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HomeMy Public PortalAbout2022-06-21 packetiPad Packets: Click to open “NOTES” NOTICE OF MEETING AND CITY COUNCIL AGENDA i TUESDAY, JUNE 21, 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=mc306b7fa01450364eeb293781f9a2496 CALL-IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2485 911 6049 MEETING PASSWORD: 1234 TENTATIVE AGENDA PRAYER – Councilmember Deeken PLEDGE OF ALLEGIANCE 1. CALL TO ORDER 2. ROLL CALL 3. ADOPTION OF AGENDA 4. MISCELLANEOUS AGENDA ITEMS a. Posthumous Recognition of Jeff Wankum, 35 Years of City Service 5. ARPA FUNDS DISCUSSION 6. PUBLIC HEARINGS a. 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. i. Pending Bill 2022-016 (Lester) Staff: Sonny Sanders 7. APPOINTMENTS BY THE MAYOR a. Recommended Appointments to the Following Boards and Commissions Board or Commission Recommended Appointment New Term Expires Term Full/Partial Public Transit Advisory Committee Joshua Hale Jan 2023 Partial Transportation & Traffic Commission Karl Staub* Jun 2025 Full Jack Atterberry Jun 2025 Full Julie Allen Jun 2025 Full USS Jefferson City Submarine Committee Hal Dulle June 2025 Full Bob Priddy June 2025 Full Michael Ryno June 2025 Full *Requires 2/3 majority vote City Council Agenda – June 21, 2022 ✓ = Request to suspend rules iPad Packets: Click to open “NOTES” 2 b. Appointment of Chief of Police 8. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Presentation of City’s Plan to Switch to Biodiesel, Presented by Matt Amick with the Soybean Association 9. 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 10. 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.) 11. CONSENT AGENDA a. Minutes of City Council Meetings: June 6 b. Authorizing a $469,375 Greenbush Cooperative Procurement Contract with Athco for Playground Design, Equipment, and Installation in Hickory Park 12. BILLS INTRODUCED a. 2022-017 Amending Chapter 32, Section 230 of the City Code, Pertaining to Litter (Fitzwater) Staff: Sonny Sanders b. 2022-018 Amending Chapter 8, Sections 8-2 and 8-3 of the City Code by Replacing the Adoption of the National Electrical Code 2014 and Amendments to the National Electrical Code 2014 by the Adoption of NFPA 70, National Electrical Code, 2017 Edition (Fitzwater) Staff: Sonny Sanders c. 2022-019 Amending Chapter 8, Sections 8-4 and 8-5 of the City Code by Replacing the Adoption of the International Plumbing Code 2015 and Amendments to the International Plumbing Code 2015 by the Adoption of the 2018 International Plumbing Code (Fitzwater) Staff: Sonny Sanders d. 2022-020 Amending Chapter 8, Article I, Sections 8-6, 8-7, 8-8 and 8-9 of the City Code by Replacing the Adoption of the 2015 International Mechanical Code 2015 International Fuel Gas Code by Adoption of the 2018 International Mechanical Code and 2018 International Fuel Gas Code (Fitzwater) Staff: Sonny Sanders e. 2022-021 Amending Chapter 8, Article I, Sections 8-10 and 8-11 of the City Code by Inserting the Adoption of the 2018 International Energy Conservation Code and Amendments to the 2018 International Energy Conservation Code (Fitzwater) Staff: Sonny Sanders f. 2022-022 Amending Chapter 8, Article II, Sections 8-18, 8-19, 8-21, 8-22, 8-23, 8-24, 8-25, and 8-26 of the City Code by Replacing the Adoption of the 2015 City Council Agenda – June 21, 2022 ✓ = Request to suspend rules iPad Packets: Click to open “NOTES” 3 International Building Code, 2015 International Residential Code, 2015 International Existing Building Code, and 2015 International Swimming Pool and Spa Code and Their Amendments by Adoption of the 2018 International Building Code, 2018 International Swimming Pool and Spa Code and Amendments (Fitzwater) Staff: Sonny Sanders g. 2022-023 Amending Chapter 8, Sections 8-49 and 8-50 of the City Code by Replacing the Adoption of the 2015 International Property Maintenance Code and Amendments to the 2015 International Property Maintenance Code by Adoption of the 2018 international Property Maintenance Code (Fitzwater) Staff: Sonny Sanders h. 2022-024 Amending Chapter 13, Article III, Sections 13-42 and 13-43 of the City Code by Replacing the Adoption of the 2015 International Fire Code and Amendments to the 2015 International Fire Code by Adoption of the 2018 International Fire Code (Fitzwater) Staff: Sonny Sanders i. 2022-025 Authorizing a $193,953 Contract with Mid-Missouri Earth Movers, LLC for the Demolition of Seven Properties (Fitzwater) Staff: Ryan Moehlman/Sonny Sanders j. 2022-026 Authorizing a $120,000 Contract with Ahrens Contracting, Inc. for the Demolition of Three Properties (Fitzwater) Staff: Ryan Moehlman/Sonny Sanders 13. BILLS PENDING 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. 2022-016 Taken Up Under 5(a.) 14. 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 6/21/22 Meeting) b. 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 (Expires on Informal Calendar after 7/18/22 Meeting) 15. RESOLUTIONS a. RS2022-11 Authorizing the Suspension of Transit Fixed-Route fares for a Period Not to Exceed Six Months (Deeken) Staff: Matt Morasch City Council Agenda – June 21, 2022 ✓ = Request to suspend rules iPad Packets: Click to open “NOTES” 4 b. RS2022-12 Authorizing a $63,250 Agreement with Tiger Eye Engineering, LLC to Complete a Pavement Condition Evaluation within the City (Fitzwater) Staff: Matt Morasch 16. 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.) 17. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS 18. NEW BUSINESS 19. UNFINISHED BUSINESS 20. 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 TUESDAY, JUNE 21, 2022 5:45 P.M. AGENDA 1. Discussion of June 21, 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. 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 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 Steven S. Crowell, Jr. 32o e. McCarty StreetCity Administrator Jefferson City, MO 65101Phone Number: (573) 634-6306Email: SCrowelI@jeffersoncitymo.govDATE: June 16, 2022TO: Mayor and City CouncilFROM: Steven S. Crowell Jr., City AdministrSUBJECT: Recommendation to Appoint Captain Eric Wilde as Chief of PoliceConsistent with Section 5.2 of the City Charter, after a nationwide search and interviews ofseveral internal and external candidates by numerous community members and law enforcementprofessionals, I am pleased to recommend Jefferson City Police Department Capt. Eric Wilde forconsideration as the next Chief of Police for the City of Jefferson.Section 5.2 (b) of the City Charter states, "The city administrator shall make recommendations ofappointment and removal of department heads for the approval of the Mayor and Council."Capt. Wilde has been with the City of Jefferson since 1998 serving in a variety of positionswithin the department, currently serving as a Captain of the Jefferson City Police Departmentsince 2014. Capt. Wilde oversees the Operations Division of the Police Department whichencompasses the patrol section, traffic unit, SWAT Team and Crisis Negotiations Team. As amember of the "command staff for the Police Department, Capt. Wilde periodically assumes theresponsibilities of the Chief of Police in the Chiefs absence.Capt. Wilde has a Bachelor's Degree from Central Missouri State University. Capt. Wilde is alicensed Missouri Police Officer, and has attended the following: Police Staff and CommandCollege at Northwestern University, Missouri Police Chiefs Command College, ManagementDevelopment Course at Northwestern University, and Supervision of Police Personnel atNorthwestern University. Capt. Wilde also has over 30 years of military experience.I have tried to include a broad group of individuals with backgrounds and experience to assist mein interviewing the candidates and assisting me in making the recommendation for Chief ofPolice The Police Chief interview committees consisted of a eombination of peers and lawenforcement practitioners (i.e., Chiefs of Police/Sheriff), community members, a Police Officerrepresentative selected by the Fraternal Order of Police, representatives of various communityorganizations, some City department directors, Lincoln University representatives. Cole CountyProsecuting Attorney, a representative of the City Police Personnel Board, a representative of theNAACP, and a few City elected officials. Each candidate was asked the same questions withfollow-up as appropriate. I think the there was a strong group of candidates initially which wasnarrowed down to a final group of talented internal and external candidates to be interviewed. Inmy view, particularly for the internal candidates, this recommendation should not reflectnegatively on any of the candidates not recommended. CITY COUNCIL “PRE-MEETING” WORK SESSION, JUNE 6, 2022 CALL TO ORDER Mayor Carrie Tergin called the June 6, 2022 City Council “Pre-Meeting” to order at 5:47 P.M. to review the agenda. ATTENDANCE The following Councilmembers were present when the meeting convened: Present: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Absent: Fitzwater DISCUSSION OF AGENDA ITEMS Councilmember Hensley will lead the prayer. Mayor Tergin will request a motion to amend the agenda, adding Item 7(b.): Gregg Bexten to present an ARPA funds request from the Boys and Girls Club. Miscellaneous - Richard Cross will announce the “Black Men Thrive” tie drive fundraiser. - Mayor Tergin and Sarah Scheffer with Capital Arts will present the Mayor’s Sketch Day winner to Laura Moody. Presentations from Staff, Consultants, & Invited Guests - Nicholas Tietsort, Director of Emergency Manageme nt Agency, Cole County/Jefferson City to present a grant opportunity for an additional agency staff person. Consent Agenda - There were no questions at this time. Bills Introduced - City Staff presented their introduced bills. Bills Pending - City Staff presented their pending bills. - Councilmember Wiseman, sponsor of bill 2022-009 intends to place the bill on the informal calendar. She indicated the bill will likely have a substitute to bring forward at the next City Council meeting. CITY COUNCIL “PRE-MEETING” WORK SESSION, JUNE 6, 2022 Resolutions - City Staff presented their resolutions. City Administrator Steve Crowell introduced intern and Lincoln University student Clayton Reeves who joined the meeting via WebEx. ADJOURNMENT The meeting adjourned at 5:58 P.M. 1 REGULAR COUNCIL MEETING, JUNE 6, 2022 CALL TO ORDER Mayor Carrie Tergin called the June 6, 2022 City Council meeting to order at 6:02 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward and Wiseman Absent: Fitzwater ADOPTION OF THE AGENDA Councilmember Schreiber motioned and Councilmember Wiseman seconded the motion to amend and adopt the agenda, adding Item 7(b.) a presentation from Gregg Bexten with the Boys and Girls Club with an ARPA funds request. The motion passed unanimously. MISCELLANEOUS AGENDA ITEMS a. Richard Cross announced the “Black Men Thrive” tie drive fundraiser. b. Mayor Tergin and Sarah Scheffer with Capital Arts presented the Mayor’s Sketch Day winner, Laura Moody. PUBLIC HEARINGS There were no public hearings at this time. APPOINTMENTS BY THE MAYOR There were no appointments at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Nicholas Tietsort, Director, Emergency Management Agen cy, Cole County/Jefferson City presented a staffing grant opportunity. The grant deadline is June 17th. No action was required at this time. b. Gregg Bexten and W ade Neal with the Boys and Girls Club presented an ARPA funds request. The Boys and Girls Club has purchased the Big Top Daycare building on Big Horn. The combined cost of the purchase, renovations, and the ability to provide hot meals is approximately $1.2 million. They are requesting 1/3 of the cost from the City,1/3 from the County and 1/3 self-funded. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Council committee announcements: 2 REGULAR COUNCIL MEETING, JUNE 6, 2022 • Committee on Administration – The next meeting is Wednesday, July 6th, 7:30 A.M. in the Boone-Bancroft Room. • Finance Committee – The next meeting is June 23rd. Chair Hensley requested an ARPA funds discussion be added to the next City Council meeting agenda. • Public Safety Committee – The next meeting is June 29th at 7:30 A.M. in the Police Training Room. • Public Works & Planning Committee –The next meeting is June 9th at 7:30 A.M. in the Boone-Bancroft Room. Mayor’s announcements: • Mayor Tergin attended the Memorial Day ceremony at the Capitol. • Firefighters Local 671 Annual Golf Tournament fundraiser is August 5th. • The Guns and Hoses hockey match is August 27th. Tickets are now on sale. • The Mayor’s Cup Golf Tournament was Friday, June 3rd to benefit the Kiwanis organization. • Kids Fest was held at Riverside Park on Saturday, June 4th. • Mayor Tergin wished all the local athletes competing in the Special Olympics good luck. • The USS Jefferson City Submarine Crew is coming to Jefferson City next week. A scheduled meet and greet with City Council members is Monday, June 13th at 9:00 A.M. in the City Council Chambers. • The Mayor’s Connecting Communities bike ride was Saturday, June 4th. The Mayors and bicyclists rode the Katie Trail from Jefferson City and Columbia, and met in Hartsburg for lunch and a brief presentation on why the trails are economically important to the communities. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS • Holly Stitt, Cultural Arts Commission Chair and artist Alex Eickhoff spoke in favor of the substitute to bill 2021-075. • Jeremy Bowman, President of the F.O.P. spoke in favor of bill 2022-010. 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. 3 REGULAR COUNCIL MEETING, JUNE 6, 2022 e. Awarding $50,000 Bid to Capital Materials and Christensen Brothers Asphalt for Paving Materials for all City Departments Councilmember Lester motioned and Councilmember W ard seconded the motion to approve the above items on the Consent Agenda. The motion passed unanimously. BILLS INTRODUCED 2022-011 sponsored by Councilmember Fitzwater 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. 2022-012 sponsored by Councilmember Fitzwater 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. 2022-013 sponsored by Councilmember Fitzwater 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. 2022-014 sponsored by Councilmember Schreiber 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. Councilmember W ard requested to suspend the rules and take up bill 2022-014 for third reading and passage. With no objection, bill 2022-014 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16225: Aye: Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Vogt, Ward, and Wiseman Nay: None Absent: Fitzwater 2022-015 sponsored by Councilmember Schreiber AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH BUSCOMM, INC. 4 REGULAR COUNCIL MEETING, JUNE 6, 2022 FOR THE PURCHASE OF VERINT SYSTEM RECORDING UPGRADES TO UPDATE THE CURRENT RECORDING SYSTEM FOR THE JEFFERSON CITY POLICE DEPARTMENT. Councilmember Spencer requested to suspend the rules and take up bill 2022-015 for third reading and passage. With no objection, bill 2022-015 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16226: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater 2022-016 sponsored by Councilmember Lester 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. BILLS PENDING 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. Bill 2022-007 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16227: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater 2022-008 as Amended 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 APPROPRIATING FUNDS WITHIN GENERAL FUND. Bill 2022-008 as Amended was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16228: 5 REGULAR COUNCIL MEETING, JUNE 6, 2022 Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater 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. Councilmember Schreiber motioned and Councilmember Wiseman seconded the motion to accept the substitute. The motion passed by the following roll-call vote: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater Substitute Bill 2022-010 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16229: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater 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. With no objection, Councilmember Wiseman placed bill 2022-009 on the informal calendar. 2021-075 sponsored by Councilmember Lester 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. Councilmember Lester motioned and Councilmember Kemna seconded the motion to accept the substitute. The motion passed by the following roll-call vote: Aye: Hensley, Kemna, Lester, Schreiber, Ward, and Wiseman 6 REGULAR COUNCIL MEETING, JUNE 6, 2022 Nay: Deeken, Spencer and Spicer Absent: Fitzwater Substitute Bill 2021-075 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16230: Aye: Hensley, Kemna, Lester, Schreiber, Ward, and Wiseman Nay: Deeken, Spencer and Spicer Absent: Fitzwater 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. RESOLUTIONS RS2022-07 sponsored by 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) Matt Morasch, Public Works Director, presented the resolution. Councilmember Ward motioned to adopt RS2022-07. Councilmember Kemna seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater RS2022-08 sponsored by Councilmember 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 7 REGULAR COUNCIL MEETING, JUNE 6, 2022 Matt Morasch, Public Works Director, presented the resolution. Councilmember Kemna motioned to adopt RS2022-08. Councilmember Wiseman seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater RS2022-09 sponsored by Councilmember Fitzwater A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI AUTHORIZING CONTINUED NEGOTIATIONS WITH MISSOURI PRIMARY CARE ASSOCIATION AND MISSOURI BEHAVIORAL HEALTH COUNCIL Joe Pierle, CEO of MO Primary Care Association presented the resolution. Councilmember W ard motioned to adopt RS2022-09. Councilmember Lester seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater RS2022-10 sponsored by Councilmember Wiseman A RESOLUTION AUTHORIZING THE CITY TO EXTEND WALLSTREET GROUP’S AGREEMENT FOR INSURANCE BROKERAGE SERIVCES FOR ONE (1) YEAR Director of Human Resources Gail Strope presented the resolution. Councilmember Spicer motioned and Councilmember Spencer seconded the motion to adopt RS2022-10. The motion passed by the following roll-call vote: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations at this time. 8 REGULAR COUNCIL MEETING, JUNE 6, 2022 COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS Councilmember Deeken expressed his concerns with members on th e Police Chief Selection Committee. UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilmember Wiseman, seconded by Councilmember Hensley, and approved unanimously at 7:28 P.M. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item 8 SUBJECT: Cooperative Procurement -Greenbush (Southeast Kansas Education Services Center) Contracts for Playground Equipment -Contract 20 .6 ESC-Playground -Rec2021 DATE CONSIDERED : June 21, 2022 .) DEPARTMENT DIRECTOR(S):-:---------=,...:--+--"-----+------- Per the adopted JC Parks Masterplan, Hickory Adams Neighborhood Park ranks as the third highest targeted park project prioritized in order of significance as informed by the citizen survey , com munity workshops, and equitable distribution of improvements as defined by past projects and GIS data . The Jefferson City Parks and Recreation Commission has approved resources to implement capital improvements at the park . Staff requests approval to utilize a cooperative purchasing opportunity with Greenbush Contract, 206 ESC -Playground -Rec2021 with Athco of Lenexa, Kansas for the purchase of playground design , equipmen t procurement and installation in lieu of a formal bid process . The Finance Department -Purchasing Division has reviewed the Greenbush contract and determined it meets the competitive procurement process similar to the City's. The total cost of the contract will be $469 ,375.00 . Expenses for the playground design, equipment and installation will be paid from Local Parks Sales Tax account number 21-990-57 4062 (Playg round Development). FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Cooperative Procurement-Greenbush (Southeast Kansas Education Services Center) Contracts for Playground Equipment-Contract 20.6 ESC-Playground- Rec2021 Parks, Recreation and Forestry-Expiration Date: June 30, 2022 with extensions through June 30 , 2024 RECOMMENDATION: Staff requests approval to utilize the Greenbrush (Southeast Kansas Education Services Center) Contract, 20.6 ESC -Playground -Rec2021 with Athco of Lenexa, Kansas for the purchase of playground design, equipment, and installation for Hickory Park. This contra ct has been reviewed by Purchasing and it has gone through a competitive procurement process similar to the City's. This contract allows for cooperative procurement from other governmental entities . The Office of Administration has a contract with Athco that we could utilize but the pricing is not as advantageous to the City and would cost approximately $35,265 .00 more for the same supplies and services. This procurement was evaluated and was ranked as the vendor with the highest score out of eight vendors. The Park's Department is asking permission to use this Greenbush cooperative contract rather than going through a bid process. The total cost of the contract will be $469,375.00 FISCAL NOTE: The expenses for the playground design, equipment, and installation will be paid from account 21-990 -574062. ATTACHMENTS-SUPPORTING DOCUMENTATION Signature ~ t2 ~~ c ing Agent 6/3/22 Bid Evaluation -Greenbrush Playground Equipment Available EcoTurf Forever Criteria Points Surfacing ABCreative Athco lawn KC Fry & Assoc J Oliver Park Assoc Playscape Product and Services/Pricing 45 45 45 45 45 45 40 45 45 Ability to Provide & Perform the Required Services 20 20 20 20 20 20 20 20 20 References 10 10 10 10 10 10 10 10 10 Demonstrated Track Record 15 10 15 15 10 10 10 10 10 Value Added Attributes 10 0 5 10 0 5 0 5 2 Total Score 85 95 100 85 90 80 90 87 612712020 Southeast Kansas Education Service Center Mail-20.6 ESC-PLAYGROUND-REC2021 ~reen6ush Cinda Holmes <cinda.holmes@greenbush.org> 20.6 ESC-PLAYGROUND-REC2021 Tina Smith <tina.smith@greenbush.org> To: Matt Cline <meline@athcolle.com> Bee: einda.holmes@greenbush.org Matt Fri. Jun 26, 2020 at 4:05 PM We are pleased to share with you that Greenbush· The Southeast Kansas Education Service Center is recommending award to Athco for 20.6 ESC-PLAYGROUND-REC2021. No exceptions to the Terms and Conditions were submitted nor considered. We look forward to continuing our partnership with Athcol The fully executed contract will be provided to you via DocuSign once the Greenbush signatures are in place. Thank you Tina nna Smith Director of Business Relations P: 620.724.6281, Ext. 308 I M: 620.670.0028 947 W. 47 Hwy. Girard, KS 66743 Greenbush -The Southeast Kansas Education Service Center www.greenbush.org 00 https://mail.google.com/maillu/O?ik=f94f9aa37e&view:pt&search=all&permmsgid=msg-f%3Al670597110490620003&simpl=msg-f%3Al67059711?490620003 Ill DocuSign Envelope ID: 6307F1EA-577C-422E-AEC4-548B1F47F18C EXTENSION OF AGREEMENT 20.6 ESC-PLAYGROUND-REC2021 Contract EXTENSION AGREEMENT made by and between Athco, LLC (Vendor) and Southeast Kansas Education Service Center (SEKESC) The existing Agreement was initially awarded through June 30,2021 for a 12-month term. The Term of Contract and Extension in the Southeast Kansas Education Service Center solicitation provides that by mutual agreement the contract may be renewed for up to three (3) additional one year periods. The SEKESC has approved this extension and now desires to extend the Agreement for an additional term to commence July 1, 2021 and thru June 30, 2022. Upon the signatures of an authorized officer of the SEKESC and Athco, LLC, the Agreement is hereby extended. This extension shall be subject to the same Terms and Conditions as contained in the original SEKESC solicitation and addendums thereto. Southeast Kansas Education Service Center ~~ocuSigned by: Authorized Signature +l=....K-..xt<_sf.u,~ ..... $~t\\::.ui&;L..Z¥.. _________ Title Board President ps;;JF582B48E ... Printed Name wesley sm1tn Date July 1, 2021 ------------------- Athco, LLC r:Doc:usrgned by: Authorized Signature -t-~-~~.::......~o~Qi;.;..·..;...l.M.-....;.... _________ Title _s_a_l e_s_c_o_ns_u_l_t_an_t _____ _ A3C2E2F89173489 ... Printed Name Matt cline Date July 2, 2021 rA:oc:uSigned by: Attest: SEKESC Clerk of the Board: -+L::A~;..;..;~~~$~:..;;.,~.:..;,'6..;_;;1A,;...__ ______ Date: July 1, 2021 4A9053886DB9451 ... If you as the Vendor do not want to extend this contract, please sign below. Discontinue: We desire to discontinue the contract, effective June 30, 2021. Authorized Signature ---------------Title------------- Printed Name Date --------------------------------- Attest: SEKESC Clerk of the Board: __________ Date:------------ OocuSign Envelope 10: 6307F1EA-577C-422E-AEC4-548B1F47F18C ~~~=~~~~~ • 11JBIR189 • 911\t411fighwlt • Gm,Kamasfi6143 • ~ID7146281 • ~ID11%181 • ~ ACCEPTANCE OF PROPOSAL AND CONTRACT AWARD 20.6 ESC-PLAYGROUND-REC2021 PART I ofthis form is to be completed by the Bidder and signed by its Authorized Representative. Part II is completed by Greenbush-The Southeast Kansas Education Service Center only upon occasion of the bid award. PART I: Bidder In compliance with the Request for Proposal (RFP}, the undersigned warrants that Ilwe are familiar with all of the conditions surrounding the proposed projects, hereby offer and agree to furnish all labor, materials, and supplies and equipment incurred in compliance with all terms, conditions, specifications, and amendments associated with the RFP and any written exceptions to the proposal. Signature also certifies understanding and compliance with all requirements of Greenbush-The Kansas Education Service Center (SEKESC) Terms and Conditions and the special Terms and Conditions. The undersigned understands that their competence, ability, capacity, and obligations to offer and provide the proposed tangible personal property, professional services, construction services, and other services on behalf of the Bidder Partner as well as other factors of interest to the SEKESC as stated in the evaluation section, will be a consideration in making the award Business Name A THCO LLC Date 6/15/20 Full Address 13500 W. 1 08th St., Lenexa, KS 66215 Authorized Representative Name: _M_a_tt_C_I_in_e _______ Title Kansas Sales Consultant Authorized Signature: __ /{{_~--=---·---------------------- PART II: Greenbush -The Southeast Kansas Education Service Center Acceptance of Proposal and Contract Award to be Completed Only by the SEKESC Your proposal for the above identified proposal is hereby accepted. As a contractor, you are now bound to sell the materials and services listed by the attached proposal based upon the solicitation, including all terms, conditions, specifications, amendments as set forth in the Request for Proposal. As contractor you are hereby cautioned not to commence any billable work or provide any material or service under this contract until contractor received an executed purchase order from the SEKESC or its Eligible Entities. The parties intend this contract to constitute the final and complete agreement between the Agency and contractor, and no other agreements, oral or otherwise, regarding the subject matter of this contract, shall bind any of the parties hereto. No change or modification of this contract shall be valid unless it shall be in writing and signed by both parties to this contract. If any provision of this contract is deemed invalid or illegal by any appropriate court of law, the remainder of this contract shall not be affected thereby. The term of the agreement shall commence on July 1, 2020 and continue until June 30,2021, unless terminated, canceled, or extended. By mutual agreement as warranted, the contract may be extended month-by-month not to exceed twelve ( 12) months or for three (3) additional 12 month periods. Agency Executive (name printed): _w_e_s_l_e_y_s_m_i_t_h ________________ _ DocuSigned by: Agency Executive (signature) 4iri~~~~~¥M4~lf1.,....,...,...__ ____ _ Q ~BB.iid¥sa2B4BE ... Attest: Clerk of the Board fJ=.:.....£.Su.lt@~~""~------ 4A90saaaaoa94s1 ... Date: ~un 30, 2020 D t Jun 30, 2020 ae: __________________ _ OocuSign Envelope 10: 6307F1EA-577C422E-AEC4-548B1F47F18C State of Kansas Department of Administration DA-146a (Rev. 06-12) CONTRACTUAL PROVISIONS ATTACHMENT Important: This fonn contains mandatory contract provisions and must be attached to or incorporated In all copies of any contractual agreement. If It is attached to the vendor/contractor's standard contract fonn, then that fonn must be altered to contain the following provision: "The Provisions found in Contractual Provisions Attachment (Fonn DA-146a, Rev. 06-12), which is attached hereto, are hereby Incorporated In this contract and made a part thereof." The parties agree that the followin8 provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being 2 .6 ESC-PLAYGROUNDREC2021. 1. Terms Herein Controlling Provisions: It Is expressly agreed that the tenns of each and every provision In this attachment shall prevail and control over the tenns of any other conflicting provision In any other document relating to and a part of the contract in which this attachment is incorporated. Any tenns that conflict or could be interpreted to conflict with this attachment are nullified. 2. Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit In connection with this contract shall reside only In courts located in the State of Kansas. 3. Termination Due To Lack Of Funding Appropriation: If, In the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed In this agreement and for the payment of the charges-hereunder, State may terminate this agreement at the end of Its current fiscal year. State agrees to give written notice of tennlnation to contractor at least 30 days prior to the end of Its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments Incurred through the end of such fiscal year, plus contractual charges Incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor. 4. Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or Its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 m seq.). 5. Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 §seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 ~ seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 ~~)(ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age In the admission or access to, or treatment or employment In, Its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or If the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it Is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, In whole or in part, by the contracting state agency or the Kansas Department of Administration. Contractor agrees to comply with all applicable state and federal anti-discrimination laws. The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency. 6. Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given. 7. Arbitration. Damaaes. Warranties: Notwithstanding any language to the contrary, no Interpretation of this contract shall find that the State or Its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or Its agencies at law, Including but not limited to the implied warranties of merchantability and fitness for a particular purpose. 8. Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof. 9. Responsibility For Taxes: The State of Kansas and Its agencies shall not be responsible for, nor Indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract. 10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 §seq.), the contractor shall bear the risk of any loss or damage to any property In which the contractor holds title. 11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to Information pursuant to K.S.A. 46-1101 !! !!9· 12. The Eleventh Amendment: "The Eleventh Amendment is an Inherent and Incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment." 13. Campaign Contributions I Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or cooperative agreement. VENDOR CATEGORY MANUF DISCOUNT PRJa ABCreathe AttlflciaiTurf Forevert.awn l!IH ABCreatM! Attlflclal Turf/Install Forevertawn $2.47SF ABCreatM! RoDe Structure Berliner II% ABCreatM! NucleuNoltue/Eievate/Active Fitness BCIBurtce lOK ABCreatM! Free Standing Play BCIBurtce II% ABCreatM! Wood Shelters Cedar Forest Products s" ABCreatlve Playground Borders & Access Ramps Child forms !OK ABCreatlve Steel Post Shade Canopies Custom Canopies lOK ABCreatlve Poured·ln·Piace Rubber Sa feb' Surface DuraPiay s" ABCreatlve EnKineered Wood Fiber Various !OK ABCreathe Free-Form Modules Free Play a" ABCreatlve Sports EQuipment Gared l!IH ABCreathe Steel Shelters ICON Shelter Systems 5" ABCreathe Outdoor Sculptural Concrete Products ID Sculptures 5" ABCreatlve Rubber Mulch IMC 25" ABCreatlve IPiavlround Amenities: Benches and Bleachers Kay Parle Recreation 5" ABCreathe Playground Amenities: Benches, Tables, Trash Receptades MyTCoat l!IH ABCreatlve Playground Musical Instruments Percussion Play !OK ABCreatlve Playground Equipment SportsPiay l!IH ABCreatlve Shade and Shelters Superior Recreational Products lOK ABCreatlve Playground Amenities: Benches, Tables, Trash Receptades Thomas Steele 5" Athco Loclcllr Rooms (Plus entire catalog· vzlue add) WB Manufacturlll&_ 62.5" Athco Tracll & Field Equipment Gill Track & Field 5.0H Athco Facilities Basketball, Volleyball Soccer Porter Custom 5.0H Athco Facilities, Basketball, Volleyball, Soccer PorterStocll 5.0H Athco '\ L£0 SCOraboards Displays, Video Boards, score Tables and Accessories Falr·Piay 5.0H Athco Team Sports and Parte & Rec Equioment Bison 5" Athco Stoclc, Custom and Grahplc wan & Column Pads, Custom Static and Cellin~ Netti11g for Indoor Athletic Fadlltts QCNetworks 5" Athco Park and Picnic Shelters Coverworx Recreational Architecture 5" Athco Playground Surfacing SYNLawn 5" Athco Site Furnishings and Patio Furniture Premier Polvsteel 5" Athco Pl1yground Equipment Landscape Structures 5" Athco Stocll and Custom Sill! Commerlcal Shade SkyWays by_Landsca_ll_e Structures 5" Athco Water Parks Stock and Custom Equipment and Features Aquatlx by Landsca_1111 Structures 5" Foreverlawn Kansas City Playground Grass ForeverLawn Kansas City lOK Fry & Associates Fitness/Locker Room Plavworld Svstems "' Fry & Associates Fitness/Locker Room ExoFit 5" Fry & Associates Site Amenities MyTCoat !OK Fry & Assodates Site Amenities DuM or 5" fly_ & Associates Site Amenities Halsey Tavlor Drlnkln11 Fountains 15" Fry & Associates Site Amenities Playworld Systems l!IH fly_& Associates Site Amenities Wabash Vallev II% Fry & Associates Site Amenities PRot Roell "' Fry & Associates PlaYRJ'Ound Eaulpment Plavworld Systems l!IH Fry & Assodates Playground Eaulpment Action Play Systems l!IH Fry & Associates Playground Equipment Dynamo 5" Fry & Associates Playground Equipment PlayTime lOK Fry & Associates Playground Equipment Rubber Desl11ns "' ErL & Associates Playground Equipment Primo Turf lOK E_ry_ & Associates Playground Equipment Zeuer WoodCarpet 15" Frv & Associates Shade and Shelters Plavwor!d PlavShade 8" Fry & Associates Shade and Shelters Classic Recreation 5" Fry & Associates Water Parks Splash Pad s" J. Oliver Construction LLC Playground Equipment Catalog Henderson Recreation 5" J. Oliver Construction LLC Playground Furnishing Catalog Vista Furnlshlna 5" Parte Planet dba of Parle Assodates,lnc Playground EqulpJIIent Ultra Play l!IH Parte Planet dba of Parte Assodates,lnc Playground Furnishing Catalot:l UltraSite l!IH Parte Planet dba of Parle Assodates,lnc Playground Equipment Catalog PlayCraft Systems, Inc l!IH Parte Planet dba of Parle Assodates,lnt Playground Fumlshlna PlayCraft Systems Inc "' Parte Planet dba of Parte Assodates Inc IDS Sculplture-Catalog PlavCraft Svstems Inc 5" Parte Planet dba of Parte Assodates Inc Playground Surfacing Eco-Turf Surfacin.ll Products l!IH Park Planet dba of Parte Associates, Inc Playground Catalog UPCParks lOK Park Planet dba of Park Associates Inc Fitness Equulpment Catalog Plavcraft Action Fit lOK Park Planet dba of Parte Associates, Inc Shade and Shelters Superior Recreational Products lOK P~cape Recreation Athletic Equlpoment Catalog First Team lOK Plavscape Recreation Site Furnish Ina Frog Furnishings l!IH PlavscaDe Recreation Playground Equipment Big Toys 3" Playscape Recreation Playground Instruments Freenotes Harmony Park "' l'~pe Recreation Playground Equipment Play & Parte Structures 25" ~pe Recreation Shade and Shelters Superior Recreational Prod~o~cts '"' Plavsca111 Recreation W1terPartc WaterPiay '"' Tavlormade Co dba Ecoturf Surfadng Plavlround Surfadn.11 Ecoturf Surfacing 20H BILL SUMMARY BILL NO: 2022-017 SPONSOR: Councilmember Fitzwater SUBJECT: Amending Chapters 32, Sec . 230 of the City Code, Pertaining to Litter DATE INTRODUCED: June 21 , 2022 Staff Recommendation: Approve. Summary: The proposed bill will authorize revisions to Section 230 of Chapter 32 of the City Code. Origin of Request: Property Maintenance Division Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE : SONNY SANDERS/DAVE HELMICK Background Information: The current litter code does not provide effective notification and abatement action for situations where the material that is deposited on streets , sidewalks, and right-of-way constitute a hazard to pedestrian and vehicular traffic. The revisions to this section will allow the City to notify owner, occupant or other interested party to remove the hazard. If no voluntary compliance is achieved, then these revis ions direct the City to abate the hazardous conditions. This topic was presented and was received favorably by the Public Works and Planning Committee during their meeting on June 9, 2022 Fiscal Information: No fiscal impact. Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-017 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 32, SECTION 230. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 32 Streets, Sidewalks and Right-Of-Way, of the Code of the City of Jefferson, Missouri, is amended as follows: Sec. 32-230. Litter. A. Each person in the City shall keep the sidewalks, tree wells in sidewalks, gutters, public rest areas and public alleys in front of and adjacent to any building, tenement, room or real property owned, occupied, possessed or managed by him, or under his supervision and control, clean and clear of mud, filth, dirt, debris, trash, litter and other substances, and weeds and grass, and shall also keep any grass median area between the property line and the street in front of or adjacent to any such property mowed and free from filth, debris, trash, litter and weeds, and shall also keep the sidewalks in front of and adjacent to any such property free and clear of any accumulation of snow and ice, which presents a hazard to pedestrians. If any such building abuts directly upon a public street, that portion of such public street so abutting the building shall be kept clean and clear of filth, dirt, debris, trash, litter and other substances. Any City Officer or duly authorized employee shall serve notice on such person, and should the sidewalk controlled by him/her not be cleaned within twenty-four (24) hours of time after receipt of such notice, such person shall be subject to the penalty provisions of this subsection. If the City is unable to locate or notify any responsible person pursuant to this subsection, or if upon notification such person is unable or unwilling to abate the hazardous or unsafe conditions, or if such person agrees to abate the conditions but fails to do so, the City may proceed to abate such conditions. Cost of abatement will be assessed as detailed in Sec. 21-12 of City code. Violation of this subsection is a misdemeanor, and any person convicted thereof shall be fined not less than $50.00, or more than $250.00, or shall be sentenced to a term of confinement of not less than one and not more than 90 days in jail, or shall be both so fined and sentenced. Each day that the condition exists in violation of this subsection constitutes a separate offense. B. Each person in the City shall further keep any yards, grounds, driveways and any other private, nonpublic real property owned, occupied, possessed or managed by him, or under his supervision and control, clean and clear of filth, debris, trash, litter, weeds and other substances. Violation of this subsection is a misdemeanor, and any person convicted thereof shall be subject to the same penalties as are prescribed for a violation of the provisions of subsection A. C. Each person shall keep any parking lot in the City which is owned or managed by him, or which is under his supervision and control, clean and clear of filth, debris, trash, litter and other substances. Violation of this subsection is an offence and any person convicted thereof shall be subject to the same penalties as are prescribed for a violation of the provisions of subsection A. D. It is unlawful for any person, purposely or otherwise, to throw, place or deposit, or to cause to be thrown, placed or deposited, upon any public street, alley, sidewalk, tree well in sidewalks, gutter, rest area or public Editor’s note: Deleted language shown thus. Added language shown thus. property of any other kind or description, or upon private property of any kind or character, or in any stream bank, stream, or body of water, any garbage, filth, debris, trash, rubbish, litter of any other kind, nature or description, offal, animal carcass or parts thereof, unclean water, or other substances, materials or objects declared to be a nuisance, other than in proper containers or receptacles designed and authorized for such purpose. Violation of this subsection is an offence, and any person convicted thereof shall be fined not less than $50.00, or more than $500.00, or shall be sentenced to a term of confinement of not less than one and not more than 90 days in jail, or shall be both so fined and sentenced. Notwithstanding the foregoing, if any person is convicted of a violation of this subsection, and if the court finds that the violation occurred while the person was the driver or occupant of an automobile, truck or motor vehicle of any other description, whether said vehicle was then moving or at rest, then the minimum fine for the violation shall be $25.00, and the minimum sentence of confinement shall be one day, and the maximum fine and sentence shall be as set forth in this subsection. E. No person shall deposit any trash, rubbish or solid waste from any household in any container or receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or the general public. Violation of this subsection is an offence. F. No person who owns or manages, or who is employed by, a commercial establishment or institution, shall deposit trash, rubbish or solid waste from that establishment or institution in any container or receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or the general public. Violation of this subsection is an offence. G. Any police officer, property inspector, or any employee of the City authorized by the City Administrator who has the authority to issue tickets, shall have authority to enforce the provisions of this section, including the issuance of tickets, citations and summons to appear in court. (Ord. No. 16023 , § 1, 4-6-2020) Cross reference(s)—Materials escaping on roadway, § 19-314; vehicle load restrictions, § 19-315; solid waste, ch. 30; prohibited practices, § 30-19. Section 2. 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 BILL SUMMARY BILL NO: 2022-018, 2022-019 , 2022-020 , 2022-021 I 2022-022 , 2022-023 , 2022-024 SPONSOR: Councilmember Fitzwater SUBJECT: Amending Chapters 8 and 13 of City Code, Pertaining to Updating the Construction and Fire prevention codes from the 2015 Editions to the 2018 Editions from the International Code Council. DATEINTRODUCED: June21 ,2022 ~ b DEPARTMENT DIRECTOR: ·=-;(' _ CITY ADMINISTRATOR: .#= 4-? Staff Recommendation: Approve. Summary: These proposed bills are modifications to City Code to adopt updated versions of various construction and fire prevention codes. Overall , ten (1 0) different International Code Council (ICC) model codes and the 2017 NFPA National Electric Code are recommended to be adopted by reference . Each code addresses unique aspects of building construction , maintenance and use . Origin of Request: Building Regulations Division Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Matthew Kreyl i ng Background Information: In general , building codes provide minimum construction standards to protect the health , safety and welfare of the users of the structures. Since new materials and techniques are being developed, building codes are constantly be ing reviewed and modified by the construction industry. Another source of code updates is caused by disasters or building failures with loss of life. To assist in this industry update , the International Code Council (ICC) is a leading building code organization. Proposed updates are reviewed and approved by its members . These updates are published every three (3) years and are then made available for adoption by communities . The City of Jefferson has adopted versions of model building codes since May of 1935 to help protect its citizens . The last building code adoption was the 2015 edition in August of 2017 . Since the City Council has recognized the importance of updating build ing codes , it passed a resolution (RS 2019-17) in February 2019 to form an Ad Hoc Steering Committee (referred to as the "Committee") and its several sub-committees to review and make recommendations on the new code editions . Fiscal Information: No fiscal impact. The Committee members were appointed by the City Council and are comprised of seven (7) individuals. The Committee first met in February of 2020 and formed three (3) technical subcommittees to review the various codes. The committee appointed members from itself to chairs and vice chairs of the subcommittees for coordination. In all, sixteen (16) volunteers from the community reviewed the codes and included: • Eight (8) design professionals (architects and engineers) • Five (5) contractors • Two (2) members related to construction (material suppliers, fire inspector) • One (1) owner/developers The Committee members are: Chris Yarnell – Chair Nick Borgmeyer Bruce Dawson Jim Dove Wes Doerhoff – Vice-Chair Nick Peckham Holly Stitt The technical sub-committee members are: Building, Existing Building, Property Maintenance, and Fire Codes: Wes Doerhoff – Chair Nick Borgmeyer Holly Stitt Brian Connell Emad Faddoul Fuel Gas, Energy Conservation, and Mechanical Codes : Nick Peckham – Chair Jim Dove Holly Stitt Fred Malicoat Bret Stieferman Jeremy Wilhelm Residential, Swimming Pool & Spa, and Wildland Urban Interface Codes: Chris Yarnell – Chair Bruce Dawson Holly Stitt Mike Crocker Emad Faddoul Dean Holtmeyer Bob Scruggs Charles Skornia Primary City Staff that attended meetings: Jason Turner, Division Chief – JCFD Matthew Kreyling, Building Official – PPS Brian Allen, Building Inspector - PPS Besides committee members listed above, technical experts in various areas were invited to meetings to share their professional opinions on topics. In addition, a web page was created on the City of Jefferson’s web site for communicating progress on the building code review. The page is located at: https://www.jeffersoncitymo.gov/government/building_regulations/2018_building_code_review.php The final building code recommendation from the Committee was made on March 24, 2022. This was after more than 33 public meetings to review the codes in detail. The final recommendation was to adopt the following codes with amendments: 1. NFPA 70 National Electric Code, 2017 Edition* 2. 2018 International Plumbing Code* 3. 2018 International Mechanical Code* 4. 2018 International Fuel Gas Code* 5. 2018 International Energy Conservation Code 6. 2018 International Building Code* 7. 2018 International Residential Code* 8. 2018 International Existing Building Code* 9. 2018 International Swimming Pool and Spa Code* 10. 2018 International Property Maintenance Code* 11. 2018 International Fire Code* * Previous versions of this model code have been adopted. Please note that items number 1 & 2 on this list were recommended by the City’s Electrical and Plumbing licensing boards. By City Ordinance, these codes are reviewed annually by the standing board for any revision or updating to newer editions. The code review recommendation to the City Council includes adoption of an additional model code, specifically the Energy Conservation Code. While the Residential Code contains insulation requirements for the construction of single-family and two-family (duplex) buildings, the Building Code relies on the requirements of the Energy Conservation Code for minimum standards in building equipment energy usage and exterior envelope insulation standards. Adopting this code directly into City Code defines enforcement of the entire specialized code. Otherwise, this code would be limited to a small portion of its reference in other codes. The adoption of this code will fill in a technical gap within the City’s adoption of construction codes. During review of the 2018 code editions, the main concern was regarding a retroactive requirement to install automatic sprinkler systems in banquet halls, nightclubs, restaurants, cafeterias, taverns and bars that met specific criteria. Ultimately, the committee has recommended an amendment to delete this new requirement. The increase in safety brought about by such a broad application of a requirement that would be triggered by the continuation of an otherwise legal use was seen as onerous for building owners and tenants. The codes have and continue to allow for and require upgrades to safety systems when a building owner or tenant initiates a construction project of their own accord. Minutes of the public meetings conducted are online under “Ad Hoc Steering Committee on Building Construction Codes - 2018” meeting at: https://portal.laserfiche.com/Portal/Browse.aspx?id=600573&repo=r -49e9e584 Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-018 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, SECTION 8-2 AND SECTION 8-3 BY REPLACING THE ADOPTION OF THE NATIONAL ELECTRICAL CODE 2014 AND AMENDMENTS TO THE NATIONAL ELECTRICAL CODE 2014 BY THE ADOPTION OF NFPA 70, NATIONAL ELECTRICAL CODE, 2017 EDITION. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section1. The Code of the City of Jefferson, Chapter 8 (Buildings and Building Regulations), Section 8-2 (Adoption of National Electrical Code 201 4), is hereby deleted and the following is added in lieu thereof: Sec. 8-2. Adoption of NFPA 70, National Electrical Code, 2017 Edition “NFPA 70, National Electrical Code, 2017 Edition”, published by the National Fire Protection Association, including Informative Annex H “Administration and Enforcement,” is hereby adopted and incorporated herein by reference, as the Electrical Code of the City of Jefferson., with the additions, insertions, deletions and changes contained within this Chapter. (Ord. No. 10671, § 18, 6-16-86; Ord. No. 11245, § 1, 6-19-89; Ord. No. 11579, § 18, 5-20-91; Ord. No. 12751, § 2, 5-18-98; Ord. 13579, § 1, 7-21-2003; Ord. 14107, § 1, 10-16-2006; Ord. 14485, § 1, 3-2-2009; Ord. No. 15702, § 1 8-21-2017) Cross reference— Ordinances not affected by Code generally, § 1-3. Section 2. The Code of the City of Jefferson, Chapter 8 (Buildings and Building Regulations), Section 8-3 (Amendments to National Electrical Code 2014), is hereby deleted and the following is added in lieu thereof: Sec. 8-3. Amendments to NFPA 70, National Electrical Code, 2017 Edition The following additions, insertions, deletions and changes are made to the National Fire Protection Association (NFPA) 70, National Electrical Code, 2017 Edition, including Informative Annex H “Administration and Enforcement,” otherwise referred to herein as the Electrical Code of the City of Jefferson: Delete Section 210.12, ARC Fault Circuit Interrupter Protection: in its entirety. Delete Sections 80.15 thru 80.35 and insert in its place the following: 80.15. Board of Electrical Examiners and Review: Division 1 of Article XII, Chapter 7, establishes a board of electrical examiners and review with attendant duties and powers. Whenever reference is made to the "Board" in Section 8-3 of Chapter 8 of the Code of the City of Jefferson, Missouri, reference is to the Board of Electrical Examiners and Review. 80.16. Duties of the Board: The Board shall act on grievances by an applicant for an electrical permit, the Editor’s note: Deleted language shown thus. Added language shown thus. holder of an electrical permit, or the owner and/or agent of a building or structure wherein electrical work is to be installed. Such referral shall be an appeal from the decision of the Electrical Inspector, or his or her authorized agent or representative, refusing to grant a modification of provisions of the Electrical Code governing the installation or materials to be used by the installation. Application for appeal will be received by the Director of Planning and Protective Services of the City of Jefferson, or his or her authorized representative, when it is alleged that: 1.The true intent of the Electrical Code or the rules adopted thereunder has been incorrectly interpreted. 2.The provisions of the Electrical Code do not fully apply. At such time as the Board meets to act on such an appeal, if one of the me mbers of said Board has a financial or material interest in the appeal, that member shall not have a vote. A simple majority of those members voting shall constitute a qualified decision. In the event the voting members of the Board are evenly divided, the decision of the Electrical Inspector shall be affirmed. The Board may review the Electrical Code and shall transmit to the City Council any and all recommendations and/or changes that are necessary to update the Electrical Code. 80.17. Meetings of the Board: The Board shall meet at such intervals as may be necessary for the proper performance of its duties, and upon call of the Board Chair, but in any case not less than twice a year. Minutes of all meetings will be kept on file and submitted to the City Council. 80.18. Electrical Inspector: The administration and enforcement of the Electrical Code shall be the responsibility of the Director of Planning and Protective Services or his or her designated representative, the Electrical Inspector, who is hereby authorized to take such action as may be necessary to enforce this section. 80.19. Qualifications of Electrical Inspector: The Electrical Inspector shall be of good moral character and be physically able to carry out all of the provisions of the Electrical Code. The Electrical Inspector shall have 4,000 or more hours experience as a journeyman in the trade. The Electrical Inspector shall be a certified journeyman electrician, but shall not be actively engaged in the electrical business or associated with any person, firm or corporation engaged in the electrical business. The Electrical Inspector shall obtain a master electrician license and all applicable International Code Council electrical certificates within two (2) years of being appointed by the City Administrator. 80.20. Appointment of the Electrical Inspector. The Electrical Inspector shall be appointed by the City Administrator. 80.21. Duties of the Electrical Inspector. It shall be the duty of the Electrical Inspector to enforce the provisions of the Electrical Code and to make all inspections that are required thereunder, and to issue all permits, collect all fees and keep all records required under this section. The Electrical Inspector shall also have the duty to perform all tasks and services delegated to him by other City Code sections, the Mayor, or other supervisory personnel. 80.22. The Electrical Inspector shall issue permits for the performance of electrical work. Applications for such permits, describing the work to be done, shall be made by the person firm or corporation to perform the work on such forms as may be prescribed or approved by the Electrical Inspector. Permits must be taken out before any work is stated. If additional permits are required, they must be applied for before final inspection is made. 80.22.1. Inspections. The Electrical Inspector shall have the right, during all reasonable hours in which work is being performed under a permit, to enter any building in the discharge of his or her duties or for the purpose of making an inspection or test new installations of electrical wiring, devices or materials contained therein. 80.22.2. Disconnection. The Electrical Inspector shall have the authority to cause all electrical current to be turned off and may cut or disconnect, in case emergency, any wires where such electrical current is dangerous to life or property or where said wires may interfere with the work of the fire department. 80.22.3. Certificates of Inspection and Approval. Upon the completion of the installation of the wiring and/ or electrical equipment for which a permit is required, it shall be the duty of the person, firm or corporation Editor’s note: Deleted language shown thus. Added language shown thus. installing the same to notify the Electrical Inspector who shall inspect the installation within twenty-four (24) hours of the time such notice is given (exclusive of Saturdays, Sundays and holidays), and if it is found to be fully in compliance with this code and if it does not constitute a hazard to life and property, then upon payment of the proper fees as hereafter designated, the Electrical Inspector shall issue to such person, or firm or corporation for delivery to the owner of the premises a Certificate of Inspection and Approval that authorizes connection to the electrical service and turning on the current. When any part of a wiring installation is to be hidden from view by the permanent placement of parts of the building, the person, firm or corporation installing the wire shall notify the Electrical Inspector and such part of the wiring installation shall not be concealed until it has been inspected and approved by the Electrical Inspector or until twenty four (24) hours (exclusive of Saturdays, Sundays and holidays) shall have elapsed from time of such notification, providing that on large installations where the concealment of parts of the installation proceeds continuously, the person, firm or corporation installing the wiring shall give the electrical Inspector due notice and inspection shall be made during the progress of the work. 80.22.4. Commercial Buildings Change of Occupancy, Procedure. The Electrical Inspector shall make a thorough inspection or re-inspection of the installation of any commercial building where a change of occupancy takes place, of all electrical wiring, devices, and/ or materials and issue a Certificate of Inspection and Approval to the new occupant(s) authorizing connection to the electrical service and turning on of the current. When the installation of any such wiring, devices, and or materials is found to be unsafe or dangerous condition, the person, firm or corporation using or operating the same shall be notified and shall make necessary repairs or changes required to place such wiring, devices, and or materials in a safe condition and they shall have such work completed within fifteen (15) days or any longer period that may be prescribed in the notice of the Electrical Inspector. The Inspector is hereby empowered to disconnect or order the discontinuance of electrical service to such wiring, devices, and/ or materials until the installation of such wiring, devices and/ or materials has been made safe as directed by the Electrical Inspector. 80.22.5. Records. The Electrical Inspector shall keep complete records of all permits issued and inspections made and other official work performed under the terms of this section. Notices of violations shall: a. Be put in writing; b. Include a statement of the reasons why it is being issued. c. Allow a reasonable (specified) period of time for the performance of any act it requires. d. Be served upon the owner, or the owner's agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served personally; or if a copy thereof is sent by registered mail to the last known address; or if a copy thereof is posted in a conspicuous place in or about the structure affected by the notice. e. Such notice may contain an outline of remedial action provisions of this code along with rules and regulations adopted pursuant thereto. 80.22.6 Fees. The Electrical Inspector shall collect such fees for licenses, permits, certificates and inspection as may be prescribed by this Chapter. 80.23. Licenses. No person, firm or corporation shall engage in the business of electrical work in the City of Jefferson unless licensed as an electrical contractor. The business of electrical work shall mean the supplying of labor and materials for the installation, alteration or repair of electrical systems. 80.23.1. Exemptions: No license or permit is required for the performance of the following dwelling unit electrical work: a. Receptacle replacement (110 volt only). b. Single pole switch replacement c. Garbage disposals (plug in only) d. Light fixtures (110 volt only) e. Ceiling fan replacement Editor’s note: Deleted language shown thus. Added language shown thus. f. Furnace motor replacement g. Water heating element (electrical) replacement h. Smoke detector replacement i. Stove element replacement 80.24. The Board shall be empowered to approve applicants for the following licenses. a. Electrical Contractor b. Master Electrician c. Journeyman Electrician d. Maintenance Electrician 80.25. A license shall be issued to approve applicants who meet the following requirements and pay the prescribed fee. All examinations require a minimum passing score of 75%. 80.25.1. Electrical Contractor a. Submit application to the Electrical Inspector stating name, email, address, telephone number and business name. b. Applicant must be a licensed Jefferson City master electrician. c. The contractor shall provide a certificate of insurance coverage with their application as indicated below starting with the 2020 license renewal. The insurance shall be in effect while the contractor is licensed. It is further made a violation of this code to provide fraudulent information to the department. 1.Workers' compensation coverage or an affidavit signed by the applicant attesting that the contractor is exempt. 2.Minimum limits of Commercial General Liability insurance shall be $500,000 per occurrence for bodily injury, personal injury and property damage, with an annual aggregate of $500,000. 80.25.2. Master Electrician (type A) a. Submit application to the Electrical Inspector stating name, email, address and telephone number b. Provide documentation of 4,000 hours of active employment as a journeyman electrician or be registered with the State of Missouri as a professional engineer or architect and be actively engaged in the business of electrical contracting. All documentation of hours must be under the letter head of the electrical contractor(s) that the applicant worked for as a journeyman electrician. c. Provide record of 8,000 hours as an apprentice electrician. All documentation must be submitted under the letter head of the electrical contractor(s) under which the applicant worked as an apprentice electrician. d. Successfully complete examination required by the Board of Electrical Examiners. An applicant must provide proof that they meet the above requirements prior to taking the examination. 80.25.3. Journeyman Electrician (type B) a. Submit application to the Electrical Inspector stating name, email, address and telephone number. b. Provide documentation of 8,000 hours of employment as an apprentice electrician. All documentation must be under letter head of the electrical contractor(s) that the applicant worked for as an apprentice electrician. Successful completion of an electrical course at a trade school may be considered for credit towards the 8,000 hour requirement. c. Successfully complete examination required by the Board of Electrical Examiners. An applicant must provide documentation that they met the above requirements prior to taking the examination. Editor’s note: Deleted language shown thus. Added language shown thus. 80.25.4. Apprentice Electrician. Submit application stating name, email, address and phone number, and name of contractor where they are currently employed. 80.25.5. Maintenance Electrician: (type D) a. Submit application stating, name, email, address and phone number. b. Successfully complete examination required by the Board of Electrical Examiners. 80.26. Scope of Work Authorized: 80.26.1. Electrical Contractor shall be authorized to engage in the business of supplying material and labor for the installation, alteration or repair of electrical systems. 80.26.2 Master Electrician shall be authorized to do all types of electrical work as an electrical contractor or while employed by an electrical contractor licensed by the City of Jefferson. A Master Electrician who also holds one or more additional trade licenses with the City of Jefferson may supervise no more than two (2) apprentices in any one (1) trade at any one (1) permitted job site. 80.26.3 Journeyman Electrician shall be authorized to do all types of electrical work while employed by an electrical contractor licensed by the City of Jefferson. A Journeyman Electrician who also holds one or more additional trade licenses with the City of Jefferson may supervise no more than two (2) apprentices in any one (1) trade at any one (1) permitted job site. 80.26.4 Apprentice Electrician shall be authorized to do electrical work while employed by an electrical contractor and under the direct supervision of a licensed journeyman. The ratio of apprentice to journeyman shall be two (2) apprentices to one (1) journeyman. Apprentices may only obtain one (1) trade license per calendar year. 80.26.5 Maintenance Electrician shall be qualified to maintain industrial electrical installations. Any maintenance shall be confined to the repair and relocation of existing branch circuits, fixture, apparatus or equipment connected to hereto, and shall be confined to premises or building owned, occupied or otherwise controlled by the industrial firm. The maintenance electrician shall not be authorized to install, alter, or replace service equipment or feeder to any service equipment. 80.27. Fees for License 80.27.1 Electrical Contractor: A fee as stated in Appendix Y per calendar year, (January 1 thru December 31). The fee shall not be pro-rated. 80.27.2 Master Electrician: A fee as stated in Appendix Y. The license is renewable every three years (starting in July of 2021 and then triennially afterwards) for the fee stated in Appendix Y. 80.27.3 Journeyman Electrician: A fee as stated in Appendix Y. The license is renewable every three years (starting in July of 2021 and then triennially afterwards) for the fee stated in Appendix Y. 80.27.4 Apprentice Electrician: A fee as stated in Appendix Y per calendar year (January 1 thru December 31). The fee shall not be pro-rated. 80.27.5 Maintenance Electrician: A fee as stated in Appendix Y. The license is renewable every three years (starting in July of 2021 and then triennially afterwards) for the fee stated in Appendix Y. 80.28 Electrical Sign Work: All electrical work related to the installation of signs shall be performed by a licensed electrician with the exception of electrical wiring that is an integral part of the construction of the sign. 80.29 Licenses, Suspension or Revocation. The Board may suspend or revoke the license of any apprentice, journeyman, maintenance, or contractor electrician when charges are made against them by the Electrical Inspector, and the Board finds that the person charged is incompetent or had willfully violated the provisions of this code. Before any action is taken by the Board, the person charged shall be given at least ten (10) days' notice of the time and place of a formal hearing on said charges and the person charged shall be apprised of the nature of the charges. The person charged shall be given the opportunity to appear, in person or with an attorney of his or her choice, in order that they be heard, and they shall have the burden of showing cause why the license should not be suspended or revoked. The Board shall render its decision within a reasonable Editor’s note: Deleted language shown thus. Added language shown thus. time after the hearing. The decision shall be final. No appeal shall be allowed therefrom. The decision of the Board may permit the person charged to continue their trade and dismiss the charge; or the Board may suspend the license of the person charged for such period as the Board deems proper under all of the facts and circumstances; or the Board may permanently revoke the license of the person charged. A person whose license has been revoked by the Board shall not be permitted to re-apply for a license for a period of one (1) year, and must successfully pass any required examination for the license. 80.30. Non-Assignment of License: No person who has obtained an electrician's license shall allow his or her name to be used by another person either for the purpose of obtaining permits, or for doing business or work under the license. 80.31. Permits 80.31.1. A permit shall be required in each of the following cases: 1.For all electrical wiring in structures not previously wired; 2.For all rewiring where additional circuits from the panel are required and/or the service entrance panel is being replaced (this shall not include the replacement of individual outlets or switches); 3.For all extensions of or additions to existing wiring for supplying power loads such as furnaces, air conditioners and laundry appliances; 4.For connecting hot air, hot water, steam or electrical heating plants whether new or old installations; and, 5.For installation and additions to sound, audio/visual and/or communication equipment. 80.31.2. No permit shall be issued until an application is filed in writing with the Electrical Inspector and fees have been paid. Information supplied in the application shall include the following. 1.Location of work to be done: 2.Name and address of property owner: 3.Name and address of person or firm in charge of the work: 4.A brief description of the work to be done: 5.Capacity (amperes) of the entrance panel to be installed (if any); 6.Number of circuits to be installed; 7.KW rating of all appliances and furnaces and the square footage of the residence; 8.New one and two family residential units must have a complete load calculations with services sized to allow for 10 % spare capacity; 9.All new commercial and multifamily units must have complete electrical plans including service riser with load calculations and circuitry designations. Where required by State law, plans must be sealed by a licensed design professional registered in the State of Missouri. 80.32. Homeowner Permits: A permit may be issued to a qualified person (qualification shall be determined by a test of basic knowledge of electrical principles) to do work in a single family dwelling used exclusively for their living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided that the person is a bona fide owner of such dwelling and shall occupy said dwelling for one (1) calendar year after date of approved final inspection of work covered by the permit. Owner shall personally purchase all materials and perform all labor in connection therewith, and that the applicant shall file an affidavit certifying that these conditions are correct before the issuance of the permit. Work performed under any permit shall be subject to all applicable regulatory provisions of this code. 80.33. Permit Fee Schedule: The fees for building construction permits shall be set in Chapter 8, Appendix Y of the City Code. 80.34. Penalty Clause. Editor’s note: Deleted language shown thus. Added language shown thus. Fee for penalty for failure to obtain a building permit. Where work for which a permit is required by this Code is started prior to obtaining said permit, the fees specified in Appendix Y of the Code of the City of Jefferson shall be doubled. Should any person, firm or corporation commit a second offense by starting work without permit after so doing on a previous occasion, he shall pay three times the customary fee in order to obtain the necessary permit. Any offense shall subject the offender to prosecution under section 80.34.1. In the event any person firm or corporation fails to obtain the necessary permit(s) within 5 days after being notified in writing to do so by the building official, he shall pay in addition to the usual fee or increased penalty as provided above the sum of $25.00 for each day in excess of the aforesaid 5 days that transpire prior to his or her obtaining the necessary permit. The payment of any or several of the above stated penalty fees shall not relieve any person, firm or corporation from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein, or in the City Code. 80.34.1 Violation Penalties Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the building official, or of a permit or certificate issued under the provisions of this code, shall be punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. 80.35. Standards of Work. No Certificate of Inspection and Approval shall be issued unless the electric light, power and heating installations are in strict conformity with the provisions of this code and unless they are in conformity with the approved methods of construction for safety to life and property and unless the proper fees are paid as herein designated. The regulations as laid down in the Electrical Code shall apply to installations made under the provisions of this code. 80.36. Disapproval of Work, Procedure. When the Electrical Inspector shall reject all or part of any electrical installation, the owner thereof may, within five (5) days after receipt of written notice thereof from the Electrical Inspector, file a petition in writing for a review of said action with the Board upon receipt of which and after giving notice to all of the interested parties, the Board shall proceed to determine at a hearing at which all interested parties may be present in person and with an attorney, if the said electrical installation does comply with the provisions of this code. The Board shall render its decision in writing within three (3) days. Said decision shall be final and un-appealable. When the action or decision of the Electrical Inspector is being reviewed and in the event the members of the Board are evenly divided on the issue before them, the decision of the Inspector shall be deemed affirmed. If, upon final inspection, the installation is not found to be fully in compliance with this code, the Electrical Inspector shall at once forward to the person, firm or corporation installing the wiring a written notice stating the defects which have been found to exist. Upon bringing the installation into compliance, the grantee of the permit shall notify the Electrical Inspector. 80.37. Disclaimer Clause: This code shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical wiring and electrical systems for damage caused by any defect therein. Nor shall the City of Jefferson, or any of its inspectors, agents, or employees, including its Electrical Inspector, be held as assuming any such liability by reason of the inspection authorized herein or certificate of approval issued as herein provided. 80.38. Validity: The City Council hereby declares that, should any section, paragraph, sentence, or word of this section or of the code hereby adopted be declared for any reason to be invalid, it is the intent of the City Council that it would have passed all other portions of this section independent of the elimination here from of any such portion as may be declared invalid. (Ord. No. 11245, § 2, 6 -19-89; Ord. No. 11579, §§ 1-15, 5-20-91; Ord. No. 12751, § 3, 5-18-98; Ord. No. 13007, § 1, 12-20- 99; Ord. 13579, § 2, 7-21-2003; Ord. 14107, § 1, 10-16-2006; Ord. 14485, § 2, 3-2-2009; Ord. No. 15486, § 1, 2-1-2016; Ord. No. 11905, § 9, 5 -17-93; Ord. 14485, § 2, 3-2-2009; Ord. No. 12810, § 1, 9-8-98; Ord. 14485, § 2, 3-2-2009; Ord. No. 15128, § 1, 6-17-2013; Ord. No. 15703, § 2, 8-21-2017; Ord. No. 15916, § 1, 5-20-2019) Section 3. This Ordinance shall be in full force and effect from 60 (sixty) calendar days after the date of its passage and approval. Passed : ------------------------Approved: ___________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk Editor's note : Deleted language shown tffils. Added language shown thus. BILL SUMMARY BILL NO: 2022-018, 2022-019 , 2022-020 , 2022-021 I 2022-022 , 2022-023 , 2022-024 SPONSOR: Councilmember Fitzwater SUBJECT: Amending Chapters 8 and 13 of City Code, Pertaining to Updating the Construction and Fire prevention codes from the 2015 Editions to the 2018 Editions from the International Code Council. DATEINTRODUCED: June21 ,2022 ~ b DEPARTMENT DIRECTOR: ·=-;(' _ CITY ADMINISTRATOR: .#= 4-? Staff Recommendation: Approve. Summary: These proposed bills are modifications to City Code to adopt updated versions of various construction and fire prevention codes. Overall , ten (1 0) different International Code Council (ICC) model codes and the 2017 NFPA National Electric Code are recommended to be adopted by reference . Each code addresses unique aspects of building construction , maintenance and use . Origin of Request: Building Regulations Division Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Matthew Kreyl i ng Background Information: In general , building codes provide minimum construction standards to protect the health , safety and welfare of the users of the structures. Since new materials and techniques are being developed, building codes are constantly be ing reviewed and modified by the construction industry. Another source of code updates is caused by disasters or building failures with loss of life. To assist in this industry update , the International Code Council (ICC) is a leading building code organization. Proposed updates are reviewed and approved by its members . These updates are published every three (3) years and are then made available for adoption by communities . The City of Jefferson has adopted versions of model building codes since May of 1935 to help protect its citizens . The last building code adoption was the 2015 edition in August of 2017 . Since the City Council has recognized the importance of updating build ing codes , it passed a resolution (RS 2019-17) in February 2019 to form an Ad Hoc Steering Committee (referred to as the "Committee") and its several sub-committees to review and make recommendations on the new code editions . Fiscal Information: No fiscal impact. The Committee members were appointed by the City Council and are comprised of seven (7) individuals. The Committee first met in February of 2020 and formed three (3) technical subcommittees to review the various codes. The committee appointed members from itself to chairs and vice chairs of the subcommittees for coordination. In all, sixteen (16) volunteers from the community reviewed the codes and included: • Eight (8) design professionals (architects and engineers) • Five (5) contractors • Two (2) members related to construction (material suppliers, fire inspector) • One (1) owner/developers The Committee members are: Chris Yarnell – Chair Nick Borgmeyer Bruce Dawson Jim Dove Wes Doerhoff – Vice-Chair Nick Peckham Holly Stitt The technical sub-committee members are: Building, Existing Building, Property Maintenance, and Fire Codes: Wes Doerhoff – Chair Nick Borgmeyer Holly Stitt Brian Connell Emad Faddoul Fuel Gas, Energy Conservation, and Mechanical Codes : Nick Peckham – Chair Jim Dove Holly Stitt Fred Malicoat Bret Stieferman Jeremy Wilhelm Residential, Swimming Pool & Spa, and Wildland Urban Interface Codes: Chris Yarnell – Chair Bruce Dawson Holly Stitt Mike Crocker Emad Faddoul Dean Holtmeyer Bob Scruggs Charles Skornia Primary City Staff that attended meetings: Jason Turner, Division Chief – JCFD Matthew Kreyling, Building Official – PPS Brian Allen, Building Inspector - PPS Besides committee members listed above, technical experts in various areas were invited to meetings to share their professional opinions on topics. In addition, a web page was created on the City of Jefferson’s web site for communicating progress on the building code review. The page is located at: https://www.jeffersoncitymo.gov/government/building_regulations/2018_building_code_review.php The final building code recommendation from the Committee was made on March 24, 2022. This was after more than 33 public meetings to review the codes in detail. The final recommendation was to adopt the following codes with amendments: 1. NFPA 70 National Electric Code, 2017 Edition* 2. 2018 International Plumbing Code* 3. 2018 International Mechanical Code* 4. 2018 International Fuel Gas Code* 5. 2018 International Energy Conservation Code 6. 2018 International Building Code* 7. 2018 International Residential Code* 8. 2018 International Existing Building Code* 9. 2018 International Swimming Pool and Spa Code* 10. 2018 International Property Maintenance Code* 11. 2018 International Fire Code* * Previous versions of this model code have been adopted. Please note that items number 1 & 2 on this list were recommended by the City’s Electrical and Plumbing licensing boards. By City Ordinance, these codes are reviewed annually by the standing board for any revision or updating to newer editions. The code review recommendation to the City Council includes adoption of an additional model code, specifically the Energy Conservation Code. While the Residential Code contains insulation requirements for the construction of single-family and two-family (duplex) buildings, the Building Code relies on the requirements of the Energy Conservation Code for minimum standards in building equipment energy usage and exterior envelope insulation standards. Adopting this code directly into City Code defines enforcement of the entire specialized code. Otherwise, this code would be limited to a small portion of its reference in other codes. The adoption of this code will fill in a technical gap within the City’s adoption of construction codes. During review of the 2018 code editions, the main concern was regarding a retroactive requirement to install automatic sprinkler systems in banquet halls, nightclubs, restaurants, cafeterias, taverns and bars that met specific criteria. Ultimately, the committee has recommended an amendment to delete this new requirement. The increase in safety brought about by such a broad application of a requirement that would be triggered by the continuation of an otherwise legal use was seen as onerous for building owners and tenants. The codes have and continue to allow for and require upgrades to safety systems when a building owner or tenant initiates a construction project of their own accord. Minutes of the public meetings conducted are online under “Ad Hoc Steering Committee on Building Construction Codes - 2018” meeting at: https://portal.laserfiche.com/Portal/Browse.aspx?id=600573&repo=r -49e9e584 Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-019 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, SECTION 8-4 AND SECTION 8-5 BY REPLACING THE ADOPTION OF THE INTERNATIONAL PLUMBING CODE 2015 AND AMENDMENTS TO THE INTERNATIONAL PLUMBING CODE 2015 BY ADOPTION OF THE 2018 INTERNATIONAL PLUMBING CODE. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section1. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -4 (Adoption of the 2015 International Plumbing Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-4. Adoption of the 2018 International Plumbing Code The 2018 International Plumbing Code published by the International Code Council, Inc. is hereby adopted and incorporated herein by reference as the Plumbing Code of the City of Jefferson, with the additions, insertions, deletions and changes contained in this chapter. (Ord. No. 9142, 7-17-78; Ord. No. 10398, 84, 4 -1-85; Ord. No. 11202:1, 4-17-89; Ord. No. 12750, 5-18-98; Ord. 13578, § 1, 7-21-2003; Ord. 14106, § 1, 10-16-2006; Ord. 14484, § 1, 3-2-2009; Ord. No. 15704, § 1, 8-21-2017) Section 2. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8-5 (Amendments to the 2015 International Plumbing Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-5. Amendments to the 2018 International Plumbing Code The following addition, insertions, deletion and changes in the 2018 International Plumbing Code and contained in this chapter shall be as set out below: Section 101.1: Insert the words "City of Jefferson" as the name of the jurisdiction. Section 103: Department of Plumbing Inspection Delete Section 103.1, 103.2, and 103.3 and insert in their place: 103.1 General: The department of plumbing inspection known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words "code official" appear in this code, it shall mean the Director of Planning and Protective Services or his or her designee, such designee to be also known as the "Plumbing Inspector." 103.1.1 Qualifications of Plumbing Inspector: The Plumbing Inspector shall be of good moral character and be physically able to carry out all the provisions of the Plumbing Code. The Plumbing Inspector shall have 4,000 or more hours experience as a licensed journeyman in the trade. The Plumbing Inspector shall be a City of Jefferson licensed journeyman plumber, but shall not be actively engaged in the plumbing business, nor associated with the operation of any person, firm or corporation engaged in the plumbing business in Jefferson City. The Plumbing Inspector shall obtain Editor’s note: Deleted language shown thus. Added language shown thus. a Master Plumber license and all applicable International Code Council plumbing certificates within two (2) years of being appointed by the City Administrator. 103.2 Appointment: The Plumbing Inspector shall be appointed by the City Administrator. 103.3 Deputies: The Director of Planning and Protective Services shall recommend to the City Administrator the employment of plumbing inspectors and other employees in sufficient numbers to assure enforcement of the Plumbing Code. Section 106.1: Add the following: 106.1.3 Permit Application: Application for permits for plumbing work shall be made on forms provided by the City Administrator. 106.1.4 Permits: Plumbing permits shall only be issued to licensed plumbing contractors and approved qualified home owners. 106.1.5 Homeowner Permits: A permit may be issued to a qualified person (qualification shall be determined by a test of basic knowledge of plumbing principles) to do work in a single family dwelling used exclusively for their living purposes, including the usual accessory buildings and quarters in connection with such buildings, provided that the person is a bona fide owner of such dwelling and shall occupy said dwelling for one (1) calendar year after date of approved final inspection of work covered by the permit. Owner shall personally purchase all materials and perform all labor in connection therewith, and that the applicant shall file an affidavit certifying that these conditions are correct before the issuance of the permit. Work performed under any permit shall be subject to all applicable regulatory provisions of this Code. Section 106.2: Add the following items to exempt work: 3.a) Water faucet repair/replacement b) Toilet tank fixtures repair/replacement c) Bathroom stool replacement d) Bathroom/kitchen drains unclogging Section 106.6.1: Replace this section with the following: Where work for which a permit is required by this Code is started prior to obtaining said permit, the fees specified in Appendix Y of the Code of the City of Jefferson shall be doubled. Should any person, firm or corporation commit a second offense by starting work without permit after so doing on a previous occasion, he or she shall pay three times the customary fee in order to obtain the necessary permit. Any offense shall subject the offender to prosecution under section 108.4. In the event any person, firm or corporation fails to obtain the necessary permit(s) within 5 days after being notified in writing to do so by the Building Official, he or she shall pay in addition to the usual fee or increased penalty as provided above the sum of $25.00 for each calendar day in excess of the aforesaid 5 days that transpire prior to his or her obtaining the necessary permit. The payment of any or several of the above stated penalty fees shall not relieve any person, firm or corporation from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein, or in the City Code. Section 106.6.2: Insert the following: The fees for building construction permits shall be set in Appendix Y of the City Code for the City of Jefferson. Section 106.6.3 Fee refunds: Delete this section. Section 107.2: Add item (4): (4) Notice of inspection; it shall be the duty of the permit holder to contact the Department of Planning and Protective Services to arrange for each required inspection. The permit holder shall allow twenty-four (24) hours for the Plumbing Inspector or Code Enforcement personnel to conduct Editor’s note: Deleted language shown thus. Added language shown thus. required inspections during the City's normal working hours. Section 108.4: Replace this section with the following: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this code, shall be punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section 108.5: Replace the last seven words with the following: "…shall be subject to the penalties specified in Section 108.4." Section 109: Delete Sections 109.2 thru 109.7 and insert in their place the following: 109.2 Board of Plumbing Review and Examiners, Appointment and Term of Office: Division 2 of Article XIII, Chapter 7, establishes a board of plumbing examiners and review with attendant duties and powers. Whenever reference is made to the "Board" in Section 8-4 of Chapter 8 of the Code of the City of Jefferson, Missouri, reference is to the board of plumbing review and examiners. 109.2.1 Duties of the Board: The Board shall act on grievances by an applicant for a plumbing permit, the holder of plumbing permit, or the owner and/or agent of a building or structure wherein plumbing work is to be installed. Such grievances shall be an appeal of the decision of the Plumbing Inspector or authorized agent or representative. A grievance is refusing to grant a modification of provision of the Plumbing Code governing the installations or materials to be used. Applications for appeal will be submitted to the Director of Planning and Protective Services or an authorized representative, when it is claimed that: 1.The true intent of the Plumbing Code or rules adopted thereunder has been incorrectly interpreted. 2.The provisions of the Plumbing Code do not fully apply. At such time as the Board meets to act on such an appeal, if one of the members of said Board has a financial or material interest in the appeal, that member shall not vote. A simple majority of those voting shall constitute a qualified decision. In the event the voting members of the Board are evenly divided, the decision of the Plumbing Inspector shall be affirmed and the Board may review all examinations and the Plumbing Code and shall transmit to City Council any and all recommendations and/or changes necessary to update the Plumbing Code. 109.2.2 Meeting of the Board: The Board shall meet at such intervals as may be necessary for the proper performances, upon call of the Board Chair, but not less than twice a year. Minutes of meetings will be kept on file for Council review. 109.2.3 Licenses: No person, firm or corporation shall install, repair, alter, or extend any plumbing system within the City of Jefferson unless licensed as required in this code. Plumbing System includes the water supply and distribution pipes; plumbing fixtures and traps; soil, waste and vent pipes, and sanitary and storm sewer and building drains; in addition to their respective connections, devices and appurtenances within a structure or premises (five (5) feet outside of the building is limited to 6" maximum diameter pipe for sewers and building drains and 2" maximum diameter pipe for water service) and their extension to the purveyors or other water supply and the connection there to a point of disposal. 109.2.3.1 Application, Qualification and Fee for Licenses: Persons desiring a license shall complete and submit to the Plumbing Inspector an application for license. (Applications are obtained from the Department of Planning and Protective Services). 109.2.4 Plumbing Contractor License: Persons desiring a Plumbing Contractor License shall be or employ full time a licensed Master Plumber and maintain a five thousand dollar ($5,000) surety bond. Said bond shall indemnify and keep harmless the City of Jefferson from all liability from any Editor’s note: Deleted language shown thus. Added language shown thus. accidents or damages arising from negligence or unskillfulness in doing or protecting work or any unfaithful or inadequate work done in pursuance of the Plumbing Business and that all street and right of way shall be restored to a condition acceptable to the City of Jefferson, Department of Public Works and shall maintain the acceptable condition for a period of one (1) year thereafter. This license is renewable annually for a fee as stated in Appendix Y and shall be renewed during January of the following calendar year. Persons licensed as a Plumbing Contractor shall immediately notify the Plumbing Inspector, in writing, of any changes of name, address, phone number, or location of their plumbing business. 109.2.4.1 Plumbing Contractor Insurance: The contractor shall provide a certificate of insurance coverage with their application as indicated below starting with 2020 license renewal. The insurance shall be in effect while the contractor is licensed. It is further made a violation of this code to provide fraudulent information to the department. a. Workers' compensation coverage or an affidavit signed by the applicant attesting that the contractor is exempt. b. Minimum limits of Commercial General Liability insurance shall be $500,000 per occurrence for bodily injury, personal injury and property damage, with an annual aggregate of $500,000. 109.2.5 Master Plumber Licenses: Persons desiring a license shall have been licensed as a journeyman with the City of Jefferson a minimum of two (2) years or provide proof of licensed journeyman and master experience acceptable to the Board, and score a minimum of 75% on the Thomson Pro-Metric Testing or Pearson VUE Master Plumber Examination or International Code Council International Plumbing Code and Fuel Gas Code. This license requires a fee as stated in Appendix Y and is renewable every three years (starting in July of 2022 and then triennially afterwards) for the fee stated in Appendix Y. A Master Plumber who also holds one (1) or more additional trade licenses with the City of Jefferson may supervise no more than two (2) apprentices in any one (1) trade at any one (1) permitted job site. 109.2.6 Journeyman Plumbing Licenses: Persons desiring a license shall have been licensed as an apprentice with the City of Jefferson a minimum of four (4) years and shall have worked under the direct supervision of a licensed journeyman or master plumber during these four (4) years or show proof of four (4) years plumbing experience acceptable to the Board and score a minimum of 75% on the Thomson Pro-Metric Testing or Pearson VUE Journeyman Plumbers Examination or International Code Council International Plumbing Code and Fuel Gas Code. This license requires a fee as stated in Appendix Y and is renewable every three years (starting in July of 2022 and then triennially afterwards) for the fee stated in Appendix Y. A Journeyman Plumber who also holds one (1) or more additional trade licenses with the City of Jefferson may supervise no more than two (2) apprentices in any one (1) trade at any one (1) permitted job site. 109.2.7 Apprentice Plumber License: Persons desiring a license to work as an apprentice plumber shall submit their name, address, phone number and social security number with the fee as stated in Appendix Y to the Plumbing Inspector. This license is renewable each calendar year. Holder of an apprentice plumber license may only work under the direct supervision of a licensed master or journeyman plumber. The ratio of apprentices to journeyman or master is two (2) to one (1). Apprentices may only obtain one (1) trade license per calendar year. 109.2.8 Licenses, Suspension or Revocation: The Board may suspend or revoke the license of any apprentice, journeyman, master or contractor plumber when charges are made against them by the Plumbing Inspector, and the Board finds the person charged is incompetent or had willfully violated the provisions of this Code. Prior to Board action, the person charged shall be given at least ten (10) days' notice of the time and place of a formal hearing on said charges and the person charged shall be apprised of the charges. The person charged shall be given the opportunity to appear in person or with an attorney and shall have the burden of showing cause why the license should not be suspended or revoked. The Board shall render its decision within a reasonable time after the hearing. The decision shall be final, no appeal shall be allowed. The Board may dismiss the charges, suspend the license for such period deemed proper or permanently revoke the charged person's license. A person Editor’s note: Deleted language shown thus. Added language shown thus. whose license has been revoked by the Board shall not be permitted to re-apply for a license for a period of one (1) year, and must successfully pass any required examination for the license. 109.2.9 Assignment of Contractor Licenses: No person licensed as a Plumbing Contractor shall allow this license to be used by others for the purpose of obtaining Plumbing Permits or knowingly allow non-licensed persons to do plumbing work. 109.3.0 Re-Examination: Persons who fail to pass the examination as prescribed may apply for re- examination after the expiration of one hundred twenty (120) days. Should applicant fail on re- examination, the applicant may not re-apply for a period of 120 days and shall be considered a new applicant. Section 305.4: Add the following line to this section: "The frost line in City of Jefferson, Missouri is 24 inches." Section 305.4.1: Replace this section with the following: 305.4.1 Sewer depth: Building sewers that connect to private sewage disposal systems shall be installed not less than 24 inches below finished grade at the point of septic tank connection. Building sewers shall be installed not less than 24 inches below finished grade. Section 312.6 Gravity Sewer Test: Delete this section. Section 312: Add these sections: 312.10.3 Testing of back flow prevention assemblies shall be conducted by City of Jefferson, Missouri licensed Journeyman or Master Plumber certified by the State of Missouri as a back flow prevention assembly tester. 312.10.4 Inspection and testing of back flow prevention assemblies: After the required test of a back flow prevention assembly at time of installation, the testing requirements shall become the responsibility of the water purveyor. Section 603 Water Service: Add this section: Section 603.1.1 Provide 14 gauge tracer wire or other approved utility location technology over water service lines from the structure to the water main connection (RSMo 319.033.1). Tables 605.3 Water Service Pipe, 605.4 Water Distribution Pipe, and 605.5 Pipe Fitting: Replace these tables with the following tables: Editor’s note: Deleted language shown thus. Added language shown thus. Table 605.3 Water Service Pipe Material Standard Brass Pipe ASTM B43 Copper on Copper Alloy Pipe ASTM B 42; ASTM B 302 Copper or Copper Alloy Tubing (Type K or WK) ASTM B 75; ASTM B 88; ASTM B 251; ASTM B 447 Cross-Linked Polyethylene (PEX) plastic tubing Plastic Pipe and Tubing ASTM F 876; ASTM F 877; AWWA C904 CSA B 137.5; SDR 9 4710 CTS Ductile Iron Water Pipe AWWA C 151; AWWA C 115 Polyethylene (PE) plastic pipe ASTM D 2239, ASTM D 3035, AWWA C901; CSA B137.11 Polyethylene PE Plastic Tubing ASTM D 2737; AWWA C901; CSA B 137.1 Stainless steel pipe (Type 304/304L) ASTM A 312, ASTM A 778 Stainless steel pipe (Type 316/316L) ASTM A 312, ASTM A 778 Editor’s note: Deleted language shown thus. Added language shown thus. Table 605.4 Water Distribution Pipe Material Standard Brass Pipe ASTM B 43 Copper or Copper Alloy Pipe ASTM B 42; ASTM B 302 Copper or Copper Alloy Tubing (Type K, WK, L, WL, M or WM) ASTM B 75; ASTM B 88; ASTM B 251; ASTM B 447 Cross-Linked Polyethylene (PEX) Plastic Tubing ASTM F 876, ASTM F 877 CSA B137.5 Cross-Linked Polyethylene/aluminum/high-density polyethylene (PEX-AL-HDPE) pipe ASTM F 1281, ASTM F 2262, CSA B137.10 Cross-Linked Polyethylene/aluminum/high-density polyethylene (PEX-AL-HDPE) ASTM F 1986 Ductile iron pipe AWWA C151/A21.51, AWWA C115/A21.15 Polyethylene/aluminum/polyethylene (PE-AL-PE) composite pipe ASTM F 1282 Polyethylene of raised temperature (PE-RT) plastic tubing ASTM F 2769 Polypropylene (PP) plastic pipe or tubing ASTM F 2389; CSA B137.11 Stainless steel pipe (Type 304/304L) ASTM A 312; ASTM A 778 Stainless steel pipe (Type 316/316L) ASTM A 312; ASTM A 778 Editor’s note: Deleted language shown thus. Added language shown thus. Table 605.5 Pipe Fittings Material Standard Cast Iron ASME B 16.4 Copper or Copper Alloy ASME B 16.15; ASME B 16.18; ASME B 16.22; ASME B 16.26; ASME B 16.51; ASSE 1061, ASTM F 1476, ASTM F 1548 Cross-linked polyethylene/aluminum/high-density polyethylene (PEX-AL-HDPE) ASTM F 1986 Fittings for polyethylene (PEX) plastic tubing ASSE 1061, ASTM F 877, ASTM F 1807, ASTM F 1960, ASTM f 2080, ASTM F 2098, ASTM F 2159, ASTM F 2434, ASTM F 2735, CSA B137.5 Fittings for polyethylene of raised temperature (PE-RT) plastic tubing ASTM F 1807, ASTM F 2098, ASTM F 2159, ASTM F 2735, ASTM F 2769 Gray Iron and Ductile Iron ASTM F 1476, ASTM F 1548, AWWA C110/A21.10; AWWA C153/A21.53 Insert for polyethylene/aluminum/polyethylene (PE-AL-PE) and cross-linked polyethylene/ aluminum/cross-linked polyethylene (PEX-AL-PEX) ASTM F 1974, ASTM F 1281, ASTM F 1282, CSA B137.9, CSA B 137.10M Metal (brass insert fittings for polyethylene/aluminum/polyethylene (PE-AL-PE) and cross-linked polyethylene/ aluminum/cross-linked polyethylene (PEX-AL-PEX) ASTM F 1974 Polyethylene (PE) Plastic ASTM D 2609, ASTM D 2683, ASTM D 3261, ASTM F 1055, CSA B 137.11 Polypropylene (PP) plastic pipe or tubing ASTM F 2389, CSA B137.11 Stainless steel (Type 304/304L) ASTM A 312, ASTM A 778, ASTM F 1476, ASTM F 1548 Stainless steel (Type 316/316L) ASTM A 312, ASTM A 778, ASTM F 1476, ASTM F 1548 Editor’s note: Deleted language shown thus. Added language shown thus. Steel ASTM B 16.9; ASME B 16.11,ASME B 16.28, ASTM F 1476, ASTM F 1548 Section 608.14.2.2: Add this section: 608.14.2.2 Back flow preventers installation height shall be one (1) foot minimum and five (5) feet maximum. Section 608.16.5: Replace this section with the following: 608.16.5 Connection to Lawn Irrigation System: The potable water supply to lawn irrigation system shall be protected against back flow by an atmospheric-type vacuum breaker, a pressure-type vacuum breaker, a double check-valve assembly or a reduced-pressure principle back flow preventer. A valve shall not be installed downstream from an atmospheric-type vacuum breaker. Where chemicals are introduced into the system, the potable water shall be protected by a reduced pressure principle back flow preventer. Section 608.17.1: Replace this section with the following: 608.17.1: An individual water supply shall be located constructed as currently required by the State of Missouri and U.S. Government (Federal) requirements to be safeguarded against contamination. State and Federal requirements shall govern if different than the following sections under this heading. Section 701.4 Sewage Treatment: Add the following section: 701.4.1: Private Sewage Disposal System shall be as currently required by the State of Missouri Department of Health and Senior Services 19 CSR 20-3.060 Minimum Construction Standards for on-site sewage disposal system (RSMo 701.025 - 701.059). Tables 702.1, 702.2, 702.3, material's column, delete the following: "cellular core or composite wall". Table 702.3 Building Sewer Pipe: Delete SDR 35. Section 703: Add the following sections: 703.7: Minimum size for a building sewer or building drain is 4 inches and a minimum of schedule 40 (non-metallic). 703.8: Provide a 14 gauge tracer wire over the structure's building drain from its exterior cleanout to the public sewer connection (RSMo 319.033.1). Section 708.1.3: Replace this section with the following: 708.1.3 Building Drain and Building Sewer Junction: There shall be an exterior two-way or double clean out at the junction of the building drain and the building sewer within five (5) feet of the structure unless a different distance is approved. The two-way fitting with a single riser shall be installed up to finish grade level for installations two feet (2') or less. Two wyes and eighth bends (double clean out with wyes arranged so the entire piping can be cleaned) with risers up to finish grade level shall be used for installations over two feet (2') deep. Plugs and caps shall be of approved type to serve each location. Section 715.1: Replace this section with the following: 715.1 Sewage Backflow. Where plumbing fixtures are installed on a floor with a finished floor elevation below the elevation of the manhole cover of the next upstream manhole in the public sewer, all fixtures shall be protected by a backwater valve installed in the building drain. Section 903.1: Insert 12" for the termination extension above the roof. Section 904: Add the following section : 904.1.3 Main Vent Required: Minimum vent s ize required: Every drainage system rece 1v mg discharge of!! water closet shall have!! minimum o f one : three in c h .en ve n t or the equivalent of three : two inch a::.l vents connected to the drainage system a nd .!:.!!!!. as direct as possible through to the open air a bove th e roo f. Section 918 Air Admittance Valves: R e pl ace this entire section with the fo ll ow ing: 918 Air Admittance Va lves: 918.1 General: Air a dmittan ce valves shall not be installe d unless prio r approval~ r ece iv ed from the code official. Secti o n I 003.3.1 : Add the following section: 1003.3.1.1 Grease Interceptor Design : The inlet (effluent) shall be two inches a::.l above the o utlet (effluent). A center ba ffle s ha ll run to within s ix inc hes ~ of the bottom in s id e and be sealed to the !Q1! and both sides. The outlet s hall have!! tee baffle with !Q1! open and the bottom extended to within six inches~ of the bottom in s id e. The inle t shall h ave!!~ (90°) bend sweep in s talled with the o pen end down and extended down one foot-four inches (1'-4"). There sha ll be !! man h o le o r holes installed~ the en tire inside of the interceptor can be cl ea n ed. Sectio n I 003.9: Add the foll owing section: 1003.9.1 All outside intercepto rs whe n vented back t o building mu st terminate through roof, se p arate from the sanitary syste m . (Ord . No. 11202, § 2 , 4-1 7-89; Ord . 121 3 8, § 2, 8-15-94; Ord. 13578, § 2 , 7-21 -2 0 03; O rd . 14106, §I , 10-1 6-2006; Ord . 14484, § 2 , 3-2-2009; Ord. 14973 , § I, 5-2 1-20 12; Ord. No. 128 10, § 2, 9-8-98 ; O rd. 14484, § 2, 3 -2-2 009; Ord . No. 12810, § 2, 9-8-98 ; Ord. 14484, § 2 , 3-2-2009 ; Ord. No. 11 905 , § 8 , 5-17-93; Ord. N o. 15486, § 2 , 2 -1- 2 0 16 ; Ord . No. 15704, § 2, 8-2 1-20 17 ; Ord. No. 159 16 , § 2 , 5-20-20 19 ) Section 3. This Ordinance shall be in full force and effect f ro m 60 calendar days after the date of its passage and approval. Passed :. ___________ _ Approved: __________ _ Presiding Officer Mayor Carrie T erg in ATTEST: APPROVED AS TO FORM : - City Clerk City Attorney ( ~ Editor's note: Deleted language shown tffiffi . Added language shown thus. BILL SUMMARY BILL NO: 2022-018 ,2022-019,2022-020 ,2022-021 ,2022-022 ,2022-023 ,2022-024 SPONSOR: Councilmember Fitzwater SUBJECT: Amending Chapters 8 and 13 of City Code, Pertaining to Updating the Construction and Fire prevention codes from the 2015 Editions to the 2018 Editions from the International Code Council. DATE INTRODUCED: June 21 , 2022 ~ ~ DEPARTMENT DIRECTOR: ·= ;( _ CITY ADMINISTRATOR: .lc= -4? Staff Recommendation: Approve. Summary: These proposed bills are modifications to City Code to adopt updated versions of various construction and fire prevention codes. Overall , ten (1 0) different International Code Council (ICC) model codes and the 2017 NFPA National Electric Code are recommended to be adopted by reference . Each code addresses unique aspects of building construction , maintenance and use. Origin of Request: Building Regulations Division Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Matthew Kreyling Background Information: In general , building codes provide minimum construction standards to protect the health , safety and welfare of the users of the structures . Since new materials and techniques are being developed, building codes are constantly be ing reviewed and modified by the construction industry. Another source of code updates is caused by disasters or building failures with loss of life. To assist in this industry update , the International Code Council (ICC) is a leading building code organization . Proposed updates are reviewed and approved by its members . These updates are published every three (3) years and are then made available for adoption by communities. The City of Jefferson has adopted versions of model building codes since May of 1935 to help protect its citizens . The last building code adoption was the 2015 edition in August of 2017. Since the City Council has recognized the importance of updating building codes , it passed a resolution (RS 2019-17) in February 2019 to form an Ad Hoc Steering Committee (referred to as the "Committee") and its several sub-committees to review and make recommendations on the new code editions. Fiscal Information: No fiscal impact. The Committee members were appointed by the City Council and are comprised of seven (7) individuals. The Committee first met in February of 2020 and formed three (3) technical subcommittees to review the various codes. The committee appointed members from itself to chairs and vice chairs of the subcommittees for coordination. In all, sixteen (16) volunteers from the community reviewed the codes and included: • Eight (8) design professionals (architects and engineers) • Five (5) contractors • Two (2) members related to construction (material suppliers, fire inspector) • One (1) owner/developers The Committee members are: Chris Yarnell – Chair Nick Borgmeyer Bruce Dawson Jim Dove Wes Doerhoff – Vice-Chair Nick Peckham Holly Stitt The technical sub-committee members are: Building, Existing Building, Property Maintenance, and Fire Codes: Wes Doerhoff – Chair Nick Borgmeyer Holly Stitt Brian Connell Emad Faddoul Fuel Gas, Energy Conservation, and Mechanical Codes : Nick Peckham – Chair Jim Dove Holly Stitt Fred Malicoat Bret Stieferman Jeremy Wilhelm Residential, Swimming Pool & Spa, and Wildland Urban Interface Codes: Chris Yarnell – Chair Bruce Dawson Holly Stitt Mike Crocker Emad Faddoul Dean Holtmeyer Bob Scruggs Charles Skornia Primary City Staff that attended meetings: Jason Turner, Division Chief – JCFD Matthew Kreyling, Building Official – PPS Brian Allen, Building Inspector - PPS Besides committee members listed above, technical experts in various areas were invited to meetings to share their professional opinions on topics. In addition, a web page was created on the City of Jefferson’s web site for communicating progress on the building code review. The page is located at: https://www.jeffersoncitymo.gov/government/building_regulations/2018_building_code_review.php The final building code recommendation from the Committee was made on March 24, 2022. This was after more than 33 public meetings to review the codes in detail. The final recommendation was to adopt the following codes with amendments: 1. NFPA 70 National Electric Code, 2017 Edition* 2. 2018 International Plumbing Code* 3. 2018 International Mechanical Code* 4. 2018 International Fuel Gas Code* 5. 2018 International Energy Conservation Code 6. 2018 International Building Code* 7. 2018 International Residential Code* 8. 2018 International Existing Building Code* 9. 2018 International Swimming Pool and Spa Code* 10. 2018 International Property Maintenance Code* 11. 2018 International Fire Code* * Previous versions of this model code have been adopted. Please note that items number 1 & 2 on this list were recommended by the City’s Electrical and Plumbing licensing boards. By City Ordinance, these codes are reviewed annually by the standing board for any revision or updating to newer editions. The code review recommendation to the City Council includes adoption of an additional model code, specifically the Energy Conservation Code. While the Residential Code contains insulation requirements for the construction of single-family and two-family (duplex) buildings, the Building Code relies on the requirements of the Energy Conservation Code for minimum standards in building equipment energy usage and exterior envelope insulation standards. Adopting this code directly into City Code defines enforcement of the entire specialized code. Otherwise, this code would be limited to a small portion of its reference in other codes. The adoption of this code will fill in a technical gap within the City’s adoption of construction codes. During review of the 2018 code editions, the main concern was regarding a retroactive requirement to install automatic sprinkler systems in banquet halls, nightclubs, restaurants, cafeterias, taverns and bars that met specific criteria. Ultimately, the committee has recommended an amendment to delete this new requirement. The increase in safety brought about by such a broad application of a requirement that would be triggered by the continuation of an otherwise legal use was seen as onerous for building owners and tenants. The codes have and continue to allow for and require upgrades to safety systems when a building owner or tenant initiates a construction project of their own accord. Minutes of the public meetings conducted are online under “Ad Hoc Steering Committee on Building Construction Codes - 2018” meeting at: https://portal.laserfiche.com/Portal/Browse.aspx?id=600573&repo=r -49e9e584 Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-020 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, ARTICLE I, SECTION 8-6, SECTION 8-7, SECTION 8-8, AND SECTION 8-9 BY REPLACING THE ADOPTION OF THE 2015 INTERNATIONAL MECHANICAL CODE AND 2015 INTERNATIONAL FUEL GAS CODE BY ADOPTION OF THE 2018 INTERNATIONAL MECHANICAL CODE AND 2018 INTERNATIONAL FUEL GAS CODE. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -6 (Adoption of the 2015 International Mechanical Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-6 Adoption of the 2018 International Mechanical Code The 2018 International Mechanical Code, published by the International Code Council, Inc., is hereby adopted and incorporated herein by reference as the Mechanical Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. (Ord. No. 15705, § 1, 8-21-2017) Section 2. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -7 (Amendments), is hereby deleted and the following is added in lieu thereof: Sec. 8-7 Amendments to the 2018 International Mechanical Code. The following additions, insertions, deletions and changes are made to the 2018 International Mechanical Code, otherwise referred to herein as the Mechanical Code of the City of Jefferson: Section 101.1 Title.: Insert the words "City of Jefferson" as the name of jurisdiction. Section 103 DEPARTMENT OF MECHANICAL INSPECTION: Delete Sections 103.1, 103.2 & 103.3 in their entirety and replace with the following: Section 103.1 General. The department of mechanical inspection known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words Code Official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section 103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section 103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors in sufficient numbers to assure Editor’s note: Deleted language shown thus. Added language shown thus. enforcement of the Mechanical Code. Section 106 PERMITS: Section 106.2 Permits not required.: Add the following item: 9. Boilers that are inspected by a state or federal agency. The contractor shall provide inspection reports to the code official to be qualified for the permit exemption. Piping and other utility connections to and from the boiler are not exempt from permit. Section 106.5.2 Fee schedule.: Delete in its entirety and replace with: The fees for work shall be as indicated in Appendix Y of the City Code of the City of Jefferson. Section 106.5.3 Fee refunds.: Delete in its entirety. Section 108 VIOLATIONS: Section 108.4 Violation penalties.: Delete in its entirety and replace with: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair mechanical work in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section 108.5 Stop work orders.: In the last sentence, replace “shall be liable for a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars.” with “shall be subject to the penalties specified in Section 108.4.” Section 109 MEANS OF APPEAL. Delete this section in its entirety and replace with: Section 109.1 General. Any owner, agent or other person shall have the right to seek judicial review of a decision of the code official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of work covered by this code. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section 304.11 Guards. Delete the exception in its entirety. Section 504.8.2 Duct installation. Delete the last sentence of the first paragraph. Section 1101.10 Locking access port caps. Delete this section in its entirety. (Ord. No. 15705, § 2, 8-21-2017) Section 3. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -8 (Adoption of the 2015 International Fuel Gas Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-8. - Adoption of the 2018 International Fuel Gas Code. The 2018 International Fuel Gas Code, published by the International Code Council, Inc., is hereby adopted and incorporated herein by reference as the Fuel Gas Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. (Ord. No. 15705, § 1, 8-21-2017) Section 4. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8-9 (Amendments), is hereby deleted and the following is added in lieu thereof: Editor’s note: Deleted language shown thus. Added language shown thus. Sec. 8-9 Amendments to the 2018 International Fuel Gas Code. The following additions, insertions, deletions and changes are made to the 2018 International Fuel Gas Code, otherwise referred to herein as the Fuel Gas Code of the City of Jefferson: Section 101.1 Title. Insert the words "City of Jefferson" as name of jurisdiction. Section 103 DEPARTMENT OF INSPECTION: Delete Sections 103.1, 103.2 & 103.3 in their entirety and replace with the following: Section 103.1 General. The department of inspection known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words Code Official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section 103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section 103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors in sufficient numbers to assure enforcement of the Fuel Gas Code. Section 106 PERMITS: Section 106.6.2 Fee schedule.: Delete in its entirety and replace with: The fees for work shall be as indicated in Appendix Y of the City Code of the City of Jefferson. Section 106.6.3 Fee refunds.: Delete in its entirety. Section 108 VIOLATIONS: Section 108.4 Violation penalties.: Delete in its entirety and replace with: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair fuel gas work in violation of an approved plan or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section 108.5 Stop work orders.: In the last sentence, replace “shall be liable for a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars.” with “shall be subject to the penalties specified in Section 108.4.” Section 109 MEANS OF APPEAL: Delete this section in its entirety and replace with: Section 109.1 General. Any owner, agent or other person shall have the right to seek judicial review of a decision of the code official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of work covered by this code. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section 406.4 Test pressure measurement. In the last sentence, delete “five” and replace with “two”. Section 406.4.1 Test pressure. Delete “3 psig (20 kPa gauge)” and replace with “20 psig (140 kPa gauge)”. Section 505.1.1 Commercial cooking appliances vented by exhaust hoods. Delete t he exception and r e place with: "Exc e ptio n : An interloc k svstem b e twee n the cooking a pplia nce(s) and the exh a us t hood syste m s ha ll not be required whe re the fo ll o wi ng a r e provid e d: !:. H eat sens ors or o the r a pprove d me thods a uto m a tica ll v activa te t he e xh a u st hood svste m whe n c ooking o pe r a ti o ns occ ur. b A liste d ca rbon mo noxide d e tecti o n sys te m~ in stall ed so as to p reven t a ppl ian ce o p e r atio n upon signa l initia tion. (Ord. No. 15705, § 2, 8-2 1-20 17) Section 5. This Ordinance shall be in full force and effect from 60 calendar days after the date of its passage and approval. Passed : ____________ _ Approved: __________ _ Pres iding Officer Mayor Carrie Terg in ATTEST: APPROVED A S TO FORM : C ity Clerk City f tt'orney Ed ito r's note : Deleted language s hown tAtJ.s. Added lang ua ge s how n thus . BILL SUMMARY BILL NO: 2022-018 ,2022-019,2022-020 ,2022-021 ,2022-022 ,2022-023 ,2022-024 SPONSOR: Councilmember Fitzwater SUBJECT: Amending Chapters 8 and 13 of City Code, Pertaining to Updating the Construction and Fire prevention codes from the 2015 Editions to the 2018 Editions from the International Code Council. DATE INTRODUCED: June 21 , 2022 ~ ~ DEPARTMENT DIRECTOR: ·= ;( _ CITY ADMINISTRATOR: .lc= -4? Staff Recommendation: Approve. Summary: These proposed bills are modifications to City Code to adopt updated versions of various construction and fire prevention codes. Overall , ten (1 0) different International Code Council (ICC) model codes and the 2017 NFPA National Electric Code are recommended to be adopted by reference . Each code addresses unique aspects of building construction , maintenance and use. Origin of Request: Building Regulations Division Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Matthew Kreyling Background Information: In general , building codes provide minimum construction standards to protect the health , safety and welfare of the users of the structures . Since new materials and techniques are being developed, building codes are constantly be ing reviewed and modified by the construction industry. Another source of code updates is caused by disasters or building failures with loss of life. To assist in this industry update , the International Code Council (ICC) is a leading building code organization . Proposed updates are reviewed and approved by its members . These updates are published every three (3) years and are then made available for adoption by communities. The City of Jefferson has adopted versions of model building codes since May of 1935 to help protect its citizens . The last building code adoption was the 2015 edition in August of 2017. Since the City Council has recognized the importance of updating building codes , it passed a resolution (RS 2019-17) in February 2019 to form an Ad Hoc Steering Committee (referred to as the "Committee") and its several sub-committees to review and make recommendations on the new code editions. Fiscal Information: No fiscal impact. The Committee members were appointed by the City Council and are comprised of seven (7) individuals. The Committee first met in February of 2020 and formed three (3) technical subcommittees to review the various codes. The committee appointed members from itself to chairs and vice chairs of the subcommittees for coordination. In all, sixteen (16) volunteers from the community reviewed the codes and included: • Eight (8) design professionals (architects and engineers) • Five (5) contractors • Two (2) members related to construction (material suppliers, fire inspector) • One (1) owner/developers The Committee members are: Chris Yarnell – Chair Nick Borgmeyer Bruce Dawson Jim Dove Wes Doerhoff – Vice-Chair Nick Peckham Holly Stitt The technical sub-committee members are: Building, Existing Building, Property Maintenance, and Fire Codes: Wes Doerhoff – Chair Nick Borgmeyer Holly Stitt Brian Connell Emad Faddoul Fuel Gas, Energy Conservation, and Mechanical Codes : Nick Peckham – Chair Jim Dove Holly Stitt Fred Malicoat Bret Stieferman Jeremy Wilhelm Residential, Swimming Pool & Spa, and Wildland Urban Interface Codes: Chris Yarnell – Chair Bruce Dawson Holly Stitt Mike Crocker Emad Faddoul Dean Holtmeyer Bob Scruggs Charles Skornia Primary City Staff that attended meetings: Jason Turner, Division Chief – JCFD Matthew Kreyling, Building Official – PPS Brian Allen, Building Inspector - PPS Besides committee members listed above, technical experts in various areas were invited to meetings to share their professional opinions on topics. In addition, a web page was created on the City of Jefferson’s web site for communicating progress on the building code review. The page is located at: https://www.jeffersoncitymo.gov/government/building_regulations/2018_building_code_review.php The final building code recommendation from the Committee was made on March 24, 2022. This was after more than 33 public meetings to review the codes in detail. The final recommendation was to adopt the following codes with amendments: 1. NFPA 70 National Electric Code, 2017 Edition* 2. 2018 International Plumbing Code* 3. 2018 International Mechanical Code* 4. 2018 International Fuel Gas Code* 5. 2018 International Energy Conservation Code 6. 2018 International Building Code* 7. 2018 International Residential Code* 8. 2018 International Existing Building Code* 9. 2018 International Swimming Pool and Spa Code* 10. 2018 International Property Maintenance Code* 11. 2018 International Fire Code* * Previous versions of this model code have been adopted. Please note that items number 1 & 2 on this list were recommended by the City’s Electrical and Plumbing licensing boards. By City Ordinance, these codes are reviewed annually by the standing board for any revision or updating to newer editions. The code review recommendation to the City Council includes adoption of an additional model code, specifically the Energy Conservation Code. While the Residential Code contains insulation requirements for the construction of single-family and two-family (duplex) buildings, the Building Code relies on the requirements of the Energy Conservation Code for minimum standards in building equipment energy usage and exterior envelope insulation standards. Adopting this code directly into City Code defines enforcement of the entire specialized code. Otherwise, this code would be limited to a small portion of its reference in other codes. The adoption of this code will fill in a technical gap within the City’s adoption of construction codes. During review of the 2018 code editions, the main concern was regarding a retroactive requirement to install automatic sprinkler systems in banquet halls, nightclubs, restaurants, cafeterias, taverns and bars that met specific criteria. Ultimately, the committee has recommended an amendment to delete this new requirement. The increase in safety brought about by such a broad application of a requirement that would be triggered by the continuation of an otherwise legal use was seen as onerous for building owners and tenants. The codes have and continue to allow for and require upgrades to safety systems when a building owner or tenant initiates a construction project of their own accord. Minutes of the public meetings conducted are online under “Ad Hoc Steering Committee on Building Construction Codes - 2018” meeting at: https://portal.laserfiche.com/Portal/Browse.aspx?id=600573&repo=r -49e9e584 Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-021 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, ARTICLE I, SECTION 8-10, AND SECTION 8-11 BY INSERTING THE ADOPTION OF THE 2018 INTERNATIONAL ENERGY CONSERVATION CODE AND AMENDMENTS TO THE 2018 INTERNATIONAL ENERGY CONSERVATION CODE. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8-10 is hereby modified by inserting the adoption of the 2018 International Energy Conservation Code: Sec. 8-10 Adoption of the 2018 International Energy Conservation Code The 2018 International Energy Conservation Code, published by the International Code Council, Inc., is hereby adopted and incorporated herein by reference as the Energy Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. Section 2. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -11 is hereby modified by inserting the adoption of amendments to the 2018 International Energy Conservation Code: Sec. 8-11 Amendments to the 2018 International Energy Conservation Code. The following additions, insertions, deletions and changes are made to the 2018 International Energy Conservation Code, otherwise referred to herein as the Energy Code of the City of Jefferson: Section C101.1 Title.: Insert the words "City of Jefferson" as the name of jurisdiction. Section C101.5 Compliance. Insert the following exception: Exception: One- and two-family dwellings and multiple single-family dwellings (townhouses) shall meet the provisions of the International Residential Code as adopted by the City of Jefferson. Section C104 Fees. Section C104.2 Schedule of permit fees. Delete this section in its entirety and replace with the following: The fees for work shall be as indicated in Appendix Y of the City Code of the City of Jefferson. Section C104.5 Refunds. Delete this section in its entirety. Section C108.4 Failure to comply. Delete this section in its entirety and replace with the following: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be punished by a Editor’s note: Deleted language shown thus. Added language shown thus. fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section C109 Board of Appeals. Delete this section in its entirety and replace with: Section 109.1 General. Any owner, agent or other person shall have the right to seek judicial review of a decision of the code official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of work covered by this code. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section R101.1 Title.: Insert the words "City of Jefferson" as the name of jurisdiction. Section R101.5 Compliance. Insert the following exception: Exception: One- and two-family dwellings and multiple single-family dwellings (townhouses) shall meet the provisions of the International Residential Code as adopted by the City of Jefferson. Section R104 Fees. Section R104.2 Schedule of permit fees. Delete this section in its entirety and replace with the following: The fees for work shall be as indicated in Appendix Y of the City Code of the City of Jefferson. Section R104.5 Refunds. Delete this section in its entirety. Section R108.4 Failure to comply. Delete this section in its entirety and replace with the following: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section R109 Board of Appeals. Delete this section in its entirety and replace with: Section 109.1 General. Any owner, agent or other person shall have the right to seek judicial review of a decision of the code official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of work covered by this code. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section 3. The City Code, Chapter 8 (Buildings and Building Regulations), “Sections 8- 10 - 8-17. Reserved”, is hereby modified by deleting and inserting “Sections 8 -12 – 8-17. Reserved” Section 4. This Ordinance shall be in full force and effect from 60 calendar days after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: City Clerk APPROVED AS TO FORM : City Atl6rney I Editor's note : Deleted language shown tA1:10 . Added language shown thus . BILL SUMMARY BILL NO: 2022-018 ,2022-019,2022-020 ,2022-021 ,2022-022 ,2022-023 ,2022-024 SPONSOR: Councilmember Fitzwater SUBJECT: Amending Chapters 8 and 13 of City Code, Pertaining to Updating the Construction and Fire prevention codes from the 2015 Editions to the 2018 Editions from the International Code Council. DATE INTRODUCED: June 21 , 2022 ~ ~ DEPARTMENT DIRECTOR: ·= ;( _ CITY ADMINISTRATOR: .lc= -4? Staff Recommendation: Approve. Summary: These proposed bills are modifications to City Code to adopt updated versions of various construction and fire prevention codes. Overall , ten (1 0) different International Code Council (ICC) model codes and the 2017 NFPA National Electric Code are recommended to be adopted by reference . Each code addresses unique aspects of building construction , maintenance and use. Origin of Request: Building Regulations Division Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Matthew Kreyling Background Information: In general , building codes provide minimum construction standards to protect the health , safety and welfare of the users of the structures . Since new materials and techniques are being developed, building codes are constantly be ing reviewed and modified by the construction industry. Another source of code updates is caused by disasters or building failures with loss of life. To assist in this industry update , the International Code Council (ICC) is a leading building code organization . Proposed updates are reviewed and approved by its members . These updates are published every three (3) years and are then made available for adoption by communities. The City of Jefferson has adopted versions of model building codes since May of 1935 to help protect its citizens . The last building code adoption was the 2015 edition in August of 2017. Since the City Council has recognized the importance of updating building codes , it passed a resolution (RS 2019-17) in February 2019 to form an Ad Hoc Steering Committee (referred to as the "Committee") and its several sub-committees to review and make recommendations on the new code editions. Fiscal Information: No fiscal impact. The Committee members were appointed by the City Council and are comprised of seven (7) individuals. The Committee first met in February of 2020 and formed three (3) technical subcommittees to review the various codes. The committee appointed members from itself to chairs and vice chairs of the subcommittees for coordination. In all, sixteen (16) volunteers from the community reviewed the codes and included: • Eight (8) design professionals (architects and engineers) • Five (5) contractors • Two (2) members related to construction (material suppliers, fire inspector) • One (1) owner/developers The Committee members are: Chris Yarnell – Chair Nick Borgmeyer Bruce Dawson Jim Dove Wes Doerhoff – Vice-Chair Nick Peckham Holly Stitt The technical sub-committee members are: Building, Existing Building, Property Maintenance, and Fire Codes: Wes Doerhoff – Chair Nick Borgmeyer Holly Stitt Brian Connell Emad Faddoul Fuel Gas, Energy Conservation, and Mechanical Codes : Nick Peckham – Chair Jim Dove Holly Stitt Fred Malicoat Bret Stieferman Jeremy Wilhelm Residential, Swimming Pool & Spa, and Wildland Urban Interface Codes: Chris Yarnell – Chair Bruce Dawson Holly Stitt Mike Crocker Emad Faddoul Dean Holtmeyer Bob Scruggs Charles Skornia Primary City Staff that attended meetings: Jason Turner, Division Chief – JCFD Matthew Kreyling, Building Official – PPS Brian Allen, Building Inspector - PPS Besides committee members listed above, technical experts in various areas were invited to meetings to share their professional opinions on topics. In addition, a web page was created on the City of Jefferson’s web site for communicating progress on the building code review. The page is located at: https://www.jeffersoncitymo.gov/government/building_regulations/2018_building_code_review.php The final building code recommendation from the Committee was made on March 24, 2022. This was after more than 33 public meetings to review the codes in detail. The final recommendation was to adopt the following codes with amendments: 1. NFPA 70 National Electric Code, 2017 Edition* 2. 2018 International Plumbing Code* 3. 2018 International Mechanical Code* 4. 2018 International Fuel Gas Code* 5. 2018 International Energy Conservation Code 6. 2018 International Building Code* 7. 2018 International Residential Code* 8. 2018 International Existing Building Code* 9. 2018 International Swimming Pool and Spa Code* 10. 2018 International Property Maintenance Code* 11. 2018 International Fire Code* * Previous versions of this model code have been adopted. Please note that items number 1 & 2 on this list were recommended by the City’s Electrical and Plumbing licensing boards. By City Ordinance, these codes are reviewed annually by the standing board for any revision or updating to newer editions. The code review recommendation to the City Council includes adoption of an additional model code, specifically the Energy Conservation Code. While the Residential Code contains insulation requirements for the construction of single-family and two-family (duplex) buildings, the Building Code relies on the requirements of the Energy Conservation Code for minimum standards in building equipment energy usage and exterior envelope insulation standards. Adopting this code directly into City Code defines enforcement of the entire specialized code. Otherwise, this code would be limited to a small portion of its reference in other codes. The adoption of this code will fill in a technical gap within the City’s adoption of construction codes. During review of the 2018 code editions, the main concern was regarding a retroactive requirement to install automatic sprinkler systems in banquet halls, nightclubs, restaurants, cafeterias, taverns and bars that met specific criteria. Ultimately, the committee has recommended an amendment to delete this new requirement. The increase in safety brought about by such a broad application of a requirement that would be triggered by the continuation of an otherwise legal use was seen as onerous for building owners and tenants. The codes have and continue to allow for and require upgrades to safety systems when a building owner or tenant initiates a construction project of their own accord. Minutes of the public meetings conducted are online under “Ad Hoc Steering Committee on Building Construction Codes - 2018” meeting at: https://portal.laserfiche.com/Portal/Browse.aspx?id=600573&repo=r -49e9e584 Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-022 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, ARTICLE II, SECTION 8-18, SECTION 8-19, SECTION 8-21, SECTION 8-22, SECTION 8-23, SECTION 8-24, SECTION 8-25, AND SECTION 8-26 BY REPLACING THE ADOPTION OF THE 2015 INTERNATIONAL BUILDING CODE, 2015 INTERNATIONAL RESIDENTIAL CODE, 2015 INTERNATIONAL EXISTING BUILDING CODE, AND 2015 INTERNATIONAL SWIMMING POOL AND SPA CODE AND THEIR AMENDMENTS BY ADOPTION OF THE 2018 INTERNATIONAL BUILDING CODE, 2018 INTERNATIONAL RESIDENTIAL CODE, 2018 EXISTING BUILDING CODE, AND 2018 INTERNATIONAL SWIMMING POOL AND SPA CODE AND AMENDMENTS. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -18 (Adoption of the 2015 International Building Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-18. Adoption of the 2018 International Building Code. The 2018 International Building Code, published by the International Code Council, Inc., is hereby adopted and incorporated herein by reference as the Building Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. (Code 1977, § 8-1; Ord. No. 10397, § 6, 4 -1-85; Code 1983, § 7-18; Ord. No. 11201, § 4-17-89; Ord. No. 11578, § 4, 5-20-91; Ord. No. 12757, § 4, 6-1-98; Ord. 13577, 1, 7-21-2003; Ord. 14105, § 1, 10-16-2006; Ord. 14483, § 1, 3-2-2009; Ord. No. 14973, § 1, 5-21-2012; Ord. No. 15706, § 1, 8-21-2017) Section 2. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -19 (Amendments to the 2015 International Building Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-19. Amendments to the 2018 International Building Code. The following additions, insertions, deletions and changes are made to the 2018 International Building Code, otherwise referred to herein as the Building Code of the City of Jefferson: Section 101.1 Title. Insert the words "City of Jefferson" as name of jurisdiction. Section 103 Department of Building Safety. Delete Section in its entirety and replace with the following: Section 103.1 Creation of enforcement agency. The department of building safety known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the Editor’s note: Deleted language shown thus. Added language shown thus. words Building Official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section 103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section 103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors, plan examiners and other employees in sufficient numbers to assure enforcement of the Building Code. Section 105.2 Work exempt from permit. Delete Building item 2. Fences not over 7 feet (2134 mm) high. Section 106 Floor and roof design loads. Delete this section in its entirety. Section 107 Submittal documents. Insert the following at the end of the section: As a normal practice, the Building Official has waived the detailed administrative reporting requirements of Section 1704. The designer of record shall submit the following as part of the submittal documents (Section 107): 1. Summary of contracted construction administration services for the designer and sub-consultants of record 2. A summary description of Special Inspections ordered 3. Name of all testing agencies The testing agency(s) shall submit a summary report to the Building Official at the end of the project listing all special inspections performed with a list of all failed tests and their respective corrective action(s) for the permit file. Section 109 Fees: Add the following to this section: Section 109.7 Fee Schedule. The fees for building construction permits shall be set in Appendix Y of the Code of the City of Jefferson. Section 109.8 Fee for penalty for failure to obtain a building permit. Where work for which a permit is required by this Code is started prior to obtaining said permit, the fees specified in Appendix Y of the Code of the City of Jefferson shall be doubled. Should any person, firm or corporation commit a second offense by starting work without permit after so doing on a previous occasion, he shall pay three times the customary fee in order to obtain the necessary permit. Any offense shall subject the offender to prosecution under section 114.4. In the event any person firm or corporation fails to obtain the necessary permit(s) within 5 days after being notified in writing to do so by the Code official, he shall pay in addition to the usual fee or increased penalty as provided above the sum of $25.00 for each day in excess of the aforesaid 5 days that transpire prior to his or her obtaining the necessary permit. The payment of any or several of the above stated penalty fees shall not relieve any person, firm or corporation from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein, or in the City Code. Section 113 Board of Appeals. Delete Section in its entirety and replace with the following: Section 113.1 Judicial review. Any owner, agent or other person shall have the right to seek judicial review of a decision of the Building Official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section 114.4 Violation Penalties: Delete Section in its entirety and replace with the following: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation Editor’s note: Deleted language shown thus. Added language shown thus. of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section 305.2.3 Five or few children in a dwelling unit. Replace "five" with "ten" in the title and text of this section. Section 308.5.4 Five or fewer persons receiving care in a dwelling unit. Replace "five" with "ten" in the title and text of this section. Section 423 Storm Shelters. Modify this section as follows: Section 423.1 General.: Modify the first sentence to read: “This section applies to the new construction of storm shelters constructed as separate detached buildings or constructed as rooms or spaces within buildings for the purpose of providing protection from storms that produce high winds, such as tornadoes and hurricanes, during the storm. Section 423.2 Construction.: Insert after the first sentence: “The City of Jefferson design wind speed under ICC 500 Section 304.2 shall be 200 miles per hour.” Section 423.4 Group E occupancies.: Replace “occupant load of 50” with “occupant load of 100”. Section 1612.3 Establishment of flood hazard areas. Replace “[INSERT NAME OF JURISDICTION]” with “City of Jefferson City” and replace “[INSERT DATE OF ISSUANCE]” with “November 2, 2012”. Section 1809.5 Frost protection. Add to item 1 the following sentence: The frost line of the City of Jefferson is twenty-four (24) inches. Section 3001.2 Emergency elevator communication systems for the deaf, hard of hearing and speech impaired. Delete this section in its entirety. Section 3113.1 General. Add the following exception: This section shall not apply to one-story detached relocatable buildings less than 400 square feet in floor area being used as offices or storage for permitted work on a permanent building or structure on the same parcel. (Ord. No. 10221, § 1, 6-4-84; Ord. No. 11201, § 3, 4-17-89; Ord. No. 11578, § 3, 5-20-91; Ord. No. 11704, § 2, 2-3- 92; Ord. No. 12757, § 3, 6-1-98; Ord. 13577, § 2, 7-21-2003; Ord. 14483, § 2, 3-2-2009; Ord. No. 15706, § 2, 8-21- 2017) Section 3. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -21 (Adoption of the 2015 International Residential Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-21 Adoption of the 2018 International Residential Code The 2018 International Residential Code, for One and Two Family Dwellings, published by the International Code Council, including Appendix J, is hereby adopted and incorporated herein by reference as the Residential Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. (Ord. No. 15706, § 3, 8-21-2017) Section 4. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -22 Editor’s note: Deleted language shown thus. Added language shown thus. (Amendments to the 2015 International Residential Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-22 Amendments to the 2018 International Residential Code. The following additions, insertions, deletions and changes are made to the 2018 International Residential Code, for One- and Two-Family Dwellings otherwise referred to herein as the Residential Code of the City of Jefferson: Section R101.1 Title. Insert the words "City of Jefferson" as name of jurisdiction. Section R101.2 Scope. Within Exception 2, remove the words “five or fewer” and replace with “four or five”. Section R103 Department of Building Safety. Delete Section in its entirety and replace with the following: Section R103.1 General. The department of building safety known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words Building Official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section R103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section R103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors, plans examiners and other employees in sufficient numbers to assure enforcement of the Residential Code. Section R105.2 Work exempt from permits. Delete Building Item 2 and replace with: 2. Non-structural building envelope repair work for existing structures. Section R108 Fees. Add the following to this section: Section R108.7 Fee Schedule. The fees for building construction permits shall be set in Appendix Y of the Code of the City of Jefferson. Section R108.8 Fee for penalty for failure to obtain a building permit. Where work for which a permit is required by this Code is started prior to obtaining said permit, the fees specified in Appendix Y of the Code of the City of Jefferson shall be doubled. Should any person, firm or corporation commit a second offense by starting work without permit after so doing on a previous occasion, he shall pay three times the customary fee in order to obtain the necessary permit. Any offense shall subject the offender to prosecution under section R113.4. In the event any person firm or corporation fails to obtain the necessary permit(s) within 5 days after being notified in writing to do so by the Code official, he shall pay in addition to the usual fee or increased penalty as provided above the sum of $25.00 for each day in excess of the aforesaid 5 days that transpire prior to his or her obtaining the necessary permit. The payment of any or several of the above stated penalty fees shall not relieve any person, firm or corporation from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein, or in the City Code. Section R112 Board of Appeals. Delete this section in its entirety and replace with: Section R112.1 General. Any owner, agent or other person shall have the right to seek judicial review of a decision of the code official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of Editor’s note: Deleted language shown thus. Added language shown thus. work covered by this code. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section R113.4 Violation Penalties. Delete Section in its entirety and replace with the following: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section R114.2 Unlawful continuance. Delete section in its entirety and replace with the following: Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe conditions, shall be liable for penalties specified in Section R113.4. Table R301.2(1) Climatic and Geographic Design Criteria. Use the following values for the table: Ground Snow Load – 20 PSF Wind Design Speed – 115 MPH Wind Design Topographic Effects – NO Wind Design Special Wind Region – NO Wind Design Windborne Debris Zone – NO Seismic Design Category – B Subject to Damage from Weathering – SEVERE Subject to Damage from Frost Line Depth – 24 INCHES Subject to Damage from Termite – MODERATE TO HEAVY Winter Design Temp - 4°F Ice Barrier Underlayment Required – YES Flood Hazards – Ordinance passed: March 19, 1980; flood maps dated November 2, 2012 Air Freezing Index – 903 Mean Annual Temp – 55°F Section R302.5.1 Opening protection. Delete “equipped with a self-closing or automatic-closing device” from the end of the section. Section R302.11 Fireblocking. Delete item 4. Section R302.13 Fire protection of floors. Add the following exceptions: 5. Open-web wood truss floor joists with draft stopping per 1,000 square feet. 6. Closed-web wood joists with one (1) hour fire treating. Section R307.1 Space required. Add the following: Water closet: All water closets shall be spaced at least fifteen (15) inches from the centerline of the fixture to any wall or plumbing fixture, except the centerline of the water closet may be spaced twelve (12) inches if located next to a bathtub/shower unit. Section R309.5 Fire sprinklers. Delete this section in its entirety. Editor’s note: Deleted language shown thus. Added language shown thus. Section R311.7.3 Vertical rise. Delete this section in its entirety. Section R311.7.5.1 Risers. Add exception: 3. Closed risers are not required on exterior stairs where the riser is less than ten (10) feet above grade. Section R312.2 Window fall protection. Delete this section in its entirety. Section R313 Automatic fire sprinkler systems. Delete this section in its entirety and insert the following: R313.1 General. A builder of a single family dwelling or residences or multi-unit dwellings of four or fewer units shall offer to any purchaser, on or before the time of entering into the purchase contract, the option at the purchaser's cost to install or equip an automatic fire sprinkler system in the dwelling, residence or unit. Notwithstanding any other provision of law to the contrary, no purchaser of such a single-family dwelling, residence, or multi-unit dwelling shall be denied the right to choose or decline to install an automatic fire sprinkler system in such dwelling or residence. Pursuant to RSMo. §67.281, the purchasers right to choose and the requirement that the builders offer to purchasers the option to purchase an automatic fire sprinkler system in connection with the purchase of any single-family dwelling, residence, or multi-unit dwelling of four or fewer units is hereby incorporated. Section R314.4 Interconnection. Replace the beginning of the Exception paragraph first sentence (Interconnection of smoke alarms in existing areas shall not be required…) with: Exception: "Interconnection of smoke alarms in existing areas may use wireless technology or shall not be required…" Section R403.1.3.3 Slabs-on-ground with turned-down footings. Delete seismic categories from the first sentence. Section R404.4 Retaining walls. Add the following to the end of the section: Exception: Cast-in-place walls retaining up to 96 inches of unbalanced fill, or up to 48 inches in height that resist lateral loads in addition to soil, shall not require engineering. Section R602.3.1 Stud size, height and spacing. Add the following sentence to the end of Exception 2: Alternatively, 2 x 6 No. 2 grade studs supporting a roof and floor load with not more than ten (10) feet of tributary length shall have a maximum stud height of fourteen (14) feet. Chapter 11 Energy Efficiency. Delete the chapter in its entirety and insert in its place Chapter 11 of the 2009 edition of the International Residential Code. Section AJ102.4.4 Window control devices. Delete the section in its entirety. (Code 1977, § 8-10; Ord. No. 9536, §§ 2, 3, 10 -20-80; Ord. 13577, § 2, 7-21-2003; Ord. 14272, § 5, 10-15-2007; Ord. 14437, § 1, 11-17-2008; Ord. 14483, § 2, 3-2-2009; Ord. No. 15706, § 4, 8-21-2017) Section 5. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -23 (Adoption of the 2015 International Existing Building Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-23. Adoption of the 2018 International Existing Building Code. The 2018 International Existing Building Code, published by the International Code Council, Inc., is hereby adopted and incorporated herein by reference as the Existing Building Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. Editor’s note: Deleted language shown thus. Added language shown thus. (Ord. No. 15707, § 1, 8-21-2017) Section 6. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -24 (Amendments), is hereby deleted and the following is added in lieu thereof: Sec. 8-24. Amendments to the 2018 International Existing Building Code. The following additions, insertions, deletions and changes are made to the 2018 International Building Code, otherwise referred to herein as the Existing Building Code of the City of Jefferson: Section 101.1 Title. Insert the words "City of Jefferson" as name of jurisdiction. Section 103 Department of Building Safety. Delete Section in its entirety and replace with the following: Section 103.1 Creation of enforcement agency. The department of building safety known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words Building Official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section 103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section 103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors, plan examiners and other employees in sufficient numbers to assure enforcement of the Building Code. Section 105.2 Work exempt from permit. Add the following under the Building portion: 7. Non-structural building envelope repair work for existing structures covered under the International Residential Code for One- and Two-family Dwellings. Section 108 Fees: Add the following to this section: Section 108.7 Fee Schedule. The fees for building construction permits shall be set in Appendix Y of the Code of the City of Jefferson. Section 112 Board of Appeals. Delete Section in its entirety and replace with the following: Section 113.1 Judicial review. Any owner, agent or other person shall have the right to seek judicial review of a decision of the Building Official refusing to grant a modification to the provisions of this Code covering the manner of construction or materials to be used in the erection, alteration or repair of a building or structure. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Section 113.4 Violation Penalties: Delete Section in its entirety and replace with the following: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the Building Official, or of a permit or certificate issued under the provisions of this Code, shall be punished by a fine as set forth in Section 1-13 of the City Code. Each day that a violation continues shall be deemed a separate offense. Section 116.6 Hearing. Delete section in its entirety. Section 702.4 Window opening control devices on replacement windows. Delete the text “and one- and two- family dwellings and townhouses regulated by the International Residential Code” from the first sentence. Section 1002.1 Compliance with the building code. Editor’s note: Deleted language shown thus. Added language shown thus. Replace “the building shall comply with all of the applicable requirements” with “the affected portion of the building shall comply with all of the applicable requirements”. Section 1301.2 Applicability. In the first sentence, replace “Structures existing prior to [DATE TO BE INSERTED BY THE JURISDICTION], in which there is work” with “Existing structures in which there is work”. (Ord. No. 15707, § 1, 8-21-2017) Section 7. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -25 (Adoption of the 2015 International Swimming Pool and Spa Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-25. Adoption of the 2018 International Swimming Pool and Spa Code. The 2018 International Swimming Pool and Spa Code, published by the International Code Council, Inc., is hereby adopted and incorporated herein by reference as the Swimming Pool and Spa Code of the City of Jefferson, Missouri with the additions, insertions, deletions and changes contained within this chapter. (Ord. No. 15708, § 1, 8-21-2017) Section 8. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -26 (Amendments), is hereby deleted and the following is added in lieu thereof: Sec. 8-26. Amendments to the 2018 International Swimming Pool and Spa Code. The following additions, insertions, deletions and changes are made to the 2018 International Swimming Pool and Spa Code, otherwise referred to herein as the Swimming Pool and Spa Code of the City of Jefferson: Section 101.1 Title. Insert the words "City of Jefferson" as the name of jurisdiction. Section 103 Department of Building Safety. Delete Section in its entirety and replace with the following: Section 103.1 General. The department of building safety known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words code official appear in this Code, it shall be held to mean the Director of Planning and Protective Services or his or her designee. Section 103.2 Appointment. The Director of Planning and Protective Services shall be appointed and removed as provided by the City Code. Section 103.3 Deputies. The Director of Planning and Protective Services shall recommend to the City Administrator the employment of building inspectors, plans examiners and other employees in sufficient numbers to assure enforcement of the Residential Code. Section 105.6.2 Fee schedule. Delete this section and replace with the following: The fees for construction permits shall be set in Appendix Y of the Code of the City of Jefferson. Section 105.6.3 Fee refunds. Delete this section in its entirety. Section 107.4 Violation penalties. Delete this section and replace with the following: Any person who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who repairs or alters or changes the occupancy of a building or structure in violation of the approved construction documents or directive of the code official or of a permit or certificate issued unde r the prov isions of this code, s hall be punished !2y ~fine as set forth in Section 1-13 of the Citv Code. Each dav that~ violation continues shall be deemed~ separate o ffen se. Section I 07.5 Stop work o rde r s. !.!! th e last sentence, replace "shall be liable t o ~ fine of not less than IAMOUNTI dollars or more than I AMOUNT! dollars." with "shall be liable for penalties as s pec ifi ed in Section 107.4." Section I 08 Means of Appeal. Delete this section a nd replace with the foll owing: Sect ion 108.1 Judicial review. Any owner, age nt or ot her p erson s h a ll have the right to seek judicial review of~ decision of the code official r efu s ing to grant~ modification t o the provisions of this code covering the manner o f construction or m a t e ria ls t o be used in th e erection, alteration or repair of work covered !2y this code. The petition for judicial review s h a ll be to the circuit court of Cole Co unty as established in Article 536 of the Rev ised S tatutes of Missouri. (Ord. No. 15708, § 2 , 8-2 1-20 17 ) Section 9. This Ordinance shall be in full force and effect from 60 calenda r days after the date of its passage and approval. Passed: ___________ _ Approved : __________ _ Presiding Officer Mayor Carrie T erg in ATTEST: APPROVED AS TO FORM : City Clerk Editor's note: Deleted lang uage shown tffils. Added language shown thus. BILL SUMMARY BILL NO: 2022-018 ,2022-019,2022-020 ,2022-021 ,2022-022 ,2022-023 ,2022-024 SPONSOR: Councilmember Fitzwater SUBJECT: Amending Chapters 8 and 13 of City Code, Pertaining to Updating the Construction and Fire prevention codes from the 2015 Editions to the 2018 Editions from the International Code Council. DATE INTRODUCED: June 21 , 2022 ~ ~ DEPARTMENT DIRECTOR: ·= ;( _ CITY ADMINISTRATOR: .lc= -4? Staff Recommendation: Approve. Summary: These proposed bills are modifications to City Code to adopt updated versions of various construction and fire prevention codes. Overall , ten (1 0) different International Code Council (ICC) model codes and the 2017 NFPA National Electric Code are recommended to be adopted by reference . Each code addresses unique aspects of building construction , maintenance and use. Origin of Request: Building Regulations Division Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Matthew Kreyling Background Information: In general , building codes provide minimum construction standards to protect the health , safety and welfare of the users of the structures . Since new materials and techniques are being developed, building codes are constantly be ing reviewed and modified by the construction industry. Another source of code updates is caused by disasters or building failures with loss of life. To assist in this industry update , the International Code Council (ICC) is a leading building code organization . Proposed updates are reviewed and approved by its members . These updates are published every three (3) years and are then made available for adoption by communities. The City of Jefferson has adopted versions of model building codes since May of 1935 to help protect its citizens . The last building code adoption was the 2015 edition in August of 2017. Since the City Council has recognized the importance of updating building codes , it passed a resolution (RS 2019-17) in February 2019 to form an Ad Hoc Steering Committee (referred to as the "Committee") and its several sub-committees to review and make recommendations on the new code editions. Fiscal Information: No fiscal impact. The Committee members were appointed by the City Council and are comprised of seven (7) individuals. The Committee first met in February of 2020 and formed three (3) technical subcommittees to review the various codes. The committee appointed members from itself to chairs and vice chairs of the subcommittees for coordination. In all, sixteen (16) volunteers from the community reviewed the codes and included: • Eight (8) design professionals (architects and engineers) • Five (5) contractors • Two (2) members related to construction (material suppliers, fire inspector) • One (1) owner/developers The Committee members are: Chris Yarnell – Chair Nick Borgmeyer Bruce Dawson Jim Dove Wes Doerhoff – Vice-Chair Nick Peckham Holly Stitt The technical sub-committee members are: Building, Existing Building, Property Maintenance, and Fire Codes: Wes Doerhoff – Chair Nick Borgmeyer Holly Stitt Brian Connell Emad Faddoul Fuel Gas, Energy Conservation, and Mechanical Codes : Nick Peckham – Chair Jim Dove Holly Stitt Fred Malicoat Bret Stieferman Jeremy Wilhelm Residential, Swimming Pool & Spa, and Wildland Urban Interface Codes: Chris Yarnell – Chair Bruce Dawson Holly Stitt Mike Crocker Emad Faddoul Dean Holtmeyer Bob Scruggs Charles Skornia Primary City Staff that attended meetings: Jason Turner, Division Chief – JCFD Matthew Kreyling, Building Official – PPS Brian Allen, Building Inspector - PPS Besides committee members listed above, technical experts in various areas were invited to meetings to share their professional opinions on topics. In addition, a web page was created on the City of Jefferson’s web site for communicating progress on the building code review. The page is located at: https://www.jeffersoncitymo.gov/government/building_regulations/2018_building_code_review.php The final building code recommendation from the Committee was made on March 24, 2022. This was after more than 33 public meetings to review the codes in detail. The final recommendation was to adopt the following codes with amendments: 1. NFPA 70 National Electric Code, 2017 Edition* 2. 2018 International Plumbing Code* 3. 2018 International Mechanical Code* 4. 2018 International Fuel Gas Code* 5. 2018 International Energy Conservation Code 6. 2018 International Building Code* 7. 2018 International Residential Code* 8. 2018 International Existing Building Code* 9. 2018 International Swimming Pool and Spa Code* 10. 2018 International Property Maintenance Code* 11. 2018 International Fire Code* * Previous versions of this model code have been adopted. Please note that items number 1 & 2 on this list were recommended by the City’s Electrical and Plumbing licensing boards. By City Ordinance, these codes are reviewed annually by the standing board for any revision or updating to newer editions. The code review recommendation to the City Council includes adoption of an additional model code, specifically the Energy Conservation Code. While the Residential Code contains insulation requirements for the construction of single-family and two-family (duplex) buildings, the Building Code relies on the requirements of the Energy Conservation Code for minimum standards in building equipment energy usage and exterior envelope insulation standards. Adopting this code directly into City Code defines enforcement of the entire specialized code. Otherwise, this code would be limited to a small portion of its reference in other codes. The adoption of this code will fill in a technical gap within the City’s adoption of construction codes. During review of the 2018 code editions, the main concern was regarding a retroactive requirement to install automatic sprinkler systems in banquet halls, nightclubs, restaurants, cafeterias, taverns and bars that met specific criteria. Ultimately, the committee has recommended an amendment to delete this new requirement. The increase in safety brought about by such a broad application of a requirement that would be triggered by the continuation of an otherwise legal use was seen as onerous for building owners and tenants. The codes have and continue to allow for and require upgrades to safety systems when a building owner or tenant initiates a construction project of their own accord. Minutes of the public meetings conducted are online under “Ad Hoc Steering Committee on Building Construction Codes - 2018” meeting at: https://portal.laserfiche.com/Portal/Browse.aspx?id=600573&repo=r -49e9e584 Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-023 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 8, SECTION 8-49 AND SECTION 8-50 BY REPLACING THE ADOPTION OF THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE AND AMENDMENTS TO THE 2015 INTERNATIONAL PROPERTY MAINTENANCE CODE BY ADOPTION OF THE 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section1. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -49 (Adoption of 2015 International Property Maintenance Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-49. Adoption of the 2018 International Property Maintenance Code. The 2018 International Property Maintenance Code as published by the International Code Council Inc. is hereby adopted and incorporated herein by reference as the Property Maintenance Code of the City of Jefferson, with the additions, insertions, deletions and changes contained herein. Section 2. The City Code, Chapter 8 (Buildings and Building Regulations), Section 8 -50 (Amendments to the 2015International Property Maintenance Code), is hereby deleted and the following is added in lieu thereof: Sec. 8-50. Amendments, insertions and deletions to the 2018 International Property Maintenance Code. The following additions, insertions, deletions and changes are made to the 2018 International Property Maintenance Code otherwise referred to herein as the Property Maintenance Code of the City of Jefferson: Section 101.1: Insert the words “City of Jefferson” as the name of jurisdiction. Section 101.5: Add the following section: Section 101.5 City Code. When sections of the Property Maintenance Code differ from the City Code of Jefferson, the provisions of the City Code of Jefferson shall govern. Section 103: Department of Property Maintenance Inspection - Delete Sections 103.1 through 103.3, and insert the following in its place: Section 103.1: General The department of property maintenance known as the Department of Planning and Protective Services is hereby continued and the executive official in charge thereof shall be known as the Director of Planning and Protective Services. Wherever the words code official appears in this code, it shall mean the Director of Planning and Protective Services or his or her designee. Editor’s note: Deleted language shown thus. Added language shown thus. Section 103.2: APPOINTMENT The Director of Planning and Protective Services shall be appointed and removed as provided by City Code. Section 103.3: DEPUTIES The Director of Planning and Protective Services shall recommend to the City Administrator the employment of inspectors and other employees in sufficient numbers to assure enforcement of the Property Maintenance Code. Section 106.4: Delete this section and replace it with the following: Section 106.4 Violation Penalties: Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein, shall severally for each and every such violation and noncompliance respectively, be guilty of an ordinance violation, punishable by a fine as set forth in Section 1-13 of City Code. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue: and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 111: Delete this section and replace it with the following: Section 111.1 Means of Appeal Any owner, occupant, lessee, mortgagee, agent or other person having an interest in the building or structure may seek review of the order and determination of the code official by requesting a hearing in accordance with the procedures set forth in Sections 21-8 and 21-9 of the City Code. Section 302.4: Insert “twelve (12) inches in height per City Code Chapter 21” for the jurisdiction requirement. Section 602.3: This section shall read as follows: Section 602.3 Heat Supply Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from September 1 to June 1 to maintain a minimum temperature of 68°F (20°C) in all habitable rooms, bathrooms and toilet rooms. Section 602.4: This section shall read as follows: 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied w ith heat during the period from September 1 to June 1 to maintain a minimum temperature of 65°F (18°C) during the period the spaces are occupied. (Ord. No . 11203 § 6, 4 -17-89; Ord. No. 12758, § 2, 6-1 -98; Ord. 13580, § 1, 7-2 1-2003; Ord. 14104, § 1, 10-16-2006; Ord 14482, § 1, 3-2-2009; Ord . No. 14973, § 1, 5-21-20 12; Or d . No. 11203 § 6, 4-1 7 -89; Ord. No. 12758, § 2, 6-1-98; Ord. No. 11203 § 6, 4-17-89; Ord. No. 12758, § 2, 6-1-98; Ord . 13 580, § 1, 7-21-2003; Or d . 14104, § 1, 10-16-2006; Ord 14482, § 1, 3- 2-2009; Ord . No. 14973, § 1, 5-21 -201 2; Ord. No . 1 5709, § 2, 8-21-20 17 ; Ord . No. 15989, § 1, 1-6-20) Secti on 3. This Ordinan ce shall be in full force and effect f ro m 60 c alen da r days after the date of its passage and approval. Passed : ___________ _ Approved : __________ _ Presiding Officer May or Carrie Tergi n ATTEST: APPROVED AS TO FORM : City Clerk City Attorney I E ditor's note : Deleted lang uage shown tlws. Added lang ua g e s h own thus. BILL SUMMARY BILL NO: 2022-018, 2022-019 , 2022-020 , 2022-021 I 2022-022 , 2022-023 , 2022-024 SPONSOR: Councilmember Fitzwater SUBJECT: Amending Chapters 8 and 13 of City Code, Pertaining to Updating the Construction and Fire prevention codes from the 2015 Editions to the 2018 Editions from the International Code Council. DATEINTRODUCED: June21 ,2022 ~ b DEPARTMENT DIRECTOR: ·=-;(' _ CITY ADMINISTRATOR: .#= 4-? Staff Recommendation: Approve. Summary: These proposed bills are modifications to City Code to adopt updated versions of various construction and fire prevention codes. Overall , ten (1 0) different International Code Council (ICC) model codes and the 2017 NFPA National Electric Code are recommended to be adopted by reference . Each code addresses unique aspects of building construction , maintenance and use . Origin of Request: Building Regulations Division Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Matthew Kreyl i ng Background Information: In general , building codes provide minimum construction standards to protect the health , safety and welfare of the users of the structures. Since new materials and techniques are being developed, building codes are constantly be ing reviewed and modified by the construction industry. Another source of code updates is caused by disasters or building failures with loss of life. To assist in this industry update , the International Code Council (ICC) is a leading building code organization. Proposed updates are reviewed and approved by its members . These updates are published every three (3) years and are then made available for adoption by communities . The City of Jefferson has adopted versions of model building codes since May of 1935 to help protect its citizens . The last building code adoption was the 2015 edition in August of 2017 . Since the City Council has recognized the importance of updating build ing codes , it passed a resolution (RS 2019-17) in February 2019 to form an Ad Hoc Steering Committee (referred to as the "Committee") and its several sub-committees to review and make recommendations on the new code editions . Fiscal Information: No fiscal impact. The Committee members were appointed by the City Council and are comprised of seven (7) individuals. The Committee first met in February of 2020 and formed three (3) technical subcommittees to review the various codes. The committee appointed members from itself to chairs and vice chairs of the subcommittees for coordination. In all, sixteen (16) volunteers from the community reviewed the codes and included: • Eight (8) design professionals (architects and engineers) • Five (5) contractors • Two (2) members related to construction (material suppliers, fire inspector) • One (1) owner/developers The Committee members are: Chris Yarnell – Chair Nick Borgmeyer Bruce Dawson Jim Dove Wes Doerhoff – Vice-Chair Nick Peckham Holly Stitt The technical sub-committee members are: Building, Existing Building, Property Maintenance, and Fire Codes: Wes Doerhoff – Chair Nick Borgmeyer Holly Stitt Brian Connell Emad Faddoul Fuel Gas, Energy Conservation, and Mechanical Codes : Nick Peckham – Chair Jim Dove Holly Stitt Fred Malicoat Bret Stieferman Jeremy Wilhelm Residential, Swimming Pool & Spa, and Wildland Urban Interface Codes: Chris Yarnell – Chair Bruce Dawson Holly Stitt Mike Crocker Emad Faddoul Dean Holtmeyer Bob Scruggs Charles Skornia Primary City Staff that attended meetings: Jason Turner, Division Chief – JCFD Matthew Kreyling, Building Official – PPS Brian Allen, Building Inspector - PPS Besides committee members listed above, technical experts in various areas were invited to meetings to share their professional opinions on topics. In addition, a web page was created on the City of Jefferson’s web site for communicating progress on the building code review. The page is located at: https://www.jeffersoncitymo.gov/government/building_regulations/2018_building_code_review.php The final building code recommendation from the Committee was made on March 24, 2022. This was after more than 33 public meetings to review the codes in detail. The final recommendation was to adopt the following codes with amendments: 1. NFPA 70 National Electric Code, 2017 Edition* 2. 2018 International Plumbing Code* 3. 2018 International Mechanical Code* 4. 2018 International Fuel Gas Code* 5. 2018 International Energy Conservation Code 6. 2018 International Building Code* 7. 2018 International Residential Code* 8. 2018 International Existing Building Code* 9. 2018 International Swimming Pool and Spa Code* 10. 2018 International Property Maintenance Code* 11. 2018 International Fire Code* * Previous versions of this model code have been adopted. Please note that items number 1 & 2 on this list were recommended by the City’s Electrical and Plumbing licensing boards. By City Ordinance, these codes are reviewed annually by the standing board for any revision or updating to newer editions. The code review recommendation to the City Council includes adoption of an additional model code, specifically the Energy Conservation Code. While the Residential Code contains insulation requirements for the construction of single-family and two-family (duplex) buildings, the Building Code relies on the requirements of the Energy Conservation Code for minimum standards in building equipment energy usage and exterior envelope insulation standards. Adopting this code directly into City Code defines enforcement of the entire specialized code. Otherwise, this code would be limited to a small portion of its reference in other codes. The adoption of this code will fill in a technical gap within the City’s adoption of construction codes. During review of the 2018 code editions, the main concern was regarding a retroactive requirement to install automatic sprinkler systems in banquet halls, nightclubs, restaurants, cafeterias, taverns and bars that met specific criteria. Ultimately, the committee has recommended an amendment to delete this new requirement. The increase in safety brought about by such a broad application of a requirement that would be triggered by the continuation of an otherwise legal use was seen as onerous for building owners and tenants. The codes have and continue to allow for and require upgrades to safety systems when a building owner or tenant initiates a construction project of their own accord. Minutes of the public meetings conducted are online under “Ad Hoc Steering Committee on Building Construction Codes - 2018” meeting at: https://portal.laserfiche.com/Portal/Browse.aspx?id=600573&repo=r -49e9e584 Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-024 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CITY CODE, CHAPTER 13, ARTICLE III, SECTION 13-42 AND SECTION 13-43 BY REPLACING THE ADOPTION OF THE 2015 INTERNATIONAL FIRE CODE AND AMENDMENTS TO THE 2015 INTERNATIONAL FIRE CODE BY ADOPTION OF THE 2018 INTERNATIONAL FIRE CODE. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section1. The City Code, Chapter 13 (Fire Prevention and Protection), Section 13-42 (Adoption of the 2015 International Fire Code), is hereby deleted and the following is added in lieu thereof: Sec. 13-42. Adoption of the 2018 International Fire Code The 2018 International Fire Code published by the International Code Council, including appendices B, C, D, I and K, is hereby adopted and incorporated herein by reference as the Fire Code of the City of Jefferson, with the additions, insertions, deletions and changes contained within this ordinance. (Code 1977, § 17-11; Ord. No. 9398, § 1, 3-3-80; Ord. No. 10670, § 5, 6-16-86, Ord. No. 11158, § 1, 2-13-89; Ord. No. 11610, § 5, 8-6-91; Ord. No. 14974, § 1, 5-21-2012; Ord. No. 15702, § 1, 8-21-2017, eff. 10-21-2017) Section 2. The City Code, Chapter 13 (Fire Prevention and Protection), Section 13-43 (Amendments to the 2015 International Fire Code ), is hereby deleted and the following is added in lieu thereof: Sec. 13-43. Amendments to the 2018 International Fire Code The following additions, insertions, deletions and changes are made to the 2018 International Fire Code, otherwise referred to herein as the Fire Code of the City of Jefferson: Delete Section 101.1, and insert the following in its place: 101.1 Title. These regulations shall be known as the Fire Code of the City of Jefferson hereinafter referred to as such or as "this code." Delete section 103.2, and insert the following in its place: 103.2 Appointment. The fire code official shall be appointed by the City Administrator. Delete Section 105.1.2 and insert the following in its place: 105.1.2 Permits Required. Notwithstanding any provisions to the contrary in other sections of this Code, permits required in any section of this Code shall be procured from the chief of the fire department unless City Code Chapter 8 lists the subject matter of the permit, in which case the permit shall be procured from the Building Official or his or her designee. Permits shall at all times be kept in the premises designated therein and shall at all times be subject to inspection by the code official. Delete Sections 109.1 through 109.3 and insert the following in its place Editor’s note: Deleted language shown thus. Added language shown thus. 109.1 General. Any owner, agent or other person shall have the right to seek judicial review of a decision of the code official refusing to grant a modification to the provisions of this code. The petition for judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised Statutes of Missouri. Add the following to Section 110.4 Violation Penalties Penalty for violations shall be subject to the penalties set forth in Section 1-13 of the City Code. Add the following to Section 110.4: 110.4.2 Damage to fire department equipment: Any negligent or willful damage to fire department equipment caused by any person subject to this code shall be punishable by a fine as set forth in Section 1-13 of the City Code per occurrence of damage. This fine shall not be construed to preclude monetary recovery of damages by the City through civil proceedings. Change the last sentence in Section 112.4 to: "…fine as set forth in Section 1-13 of the City Code." Insert the following in Section 307. 307.6 Allowable burning. Open burning shall be allowed without prior notification to the code official for: recreational fires, fires used for the preparation of food, highway safety flares, smudge pots and similar occupational needs, and fires used for training fire enforcement personnel. 307.6.1 Yard Waste. Open burning of leaves, grass clippings, tree limbs, and vegetation grown on a property is permitted from November 1 of each year through March 1 of the following year, during daylight hours unless restricted or prohibited under section 307.2.1 by the Code Official. In the event of an emergency declared by the Mayor, or person acting as such, the City Administrator may authorize the open burning of yard waste, branches, trees, and other materials he deems appropriate and under such conditions as he may proscribe. 307.6.2 Responsible party. The person conducting a burn under subsection 307.6.1 shall be the owner of the property unless the owner has expressly directed some other person to conduct such burn on the property. 307.6.3 Adjustment to permissible burning. The burning period as specified in 307.6.1 and 307.6.2 above may be adjusted by the Fire Chief for safety reasons provided the total number of days of the burning periods shall not be increased. In the event that subsequent to the determination of the periods during which burning is permitted, the Fire Chief invokes a temporary ban during the period, the Fire Chief may extend the period by the number of days in which the ban is imposed. 307.6.4 Ceremonial Fires. Bonfires and other fires which do not occur within a designated device such as a barbeque grill, fireplace, outdoor stove, or outdoor heater, may be conducted only by permission of the Fire Chief, or his or her designee, and under such conditions as he may impose for the safety of persons and property. 307.6.5 Notification and permission: Open burning shall be allowed with prior notification to the Code Official and upon receipt of written permission from Missouri Department of Natural Resources (DNR), provided that any conditions specified in the permission are followed for: 1. Disposal of hazardous or toxic material where the DNR determines that there is no practical alternative method of disposal. 2. Instruction in methods of firefighting. 3. Research in control of fires. 4. Emergency or other extraordinary circumstances for any purpose determined to be necessary by the DNR. 5. Disposal of landscape waste resulting from land clearing other than residential and agricultural waste. Editor’s note: Deleted language shown thus. Added language shown thus. 6. Recognized agricultural or horticultural management purposes to maintain or increase the quantity or quality of agricultural or horticultural production. 7. When jurisdictional DNR written permission is not applicable, the Code Official shall give written permission only after it has been determined that approved fire safety requirements and emission standards are to be met. Add section 408 Smoke detectors in leased or rental residential units. 1. Applicability. The owner of each residential rental unit shall install smoke detectors and/or fire suppression systems prior to the occupancy of said dwelling unit in compliance with the building and fire codes of the City of Jefferson in effect at the date of occupancy. 2. Date of Installation. The owner of each existing dwelling unit that is not at the effective date of this subsection required to be protected by a smoke detector or fire suppression system shall install smoke detectors as required by this subsection within three months of the effective date of this subsection. 3. Location of Detectors. The owner of each existing dwelling shall install at least one smoke detector within each sleeping area. In all dwelling units, the owner shall install a smoke detector outside the bedrooms (unless an efficiency apartment), within the immediate vicinity of the sleeping area(s). An owner subject to this subsection shall install each smoke detector on the ceiling at a minimum of four inches from the side wall to the near edge of the detector or on a wall located four to twelve inches from the ceiling to the top of the detector and within fifteen feet of all rooms used for sleeping purposes, with not less than one detector per level containing a habitable room and in the basement or cellar. The smoke detector shall not be installed in dead air space, such as where the ceiling meets the wall. Where one or more sleeping areas are located on a level above the cooking and living area, the smoke detector for such sleeping areas shall be placed at the top of the stairway. An owner shall also install not less than one smoke detector on the uppermost ceiling, not less than four inches from any wall, or on a wall, located four to twelve inches from the uppermost ceiling of all interior stairwells. For good cause shown, the Fire Chief or his or her designated department representatives may modify the location requirements of this subsection. 4. Type of Detector. The owner shall install a smoke detector which is capable of sensing visible or invisible particles of combustion and emitting an audible signal and may be hard wired directly to the building power supply with battery backup, or may be powered by self-monitored battery only if not technically feasible to install hard wired units in existing units. The smoke detector shall comply with all the specifications of the Underwriters Laboratories, Inc. Standard UL217 (Standard for Safety-Single and Multiple Stations Smoke Detectors) 2nd Edition October 4, 1978 as revised May 19, 1983 or any recognized standard laboratory testing that certifies the detector meets the requirement of National Fire Protection Association (NFPA) Standards 72E and 74. Smoke detectors shall bear the label of a nationally recognized standards testing laboratory that indicates that the smoke detectors have been tested and listed under the requirement of UL217 2nd Edition or NFPA 72E and 74. 5. Duties of Owner and Occupant. It shall be the responsibility of the owner to supply and install on a continuing basis all required detectors. The owner shall be responsible for testing and maintaining detectors in common stairwells. It shall be the responsibility of the tenant to provide and maintain functional batteries after initial installation for each detector, to test and maintain detectors within dwelling units, and to notify the owner or authorized agent in writing of any deficiencies. The owner shall be responsible for providing each tenant with written information regarding detector testing and maintenance. The owner shall provide notice to the occupant of the respective duties of the parties and the potential penalties for violation of the subsection. The owner shall either: 1. Post a notice which is 8 1/2 inches by 11 inches or larger inside the rental unit in a conspicuous space, or 2. Include a notice provision in the lease agreement, or Editor’s note: Deleted language shown thus. Added language shown thus. 3. Provide notice in separate agreement or addendum to lease If the owner chooses to put the notice in the lease or in a separate agreement, the notice shall be in at least 14 point type. The notice shall be prepared in duplicate and shall be signed and dated by the occupant. One copy shall be given to the occupant and one copy shall be kept on file by the owner and this copy shall be available for inspection by the Fire Chief or his or her agent between 9 a.m. and 4 p.m. Monday through Friday. At a minimum the notice shall include the items as set out in the following: NOTICE OF DUTIES OF OWNER AND OCCUPANT RELATING TO SMOKE DETECTORS ORDINANCES OF THE CITY OF JEFFERSON REQUIRE THE FOLLOWING OF THE OWNER AND OCCUPANT OF THIS RENTAL UNIT: OWNER THE OWNER SHALL SUPPLY AND INSTALL ALL REQUIRED DETECTORS. THE OWNER SHALL MAINTAIN AND TEST ALL DETECTORS IN COMMON STAIRWELLS. THE OWNER SHALL PROVIDE OCCUPANT WITH WRITTEN INFORMATION REGARDING DETECTOR TESTING AND MAINTENANCE. OCCUPANT THE OCCUPANT SHALL PROVIDE AND MAINTAIN BATTERIES FOR THE DETECTORS. THE OCCUPANT SHALL TEST AND MAINTAIN DETECTORS WITHIN DWELLING UNITS. THE OCCUPANT SHALL NOTIFY OWNER IN WRITING IN CASE OF DEFICIENCY OF DETECTOR. PENALTY IT IS UNLAWFUL FOR ANY PERSON TO REMOVE BATTERIES OR IN ANY WAY MAKE SMOKE DETECTORS INOPERABLE. VIOLATION OF THIS ORDINANCE MAY BE PUNISHABLE BY A FINE NOT EXCEEDING $500.00 OR IMPRISONMENT FOR A PERIOD NOT EXCEEDING THREE MONTHS. Editor’s note: Deleted language shown thus. Added language shown thus. 6. Enforcement and Inspection. The Fire Chief or his or her designated department representatives shall have jurisdiction to inspect dwelling units for the installation of any smoke detector required to be installed under this subsection or any other ordinance. Said inspections may be held during reasonable daylight hours. If a unit is found to be in noncompliance, owner shall be notified that he or she has 48 hours to get the unit in compliance. Notice of noncompliance to the occupant of the unit shall be posted inside the unit. If after 48 hours the building is still not in compliance it shall be posted as uninhabitable and shall remain so posted until re-inspected for full compliance with this subsection. 7. Tampering. It shall be unlawful for any person to remove batteries or in any way make smoke detectors inoperable. 8. Noncomplying Units. It shall be unlawful for an owner to lease a noncomplying unit. 9. Penalty - A violation of this code shall be punishable by the standard penalty authorized in Section 1-13 of the Code of the City of Jefferson. Add section 503.1.2.1 Fire Lanes. 1. The Fire Chief may designate fire lanes on private and public property. Fire lanes may be established on driveways and access roads required by City Code sections applicable to the property in question, provided that fire lanes may not be established on property containing one- or two- family residential dwellings. 2. Upon notice by the Fire Chief of designation of a fire lane, it shall be the duty of the owner, occupant, or his agent, of the premises upon which the fire lane has been designated, to identify the location of fire lane on the owner's property. Add Section 503.3.1 Details. 1. The fire lane shall be identified by placing a sign at each end of the fire lane in accordance with section 503.1 and by marking the pavement and/or curb in accordance with 503.3.2. The Fire Chief may permit the property owner to designate by only one of those methods if he finds there is a hardship in identification by both methods. 2. If a property owner disagrees with the determination of the Fire Chief as to the location of the Fire Lane or determination on a request for a hardship, the property owner may seek judicial review of the decision to the Circuit Court pursuant to Chapter 536 of the Revised Statutes of Missouri. 3. Signs designating fire lanes shall comply with the Manual on Uniform Traffic Control Devices. Such signs shall be rectangular in shape with a white background and red letters or yellow, stating "NO PARKING - FIRE LANE". 4. The signs described in subsection 3 of this section shall be posted in the following manner: 1. At each end of a fire lane which exceeds thirty (30) feet in length with signs that can be read from each direction; 2. Midway between the ends of a fire lane less than thirty (30) feet in length with the signs to be posted to the right of the traffic way and to be legible from the roadway. Add Section 503.3.2 Curbs. 1. Curbs (or pavement if there are no curbs) in a fire lane shall be painted with a stripe at least three (3) inches wide. 2. The paint to be used in complying with subsection 1 of this section shall be yellow or red in color. 3. The yellow or red striping marking a fire lane shall not be a part of, and shall be distinctly different from, any other restricted parking striping used in the area of the fire lane. 4. The curb or pavement shall include a rectangular shape with a white or red letters stating "NO PARKING - FIRE LANE ". Substitute the following for Section 507.5.1 Where required. Editor’s note: Deleted language shown thus. Added language shown thus. Fire hydrant spacing: In the districts designated RU, RC, RS-l, RS-2, RS-3, RS-4, RD, RA-l, and RA- 2 by the City zoning ordinance, fire hydrants shall be six hundred (600) feet apart along any given street, unless a block between two intersecting streets is longer than four hundred (400) feet but less than six hundred (600) feet. In all other districts designated in such zoning ordinance, fire hydrants shall be three hundred (300) feet apart along any given street. In an area in the RU, RC, RS-l, RS-2, RS-3, RS-4, RD, RA-l, or RA-2 districts which a non-residential use exists, the three hundred (300) foot spacing requirement shall apply. Add sections to 507.5.2 through 507.5.4.7: 507.5.2.1 Hydrant use approval: A person shall not use or operate any fire hydrant intended for use of the fire department for fire suppression purposes unless such person first secures the permission of the code official and the water company having jurisdiction. This section shall not apply to the use of such hydrants by a person employed by, and authorized to make such use by, the water company having jurisdiction. 507.5.4.1 Obstructing fire hydrants: It shall be unlawful to, by the erection of a fence, placement of a living, dead, or imitation plants, or placement of any decorative device, to obscure from view, damage, deface, obstruct or restrict the access to any fire hydrant or any fire department connection for the pressurization suppression systems, including fire hydrants and fire department connections that are located in public or private streets and access lanes, or on private property. 507.5.4.2 Notice of violation: The code official shall issue notices of violations of section 507.5.4 to any property owner in violations of said section. The notice shall contain a description of the material(s) found to be a violation, a direction to remove the material(s) within fifteen (15) days after mailing of the notice, and a copy of section 507.4. 507.5.4.3 Removal of materials: Obstructions or encroachments that constitute a violation of 507.5.4 are declared to be a nuisance and may be abated as set forth in Chapter 21 of the City Code. 507.5.4.4 Duty to maintain: It shall be the duty of the owner of the property on which a fire hydrant or fire department connection for the pressurization — suppression systems is located to maintain the property surrounding such hydrant or connection in such a manner as to comply with section 507.5.4. 507.5.7 Fire Hydrant Construction: Any fire hydrant installed for private or public use shall conform to the specifications of the water company having jurisdiction. Any such hydrant shall be right-hand opening, with two, two and one-half inch outlets, and one, four and one-half inch outlets, and shall be supplied by a water main of sufficient size to provide fire protection. Add section 806.5 806.5 Exterior Combustible Landscape Mulch Materials: Egress doors shall be free of combustible materials for a minimum distance of 20 feet from the centerline of the entrance. This applies to new construction and remodels. Add section 906.11: 906.11 Portable Fire Extinguishers: Fire extinguishers shall meet or exceed Factory Mutual Global or Underwriter's Laboratory specifications. Delete section 1103.5.1 in its entirety. Add Section 5607.16 through 5607.24 5607.16 Permit Application: Application will be submitted five [5] working days in advance before a blasting permit will be issued. Permit applicants shall provide: 1. Plan explaining an estimated number of blasts and when the job is projected to be completed. 2. A site plan indicating location and number of magazines. a. Bunkers, if required Editor’s note: Deleted language shown thus. Added language shown thus. b. Distance to adjacent buildings and / or structures c. Material Safety Data Sheets shall be provided for all materials used on the job site. d. Documentation of blasters certification. 3. A blasting contractor failing to apply for blasting permits or found blasting without a permit will be subject to fines as set forth in Section 1-13 of the City Code, plus the cost of a blasting permit. 4. Blasting contractors will provide one of the following to the fire department. a. Approved site plan. b. Approved grading permit and/or approved building permit. 5607.17 Certification: Blasters Certification shall be required of all blasters. All blasters must obtain certification as a blaster from the Missouri Limestone Producers Association [MLPA] or equivalent. All blasters certification will be provided to the Fire Department and kept on file. 5607.18 Insurance: The blasting contractor shall provide a "Certificate of Insurance" for special blasting liability insurance coverage, in the amount of not less than Three million dollars [$3,000,000.00]. Certificate of Insurance shall show the "City of Jefferson" as a "Certificate Holder". 5607.19 Signage: Proper signage shall be set on all streets, roads or highways declaring "Blasting Area" and "Shut Off Two-way Radios" [not applicable when non-electric caps are used], within five hundred [500] feet of the blast site. 5607.20 Seismographs: Minimum of one [1] seismograph shall be on all blasting sites. Additional seismographs may be required by the Fire Official. Seismic readings shall not exceed 1.5PS [inch per second]. Sound levels shall not exceed 130 db at the Seismic site. Seismic readings and copies of blasting logs shall be kept on record by the blasting contractor for one year for review if necessary by the fire official. 5607.21 Pre-Blast Surveys: Blasters shall conduct a pre-blast survey when blasting within three hundred [300] feet of any habitable structure, well, road, street or highway. 5607.22 Written Notice: Written notice shall be delivered to all property owner/managers within pre- blast survey area. Notice shall contain: Blasting contractor's name, address and phone number, beginning and ending dates, approximate blasting times, blasting location and party for whom work is being done. Written notice will be delivered five [5] days in advance before blasting. 5607.23 Warnings/Blasting: 1. The blasting contractor shall be responsible for insuring that the area is visually inspected and made clear of people and/or animals. 2. Warnings shall be sounded as follows: 3. Three [3], five [5] to ten [10] second soundings from a siren, air horn or other approved warning device, with minimum sound level of 125 db at one hundred [100] feet, shall be sounded. 4. Wait a full thirty [30] seconds. 5. Sound another five [5] to ten [10] second sounding. 6. Immediately followed by a voice command from an amplified bullhorn, or equivalent. 7. Detonation shall follow. 8. An "all clear", voice command shall be given after blast and when blast area is safe to enter for inspection. 5607.24 Permit Fee: Permit fee for blasting within the City of Jefferson will be as specified in Appendix Y of the City Code of the City of Jefferson. Add Section 5610: GENERAL Editor’s note: Deleted language shown thus. Added language shown thus. 5610.1 Scope: The manufacture, sale and use of fireworks is prohibited within the jurisdiction. The display or discharge of fireworks shall comply with the requirements of this article. 5610.2 Permit required: A permit shall be obtained from the Jefferson City Fire Department for the display or discharge of fireworks, except for activity allowed under Sec. 5610. 5610.3 Permit applications: Application for permits shall be made in writing at least 15 days in advance of the date of the display or discharge of fireworks. The possession and use of fireworks for such display shall be lawful under the terms and conditions approved with the permit and for such display shall be lawful under the terms and conditions approved with the permit and for that purpose only. A permit granted hereunder shall not be transferable, not shall any such permit be extended beyond the dates set out therein. Add Section 5611: USE, DISPLAY AND DISCHARGE 5611.1 General: It shall be a violation of this code for any person to store, use or explode any fireworks, except as provided in the rules and regulations issued by the Jefferson City Fire Department for the granting of permits for supervised public displays of fireworks by the jurisdiction, fair associations, amusement parks and other organization. Every such public display and private non-projectile fireworks display shall be supervised by an adult permit holder and shall be handled by an approved, competent operator. The fireworks shall be arranged, located, discharged or fired in a manner that, in the opinion of the Jefferson City Fire Department, will not be a hazard to the property or endanger any person. 5611.2 Bond for display: The permittee shall furnish a bond in an amount deemed adequate by the Jefferson City Fire Department for the payment of all damages which may be caused either to a person or persons or to property by reason of the permitted display, and arising from any acts of the permittee, the permittee's agents, employees or subcontractors. 5611.2.1 Disposal of unfired fireworks: Unfired fireworks and trash that remain after the display is concluded shall be immediately disposed of in an approved, safe manner. 5611.3 Exemptions: Nothing in this article shall be construed to prohibit any wholesaler, dealer or jobber to sell at wholesale such fireworks as are not herein prohibited, or the sale of any kind of fireworks provided the same are to be shipped directly out of state, or the use of fireworks by railroads or other transportation agencies for signal purposes or illumination, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations. Such wholesalers, dealers and jobbers shall store their supplies of fireworks in accordance with Chapter 56. 5611.4 Seizure of fireworks: The Jefferson City Fire Department shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks that are offered or exposed for display or sale, or are stored or held in violation of this article. Add Section 5612. 5612. Permitted Possession and Uses. Notwithstanding any other provisions of section 5608, the following shall be permitted. 1. Possession and use of Class D fireworks. 2. Transportation of fireworks through the City. 3. Possession and use of Class C fireworks on private property of five (5) acres or more. All permitted uses of fireworks under this section must occur from June 15th through July 8th, or December 31st through January 1st , and within the hours of 8 a.m. and 10 p.m., except for the 4th of July and New Year's Eve when the hours will be extended until midnight. (Ord. No. 11691, § 1, 1-13-92; Ord. No. 11704, § 1, 2-3-92; Ord. No. 14829, § 7, 8-1-2011; Ord. No. 14841, § 1, 9- 6-2011; Ord. No. 14974, § 1, 5-21-2012; Ord. No. 15239, § 1, 3-3-2014; Ord. No. 15702, § 2, 8-21-2017) Section 3. This Ordina nce shall be in full force and effect from 6 0 calendar days after the date of its pa ssage and approval. Passed : ----------------------- Pre siding Officer ATTEST: City Clerk App roved: ____________________ _ Mayor Carrie Tergin APPROVED AS TO FORM : City Att0rn ey l . Editor's no te: Deleted language shown tffil.s . Ad ded la nguage shown thus. BILL SUMMARY BILL NO: 2022-025 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing the City to Execute an Agreement with Mid-Missouri Earth Movers . L.L.C ., for the Demolition of Seven (7) Properties DATE INTRODUCED: June 21. 2022 b A ~ DEPARTMENT DIRECTOR(S): L~ CITY ADMINISTRATOR: A:. :.=it :;t:_ Staff Recommendation: Ap::.. 7 Summary: Authorizing the City to execute an Agreement with Mid-Missouri Earth Movers for the demolition of seven (7) properties relating to the Capitol Avenue demolitions and acquisitions. Origin of Request: City Attorney. Department Responsible: Law I PPS PERSON RESPONSIBLE: RYAN MOEHLMAN I SONNY SANDERS Background Information: On April 4 , 2022 , the City Council passed Bill No 2021-093, and amended the FY 2022 budget by appropriating additional funds within the genera l funds for the Capitol Avenue demolitions and acquisitions . Such supplemental appropriations i ncl uded transferring $575 ,000 from the Surplus account to Capitol Avenue Demos & Acquisitions account. Additionally, pursuant to Bill No 2021-093 , City Staff was instructed to present to the City Council a plan (1) for identification of persons or organizations who are prepared to commit to the rehabilitation of particular structures in the Capitol Avenue Neighborhood Conservation Overly District and (2) for identification of dangerous buildings for which the delaying of demo lition is unreasonable and not in the interest of the health, safety, and general welfare of the public and the public safety personnel of the City. The plan further provided that if the City Council determined that a structure should be delayed to be demolished or if no interested person came forward for a structure , the City would demolish such structure. City Staff solicited bids for demolition of these to provide full information on cost of demolition. This contract locks in demolition cost for six months. NOTHING IN THIS CONTRACT AUTHORIZES OR REQUIRES A STRUCTURE TO BE DEMOLISHED . Notices to Proceed w i ll only be issued on this contract AFTER the City Council determines that a structure needs be demolished or if no interested parties come forward , as previous ly outlined in the approved plan. Mid-Missouri Earth Movers has become the apparent lowest and best bidder on the 109 Adams , 113 Adams , 401 E Capitol , 407 E Capitol , 409 E Capitol , 419 E Capitol , and 4101416 E Capitol , demolition projects . Fiscal Information: $193 ,953 .00 from the Capitol Avenue Demos & Acquisitions account. BILL NO . 2022-025 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 MID-MISSOURI EARTH MOVERS, L.L.C., FOR THE DEMOLITION OF THE DANGEROUS STRUCTURES LOCATED AT 109 ADAMS, 113 ADAMS , 401 E CAPITOL, 407 E CAPITOL, 409 E CAPITOL, 419 E CAPITOL , AND 410/416 E CAPITOL. WHEREAS , Mid-Missouri Earth Movers , L.L.C ., has become the apparent lowest and best bidder for the demolitions of 109 Adams , 113 Adams , 401 E Capito l, 407 E Capitol , 409 E Capitol , 419 E Capitol , and 410/416 E Cap itol , relat in g to the Capitol Avenue demolitions and acquisitions p roject. NOW BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. Mid-Missouri Earth Movers , L.L.C ., is hereby approved as the best qualified firm to provide demolition of the dangerous structures located at 1 09 Adams, 113 Adams , 401 E Capitol, 407 E Capitol, 409 E Capitol , 419 E Capitol, and 410/416 E Capitol , and its proposal is hereby accepted. Section ~. The Mayor and City Clerk are hereby authorized to execute an agreement with Mid-Missouri Earth Movers , L.L.C ., to provide demolition of the dangerous structures located at 109 Adams , 113 Adams , 401 E Capitol , 407 E Capitol , 409 E Capitol , 419 E Capitol, and 410/416 E Capitol. Section ~· The agreement shall be substantially the same in form and content as that agreement attached hereto as Ex hibit A. Section 4. 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 : I City Clerk City A tto r ney FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB4041 -Demolition of I 0 Structures Planning and Protective Services, Opened May 19, 2022 RECOMMENDATION: Staffrecommends the award of bid IFB4041 to Ahrens Contracting, Inc of St. Louis, Mi sso uri and Mid-Missouri Earth Move rs of Jefferson City, Missouri for demolition services as follows: Location Amount Vendor 109 Adams St $22,470.00 M id-Missouri Earth Movers 1 13 Adams St $17487.00 Mid-Missouri Earth Movers 401 E Capitol Ave $23,451.00 Mid-Missouri Earth Movers 407 E Capitol Ave $28 380.00 Mid-Missouri Earth Movers 409 E Capitol Ave $23,244.00 Mid-Missouri Earth Movers 413 E Capitol Ave $45 700.00 Ahrens Contracting 419 E Capitol Ave $21,1 17.00 M id -Missouri Earth Movers 410/416 E Capitol Ave $57,804.00 M id-Misso uri Earth Movers 517 E Cap itol Ave $34 600.00 Ahrens Contracting 415 Commercial Way $39,700.00 Ahrens Contracting Total Cost $313,953.00 The bid is being awarded to the lowes t and best bid meeting s pecificati o ns. Contracts for the demo lition of structures on these properties will be completed now; however, the actual demolition Notice to Proceed will not be given and work wi ll not begin until after the structural assessments have been completed and City Co unci l has approved to demolish the structures. BIDS RECEIVED: Ahrens Contracting, Inc, St. Louis, MO Cahill Construction, Inc, Rolla, MO Jeff Schnieders Construction Company, Jefferson C ity, MO Mid Missouri Earth Movers, Jefferson City, MO Premier Demo liti o n Inc, St. Louis, MO See attached bid tabulation s he et for s ubmitted bid pricing. This bid was advertised in the News Tribune on 04/27/2022 and posted on Bonfire. Bid notificat ions were se nt to 246 vendors of which 41 were recommended vendors. FISCAL NOTE· Expended or Account Description FY2022 Encumbered Bid Amount Balance Number Bud2et Amount Cap Ave Demos & 10-185-550095 Acquisitions -General Fund $575 000.00 $103.25 $3 13 ,953.00 $260,943.75 Bid Total $313 953.00 ATTACHMENTS -SUPPORTING DOCUMENTATION Signature ~r a ~ u ha · g Agent 5/27/ Ahrens Contracting Inc ' Unit of Days to Total # It em s Measure Co mplete Landfill Site Cost Jefferson City #G-1 109 Adams St Lump Sum 15 Landfill $32,670.00 Jefferson City #0-2 113 Adams St Lump Sum 15 Landfill $29,300.00 Jefferson City #G-3 401 E Capitol Ave Lump Sum 15 Landfill $29,150.00 Jefferson City #G-4 407 E Ca pitol Ave Lump Sum 15 Landfill $30,780.00 Jefferson City #0-5 409 E Capi t ol Ave Lump Sum 15 Landfill $28,800.00 Jefferson City #0-6 413 E Capi t ol Ave Lump Sum 15 Landfill $45,700.00 Jefferson City #0-7 419 E Ca pit ol Ave Lump Sum 15 Landfill $34,800.00 410/416 E Capitol Jefferso n Ci ty #0-8 Ave Lump Su m 20 Landfill $58,000.00 Jefferson City #0-9 517 E Capitol Ave Lump Su m 15 Landfill $34,600.00 415 Commercial Jefferson Cit y #0-10 Way Lump Sum 1 5 Landfill $39,700.00 #0-11 Hourly Labor Rate Pe r Hour 0 0 $72.50 Hourly Machine #0-12 Rate Per Hour 0 0 $420 Old vendor su bmit all required paperwork? Yes Other Comments Bid Opening-IFB4 041-Demolition of 10 Structures 5/19/22 Cahill Construction Inc Jeff Schnieders Construction Company Days to Total Days to Total Compl ete Landfill Sit e Cost Complete Landfill Site Cost Jefferson City B Jeff city $22,000.00 8 Landfill $35,445.00 Jefferson City 8 Jeff city $20,000.00 B landfill $32,26S.OO Jeffer son City 8 Jeff city $22,000.00 10 Landfill $38,360.00 Jefferson City 8 Jeff city $23,000.00 10 Landfill $51,905.00 Jefferson City 8 Jeff city $22,000.00 10 Landfill $38,130.00 Jefferson City 10 Jeff city $30,000.00 15 Landfill $76.480.00 Jefferson City 8 Jeff ci ty $23,000.00 10 Landfill $40,605.00 Jefferson City 10 Jeff ci ty $30,000.00 1 5 Landfill $76,565.00 Jefferson City 10 Jeff city $25,000.00 15 Landfill $58,965.00 Jefferso n City 8 Jeff city $24,000.00 20 La ndfill $102,179.00 na na $80 0 N/A $85 na na $180 0 N/A $365 No-did not submit b id bond Yes Mid-Missouri Earth Movers LL C Premier Demolition Inc ' Days to landfill Total Days to Total Comp lete Site Cost Complete Landfill Site Cost 14 days JC Landfill $22,470.00 5 Republic $35,750.00 14 days JC Landfill $17.487.00 s Republic $34,750.00 14 days JC Landfill $23,451.00 6 Republic $38,750.00 14 days JC Landfill $28,380.00 7 Republic $43,900.00 14 days JC Landfill $23,244.00 6 Republic $39,000.00 21 days JC Landfi ll $48,294.00 10 Republic $63,600.00 14 days JC Landfill $21,117.00 5 Re public $34,200.00 21 days JC Landfill $57,804.00 12 Re public $67,200.00 14 days JC Landfill $39,366.00 9 Republic $52,850.00 21 d ays JC Landfill $43,146.00 15 Republic $77,300.00 NA NA $20 0 N/A $96.25 Bid NA NA $125 0 Cl ari fications $150 Yes Yes Vendor offer s a mobilization reduction of $2,000 for each site after initial site Corrigan, Leigh Ann From: Sent: To: Cc: Subject: Sanders, Sonny Tuesday, May 31, 2022 1:27 PM Corrigan, Leigh Ann; Stratman, Anne Helmick, David RE : Recommendation for Award I recommend the vendors identified and listed in the attached award document. SS From: Corrigan, Leigh Ann <LCorrigan@jeffersoncitymo.gov> Sent: Friday, May 27, 2022 1:01 PM To: Stratman, Anne <AStratman@jeffersoncitymo.gov> Cc: Sanders, Sonny <SSanders@jeffersoncitymo.gov>; Helmick, David <DHelmick@jeffersoncitymo.gov> Subject: Recommendation for Award Attached is the Finance Packet cover sheet I will be submitting once I receive the recommendation for award. I thought you may want to just copy/paste the table showing which properties are to be awarded to which vendors so you don't have to start from scratch. Once I receive the recommendation to award, I will send this and the other supporting documents to Emily for the June 6 Council meeting. Leigh Ann Corriga n Purchasing Agent City of Jefferson Phone : (573) 634-6325 Fa x: (573) 634-6329 1 CITY OF JEFFERSON DEMOLITION CONTRACT 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 the Mid-Missouri Earth Movers, 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 demolition of the following residential structure and all debris and other trash items on the lot at 109 Adams, 113 Adams, 401 E Capitol, 407 E Capitol, 409 E Capitol, 410/416 E Capitol, and 419 E Capitol, Jefferson City, Missouri, and the proper disposal in an approved landfill. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to perform the services related to demolition of the structure and grading of lots more particularly described in Exhibit A attached hereto. Contractor further agrees to obtain a demolition permit from the City and the Missouri Department of Natural Resources, if necessary, prior to performing any services. 2. Payment to Contractor. The City hereby agrees to pay Contractor for work done pursuant to this contract at intervals of not less than 28 calendar days upon acceptance of said work by the Department of Planning and Protective Services, and in accordance with the rates and/or amounts of stated in the bid of the Contractor, which are by reference made part of hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. Lien releases must be provided prior to any payment being made to the Contractor. The total cost for each individual property shall not exceed the amount listed in Exhibit A. The total amount of this contract shall not exceed One Hundred Ninety-Three Thousand Nine Hundred Fifty- Three Dollars and Zero Cents ($193,953.00). 3. Notice to Proceed. Notices to Proceed shall be issued on a property-by-property basis. Contractor shall not be obligated to perform work, nor be entitled to payment, on any particular property unless the City issues a Notice to Proceed for such particular property. Contractor shall not begin the work to be performed until receipt of written Notice to Proceed, after which the Contractor shall complete said work within the time frame specified in the Notice to Proceed. If the Contractor does not receive such written Notices to Proceed within six (6) months of the date last executed by a party as indicated below and if the total amount, referenced in Paragraph 2 of this contract, does not apply or has changed, Contractor may terminate this contract. 4. Insurance. Contractor agrees to obtain and maintain throughout the term 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. City shall be named as an additional insured on such policy. 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 a one person in a single accident or occurrence. City shall be named as an additional insured on such policy. D. 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. E. 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 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 E 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 police (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 5. Specifications, Codes and Regulations. Contractor shall comply with all appropriate specifications and codes referred to and with all regulations, ordinances and laws of the City, the State of Missouri, and the Federal Government, and permit reasonable inspection of all work by authorized inspectors. 6. Asbestos Compliance. Contractor shall comply with Missouri Air Conservation law, RSMo 643, Sections 225-250, Missouri regulations CFR 10.6.080, 10 CFR 6.240, and 10 CFR 6.250, EPA regulations at 40 CFR Part 61 governing asbestos, and OSHA worker protections regulations. 7. Permits and Licenses. Contractor will obtain and pay for all permits and licenses necessary for the completion and execution of the work and labor to be performed. 8. Debris and Material Removal. Contractor shall keep the premises clean and orderly during the course of the work and remove all debris as it accumulates. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor, unless specifically spelled-out otherwise in Exhibit A. Contractor shall dispose of the demolition debris in compliance with State and Federal laws. 9. 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 a 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. 10. Termination of Contract for Cause. If through any cause, Contractor shall fail to fulfill in a timely and roper manner their obligations under this contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of their contract, the City shall thereupon have the right to terminate this contract by giving written notice to Contractor of such terminations and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by Contractor under this contract shall, at the option of the City, become its property, and Contractors shall be entitled to receive just and equitable compensation for any work satisfactorily completed thereunder. Notwithstanding above, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of a breach of Contract by Contractor, and the City may withhold any payments to Contractor for the purpose of set-off until such time as the exact amount of damages due to the City from Contractor is determined. 11. Termination for Convenience by the Owner. The City may terminate this contract at any time by giving at least ten (10) days’ notice in writing to Contractor. If this contract is terminated by the City, as provided herein, Contractor will be paid for the time provided and expenses incurred up to the termination date. If this contract is terminated due to the fault of the Contractor, Paragraph 10 hereof to termination shall apply. 12. Owner’s Right to Proceed. In the event this contract is terminated pursuant to Paragraph 11, then the City may take over the work and prosecute the same to completions, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount 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. 13. Indemnity. To the fullest extent permitted by law, the Contractor will 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 ri ght or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 14. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done and for all the materials used in the work to b e completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 15. Sales Tax Exemption. Effective August 28, 1994, Section 144.062, RSMo allows contractors and subcontractors to purchase materials for tax exempt projects with project-specific exemption certifications approved by the Department of Revenue. The City will supply a certificate to the contractor for this project after approval is obtained from the Department of Revenue. 16. Acceptance of Final Payment as Release. Contractor’s acceptance of final payment shall be a release to the City of all claims and all liability to the Contractor. 17. Changes. City may, at any time, request changes in the scope of the work without invalidating the contract. If such changes increase or decrease the amount due under the Contract, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. The City shall review and give final approval to all Change Orders. 18. Time for Completion and Liquidated Damages. If the Contractor fails to complete the work within the contract time or extension of time granted by the City, then the Contractors may be required to pay to the City the amount of $100.00/day for liquidated damages for each calendar day that the Contractor shall be in default after the time stipulated in the contract documents. 19. Contract Documents. The contract documents shall consist of the following: a. This Contract b. Addenda c. Information for Bidders d. Signed Copy of Bid 20. Protection of Lives and Health. Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occurs as a result of Contractor’s prosecution of the work. Safety Training a. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approve by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approve OSHA program as required by Section 292.675, RSMo. b. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the project commences. c. Contractor acknowledges and agrees that any of contractor’s employees found on the project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the project. d. Contractor shall require all of its Subcontractors to comply with the requirements of this section and Section 292.675, RSMo. Notice of Penalties for failure to Provide Safety Training a. Pursuant to Section 292.675, RSMo, Contractor shall forfeit to City as a penalty Two Thousand Five Hundred Dollars (2,500), plus One Hundred Dollars ($100) for each on- site employee employed by Contractor or its Subcontractor, for each calendar day or portion thereof, such on-site employee is employed without the construction safety training required in the above paragraph. b. The penalty described in Subsection a of this section shall not begin to accrue until the time period described in Paragraphs b and c above have elapsed. c. Violations of above paragraph and imposition of the penalty described in this section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 21. 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 statute. 22. Notices. All notices required or permitted hereinunder 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: If to the Contractor: City of Jefferson Mid-Missouri Earth Movers, LLC Department of Law Attn: Rena Kuster 320 East McCarty Street 4611 Tanner Bridge Road Jefferson City, Missouri, 65101 Jefferson City, MO 65101 23. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. [Signatures to Follow on Next Page] CITY OF JEFFERSON, MISSOURI Carrie Tergin, Mayor Date: ---- ATTEST: T itl e: APPROVED AS TO FORM: C ity~·ney MID-MISSOURI EARTH MOVERS, L.L.C. Title: Date: ---- ATTEST: Title BILL SUMMARY BILL NO: 2022-026 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing the City to Execute an Agreement with Ahrens Contracting, Inc., for the Demolition of Three (3) Properties DATE INTRODUCED: June 21 , 2022 --~ ~-CL DEPARTMENT DIRECTOR(S):--;-'r---------.._..L..->L...::...----¥-..L...L--.:~-~-=-------~::...__ __ _ I CITY ADMINISTRATOR:_~'-b--"';..__----r-+--""'~~r--r---------- Staff Recommendation: Approve. Summary: Authorizing the City to execute an Agreement with Ahrens Contracting for the demolition of three (3) properties relating to the Capitol Avenue demol itions and acquisitions. Origin of Request: City Attorney Department Responsible: Law I PPS PERSON RESPONSIBLE: RYAN MOEHLMAN I SONNY SANDERS BACKGROUND INFORMATION On April 4 , 2022, the City Council passed Bill No 2021 -093 , and amended the FY 2022 budget by appropriating additional funds within the general funds for the Capitol Avenue demolitions and acquisitions . Such supplemental appropriations included transferring $575,000 from the Surplus account to Capitol Avenue Demos & Acquisitions account. Additionally, pursuant to Bill No 2021-093, City Staff was instructed to present to the City Council a plan (1) for identification of persons or organizations who are prepared to commit to the rehabilitation of particular structures in the Capitol Avenue Neighborhood Conservation Overly District and (2) for identification of dangerous bui ldings for which the delaying of demolition is unreasonable and not in the interest of the health , safety , and general welfare of the public and the public safety personnel of the City. The plan further provided that if the City Council determined that a structure should be delayed to be demolished or if no interested person came forward for a structure, the City would demolish such structure. City Staff solicited bids for demolition of these to provide full information on cost of demolition . This contract locks in demolition cost for six months. NOTHING IN THIS CONTRACT AUTHORIZES OR REQUIRES A STRUCTURE TO BE DEMOLISHED . Notices to Proceed will only be issued on this contract AFTER the City Council determines that a structure needs be demolished or if no interested parties come forward , as previously outlined in the approved plan. Fiscal Information: $120 ,000 .00 from the Capitol Avenue Demos & Acquisitions account. BILL NO . 2022-026 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. ________ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WI TH AHRENS CONTRACTING, INC ., FOR THE DEMOLITION OF THE DANGEROUS STRUCTURES LOCATED AT 413 E CAPITOL, 517 E CAPITOL, AND 415 COMMERCIAL WAY. WHEREAS, Ahrens Contracting, Inc ., has become the apparent lowest and best bidder for the demolitions of 413 E Capitol Ave ., 517 E Capitol Ave ., and 415 Commercial Way , relating to the Capitol Avenue demolitions and acquisitions project. NOW BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. Ahrens Contracting, In c., is hereby approved as the best qualified firm to provide demolition of the dangerous structures located at 413 E Capitol Ave., 517 E Capitol Ave., and 415 Commercial Way , and its proposal is hereby accepted . Section 6. The Mayor and City Clerk are hereby authorized to execute an agreement with Ahrens Contracting, Inc ., to provide demolition of the dangerous structures located at 413 E Capitol Ave., 517 E Capitol Ave., and 415 Commercial Way. Section ~· The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4 . 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 FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB404l -Demolition of l 0 Str uctures P lann in g and Protective Services, Opened May 19, 2022 RECOMMENDATIO N: Staffrecomm e nds th e award of bid IFB4041 to Ahrens Co ntracting, In c of St. Louis, Mi sso uri and Mid-Missouri Earth Movers of Jefferson City, Missouri for demolition ser vic es as follows: Location Amount Vendor 109 Adams St $22,470.00 M id-Misso ur i Earth Movers 11 3 Adams St $17 487.00 M id-Missou ri Earth Movers 401 E Cap it o l Ave $23,45 1.00 M id-Missouri Earth Movers 407 E Ca~ito l Ave $28 380.00 M id-Misso uri Earth Movers 409 E Capitol Ave $23,244.00 M id-Missouri Earth Movers 413 E Capitol Ave $45 700.00 Ahrens Contractin g 419 E Cap it ol Ave $2 1,!17.00 M id-Missouri Earth Move rs 410/416 E Capitol Ave $57,804.00 M id-Misso uri Earth Movers 517 E Cap it o l Ave $34 600.00 A hre ns Contractin g 415 Commercia l Way $39,700.00 A hrens Contractin g Total Cost $313,953.00 The bid is being awarded to th e lowest and best bid meeti ng specifi cations. Contracts for the de molition of structures on t hese properties w ill b e completed now; however, the actual demolition Notice to Proceed w ill no t be g iven and work will not beg in until after the structura l assess ments have been completed and City Co u ncil has approved to demolish the structures. BIDS RECEIVED: A hre ns Co ntractin g, In c, St. Lou is, MO Cahill Co nstru ct ion, Inc, Rolla, MO Jeff Schni eders Construction Company, Jefferson C ity, MO Mi d Missouri Earth Movers, Jefferson C ity, MO Premier Demo li tion Inc, St. Loui s, MO See attached bid tabulat io n s heet for s ubmitted bid pric in g. This bid was advertised in th e News Tribune on 04/27/2 022 and posted o n Bonfire. Bid notificatio ns were se nt to 246 vendors of which 41 were recommended vendors. F ISCAL NOTE· Expende d or Account Description FY2022 Encumbered Bid Amount Balance Number Bud!!et Amount Cap Ave Demos & I 0-185-550095 Acquis itions -General Fund $575 000.00 $103.25 $3 13 ,953.00 $260,943.75 Bid Total $313 953.00 ATTACHMENTS -SUPPORTING DOCUMENT AT! ON Signat"re ~t a ~ u ha · g Agen t 5 /27/ Ahrens Contracting Inc . Unit of Days t o Total # It em s Measur e Complete Landfill Site Cost Jefferson City 110-1 109 Adams St Lump Sum 15 Landfill $32,670.00 Jefferson City #0-2 113 Adams St Lump Sum 15 Landfill $29,300.00 Jefferson City #0-3 401 E Capitol Ave Lump Sum 15 Landfill $29,150.00 Jefferson City #0-4 407 E Capitol Ave Lump Sum 15 Landfill $30,780.00 Jefferson City #0-5 409 E Capi t ol Ave Lump Sum 15 Landfill $28,800.00 Jefferson City #0·6 413 E Capitol Ave Lump Sum 15 Landfill $45,700.00 Jefferson City #0-7 419 E Ca pit ol Ave Lump Sum 15 Landfill $34,800.00 410/416 E Capitol Jefferson Ci ty #0-8 Ave Lump Sum 20 Landfill $58,000.00 Jefferson City #0·9 517 E Capitol Ave Lump Sum 15 Landfill $34,600.00 415 Commercial Jefferson City #0·10 Way Lump Sum 15 La ndfill $39,700.00 #0-11 Hourly Labor Rate Per Hour 0 0 $72.50 Hourly Machine #0·12 Rate Per Hour 0 0 $420 Old vendor submit all required paperwork? Yes Other Comments Bid Opening-IFB4041-Demolition of 10 Structures 5/19/22 Cahill Construction Inc Jeff Schnieders Construction Com pany Days to Total Days to Total Compl ete Landfill Sit e Cost Complete Lan dfill Site Cost Jefferson City 8 Jeff city $22,000.00 8 Landfill $35,445.00 Jefferson City 8 Jeff city $20,000.00 8 Landfill $32,265.00 Jefferson City 8 Jeff city $22,000.00 10 Landfill $38,360.00 Jefferson City 8 Jeff city $23,000.00 10 Landfill $51,905.00 Jefferson City 8 Jeff city $22,000.00 10 Landfill $38,130.00 Jefferson City 10 Jeff city $30,000.00 15 Landfill $76,480.00 Jefferson City 8 Jeff city $23,000.00 10 Landfill $40,605.00 Jefferson City 10 Jeff ci ty $30,000.00 15 Landfill $76,565.00 Jefferson City 10 Jeff city $25,000.00 15 Landfill $58,965.00 Jefferso n City 8 Jeff city $24,000.00 20 Landfill $102,179.00 na na $80 0 N/A $85 na na $180 0 N/A $365 No-did not submit bid bond Yes Mid -Missouri Earth Movers LL C Premier Demolition Inc . Days to Landfill Total Days to Total Comp lete Site Cost Complete Landfill Site Cost 14 days JC Landfill $22,470.00 5 Republic $35,750.00 14 days JC Landfill $17.487.00 5 Republic $34,750.00 14 days JC Landfill $23,451.00 6 Republic $38,750.00 14 days JC Landfill $28,380.00 7 Republic $43,900.00 14 days JC Landfill $23,244.00 6 Republic $39,000.00 21 days JC Landfill $48,294.00 10 Republic $63,600.00 14 days JC Landfill $21,117.00 5 Republic $34,200.00 21 days JC Landfill $57,804.00 12 Republic $67,200.00 14 days JC Landfill $39,366.00 9 Republic $52,850.00 21 days JC Landfill $43,146.00 15 Republic $77,300.00 NA NA $20 0 N/A $96.25 Bid NA NA $125 0 Clarifications $1 50 Yes Yes Vendor offer s a mobi liza tion reducti on of $2 ,000 for each site after initial site Corrigan, Leigh Ann From: Sent: To: Cc: Subject: Sanders, Sonny Tuesday, May 31, 2022 1 :27 PM Corrigan, Leigh Ann; Stratman, Anne Helmick, David RE : Recommendation for Award I recommend the vendors identified and listed in the attached award document. SS From: Corrigan, Leigh Ann <LCorrigan@jeffersoncitymo.gov> Sent: Friday, May 27, 2022 1:01 PM To: Stratman, Anne <AStratman@jeffersoncitymo.gov> Cc: Sanders, Sonny <SSanders@jeffersoncitymo.gov>; Helmick, David <DHelmick@jeffersoncitymo.gov> Subject: Recommendation for Award Attached is the Finance Packet cover sheet I will be submitting once I receive the recommendation for award. I thought you may want to just copy/paste the table showing which properties are to be awarded to which vendors so you don't have to start from scratch. Once I receive the recommendation to award, I will send this and the other supporting documents to Emily for the June 6 Council meeting . Leigh Ann Corrigan Purchasing Agent City of Jefferson Phone : (573) 634-6325 Fax: (573) 634-6329 1 CITY OF JEFFERSON DEMOLITION CONTRACT 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 the Ahrens Contracting, Inc., 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 demolition of the following residential structure and all debris and other trash items on the lot at 413 East Capitol, 517 E Capitol, and 415 Commercial, Jefferson City, Missouri, and the proper disposal in an approved landfill. NOW THEREFORE, the parties to this contract agree to the following: 1. Scope of Services. Contractor agrees to perform the services related to demolition of the structure and grading of lots more particularly described in Exhibit A attached hereto. Contractor further agrees to obtain a demolition permit from the City and the Missouri Department of Natural Resources, if necessary, prior to performing any services. 2. Payment to Contractor. The City hereby agrees to pay Contractor for work done pursuant to this contract at intervals of not less than 28 calendar days upon acceptance of said work by the Department of Planning and Protective Services, and in accordance with the rates and/or amounts of stated in the bid of the Contractor, which are by reference made part of hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. Lien releases must be provided prior to any payment being made to the Contractor. The total cost for each individual property shall not exceed the amount listed in Exhibit A. The total amount of this contract shall not exceed One Hundred Twenty Thousand Dollars and Zero Cents ($120,000.00). 3. Notice to Proceed. Notices to Proceed shall be issued on a property-by-property basis. Contractor shall not be obligated to perform work, nor be entitled to payment, on any particular property unless the City issues a Notice to Proceed for such particular property. Contractor shall not begin the work to be performed until receipt of written Notice to Proceed, after which the Contractor shall complete said work within the time frame specified in the Notice to Proceed. If the Contractor does not receive such written Notices to Proceed within six (6) months of the date last executed by a party as indicated below and if the total amount, referenced in Paragraph 2 of this contract, does not apply or has changed, Contractor may terminate this contract. 4. Insurance. Contractor agrees to obtain and maintain throughout the term 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. City shall be named as an additional insured on such policy. 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 a one person in a single accident or occurrence. City shall be named as an additional insured on such policy. D. 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. E. 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 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 E 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 liabilit y and property damage police (or rider attached thereto) of the general contractor provides adequate protection against claims arising from operations by anyone directly or indirectly employed by Contractor. 5. Specifications, Codes and Regulations. Contractor shall comply with all appropriate specifications and codes referred to and with all regulations, ordinances and laws of the City, the State of Missouri, and the Federal Government, and permit reasonable inspection of all work by authorized inspectors. 6. Asbestos Compliance. Contractor shall comply with Missouri Air Conservation law, RSMo 643, Sections 225-250, Missouri regulations CFR 10.6.080, 10 CFR 6.240, and 10 CFR 6.250, EPA regulations at 40 CFR Part 61 governing asbestos, and OSHA worker protections regulations. 7. Permits and Licenses. Contractor will obtain and pay for all permits and licenses necessary for the completion and execution of the work and labor to be performed. 8. Debris and Material Removal. Contractor shall keep the premises clean and orderly during the course of the work and remove all debris as it accumulates. Materials and equipment that have been removed and replaced as part of the work shall belong to the Contractor, unless specifically spelled-out otherwise in Exhibit A. Contractor shall dispose of the demolition debris in compliance with State and Federal laws. 9. 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 a 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. 10. Termination of Contract for Cause. If through any cause, Contractor shall fail to fulfill in a timely and roper manner their obligations under this contract, or if Contractor shall violate any of the covenants, agreements, or stipulations of their contract, the City shall thereupon have the right to terminate this contract by giving written notice to Contractor of such terminations and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents and reports prepared by Contractor under this contract shall, at the option of the City, become its property, and Contractors shall be entitled to receive just and equitable compensation for any work satisfactorily completed thereunder. Notwithstanding above, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of a breach of Contract by Contractor, and the City may withhold any payments to Contractor for the purpose of set-off until such time as the exact amount of damages due to the City from Contractor is determined. 11. Termination for Convenience by the Owner. The City may terminate this contract at any time by giving at least ten (10) days’ notice in writing to Contractor. If this contract is terminated by the City, as provided herein, Contractor will be paid for the time provided and expenses incurred up to the termination date. If this contract is terminated due to the fault of the Contractor, Paragraph 10 hereof to termination shall apply. 12. Owner’s Right to Proceed. In the event this contract is terminated pursuant to Paragraph 11, then the City may take over the work and prosecute the same to completions, by contract or otherwise, and Contractor and its sureties shall be liable to the City for any costs over the amount 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. 13. Indemnity. To the fullest extent permitted by law, the Contractor will 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. 14. Payment for Labor and Materials. Contractor agrees and binds itself to pay for all labor done and for all the materials used in the work to be completed pursuant to this contract. Contractor shall furnish to the City a bond to insure the payment of all materials and labor used in the performance of this contract. 15. Sales Tax Exemption. Effective August 28, 1994, Section 144.062, RSMo allows contractors and subcontractors to purchase materials for tax exempt projects with project-specific exemption certifications approved by the Department of Revenue. The City will supply a certificate to the contractor for this project after approval is obtained from the Department of Revenue. 16. Acceptance of Final Payment as Release. Contractor’s acceptance of final payment shall be a release to the City of all claims and all liability to the Contractor. 17. Changes. City may, at any time, request changes in the scope of the work without invalidating the contract. If such changes increase or decrease the amount due under the Contract, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order. The City shall review and give final approval to all Change Orders. 18. Time for Completion and Liquidated Damages. If the Contractor fails to complete the work within the contract time or extension of time granted by th e City, then the Contractors may be required to pay to the City the amount of $100.00/day for liquidated damages for each calendar day that the Contractor shall be in default after the time stipulated in the contract documents. 19. Contract Documents. The contract documents shall consist of the following: a. This Contract b. Addenda c. Information for Bidders d. Signed Copy of Bid 20. Protection of Lives and Health. Contractor shall exercise proper precaution at all times for the protection of persons and property and shall be responsible for all damages to persons or property, either on or off the site, which occurs as a result of Contractor’s prosecution of the work. Safety Training a. Contractor shall provide a ten (10) hour Occupational Safety and Health Administration (OSHA) construction safety program for all employees who will be on-site at the project. The construction safety program shall include a course in construction safety and health that is approved by OSHA or a similar program approve by the Missouri Department of Labor and Industrial Relations which is at least as stringent as an approve OSHA program as required by Section 292.675, RSMo. b. Contractor shall require its on-site employees to complete a construction safety program within sixty (60) days after the date work on the project commences. c. Contractor acknowledges and agrees that any of contractor’s employees found on the project site without documentation of the successful completion of a construction safety program shall be required to produce such documentation within twenty (20) days, or will be subject to removal from the project. d. Contractor shall require all of its Subcontractors to comply with the requirements of this section and Section 292.675, RSMo. Notice of Penalties for failure to Provide Safety Training a. Pursuant to Section 292.675, RSMo, Contractor shall forfeit to City as a penalty Two Thousand Five Hundred Dollars (2,500), plus One Hundred Dollars ($100) for each on- site employee employed by Contractor or its Subcontractor, for each calendar day or portion thereof, such on-site employee is employed without the construction safety training required in the above paragraph. b. The penalty described in Subsection a of this section shall not begin to accrue until the time period described in Paragraphs b and c above have elapsed. c. Violations of above paragraph and imposition of the penalty described in this section shall be investigated and determined by the Missouri Department of Labor and Industrial Relations. 21. 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 emplo yer 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 statute. 22. Notices. All notices required or permitted hereinunder 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: If to the Contractor: City of Jefferson Ahrens Contracting, Inc. Department of Law Attn: Patricia Ahrens 320 East McCarty Street 140 Lafayette Avenue Jefferson City, Missouri, 65101 St. Louis, MO 63104 23. Jurisdiction. This agreement and every question arising hereunder shall be interpreted according to the laws and statutes of the State of Missouri. [Signatures to Follow on Next Page] CITY OF JEFFERSON, MISSOURI Carrie T e rg in , Mayor Date: ---- ATTEST: Ti t le : APPROV E D AS TO FORM: AHRENS CONTRACTING, INC. Title : Da te: ---- ATTEST : Title 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 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 Donelson Construction Company, 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: PressurePave services for nine (9) properties. 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 PressurePave services for nine (9) properties, 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 Public Works Department, and in accordance with the rates and/or amounts stated in the bid of Contractor dated May 25, 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 Two Hundred Two Thousand Seven Hundred Thirty -Five Dollars and Fifty -Seven Cents ($202,735.57). 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 one (1) year 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 1 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. 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 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 (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. 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 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 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. 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 ($100.00) 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 hereinunder 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: Donelson Construction Company, LLC Attn: Bryant Donelson 1075 Wise Hill Road Clever, MO 65631 [Signatures to Follow on Next Page] 5 DONELSON CONSTRUCTION CITY OF JEFFERSON, MISSOURI COMPANY, LLC Carrie Tergin, Mayor Date: ATTEST: Title: Date: ATTEST: City Clerk Title: APPROVED AS TO FORM: 6 Exhibit A INNk DONELSON Construction Company,LLC May 25, 2022 Britt Smith City of Jefferson City 320 E. McCarty St Jefferson City, MO 65101 Ph: (417) 743-2694 Fax: (417) 743-2945 1075 Wise Hill Road, Clever, MO 65631 ESTIMATE 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®- $1.25 MAQS®-2 Scratch $5.53 MAQS®-2 $5.53 Sherwood Dr From: north concrete To: south end Yd2: 5,257 MAQS-PressurePave®- MAQS®-2 Scratch MAQS®-2 Total $6,571.25 Scratch yd2: 249 $1,376.97 $29,071,21 $37,019.43 Taylors Ridge Ct From: Sherwood Dr To: west RAB Yd2: 2,567 MAQS-PressurePave®- MAQS®-2 Scratch MAQS®-2 Total $3,208.75 Scratch yd2: 95 $525.35 $14,195.51 517,929.61 Tyler Run Ct From: Sherwood Dr To: east RAB Yd2: 1,967 MAQS -Press urePave®- MAQS®-2 Scratch MAQS®-2 Total $2,458.75 Scratch yd2: 886 $4,899.58 $10,877.51 S18,235.84 Graystone Dr From: west concrete To: Gettysburg PI Yd2: 3,943 MAQS-PressurePave®- MAQS®-2 Scratch MAQS®-2 Total -$4'928.75 x - .., -. z _ Scratch yd2: 701 $3,876.53 $21,804,7 $30,610.07 Shanon Dale Ct From: Graystone Dr To: north RAB Yd2: 2,317 MAQS-PressurePave®- MAQS®-2 Scratch MAQS®-2 Total $2,896.25 Scratch yd2: 60 $331.80 : ; $12,81301.�� :' ... .. `` _., °... _ , $16,041.06 Gettysburg P1 From: Hollow To: south CDS Yd2: 8,082 MAQS-PressurePave®- MAQS®-2 Scratch MAQS®-2 Total $10,102.50 ;' Scratch yd2: 2,300 $12,719.00 $44,693:46 _� . ; ` .... }w $67,514.96 Antietam Ct From: Gettysburg PI To: east CDS Yd2: 1,491 MA S-PressurePave®- MAQS0-2 Scratch MAQS®-2 _ Total d 1863.75 "' - '' Scratch yd2: 954 $5,275.62 � --'+ .-.... . -._$8;245 23:� _ - ��;" . . .:E..�¢x...,- $15,384.60 GRAND TOTAL: $202,735.57 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: 2022-003 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 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 RESOLUTION SUMMARY RESOLUTION NO: RS2022-11 SPONSOR: Councilmember Deeken SUBJECT: Promotional Suspension of Transit Fixed Route Fares DAET INTRODUCED: June 21, 2022 / DEPARTMENT DIRECTOR(S):.,....-------1-:..........:.!~-+---------::I---(______.=----­ CITY ADMINISTRATOR:____,.~:::::::::.::::::::=..._-4-'=~?ZZ-zfL.L..!....---------- Staff Recommendation: Approve . Origin of Request: Public Works Department!Transit D ivision Department Responsible: Public Works Department!Transit Division PERSON RESPONSIBLE: MATT MORASCH, P .E. Background Information: The Transit Division is utilizing the remainder of approximately $2.3 million in CARES funding allotted to JEFFTRAN by the Federal Transit Administration (FTA) to supplement the Transit budget. If approved , this bill authorizes the promotional suspension of transit fixed route fares for up to six months. The proposed fare suspension would not include Handiwheels fares due to the loss of reimbursements from the eligible clients of state agencies. Fiscal Information: It is estimated approximately $39 ,000 of revenue ($6 ,500 monthly) would be forfeited over the proposed six-month time period . Since the Transit Fund is subsidized by the General Fund , the revenue loss in Transit will need to be "replaced " through the General Fund , either though (1) a supplemental appropriation (i.e ., General Fund fund balance) or through (2) a transfer from General Fund operational savings to Transit; or (3) perhaps through American Rescue Plan Act funds the City has received (subject to City Council approval). Resolution Terms: If approved , the resolution would authorize the Transit Division to suspend fixed route fares for up to six months. RESOLUTION RS2022-11 Sponsor: Councilmember Deeken A RESOLUTION SUSPENDING TRANSIT FIXED-ROUTE FARES FOR A PERIOD NOT TO EXCEED SIX MONTHS WHEREAS, the City of Jefferson , Missouri , operating as JEFFTRAN , provides transit services to the citizens of the City ; and WHEREAS, JEFFTRAN/the City of Jefferson , Missouri has received $2 ,315 ,861 in CARES funding from the Federal Transit Administration (F TA) which is applied to JEFFTRAN operational expenses ; and WHEREAS, a significant increase in fuel prices is causing hardship for City of Jefferson citizens ; and WHEREAS, a promotional suspension of fixed-route fares may increase utilization and reduce barriers to use of the transit system. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, that it hereby authorizes the suspension of fi xed- route transit fares for a promotional period of up to six months . Adopted this 21st day of June , 2022 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk RESOLUTION SUMMARY RESOLUTION NO: RS2022-1 2 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing the Mayor and City Clerk to Execute an Agreement with Tiger Eye Engineering , LLC in the Amount of $63 ,250 to Complete a Pavement Condition Evaluation within the City DATE INTRODUCED: June 21 ,2022 DEPARTMENTDIRECTOR(S: ____ ~~~~~~~~--------------- CITY ADMINISTRATOR:--{j[..k::::=-.....:::::..._-+~~~::..L..------------------- Staff Recommendation: Approve . Summary: If approved , this would authorize an agreement in the amount of $63 ,250 fo r the pavement condition assessment project, with funds for the project coming from the CIP Sales Tax. Origin of Request: Staff Department Responsible: Public Works PERSON RESPONSIBLE: MA TI MORASCH/Britt Smith Background Information: Professors from the University of Missouri have developed a cost-effective system for pavement cond ition evaluation whi ch uses cutti ng edge machine learn i ng processes to objectively determine the conditio n of street pavement. Staff, over the past year, has had the opportunity to assist the professors in this research by prov iding data from our previous rating project. These researches , in cooperation with the University, formed Tiger Eye Engineering , LLC in order to implement the system and offer the service to commun ities . FISCAL INFORMATION: Acc ount Available Requi red Remaining 46-990-577031 $75 ,782 .02 $6 3,250 .00 $12 ,532 .02 RESOLUTION RS2022-12 Sponsor: Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO CONTRACT WITH TIGER EYE ENGINEERING , LLC IN THE AMOUNT OF $63,250 TO COMPLETE A PAVEMENT EVALUATION WITHIN THE CITY WHEREAS, the City of Jefferson wishes to complete a pavement condition evaluation throughout the city; and WHEREAS, professors and staff of the University of Missouri, Columbia have developed a cost-effective pavement evaluation system; and WHEREAS, Tiger Eye Engineering, LLC continues the development of and research with this system in cooperation with the University; and WHEREAS, pursuant to City Code Sec. 26A-42(A), the procurement of the services set forth in this Resolution and the attached contract are hereby declared to be exempt from the regular procurement procedures of Chapter 26A and may be procured directly by this resolution . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Jefferson Missouri supports and authorizes the Mayor and City Clerk to execute the contract with Tiger Eye Engineering , LLC attached hereto as Exhibit A. Adopted this 21 1h day of June, 2022 Mayor Carrie T erg in ATTEST: APPROVED AS TO FORM : City Clerk 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 Tiger Eye Engineering, L.L.C., hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain services for a pavement condition evaluation, 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 perfonnance 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 a pavement condition evaluation, 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 Sixty-Three Thousand Two Hundred Fifty Dollars and Zero Cents ($63,250.00). 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall render services for the pavement condition evaluation, as set forth in Exhibit A, within nine (9) months of 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 fonn 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 perfonn 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 required hereunder will be performed by the Contractor or under the Contractor's direct supervision and all 2 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 by giving at least fourteen ( 14) days prior written notice to Contractor, without prejudice to any other rights or 3 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, its elected and appointed officials, employees, and agents from and against any and all claims, damages, 4 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. 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. 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 pennitted hereinunder 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: Tiger Eye Engineering, LLC Attn: William Buttlar 1601 S Providence Road, 1190 Columbia, MO 65211 [Signatures to Follow on Next Page] CITY OF JEFFERSON, MISSOURI Carrie Tergin, Mayor Date:. ___ _ ATTEST: City Clerk APPROVED AS TO FORM: ATTEST: btf7lll+ f/Q.YeJ j.{.C/)Inne ( { GRANT HAYES McDONNELL Notary Public -Notary Seal STAT E OF MISSOURI County ol Boone ly Commission Expi res 5/26/203·1 Commission #20718063 6 I} CamScanner Quotation for Professional Services To: Britt Smith, Operations Division Director From: William Buttlar Subject: 2022 Pavement Condition Evaluation Introduction TIGER EYE CNC31NCC1'11NO Tiger Eye Engineering, LLC 1601 S. Providence Rd., 1190 Columbia, Missouri, USA 65211 +001(217)369-8370 Exhibit A Date: May 24, 2022 Project: Jefferson City, MO Project No: N/A Tiger Eye Engineering (TEE) is pleased to provide this quotation of services in response to our understanding of Jefferson City's pavement evaluation and management needs. Our cutting- edge machine learning based software is world-class, and our staff offers over 100 years of collective experience in pavement engineering. Please see Appendix A for our company bio and summary of qualifications. Our approach involves a streamlined data collection process combined with powerful and consistent pavement evaluation through advanced machine learning, data analytics, and data visualization. We also calibrate and validate our results to your local conditions. This approach will provide Jefferson City with the data it needs to make data- driven, accurate assessments of its road infrastructure network and a system to evaluate and fine-tune maintenance decisions in the coming months and years to improve overall pavement condition while stretching maintenance dollars. Data Collection Our pavement imaging system includes a high-resolution 360 degree camera, a stereo camera, a GPS unit, and accelerometers to capture pavement roughness. The video frames will be labeled with GPS information, which are then used by our software to extract images at specified intervals to remove duplication and to cover the pavement network continuously (Figure 1). The lnsta 360 cameras are used to collect a 360 degree street-view and top-down images, the latter of which will be used for pavement distress evaluation. The Zed stereo camera will be used to estimate rutting, and to identify areas where foot-on-ground rutting validation activities will be carried out (Figure 1). Appendix B provides details on our IRI capture and evaluation system. a) b) c) Figure 1. a) lnsta 360 Camera, b) Zed Stereo Camera, and c) GPS Unit I Frame 1 I Frame 98 I Frame 151 I Frame (n) I Distan~e : Sm I I Dista~ce: Sm I I I Distance: Sm I Figure 2 . Converting Video Frames to .jpg Images at Specified Intervals (5 m) using GPS Data Automated Evaluation of Captured Pavement Images Pavement condition assessment provides critically needed information allowing owner-agencies to make more cost-effective and consistent decisions as they manage their network of urban and/or rural pavements . Generally, pa vement distress ins pections are performed using sophisticated data collection vehicles and/or foot-on-ground su rveys. In either approach, the process of distress detection is sub-optimal, as it inherently contains human bias, is very costly and inefficient, and can introduce on-site in spector safety risks. The Tiger Eye Engineering (TEE) automated pavement evaluation software suite was developed by coding and integrating several machine le arning and deep l earni ng techniques for distress detection and pavement condition assessment (Figure 3). Figure 3. Application of AI to Detect Type, Extent and Severity of Distresses Visualization Pavement condition of the evaluated sections {2022 survey and previous year data results) can be visualized on TEE 's interactive visualization platforms. Examples of our two main visualization programs are shown in Figures 4 and 5, where 'heat maps' of pavement condition or other user- selectable data items can be holi st ic ally viewed. The statistics of the distresses can be categorized and shown based on the city area (secto r, council, segment), filtered by pavement type or classification, traffic level, etc. Also, corresponding camera images and video replays can be accessed in a point-and-click fashion, leading to pop-up boxes showing captured images, filters for superimposing ML-assessed pavement distresses and location s, an d videos of driven pavement segmen ts as catalogued by the Jefferson City. Multiple user accounts for access to the data visualization platform will be provided upon request. Figure 4. Example of PCI Heat Map for Jefferson City, MO Figure 5. Interactive Data Vis ualization Map Example: Kansas City (PCI & OCI) Proposed Scope of Work and Budget The sco pe of work and associate d pe r-mil e cost proposal is presented in Tab le 1, along w ith add itional detail s and illu strative examp l es of the proposed deliverables for the proposed paveme nt eva lu ation items. The cost of th e total proposed eva luation and vi sua lization of 230 lane-mile s of Je fferson City roads and streets is $63,250. Table 1. Items in Project Scope , Cost per Mile, Details, and Illustrative Examples Item Project manageme nt Planning phase Downwar d Facing a nd 360 Camera Da t a Co ll ection A nnotating, loca l distr ess ID training Individual Dis tress Identification PCI, PASER o r Custom Rating- ML Co st ($/mile) 10 10 40 40 so 20 Details Pr i va t e and public meetings, prese ntations, communications, data on uest Consultations, labeling, and se tting of filter s f or database a nd v isuali zat ion platf orm f r om ex GIS First o r 1/year data co llec tion recommended to occ ur after S thaw Usi ng TEE 's cloud-ba se d ann otation too l (CVAT) No t e: Jeffer son city municipal staff may co nvenientl y interact with TEE's enginee r s on this t ask usi ng th e clo ud-based tool Using TEE's ML-based soft ware To be se lected by Jeffe r son cit y Illustrative Examples 200 I 00 o 1000 2000 3000 •ooo sooo 6000 1000 Prc:i'kl(m) Validation of PCI or Other IRI Capture and Data Process ing Curb condition evaluation Interactive data visualiza t ion maps Data Forma tting, Export to Database Data Storage and Retrieval Add M id-Fa ll Da ta Collection Add Mid-Winte r Data Co ll ection Add Mid-summer data collect ion Re p o rt o n Methods/Findings M aintenance rec ., planning and To t al 5 10 40 30 10 0 Optional/ Please re Optiona l/ Please ire Optiona l/ Plea se 1re 10 Option al/ Pleas e 275 • • • • • • Minimum of 5% of pavement network Valida ted at M oDOT's calibration/validation site in linn, MO (State Tech Airport) Data collection Data clea n ing Annotating the ima ges Model training and va lid at ion Ru nn ing the dataset prediction v isualization View and aggregate data, heat m aps, data analytics , cloud - based, ima ge/video integration Integration with Jeff City GIS platf orm First year of data st orage and back-up offer ed f r ee of charge for orders of $5 0/mile and hi her Data added to visualization p latform upon collection Discount applied for 3x o r 4x data co ll ection/year Di scount applied for 3x or 4x data co ll ection/year By TEE 's pavement experts, having over 100 years of combined ex rience ! Available upon r equest $63,250 (Ass uming 230 lane- m i Project Tasks and Timeline Task 1: Planning phase (1 month) Task 2: Data collection (1 month) Preliminary Data Available for Customer Review Task 3: Annotating, local distress ID training (2 months) Task 4: PCI model development (1 month) and validation (1 month) Task 5: Interactive data visualization (1 month) Task 6: Written report on methods and data interpretation (1 month) Table 2. Project Timeline, Gantt Chart 1) Planning 2) Data Collection 3) Annotate/Train 4) PCI Model Dev. 5) Data Visualization 6) Final Report Summary Thank you for conside ring TEE as a viab le so lution to your pavement evaluation and management needs. If any questions arise, please do not hesitate to contact us at (217) 369-8370. We promise to discuss and validate your data and to customize your data visualization platform to your complete satisfaction. We firmly believe that with higher quality data and improved data ana lytics and visua lization at your disposal, Jefferson City's road conditional and road budget will be better-than-ever in the com ing months and years. We look forward to working with you! Tiger Eye Engineering William G. Buttlar, Managing Partner Appendix I Company Bio and Qualifications Tiger Eye Engineering (TEE) is believed to be the world's first pavement engineering company devoted to providing cutting-edge machine-learning based software for rapid, bias-free pavement evaluations coupled with an integrated visualization platform. Recently established in 2021 in collaboration with the University of Missouri-Columbia, its founders have over 100 years of collective experience in pavement engineering and transportation data science and a robust portfolio of pavement condition assessment projects and proprietary software programs. TEE's business model involves partnering with local engineering firms to provide clients with high- quality, locally-validated pavement evaluations at a highly competitive price point. This is made possible by its powerful and efficient machine-learning based software programs. TEE's software licensing partnership with the University of Missouri-Columbia keeps TEE at the cutting edge of pavement data science through convenient and continuous transfer of technology developed at Mizzou by TEE's founding members to the pavement engineering community through Tiger Eye Engineering, LLC. TEE's flagship software harnesses the power of multiple, advanced machine learning algorithms purpose-built for pavement evaluation and rating. TEE's software delivers accurate, unbiased assessments of pavement condition (type, extent, and severity of customer-selected distresses) and section-by-section pavement ratings (standard (e.g., PCI) or local/tailored ratings). Other powerful features of TEE's machine-learning based software system include distress identification/model training by TEE's in-house, internationally-renowned pavement experts, the ability for hybrid training and/or training validation by local pavement experts, multi- year and multi-site accuracy improvement over time with increased local, regional and international model training, and seamless export of data and integration with client/local GIS database systems. TEE also has developed software platforms providing clients with user-friendly data visualization and analytics, and rapid, low-cost hardware and software systems for determination of International Roughness Index (IRI) and pavement rut depth. Software solutions are tailored based on client needs with respect to local and cloud-based data hosting and computing, data backup, and multi-year data hosting needs. TEE's software has been validated by a number of US and international customers and collaborators in Missouri, Illinois, Canada, and Italy. TEE's founding members all hold PhD degrees in Civil Engineering (Buttlar, Adu-Gyamfi, Majidifard), with specialization in pavements, transportation, and data science. TEES' founders have published several of the foundational journal papers on machine learning in pavements, IRI assessment with smartphone data capture, and were the lead organizers of the First International Symposium on Data Science in Pavements (www.pavementdatascience.com), held in March of 2022 in conjunction with the US Federal Highway Administration, Turner-Fairbanks Highway Research Laboratory. TEE's offices, labs and computational servers are headquartered at the Missouri Innovation Center (MIC), located near the south-west corner of the University of Missouri campus in Columbia, Missouri (USA). Mr. Charlie Nemmers rounds out TEE's technical staff, having formerly served as a Director of the FHWA Turner Fairbanks Highway Research Lab and as a faculty member at Mizzou. TEE Engineers have performance pavement evaluation and management projects across the country, and have international experience. Dr. Buttlar is the Editor-In-Chief of Road Materials and Pavement Design, an International Journal. He also chaired the RILEM committee TC-MDC, Mechanisms of Cracking and Debo nding in As phalt and Composite Pavements. We have managed related projects across Missouri, incl udi ng projects with MoDOT, City of KCMO , City of St. Louis, and a number of other smaller cities and counties across the state. We also have previous project experience in Ill i no is, Minnesota, Kansas, Oklahoma, Georgia, Florida, Virginia, Pennsylvania, Texas, and California. Appendix B IRI Assessment with TEE's Mobile App TigerEye's mobile application (interface shown in Figure Bl) w ill be used to estimate the roughness index (IRI). The APP first captures veh icles' speed, acceleration, rotation, heading, location (latitude, longitude) from the phone's on-board sensors. The APP has been calibrated to IRI : data was collected at different speeds , on different type s of roads and a machine learning algorithm has been developed to correlate the data captured f rom the phone to actuaiiRI data. The TigerEye APP will output live roughness information when WiFi is available. In WiFi-dead zones, the APP stores ve hicle vibration and mobility information in the smartpho ne storage system. Figure Bl. Mobile App Interface for Capturing IRI Figure B2 shows the accuracy of the mobile apps' estimated IRIon diffe rent road sections and vehicle speeds. The average root mean squared error ranges between 1.6 and 5 .8 inches per mile. The accuracy is lowest for low-spee d roads, with average RMSE ranging be t ween 3 and 8 inches per mile. Consistently high accuracies are observed when speeds are greater than 35 mph. -tru~ 0 uo -JJ'~ICt~d RMSE =3.40 .-.70 ~ ~ ·-100 ·e _§ Viro 'U V'l ..c CJ u ..c 8) s: u .5 ~50 -·c !§ ro 'U 2 «> 40 f- 30 0 10 20 30 30 «> 50 m 70 Distance (miles) Predicted iri (inches/mile) Figure 82. Accuracy of Tiger Eye APP for Estimating IRI The software-based approached will calibrated and validated against roughness captured by a Class 1 Inertial Profiler that satisfies the ASTM-950-98 Standard, "Standard Test Method for Measuring the Longitudinal Profile of Traveled Surfaces with an Accelerometer Established Inertial Profiling. Calibration will be carried out at the State Technical College airport, in Linn, MO. The advantage of the smartphone based system is its high accuracy and low cost, which opens the door for more frequent assessments to be made. It can also detect highly localized, severe acceleration features, such as potholes, which can be tagged and automatically sent to TEE's visualization platform. Affidavit of Compliance with Section 285.525-285.550 RSMo ~-For AU Services in Excess of $5,000.00 State of /J!..l \ S S Q U..(? ~ ) <1:;> )ss Countyof ~o.ve.. ) I, (Jil..L-\Atn. c;. 'Bu.JTI..A£ am an authorized agent of Trti f£ £YE. /',N(itAJ~Lfl.IIV'Q> Lk (Bidder). This business is enrolled and participates in a federal work authorization program for all employees working in connection with services provided to the City of Jefferson. This business does not knowingly employ any person that is an unauthorized alien in connection with the services being provided. Documentation of participation in a federal work authorization program (signature page of the MOU with Homeland Security) is attached to this affidavit. Furthermore, aH subcontractors working on this contract shall affurnatively state in writing in their contracts that they are not in violation of Section 285.530.1 RSMo, shall not thereafter be in violation and submit a sworn affidavit under penalty ofperj Date w:...L...ol'---day of cJvf\C2.. , ZOZZ. ~~~ Notary Public My commission expires: fJS(Z{;/262~ If bidder is an individual and does not It ave any employees of any sort, complete litis section. I, the undersigned, being at least eighteen years of age, swear upon my oath that I am either a United States citizen or am classified by the United States government as being lawfully admitted for permanent residence. Date Signature Subscribed and sworn to before me this ___ day of ____ ___J __ _ Notary Public My commission expires:-------- ~ CamScanner E-Veri~-----•~ Company ID Number: 1842214 Approved by: Employer Tiger Eye Engineering, LLC Name (Please Type or Print) rntle William G Butdar ~ignature Date Electronically Signed 06/06/2022 Department of Homeland Security -Verification Division Name (Please Type or Print) Title USCIS Verification Division ~ignature Pate Electronically Signed 06/07/2022 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06101/13 E-Veri~----·~···~ Company ID Number: 1842214 Information Required for the E-Verify Program )nformation relating to your Company: Tiger Eye Engineering, LLC Company Name 1601 S. Providence Rd., 1190 Columbia, MO 65211 ~ompany Facility Address ~ompany Alternate Address County or Parish BOONE Employer Identification Number 873158999 North American Industry 541 ~lassification Systems Code Parent Company Number of Employees 1 to4 Number of Sites Verified for 1 site(s) Page 14 of 17 E-Verify MOU for Employers 1 Revision Date 06/01/13