly pay and benefit rate of available qualified personnel, and copies shall be estimated and charged at 10 cents per page. In no event shall the Lodge be charged if the actual cost of research, duplication, and copies is less than $20.00. Research time may include attorney time to review documents for purposes of determining closed status of requested records. Section 4.10 – Indemnification. The Lodge shall defend, indemnify and hold harmless the City in the event that a City employee should file a claim against the City for unauthorized dues deduction or release of information, and such deduction or release was pursuant to information, or a request for information, provided by the Lodge, or its members, to the City. ARTICLE V. NO STRIKE / NO LOCKOUT Section 5.01 – No Strike / No Lockout. The Lodge agrees that neither it nor any of the members covered by this Agreement will collectively, concertedly or individually engage in or participate in any strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with the work or efficient operation of the Department. The City agrees that it will not lock out any of the members covered by this Agreement. In the event of a strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with work of the efficient operation of the Department, the Lodge shall, upon receiving notice thereof, immediately give oral or written directives, with a copy to the Department, instructing those members engaged in such activity to immediately cease their strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other activity and return to their assigned duties immediately at the discretion of the Department. The Lodge’s communication shall warn that a failure to cease prohibited activities and return to their assigned duties as directed will continue to expose them to disciplinary actions, including termination, as the Department deems appropriate, and to civil action for material breach of this Agreement The failure of the Lodge to promptly so act, after notice by the Department, shall be construed to mean the Lodge sanctioned or condoned the actions of the members involved. If the Lodge does promptly so act, such actions shall be construed, absent other inconsistent acts by the Lodge, to demonstrate that it did not sanction or condone the unlawful and/or prohibited acts. The City may exercise its ability to withdraw recognition of the Lodge as set forth in Article V if the Lodge sanctions or condones the actions of the omissions prohibited by this Article. ARTICLE VI. WAGES Section 6.01 – Wages. On the effective date of this Agreement, Appendix A would become enforced in regards to wages/salary for all members. To install all current [grandfathered] members into Appendix A, the members shall enter the proper pay step in Appendix A based upon years of service and applicable promotional position with the Jefferson City Police Department at the time of this Agreement being implemented. The City Administrator and the designated Lodge Representatives shall agree on the placement of any particular members within a step set forth in in Appendix A for fiscal year 2023 and the remainder of fiscal year 2022. Members shall be advanced to the next step effective November 1 of each year, starting November 1, 2023, subject to a satisfactory or better employee evaluation within the previous 12 months. Members who are promoted prior to November 1 shall be eligible for November 1 step advancements. Once the initial installation of Appendix A is completed with current [grandfathered] members, then those members that follow this Agreement implementation will enter Appendix A accordingly. Section 6.02 – Lateral Entry. Lateral Entry candidates are defined as police officers currently employed with other law enforcement agencies. Applicants must have been a full-time non-probationary law enforcement officer with at least one (1) year of experience to be considered for a lateral transfer. Applicants will not be considered for lateral transfer if the intended separation from their recent employer or any prior law enforcement employer is due to pending termination related to disciplinary action. The lateral transfer program is not guaranteed for all entry-level officers with prior law enforcement experience. Eligibility criteria for selection into the lateral transfer program are at the sole discretion of the City Administrator and subject to change as determined by the City Administrator. In following this determination of a lateral transfer into Appendix A and beginning salary determined by the City Administrator, the beginning salary shall not exceed the salary of an existing sworn member with the same uninterrupted years of service and education. Commensurate experience and eligible years of service, when applied to Appendix A, shall be determined by the City Administrator and shall be objectively applied. Even as a lateral transfer, newly-appointed Police Officers will remain in an introductory status for a minimum of one (1) year from the date of their hire. Introductory status may be extended at the discretion of the City Administrator. Section 6.03 – Promotions. Members who are promoted will receive the appropriate wages as set forth in Appendix A for the following promotional advancements, based upon the steps of Appendix A: Sergeant to Lieutenant: Three Step Advancement. Lieutenant to Captain: Two Step Advancement. Section 6.04 – Across the Board Pay Raises. The Lodge agrees and understands that the City reviews yearly across the board wage increases and may adjust all city salaries based on such. Under Appendix A, the Lodge recognizes and understands that if such wage increase does occur to general city employees [not Lodge members] – that such increase will not be implemented into Appendix A during the duration of this contract. Refer to Section 13.02 of this Agreement for any monetary increase within Appendix A, if this Agreement enters into a continuation beyond the term. ARTICLE VII. REDUCTIONS IN FORCE Section 7.01 – Layoffs and Recalls. Lay-offs shall be in accordance with the Personnel Policy Manual. Members who are laid off in order of reverse seniority shall be placed on a recall list for up to eighteen (18) months. Members shall be recalled in seniority order. Those same members shall be required to notify the City whether they accept recall within seventy-two (72) hours after receiving a recall notice, and shall have a maximum of fourteen (14) days to report for duty. Any member who declines recall, or who does not report for duty within the specified time period shall be removed from the recall list. ARTICLE VIII. DISCIPLINE Section 8.01 – Discipline Disciplinary actions for unsatisfactory performance shall be taken in compliance with the City’s Personnel Policy Manual and the Department’s Regulations Manual 316.03, titled “Discipline.” ARTICLE IX. INTERNAL INVESTIGATIONS Section 9.01 – Administrative Investigations. Whenever a law enforcement officer is under administrative investigation or is subjected to administrative questioning that the officer reasonably believes could lead to disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss, the investigation or questioning shall be conducted in accordance with applicable state law and applicable ordinance and departmental policies. ARTICLE X. GRIEVANCE PROCEDURE Section 10.01 –Grievances. A “grievance” for the purpose of this Article shall mean any dispute over the application and/or interpretation of this Agreement. A grievance, outside the purpose of this Article, shall be brought to the attention of the supervisor or supervisors under the procedures set forth in the Personnel Policy Manual. The Lodge, for the specific purpose of a grievance in this Article, shall b e the only party permitted to file grievances. The City or Department shall not accept or process grievances filed by individual members. Individual members shall submit their potential grievances to the Lodge for evaluation. The Lodge shall evaluate potential grievances and file grievances as required by the standards of its duty of fair representation. ARTICLE XI. GENERAL PROVISIONS Section 11.01 – Uniforms and Equipment. The City and/or Department will provide all necessary uniforms and equipment for all Departmental personnel as detailed by policies and procedures. Members shall not be required to respond to any hazardous situation without the proper clothing and equipment, all properly maintained and in good working order. The City and/or Department will bear the costs of professional cleaning of all Department-issued uniforms. Section 11.02 – Policies to be Available. The City will make all policies that are applicable to members covered under this Agreement available to each member in electronic format. Members will be responsible for reading and complying with all such policies, and for asking questions about any area that is unclear to the individual member. Section 11.03 – Release of Personal Information. The City and Department agrees that it shall not release the name of members who are involved in a critical incident unless the member is criminally charged or an order is issued by a court of competent jurisdiction compelling the release of the officer’s name or as otherwise required by law. When a court order is issued in such a matter, the City and/or Department agrees to make every reasonable effort to notify the Lodge of such order so that the Lodge may intervene with the courts on behalf of the member, if it so desires. A “critical incident” for purposes of this section shall mean a use of force or duty related incident involving death or serious bodily injury of a non-employee, or death of a non-employee while in custody, or any pursuit resulting in death or serious bodily injury. Nothing in this Section shall create a personal right of action for any member and this Section is subject to the requirements of applicable state law, including but not limited to Chapter 610, RSMo. Section 11.04 – Uncompensated Work Prohibited. Bargaining unit members shall not be required as a condition of employment to participate in any uncompensated work for any charity or any special interest group. Section 11.05 – Review of Video(s). Members enjoy no expectation of privacy in videos taken by members or in videos in which a member appears. The Department may review and use patrol vehicle dash camera, body camera and other routinely prepared video for purposes of discipline where the usage of review is: (1) In response to a formal complaint or observed action(s). (2) Part of a randomly reviewed video (organized random internal audit) applied to an operational unit of the Department – completed by an employee tasked specifically with such audit assignment. (3) Part of an independent audit, or; (4) Other review done in a manner as to not single out member(s) without cause. (5) In the reasonable exercise of management rights. Before providing a formal statement in a critical incident or for the purpose of drafting official reports or documentation, members shall be permitted to review all patrol vehicle dash camera and body camera video footage associated with the incident. ARTICLE XII. COMPLETE AGREEMENT Section 12.01 – Complete Agreement. The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set out in this Agreement. Therefore, the City and the Lodge, for the life of this Agreement, each voluntarily and unqualifiedly waiv es the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, except as expressly provided for herein. Further, each party voluntarily and unqualifiedly waives the right and agrees that the other shall not be obligated to bargain collectively over any other subject during the life of this Agreement, even though such subjects or matters are not addressed herein, and may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Should matters arise during the term of this Agreement that are appropriate subjects of collective bargaining, they shall be addressed under circumstances where the City and the Lodge agree in writing to so amend the Agreement. Section 12.02 – Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto, and supersedes and replaces any and all obligations and/or agreements, whether written or oral, express or implied, between or concerning the parties and/or represented members of the City. No amendment, modification, or addition to this Agreement shall be effective unless it is reduced to writing and signed by both parties. Section 12.03 – Savings. If any article or section of this Agreement shall be held invalid by operation of law, the remainder of the Agreement shall not be affected thereby. The Parties shall enter into immediate collective bargaining for the purpose of arriving at a mutually satisfactory replacement for any article or section that has been held invalid. ARTICLE XIII. TERM OF AGREEMENT Section 13.01 – Effective Date. This Agreement shall become effective upon ratification by both parties, and shall remain in effect through October 31, 2025. At least 60 days prior to expiration of this Agreement, either party may notify the other that they wish to meet and confer in a good-faith attempt to reach agreement on the terms of the renewal or replacement of this Agreement. In the event no notice is given, this Agreement will automatically renew for repeated successive one-year periods. If notice is given, then the terms of this Agreement will remain in effect after the expiration date, until the parties either reach agreement on a renewal or replacement agreement, or until the parties reach a bargaining impasse. By signing below, the parties represent that this Agreement has been duly approved and ratified, and they agree to abide by its terms and conditions. In the event the City experiences a decline in annual gross revenue compared to the amount budgeted for the previous fiscal year as shown in the annual audit of the Ci ty, this Agreement may be terminated or modified following sixty (60) days written notice. At least thirty (30) days prior to the sixty (60) day written notice, the City agrees to notify the Lodge of this activity and agrees to meet and confer in a good-faith attempt to reach agreement on the terms of this Agreement or replacement of this Agreement, given the annual gross revenue decline. For purposes of this article, annual gross revenue shall be defined as that revenue exclusive of grants received by the City from all sources except City funds. Section 13.02 – Continuation beyond Term If this Agreement remains in effect after the expiration date, the monetary amounts for the final year of this Agreement set forth in Appendix A shall continue to increase by 2% annually, effective on the first day of the City’s fiscal year. It is the intent of this section that any individual employee who is not at the maximum cap of their respective classification range will receive a 2% increase in salary each year that this agreement continues beyond the initial term, subject to increases due to promotion. Carrie Tergin, Jeremy Bowman, Mayor President ______________________________ ______________________________ On Behalf of City of Jefferson On Behalf of Jefferson City Police Officer’s Association, Missouri Fraternal Order of Police Lodge #19 ______________________________ ______________________________ Date Date City of Jefferson Police Officer Pay Step Plan FY 2022/2023 2.50% Job Title Pay Step Annual Salary Recruit - Academy 0 Police Officer 1 $46,000.00 2 $47,150.00 3 $48,328.75 4 $49,536.97 5 $50,775.39 6 $52,044.78 7 $53,345.90 8 8 $54,679.54 9 9 $56,046.53 10 10 $57,447.70 11 11 $58,883.89 12 12 $60,355.99 13 13 $61,864.89 14 14 $63,411.51 15 15 $64,996.80 16 16 16 $66,621.72 17 17 17 $68,287.26 18 18 18 $69,994.44 Sergeant 19 19 $71,744.30 2-Step Advance 20 20 20 $73,537.91 21 21 21 $75,376.36 22 22 22 $77,260.77 23 23 23 $79,192.28 24 24 24 $81,172.09 Lieutenant 25 25 $83,201.39 3-Step Advance 26 26 $85,281.43 27 27 $87,413.46 28 28 $89,598.80 29 29 $91,838.77 30 30 $94,134.74 31 31 $96,488.11 32 32 $98,900.31 Captain 33 $101,372.82 2-Step Advance 34 $103,907.14 35 $106,504.82 City of Jefferson, Missouri AND Missouri Fraternal Order of Police Lodge #19 Jefferson City Police Officer’s Association City of Jefferson City, MO FY 2022/23, FY 2024 & FY 2025 NON-EXEMPT EMPLOYEES LABOR AGREEMENT ARTICLE I. AGREEMENT Section 1.01 – Parties. This agreement is made and entered into by and between the Fraternal Order of Police, Jefferson City Police Officer’s Association Lodge #19, herein referred to as the “Lodge,” and the City of Jefferson, Missouri, herein referred to as the “City.” Section 1.02 – Purpose. This Agreement is made for the purpose of setting forth the understandings and agreements between the City and the Lodge governing the wages, hours, terms and other conditions of employment for those employees (herein identified as “member” or “members”) included in the bargaining units as defined herein. Section 1.03 – Severability. If a court or competent jurisdiction finds any provision of this Agreement to be contrary to law, or if the City and the Lodge mutually agree that any provision is invalid by operation of law, such provision shall be of no further force and effect, but the remainder of the Agreement shall remain in full force and effect. In the event of such invalidity, the City and the Lodge will schedule a meeting at a mutually agreeable time, within thirty (30) days of one party’s written request to the other, to negotiate alternative language on the subject matter held to be or found to be invalid. Section 1.04 – Amendment of Agreement. No changes in this Agreement shall be negotiated during its duration unless the City and the Lodge agree in writing to so amend the Agreement. Section 1.05 – Conflicts. In the event that any provision of this Agreement conflicts with the City’s personnel manual or with any policies and procedures or general orders of the Jefferson City Police Department (herein after, the “Department,”) or with any other written directives issued by management, the provisions of this Agreement shall be controlling. The parties recognize that the City’s personnel manual, and the Department’s policies and procedures and other written directives will address topics not covered in this Agreement, and will provide further details about matters in this Agreement. To the extent those above-mentioned written materials do not conflict with the provisions of this Agreement, they shall be enforceable. ARTICLE II. RECOGNITION Section 2.01 – Bargaining Unit. The City, in particular to this specific agreement, recognizes the Lodge as the chief bargaining representative of the non-exempt commissioned police officers of the City of Jefferson, Missouri Police Department via City Resolution RS2021-18. The term “member” or “members” throughout this agreement reflects the City’s recognition of that term as non-exempt commissioned police officers in the City of Jefferson, Missouri Police Department. Section 2.02 – Added Classification. In the event any new full-time sworn and commissioned job classification or job position is added by the City to the Department with a rank below that of Sergeant, the City will bargain with the Lodge regarding the wage amounts and implementation of such into Appendix A. Section 2.03 – Non-Discrimination. Both the City and the Lodge acknowledge and agree that there shall be no discrimination against or harassment of any employee by either party due to the employee’s race, gender, color, national origin, religion, age, disability, sexual orientation, military service status, Lodge membership status or lawful Lodge activities, genetic information, marital status, political affiliation, political activity consistent with federal, state and local law, or membership in any other category or classification that is protected by law. ARTICLE III. MANAGEMENT RIGHTS Section 3.01 – Management Rights. Except as otherwise expressly provided in this Agreement, the City retains to manage the Department, both directly and as delegated to the City Administrator and Police Chief, including but not limited to the right to: (A) Determine the mission of the City and the Department; (B) Direct the working forces; (C) Hire, classify, assign, promote, and transfer employees; (D) Suspend, demote, discipline, and discharge employees; (E) Relieve employees from duty because of lack of work or other legitimate reasons; (F) Change existing methods, operations, facilities, equipment, and type or number of personnel; (G) Promulgate, make, change, and/or revoke reasonable personnel rules, regulations, policies, and work and safety rules consistent with this Agreement and applicable law; (H) Assign work to bargaining unit and/or civilian support personnel; (I) Maintain and/or take steps to enhance the efficiency of the operation of the City and the Department; (J) Take whatever actions may be reasonably necessary to carry out the mission of the City and the Department; and (K) Nothing herein shall modify any employee’s status as being employed on an at-will basis. Section 3.02 – Rights and Responsibilities. The foregoing powers, rights, authority, and responsibilities, and the adoption of policies, rules, regulations and practices in furtherance thereof shall be exercised in conformity with this Agreement by the City’s selected management personnel. Failure of the City and/or Department to exercise any of the Management Rights enumerated above does not diminish the future ability to exercise such Management Rights. Section 3.03 – Operation of Law. Nothing in this Agreement shall be interpreted or construed in a way that would prevent the City and/or the Department from complying with any duty or obligation placed upon the City and/or Department by operation of law. ARTICLE IV. LODGE RIGHTS Section 4.01 – Lodge Representatives. At the beginning of each new calendar year, the Lodge shall provide the Department with a list of members who shall serve as official Lodge representatives for that calendar year. If Lodge fails to provide such list, the City may rely on such failure to deem that the previous year’s Lodge representatives remain in such position until an updated list is provided by the Lodge. In addition, representatives of the Lodge shall be admitted to the City’s facilities for the purpose of processing grievances, performing official Lodge business as authorized herein, and attending meetings. Section 4.02 – Bulletin Board. The Lodge shall be permitted to continue to maintain a Lodge bulletin board at the Department. Lodge bulletins, Lodge materials, and communications of interest to members shall be permitted to be posted on this board. No derogatory material shall be posted on the Lodge bulletin board. Such bulletin board shall not be used for private commercial purposes. Section 4.03 – Use of Internal Mail. The Lodge shall be permitted to use the City’s and/or Department’s e-mail and hard copy internal mail distribution systems for Lodge business, so long as the Lodge’s use does not create a burden on the City’s electronic and/or physical systems, and so long as such mail use does not hinder on-duty personnel in the performance of their duties. The Lodge shall use the e-mail system only for the purpose of communicating with its membership, the Department, and City management. The Lodge and its members acknowledge that City mail and electronic communications may also be subject to public disclosure under the State’s sunshine law, although hard-copy materials when placed in a sealed envelope clearly marked as Lodge communication shall not be subject to review by the City and/or Department. Section 4.04 – Dues Deduction. The City agrees to withhold Lodge dues on a bi-monthly basis from all Lodge members who have authorized the withholding by the completion of an appropriate form to be kept on file in each individual’s personnel record. The amount withheld will be paid to the Lodge on a time frame that coincides with pay periods, less the administrative fee charge to cover the cost of the service. The City will provide full accounting documentation on the transactions covered by this section. The Lodge agrees to keep the Employer informed of the amount of individual monthly dues to be withheld and to notify the City at least thirty (30) days in advance of any change in the amount withheld. The Lodge agrees to provide signed withholding forms to the City and to pay fifty cents ($0.50) per month per individual for the City’s administrative cost. The Lodge agrees that this payment for s ervices shall be withheld from the monthly dues check from the City. Section 4.05 – Ballot Boxes. The Lodge shall be permitted to place a ballot box at the Department for the purpose of collecting members’ ballots on all Lodge issues subject to ballot, as long as the ballot box is presented in a way that it does not tamper with the day-to-day Department operations. Such box shall be the property of the Lodge and neither the ballot box nor its contents shall be subject to the City or Department’s review. Section 4.06 – Lodge Business. The City and Department recognize the following leave for duly elected or authorized representatives of the Lodge. (1) The City will pay full-time members who are already on duty and who serve as Lodge representatives for time spent on labor management meetings with City representatives, grievance meetings, and/or representing employees during investigatory interviews; if such task does not take away from the immediate required duties of the Lodge representative in their capacity as a police officer. This pay does not qualify for Lodge representatives who are already off duty and/or summoned to the need of a member from an off-duty capacity. All other Lodge business shall be performed on non-working time. Section 4.07 – Confidentiality. Members shall have the right to consult with a Lodge representative on a confidential basis regarding performance and disciplinary matters. To avoid any conflict between supervisory and Lodge responsibilities, all such confidential conversations shall occur only between members and Lodge representatives. Any Lodge representative, who has any supervisory responsibility over the person or issue involved, shall be excluded from serving as a Lodge representative in any way with regard to that particular issue. Further, the right of confidentiality under this paragraph shall be limi ted in that all members shall be obligated to immediately report to senior management and to answer questions about any statement reasonably indicating that an employee may have committed, or may have a current intention to commit, any crime. Section 4.08 – Release of Reasonable Records. The City shall, upon request, provide to the Lodge information and records reasonably relevant to the Lodge’s performance of its functions in serving as the chief bargaining representative of the employees in the bargaining unit. Where such information involves medical data or job-performance information, the City may require the Lodge to present a signed release from each employee covered by the request. Section 4.09 Request for Information Fee. In the event the City estimates that responding to a single information request will require the production of more than 300 pages of information that is not available in electronic format, and/or will require more than two hours of staff time to research or prepare, the City shall notify the Lodge of this fact, and the estimated charge for compliance with the request. Research and duplication time will be estimated and charged at the lowest hourly pay and benefit rate of available qualified personnel, and copies shall be estimated and charged at 10 cents per page. In no event shall the Lodge be charged if the actual cost of research, duplication, and copies is less than $20.00. Research time may include attorney time to review documents for purposes of determining closed status of requested records. Section 4.10 – Indemnification. The Lodge shall defend, indemnify and hold harmless the City in the event that a City employee should file a claim against the City for unauthorized dues deduction or release of information, and such deduction or release was pursuant to information, or a request for information, provided by the Lodge, or its members, to the City. ARTICLE V. NO STRIKE / NO LOCKOUT Section 5.01 – No Strike / No Lockout. The Lodge agrees that neither it nor any of the members covered by this Agreement will collectively, concertedly or individually engage in or participate in any strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with the work or efficient operation of the Department. The City agrees that it will not lock out any of the members covered by this Agreement. In the event of a strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with work of the efficient operation of the Department, the Lodge shall, upon receiving notice thereof, immediately give oral or written directives, with a copy to the Department, instructing those members engaged in such activity to immediately cease their strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other activity and return to their assigned duties immediately at the discretion of the Department. The Lodge’s communication shall warn that a failure to cease prohibited activities and return to their assigned duties as directed will continue to expose them to disciplinary actions, including termination, as the Department deems appropriate, and to civil action for material breach of this Agreement The failure of the Lodge to promptly so act, after notice by the Department, shall be construed to mean the Lodge sanctioned or condoned the actions of the members involved. If the Lodge does promptly so act, such actions shall be construed, absent other inconsistent acts by the Lodge, to demonstrate that it did not sanction or condone the unlawful and/or prohibited acts. The City may exercise its ability to withdraw recognition of the Lodge as set forth in Article V if the Lodge sanctions or condones the actions of the omissions prohibited by this Article. ARTICLE VI. WAGES Section 6.01 – Wages. On the effective date of this Agreement, Appendix A would become enforced in regards to wages/salary for all members. To install all current [grandfathered] members into Appendix A, the members shall enter the proper pay step in Appendix A based upon years of service and applicable promotional position with the Jefferson City Police Department at the time of this Agreement being implemented. City Administrator and the designated Lodge Representatives shall agree on the placement of any particular members within a step set forth in in Appendix A for fiscal year 2023 and the remainder of fiscal year 2022. Members shall be advanced to the next step effective November 1 of each year, starting November 1, 2023, subject to a satisfactory or better employee evaluation within the previous 12 months. Members who are promoted prior to November 1 shall be eligible for November 1 step advancements. Once the initial installation of Appendix A is completed with current [grandfathered] members, then those members that follow this Agreement implementation will enter Appendix A accordingly. Section 6.02 – Lateral Entry. Lateral Entry candidates are defined as police officers currently employed with other law enforcement agencies. Applicants must have been a full-time non-probationary law enforcement officer with at least one (1) year of experience to be considered for a lateral transfer. Applicants will not be considered for lateral transfer if the intended separation from their recent employer or any prior law enforcement employer is due to pending termination related to disciplinary action. The lateral transfer program is not guaranteed for all entry-level officers with prior law enforcement experience. Eligibility criteria for selection into the lateral transfer program are at the sole discretion of the City Administrator and subject to change as determined by the City Administrator. In following this determination of a lateral transfer into Appendix A and beginning salary determined by the City Administrator, the beginning salary shall not exceed the salary of an existing sworn member with the same uninterrupted years of service and education. Commensurate experience and eligible years of service, when applied to Appendix A, shall be determined by the City Administrator and shall be objectively applied. Even as a lateral transfer, newly-appointed Police Officers will remain in an introductory status for a minimum of one (1) year from the date of their hire. Introductory status may be extended at the discretion of the City Administrator. Section 6.03 – Promotions. Members who are promoted will receive the appropriate wages as set forth in Appendix A for the following promotional advancements, based upon the steps of Appendix A: Police Officer to Sergeant: Two Step Advancement. Sergeant to Lieutenant: Three Step Advancement. Section 6.04 – Across the Board Pay Raises. The Lodge agrees and understands that the City reviews yearly across the board wage increases and may adjust all city salaries based on such. Under Appendix A, the Lodge recognizes and understands that if such wage increase does occur to general city employees [not Lodge members] – that such increase will not be implemented into Appendix A during the duration of this contract. Refer to Section 23.02 of this Agreement for any monetary increase within Appendix A, if this Agreement enters into a continuation beyond the term. ARTICLE VII. REDUCTIONS IN FORCE Section 7.01 – Layoffs and Recalls. Lay-offs shall be in accordance with the Personnel Policy Manual. Members who are laid off in order of reverse seniority shall be placed on a recall list for up to eighteen (18) months. Members shall be recalled in seniority order. Those same members shall be required to notify the City whether they accept recall within seventy-two (72) hours after receiving a recall notice, and shall have a maximum of fourteen (14) days to report for duty. Any member who declines recall, or who does not report for duty within the specified time period shall be removed from the recall list. ARTICLE VIII. DISCIPLINE Section 8.01 – Discipline Disciplinary actions for unsatisfactory performance shall be taken in compliance with the City’s Personnel Policy Manual and the Department’s Regulations Manual 316.03, titled “Discipline.” ARTICLE IX. INTERNAL INVESTIGATIONS Section 9.01 – Administrative Investigations. Whenever a law enforcement officer is under administrative investigation or is subjected to administrative questioning that the officer reasonably believes could lead to disciplinary action, demotion, dismissal, transfer, or placement on a status that could lead to economic loss, the investigation or questioning shall be conducted in accordance with applicable state law and applicable ordinance and departmental policies. ARTICLE X. GRIEVANCE PROCEDURE Section 10.01 –Grievances. A “grievance” for the purpose of this Article shall mean any dispute over the application and/or interpretation of this Agreement. A grievance, outside the purpose of this Article, shall be brought to the attention of the supervisor or supervisors under the procedures set forth in the Personnel Policy Manual. The Lodge, for the specific purpose of a grievance in this Article, shall b e the only party permitted to file grievances. The City or Department shall not accept or process grievances filed by individual members. Individual members shall submit their potential grievances to the Lodge for evaluation. The Lodge shall evaluate potential grievances and file grievances as required by the standards of its duty of fair representation. ARTICLE XI. GENERAL PROVISIONS Section 11.01 – Uniforms and Equipment. The City and/or Department will provide all necessary uniforms and equipment for all Departmental personnel as detailed by policies and procedures. Members shall not be required to respond to any hazardous situation without the proper clothing and equipment, all properly maintained and in good working order. The City and/or Department will bear the costs of professional cleaning of all Department-issued uniforms. Section 11.02 – Policies to be Available. The City will make all policies that are applicable to members covered under this Agreement available to each member in electronic format. Members will be responsible for reading and complying with all such policies, and for asking questions about any area that is unclear to the individual member. Section 11.03 – Release of Personal Information. The City and Department agrees that it shall not release the name of members who are involved in a critical incident unless the member is criminally charged or an order is issued by a court of competent jurisdiction compelling the release of the officer’s name or as otherwise required by law. When a court order is issued in such a matter, the City and/or Department agrees to make every reasonable effort to notify the Lodge of such order so that the Lodge may intervene with the courts on behalf of the member, if it so desires. A “critical incident” for purposes of this section shall mean a use of force or duty related incident involving death or serious bodily injury of a non-employee, or death of a non-employee while in custody, or any pursuit resulting in death or serious bodily injury. Nothing in this Section shall create a personal right of action for any member and this Section is subject to the requirements of applicable state law, including but not limited to Chapter 610, RSMo. Section 11.04 – Uncompensated Work Prohibited. Bargaining unit members shall not be required as a condition of employment to participate in any uncompensated work for any charity or any special interest group. Section 11.05 – Review of Video(s). Members enjoy no expectation of privacy in videos taken by members or in videos in which a member appears. The Department may review and use patrol vehicle dash camera, body camera and other routinely prepared video for purposes of discipline where the usage of review is: (1) In response to a formal complaint or observed action(s). (2) Part of a randomly reviewed video (organized random internal audit) applied to an operational unit of the Department – completed by an employee tasked specifically with such audit assignment. (3) Part of an independent audit, or; (4) Other review done in a manner as to not single out member(s) without cause. (5) In the reasonable exercise of management rights. Before providing a formal statement in a critical incident or for the purpose of drafting official reports or documentation, members shall be permitted to review all patrol vehicle dash camera and body camera video footage associated with the incident. ARTICLE XII. COMPLETE AGREEMENT Section 12.01 – Complete Agreement. The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set out in this Agreement. Therefore, the City and the Lodge, for the life of this Agreement, each voluntarily and unqualifiedly waiv es the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter referred to or covered in this Agreement, except as expressly provided for herein. Further, each party voluntarily and unqualifiedly waives the right and agrees that the other shall not be obligated to bargain collectively over any other subject during the life of this Agreement, even though such subjects or matters are not addressed herein, and may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. Should matters arise during the term of this Agreement that are appropriate subjects of collective bargaining, they shall be addressed under circumstances where the City and the Lodge agree in writing to so amend the Agreement. Section 12.02 – Entire Agreement. This Agreement constitutes the entire Agreement between the parties hereto, and supersedes and replaces any and all obligations and/or agreements, whether written or oral, express or implied, between or concerning the parties and/or represented members of the City. No amendment, modification, or addition to this Agreement shall be effective unless it is reduced to writing and signed by both parties. Section 12.03 – Savings. If any article or section of this Agreement shall be held invalid by operation of law, the remainder of the Agreement shall not be affected thereby. The Parties shall enter into immediate collective bargaining for the purpose of arriving at a mutually satisfactory replacement for any article or section that has been held invalid. ARTICLE XIII. TERM OF AGREEMENT Section 13.01 – Effective Date. This Agreement shall become effective upon ratification by both parties, and shall remain in effect through October 31, 2025. At least 60 days prior to expiration of this Agreement, either party may notify the other that they wish to meet and confer in a good-faith attempt to reach agreement on the terms of the renewal or replacement of this Agreement. In the event no notice is given, this Agreement will automatically renew for repeated successive one-year periods. If notice is given, then the terms of this Agreement will remain in effect after the expiration date, until the parties either reach agreement on a renewal or replacement agreement, or until the parties reach a bargaining impasse. By signing below, the parties represent that this Agreement has been duly approved and ratified, and they agree to abide by its terms and conditions. In the event the City experiences a decline in annual gross revenue compared to the amount budgeted for the previous fiscal year as shown in the annual audit of the Ci ty, this Agreement may be terminated or modified following sixty (60) days written notice. At least thirty (30) days prior to the sixty (60) day written notice, the City agrees to notify the Lodge of this activity and agrees to meet and confer in a good-faith attempt to reach agreement on the terms of this Agreement or replacement of this Agreement, given the annual gross revenue decline. For purposes of this article, annual gross revenue shall be defined as that revenue exclusive of grants received by the City from all sources except City funds. Section 13.02 – Continuation beyond Term If this Agreement remains in effect after the expiration date, the monetary amounts for the final year of this Agreement set forth in Appendix A shall continue to increase by 2% annually, effective on the first day of the City’s fiscal year. It is the intent of this section that any individual employee who is not at the maximum cap of their respective classification range will receive a 2% increase in salary each year that this agreement continues beyond the initial term, subject to increases due to promotion. Carrie Tergin, Jeremy Bowman, Mayor President ______________________________ ______________________________ On Behalf of City of Jefferson On Behalf of Jefferson City Police Officer’s Association, Missouri Fraternal Order of Police Lodge #19 ______________________________ ______________________________ Date Date City of Jefferson Police Officer Pay Step Plan FY 2022/2023 2.50% Job Title Pay Step Annual Salary Recruit - Academy 0 Police Officer 1 $46,000.00 2 $47,150.00 3 $48,328.75 4 $49,536.97 5 $50,775.39 6 $52,044.78 7 $53,345.90 8 8 $54,679.54 9 9 $56,046.53 10 10 $57,447.70 11 11 $58,883.89 12 12 $60,355.99 13 13 $61,864.89 14 14 $63,411.51 15 15 $64,996.80 16 16 16 $66,621.72 17 17 17 $68,287.26 18 18 18 $69,994.44 Sergeant 19 19 $71,744.30 2-Step Advance 20 20 20 $73,537.91 21 21 21 $75,376.36 22 22 22 $77,260.77 23 23 23 $79,192.28 24 24 24 $81,172.09 Lieutenant 25 25 $83,201.39 3-Step Advance 26 26 $85,281.43 27 27 $87,413.46 28 28 $89,598.80 29 29 $91,838.77 30 30 $94,134.74 31 31 $96,488.11 32 32 $98,900.31 Captain 33 $101,372.82 2-Step Advance 34 $103,907.14 35 $106,504.82 BILL SUMMARY BILL NO: 2022-009 SPONSOR: Councilmember Wiseman SUBJECT: Salary Increase of 5% for City Employees (Excluding Police FOP Members and the City Administrator) DATE INTRODUCED: June 6 . 2022 CITY ADMINISTRATOR: ___.JtF-f---l.~.::::....__---,/~/--'"'~=>..<:;~~"'#~:....-------- Staff Recommendation: Approve / Summary: If approved, this bill would provide the authorization and funding for a salary adjustment for City Employees this fiscal year as noted below. Origin of Request: City Administrator PERSON RESPONSIBLE: STEVE CROWELL Background information: As the City Council is aware , inflationary impacts and competition for employees (i.e ., salary increases) by public and private sector employers is impacting the City's ability to retain and recruit employees particularly in safety critical functions . The proposed salary/wage adjustment would implement a 5% "across-the-board " salary/wage increase for all full-time City employees (with the exception of Police Officers covered by the FOP and City labor agreement and the City Administrator) and part-time employees with benefits. Police Officer salaries are covered by the City/Fraternal Order of Police labor agreement to be considered by the Mayor and City Council. The salary/wage implementation costs for the remainder of our current fiscal year would be approximately $491,054.50 from the funds as noted below which equates to approximately $1,146 ,087 .70 on an annual basis (based on FY22 costs): Fiscal Information: The FY2022 estimated cost are: • General Fund: • Airport Fund: • Parking Fund: • Transit Fund : • Wastewater Fund: • Parks Fund: • Public Safety Tax: Remainder of FY 22 $165,244.70 $3 ,901.47 $8 ,189.06 $26 ,600 .26 $47,263 .56 $67,150.45 $170,492.57 Annual Cost $385 ,669 .86 $9 ,105 .76 $19,112.71 $62,083.20 $110 ,309.93 $156 ,724 .58 $403,081.66 BILL NO . 2022-009 SPONSORED BY Councilmember Wiseman ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , APPROVING A SALARY ADJUSTMENT AND AMENDING THE FY2022 BUDGET OF THE CITY OF JEFFERSON , MISSOURI , BY SUPPLEMENT ALLY APPROPRIATING FUNDS WITHIN THE VARIOUS CITY FUNDS OUTLINED IN EXHIBIT A. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. There is hereby supplementally appropriated within various City Funds $488 ,842.07 as indicated on Exhibit A, attached hereto . Section~· This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ____________________ _ Approved: __________________ __ Presiding Officer Mayor Carrie Terg in ATTEST: APPROVED AS TO FORM : City Clerk City ~ CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5.) Of the Charter of the City of Jefferson , Missouri , I hereby certify that the sums appropriated in the ordinance are ava ilable in the various funds to meet the requirements of this bill. Mayor Carrie Tergin REVIEWED BY FINANCE ON 5/11/2022 Bill 2022-009 Exhibit A SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2021-2022 BUDGET General Fund: $165,244.70 Airport Fund: $3,901.47 Parking Fund: $8,189.06 Transit Fund: $26,600.26 Wastewater Fund: $47,263.56 Parks Fund: $67,150.45 Public Safety Tax Fund: $170,492.57 TOTAL $488,842.07 BILL SUMMARY BILL NO: 2021-075 COMMITTEE AMENDMENT SPONSOR: Councilmember Lester SUBJECT: Amendment to Chapter 3 (Advertising and Signs), Article III (Murals), Pertaining to Murals and Mural Permit Processing DATE INTRODUCED: January 3, 2022 PUBLIC HEARING: January 18, 2022 (referred to PW&P) BILL PENDING: June 6, 2022 DEPARTMENT DIRECTOR(S): CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: Standard ordinance amending Chapter 3 of the City Code Origin of Request: Parks, Recreation, and Forestry Department and Planning Division through the Cultural Arts Commission and the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services and Department of Parks, Recreation, and Forestry. Person Responsible: PPS - SONNY SANDERS/ Eric Barron Parks – Amy Schroeder Background Information: This bill would enact several minor changes to mural regulations and mural permit processing, including clarification of permissive use of right- of-way for murals, mural maintenance rules for certain zoning districts, and minor verbiage corrections. Please see the staff report for more information. Cultural Arts Commission Review: The Cultural Arts Commission reviewed the proposed text amendment at their meeting on August 17, 2021.The motion to recommend approval PASSED on vote of 7 in favor and 0 against. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the proposed text amendment at their meeting on December 09, 2021.The motion to recommend approval PASSED on vote of 6 in favor and 0 against. City Council: The City Council reviewed the proposed text amendment, with introduction of the bill at their January 3, 2022, meeting and pub lic hearing/bill pending at their January 18, 2022, meeting. The City Council voted first to amend the bill to retain the 500 feet separation requirement for murals, then voted second to refer the bill to the Public Works and Planning Committee for review. Public Works and Planning Committee Review: The Public Works and Planning Committee reviewed the proposed text amendment at their meeting of May 12, 2022, and voted to remove proposed changes pertaining to schools and churches and to retain the 500 feet separation requirement for murals. Public Notice: Standard public notice procedures were followed in advance of the Planning and Zoning meeting and January 18 City Council Meeting, including publication of the public notice agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case. Fiscal Information: No fiscal impact. Cultural Arts Commission Recommendation: Approve. Planning & Zoning Commission Recommendation: Approve. Public Works and Planning Committee Recommendation: Approve, with amendments. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. BILL NO. 2021-075 COMMITTEE AMENDMENT SPONSORED BY Councilmember Lester ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3, ARTICLE III, OF THE CITY CODE OF THE CITY OF JEFFERSON PERTAINING TO MURALS AND MURAL PERMIT PROCESSING. WHEREAS, the Cultural Arts Commission reviewed the text amendment at their August 17, 2021, meeting and recommended approval. WHEREAS, the Planning and Zoning Commission reviewed the text amendment at their December 09, 2021, meeting and recommended approval. WHEREAS, the City Council reviewed the text amendment and voted to refer the bill to the Public Works and Planning Committee at their January 18, 2022, meeting. WHEREAS, the Public Works and Planning Committee reviewed the text amendment at their May 12, 2022, meeting and voted to amend certain sections of the proposed text amendment and to forward to City Council. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 3-31 (Definitions) is hereby amended as follows: Sec. 3-31. – Definitions. Erect: To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. Mural: A painting, graphic design, or pictorial representation applied directly or attached to an exterior mounting surface or exterior wall that is visible from any point of any public right-of-way including public street, sidewalk or greenway trail. Any representation which identifies a business or building by logo, product, service, trademark, message, or slogan shall be considered a sign. Section 2. Section 3-34 through Section 3-38 is hereby amended as follows: Sec. 3-34. – Mural Permit Processing. A. The Director shall review and rule on mural permit applications submitted for any mural proposed within the incorporated limits of the City of Jefferson pursuant to the regulations Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. and procedures set forth below: 1. Within 30 days of submittal of an application for mural permit to the Director, an administrative hearing shall be scheduled. The application may be continued for a maximum of 60 days from the date of the first hearing. 2. The Director of Planning or designee shall notify adjoining and affected property owners within 185 feet of the mural site of the date and time of th1e hearing at which the mural permit application will be considered. The date and time of the mural permit hearing will also be posted in the local newspaper as notification to the general public. 3. The Director shall approve, deny, or conditionally approve the mural permit, with reasons. 4. The decision of the Director shall be final unless an appeal is filed within ten business days of the decision. Appeals shall be filed with the Board of Adjustment pursuant to section 35-100 of the Jefferson City Code, and shall include: a. The mural case or project being appealed,; b. Reason for the appeal; c. Printed name, address, telephone number, and signature of each appellant. B. Criteria for approval of mural permit. The Director shall approve the mural permit upon finding the mural meets the following criteria: 1. The mural meets the definition of “mural” and is not a sign or form of advertisement. 2. The mural content is not obscene. For purposes of this section, any material is obscene if applying contemporary community standards: a. The predominant appeal is to prurient interest in sex; and b. The average person would find the material depicts of describes sexual conduct in a patently offensive way; and c. A reasonable person would find the material lacks serious literary, artistic, political, or scientific value. 3. The mural conforms to the mural design and construction standards outlined in section 3-35. 4. The mural harmonizes with the structure or structures on the parcel on which it is to be painted and will not negatively impact the historic resources within Jefferson City, nor cause these resources to lose their state and national register eligibility. Murals proposed for properties within designated local historic districts or , neighborhood conservation overlay districts, or national historic register districts shall be subject to review by the appropriate review agency, as indicated below. The mural shall harmonize with the structure on which it is to be painted and will not negatively impact the historic resources within Jefferson City, nor cause the resource, or surrounding resources, to lose their local and national register eligibility. The Director shall submit the mural application to the appropriate review body: a. National Register and State districts: State of Missouri Historic Preservation Program; b. Local conservation or historic districts: City of Jefferson Historic Preservation Commission or neighborhood association, as appropriate. c. Neighborhood Conservation Overlay District: Planning and Zoning Commission. 5. In the event that the Director submits a mural permit application to a review body of Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. another government agency, the Director may allow another 60 days for the concurrent review by the City and the other government agency. When this occurs, the application shall be processed in a maximum of 90 days. 6. The artist, property owner, and if applicable, organization have provided proof of a written contract that allows the artists to paint a mural on the property. 7. The placement, height, and overall area of mural shall be as approved by the Director. Sec. 3-35. – Mural design and construction standards. A. Location. 1. Murals shall be authorized only in the commercial, mixed-use, and industrial zoning districts, or as part of a PUD Plan approved by the Planning and Zoning Commission. All applications for murals, including those proposed for location in PUD zoning districts, shall be processed in accordance with this article. 2. No mural shall be located closer than 500 feet to any other mural. B. Lighting. 1. All lighting within murals, located on murals, or directed to murals shall not exceed the maximum foot candles of illumination provided for in chapter 35, Zoning code, for the zoning district in which the mural is located and adjacent to. 2. No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any mural. No flashing, intermittent, or moving light or lights will be permitted. 3. External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, 4. Light sources that are directed upon the mural shall be effectively shielded so as to prevent beams or rays of light from being directed onto any portion of the public right- of-way or onto adjacent property; 5. Illumination or lighting device shall not reflect or shine directly into the adjacent public rights of ways in such a manner as to hamper the vision of a pedestrian, cyclist, or motor vehicle operator thereon; 6. No mural shall be so illuminated that it interferes with the effectiveness of, or obscures and official traffic sign, device, or signal. C. Construction of murals. 1. All murals shall be constructed as to be free from hazards, and shall be strongly supported with braces, posts, or cables if necessary. They shall be kept in good repair and all surfaces shall be maintained in good appearance. D. All electrical lighting shall conform to the Electrical Code. E. If the proposed mural materials are not compatible with surface mounting, the Director may allow for the mural to be placed on its own substrate, set off from the mounting surface. Sec. 3-36. – Mural types prohibited. A. After the effective date of this article, there shall be erected, constructed, or exhibited none of the following: 1. Murals or other representations which imitate or appear to imitate any official traffic Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. sign or device or which appear to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal, or which obstructs or physically interferes with a motor vehicle operator’s view of approaching, merging, or intersecting traffic; 2. Murals placed on areas of public ownership including street rights-of-way and public sidewalks, except when the applicant obtains a permissive use of right-of-way permit that a projecting mural may extend no more than 12 inches from a building over a public sidewalk; a. A mural may extend no more than 12 inches from a building over a public sidewalk; 3. Murals with moving parts, including solar, wind- or water-driven devices; 4. Murals affixed, applied or mounted above, upon or suspended from any part of the roof of a structure; 5. Murals which incorporate reflective or metallic paints or materials; 6. Murals which fail to meet the lighting standards of subsection 3-18. Sec. 3-37. – Preparation of surface and maintenance. A. A mural permit is issued with the understanding that the property owner or organization for all maintenance, repair, and removal of the mural. B. Sand and high pressure water blasting are not allowed as a cleaning process, for either surface preparation or for mural maintenance purposes in the National Register, or local historic overlay districts, or neighborhood conservation overlay districts. C. The Department shall inspect or cause to be inspected every mural in the City. The Director shall require the maintenance, repair, removal, or covering with opaque paint or other appropriate material, of any mural which is found to have been displayed in violation of this article, including any mural which is: 1. Not maintained, faded, or in disrepair; 2. Not securely affixed to a substantial structure; 3. Creating a dangerous or unsafe condition for cyclists, pedestrians, or motorists. 4. Not in conformance with this article. D. An order to maintain, remove, repair, or cover a mural may be appealed to the Board of Adjustment, pursuant to subsection 35-100 of the Jefferson City Code, who shall schedule a hearing on the matter. Sec. 3-38. – Violations and penalties. A. In case any mural is erected, constructed, reconstructed, altered, converted, or maintained in violation of this chapter or other regulations made under the authority conferred hereby, the Director or designee shall institute proper action or proceedings to: 1. Such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; 2. Restrain, correct, or abate such violation; or, 3. Prevent any such illegal act, conduct, or use. It shall be the duty of the Director to afford the offending party notice of the specific complaint by United States Mail, giving said person ten days notice of the violation(s) or anticipated violation(s) andorder the correction of the violation.B. Appeal of decisions of the Director. Where it is alleged there is an error in any order,requirement, decision^ or determination made by the Director, any aggrieved personmayappeal the order, requirement, decision^ or determination to the Board ofAdjustment in accordance with the provisions of section 35-100 of the Jefferson CityCode.C. The City has the right to remove any non-compliant mural. If the Director shall find that anymural is unsafe or insecure, is a menace to the public, is abandoned or maintained in adilapidated condition, or has been constructed or erected or is being maintained in violationofthe provisions of the chapter, written notice must be given to the organization or propertyowner thereof. If the organization or property owner fails to remove or alter the mural so as tocomply with the standards herein set forth within a reasonable time specified in such notice,such mural may be removed or altered to comply. Any expense incidental to such removal oralteration shall be charged to the owner of the property upon which the mural is located andshall constitute a lien upon the property.D. The owner of a building or premises where a violation of any provision of this chapter hasbeen committed or shall exist, or the mural artists, organization, or any other person whocommits, takes part, or assists in such violation or who maintains any building or premises inwhich any such violation shall exist, shall be deemed guilty of a misdemeanor, punishable by afine of not less than $ 10.00 and not more than $ 100.00 for each and every day that saidviolation continuesafter due notice as provided herein, but if the offense be willful, onconviction thereof, the punishment shall be a fine of not less than $100.00 nor more than$250.00 for each and every day that such violation shall continue. Any person who, havingbeen served with an order to remove any such violation, shall fail to comply with said orderwithin ten days after such service or shall continue to violate any provision of the regulationsmade under authority of this chapterin the respect named in such order, shall also be subject toan additional penalty of $250.00.E. Nothing contained herein shall prevent the city from taking such other lawful actions as maybenecessary to prevent or remedy any violation.Section 3. This ordinance shall be in full force and effect from and after its passageand approval.Passed: Approved:Presiding Officer MayorATTEST: APPROVED AS TO FORM:City Clerk Cit^^t^neyScriveners Note: Inserted text shown as thus. Deleted text shown as thys. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. BILL NO. 2021-075 SUBSTITUTE SPONSORED BY Councilmember Lester CO-SPONSORED BY Councilmembers Kemna, Ward, and Deeken ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 3, ARTICLE III, OF THE CITY CODE OF THE CITY OF JEFFERSON PERTAINING TO MURALS AND MURAL PERMIT PROCESSING. WHEREAS, the Cultural Arts Commission reviewed the text amendment at their August 17, 2021, meeting and recommended approval. WHEREAS, the Planning and Zoning Commission reviewed the text amendment at their December 09, 2021, meeting and recommended approval. WHEREAS, the City Council reviewed the text amendment and voted to refer the bill to the Public Works and Planning Committee at their January 18, 2022, meeting. WHEREAS, the Public Works and Planning Committee reviewed the text amendment at their May 12, 2022, meeting and voted to amend certain sections of the proposed text amendment and to forward to City Council. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 3-31 (Definitions) is hereby amended as follows: Sec. 3-31. – Definitions. Church: A building or structure, or group of buildings or structures that are primarily intended for conducting organized religious services and associated accessory uses. Erect: To construct, build, raise, assemble, place, affix, attach, create, paint, draw, or in any other way bring into being or establish. Mural: A painting, graphic design, or pictorial representation applied directly or attached to an exterior mounting surface or exterior wall that is visible from any point of any public right-of-way including public street, sidewalk or greenway trail. Any representation which identifies a business or building by logo, product, service, trademark, message, or slogan shall be considered a sign. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. School: Any building or part thereof which is designed, constructed or used for education or instruction in any branch of knowledge. The definition includes public and private schools at the primary, elementary, middle, junior high, or high school level Section 2. Section 3-34 through Section 3-38 is hereby amended as follows: Sec. 3-34. – Mural Permit Processing. A. The Director shall review and rule on mural permit applications submitted for any mural proposed within the incorporated limits of the City of Jefferson pursuant to the regulations and procedures set forth below: 1. Within 30 days of submittal of an application for mural permit to the Director, an administrative hearing shall be scheduled. The application may be co ntinued for a maximum of 60 days from the date of the first hearing. 2. The Director of Planning or designee shall notify adjoining and affected property owners within 185 feet of the mural site of the date and time of th1e hearing at which the mural permit application will be considered. The date and time of the mural permit hearing will also be posted in the local newspaper as notification to the general public. 3. The Director shall approve, deny, or conditionally approve the mural permit, with reasons. 4. The decision of the Director shall be final unless an appeal is filed within ten business days of the decision. Appeals shall be filed with the Board of Adjustment pursuant to section 35- 100 of the Jefferson City Code, and shall include: a. The mural case or project being appealed,; b. Reason for the appeal; c. Printed name, address, telephone number, and signature of each appellant. B. Criteria for approval of mural permit. The Director shall approve the mural permit upon finding the mural meets the following criteria: 1. The mural meets the definition of “mural” and is not a sign or form of advertisement. 2. The mural content is not obscene. For purposes of this section, any material is obscene if applying contemporary community standards: a. The predominant appeal is to prurient interest in sex; and b. The average person would find the material depicts of describes sexual conduct in a patently offensive way; and c. A reasonable person would find the material lacks serious literary, artistic, political, or scientific value. 3. The mural conforms to the mural design and construction standards outlined in section 3-35. 4. The mural harmonizes with the structure or structures on the parcel on which it is to be painted and will not negatively impact the historic resources within Jefferson City, nor cause these resources to lose their state and national register eligibility. Murals proposed for properties within designated local historic districts or , neighborhood conservation overlay districts, or national historic register districts shall be subject to review by the appropriate review agency, as indicated below. The mural shall harmonize with the structure on which it is to be painted and will not negatively impact the historic resources within Jefferson City, nor cause the resource, or surrounding resources, to lose their local and national register eligibility. The Director shall submit the mural application to the appropriate review body: a. National Register and State districts: State of Missouri Historic Preservation Program; b. Local conservation or historic districts: City of Jefferson Historic Preservation Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Commission or neighborhood association, as appropriate. c. Neighborhood Conservation Overlay District: Planning and Zoning Commission. 5. In the event that the Director submits a mural permit application to a review body of another government agency, the Director may allow another 60 days for the concurrent review by the City and the other government agency. When this occurs, the application shall be processed in a maximum of 90 days. 6. The artist, property owner, and if applicable, organization have provided proof of a written contract that allows the artists to paint a mural on the property. 7. The placement, height, and overall area of mural shall be as approved by the Director. Sec. 3-35. – Mural design and construction standards. A. Location. 1. Murals shall be authorized only in the commercial, mixed-use, and industrial zoning districts, or as part of a PUD Plan approved by the Planning and Zoning Commission. All applications for murals, including those proposed for location in PUD zoning districts, shall be processed in accordance with this article. a. Schools and churches in residential zoning districts may erect a mural in accordance with this article. 2. No mural shall be located closer than 500 feet to any other mural. B. Lighting. 1. All lighting within murals, located on murals, or directed to murals shall not exceed the maximum foot candles of illumination provided for in chapter 35, Zoning code, for the zoning district in which the mural is located and adjacent to. 2. No revolving or rotating beam or beacon of light that simulates any emergency light or device shall be permitted as part of any mural. No flashing, intermittent, or moving light or lights will be permitted. 3. External lighting, such as floodlights, thin line and gooseneck reflectors are permitted, 4. Light sources that are directed upon the mural shall be effectively shielded so as to prevent beams or rays of light from being directed onto any portion of the public right - of-way or onto adjacent property; 5. Illumination or lighting device shall not reflect or shine directly into the adjacent public rights of ways in such a manner as to hamper the vision of a pedestrian, cyclist, or motor vehicle operator thereon; 6. No mural shall be so illuminated that it interferes with the effectiveness of, or obscures and official traffic sign, device, or signal. C. Construction of murals. 1. All murals shall be constructed as to be free from hazards, and shall be strongly supported with braces, posts, or cables if necessary. They shall be kept in good repair and all surfaces shall be maintained in good appearance. D. All electrical lighting shall conform to the Electrical Code. E. If the proposed mural materials are not compatible with surface mounting, the Director may allow for the mural to be placed on its own substrate, set off from the mounting surface. Sec. 3-36. – Mural types prohibited. A. After the effective date of this article, there shall be erected, constructed , or exhibited none of the following: Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. 1. Murals or other representations which imitate or appear to imitate any official traffic sign or device or which appear to regulate or direct the movement of traffic or which interferes with the proper operation of any traffic sign or signal, or which obstructs or physically interferes with a motor vehicle operator’s view of approaching, merging, or intersecting traffic; 2. Murals placed on areas of public ownership including street rights -of-way and public sidewalks, except when the applicant obtains a permissive use of right-of-way permit that a projecting mural may extend no more than 12 inches from a building over a public sidewalk; a. A mural may extend no more than 12 inches from a building over a public sidewalk; 3. Murals with moving parts, including solar, wind- or water-driven devices; 4. Murals affixed, applied or mounted above, upon or suspended from any part of the roof of a structure; 5. Murals which incorporate reflective or metallic paints or materials; 6. Murals which fail to meet the lighting standards of subsection 3 -18. Sec. 3-37. – Preparation of surface and maintenance. A. A mural permit is issued with the understanding that the property owner or organization for all maintenance, repair, and removal of the mural. B. Sand and high pressure water blasting are not allowed as a cleaning process, for either surface preparation or for mural maintenance purposes in the National Register , or local historic overlay districts, or neighborhood conservation overlay districts. C. The Department shall inspect or cause to be inspected every mural in the City. The Director shall require the maintenance, repair, removal, or covering with opaque paint or other appropriate material, of any mural which is found to have been displayed in violation of this article, including any mural which is: 1. Not maintained, faded, or in disrepair; 2. Not securely affixed to a substantial structure; 3. Creating a dangerous or unsafe condition for cyclists, pedestrians, or motorists.; 4. Not in conformance with this article. D. An order to maintain, remove, repair, or cover a mural may be appealed to the Board of Adjustment, pursuant to subsection 35-100 of the Jefferson City Code, who shall schedule a hearing on the matter. Sec. 3-38. – Violations and penalties. A. In case any mural is erected, constructed, reconstructed, altered, converted, or maintained in violation of this chapter or other regulations made under the authority conferred hereby, the Director or designee shall institute proper action or proceedings to: 1. Such unlawful erection, construction, reconstruction, alteration, conversion, maintenance, or use; 2. Restrain, correct, or abate such violation; or, 3. Prevent any such illegal act, conduct, or use. It shall be the duty of the Director to afford the offending party notice of the specific complaint by United States Mail, giving said person ten days notice of the violation(s) or anticipated violation(s) and order the correction of the violation. B. Appeal of decisions of the Director. Where it is alleged there is an error in any order, requirement, decision, or determination made by the Director, any aggrieved person may appeal the order, requirement, decision, or determination to the Board of Adjustment in accordance with Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. the provisions of section 35-100 of the Jefferson City Code. C. The City has the right to remove any non-compliant mural. If the Director shall find that any mural is unsafe or insecure, is a menace to the public, is abandoned or maintained in a dilapidated condition, or has been constructed or erected or is being maintained in violation of the provisions of the chapter, written notice must be given to the organization or property owner thereof. If the organization or property owner fails to remove or alter the mural so as to comply with the standards herein set forth within a reasonable time specified in such notice, such mural may be removed or altered to comply. Any expense incidental to such removal or alteration shall be charged to the owner of the property upon which the mural is located and shall constitute a lien upon the property. D. The owner of a building or premises where a violation of any provision of this chapter has been committed or shall exist, or the mural artists, organization, or any other person who commits, takes part, or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall be deemed guilty of a misdemeanor, punishable by a fine of not less than $10.00 and not more than $100.00 for each and every day that said violation continues after due notice as provided herein, but if the offense be willful, on conviction thereof, the punishment shall be a fine of not less than $100.00 nor more than $250.00 for each and every day that such violation shall continue. Any person who, having been served with an order to remove any such violation, shall fail to comply with said order within ten days after such service or shall continue to violate any provision of the regulations made under authority of this chapter in the respect named in such order, shall also be subject to an additional penalty of $250.00. E. Nothing contained herein shall prevent the city from taking such other lawful actions as may be necessary to prevent or remedy any violation. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Attorney BILL SUMMARY BILL NO: 2022-003 SPONSOR: Councilmember Fitzwater SUBJECT: An Engineering Design Contract with Engineering Surveys and Services for the Ohio Street Bridge, Project No. 32174, RFQ No. 4018 DATE INTRODUCED: April 18, 2022 Staff Recommendation: Approve . Summary: When approved this bill will authorize a contract with Engineering Surveys and Services in the amount of $141 ,140.00 for the design of the Ohio Street Bridge. Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J . MORASCH , P.E./David Bange , P.E . Background Information: At the time of its last inspection , the Oh io Street Bridge was closed to vehicular traffic after its load rating was reduced, and it remains c losed today . At the January Public Works and Planning Committee meeting the committee directed Staff to look into the replacement of this bridge . To that end , an RFQ was sent out and Engineering Surveys and Services was selected for the design of this project and we are now looking to enter into a contract with them. Funding for the des ign of the bridge is proposed to be taken from the monies remaining in the contingency category of Sa les Tax G. Fiscal Information : I Account I Available ·Required Remaining I 45-99 0-578063 I $166 ,153 .22 $141 ,140 .00 $25,013 .22 BILL NO. 2022-003 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH ENGINEERING SURVEYS AND SERVICES, IN THE AMOUNT OF $141,140.00 FOR THE OHIO STREET BRIDGE PROJECT. WHEREAS, Engineering Surveys and Services has been selected as the firm best qualified to provide professional services related to the Ohio Street Bridge project. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1 . Engineering Surveys and Services is hereby approved as the best qualified firm to provide professional services and its proposal is hereby accepted . Section ~-The Mayor and City Clerk are hereby authorized to execute an agreement with Engineering Surveys and Services for the Ohio Street Bridge project. Section ~-The agreement shall be substantia lly the same in form and content as that agreement attached hereto as Exhibit A. Section 1_. This Ordinance shall be in full force and effect from and after the date of it s passage and approval. Passed : ---------------------Approved : ____________________ _ Presiding Officer Mayor Carrie Tergin ATTEST : APPROVED AS TO FORM : City Clerk City A~--- FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid RF SQ4018 -Ohio Stree t Bridge Proj ect Public Works -Opened February 10 , 2022 RECOMMENDATION: Staff recommends the award of the request for qualifications RFSQ40 18 for the Ohio Bridge Project (desi gn and construction services to rep lace the Ohio Street bridge over Wears Creek an d improvements t o the brid ge approaches) to Engineering Surveys and Serv ices of Jefferson City, MO. This bid was evaluate d by Public Work's staff and was awarded to the most quali fied vendor. The contr act amount is for $141,140.00. BIDS RECEIVED: Engineering Surveys and Services, J efferson City, MO Bartlett and West, Jefferso n C i ty, MO CFS Engin eers, Jefferson City, MO This bid was posted on B o nfire . Bid notification s we re sent to 1,747 vendors ofwhi ch 10 were recommended vendors by t h e D e partment. FISCAL N OTE: Expend ed or Acco unt Nu mb er Descri ption FY 2022 Encumbered Bid Amo unt Balance Budget Am ou nt Contingency-Sales Tax G Funds-Capita l 45-990-578063 * Improvements $166,153.22 $0 $141,140.00 $25,013.22 Bid Total $141,140 .00 *A new account number w ill be created upon approval of the contract for this specific project. ATTACH MENTS-SUPPORTING DOCUMENTA TION Signarure: ~ti . a ~~4 '--.- mch mg Agent 11 22 From: To: Subject: Date: Leigh Ann, Bange Dayjd Corrjgan Lejgh Ann Ohio Street Bridge RFQ Thursday, February 17, 2022 9:04:47 AM Our Committee met and discussed the three submittals that we received. I have scored the three responses in Bonfire based on the consensus that was reached at that meeting. We believe that ES&S would be best suited for this project. Since this is a new process I am not sure what the next step should be but we would like to move begin the development of the scope and fee with ES&S when we reach that point. Thanks. David Bange, P .E. City Engineer City of Jefferson 320 E. McCarty Street Jefferson City, MO 65101 Phone(573)634-6433 .l ft.}• E l\S 0 N RFSQ4018-01/22-Ohio Street Bridge Project Scoring Summary Active Submissions 1 T t 1 l T h : 1 Capactty and l Past Record of · 1 ! Experience and I . I · · • 1 ° a ! ec ntca Ca ability P f I I Competence p ~ -·----·-------1-----·--------1--·--~------- Supplier . I /100 pts I /40 pts .•_. . I /30 pts p Engineering Surveys & Services Bartlett & West CFS Engineers 92 91 89 36 28 36 27 35 27 Generated on Apr 11 , 2022 3:30 PM COT -Leigh Ann Corrigan Page 1 of 1 28 28 27 CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and Engineering Surveys and Services, hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain services for the design of the Ohio Street bridge and related improvements, hereinafter described in Exhibit A. WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for the design of the Ohio Street bridge and related improvements, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor for the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson's Public Works Department and in accordance with the rates and/or amounts stated in the bid of Contractor, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed One Hundred Forty-One Thousand One Hundred Forty Dollars and Zero Cents ($141, 140.00). 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall perform professional services for the design of the Ohio Street bridge and related improvements, as set forth in Exhibit A, within four hundred twenty-five (425) calendar days from the date last executed by a party as indicated below. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or 2 have any contractual relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 6. Contractor's Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subcontractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 8. Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen's Compensation Program of the City. 9. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 10. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, by sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 11. Notice to Proceed. The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the 3 effective day of such termination. The City reserves the right to terminate this contract for convenience by giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may with cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney's fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a whole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 17. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the information furnished by the City. 18. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 4 19. Indemnity. To the fullest extent pennitted by law, the Contractor will defend, indemnify and hold hannless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting from the perfonnance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 20. Insurance. Contractor shall provide, at its sole expense, and maintain during the tenn of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than "A," that shall protect the Contractor, the City, and the City's officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City's sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 21. Documents. Reproducible copies of tracings and maps prepared or obtained under the tenns of this contract shall be delivered upon request to and become the property of the City upon tennination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 22. Books and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 23. Nonsolicitation. The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, 5 brokerage fee, gifts, or contingent fee. 24. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages. 25. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 26. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney's fees and expenses incurred in such action. 27. Notices. All notices required or permitted herein under and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: City of Jefferson Department of Law 320 East McCarty Street Jefferson City, Missouri, 6510 I If to the Contractor: Engineering Surveys and Services Attn: Chris Y ameli 802 El Dorado Drive Jefferson City, MO 65101 [Signatures to Follow on Next Page] 6 CITY OF JEFFERSON, MISSOURI ENGINEERING SURVEYS & SERVICES Carrie Tergin, Mayor Title: Date: ___ _ Date: ---- ATIEST: ATIEST: City Clerk Title: APPROVED AS TO FORM: Exhibit A Estimate or NTE 000 Proposal $ 100 Research $ 200 Survey (Topo/Boundry/AlTA) $ 210 Survey (Staking & layout) $ 220 Survey(As-Built) 230 Machine Control $ 300 Design Engineering $ 135,140.00 400 All Things lab 407 Drilling I Geo Report $ 6,000.00 $ 141,140.00 $ 74,000 KEG $ 5,300 Timberlake Notes Touk Dcsiqn Enqinoerinq Schematic Des!lln S<:oolnA w Client Preparinq Propos.:~ll ~pe of Services ConS1ruction Ooeuments TASK A DaHl Coll ection 3nd Concept Pl ans I Prchnin.::lry Site Visit 2. Design Tc.:~.m seeping meeting with City St.:11T 3, Prep:lre Meeting Minutes 4 Collect Md re\'iew :av.:1ibblc d.:1tn: 4 .1. City LIDAR. ocrial photo. GIS d:uo -l .2. Exis tinu utilit y data Total 4.3. 1\\ail.:~.blc City drnin.:1gc ca.lcubtions, floodplain HEC· RAS models, No·Rlse ccrtific:uions in the Qre.l 4 4. Pro~rt ~ Q,,ncrship lnfornl:lti on (Sec GIS) 4 5. Prep:trc Suney scope ofwod.;: for City (, Prcp:are l'rchmin:uy Concept PIJ.ns 61 Orid ge T~-pic.:tl CrOS1 Section 6 2 OH~rall plan Yiew df3\\U1SS showing project lin'Ats 6.3 Pl:tn 'iew dnm mgs showing initi.ll gr.tding limits 6 4 Profile dm\\ings sho,,ing ,·ertic3.1 :ilignm:.'Tl1 \\ith gr:wJes Md curve lengths 6 S. Prcp:lf'e pl.:1n \iew aerial photo exhibits for Interested Parties Meeti ng 6.6 Opini on of Prob:lble Construction Cost 6. 7 Desi&n te:tnt intern:>.! re\ iew 6.8 Pro Bress meeting "ith J efferson City Public Works (JCPW)st:tfl' 6 'J l'rep:lfe progress meeting minutes 6 10 Address JCPW Conuncnts 7. Public McetinHS 7.1. l)rcp:vc nil displays nnd documents needed for :m open house-style Interested PJrtil."S (W) meetin g. P~1rk Bonrd meeting, :md Pu blic Works Doard meeting. Int erested P:u1ies (:llso referenced o.s stlkeholders) include O\mcrs :md residents of proper1i es on :md :1dj::acent to the project 3nd ot her stnl..eholdcrs identified "ith the concurrence of JCPW s t:tfl' 7 2 Open House IP Mectiny 7.2 I. Prc:p:uc: dtspk1ys a.nd documents needed for meetlng. 7.2 2 Assist the: City in conducting :md nttmd :ln open houk·.S I)Ie IP ~ling. 7.3 Par\. Do:ud ~l cetinu 7.3 I. PIJn :md prcpnre dis pl3)" :u~d documents needed for nledmg 7 3 2 Assis t the City m presenting the pi~ to the P:1rk llo:1rd 7 4 Publ1c Wor-Ls :md Oc\·domc:nt Commillcc Meeting 7 4.1. Pl:tn and prepare dlspbys :u1d documents need ed for ntectmg 7.4.2 Assist th e: City in presenting the plans to the Publ1c Worl..s Uonrd 8 City Council l~ublic Bearing 8, I Prep:ve prcscntotion m.1tcri:ds for .:1 briefing to Ci ty COlu lcil describing the project develo pment to d:ue, includ ing:\ summary o f the public in\'OI\·ement process . TAS K D. l'llf:l.IMINA ilY PLANS I 0, Utility Coordmntion Mcc1 ing 10 I Prep:ue Concepl Plan Dra\\ings to be sent to utility reprcsent:ui,·es as PDFs and/or h:lrd copies. 10 2 , Conduct one (I) uttlity coordination lllee'ting IU 3 Prcp:lre meetmg minutes I I. Pu.•p:uc Prdunin~· Pl ans II I Emironmental Cle:tr:mces II 1.1 SHPO ) II I 2 USACE 404 pcmut (Assumes N::~.tion\\ide Permit II 1.3 ThreJtcned :md End.:1ngered Species II I A . FE~I.t\ Floodpl:t.in (scope :l.Ssumes City .:~.ppro,·ed No-R1.sc and C11y f-l oodplain Dcvclopmc:nt pern'At only. othc: r FEll. lA leiters ofm.1p ch:Jngc not included) 11.2 11.3 11.4. Title s heet General notes sheet Survey conlrolt><>ints and l.:1yout shl.-et Prinei le PLS t58 t 36 0 0 SurvPM PElt PE I El 95 ! s 147 Is t 36 0 0 0 0 I t t t t 0.5 0.5 I 2 2 0.5 t I 2 0.5 I • t 2 2 t 2 4 8 0 0 0 0 0 0 0.5 2 2 I t • 2 8 t 2 t6 8 0.5 t CAD Tech Field Tech 95 s 72 $ 64 0 0 2 2 2 2 4 0 2 4 1 t 2 Admin 64 0 s s s s s s $ $ $ $ $ s s $ s s $ $ s $ $ s $ $ 242.00 242.00 147.00 73.50 73.50 t47.00 294 .00 294 .00 2t7.50 291.00 481 .00 217 .50 527 .00 147.00 484 .00 95.00 962.00 760.00 217.50 464.00 95.00 527.00 1.342.00 337 .00 3,1t2.00 t 45.50 2t900 144.00 Trips ll.:S T~pic:~.l cross sections 11.6 o,em/1 Plan View Sheet 0.5 11.7. Ohr o Street Pl3n·Profde Sheet s \\lth gr::tding lirrits 0.5 II 8. Intersecti on layouts ILK. I. Side S1rec1S I I.K2. Trail crossings 11.8.3. Dri\·cw:tys 11.9. P:wemcm m.'Vking ;Uld si1!,11:1 J:!~ pbn (CrosswaJk r--t---t---f--T--f----f.----f.--4 ---+---j s•sn "ith sobr JX)\\ered be:1eon) 11.1(1 P:n erncnt dr:tin:1gc S)o'Stcm b~out :u1d profiles II II l.igluong pl:m 11 .12. Dnd ge Pl:w 11.13 Tempor:uyTrnffic Comrol per MUTCD 11.14 City of Jefferson Stand:trd Dct:lil.s 11.15. Cross sections c,·cry 50 feet nnd intcrseclions/dri' C\\ :-~ys II.J6. Fr eid rc\icw 11 .17. Oprm on of Probable Cost II.IK II 19 Design Te:un lntcmnll~ene\\ Address JCPW Comments TA SK C. Jti G II T-OF-W,\ Y rt.,~\NS 12 E:tScment Oesenpt•ons Property desc riptions :md dispb.y dr:1win~s for nil needed peml.'l.nC'nt :l.nd tempomry e:tSemcniS (c:stim."''tc 4 dcscriphons ) ·n,e Ci ty will ::1cquirc the needed e3.Scmcnts. 13 Prcp:uc R1gh t-of-W:ay P13nS 13.1. Title Sheet 13.2 Qq:r:lll Pl:\n Vie\\-Shec1 I 33 Pnrc:c l Tabul:uion 13.4. fllrul J'1rofile Sheet s '' ith c:tSemen t tu1d right -of- '':I.Y l.1bcls 13.5. prof1les 13.6. 13 7 13.8 . Fuul P."'~' eme nt drainage system byout nnd No-Rise DocumentJtion Design Te:'lm lntem;tl RC\IC'\\ Address JCPW C onuncnts T AS K D. FINA L I'LA NS, SI'ECS & ESTIMATt:S (PS .~E) I 1-t Prep:uc F1nll Plans (Afier rig_ht Of\\a)/cascmcnts :~.re ::1cquncd) 1.1 I Title sheet 14 2 General notes sheet I~ 3 QuJ.niiiY sheets 14 .4 Suncy comrol poims :md b you1 sheet 14.5. Typical cross sections 14.6. 0 \cr:tll Pl:~.n View Sheet 14. 7. JlJan-Pr ofile Sheets ''ith gr:Kiing hnuts 14 8 Spccml in tersection b) out sheds 14 9 Pa,cmentjomt plan 14.10 Pa\emcnt n'l.'lfking and srgnage pbn (Crosswllk sign mth solar po\\Cred beacon) 14 .11. Jla,ement drain:tgc sys tem In~ out nnd profiles 14 .12. Rct:timng wall plans 14.12.1 Loc:uion design :uul profiles 14.12.2. S tructural details 14.13 . L1ghtmg pl.m 14.14. Ondge l'bns 14.15 TempomryTr:UficCo ntrol per M UTCD 14 16 Eros ten C'o n1rol D nm mgs an dct:trls 1-1.17 C rt) of Jefferson St:md:ud Oct:trl s I ~.IK Crou sechons c,·c~' 50 f«t :tnd mtcrsccttons/dri ' cw.ays l .J.I'J. FieltlHc,icw 14.20. Send Final Pl:m POFs to utihty rcprcscnt:tii\'CS for coordination 1.J 21 Op1mon of ))rob:J.ble Cost and 01d Form 14.22. Tedtruc.ll specs~ specLl lJHO\lSIOns 14.23. Desrgn Te!\m l nt em!ll Rc' rew 14.2-1 Address JCPW Comments 12 0.5 05 05 12 0 .5 0.5 0.5 0.5 05 05 0 5 0 ,5 291.00 2 17.50 361.50 962.00 962.00 772.00 1,342 ,00 1.630.00 <:18.00 876.00 <35.00 <35.00 8 70.00 484.00 527.00 588.00 1,5«.00 962.00 1.728.00 294.00 962 .00 109 .50 36.00 1,391.00 36.00 109.50 145 .50 625 .00 1,486.00 312.50 217 .50 29 1.00 294 .00 294 .00 484 .00 219.00 1'5.50 72 .00 217 .50 95.00 95.00 527.00 1.3-48.00 588.00 962.00 W:ltor Quality Documcnt1 SWPPP Hydt:aufic Rcpcwt Elosion and Sediment Conrrol Oesig'l (lypeln••<itlonali<cm )r~]~~~~~~~[~[~[~~~~]~~~-05 (type in additional item) (tYPe in addllonaJ item) (type in add tiona! item) (type in additional item) 833.50 Outside Oo.slQn Team Coordination Bridge OcsiWl by Kas kaskia Site UQhting Landscape Oesi~ Total 0 Bidding ProC\Il!!!!lfll Soec:ifications. Contract Documents Pte bid meetin~ Ou~ons. Addenda. etc. Bid Comparision and Bid T abuJa!3on, R Altend Bid ()pcninR ecommcnd Award (type in ad(ftional ilcm) (type in addtlonlllllcml (type in ad(ftional it em) Total 0 Construction Admini,tration Pte-Construction Meeting Shop Orev.inQS Celeetrieal) Shop Ora\'AAQS (&tructural) Shop OraWnps {sewef) Shop Orav.inps (plumbinQ) etabons Construction Questions I OraWnn lntercx Ens;neeri~ Supplimentallnstructioos or Proposal Requests Site Vis.its (0 v isits) nch U st Substanti al Completion Site Vi si t and Pu Review Monthly pay apps As-buiUs and Final Inspection idQe Submittal to MoOOT (type in additional it em) (type in addtionaf it em) (type i n addtionaf item) Tot~tl 0 Expendllbles Plotting, Postage, Etc (5 copies of pf'o}e ct manual) Lodging As·Bult Survey ~i:>neous~:;---==== r.t.reage (rOllld trip) TitUeWork. a•butll ftvD e in addtionN Item) (rype in addtionBI Item) Total 0 '[rips_ 0 112 0 2 1 2 ' 0 0 8 1 2 8 0 0 ' 2 0 0 10 6 0 0 0 0 M.des 1 0 0.6 $ 5,300.00 $ 139 132 0 0 $ 119.2 33.00 8 $ 1,190.00 $ 1 $ 389.00 $ 588.00 $ -$ $ $ $ 9 0 0 0 $ 2,1 67.00 $ 294.00 0.5 $ 47.50 0.5 $ 47.50 05 $ 47.50 $ $ 1,176.00 $ $ $ $ 8 $ 1,120.00 2 $ 416.00 $ $ $ 1.5 10 0 0 $ 3,1 48.50 i 0 0 0 0 $ 0 $ 124,548.50 SubtotJI ContingenC'I 9% $ 10.586.62 Contingency $ 135,135.12 Total Estimate s 13S,l40.00 NTE s 135,130.00 Uno Item 400 Task Pr!nclplo PE I El CAD Tech Field Tech Admin Trips s 158 s 136 95$ 72$ 84$84 402 · ---~~=:s::.j,;.,.'0~,::.,6:l&a.-:o_;c±~iti~r::.i:;ikE~·-=-~~~~~~~~t1::TI~:;~~~~~~~~ml]lt21~~~§ Drill Rig Excavator Skid Steer-Mobilization/load/unload Skid Steer-Operation mileage Load & Unload MobUizationnoad/unload Support Vehicle (per day) Feel Auger DrUiing -No SampUng Feet Auger DrUling -Sampftng Coring 403fT~-·.:_.::·;~-,_-~ .. }~:~;'·'~~.:-: =~~c~:,:':J~"'t.iiu_a· · ··--.. ····-~·····- __ ·...:.~.-.:...-.:.:--·:.-. MobHizationnoadlunload 308 Mini (12' depth) 320 exc. ($189 add $21 for grapple) Skidstcer (w/1 operator and 1 laborer) Trucldng Drill Rig Over Night Per Diem 406!!l...mP~~~9~-:Z.i:=~~-- Jars Shelby Tubes Moisture Conten1 Particle-Size Analysis, Wei Sieve Hydrometer Analysis Material Finer Than #200 Sieve Specific Gravity Alterberg Limits (LL,PL&PI) Shrinkage Limit Dry Density of Undisturbed Sample Unconfined Compression Triaxial (Q), Multistage Consolidation Test Swell Proctor-Standard Proctor-Modified Relative Density Califomia Bearing Ration Flex WaD Perm. FaUing Head Perm. pH and sulfates Time Creating Report Bound Reports Proctor Samples (agg) Sieve and PI Fine Aggregate Testing Sieve, -200, SG, Del, Lightweight, Clay Coarse Aggregate Testing MoOOT •'-- Sieve. -200, SG. Del, Tor E Pieces Samplo Pick up Reporting 408 Total s 112 s 150 $ 210 $ 170 $ 120 $ 140 $ 100 18 10 98 84 70 70 56 80 34 53 350 450 205 140 170 385 300 320 260 Hr Hr Hr Hr Hr Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Ea Subtotal $ s $ $ ~~~~Pv~~ill~~~~iiiiiim: $ $ Subtotal $ $ $ $ $ $ Is l£tn.#1'0YI ~ 4o9:.~ i~~fcUQrnfflftci'iiil&ttlivif~iic.,·~.-:. .. ::=_.' :::li:~~~SZ2~:2~flliD~~rEJ:~~~~~,:a:z:~~~~~ ~~:fi~arthWorl< fill 1---+---+---t---+---+----t : ~~~::,and utilities 1----+----1----l-----+----+----t : Proof Roll 1---+--+----+---+---+----1 $$ Subgrade AggBa~ ............ .p~~~~====~~~~~~==~$$ Nudear Density Guage fl Reporting '----...L...---'-----1---...L...---..1.---..J S - Profit Total 10% $ 409 Tolal S Subl olal 410 Foun<QUono (lnclud<!s Travel Time) Subgrade Obs<!IVI\100 F001ings Observallon P1er Obsetvabon Repon.ng I I 410 Total S Subtotal 411 R elnforcement Observations (Includes T~vet nT~==E==E==:t===E===E==3 Foollngs FoundaUon Walls Relalnlng Walls Slab·on·grade Stairs Line hom Elevated Slab Beams/Girders Columns Loadong Dock E><1 Stairs/Stoops Stdewa!k Pavement Masonry Reportl\g 411 Totol s .t12 Concrete, Mortu, an d Grout (Includes Travel T1 Concreto Plant lnspec:uon mel Foot ong s super spea.l footmg Foundauan W1Us Sla~rade Stan Elevated Stabs Beams/Girders Columns Loadong Dock E><lerlor Sto~s/S1oops Re ta ining Wall Curb and Guuer 1 Ramps Pavement Sidewalk Monar/Grout Monar/Grout for CMU CyiiCube/Prism Potkup Mortar Cube GroutPnsm Cyinder 4 X8 Eoeh Cyinder 6X12 EaCh Reporu>g 4 12 413 Aophlft TuUng (Includes Travel Time] core densdy tesung 413 core dril l generator rental core drilong Reponlf\g Task Steetlnsoec.tlons 415 Sttuc1urul Sloel Precast Con nections Bobs Shear Studs Oec.kln g COnnechons Bar Joists Weld lnspectoon Total S ~ Total 0 S Prin clpte EnQineer $ 158 s 136 Sets Sets Sets Sell 40 185 s Eo Eo $ Subtot,al Per5el s 22.00 Per Set s 2400 Per Set $ 15.00 Per Set $ 16.50 78 SubtOIII 0 SubtOI•l El CAD Ttch SpcllnDCir Admin 95 s 72 $ 85 s 64 Is Is s s (type In oddotlonolum) (!ype In o ddiiJOnolum) (!ype in add110nalcem) UT Equipment Ren111 Repon.og 175 41 5 416 Fnm1ng 4 16 Shear wall obsetva:Uon Repon..ng 417 F ire Proonng - F•re Rated Walls Re~'1JnQ 417 Oth or Ta sks 4t8 (type In add~ional hm) (type In add~lonal dcm) (type in addition al Jtcm) (type In addiiJOnal•em) RepononQ 4t8 4 19 Mlseollanoous Mol cago (round 1~p) I Total 0 Total o I I 0 0 0 Tnps Rate M ~o a go 0 0.6 Proht 10% NTE I I 0 0 Subtotal 0 Subtotal Estima te I ~ -I s s s s s s I s Ll S;;._ ___ __,I Subtota l I s 6,ooo.oo I Profit Total REPLACEMENT OF THE OHIO STREET BRIDGE OVER WEARS CREEK KASKASKIA ENGINEERING GROUP, LLC ESTIMATE OF HOURS Tasks Manager Principal CPMl Prolocl Eng ProJIICt Admlnllfratlon Projoct Man11gement and Coordination 18 Meetings 9 Invoicing. 9 Management Review 2 Quality Assurance 4 Subtotol Hours 2 40 0 Subtotlll Labor COif SBCO.OO $10 cco.oo so. co Brtttg11 Altomwt~va Anm•,. COnceptual Design COncept.levcl Cost Estlmato Brldgo AltematMis Memo QualitY contol 8 Subtotal Hours 0 0 8 Subtotlll Labor COif so.oo so.oo $1121).00 BrfdQII Prollmlnary Dulgn TY!Ie Size and L.ocatlon {TS&L) -Design 2 TY!Ie Site and Location {TS&ll-Plan Development QualitY COntol 8 Subtotal Hours 0 0 10 Subtotlll Labor Coif so.oo so.oo $1400.00 Brtdge Final Dulgn and Production (Jbsumu sproad box boamJ S~e Via~ 6 Dock Design 4 Girder/Beam Design 4 Abutment Analysis 8 WinQWeD Analysis & DcteiUng 2 Foundation Analysis 4 SOismlc Design 1 Job SPecial Provisions 1 Quantities/Bar BRI 8 Addro&l QA/QC Comments 4 Address .l'gell_cy Comments 4 correspondence 4 Final Bridge Plans Development 20 Load Rating (Assumes Agency provides AASHTOWARE License) 4 SI&A form preparation 2 Subtotal Hours 0 0 76 Subtotlll Labor COif so.co $0.00 $10,640.00 Blfdlle Pro.l.ettlntl and COnlfnlt:tlon SUDDOn Pro-Bid COnference Oncludes travel time\ 8 Bridge RFI ReSJ)OniCS (Assumes 1 RFI) 4 Shop Drawing Review of Girders and Bearings 2 As-Built Bridge Plana 2 Subtotal Hours 0 0 16 Subtotlll Labor Coif so.co $0.00 $2240.00 Ratoa (Includes direct labor, proftt and overhead) $300.00 $250.00 $140.00 Direct cost: Mileage (2 rounds trips from BcDavillo ta Jefferson City) I SOOimUes IS 0.581 Meals I 21daya I$ 28.00 I TOTAL DIRECT EXPENSES TOTAL LABOR Total Hours TOTAL 31912022 StolfEng Tech IV Admin Hours 18 9 9 18 2 4 0 0 9 51 so. co $0.00 $1125.00 $11 725.00 16 16 4 4 8 8 8 28 0 0 36 $2,940.00 $0.00 so.oo $4,060.00 16 18 24 24 8 16 24 0 50 $1680.00 $3120.00 so.oo sa 2oo.oo 6 8 12 8 12 16 24 4 6 8 12 2 3 2 3 24 32 8 12 8 12 4 8 40 160 220 8 12 4 6 144 160 0 380 $15120.00 $20800.00 so.oo $46560.00 8 4 8 10 4 8 14 12 8 0 36 $1260.00 $1 040.00 so.oo $4,540.00 $105.00 $130.00 $125.00 I $348.00 I $56.00 I $404.00 $73 085.00 5531 I $73,489.00 I David Bange, PE City Engin eer City of Jefferson 320 E McCarty St Jefferson City, MO. 65101 Dear Mr. Bange: March 9, 2022 Revised March 29, 2022 RE: Pro f es sional Services Proposa l Ohio Street Bridge Thank you for the opportunity to submit this proposal for civil engineering services for the above referenced project. We understand this project to include design of a single span structure over Wears Creek. The structure will have a driving surface that is a minimum of 24 feet wide with a 10-foot-wide pedestrian walkway on the downstream side of the structure that is e levated six inches above the driving surface. The City's desire is to have the structure match the architectural design of the Dunklin Street Bridge including patterned concrete created with form liners, railings, and lighting. The request is to design a structure that will improve the existing hyd raulic capacity of the bridge to the greatest extent possible without causing harm to downstream structures or negatively impact downstream water surface elevations. The No-Rise approval will be done through City staff. We are providing a detailed outline for the Scope of Services in Attachment A. We will be happy to discuss our scope and fee should you have questions or wish to adjust the scope. We ask that you review the scope in detail to ensure we are proposing what has been discussed and we have not added services or neglected any service you wis h . It is our intention to provide your project as desired at a reasonable fee. We would propose a Not-to-Exceed fee of $141,130. Bills will be submitted monthly based upon 2022 Standard Fee Schedules ES&S as well as Kaskaskia Engineering Groups We will begin work upon Notice-to-Proceed and the survey information being provided to our team {we are providing a schematic of what we believe will be needed from your survey staff). It is our understanding that you wish to bid the project in March of 2023 and you will need approximately 2 months for advertisement and approval process. Ohio Street Bridge March 29, 2022 Page 2 We provide many additional services that can be added to this proposal upon request. Examples include stormwater detention and BMP design, landscape design, and construction quality control observation/testing. All hardcopy prints, shipping fees , & permit fee s are a reimbursable expense in addition to the fees noted above. Invoices will be sent monthly and you agree to pay these invoices within 30 days of the date of the invoice. If the proposed scope of services, fees, and payment conditions meet your approval, we will begin preparing a contract. Plea se do not hesitate to co ntact us with any questions or concerns. Respectfully, Chris Yarnell, PE Branch Manager ATTACHMENT A-SCOPE OF BASIC SERVICES March 9, 2022 Revised March 29,2022 OHIO STREET BRIDGE City of Jefferson -Public Works Department PROJECT DESCRIPTION: The Ohio Street Bridge project will include replacement of the Ohio Street bridge over Wears Creek and improvements to the bridge approaches including the intersections with Wears Creek Greenway, storm water collection system and piping, lighting, and pedestrian and bicycle accommodations. Design services will include: geotechnical engineering and pavement design, bridge design, roadway design, hydraulic analysis and storm water management design, environmental clearance services/permits, utility coordination, lighting design, limited bid phase and construction phase services, and as-built bridge plans. Concept plans, preliminary plans, and final plans, specifications and cost estimates will be produced. Engineering Surveys and Services will be assisted by Kaskaskia Engineering Group for structural engineering required for the project. Custom Engineering will provide pedestrian lighting as a subconsultant on the project. Surveying information will be provided by the City of Jefferson staff. TASK SUMMARY The following is a summary of the tasks associated with the scope of services to be provided by Engineering Surveys and Services (ES&S) for this project. A. Data Collection and Concept Plans B. Preliminary Plans C. Final Plans, Specifications, and Estimates D. Bid Phase Services E. Construction Phase Services F. As-Built Bridge Plans for submittal to MoDOT Bridge Inventory, DETAILED SCOPE OF WORK TASK A. Data Collection and Concept Plans I. Preliminary Site Visit 2. Design Team scoping meeting with City Staff 3. Prepare Meeting Minutes 4. Collect and review available data: 4.1. City LIDAR, aerial photo, GIS data liPaoc ::-l::ngiueain,~ SurPeys & Senices Attachment A-Scope of Services --------5•U!; 1)5-! OHIO STREET BRIDGE REPLACEMENT City of Jefferson -Public Works Department ~-· ~-·~ --~~~---~---~~~·---- 4.2. Existing utility data 4.3. Available City drainage calculations, floodplain HEC-RAS models, No-Rise certifications in the area 4.4. Property Ownership Information (provided by City of Jefferson, See GIS data) 4.5. Survey data to be performed by City staff and sealed by Missouri Professional Land Surveyor in AutoCad format. Reasonable direction will be provided by ES&S for information to be provided. 5. Prepare Preliminary Concept Plans 5 .1. Bridge Typical Cross Section 5.2. Overall plan view drawings showing project limits 5.3. Plan view drawings showing initial grading limits 5 .4. Profile drawings showing vertical alignment with grades and curve lengths 5.5. Prepare plan view aerial photo exhibits for Interested Parties Meeting 5.6. Opinion of Probable Construction Cost 5. 7. Design team internal review 5.8. Progress meeting with Jefferson City Public Works (JCPW) staff 5.9. Prepare progress meeting minutes 5.10. Address JCPW Comments 6. Public Meetings -not provided at this time TASK B. PRELIMINARY PLANS 7. Geotechnical Investigation includes two (2) borings at centers of bridge ends 7 .1. Office Preparation 7 .2. Field Reconnaissance 7.3. Collect Soil Boring Samples and Logs 7.4. Drill Rig rental 7.5. Prepare Geotechnical Report 7.6. Design Team Internal Review 7.7. Analysis of the existing historic retaining wall is not included. 8. Utility Coordination Meeting 8.1. Prepare Concept Plan Drawings to be sent to utility representatives as PDFs. 8.2. Conduct one (I) utility coordination meeting 8.3. Prepare meeting minutes 9. Prepare Preliminary Plans 9 .1. Environmental Clearances: 21 P au e :::;.. fngilleerin~.: Surl'eys & Servict!s Attachment A-Scope of Services --------s,,,., 19).: OHIO STREET BRIDGE REPLACEMENT City of Jefferson-Public Works Department 9.1.1. SHPO 9.1.2. USACE 401 & 404 permit ES&S and/or associates to perform if applicable 9 .1.3. Threatened and Endangered Species 9.1.4. FEMA Floodplain (scope assumes City approved No-Rise and City Floodplain Development permit only, other FEMA letters of map change not included) 9 .2. Title sheet 9.3. General notes sheet 9.4. Survey control points and layout sheet 9.5. Typical cross sections 9.6. Overall Plan View Sheet 9.7. Ohio Street Plan-Profile Sheets with grading limits 9 .8. Intersection layouts 9.8.1. Side Streets 9.8.2. Trail crossings 9.8.3. Driveways 9.9. Pavement marking and signage plan (Crosswalk sign with rapid flash beacon) 9.1 0. Pavement drainage system layout and profiles 9.11. Lighting plan, including electric conduits and wiring details 9.12. Bridge Plans 9.13. Temporary Traffic Control per MUTCD 9.14. City of Jefferson Standard Details 9.15. Cross sections every 50 feet and intersections/driveways and at points of interest 9 .16. Field review 9.17. Opinion of Probable Cost 9.18. Design Team Internal Review 9.19. Address JCPW Comments TASK C. RIGHT-OF-WAY PLANS I 0. Easement Descriptions-not included 11. Prepare Right-of-Way Plans-not included TASK D. FINAL PLANS, SPECS & ESTIMATES (PS&E) 12. Prepare Final Plans (After right of way/easements are acquired) 12.1. Title sheet 12.2. General notes sheet 12.3. Quantity sheets 31 Page fngilzeerin~ Sun•ey,· & Services Attachment A-Scope or Services --------5111(1' 1954 OHIO STREET BRIDGE REPLACEMENT City of Jefferson~ __ P~blic Wo~ks D~partment 12.4. Survey control points and layout sheet 12.5. Typical cross sections 12.6. Overall Plan View Sheet 12.7. Plan-Profile Sheets with grading limits 12.8. Special intersection layout sheets 12.9. Pavement joint plan 12.10. Pavement marking and signage plan 12.11. Pavement drainage system layout and profiles 12.12. Retaining wall plans 12 .12.1. Location design and profiles 12.12.2. Structural details 12.13. Lighting plan, including electrical conduit and wiring details 12.14. Bridge Plans. Scope of work assumes: spread box beam bridge with one tall abutment and one integral abutment. Significant design variation may require a design fee amendment. 12.15. Temporary Traffic Control per MUTCD 12.16. Erosion Control Drawings and details 12.17. SWPPP 12.18. City of Jefferson Standard Details 12.19. Cross sections every 50 feet and intersections/driveways/point of interest 12.20. Field Review 12.21. 12.22. 12.23. 12.24. 12.25. Send Final Plan PDFs to utility representatives for coordination Opinion of Probable Cost and Bid Form Technical specs and special provisions Design Team Internal Review Address JCPW Comments TASK E. BID PHASE SERVICES 13. Attend Pre-Bid Conference 14. Respond to Questions/Prepare technical and engineering parts of Addendums 15. The City will provide the administration of bid documents, including distribution of bid documents, maintaining a bidders list, collection of money and distribution of addenda. TASK F. CONSTRUCTION PHASE SERVICES 16. Attend Pre-Construction Meeting 17. Review Shop Drawings and Materials Certifications 18. Provide file for project staking in AutoCAD format. 19. Provide answers to questions that may arise during the course of construction. 20. City will provide all other Construction Phase Services 41 Page J:'ngineering SwTe,f" ,~ Services Attachment A-Scopl! of Services --------s"'"' J:JS-' OHIO STREET BRIDGE REPLACEMENT City of Jefferson -Public Works Department --r-~---~----~-----··--- TASK G. CONSTRUCTION MATERIALS TESTING SERVICES-not included TASK H. AS-BUILT BRIDGE PLANS 21. As-built survey of the bridge structure 22. Prepare as-built plans and prepare for submittal to MODOT Bridge Inventory Additional Services upon request. Utility Potholes for exact location and depth Special Construction Inspections 51 Page Attachment A-Sl:opc of Services E11giueeri11J,t Suneys (~ Services --------smce 1.?54 NOTES : Professional Services Hourly Fee Schedule January 1, 2022 SERVICE OF: RATE: :::~:~:(~:~:i:r.:~c ::.:.:·:::::.:::::::::::::.::::.:.:·.:·:.:::::::::::::::::::.::::::::·:::::::::::::·~:.L ~:::::.:::i.~:?.::~:~.~::~?.~.~ .... . .. ~.~~-~~.~ .. ~!:~.f~.~?.~~.~.~.! .. E.~.~~~.~~.r. ................................................ $. ............. ~~.?. .... /. ... ~.~.U.r. .. .. Professional Engineer $ 136 I ho ur :·J~:.~;;t{~~t:.:~~:~:~~i;i.;,::.:,.::::·:: .. :···::-·-::-:::::::::::::::::::.:~::r ::~:::::::::i:r ~:E:~;t:~::::: ... ~.U.r.~~.Y..~r.~).~~.~ .. ~.?.!:l.~~~r. .......................................................... ?. ............... ~.?. .. _L .. ~~-~r .... . ... ~.~~-~~T . .O..~~!.~~ .. !~.~~-~-i-~~~-~ ...................................................... ?. ............... ~.?. .. _.L .. ~<?.~T .... . ... !.~~-~~-~~!~.~-.(~.U.r.'!~.Y. .. ?.r..~~~) ................................................... $. .............. .!.? .. _./._ .. ~C?.UT_ •... . .. ~~-~~.r~.~.~.!.~~-~-n.!~!.~.~-.............................................................. _ .. $. .. ·-.......... ~.?. .. __ /._. ~<?. ~.r .... . ... ?.?.!!.~ .. !.~.~~-~·i·~-~~-~ ........................................................................... $. ............... ~.~---·1. ... ~<?.~r .... . ... ~P~.~~~-~ .. !.~.~P..~~~~.r. ....................................................................... $. ............... ~.?.. ·-.!. ... ~<?.~.~ .... . ... ~'!!.?..~~-~!f.i.~-~.'!:'..~.1.~ .. 1.~-~.P.~.~t-~.~-.(~.e.~.i.?.~) ............................. $. ............. ~~-~---·/-.. ~<?.~.~-···· ... ~'!!.?..~~-~~f.i.~-~-.'!:1..~.~-~ .~.~.s.e ~-~~~-~ ....................................... ··-· $. ... _ .......... ~~-·-.!. _ .. ~<?.~.r .... . ... ~~-~~!.s~ ........................................................................................... $ .............. !.? ..... L .. ~<?.~.r ... . Adm ini str at ive Ass ista nt $ 64 I hour ············································································································-.. ··-········· ·······-····-· ...... . ... ~~.~.~:..~.~-~.n.~.i-~-~ .. E.'!.U.!J?.~~-~~ ................................................................. ~Y..SU..<?.~.~ .... . ... ~!::.~ .. !.~.~.?.!:l.~t":'J .P..i.!~.t ................................................................ $. ............. ~?.~ .... 1. ... ~<?.~.~---.. ... ~.u.r.~.~.Y..~.?~~-~~-~ ......................................................................... $ ........... 9.:~g .. _I __ e:~.~-~ .. ... ~.U.r.~~Y..::-Y<?.~ ~i~~.............. .. .... ......... ......... .. . .. . ..... $ 3 .50 I each ... ~.U.~'!.~Y..-:-:.~~~-~~-P_~s~.s ............................................... $. .... . 7 I each ... l?.r.!!.l .. ~_iJL~.~-~ .. ?.~.~-~r..~.<:J .u.~pf!l.~.~~ ..................................................... ~.Y..S.U..<?.!.~ .......... .. ... ~~.:~~f<?.:.~.~~.S.~.P.i.e:~ ............................................................... $. ....... Ll::9.~ .... L .. ~~-c-~ ... . ... ~-~.?.~~-~~.P.!.~.~-~ ....................................................................................................................... . .. ~-.~::.~ -~-~:: .. ~i-~~!~.~~!9.~.~! .. ~.~.?.~~--~-'~!.~.~~~-............................ $.. ·-· ...... 9.:~.~-... L .. e.~.~-~ ... .. ... ~ .. ~:: . .x.}.~:: .. s.i.~~!~-~~!9.~.~! .. ~?.1.?.~.............. ... . ..................... .$.. ....... o.:~g .. j ... e.ac h ... ~.~~~ .. X..~.?.~: .. s.i.~~-~-~-~~i -~~-~! .. b..l ~~-k .. ~ .. V:!.~.~t.~ ................................ $. ........... ~.:9.0 .. _./.._ .. e.~.ch .... . ... T~.a-~~-1 .............................................................................................. $ .......... ~:~? .. J ... ~.i_l ~ ... .. ... ~.~r. .. ~.i-~~ ......................................................................................... $ ............... ~.~---·1._· ~~Y ... . .... ~.?.9.~.i -~~ ........................................................................................................... ~.?.~~ .................. .. 1. Overtime charges at 1.4 times above r ates. 2. Schedu led const r uct io n ph ase se rvi ces and/or field observations wi ll be charge d at a 2- hour minimum. 3. Weekend work wi ll be charged at 2-hour minimum overtime. l(aska skia Eng in ee ring Gro up, LLC Engineering Manager Principal Engineer Senior Engineer Project Manager Project Engineer Staff Engineer Support Services Senior Biologist/Scientist Biologist/Scie ntist GIS Manager Senior Techn icia n Tech nician Construction Administrator Administrative Personnel Intern Schedule of Hourly Rates January 1, 2022 208 East Main Street Suite 100 Belleville, Illin ois 62220 6 18 .233.5877 phon e 6 18 .2 33.5977 fax $300.00 $250.00 $195.00 $165 .00 $140 .00 $ 95.00 $135.00 $105 .00 $135.00 $150 .00 $130.00 $ 85.00 $125.00 $ 50 .00 The above hourly rates are effective as of January 1, 2022 , and are subj ect to adj ustment annually . Time for Support Services in excess of 8 hours per day on client's project ; work performed on Saturdays, Sundays, or Holidays; or expert witness depositions and /or testimony wi ll be invoiced at 1 Y2 times the indicated hourly rat e. Expenses Travel per mile Current IRS approved per-mile rate Outside Services (Subconsultants, Subcontractors or Vendo rs ) Cost + 15% Commercial Travel , Meals or Lodging At Cost RESOLUTION SUMMARY RESOLUTION NO: RS2022-07 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing the Loan and Grant Application for the State Revolving Loan Fund and Establishing an Authorized Representative DATE INTRODUCED: June 6 , 2022 DEPARTMENT DIRECTOR(S):_--f~~~..::..__;~-r-(....::::=-------- Staff Recommendation: Approve. Summary: The Missouri Department of Natural Resources requires an authorized representative for paperwork and reimbursement requests. Origin of Request: Public Works Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW MORASCH , Public Works Director Background Information: The City of Jefferson is eligible for low interest loan money through the Missouri Department of Natural Resources State Revolving Loan Fund. Two major projects are under consideration by the Department and Clean Water Commiss ion : 1. Biosolids Upgrade at the Regional Water Reclamation Fac ility 2 . Basin 1 0/Westview Pump Station Upgrade The City of Jefferson meets the managerial and financial criteria for eligibility with successful passage of the April 4, 2022 Bond Issue . Fiscal Information: Both Missouri Department of Natural Resources loan and grant programs are reimbursements . The current interest rates for loans are a ful l percentage point or more below market conventional loans. RESOLUTION RS2022-07 Sponsor: Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, STATE REVOLVING LOAN PROGRAM FOR FUNDS UNDER THE MISSOURI CLEAN WATER LAW (CHAPTER 644, RsMO) WHEREAS, pursuant to the terms of the Missouri Clean Water Law, Chapter 644 , Revised Statutes of Missouri, the State of Missouri has authorized the making of loans and/or grants to authorized applicants to aid in the construction of specific public projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jefferson Missouri that: Section 1-Matthew J. Morasch be and he is hereby authorized to execute and file application(s) on behalf of the City of Jefferson with the State of Missouri for loan (s) and/or grant(s) to aid in the construction of projects such as : A) Biosolids improvements at the Regional Water Reclamation Facility and B) Improvements to Sanitary Sewer Drainage Basins 10 and 11 including upgrade of the Westview Pump Station Section .f . That Matthew J. Morasch , Public Works Director is hereby authorized and directed to furnish such information as the Missouri Department of Natural Resources may reasonably request in connection with t he application which is herein authorized, to sign all necessary documents on behalf of the applicant, to furnish such assurances to the Missouri Department of Natural Resources as may be required by statute or regulation, and to receive payment on behalf of the applicant. Adopted this 61h day of June, 2022 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk City~ RESOLUTION SUMMARY RESOLUTION NO: RS2022-08 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing the Filing of Grant Applications for Stormwater and Wastewater for State American Rescue Plan Act (ARPA) and establishing an Authorized Representative DATE INTRODUCED: June 6 , 2022 DEPARTMENT DIRECTOR(S): __ --fl-1'-lMI<~~~---r-.:.=---~------- CITY ADMINISTRATOR:~~~===w~~L __________ _ Staff Recommendation: Approve. Summary: The Missouri Department of Natural Resources requ1res an authorized representative for paperwork and reimbursement requests . Origin of Request: Public Works Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW MORASCH , Public Works Director Background Information: The City of Jefferson is eligible to apply for ARPA grants through the Missouri Department of Natural Resources . Both Stormwater and Wastewater projects are eligible for funding . Fiscal Information: The ARPA grant programs are reimbursements. No Municipal Bonding is required for the grants . Some local match dollars will be required . RESOLUTION RS2022-08 Sponsor: Counci lmember Fitzwater A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO FILE AN APPLICATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, FINANCIAL ASSISTANCE CENTER'S STATE ARPA GRANT PROGRAMS FOR SUBAWARD OF FEDERAL FINANCIAL ASSISTANCE PROVIDED TO THE STATE OF MISSOURI BY THE U.S. DEPARTMENT OF THE TREASURY ("TREASURY") PURSUANT TO SECTION 602(b) OF THE SOCIAL SECURITY ACT, AS ADDED BY SECTION 9901 OF THE AMERICAN RESCUE PLAN ACT, (PUB. L. No. 117-2 (MARCH 11, 2021 ), 135 STAT. 4, 223-26. WHEREAS, under the terms of section 602(c) of the Act and Treasury's regulations , the State of Missouri has authorized the making of grants to authorized applicants to aid in the completion of specific public projects . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Jefferson Missouri that: Section 1. Matthew J . Morasch be and he is hereby authorized to execute and file an application on behalf of the City of Jefferson with the State of Missouri for grant funding to aid in the completion of a wastewater , and/or a stormwater project. Section .f . That Matthew J . Morasch , Public Works Director is hereby authorized and directed to furnish such information as the Missouri Department of Natural Resources may reasonably request in connection with the application which is herein authorized, to sign all necessary documents on behalf of the appl icant , to furnish such assurances to the Missouri Department of Natural Resources as may be required by law or regulation , and to receive payment on behalf of the applicant. Adopted this 61h day of June, 2022 Mayor Carrie Tergin ATTEST : APPROVED AS TO FORM : City Clerk RESOLUTION SUMMARY RESOLUTION NO: RS2022-09 SPONSOR: Councilmember Fitzwater SUBJECT: Providing Support for MPCA and MBHC Location to the MSP site DATE INTRODUCED: June 6 , 2022 DEPARTMENT DIRECTOR(S): ___ ~~~~~~---='~!!!!!!!'!!~------- CITY ADMINISTRATOR: _____ __::-?~--· __________ _ Staff Recommendation: Approve. Summary: Provides support to the Missouri Primary Care Association and Missouri Behavioral Health Council to assist those organizations in their pursuit of federal grant money to construct their Center for Excellence at the MSP site . Origin of Request: Law. Department Responsible: Law Department PERSON RESPONSIBLE: RYAN MOEHLMAN Background Information: The Missouri Primary Care Association and Missouri Behavioral Health Council are pursuing significant federal grant dollars to construct their Center for Excellence building at the MSP site. These organizations have asked for a non- binding resolution of support to include in their grant application documents . This resolution provides such support and authorizes City Staff to continue negotiations in order to facilitate MPCA-MBHC's potential location of their facilities at MSP . Fiscal Information: While specific negotiations will be ongoing, this resolution identifies that MPCA-MBHC will likely be responsible for an assessment of up to $350 ,000 to cover City-provided infrastructure and site preparation for a one-acre site . RESOLUTION RS2022-09 Sponsor: Councilmember Fitzwater A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING CONTINUED NEGOTIATIONS WITH MISSOURI PRIMARY CARE AS SOCIATION AND MISSOURI BEHAVIORAL HEALTH COUNCIL WHEREAS, the City of Jefferson obtained 32 acres of real property from the State of Missouri comprising a portion of the former Missouri State Penitentiary ("MSP") in 2017 ("Redevelopment Land"); and WHEREAS, the City seeks to transform the Redevelopment Land between the MSP historic site and Chestnut Street to house a hotel, conference center, parking facilities, and other multi-use buildings; and WHEREAS, Missouri Coalition for Primary Healthcare dba Missouri Primary Care Association ("MPCA") and Missouri Coalition of Community Mental Health Centers dba Missouri Behavioral Health Council ("MBHC") have received the opportunity to apply for a $12,000,000 in Community Project Funding/Congressionally Directed Spending ("CDS") projects funding from the U.S. Department of Health and Human Services ("HHS"), Health Resources and Services Administration ("HRSA"); and WHEREAS, MPCA and MBHC desire to apply for and use such funding combined with an additional $6,000,000 to $8,000,000 to construct a multi -level MPCA- MBHC Center of Excellence which would be used for housing both MPCA and MBHC headquarters and a training facility; and WHEREAS, MPCA and MBHC desire to construct the MPCA-MBHC Center for Excellence on real estate comprising up to 1¼ acres west of Chestnut Street in the Redevelopment Land; and WHEREAS, City desires to continue communications with MPCA and MBHC related to the use of such Redevelopment Land by MPCA and MBHC; and WHEREAS, City anticipates requiring up to $350,000 in total assessment by MPCA and MBHC to the City related to the purchase and/or long term lease of such Redevelopment Land; and WHEREAS, City further anticipates working with MPCA and MBHC to ensure that MPCA’s and MBHC’s parking needs are provided for as part of a collective parking solution for the entirety of the MSP Redevelopment Land. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jefferson, Missouri , supports the potential location of the MPCA-MBHC Center of Excellence at the MSP Redevelopment Land and authorizes the City Administrator and appropriate City staff to continue negotiations with Missouri Primary Care Association and Missouri Behavioral Health Council to potentially facilitate such location . Adopted this 6th day of June , 2022 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk City Att y RESOLUTION SUMMARY RESOLUTION NO: RS2022-10 SPONSOR: Councilmember Wiseman SUBJECT: Authorizing the City to Extend Wallstreet Group’s Agreement for Insurance Brokerage Services for One (1) Year DATE INTRODUCED: June 6, 2022 DEPARTMENT DIRECTOR(S): CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: Authorizes the Mayor and City Clerk to execute a change order to extend Wallstreet’s agreement for one (1) year. Origin of Request: Law. Department Responsible: HR Department. PERSON RESPONSIBLE: GAIL STROPE, HR Director Background Information: The City entered an agreement with Wallstreet Group (“Wallstreet”) for insurance brokerage services on May 1, 2018. Pursuant to this agreement, Wallstreet provides professional insurance brokerage services for employee benefits and assist with premium control, wellness programs, progressive benefit programs and employee communication. By authorizing and executing this change order, the agreement with Wallstreet for insurance brokerage services will be e xtended for one (1) year, or until April 30, 2023. Fiscal Information: $5.00 for each employee, per month. RESOLUTION RS2022-10 Sponsor: Councilmember Wiseman A RESOLUTION AUTHORIZING THE CITY TO EXTEND WALLSTREET GROUP'S AGREEMENT FOR INSURANCE BROKERAGE SERIVCES FOR ONE (1) YEAR WHEREAS , Wallstreet Group ("Wallstreet") provides professional insurance brokerage services for employee benefits; and WHEREAS, the City entered an agreement with Wallstreet for insurance brokerage services on May 1, 2018 ; and WHEREAS, by authorizing and executing this change order, the agreement with Wallstreet for insurance brokerage services will be extended for one (1) year, or until April 30 , 2023 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, that the change order attached hereto as Exhibit A is approved and the Mayor and City Clerk are authorized to execute the same. Adopted this 6th day of June , 2022 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City A~- Change Order No. One (1) HUMAN RESOURCES DEPARTMENT 320 E McCarty Street JEFFERSON CITY, MISSOURI65101 Project No. Job & Location: Broker Services, Employee Benefits Contractor: Wallstreet Group Account Number: 73-730-522020 Date: 6 /2/2022 It is hereby mutually agreed that when this change order has been signed by the contracting parties, the following described changes in the work req uired by the co ntra ct shall be executed by the contractor without changing the terms of the contract except as herein stipu lated and agreed. DESCRIPTION OF CHANGES: Note: Item numbers prefixed with "EW' (Extra Work) are new lin e items to the contract. Quantity in Quantity in Revised Item Original Change Contract No. Description Unit Contract Order Quantity Modifies the original contract to extend the contract for one more year. The contract will expire on 4/30/2023. All terms from the original contract remain the same Y R 4 CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES: 5 Amount of Overrun o r Unit Price Underrun No Change $0.00 1/We hereby agree to the modifications of the contract as described above and agree to furnish all materials and labor and perform all work in connection therewith in accordance with the req uirements for simila r work in existing contract except as otherwise stipulated herein , for the following considerations : Contract Amount-Add To-or Dedust fFem-the Contract Amount $0 (No cost change order) Contract Time-Add To-or Dedust ffem-the Contract is __ 0"'-'-'n,..e_,Y_,e"'a"-r __ STATEMENT OF CONTRACT AMOUNT: Amount % Change Time OR IGINAL CONTRAC T $5.00 Per Employee PREVIOUS APPROVED CHANGE ORDERS $0.00 0 TOTAL THIS CHANGE ORDER Extension of Time Only 0 TOTAL OF ALL CHANGE ORDERS #VALUE! 0 CONTRACT AMOUNT TO DATE $5.00 Per Employee ........................................................................................... ~~ .............................................................................................................................. ~~;~·;~·;; ...... .. Contractor (Wallstreet) Date Recommended by: Date Verification of Encumbrance: &/~(2b2_2- Interim Finance Director Date Accepted by: Mayor A_/'!? ceyco""'~ Da te Approved as to form: