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HomeMy Public PortalAbout2023-04-03 packet NOTICE OF MEETING AND CITY COUNCIL AGENDA i MONDAY, APRIL 3, 2023 – 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=m6c4a834325fdbfca04e6316ae07ab0e0 CALL-IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2493 008 6281 MEETING PASSWORD: 1234 TENTATIVE AGENDA PRAYER – Councilmember Fitzwater PLEDGE OF ALLEGIANCE 1. CALL TO ORDER 2. ROLL CALL 3. ADOPTION OF AGENDA 4. MISCELLANEOUS AGENDA ITEMS a. “Service Month” Proclamation Presented to Serve Jeff City and Mission JC (Mayor Tergin) b. “Fair Housing Month” Proclamation Presented to Blake Werner, President, Jefferson City Area Board of Realtors c. Blake Werner to Present the Jefferson City Area Board of Realtors “Fair Housing” Poster Contest Winners 5. PUBLIC HEARINGS 6. APPOINTMENTS BY THE MAYOR 7. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Financial Update (Shiela Pearre) 8. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF a. Council Committee Meetings (Check www.jeffersoncitymo.gov meeting calendar for dates, times locations, and agendas): i. Administration City Council Agenda – April 3, 2023 ✓ = Request to suspend rules 2 ii. Finance iii. Public Safety iv. Public Works & Planning 9. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE 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: March 20, 2023 and March 27, 2023 b. Awarding Bid to Alliance Pump for the Purchase of a Wastewater Effluent Pump in the Amount of $28,713 c. Declaring Surplus and Approving the Sale of Real Estate Located at 1007 Bellevue Ct. in the Amount of $7,923.56 12. BILLS INTRODUCED a. 2022-116 Rezoning 0.15 Acres from M-2 General Industrial to PUD Planned Unit Development and Approving a Preliminary and Final PUD Plan for Property Located in the 7000 Block of Partnership Parkway (Lester) Staff: Eric Barron b. 2022-117 Approving a Preliminary PUD Plan for Property Located at 3420 North Ten Mile Dr. (Lester) Staff: Eric Barron c. 2022-118 Approving a Preliminary PUD Plan for Property Located at 901 Schotthill Woods Ct. (Lester) Staff: Eric Barron d. 2022-119 Authorizing Development Agreements for 413 and 419 E. Capitol Ave. with GKS Management LLC (Fitzwater) Staff: Ryan Moehlman e. 2022-120 Authorizing a Supplemental Appropriation to the Purchase of Vehicles Fund, Allowing for spending of Animal Shelter Donation Funds to Purchase an Animal Control Truck (Schreiber) Staff: Eric Wilde 13. BILLS PENDING a. 2022-112 Authorizing a $1,798,461,85 Contract with WHP Training Towers for the Purchase, Design and Installation of a Fire Tower and Residential/Industrial Building for Fire Training at 2304 Hyde Park Rd., Awarding $32,000 Bid to UDT for the Demolition of the Drill Tower and Building, Accepting an Additional $200,000 Contribution from Cole County ARPA Funds, and Approving Supplemental Appropriations Sales Tax G gleaning funds (Schreiber) Staff: Matt Schofield i. Substitute 2022-112 (Schreiber) b. 2022-113 Authorizing an Amendment to the FY2022-2023 Budget by Supplementally Appropriating $213,730 to the Wastewater Enterprise Fund (Hensley) Staff: Matt Morasch City Council Agenda – April 3, 2023 ✓ = Request to suspend rules 3 c. 2022-114 Amending Purchasing Code Relating to Electronic Tablets (Wiseman) Staff: Shiela Pearre d. 2022-115 Authorizing a $59,000 Design Contract with Structural Engineering Associates, Inc. Related to Repair Services of 209 Jefferson St. and Madison St. Parking Garages (Fitzwater) Staff: Matt Morasch 14. INFORMAL CALENDAR 15. RESOLUTIONS a. RS2022-51 Approving a Special Exception Permit for a Truck Stop/Travel Plaza for Property Located in the 200 Block of Militia Dr. – Eligible for Passage after 4/17/23 Public Hearing (Lester) Staff: Eric Barron b. RS2022-52 Authorizing the Parks and Recreation Commission to approve a Tax- Exempt Lease Purchase Agreement with Central Bank to Cover Equipment Purchases (Kemna) Staff: Todd Spalding c. RS2022-53 Removes the Chesterfield Hotels Team as Master Developer of the MSP Redevelopment Project (Fitzwater) Staff: Ryan Moehlman 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. APPROVAL OF MARCH 20 and MARCH 27, 2023 CLOSED SESSION MINUTES 20. UNFINISHED BUSINESS 21. CLOSED SESSION a. Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session to discuss the following: i. Attorney Client Privilege [Sec. 610.021(1)] ii. Preparations, Including any Discussion or Work Product, on Behalf of a Public Governmental Body or its Representatives for Negotiations with Employee Groups [Sec. 610.021(9)] iii. Negotiated Contracts [Sec. 610.021(12)] 22. ADJOURN i Individuals should contact the ADA Coordinator at (573) 634 -6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. NOTICE OF MEETING AND CITY COUNCIL AGENDAi CITY COUNCIL WORK SESSION City of Jefferson, Missouri 320 E. McCarty St. City Council Chambers MONDAY, APRIL 3, 2023 5:45 P.M. AGENDA 1. Discussion of April 3, 2023 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. ProclTamation WHEREAS, volunteering one's time, talent and resources has been an integral part of our community and it is essential we continue the tradition of giving and sharing to preserve and improve the quality of life for all citizens of our community; and WHEREAS, volunteers affect real change in our neighborhoods, community, and city by investing their time, energy and valuable skills to address many needs of our community; and WHEREAS, community organizations, churches, and volunteers work together to offer our citizens an opportunity to collectively serve and impact our community; and WHEREAS, this spring, Serve Jeff City will be on April 22, 2023 and Mission JC will be on April 30, 2023 and will collectively involve over 1,000 volunteers; and WHEREAS, the City of Jefferson, Serve Jeff City, and Mission JC, and other organizations are committed to supporting and participating in efforts that improve the quality of life and keep Jefferson City looking beautiful and vibrant. NOW, THEREFORE, I, Carrie Tergin, Mayor of the City of Jefferson, do hereby proclaim April as Serr'ice !Montli in the City of Jefferson, Missouri, and I urge all citizens to recognize and participate in the valuable contributions made by volunteers and our service organizations and encourage others to serve the community to improve their own life as well as the lives of others. cQ�t-efrtad(A"-J Mayor Proc1Tamation WHEREAS, April 11, 2023, marks the 55th anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status and handicap; and WHEREAS, this law encourages fair housing opportunities for all citizens; and WHEREAS, the City of Jefferson as well as Jefferson City Area Board of Realtors, are committed to highlight the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. NOW, THEREFORE, I, Carrie Tergin, Mayor of the City of Jefferson, do hereby resolve that April 2023, being Fair5fousing fMontli begins a year -long commemoration of the U.S. Fair Housing Law in Jefferson City and urge all citizens to wholeheartedly recognize this celebration throughout the year. Attest: • Mayor ty City Clerk 1 Revenue Model Report For the Period Ending February 28, 2023 Data as of March 20, 2023 FY 2023 YTD Actual Projected Over/ Description Budget As of 3/20/2023 (Under) Budget Sales Tax and Use Tax $13,500,000.00 $3,498,093.85 $225,502.51 Intergovernmental Taxes $2,586,000.00 $363,116.87 $63,343.96 Other Taxes $94,000.00 $18,497.84 ($4,702.62) Franchise & Utility Tax $6,287,000.00 $1,682,591.48 $219,565.82 Property Taxes $5,791,659.76 $5,805,586.83 $227,435.97 Charges for Services $3,085,247.19 $2,051,971.16 ($9,059.45) Fees, Licenses, & Permits $956,105.14 $252,561.74 ($29,731.16) Fines & Forfeitures $406,500.00 $140,361.86 $2,233.89 Contributions/Donations $362,344.33 $29,822.61 $0.04 Other Operating Revenues $184,856.90 $103,511.60 ($15,185.78) Interest Income $120,000.00 $107,708.21 $83,847.18 Other Non Operating Revenue $88,775.00 $36,572.00 $0.00 Operating Transfers In $3,023,994.60 $3,009,805.70 $2,958.73 Totals $36,486,482.92 $17,100,201.75 $766,209.10 This schedule does not reflect variances in budget vs. actual for grants, as grants are typically reappropriated from year to year until the grant expires. This schedule does not reflect variances in budget vs. actual for contributions/donations that have designated reserve accounts. FY2023 Revenue Model Report (Detail)Remaining For the Period Ending February 28, 2023 YTD Actual Estimated Revenues Actual & Estimated Projected Over/Verification Description Budget As of 3/20/2023 As of 3/20/2023 TOTAL (Under) Budget of Formulas Sales Tax and Use Tax 10-100-400010 Sales Tax $13,500,000.00 $3,498,093.85 $10,227,408.66 $13,725,502.51 $225,502.51 $225,502.51 10-100-400020 Sales Tax Interest $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $13,500,000.00 $3,498,093.85 $10,227,408.66 $13,725,502.51 $225,502.51 $225,502.51 Intergovernmental Taxes 10-100-401030 Motor Vehicle Sales Tax $637,000.00 $114,488.95 $542,151.45 $656,640.40 $19,640.40 $19,640.40 10-100-403010 Gasoline Tax $1,299,000.00 $248,627.92 $1,094,075.64 $1,342,703.56 $43,703.56 $43,703.56 10-100-430080 Road & Bridge Tax $650,000.00 $0.00 $650,000.00 $650,000.00 $0.00 $0.00 $2,586,000.00 $363,116.87 $2,286,227.09 $2,649,343.96 $63,343.96 $63,343.96 Other Taxes 10-100-403020 Cig Tax $94,000.00 $18,497.84 $70,799.54 $89,297.38 ($4,702.62)($4,702.62) $94,000.00 $18,497.84 $70,799.54 $89,297.38 ($4,702.62)($4,702.62) Franchise & Utility Tax 10-100-410020 Electric Utility Lic Tax $4,019,000.00 $889,370.06 $3,216,242.69 $4,105,612.75 $86,612.75 $86,612.75 10-100-410021 Electric Utility-AUDIT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-410030 Gas Utility License Tax $920,000.00 $475,873.45 $614,353.71 $1,090,227.16 $170,227.16 $170,227.16 10-100-410052 Telephone/Cell Utility $1,090,000.00 $246,947.81 $797,081.98 $1,044,029.79 ($45,970.21)($45,970.21) 10-100-410053 Telephone/Cell Audit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-410060 Cable Franchise Fee $258,000.00 $70,400.16 $196,295.96 $266,696.12 $8,696.12 $8,696.12 $6,287,000.00 $1,682,591.48 $4,823,974.34 $6,506,565.82 $219,565.82 $219,565.82 Property Taxes 10-100-420010 Current Property Tax $5,053,000.00 $5,236,295.75 $126,175.36 $5,362,471.11 $309,471.11 $309,471.11 10-100-420020 Del Property Tax $60,000.00 $23,648.98 $6,717.88 $30,366.86 ($29,633.14)($29,633.14) 10-100-420040 Fin Institution Tax $32,000.00 $40,355.49 $0.00 $40,355.49 $8,355.49 $8,355.49 10-100-420050 Prop Tax Int & Penalties $31,000.00 $10,102.92 $21,061.64 $31,164.56 $164.56 $164.56 10-100-420055 Surtax Receipts - County Reimb $41,659.76 $41,659.76 $0.00 $41,659.76 $0.00 $0.00 10-100-420060 Surtax Receipts $508,000.00 $424,947.80 $19,294.36 $444,242.16 ($63,757.84)($63,757.84) 10-100-420080 Special Tax Rev $66,000.00 $28,576.13 $40,259.67 $68,835.80 $2,835.80 $2,835.80 $5,791,659.76 $5,805,586.83 $213,508.90 $6,019,095.73 $227,435.97 $227,435.97 Charges for Services 10-100-440010 Admin Charge Backs $1,638,418.00 $1,639,825.00 $0.00 $1,639,825.00 $1,407.00 $1,407.00 10-100-440050 Emt Reimbursement $25,000.00 $0.00 $25,000.00 $25,000.00 $0.00 $0.00 10-100-440210 Street Cuts $32,000.00 $10,125.00 $21,253.60 $31,378.60 ($621.40)($621.40) 10-100-440910 Fuel Charge - backs $20,000.00 $5,044.11 $16,105.63 $21,149.74 $1,149.74 $1,149.74 10-100-440920 Parts Charge backs $236,410.00 $78,880.34 $162,380.99 $241,261.33 $4,851.33 $4,851.33 10-100-440930 Labor Charge backs $266,590.00 $69,984.75 $183,761.57 $253,746.32 ($12,843.68)($12,843.68) 10-100-481020 Cole Cty Animal Rescue $127,260.12 $31,348.45 $95,445.09 $126,793.54 ($466.58)($466.58) 10-100-481030 Rent City Hall/Annex $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481040 Rent Other $12,000.00 $0.00 $12,000.00 $12,000.00 $0.00 $0.00 10-100-481045 Rent-tower Sites $186,000.00 $22,046.61 $169,914.83 $191,961.44 $5,961.44 $5,961.44 10-100-481065 Parking Spot Maintenance $30,000.00 $30,000.00 $0.00 $30,000.00 $0.00 $0.00 10-100-481075 Cole Cty 911 Reimb $472,493.07 $148,652.90 $314,995.36 $463,648.26 ($8,844.81)($8,844.81) 10-100-481080 Sale Of Maps/GIS Data $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481085 Cole Cty GIS Joint Coop $15,000.00 $5,000.00 $10,000.00 $15,000.00 $0.00 $0.00 10-100-481100 Sale Of Grave Sites $2,919.00 $834.00 $2,432.50 $3,266.50 $347.50 $347.50 10-100-481105 TIF Administration Fee $21,157.00 $10,230.00 $10,927.00 $21,157.00 $0.00 $0.00 10-100-481110 Long & Short $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,085,247.19 $2,051,971.16 $1,024,216.58 $3,076,187.74 ($9,059.45)($9,059.45) Fees, Licenses, & Permits 10-100-450010 Liquor Licenses $78,000.00 $1,303.75 $77,370.10 $78,673.85 $673.85 $673.85 10-100-450020 Business Licenses $220,000.00 $92,069.08 $127,539.43 $219,608.51 ($391.49)($391.49) 10-100-450021 Home Occupation Permit $1,800.00 $0.00 $1,418.18 $1,418.18 ($381.82)($381.82) 10-100-450040 Abandoned Bldg. Regist. $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-450041 Abandoned Bldg. Admin Fee $8,000.00 $12,075.00 ($4,075.00)$8,000.00 $0.00 $0.00 10-100-450045 Building Construct. Fees $316,355.14 $41,497.05 $228,423.76 $269,920.81 ($46,434.33)($46,434.33) 10-100-450050 Electrical Certificates $30,000.00 $15,582.00 $9,726.77 $25,308.77 ($4,691.23)($4,691.23) 10-100-450060 Electrical Permits $10,000.00 $2,702.50 $7,317.80 $10,020.30 $20.30 $20.30 10-100-450070 Plumbing Licenses $12,400.00 $9,967.00 $4,632.58 $14,599.58 $2,199.58 $2,199.58 10-100-450080 Plumbing Permits $11,500.00 $10,549.81 $9,624.62 $20,174.43 $8,674.43 $8,674.43 10-100-450090 Other Lic & Permits $2,000.00 $486.00 $1,329.33 $1,815.33 ($184.67)($184.67) 10-100-450091 Day Care Inspection Fees $4,500.00 $2,695.00 $3,294.29 $5,989.29 $1,489.29 $1,489.29 10-100-450092 Food Inspection Fees $90,000.00 $5,960.08 $84,200.03 $90,160.11 $160.11 $160.11 10-100-450100 Curb Cut Permits $1,000.00 $110.00 $671.54 $781.54 ($218.46)($218.46) 10-100-450110 Board Of Adj Fees $1,600.00 $800.00 $1,283.95 $2,083.95 $483.95 $483.95 10-100-450120 Sign Permits $6,000.00 $2,360.00 $3,934.65 $6,294.65 $294.65 $294.65 10-100-450130 Demolition Permits $3,000.00 $1,373.00 $2,306.39 $3,679.39 $679.39 $679.39 FY2023 Revenue Model Report (Detail)Remaining For the Period Ending February 28, 2023 YTD Actual Estimated Revenues Actual & Estimated Projected Over/Verification Description Budget As of 3/20/2023 As of 3/20/2023 TOTAL (Under) Budget of Formulas 10-100-450150 Acc Rep Fees-police $7,000.00 $2,510.00 $4,569.02 $7,079.02 $79.02 $79.02 10-100-450160 Accrpt/blastg P-fire $1,150.00 $104.87 $921.02 $1,025.89 ($124.11)($124.11) 10-100-450170 Animal Redemption Fees $98,000.00 $25,415.00 $70,227.27 $95,642.27 ($2,357.73)($2,357.73) 10-100-450180 Animal Vaccinations Fees $4,000.00 $1,750.00 $2,855.38 $4,605.38 $605.38 $605.38 10-100-450185 Animal Cremation Fees $35,000.00 $9,064.00 $25,853.99 $34,917.99 ($82.01)($82.01) 10-100-450186 Animal Boarding Fees $0.00 $1,790.00 $0.00 $1,790.00 $1,790.00 $1,790.00 10-100-450190 Taxi Permits $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-450230 Vacating Right Of Way $0.00 $136.00 $0.00 $136.00 $136.00 $136.00 10-100-450250 Rezoning Request $0.00 $4,428.00 $0.00 $4,428.00 $4,428.00 $4,428.00 10-100-450255 Planning & Zoning Review Fees $13,500.00 $7,833.60 $9,495.21 $17,328.81 $3,828.81 $3,828.81 10-100-450260 Non-refundable Plans/spec $1,300.00 $0.00 $891.92 $891.92 ($408.08)($408.08) $956,105.14 $252,561.74 $673,812.24 $926,373.98 ($29,731.16)($29,731.16) Fines & Forfeitures 10-100-460010 Court Cost $34,000.00 $10,712.74 $22,167.03 $32,879.77 ($1,120.23)($1,120.23) 10-100-460015 Court Restitutions $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-460018 Inmate Security Fund $5,300.00 $1,786.50 $3,546.68 $5,333.18 $33.18 $33.18 10-100-460020 Jail Cost Recovery $200.00 $0.00 $114.80 $114.80 ($85.20)($85.20) 10-100-460025 Alcohol Offense Cost Rec $5,300.00 $1,920.72 $3,693.89 $5,614.61 $314.61 $314.61 10-100-460030 Pol Fines-traffic $330,000.00 $116,016.55 $216,930.50 $332,947.05 $2,947.05 $2,947.05 10-100-460090 Parking Fines $38,000.00 $11,750.00 $26,496.89 $38,246.89 $246.89 $246.89 10-100-460100 Bankcard Charges ($6,300.00)($1,824.65)($4,577.77)($6,402.42)($102.42)($102.42) $406,500.00 $140,361.86 $268,372.03 $408,733.89 $2,233.89 $2,233.89 Contributions/Donations 10-100-480055 JC Fire Museum $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-480090 Police K-9 Donations $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481055 Street Repair-Solid Waste Cntr $362,344.33 $29,822.61 $332,521.76 $362,344.37 $0.04 $0.04 $362,344.33 $29,822.61 $332,521.76 $362,344.37 $0.04 $0.04 Other Operating Revenues 10-100-480010 Citizen Participation $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-480011 Police Evidence Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481070 Miscellaneous $78,619.17 $61,661.32 $17,927.85 $79,589.17 $970.00 $970.00 10-100-481072 TIF Prof Svcs Deposit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481074 Revenue Share - Purchasing Card $16,000.00 $2,870.95 $12,840.81 $15,711.76 ($288.24)($288.24) 10-100-481077 Insurance Claims $70,237.73 $38,979.33 $15,390.86 $54,370.19 ($15,867.54)($15,867.54) 10-100-481078 Cafeteria Refunds $20,000.00 $0.00 $20,000.00 $20,000.00 $0.00 $0.00 $184,856.90 $103,511.60 $66,159.52 $169,671.12 ($15,185.78)($15,185.78) Interest Income 10-100-470010 Interest $120,000.00 $107,708.21 $96,138.97 $203,847.18 $83,847.18 $83,847.18 $120,000.00 $107,708.21 $96,138.97 $203,847.18 $83,847.18 $83,847.18 Other Non Operating Revenue 10-100-485050 Sale Of Assets $88,775.00 $36,572.00 $52,203.00 $88,775.00 $0.00 $0.00 10-100-486020 Capital Contribution-Developer $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $88,775.00 $36,572.00 $52,203.00 $88,775.00 $0.00 $0.00 Operating Transfers In 10-100-490240 Trsfr From Lodging Tax $24,700.00 $10,511.10 $17,147.63 $27,658.73 $2,958.73 $2,958.73 10-100-490355 Transfer from CIT 'G' $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-490500 Transfer from Public Safety Tax $2,999,294.60 $2,999,294.60 $0.00 $2,999,294.60 $0.00 $0.00 10-100-490630 Transfer from Self Funded Hlth Ins $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,023,994.60 $3,009,805.70 $17,147.63 $3,026,953.33 $2,958.73 $2,958.73 $36,486,482.92 $17,100,201.75 $20,152,490.27 $37,252,692.02 $766,209.10 $766,209.10 Memo To:Steve Crowell From:Shelby Convery Date:March 7, 2023 Re:Sales Tax Revenues The City received the March 1% Sales Tax in the amount of $1,022,304 which is $103,368 less than projected for March. January through March overage is $225,502 (1.67%) in the General Fund. 1% General Sales Tax Receipt Actual Budget Period Receipts Projection Variance Nov-22 Jan-23 $1,259,616 $1,026,648 $232,968 Dec-22 Feb-23 $1,216,173 $1,120,272 $95,901 Jan-23 & Oct-Dec 22 Qtrly Mar-23 $1,022,304 $1,125,672 ($103,368) Feb-23 Apr-23 $959,706 Mar-23 May-23 $941,216 Apr-23 & Jan-Mar 23 Qtrly Jun-23 $1,289,592 May-23 Jul-23 $1,135,175 Jun-23 Aug-23 $1,147,955 Jul-23 & Apr-June 23 Qtrly Sep-23 $1,270,875 Aug-23 Oct-23 $1,170,133 Sep-23 Nov-23 $1,051,691 Oct-23 & Jul-Sept 23 Qtrly Dec-23 $1,261,065 Total Overage/Shortfall $3,498,093 $13,500,000 $225,502 1/2% Capital Improvement Tax - Sales Tax G & H Receipt Actual Budget Period Receipts Projection Variance Nov-22 Jan-23 $614,170 $ 519,792 $94,378 Dec-22 Feb-23 $603,664 $ 556,425 $47,239 Jan-23 & Oct-Dec 22 Qtrly Mar-23 $492,760 $ 563,512 ($70,752) Feb-23 Apr-23 $ 477,122 Mar-23 May-23 $ 474,411 Apr-23 & Jan-Mar 23 Qtrly Jun-23 $ 641,494 May-23 Jul-23 $ 572,975 Jun-23 Aug-23 $ 577,523 Jul-23 & Apr-June 23 Qtrly Sep-23 $ 636,773 Aug-23 Oct-23 $ 578,954 Sep-23 Nov-23 $ 520,413 Oct-23 & Jul-Sept 23 Qtrly Dec-23 $ 630,606 Total Overage/Shortfall $1,710,594 $6,750,000 $70,866 1/2% Parks Sales Tax Receipt Actual Budget Period Receipts Projection Variance Nov-22 Jan-23 $614,170 $ 469,739 $144,431 Dec-22 Feb-23 $603,664 $ 502,835 $100,829 Jan-23 & Oct-Dec 22 Qtrly Mar-23 $492,761 $ 509,438 ($16,677) Feb-23 Apr-23 $ 431,180 Mar-23 May-23 $ 428,728 Apr-23 & Jan-Mar 23 Qtrly Jun-23 $ 579,722 May-23 Jul-23 $ 517,610 Jun-23 Aug-23 $ 521,910 Jul-23 & Apr-June 23 Qtrly Sep-23 $ 575,455 Aug-23 Oct-23 $ 523,202 Sep-23 Nov-23 $ 470,300 Oct-23 & Jul-Sept 23 Qtrly Dec-23 $ 569,882 Total Overage/Shortfall $1,710,595 $6,100,000 $228,583 1/4% Public Safety Tax Receipt Actual Budget Period Receipts Projection Variance Nov-22 Jan-23 $305,603 $ 259,896 $45,707 Dec-22 Feb-23 $301,101 $ 278,212 $22,889 Jan-23 & Oct-Dec 22 Qtrly Mar-23 $245,290 $ 281,756 ($36,466) Feb-23 Apr-23 $ 238,561 Mar-23 May-23 $ 237,206 Apr-23 & Jan-Mar 23 Qtrly Jun-23 $ 320,747 May-23 Jul-23 $ 286,487 Jun-23 Aug-23 $ 288,761 Jul-23 & Apr-June 23 Qtrly Sep-23 $ 318,386 Aug-23 Oct-23 $ 289,477 Sep-23 Nov-23 $ 260,207 Oct-23 & Jul-Sept 23 Qtrly Dec-23 $ 315,303 Total Overage/Shortfall $851,994 $3,375,000 $32,130 Period Reporting Period Reporting Period Reporting Period Reporting City of Jefferson, Mo. - Account Analysis Account Name General Fund Sales Tax Rate: One percent (1%) Receipt Month: MARCH 2023 Account Number 10-100-400010 Prior 5 years Monthly REPORTING PERIOD RECEIPT PERIOD 2015 2016 2017 2018 2019 2020 2021 2022 2023 Average Nov January 944,619 929,179 1,083,570 884,259 1,071,917 1,049,305 986,180 1,023,976 1,259,616 act. 1,003,128 Dec February 727,437 812,670 806,789 927,290 885,496 942,049 971,262 1,222,207 1,216,173 act. 989,661 Jan & Oct-Dec Qtrly March 1,091,021 1,183,675 1,073,842 1,155,742 1,088,631 1,066,146 1,115,596 1,103,825 1,022,304 act. 1,105,988 Feb April 1,059,943 893,024 843,561 986,714 892,285 949,276 895,779 1,000,444 959,706 est. 944,900 Mar May 618,854 648,305 687,741 709,248 731,421 828,799 861,134 981,749 941,216 est. 822,470 Apr & Jan-Mar Qtrly June 1,045,933 1,119,566 1,000,942 1,042,310 1,126,211 1,093,256 1,297,057 1,227,939 1,289,592 est. 1,157,354 May July 963,280 1,012,207 1,154,051 1,117,038 979,846 1,139,419 1,112,675 1,109,974 1,135,175 est. 1,091,790 Jun August 562,996 661,518 678,636 821,132 770,155 912,996 996,635 1,251,810 1,147,955 est. 950,546 Jul & Apr-Jun Qtrly September 1,185,891 1,197,976 1,143,504 1,129,543 1,262,838 1,228,769 1,224,960 1,263,389 1,270,875 est. 1,221,900 Aug October 918,839 903,829 883,215 879,331 875,539 1,020,452 1,113,777 1,177,321 1,170,133 est. 1,013,284 Sept November 661,849 623,645 615,667 774,337 818,656 856,748 971,814 1,087,375 1,051,691 est. 901,786 Oct & Jul-Sept Qtrly December 1,075,638 1,016,682 1,333,160 1,043,108 1,008,620 1,131,896 1,231,564 1,237,576 1,261,065 est. 1,130,553 Actual to Date $ 10,856,302 $ 11,002,277 $ 11,304,678 $ 11,470,052 $ 11,511,614 $ 12,219,110 $ 12,778,432 $ 13,687,585 $3,498,094 Estimated to Fiscal Year end (based on averages and on Budgeted amount)$10,227,409 Total Actual & Estimated $13,725,503 Less: Budget $13,500,000 Over (Under) Budget $225,503 1,259,616 2,475,790 3,498,094 1,026,648 2,146,920 3,272,591 4,232,297 5,173,513 6,463,106 7,598,280 8,746,235 10,017,111 11,187,244 12,238,935 13,500,000 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 5,000,000 5,500,000 6,000,000 6,500,000 7,000,000 7,500,000 8,000,000 8,500,000 9,000,000 9,500,000 10,000,000 10,500,000 11,000,000 11,500,000 12,000,000 12,500,000 13,000,000 13,500,000 14,000,000 14,500,000 Nov Dec Jan & Oct-Dec Qtrly Feb Mar Apr & Jan-Mar Qtrly May Jun Jul & Apr-Jun Qtrly Aug Sept Oct & Jul-Sept Qtrly REPORTING PERIOD YTD Actuals vs. YTD Budget Actual Budget Printed 3/20/2023 City of Jefferson, Mo. - Account Analysis Account Name Capital Imprs Sales Tax Rate: One-Half percent (½%) Receipt Month: MARCH 2023 Account Number 46-100-400010 Prior 5 years Monthly REPORTING PERIOD RECEIPT PERIOD 2015 2016 2017 2018 2019 2020 2021 2022 2023 Average Nov January 461,560 455,278 525,521 424,160 525,696 513,808 483,288 509,721 614,170 act. 491,335 Dec February 362,597 405,543 402,964 444,476 427,711 458,324 473,674 589,318 603,664 act. 478,700 Jan & Oct-Dec Qtrly March 511,685 563,056 506,597 575,894 527,714 518,493 542,898 534,222 492,760 act. 539,844 Feb April 512,808 431,353 411,020 455,943 430,468 458,553 430,804 480,689 477,122 est. 451,291 Mar May 308,247 322,957 340,162 340,740 351,775 402,202 430,383 475,930 474,411 est. 400,206 Apr & Jan-Mar Qtrly June 496,466 539,529 489,008 508,225 554,062 537,105 626,235 599,274 641,494 est. 564,980 May July 473,120 498,229 559,119 548,625 481,405 560,720 547,153 547,456 572,975 est. 537,072 Jun August 280,733 330,112 338,618 393,512 372,416 443,962 487,128 616,545 577,523 est. 462,713 Jul & Apr-Jun Qtrly September 565,296 570,134 542,457 545,731 615,998 597,489 596,853 619,635 636,773 est. 595,141 Aug October 442,371 435,416 425,493 423,478 421,199 494,618 538,917 567,114 578,954 est. 489,065 Sept November 330,393 310,506 307,281 374,512 395,311 415,079 469,176 525,019 520,413 est. 435,819 Oct & Jul-Sept Qtrly December 515,478 494,218 652,070 510,228 495,454 558,134 604,664 600,044 630,606 est. 553,705 Actual to Date $ 5,260,753 $ 5,356,330 $ 5,500,311 $ 5,545,522 $ 5,599,211 $ 5,958,488 $ 6,231,172 $ 6,664,966 $1,710,595 Estimated to Fiscal Year end (based on averages and on Budgeted amount)$5,110,272 Total Actual & Estimated $6,820,867 Less: Budget $6,750,000 Over (Under) Budget $70,867 614,170 1,217,835 1,710,595 519,792 1,076,217 1,639,728 2,116,851 2,591,262 3,232,756 3,805,731 4,383,254 5,020,027 5,598,981 6,119,394 6,750,000 100,000 350,000 600,000 850,000 1,100,000 1,350,000 1,600,000 1,850,000 2,100,000 2,350,000 2,600,000 2,850,000 3,100,000 3,350,000 3,600,000 3,850,000 4,100,000 4,350,000 4,600,000 4,850,000 5,100,000 5,350,000 5,600,000 5,850,000 6,100,000 6,350,000 6,600,000 6,850,000 7,100,000 Nov Dec Jan & Oct-Dec Qtrly Feb Mar Apr & Jan-Mar Qtrly May Jun Jul & Apr-Jun Qtrly Aug Sept Oct & Jul-Sept Qtrly REPORTING PERIOD YTD Actuals vs. YTD Budget Actual Budget Printed 3/20/2023 City of Jefferson, Mo. - Account Analysis Account Name Parks Sales Tax Rate: One-Half percent (½%) Receipt Month: MARCH 2023 Account Number 21-210-400010 Prior 5 years Monthly REPORTING PERIOD RECEIPT PERIOD 2015 2016 2017 2018 2019 2020 2021 2022 2023 Average Nov January 461,472 455,239 525,521 424,192 525,690 513,808 483,288 509,721 614,170 act. 491,340 Dec February 362,371 405,543 395,217 450,479 427,689 458,324 473,676 589,297 603,664 act. 479,893 Jan & Oct-Dec Qtrly March 511,582 563,039 506,524 577,148 527,588 518,493 542,898 534,624 492,761 act. 540,150 Feb April 512,738 431,353 411,020 457,060 430,459 458,632 430,808 480,688 431,180 est. 451,529 Mar May 308,030 322,957 340,162 340,708 350,479 402,202 430,383 475,930 428,728 est. 399,941 Apr & Jan-Mar Qtrly June 496,386 539,529 489,008 508,266 554,065 537,107 626,235 599,274 579,722 est. 564,989 May July 473,038 498,229 559,115 548,639 481,406 560,720 547,152 547,054 517,610 est. 536,994 Jun August 280,513 330,112 338,470 393,578 372,405 443,965 487,128 616,545 521,910 est. 462,724 Jul & Apr-Jun Qtrly September 565,217 572,847 542,457 545,842 616,012 597,492 596,854 619,635 575,455 est. 595,167 Aug October 442,370 435,416 425,497 423,387 421,199 494,618 538,913 567,114 523,202 est. 489,046 Sept November 330,393 310,506 307,305 374,484 395,311 415,079 469,176 525,019 470,300 est. 435,814 Oct & Jul-Sept Qtrly December 515,368 494,218 652,101 510,220 495,452 558,134 604,664 600,044 569,882 est. 553,703 Actual to Date $ 5,259,477 $ 5,358,988 $ 5,492,397 $ 5,554,002 $ 5,597,755 $ 5,958,575 $ 6,231,173 $ 6,664,945 $1,710,595 Estimated to Fiscal Year end (based on averages and on Budgeted amount)$4,617,988 Total Actual & Estimated $6,328,583 Less: Budget $6,100,000 Over (Under) Budget $228,583 614,170 1,217,834 1,710,595 469,739 972,574 1,482,012 1,913,192 2,341,920 2,921,642 3,439,251 3,961,161 4,536,616 5,059,818 5,530,118 6,100,000 100,000 350,000 600,000 850,000 1,100,000 1,350,000 1,600,000 1,850,000 2,100,000 2,350,000 2,600,000 2,850,000 3,100,000 3,350,000 3,600,000 3,850,000 4,100,000 4,350,000 4,600,000 4,850,000 5,100,000 5,350,000 5,600,000 5,850,000 6,100,000 6,350,000 6,600,000 Nov Dec Jan & Oct-Dec Qtrly Feb Mar Apr & Jan-Mar Qtrly May Jun Jul & Apr-Jun Qtrly Aug Sept Oct & Jul-Sept Qtrly REPORTING PERIOD YTD Actuals vs. YTD Budget Actual Budget Printed 3/20/2023 City of Jefferson, Mo. - Account Analysis Account Name Public Safety Rate: One-Quarter percent (1/4%) Receipt Month: MARCH 2023 Account Number 55-100-400010 REPORTING PERIOD RECEIPT PERIOD 2022 2023 Nov January 0.00 305,603 act. Dec February 0.00 301,101 act. Jan & Oct-Dec Qtrly March 0.00 245,290 act. Feb April 0.00 238,561 est. Mar May 0.00 237,206 est. Apr & Jan-Mar Qtrly June 194,548.64 320,747 est. May July 239,893.32 286,487 est. Jun August 303,285.52 288,761 est. Jul & Apr-Jun Qtrly September 308,722.21 318,386 est. Aug October 281,012.20 289,477 est. Sept November 259,718.13 260,207 est. Oct & Jul-Sept Qtrly December 297,156.18 315,303 est. Actual to Date $1,884,336 $851,993 Estimated to Fiscal Year end (based on averages and on Budgeted amount)$2,555,136 Total Actual & Estimated $3,407,129 Less: Estimated Revenue $3,375,000 Over (Under) Budget $32,129 305,603 606,704 851,993 259,896 538,108 819,864 1,058,425 1,295,631 1,616,378 1,902,866 2,191,627 2,510,013 2,799,490 3,059,697 3,375,000 100,000 350,000 600,000 850,000 1,100,000 1,350,000 1,600,000 1,850,000 2,100,000 2,350,000 2,600,000 2,850,000 3,100,000 3,350,000 3,600,000 Nov Dec Jan & Oct-Dec Qtrly Feb Mar Apr & Jan-Mar Qtrly May Jun Jul & Apr-Jun Qtrly Aug Sept Oct & Jul-Sept Qtrly REPORTING PERIOD YTD Actuals vs. YTD Budget Actual Budget Printed 3/20/2023 CITY OF JEFFERSON FISCAL YEAR 2022 - 2023 ESTIMATED FUND BALANCE FYE2022 UNASSIGNED FUND BALANCE (ESTIMATED - UNAUDITED)8,168,227.00$ Reappropriations from FY2022 to FY2023 Repair & Repaint Recycling Bins (9,615.52)$ Ammunition and Firearms Supplies (13,136.25)$ Remainder of Evergreen Study Funds - Ordinance 16210 (9,500.00)$ Remainder of Capitol Ave Demo & Acquisition Funds - Ordinance 16216 (451,560.76)$ Finance Color Printer - ordered in FY22 and not received (4,210.45)$ Remaining Mo American Water grant funds - received in advance (2,400.00)$ Remainder of Demo Funds - Ordinance 16145 (63,433.60)$ Contractual obligation from Allied contract (18,000.00)$ Future Fire Stations (6,000.00)$ Fire Station 4 Rehab (992.53)$ Downtown Streetscape (800.00)$ Ongoing Infrastructure/Facility Needs (5,700.06)$ MSP - EDA Grant matching portion (1,599,595.00)$ (2,184,944.17)$ 2023 Adjustments/Supplementals (Does not include other "Reserve" accounts as they are not "Unassigned" fund balance) FY2023 Supplemental Appropriations: -$ FYE2023 ESTIMATED Unassigned Fund Balance 5,983,282.83$ FYE2023 ESTIMATED Fund Balance % of Adopted Budget 15.75% 17% of FY2023 Adopted Budget ($37,996,179) = $6,459,350 CITY COUNCIL “PRE-MEETING” WORK SESSION, MARCH 20, 2023 CALL TO ORDER Mayor Carrie Tergin called the March 20, 2023 City Council “Pre-Meeting” to order at 5:46 P.M. to review the agenda. ATTENDANCE The following Councilmembers were present when the meeting convened: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward Absent: Wiseman DISCUSSION OF AGENDA ITEMS Councilmember Schreiber will lead the prayer. Miscellaneous - There are three scheduled proclamation presentations. Public Hearings - City Staff presented RS2022-47. Appointments by the Mayor - City Staff will present the recommended appointments. Presentations from Staff, Consultants & Invited Guests - Fire Fighters Local 671 Union will be in attendance with a contract update. Announcements - City Administrator Steve Crowell updated the City Council on audio /visual upgrades in the City Council Chambers. Mr. Crowell informed Councilmembers of the plan to install microphones in the ceiling. Once installed, there will no longer be microphones at each desk and the podium. The ceiling microphones will be active at all times. Mr. Crowell asked City Councilmembers if there were any objections to this plan. There were no objections. Presentations from the Gallery on Specific Bills or Resolutions - There are several citizens signed up to speak on bill 2022 -106 related to the TC3C subdivision. Consent Agenda - Councilmember Fitzwater requested items d. and i. be taken up individually for clarification and discussion. CITY COUNCIL “PRE-MEETING” WORK SESSION, MARCH 20, 2023 Bills Introduced - City Staff presented their introduced bills. Bills Pending - City Staff presented their pending bills. Informal Calendar - Councilmember Lester intends to take up bill 2022-106 for discussion and a vote. Resolutions - City Staff presented their resolutions. Closed Session - A closed session is scheduled for tonight. ADJOURNMENT The meeting adjourned at 5:56 P.M. 1 REGULAR COUNCIL MEETING, MARCH 20, 2023 CALL TO ORDER Mayor Carrie Tergin called the March 20, 2023 City Council meeting to order at 6:01 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Absent: None ADOPTION OF THE AGENDA Councilmember Ward motioned and Councilmember Lester seconded the motion to adopt the agenda. The motion passed unanimously by voice-vote. MISCELLANEOUS AGENDA ITEMS Mayor Tergin presented the Mayors Alliance on Childhood Hunger Proclamation to Stephanie Vollmer. Mayor Tergin presented the American Red Cross Month Proclamation to Pamela Protzman and Rebecca Gordon. Mayor Tergin presented the Cerebral Palsy Awareness Month Proclamation to Charlotte Bickel and her parents, Todd and Lesley Bickel. PUBLIC HEARINGS a. Adopting the 2023 Title VI Program for CAMPO and JEFFTRAN, Including Title VI Non-Discrimination, Limited English Proficiency, and Public Participation Plan. i. Associated Resolution RS2022-47 (Fitzwater) Staff: Katrina Williams RS2022-47 sponsored by Councilmember Fitzwater A RESOLUTION ADOPTING THE 2023 TITLE VI PROGRAM, INCLUDING LIMITED ENGLISH PROFICIENCY PLANS AND PUBLIC PARTICIPATION PLANS FOR JEFFTRAN AND CAMPO A Staff presentation was made by Katrina Williams, Senior Planner. There being no one to speak on the resolution, Mayor Tergin declared the evidentiary portion of the public hearing concluded . Councilmember Fitzwater motioned and Councilmember Ward seconded the motion to adopt the resolution. The motion passed by the following roll-call vote: 2 REGULAR COUNCIL MEETING, MARCH 20, 2023 Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None APPOINTMENTS BY THE MAYOR Human Resources Director Gail Strope presented the recommended appointments to the following boards and commissions: Board or Commission Recommended Appointment New Term Expires Term Full/Partial Airport Advisory Committee Jonathan Abbott* Mar 2027 Full Terry Rackers Mar 2027 Full Cultural Arts Commission Ken Hussey Mar 2026 Full Lori Simms Mar 2026 Full Natalie Eickhoff Mar 2026 Full Human Relations Commission JoDe Layton-Brinker Dec 2023 Partial *Requires 2/3 Majority Vote PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Josh Young and James Noah, representing Fire Fighters Local 671 Union expressed their frustration with the inability to reach a final agreement at this point, with City Staff on a new contract with the City. After a lengthy discussion between the Union, City Councilmembers and City Staff, it was decided a work session will be scheduled for March 27th at 5:30 P.M.to discuss the topic. Mayor Tergin will be out of town and attending the meeting virtually. Mayor Pro Temp Ron Fitzwater will preside the meeting. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Council committee announcements: • Committee on Administration – There was nothing to report at this time. • Finance Committee – There was nothing to report at this time. • Public Safety Committee – There was nothing to report at this time. • Public Works & Planning Committee –The next meeting is April 13th, 7:30 A.M. in Council Chambers. Mayor announcements: • A public meeting to showcase the results of the 2024-2025 CDBG Consolidated Plan survey is scheduled for March 22nd, 4:00 P.M. – 5:00 P.M. in Council Chambers. • Serve Jeff City and The MO Dept of Conservation is hosting “Plogging the Greenway” on April 22nd, 9:00 A.M. - 12:00 P.M. Plogging is the act of picking up litter while jogging or doing other outdoor activities. • A Community Bike Ride was held Sunday, March 19th. A Community Hike was held at Riverside Park on Sunday, March 12th. 3 REGULAR COUNCIL MEETING, MARCH 20, 2023 LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Octavia Ailsworth was unable to attend the meeting. Mayor Tergin announced the launch of the Helen Monroe Nursing Mentorship Program. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS The following spoke on bill 2022-106 related to the final subdivision plat of TC3C Subdivision: Kathleen Woodruff, Kimberly Woodruff, and Barbara Brandel spoke in favor of the bill. Jocelyn King, Jackie Coleman, Michael Hall, Diana Finnie, and James Figueroa-Robnett Jr. (NAACP Representative) spoke against the bill. Paul Sampson, Central Missouri Professional Services, represented the property owner and gave a brief presentation on the subdivision development plan. Councilmember Lester said he will take bill 2022-106 off the informal calendar later in the meeting. CONSENT AGENDA a. Minutes of City Council Meetings: March 6, 2023 b. Awarding Bus Advertising Services to Houck Transit Advertising c. Awarding Wastewater Odor Control Products Bid to Evoqua Water Technologies d. Authorizing $57,100 Contract Change Order #2 with Concrete Solution LLC to Conduct Additional Work on Adams St. Sidewalk 2022 Project e. Awarding Animal Shelter’s Veterinary Supplies Bid to Midwest Veterinary Supply and Zoetis f. Awarding $114,296 Bid to Feld Fire for Fire Hoses and Equipment g. Authorizing the Application for Missouri Department of Transportation, Traffic & Hwy Safety Division Impaired Driving Enforcement Grant in the Amount of $28,853.50 h. Authorizing the Application for Missouri Department of Transportation, Traffic & Hwy Safety Division HMV Enforcement Grant in the Amount of $33,948.18 i. Authorizing a $374,250 Contract Change Order #2 with Sam Gaines Construction for Concrete Street Repair Project j. Declaring Certain City-Owned Personal Property Surplus and Authorizes the Disposition by Sale through Auction -Police and Public Works Vehicles k. Declaring Certain City-Owned Personal Property Surplus and Authorizes the Disposition by Donation to Historic City of Jefferson – 415 Monroe St. l. Authorizing a Waiver of Fines and Fees on 1421 St. Mary’s Blvd., Subject to the Donation of the Property to Habitat for Humanity Councilmember Fitzwater requested taking up items d. and i. separately. 4 REGULAR COUNCIL MEETING, MARCH 20, 2023 Councilmember Lester motioned and Councilmember Ward seconded the motion to approve the above items, with the exception of items d. and i. on the Consent Agenda. The motion passed unanimously. Councilmember Fitzwater asked Public W orks Director Matt Morasch about the funding sources of items d. and i. Mr. Morasch indicated the funds were coming from Sales Tax G gleaning funds. The streets and sidewalk repair projects were listed as priorities under Sales Tax G. Councilmember Fitzwater requested a balance for the Sales Tax G fund broken down by allocated projects. Shiela Pearre, Director of Finance and I.T. said she would email the City Council with those numbers after she reviews the Sales Tax G spreadsheets. Councilmember Fitzwater motioned and Councilmember Lester seconded the motion to approve items d. and i. The motion passed unanimously. BILLS INTRODUCED 2022-112 sponsored by Councilmember Schreiber AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING UTILIZATION OF THE SOURCEWELL CONTRACT, 011822-JHK, WITH WHP TRAININGTOWERS™ OF GRANDVIEW, MO, FOR THE PURCHASE, DESIGN, AND INSTALLATION OF A 5-STORY TOWER AND A 2-STORY RESIDENTIAL/INDUSTRIAL FIRE TRAINING FACILITY AT 2304 HYDE PARK ROAD; APPROVING A CONTRACT WITH UDT, LLC, OF ROLLA, MO, TO DEMOLISH THE EXISTING BUILDING; ACCEPTING AN ADDITIONAL CONTRIBUTION OF $200,000 FROM COLE COUNTY ARPA FUNDS; AND APPROVING NECESSARY SUPPLEMENTAL APPROPRIATIONS FROM SALES TAX G GLEANING FUND. 2022-113 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022 - 2023 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE WASTEWATER ENTERPRISE FUND. 2022-114 sponsored by Councilmember Wiseman AN ORDINANCE AMENDING THE PURCHAING CODE RELATING TO ELECTRONIC TABLETS. 2022-115 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CONSULTANT CONTRACT WITH STRUCTURAL ENGINEERING ASSOCAITES, INC. AND AMENDING THE FISCAL YEAR 2022-2023 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARKING FUND. 5 REGULAR COUNCIL MEETING, MARCH 20, 2023 BILLS PENDING 2022-110 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022 - 2023 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY REALLOCATING FUNDS CURRENTLY APPROPRIATED FOR SALARIES IN THE GENERAL FUND TO VARIOUS PROJECTS AND BY MODIFYING PREVIOUSLY APPROPRIATED ARPA FUNDS TO REPLACE THE SALARY FUNDING WITHIN THE GENERAL FUND. Bill 2022-110 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16324. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-111 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO ADDITIONS TO CHAPTER 31 AND APPENDIX Y OF THE CITY CODE. Bill 2022-111 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16325. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None INFORMAL CALENDAR 2022-106 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF TC3C SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Councilmember Lester requested to remove bill 2022-106 from the informal calendar for discussion and a vote. There was no objection. Councilmember Lester motioned to amend the bill, adding the condition that the owner shall be required to expand the existing paved area radius of the Marshall St. cul-de-sac to meet the standards of the City Code. Councilmember Ward seconded the motion. Paul Sampson, Central Missouri Professional Services, representing the property owner, said he has a philosophic problem with the amendment requiring the property owner to pay for the modification, but didn’t want to hold up the project and approval of bill 2022- 106 because of this. Timothy Joseph, property owner, said he was ok with the amendment. 6 REGULAR COUNCIL MEETING, MARCH 20, 2023 The motion to amend the bill was unanimously approved by voice-vote. Amended bill 2022-106 was passed by the following roll-call vote as Ordinance 16326 Aye: Fitzwater, Kemna, Lester, Schreiber, Ward, and Wiseman Nay: Deeken, Hensley, Spencer, and Spicer RESOLUTIONS RS2022-47 Taken Up Under Public Hearings RS2022-48 sponsored by Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY TO APPROVE A RETAINER AGREEMENT Matt Morasch, Director of Public Works, presented the resolution. Councilmember Fitzwater motioned to adopt RS2022-48. Councilmember Wiseman seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None RS2022-49 sponsored by Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO APPLY FOR THE MISSOURI STATE TRANSIT ASSISTANCE GRANT Matt Morasch, Director of Public Works, presented the resolution. Councilmember Fitzwater motioned to adopt RS2022-49. Councilmember Kemna seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None RS2022-50 sponsored by Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY TO APPROVE A REAL ESTATE AGREEMENT WITH THE MISSOURI PRIMARY CARE ASSOCIATION AND THE MISSOURI BEHAVIORAL HEALTH COUNCIL FOR THE SALE OF 1.75 ACRES OF REAL ESTATE AT MSP City Attorney Ryan Moehlman presented the resolution. Councilmember Schreiber motioned to adopt RS2022-50. Councilmember Spencer seconded the motion. The motion passed by the following roll-call vote: 7 REGULAR COUNCIL MEETING, MARCH 20, 2023 Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations at this time. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS There was no new business at this time. UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilmember Wiseman, seconded by Councilmember Lester, and approved unanimously at 8:50 P.M. CLOSED SESSION Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, Mayor Tergin entertained a motion to go into Closed Session to discuss the following: i. Attorney Client Privilege [Sec. 610.021(1)] A motion was made by Councilmember Lester to go into Closed Session for the above- stated reasons, seconded by Councilmember Kemna and approved by the following roll - call vote at 8:51 P.M.: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 1 CITY COUNCIL WORK SESSION, MARCH 27, 2023 CALL TO ORDER Mayor Carrie Tergin joined the meeting via WebEx. Mayor Pro Tem Ron Fitzwater presided and called the March 27, 2023 City Council work session to order at 5:30 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman* Absent: None *Initially joined via WebEx. FIR FIGHTERS LOCAL UNION CONTRACT Mayor Pro Tem Fitzwater thanked union representatives, City Staff, and Councilmembers for attending the work session. This meeting was adjourned upon adjournment of closed session. CLOSED SESSION Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, Mayor Pro Tem Fitzwater entertained a motion to go into Closed Session to discuss the following: i. Attorney Client Privilege [Sec. 610.021(1)] ii. Preparations, Including any Discussion or Work Product, on Behalf of a Public Governmental Body or its Representatives for Negotiations with Employee Groups [Sec. 610.021(9)] iii. Negotiated Contracts [Sec. 610.021(12)] A motion was made by Councilmember Spencer to go into Closed Session for the above- stated reasons, seconded by Councilmember Schreiber and approved by the following roll-call vote at 5:37 P.M.: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item B SUBJECT: Bid IFB4106-Replacement Effluent Water Pump DATE CONSIDERED: April 3, 2023 Staff recommends award of the effluent replacement pump to Alliance Pump for $28 ,713.00 . This is the lowest bid that meets the specifications . This pump allows reuse of treated wastewater for processing of biosolids and irrigation . The e xisting pump is 21 years old , obsolete and at the end of its useful life . Replacement of this pump was approved in the FY2022-2023 Budget and is paid from the Wastewater Capital Fund . - FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB4106-Effluent Pump Publ ic Works, Wastewater, Opened February 7, 2023 RECOMMENDATION: Staff recommends the award of bid IFB4 1 06 to Alliance Pump of Independence, Missouri for the purchase of an effluent pump . T hi s bid was eval uated and awarded to the l owest and best bid. The lowest bid did not meet specifications. The cos t for the effl uent pump i s $28,713 .00 . BIDS RECEIV ED: A lli ance Pump, Independence, MO Hydro-Kinetics , StLouis, MO JCI Industries, J efferson City, MO Letts Van Kirk & Associates, Kansas City, MO RC Worst, Coeur d 'A lene, ID Technology International , Inc., Lake Mary, FL Wastewater Solutions, LLC , Boca Raton, FL Bid Amount $28,713.00 $5 1,586.50 $34,40 1.00 $48,150.74 $45,562.73 $45 ,150.00 $22,441.00 This bid was adverti sed in the News Tribune on 1/22/2023 and posted on Bonfire. B id notifications we r e sent to 66 vendors and there were 20 document takers. F ISCAL NOTE: Expended or Account Number Descr iption FY 2023 Budget Encumbered Bid Amount Balance Amount Purchase of Equipmen t 64-670-572020 -Wastewate r Fund s $273,730.00* $213,730.000 $28,713.00 $31,287.00 Bid Total $28,713.00 *Balance once Bill 2022-1 13 i s passed ATTACHMENTS -SUPPORTING DOCUMENTATION Bid Tabulation-IFB4106-Effluent Pump Opened 2/6/23 : .... w < Item Description: Effluent Water Pump as specified Vendor Bid Amount Allian ce Pump $28,713.00 Hydro-Kinetics $51,586.50 JCIIndustries $34,401.00 Letts Van Kirk & Associates $48,150.74 RC Worst $45,562.73 Te chnology International, In c. $45,150.00 WAS TE WATER SO LUTIONS LLC $22,44 1.00 Oil based pump, not water based. Did not meet specifications. From: Haenchen Clara To: Corrigan Leigh Ann; yaughan C@jg Cc: Seaman Eric Subject: RE: Effluent Pump Date: Monday, February 27, 2023 12:09:25 PM We would like to recommend Alliance to be awarded the bid. The low bid includes Oil Pot with dripper & connectors, also oil lube shaft & tube which neither are preferred. Thanks. From: Corrigan, Leigh Ann <LCorrigan@jeffersoncitymo.gov> Sent: Tuesday, February 7, 2023 1:40 PM To: Seaman, Eric <ESeaman@jeffersoncitymo.gov> Cc: Haenchen, Clara <CHaenchen@jeffersoncitymo.gov> Subject: Effluent Pump Eric, attached is the bid tabulation from today bid opening. You will be able to go to Bonfire to view their other documents. Let me know if you have any questions. Thanks. Leigh Ann Corrigan Purchasing Agent City of Jefferson 573-634-6325 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item C SUBJECT: Declaring Surplus and Approving the Sale of Real Estate Located at 1 007 Bellevue Ct. · DATE CONSIDERED: April3. 2023 / DEPARTMENTDIRECTOR(S):~~~_. ___ J·--~-~-~-~~-~-;~-7~J~~~~~~~~ Staff recommends declaring 1 007 Bellevue Ct as surplus and selling the property to the adjacent landowner for $7 ,923.56. The bordering property owners proposed the offer to the Department. The sale would save the Department time and resources for the up keep. The property was not currently being used by the Department. This has been approved by the Parks Commission on March 14, 2023 and follows City Code Sections 26A-56 and 26A-57. Excerpt of March 14. 2023 Parks & Recreation Commission Meeting: STAFF REPORTS-DIRECTOR'S REPORT 1. Agreement for the Sale of Real Estate-1007 Bellevue Court: Spalding indicated this property is a small undeveloped parcel of Washington Park, and that the home owners adjacent to the property are interested in purchasing it for $7,923.56. Commissioner Schantz made a motion to approve the sale of real estate at 1007 Bellevue Court in the amount of $7,923.56. The motion was seconded by Commissioner Schwartze. The motion passed with all voting in favor. CITY OF JEFFERSON AGREEMENT FOR THE SALE OF REAL ESTATE THIS AGREEMENT, entered into the date last signed by a party as indicated below, by and between Gary Spencer and Bonnie Tapper, located at !007 Bellevue Court, Jefferson City, Missouri 65109, referred to herein as the "Buyer", and the City of Jefferson, a municipal corporation, referred to herein as the "Seller''. IN CONSIDERATION of the mutual promises and covenants and obligations of the parties set out herein, the parties agree as follows: 1. Seller agrees to sell and convey to the Buyer and the Buyer agrees to purchaSe from the Seller, on the terms and conditions hereinafter set forth, the following described real estate (including all improvements located thereon) situated in the County of Cole, State of Missouri, to-wit: Lot 30, Block 2 in Section 1 of Panorama Hills, a subdivision in the City of Jefferson City, according to the plat thereof recorded in the office of the Recorder of Deeds for the County of Cole and State of Missouri on September 23, 1938, and now recorded in Plat Book 4 at pages 9 and 10. The aforesaid conveyance and transfer of property is subject, however, to any reservations, easements or restrictions of record and any zoning laws, regulations or ordinances affecting the said property, as will not materially interfere with such use of the property as the Buyer might reasonably expect to make in view of the general character of the area and neighborhood in which the property is located. 2. The price to be paid by the Buyer to the Seller for the above-described real property and improvements and personal property located thereon shall be Seven Thousand Nine Hundred and Twenty-Three Dollars and Fifty-Six Cents ($7 ,923 .56), which shall be remitted upon closing. 3. The sale under this Agreement shall be closed at the time and place as the parties may mutually agree within thirty (30) days of the date this Agreement is last signed by a party as indicated below. 4. Possession of the property shall be delivered to the Buyer at the time of closing. Seller shall exect,~te a Special Warranty Deed and deliver the same to the Buyer at Closing. The property shall be delivered as is and Seller make no representation or warranty regarding the condition of said property. 5. Closing shall occur at the offices of Cole County Abstract, 240 East High Street, Jefferson City, Missouri 65101, and Seller shall pay all closing costs, including title insurance, escrow fees, and recording fees. 6. It is understood and agreed that title herein required to be furnished is marketable title as set forth in Title Standard 4 of the Missouri Bar. It is also agreed that any encumbrance or defect in the title which is within the scope of any of the Title Standards of the Missouri Bar shall not constitute a valid objection on the part of the Buyer, provided the Seller furnish the affidavits, or other title papers, if any, described in the applicable standard. Page 1 of 2 IN WITNESS WHEREOF, the parties heret o have executed thi s agreement the day and yea r firs t above written and acknowledge rec eipt of one copy of the contract. [Signatures to Follow on Nex t Page ] BUYER arks C§Z mll;J P Date: tj,. Name : Date: ---- ATTEST: Name: Date: ---- Title: APPROV ED AS TO FORM: Page 2 of 2 a co 10 01 12.0004.003-010 &MEI 047 .114.99 PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-116 SPONSOR: Councilmember Lester SUBJECT: Rezoning Approximately 0.15 Acres Located in the 7000 Block of Partnership Parkway from M-2 General Industrial to PUD Planned Unit Development and Approval of a Preliminary and Final PUD Plan for a Pylon Sign. (Planning and Zoning Commission Case No . P23007 ) DATE INTRODUCED: April 3, 2023 PUBLIC HEARING: April17, 2023 DEPARTMENT DIRECTOR(S):_'S: __ S:.:_::>_~ __ (]JJ---___________ _ CITY ADMINISTRATOR: k · "C::::> I~ Staff Recommendation: Approve. // Summary: Standard ordinance approving a Zoning Map Amendment and Preliminary and Final PUD Plan . Origin of Request: Property owner, through the Planning and Zoning Commission. Department Responsible: Department of Planning and Protective Services. PERSON RESPONSIBLE: DAVID GRELLNER/Eric Barron Background Information: This bill would rezone a 0 .15 portion of property from M-2 General Industrial to PUD Planned Unit Development and approve a Preliminary and Final PUD Plan for a 53 foot tall Pylon Sign consisting of approx imately 800 square feet of signage area . The purpose of the sign is to allow for representation of multi ple businesses within the Algoa Industrial Park and to reinforce the Militia Drive interchange as the primary entrance into the Industrial Park. The primary tenant on the sign would be the Breaktime Truck Stop proposed for a Special Exception Permit that is taken up by separate resolution before the City Council. The proposed sign is larger than the 200 ma x imum square feet of sign area and taller than the 32 feet maximum height of City Code sign standards , Chapter 3 , Advertising and Signs , which can be justified by the visibility necessary for the sign location approximately 150 feet from the highway and the desire to allow for representation of multiple businesses on the sign. Please see the attached staff report for more information . Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for rezoning and a Preliminary and Final PUD Plan at their meeting on March 9, 2023. Both motions to recommend approval to the City Council PASSED on a vote of 8 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: No public comments received. Fiscal Information: $953.00 in application fees were received. Planning & Zoning Commission Recommendation: Approve. BILL NO. 2022-116 SPONSORED BY Councilmember Lester ORDINANCE NO. ______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , CHANGING, AMENDING , AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON BY REZONING 0.15 ACRES OF LAND LOCATED IN THE 7000 BLOCK OF PARTNERSHIP PARKWAY FROM M-2 GENERAL INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PRELIMINARY AND FINAL PUD PLAN. WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning and PUD Plans have in all matters been complied with . NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The following described real estate , being located in the City of Jefferson in Cole County , Missouri is rezoned from M-2 General Industrial to PUD Planned Unit Development: Part of Lot 4 and part of Lot 5 of Partnership Business Park Section 2, per plat of record in Plat Book 12, page 975 , Cole County Recorder's Office, being a subdivision of part of the Southwest Fractional Quarter of Section 19, Township 44 North , Range 10 West , part of the Northwest Quarter and part of the Northeast Quarter of Section 30 , Township 44 North , Range 10 West, in the City of Jefferson, Cole County , Missouri , more particularly described as follows : BEGINNING at the most southerly corner of Lot 4 of said Partnership Business Park Section 2, thence N31 °34 '52 "E, 75.00 feet; thence N58 °25'08 "W , 88.46 feet ; thence S31 °34 '52"W, 75.00 feet to a point on the southwesterly line of said Lot 4 , also being the northeasterly Right of Way line of U.S. Highway 50/63 ; thence S58 °25 '08 "E, along southwesterly line of said Lot 4 and the northeasterly Right of Way line of U.S. Highway 50/63 , 88.46 feet to POINT OF BEGINNING . Containing 0 .15 acre , more or less . Section ~-The Preliminary and Final PUD Plan Site Plan and Sign elevations , attached as Exhibit A, are hereby approved for the above refenced real estate . Section ~-This ordinance shall be in full force and effect from and after its passage and approval. Passed : __________________ _ Approved :---------- Presiding Officer Mayor Carrie Tergin ATTEST: City Clerk #JMM&YIJCJU"1BHFPG #JMM&YIJCJU"1BHFPG #JMM&YIJCJU"1BHFPG Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COMMISSION MEMBERS ABSENT Gregory Butler Hank Vogt Sara Michael, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. ATTENDANCE RECORD 8 of 8 8 of 8 7 of 8 7 of 8 6 of 8 7 of 8 7 of 8 1 of 3 2 of3 4 of8 7 of 8 1 of 2 David Grellner, Interim Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Guests: Paul Samson with Central Missouri Professional Services, Don Davis, John States, Jay Burchfield, Jocelyn King, Patsy Johnson, James Robinett, Jr, Gary Plummer, Ryan Schrimpf, Dorothy Jones, and Andy Fechtel. Case No. P23007 -7000 Block of Partnership Parkway, Rezoning from M-2 to PUD and Preliminary and Final Planned Unit Development (PUD) Plan. Request filed by JC Chamber 21st Century Land Investment, LLC, property owner, for rezoning of approximately 0.15 acres from M-2 General Industrial to PUD Planned Unit Development and a Preliminary and Final PUD Development Plan to permit a mult-tenant pylon sign. The property is located approximately 1200 feet east of the intersection of Militia Drive and Highway 50/63 and is described as part of Lot 4 and part of Lot 5 of Partnership Business Park Section 2, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the applicants are requesting 0.15 acres of the property to be rezoned from M-2 General Industrial to a PUD Planned Unit Development zoning designation and a Preliminary and Final PUD Plan for a multi-tenant sign. The total area of the sign is proposed to be 940 square feet with a height of 55 feet. Mr. Barron stated the sign would be taller and larger than what is permitted in the normal signage regulations under M-2, which is the reason for the proposed PUD zoning designation. Paul Samson with Central Missouri Professional Services (CMPS), representing property owner JC Chamber 21st Century Land Investment, LLC, presented the case. This case is directly linked to the previous case on Militia Drive. The proposed Breaktime is going to be located approximately Y4 mile off of the interchange, this advertising sign is a critical piece to bring awareness to the public on the location of the travel center. The land where the sign will be placed is owned by JC Chamber of Commerce, the Chamber has been involved in development of this industrial area for over 50 years. Several of the existing industrial tenants in the area have expressed an interest in having advertising presence on the new sign. Mr. Samson stated the Militia Drive interchange is the only good separated access to Algoa Industrial Park. The other access is on North Shamrock Road, a lot of issues have been caused by tractor trailers travelling North Shamrock after being directed that way by phone apps. This sign will make the travelling public aware that Militia Drive is the preferred location to enter the industrial park. JC Chamber and Mr. Burchfield are still discussing ownership of the sign. Currently, the sign is sitting on the lot line between two platted lots. If a development comes in on one of the two lots, a lot split can be held on an administrative level if needed in the future. Gary Plummer and Andy Fechtel with JC Chamber and James Robinett Jr spoke in favor of the request. Mr. Plummer assured the commission that the sign will be properly maintained. Ms. Bliss stated two elements were reviewed on this request, the rezoning criteria and the preliminary PUD plan. Staff looked at the impacts of the rezoning and impacts on the sign location. Staff recommends approval of both requests. Ms. Hawk moved and Mr. Robinett seconded a motion to recommend approval of the rezoning of 0.15 acre from M-2 General Industrial to PUD Planned Unit Development. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Ms. Young moved and Mr. Robinett seconded a motion to recommend approval of the Preliminary and Final PUD Plan for a freestanding, multi-tenant pylon sign. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Jefferson City Planning & Zoning Commission March 09, 2023 Case No. P23007 7000 Block of Partnership Parkway JC qhamber 21st Century Land Investment, LLC 1. Rezoning from M-2 General Industrial to PUD Planned Unit Development 2. Preliminary and Final PUD Plan City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P23007 7000 Block of Partnership Parkway Rezoning from M-2 to PUD and Preliminary and Final PUD Plan for a pylon sign 0 105 210 420 Feet -=-=:J-- City of Jefferson Planning and Zoning Commission VICINITY Case No. P23007 7000 Block of Partnership Parkway Rezoning from M-2 to PUD and Final and Preliminary PUD Plan for a pylon sign PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 09, 2023 Case No. P23007-7000 Block of Partnership Parkway, Rezoning from M-2 to PUD and Preliminary and Final Planned Unit Development (PUD) Plan. Request filed by JC Chamber 21st Century Land Investment, LLC, property owner, for rezoning of approximately 0.15 acres from M-2 General Industrial to PUD Planned Unit Development and a Preliminary and Final PUD Development Plan to permit a multi- tenant pylon sign. The property is located approximately 1200 feet east of the intersection of Militia Drive and Highway 50/63 and is described as part of Lot 4 and part of Lot 5 of Partnership Business Park Section 2, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request A rezoning has been requested for a 0. I 5 acre portion of property to change the current M-2 General Industrial zoning to a PUD Planned Unit Development zoning designation and a Preliminary and Final PUD Plan for a proposed freestanding multi-tenant sign. Review and Approval Process: In accordance with the City Code, rezoning and PUD Plan requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision. Zoning and Surrounding Land Use Current Zoning: M-2 Requested Zoning: PUD Surrounding Zoning North M-2 South RU East M-2 West RU Rezoning Analysis Current Use: Undeveloped Intended Use: Multi-tenant freestanding sign Surrounding Uses Industrial, Electric Company Agricultural, Undeveloped Undevelo_ped Agricultural, Undeveloped Below are sections concerning the request to rezone 0.15 acres from M-2 General Industrial to PUD Planned Unit Development. Staff Analysis Review criteria for rezoning per Section 74.8.4: Review Criteria Yes No Notes: The existing zoning was in error at the time of X The area has had many industrial uses for adoption. quite some time. The rezoning will be for a PUD designation for a proposed sign which would advertise industrial uses in the area. There has been a change in character in the area due X The rezoning request would support the to installation of public facilities, other zone expanding industrial park. changes, new growth trends, neighborhood deterioration, or development transitions. Review Criteria Yes No Notes: There is a community need for the proposed X rezoning. The proposed change is consistent with, and in X furtherance of, the implementation of the goals and policies of the comprehensive plan, other adopted plans, and the policies, intents and requirements of this ordinance and other City regulations and guidelines. The proposed zoning is compatible with the zoning X and uses of property nearby. Public and community facilities, which may include, X but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects. Authorized uses shall not adversely affect the X capacity or safety of the street network in the vicinity of the property. Potential environmental impacts (e.g., excessive X storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. There is an adequate supply of land available in the X subject area and the surrounding community to accommodate the zoning and community needs. Preliminary and Final PUD Plan The zoning change would offer flexibility in terms of providing signage for the industrial park. The purpose of the proposed rezoning is to display multiple industrial industries. The purpose of the rezoning is to serve the subject industrial area. Public facilities necessary to serve the use (pylon sign) should be minimal. Proper electrical installation and maintenance in accordance with all applicable electrical oriented codes and the similar is necessary. Likewise, receiving required and reasonable permits and similar documentation is necessary for the proposal. A traffic analysis is not required. The rezoning at the present with the proposed use and its design is anticipated to have a minimal affect on the street network capacity and safe_ty. Environmental impacts of the rezoning are expected to be low. The zoning change would consist of 0. I 5 acre. In all, the parcel is 2 I .5 I acres. Based on the proposed use and available land for expansion, there appears to be an adequate amount of land for the use and for possible future expansion. In addition to the rezoning, a Preliminary and Final Planned Unit Development (PUD} Plan for a freestanding, mult~-tenant sign. Visuals have been provided with the application materials. Below is an analysis of the PUD Plan, including details pertaining to the sign. Location: The proposed location for the pylon sign is in the southeast portion of the property near the exit ramp for Militia Drive. Sign Dimensions: The following are proposed dimensions of the sign. Total height from ground to top of sign is 55'. The base of the sign board is about 13' from the ground. The face of the sign has a height of 42' and width is 20'. The tenant panels are proposed to be 3' in height by 8' in width. The upper most panel containing the words "Partnership Parkway" is proposed to be 25' in width and 4' in height for an area of approximately I 00 square feet. The total area of the sign is approximately 940 square feet. The sign dimensions exceed City Code standards for freestanding signs located within M-1 Light Industrial zoning district. The City Code specifies a maximum sign height of 32' and maximum total square footage of 200'. Signage in excess of the maximum height and area my be justified due to the location of the sign (approximately 150 feet from the highway) and the multi-tenant nature of the sign. Sign Design: The sign will contain LED illumination. The Partnership Parkway header will have an aluminum backer. Flexface with printed graphics is the proposed specification for the BreakTime panel. Tenant panels are proposed to be comprised of polycarbonate with vinyl printed graphics. Rezoning and Preliminary and Final PUD Plan Recommendation -Staff Analysis Rezoning a 0.15 acre piece of property from M-2 to PUD and the proposed PUD Plan signage will enhance visibility and support the Algoa Industrial Park. The overall impact of the sign should be minimal. Staff recommends approval of the requested rezoning and Preliminary and Final PUD Plan. Form of Motion I. Motion to recommend approval of the rezoning of0.15 acre from M-2 General Industrial to PUD Planned Unit Development. 2. Motion to recommend approval of the Preliminary and Final PUD Plan for a freestanding, multi-tenant pylon sign. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street J efferson City, MO 65101 Phone: 573-634-6410 JCP/anning@jeffersoncitymo.gov www.jeffersoncitymo.gov APPLICATION FOR ZONING AMENDMENTS 1. The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code : ~Map Amendment OText Amendment (Include description of proposed text amendme nt) Property Address: Partnership Parkway 2 . Applications for Map amendments shall include a location map and legal description . 3. This petition requests to rezone the above described real estate from its present c lassification of M-2 district to _P_U_D ___ district. The purpose of this rezoning request is to: allow construction of a multi-tennant pylon sign. 4 . Filing fee: Map Amendment= $650. Text Amendment= $450. 5 . Required Findings: Applicant responses to the required findings shall be noted in Addendum A an d vary based on type of request. 6. The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. (All owners of this property must sign and the signatures must be notarized). (S 0./-. tr2~ c ~ 0 Property O~ignature Property Owner Signature For City Use Only: Application Filing Fee : Map Amendment= $650 ($450 + $200 Advertis ing Fee) Text Amendment= $450 ($250 + $200 Adverti sing Fee) (Revised July 1, 2018) Application Fili~ee Received : Cash (receipt# ___ ) 0 Ch eck (copy; check#. ______ _) Attachments : _U __ Addendum A O_Map D_Applicant/Proje ct Information Shee t Individuals should conlacllhe ADA Coordinator at (573) 634·6570 to request accommodations or a/lema live form als a s r equired under the Americans wi th Disabiliti es Act. Please allow three business days to process the request. Page 1 of 6 Jefferson City Zoning Amendment Application Addendum A-Review Criteria To be used to support zoning amendment requests. (Section 35-74.8.4) P rt Add Partnership Parkway rope y ress----------------------------------------------~--------------------------------------------------------------- ApplicantName JC Chamber 21st Century Land Investment, LLC Provide responses to the following required findings by selecting aU criteria that apply to your request State an reasons for your answer and use additional pages to complete your answer if necessary. A. The existing zoning was in error at the time of adoption. Explain. The existing zoning is not in error. The property has been zoned M-2 in order to support development of industrial sites. B. There has been a change in character in the area due to installation of public facilities. other zone changes. new growth trends. neighborhood deterioration. or development transitions. Explain the change and be specific on which public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions that effected the change. There is not a change in character of the area. The rezoning of a small tract of land to PUD is necessary to permit a multi-tenant pylon sign which will be constructed to advertise and provide way-finding for existing and future industries in the industrial park. C. There is a community need for the proposed rezoning. (i.) What will the proposed zoning be? PUD (ii.) Why does the community need this zoning? The PUD zoning is necessary to permit sign height and sign area variances which are necessary due to the number of potential tenants and the need for the sign to be visible prior to exit ramps. D. The proposed change Is consistent with. and in furtherance of. the implementation of the goals and policies of the Comprehensive Plan. other adopted plans. and the policies. intents and requirements of this Ordinance and other City regulations and guidelines. The proposed zoning change will permit the construction of a multi-tenant pylon sign which will help to advertise and provide way finding for existing and future industries within the industrial park. Page2of6 E. The proposed zoning is compatible with the zoning and uses of property nearby. Property North-M-2 Property East-M-2 Property South-RU Property West-M-2 F. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, ponce and fire protection. schools. parks and recreation facifities. roads. libraries. and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. Ust public and community facinties avaHable on the site. Electric service is the only public facility necessary for the proposed pylon sign. Electric service is available to the property and will be extended to the sign site. G. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects. (See Section 35-60. Traffic Impact Analysis regarding vehicle trip thresholds and traffic impact analysis requirements) A traffic impact analysis is not required for the construction of a pylon sign. H. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. (i.) Descnbe the proposed use. Multi-tenant pylon sign (ii.) Will the proposed use adversely affect the capacity or safety of the street network in the vicinity of the property? Why/Why nat? The proposed sign will have no impact to street capacity or safety. I. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting. or other environmental harms) of authorized uses shall be mitigated. Ust any potential environmental impacts and how they w/11 be mitigated. There will be no adverse impacts due to the construction of the pylon sign. J. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. There is adequate land to accommodate the proposed sign. K. Benefits shall be derived by the community or area proposed to be rezoned. Ust the benefits of the proposed rezoning. The proposed pylon sign will advertise and provide way finding for existing and future industries within the industrial park. Page 3 of6 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573·634·6410 JCPianning@jeffersoncitymo.gov WVIW.jeffersoncitymo.gov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) D Amendment to Final PUD Plan 0Concept PUD Plan 0 Preliminary PUD Plan 0 Final PUD Plan 0 Amendment to Final PUD Plan for Signage PUDProjectName: _P_Mm_e_~-·~PP_•-~-·~Y~~~~-n_s~~------------------------------------------------------ StreetAddress: ~P=·~==~~pP~·=~~Y ____________________________________________________________ ___ Legal Description: (as follows or Is attached) _Soo __ AJ_l.>Chcd ________________________________________________ _ 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 sectio ns 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, in cluding type, locations and dimensions of all proposed signs; g) Landscaping and Screening Plan; h) Lighting Plan, including pole h e ights, type of fixtures or luminaries, an d 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: JC Cllambct 21st Century Land 1nvcstmcn~ LLC Address 213 A~Wns st. JetJerson City, Mo 6s1o1 Phone Number(s }:._57_u __ l4_.JS"-1"-6 ________________________________________________________________ __ Applicant Name (if different from owner):--------------------------- Address.~~~~---------------------------------------------------------------------Phone Number(s}:. _________________________________ ___ Consultant Name: Paut samson. PE. CcJMI Missouri Professional SeM= Address: 2soo e. McCMy SL Jcrre<$00 City. Mo 6510 1 Phone Number(s}: _s7_~...:..:.....J.I.:....:.ss:...._ __________________________________________ _ The attached information accurately represents this proposed project G ~~~~ Property Owner .S(gnature Date Consultant Signature Printed Namemlle Date For Staff'{];; Only: Applicelion Filing Fee Received 9 Amount'--_ 6 __ -[]Check#, __ _ Atlachmenls: NanaliveO Site PlanO App/lcanVProjecllnformallon ShoeD Wotc other information submitted on back page Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative fonnats as required under the Americans with Disabiflties Act. Please allow three business days to process the request. Page 1 of7 '! , .. f ' f f • ! • • t J I ~ . • i l f ! r r 1 .. • ~ f r } ~ i i • t i l f !' J 5 ~ ( l l 1 { '! ~L l j " i ii J • ! s• i ~ ~ j I ~ i f ~:0 H ~ m " .z(/)~ i W Oli':-~~ Ei z G> (/) PRO POSED PYLO N S IGN JC CHAMBER 21sl CHfTU RY U.S. 50.'&3 & MilO lA DAIVE JEFFERSON COY, COlE COIMY, M,SSOUll , Centra l Uissouri Professiona l Services, Inc. """"""""' "'""""""' N4TI'li:U.U TC11.WC f =oo t. MtCAJtn th~)M ·f IIHD:Joft CJTT. w:::JDUkl CIIWDI tu•;•-b ~ ~t ~·-,_,._. ..... ~~~--~·~.x.s. City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 February 21, 2023 Dear Property Owner: 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 5:15 p.m. on Thursday, March 09, 2023 in the Council Chambers of the John G. Christy Municipal Building , 320 East McCarty Street to consider the following matters (see map on back): Case No. P23007-7000 Block of Partnership Parkway, Rezoning from M-2 to PUD and Preliminary and Final Planned Unit Development (PUD) Plan. Request filed by JC Chamber 21st Century Land Investment, LLC, property owner, for rezoning of approximately 0.15 acres from M-2 General Industrial to PUD Planned Unit Development and a Preliminary and Final PUD Development Plan to permit a mull- tenant pylon sign. The property is located approximately 1200 feet east of the intersection of Militia Drive and Highway 50/63 and is described as part of Lot 4 and part of Lot 5 of Partnership Business Park Section 2, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, 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 : JCPianning@jeffersoncitymo.gov fax : Dept. of Planning and Protective Services I Planning Division 573-634-6457 mail: Dept. of Planning and Protective Service s 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. on the day of the meeting will be included in 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 April 17, 2023 . 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: https://www .jeffersoncitymo .gov/governmenVpl ann ing/pla nn ing and zoning commission .php Please contact the Planning and Zoning Division via phone at 573.634.6573 with pertinent questions. Best Regards, 1¥ Kortney Bliss Planner 1 Individua ls should contact the ADA Coordinator a t (573) 634-6 570 to request accommodations or alternative formats a s required under the Americans with Disabilities Act. Please allow three business days to process the request. Pl ease call (573 ) 634-6410 with questions regarding age nda ite ms. Case No . P23007 7000 Block of Partnership Parkway Rezoning from M-2 to PUD and Preliminary and Final PUD Plan for a pylon sign 185 ft . Notification Buffer - LIBERTYRD r 0 200 400 800 1.200 1.600 ------Feet Jefferson City Planning and Zoning Commission Property Owner list Case No. P23007 7000 Block of Partnership Parkway BRENNER, DARRELL & KELLY %DARRELL BRENNER PO BOX 105912 JEFFERSON CITY, MO 65110 6919 BRENNER LN MO 65101 BRENNER, ROBERT R BRENNER, DARRELL G TRUSTEES 2926 COCHISE LN JEFFERSON CITY, MO 65101 HWY 50 E MO 65101 J C CHAMBER 21ST CENTURY LAND INVESTMENT LL C 213ADAMSST JEFFERSON CITY, MO 65101 165 MILITIA DR JEFFERSON CITY, MO 65101 THREE RIVERS ELECTRIC COOPERATIVE 1324 E MAIN ST LINN, MO 65051 7050 PARTNERSHIP PKWY JEFFERSON CITY, MO 65101 UNION ELECTRIC CO PROPERTY TAX DEPT PO BOX66149 MAIL CODE 212 STLOUIS, MO 63166-6149 PARTNERSHIP PKWY JEFFERSON CITY, MO 65101 VANDERFELTZ, LEONG DAIRY FARM LL C 26683 HWY D CALIFORNIA, MO 65018 3015 MILITIA DR MO 65101 02/23/23 PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-117 SPONSOR: Councilmember Lester SUBJECT: Approving a Preliminary PUD Plan for a 4-Piex Apartment. (Planning and Zoning Commission Case No. P23008) DATE INTRODUCED: April 3, 2023 PUBLIC HEARING: April17, 2023 DEPARTMENT DIRECTOR(S):_':si __ ~ __ -_.,f:..........::::~_____:. __________ _ CITY ADMINISTRATOR: ~ /~ Staff Recommendation: Approve.// Summary: Standard ordinance approving a Preliminary PUD Plan. Origin of Request: Property owner, through the Planning and Zoning Commission. Department Responsible: Department of Planning and Protective Services. PERSON RESPONSIBLE: DAVID GRELLNER/Eric Barron Background Information: This bill would approve a Preliminary PUD Plan for a 4-unit residential apartment building on 0.74 acres. The building would be 2 stories and have brick veneer and siding with asphalt shingles for the roof finish. Please see the attached staff report for more information. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for a Preliminary PUD Plan at their meeting on March 9, 2023. The motion to recommend approval to the City Council PASSED on a vote of 8 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 : No public comments received. Fiscal Information: $720.00 in application fees were received. Planning & Zoning Commission Recommendation: Approve. BILL NO. 2022 ~117 SPONSORED BY Councilmember Lester ORDINANCE NO . ______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3420 NORTH TEN MILE DRIVE . , WHEREAS, Schrimpf Brothers LLC, owners of the real estate hereinafter described, having submitted a Preliminary PUD Plan of said real estate described as follows : Lot No . 3, of an unrecorded survey of part of the Southeast Quarter of Section 4 , Township 44, Range 12 , in Cole County , Missouri , and more particularly described as follows : From the southeast corner of Section 4 , Township 44, Range 12 West; thence north 1 degree 30 minutes east. 42 .2 5 chains ; thence north 87 degrees 25 minutes west, 1469.79 feet to the POINT OF BEGINNING, which is the northeasterly corner of said Lot No . 3; thence from said POINT OF BEGINNING , south 2 degrees 19 minutes west , 312 .52 feet to the right-of-way line of the Ten Mile Drive, which is the southeasterly corner of said Lot No. 3; thence south 85 degrees 49 minutes west, 100.53 feet along the Ten Mile Drive to the southwesterly corner of said Lot 3 ; thence north 2 degrees 19 minutes east, 324.44 feet to the northwesterly corner of said Lot 3; thence south 87 degrees 25 minutes east, 100 feet to the POINT OF BEGINNING . Containing 0. 7 4 acres, more or less . WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning and PUD Plans have in all matters been complied with . NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1 . The Preliminary PUD Site Plan for a 4-Piex Apartment, attached as Exhibit A, is hereby approved for the above described real estate. Section ~. Requirements for elements such as future land uses , signage, and lighting of the property shall be limited to the specifications permitted by the RA-2 High Density Residential zoning district. Section~· This ordinance shall be in full force and effect from and after its passage and approval. Passed : ----------Approved: ________ _ Presiding Officer Mayor Carrie Tergin ATTEST: City Clerk APPROVED AS TO FORM : City A~ #JMM&YIJCJU" Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COMMISSION MEMBERS ABSENT Gregory Butler Hank Vogt Sara Michael, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. ATTENDANCE RECORD 8 of 8 8 of 8 7 of 8 7 of 8 6 of 8 7 of 8 7 of 8 1 of 3 2 of 3 4 of 8 7 of 8 1 of 2 David Grellner, Interim Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Guests: Paul Samson with Central Missouri Professional Services, Don Davis, John States, Jay Burchfield, Jocelyn King, Patsy Johnson, James Robinett, Jr, Gary Plummer, Ryan Schrimpf, Dorothy Jones, and Andy Fechtel. Case No. P23008 -3420 North Ten Mile Drive, Preliminary Planned Unit Development (PUD) Plan. Request filed by Schrimpf Brothers LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a single 4-plex residential building. The property is located 500 feet west of the intersection of North Ten Mile Drive and Constitution Drive and is described as part of the Southeast Quarter, Section 4, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the property is zoned PUD, applicants are requesting a preliminary PUD Plan to construct a two-story four-plex. The property is 0. 7 4 acres, the building will be 4,992 square feet, eight parking spaces are proposed with one space being ADA Compliant. Paul Samson with Central Missouri Professional Services (CMPS}, representing property owner, Schrimpf Brothers LLC, presented the case. Each unit in the four-plex will be approximately 1,248 square feet. This development matches several other duplexes and four-plex's already in the area. A new drive approach will be installed on North Ten Mile Drive. Adequate space was left and the building was offset in case the city decides to widen the roadway in the future. Stormwater inlets will route to the back side of the building. Ryan Schrimpf with Ryan Schrimpf Construction and Schrimpf Brothers, LLC, spoke regarding the request and plans for the property. Ms. Bliss advised building composition is looked at during review of the preliminary PUD Plan. The unit per acre ratio is 5.5, the exterior of the building is proposed to have brick veneer and siding with asphalt shingles for the roof. Due to the nature of the proposed development, a traffic analysis study is not required. Mr. Wade advised a new driveway will be proposed on North Ten Mile Drive, stormwater is directed to the rear portion of the property and includes stormwater quality treatment, sanitary sewer exists and will connect to the main. Sidewalks are not required for the project; no curbing exists on North Ten Mile Drive. A fire hydrant exists to the west of the property and a street light exist in the vicinity. Ms. Cotton moved and Ms. Quigg seconded a motion to recommend approval of the requested Preliminary PUD Plan for a single, two story 4-plex residential building with the following condition: a. Establish the RA-2 High Density Residential zoning district as the underlying zoning designation for the purpose of determining permitted uses, signage, and lighting. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Jefferson City Planning & Zoning Commission March 09, 2023 Case No. P23008 3420 North Ten Mile Drive Schrimpf Brothers LLC Preliminary PUD Plan City of Jefferson Planning & Zoning Commission LOCATION MAP • I Case No. P23008 o 2s so 100 Feet 3420 North Ten Mile Drive Preliminary PUD Plan for a 4 plex residential building City of Jefferson Planning and Zoning Commission VICINITY lr I I " t----'W-T-Rl:IM AN·BING--~----------= r--.----------.~,.---------11 < Case No. P23008 3420 North Ten Mile Drive ffi 1------, :E :1i < Preliminary PUD PLan for a 4 plex residential building 0 105 210 PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 09, 2023 Case No. P23008 -3420 North Ten Mile Drive, Preliminary Planned Unit Development (PUD) Plan. Request filed by Schrimpf Brothers LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a single 4-plex residential building. The property is located 500 feet west of the intersection ofNorth Ten Mile Drive and Constitution Drive and is described as part of the Southeast Quarter, Section 4, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request Requested is a Preliminary Planned Unit Development (PUD) Plan which proposes to place a residential 4-plex having two stories and a total floor area of 4992 square feet. A narrative and site plan describe the details of proposal including features such as parking, landscaping, and lighting. The subject property is zoned PUD and consists of0.74 acres. Review and Approval Process: Preliminary PUD Plan requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision. Zoning History No Board of Adjustment or Planning and Zoning Commission cases could be found on file for the subject property. In 2014, a single family residence on the property caught fire and was subsequently demolished. Zoning and Surrounding Land Use Current Zoning: PUD Current Use: Vacant Lot Intended Use: Multi-Family Residential Surrounding Zoning Surrounding Uses North RA-2 Senior Living Facility South C-1 Single Family Residential, Assisted Living Facility_ East RA-2 Single Family Residential, 6 unit aPMID!_ents West PUD Single Family Residential, 6 unit apartment Allowed Uses: Permitted uses for the PUD Planned Unit Development zoning district are dependent upon the approved PUD Plan. Thus, permitted uses vary. It is recommended that approved PUD Plans often include an underlying zoning district. Staff recommends an underlying zoning designation RA-2 High Density Residential. Preliminary PUD Plan Below is an analysis of the PUD Plan. Building Composition: The exterior of the building is proposed to measure 34.5' by 72.33 '. The height of the building is proposed to be about 26'. There would be 4 units, each having 1248 square feet for a total of 4992 square feet. The unit per acre ratio is 5.5. The exterior of the building is proposed to have brick veneer and siding with asphalt shingles for the roof finish. Landscaping: Two shade trees (unidentified species) with a 100% shade coverage of 1,260 square feet for each tree. Lighting: Lighting is proposed to be mounted to the building. Additionally, street lighting exists within the vicinity. Parking: To fulfil the parking requirements for the use as laid out in the Zoning Code (2 spaces per each unit}, the site is proposed to have a surface parking lot encompassing 8 parking spots with one parking space being ADA compliant. Sidewalk: Street frontage length does not warrant installation of sidewalk. Curb and gutter does not exist at the street. Traffic and Traffic Analysis: Daily average peak hour trips are anticipated to be on 3 trips. Due to the nature of the proposed development, a traffic analysis is not required and traffic impact is expected to be manageable by the existing street network. Utilities: Utility services are noted on the site plan. All alterations or additions to sanitary sewer, plumbing, electrical work, and etc. will need to meet City Code standards. Fire Safety: Discussion between the design team and the Fire Department will need to occur to ensure compliance with Fire Code is met. Preliminarv PUD Plan Recommendation -Staff Analysis The area consists of a mixture of both single family and multi-family uses. The proposed 4-plex should be compatible with the residential nature of the area. The proposal appears to be in alignment with the intent and standards of the Zoning Code. The final development phase will need to meet all other City Code requirements. Staff recommends approval of the Preliminary PUD Plan. Form of Motion I. Motion to recommend approval of the requested Preliminary PUD Plan for a single, two story 4-plex residential building with the following condition: a. Establish the RA-2 High Density Residential zoning district as the underlying zoning designation for the purpose of detennining pennitted uses, signage, and lighting. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, March 9, 2023, 5:15pm Item 6. -New Business/ Public Hearings Case No. P23008 -Preliminary PUD Site Plan for a Four ( 4) Plex Apartment Building, 3420 North Ten Mile Drive (PUD Zoning) ENGINEERING STAFF RECOMMENDATION- Recommend approval. Prelimlnarv PUD Site Pla11- Existing Infrastructure Summary • Public infrastructure exists in the vicinity. • Storm water facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • North Ten Mile Drive is an existing, thru roadway serving the northwest portion of Jefferson City. Improvements Summary Roadway Access • A proposed new driveway from North Ten Mile Drive will serve the development parking area for the new structure. The final plan should show a commercial style drive approach on North Ten Mile Drive instead of a low volume single residential driveway standard approach. Storm Water I Erosion Control • Storm water is directed to the rear portion of the property. The final plan will need to indicate collection of all drainage and direct to the northwest part of the property Storm water quality treatment will also need to be examined for the property with the final plan. • An erosion and sediment control plan will be needed as a part of final plan submittal. Sanitary Sewer • The proposed building will be served by a sanitary sewer main that exists across the property. Sidewalk • Sidewalk is not required for this project. No curbing exists along North Ten Mile Drive. Fire Hydrants I Street Lights/ Utilities • Facilities exist in the vicinity and are in accordance with City standards. • The building is proposed to be served by all necessary utilities. Review Status of Documents- • The preliminary PUD site plan has been reviewed and is generally in good order. • Minor technical review comments were sent back to the consultant for consideration, and have been addressed on the preliminary PUD plan. City of Jefferson · :-::.= r EIVt: D :~L-\.J I Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPianninq@jeffersoncitymo.gov JMI ... 0 2023 www.jeffersoncltymo.gov i L • :Tif\·:··I·J:";?, APPLICATION FOR PLANNED UNIT DEVELOPMENT {P.U.Q); ~:;·_·..-: .. ·-:i i !VIc:rs .. _..._;_,•. --·---· D Amendment to Final PUD Plan 0Concept PUD Plan [2]Preliminary PUD Plan 0 Final PUD Plan 0 Amendment to Final PUD Plan for Signage PUD Project Name: _P-'roposed'---•-.P_~o--'Aj>atlm'----••_t ___________________________ _ Street Address: 3420 NorlhTen ~lilo o.tve. Jelkr>On cuy.Mo6s to9 Legal Description: (as follows or is attached) Sdvimp!Brolhers LLC. Boot 726. page m. eo1c Co<a1l)' RcconWs otrce. Cole Counly.v.o. 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 Declaratio n 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 lnfonnation: Prope rty Owner: ScM1!pf~ LLc. (Ryan SclvYr4lfl Addres s 5621 TaMtrlltldgo Roaci.Jollerson Cily. Mo 65101 Phone Number(s):.;..57U'---90-'--te_;oo ________________________________ _ Applicant Name (if different from owner):-------------------------- Address __ ~~----------------------------------------------------Phone Number(s): _______________________________ _ Consultant Name: Cen1131 Missouri Proii!Uional sofllicn.~nc. Address: 2500 East IAcCII1y sno~ JolltBOn Cily. M06S101 Phone Number(s): _sT_~ ____ ss _____________________________________________________ _ The attached information accurately represents this proposed project ~ RyanSchlmpr I/2'7/Z3 Property Owner Sign atu re Printed NamefTitle Date c,~~ Consultant Signature \/2'7/'23 Printed NamefTitle Date ?o~i~Yu~~'G~;y; ·;~pii~uo~Fili~;Feek;~~7~!d' -""*E'"**l~~iinT '" ""m -escpte~rrMR '?9"M"rl' · Attachments: NenativeO Site PlanO Applicant/Project infom1ation SheeD "Note other infom1ation submitted on back page Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or allemative formats as required under the Americans with Disabililies Act. Please allow three business days to process the request. Page 1 of7 PRELIMINARY PUD PLAN NARRATIVE 3420 NORTH TEN MILE DRIVE CMPS JOB# 22-124 January 25,2023 a) This project proposes to build one, two story 4-plex unit on an existing Tract. The Tract is 3420 North Ten Mile Drive and is currently zoned as PUD. The lot is 0. 73 acres. The exterior dimensions of the building will be approximately 34.5 feet x 72.33 feet. The approximate total floor area will be 4992 sq. ft., being 1248 sq. ft. per unit. 8 parking spaces will be provided by a surfaced parking lot in front of the building. The exterior of the building will be brick veneer and siding. The roof finish will be asphalt shingles. No Right-of-way exists or is proposed to be dedicated at this time. An "Application for Deferral of Sidewalk Requirement" will be submitted. b) A Preliminary site plan is attached for the review process. c) There is no Subdivision Plat or Declaration of Condominium Association. d) No covenants and restrictions proposed at this time. e) Due to the size of the development, a site-specific traffic impact study is not required per Sec. 35-60. f) There is no signage planned for the project. g) Two Shade Trees are planned for the landscaping plan. h) Lighting is anticipated to be building mounted residential lighting. Street lighting exists along North Ten Mile Drive. i) Filing fees are attached. 8 runossrw 'JJ.Nnoo :noo ·.wo NOSH3:f:Br 3111110 3llW N3! HUlON m£ ~11 SH3H!OH8 :ldWIHHOS lN3Wl~Vd'o' X31d-t 03SOdO~d ' ' \ \ : ' : ' City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E. McCarty St. J efferson City, MO 65101 February 23, 2023 Dear Property Owner: 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 5:15 p.m. on Thursday, March 09, 2023 in the Council Chambers of the John G. Christy Municipal Building, 320 Ea st McCarty Street to consider the following matters (see map on back): Case No. P23008-3420 North Ten Mile Drive, Preliminary Planned Unit Development (PUD) Plan. Request filed by Schrimpf Brothers LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a sing le 4-plex residentia l building. Th e property is located 500 feet west of the intersection of North Ten Mile Drive and Constitution Drive and is descr ibed as part of the Southeast Quarter, Section 4, Township 44 North, Range 12 West, in the City of Jefferson, Cole Coun ty, Missouri. (Central Missouri Professional Services, Consultant). As a nearby landowner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unable to re co rd comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways : e-mail: JCPiann ing@jeffersoncitym o.gov fax : De pt. 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 reco rd and copied and distributed to Commission me mb ers 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 . on the day of the meeting will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members . For your informati on, this case is tentatively scheduled for a public hearing in front of the City Council on Ap ril 17, 2023. 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: httos://www .jeffersoncitymo.govlgovernmentlplanninglpla nning and zoning commission.php Please contact th e Planning and Zoning Division via phone at 573.634.6573 with pertinent questions . Kortney Bliss Planner 1 Individuals should contact the ADA Coordina to r at (573) 634-6570 to request accommodations or alterna tive for m a ts as required under the America ns with Di sabiliti es Act. Plea se allow three bus iness days to process the request. Please ca ll (573) 634-6410 wi th questions regarding agenda ite ms. Case No. P23008 3420 North Ten Mile Drive Preliminary PUD Plan for a 4 Plex Residential Building 0 a:: :.:: w w a:: () w <.? 0 cr m ------ 0 so 100 200 300 ~ 185 ft. Notification Buffer ------Feet \\\ \ Jefferson City Planning and Zoning Commission Property Owner list Case No. P23008 3420 North Ten Mile Drive CHAPEL HILL COMMONS Ill L P 221 BOLIVAR ST STE400 JEFFERSON CITY, MO 65101 3425 CHAPEL HILL RD MO 65109 GOOD EARTH PROPERTIES L L C POBOX 102 JEFFERSON CITY, MO 65102 3428 N TEN MILE DR MO 65109 HOLT APARTMENTS INC 1800 COMMUNITY DR CLINTON, MO 64735 3415 N TEN MILE DR MO 65109 J D M DEVELOPMENT L L C PO BOX945 JEFFERSON CITY, MO 65102 120 CONSTITUTION DR MO 65109 JEFFERSON CITY RESIDENTIAL L L C 3310 BLUFF CREEK DR STE 106 COLUMBIA, MO 65201 3409 N TEN MILE DR MO 65109 LEGACY LANDSCAPING L LC 411 SCHELLRIDGE RD JEFFERSON CITY, MO 65109 3412 N TEN MILE DR MO 65109 LUTE, JEFFREY D & TRACY L 9104 W LOHMAN RD LOHMAN, MO 65053 3427 N TEN MILE DR MO 65109 MEYER, GARYT & CAROLS 3416 N TEN MILE DR JEFFERSON CITY, MO 65109 3416 N TEN MILE DR MO 65109 PULLIAM, SUSAN D TRUSTEE 238 MADELINES PARK CIR JEFFERSON CITY, MO 65109 238 MADELINES PARK CIR MO 65109 SCHNOEBELEN, LOUIS & AMY 242 MADELINES PARK CIR JEFFERSON CITY, MO 65109 242 MADELINES PARK CIR MO 65109 SCHRIMPF BROTHERS L L C 1001 MADISON ST JEFFERSON CITY, MO 65101 3420 N TEN MILE DR MO 65109 STEINMEYER, JOHN D & KATHERINE S TRUSTEE 234 MADELINES PARK CIR JEFFERSON CITY, MO 65109 234 MADELINES PARK CIR MO 65109 WILDING, HAROLD A & PATRICIA A 3424 N TEN MILE DR JEFFERSON CITY, MO 65109 · 3424 N TEN MILE DR MO 65109 02/23/23 PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-118 SPONSOR: Councilmember Lester SUBJECT: Approving of a Preliminary PUD Plan for Two Office/Warehouse Buildings (Planning and Zoning Commission Case No. P23009) DATE INTRODUCED: April 3, 2023 PUBLIC HEARING: April17, 2023 DEPARTMENT DIRECTOR(S): ~ u_ CITY ADMINISTRATOR: ~ i~ Staff Recommendation: Approve . Summary: Standard ordinance approving a Preliminary PUD Plan . Origin of Request: Property owner, through the Planning and Zoning Commission . Department Responsible: Department of Planning and Protective Services. PERSON RESPONSIBLE: DAVID GRELLNER/Eric Barron Background Information: This bill would approve a Preliminary PUD Plan for two Office/Warehouse buildings on two separate lots located on Schotthill Woods Court. The buildings would each be a two-story office with attached warehouse, with exterior finish consisting of brick , EIFS , and metal wall panel. Building floor area square footages would be 21 ,900 and 17,400 square foot respectively. Construction of the buildings would be in phases, with the larger building adjacent to Schotthill Woods Drive constructed first and the rear building occurring at a future date . Please see the attached Case P23009 Packet materials for more information . Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for a Preliminary PUD Plan at their meeting on March 9 , 2023. The motion to recommend approval to the City Council PASSED on a vote of 8 in favor and 0 against. Public Notice: Standard public notice procedures were followed in advance ofthe 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 : No public comments received . Fiscal Information: $768.60 in application fees were received . Planning & Zoning Commission Recommendation: Approve. BILL NO . 2022-118 SPONSORED BY Councilmember Lester ORDINANCE NO. ______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 901 SCHOTTHILL WOODS COURT. WHEREAS, the Stinger Group LLC , owners of the real estate hereinafter described , having submitted a Preliminary PUD Plan of said real estate described as follows : Lots Nos. 97 & 98, Schotthill Woods Subdivision, Section 4 , in the City of Jefferson, Cole County , Missouri. Containing 3.43 acres , more or less . WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning and PUD Plans have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The Preliminary PUD Site Plan and Building Elevations , attached as Exhibit A , are hereby approved for the above described real estate . Section .f.. Requirements for elements such as future land uses , signage , and lighting of the property shall be limited to the specifications permitted by the C-2 General Commercial zoning district. Section~-This ordinance shall be in full force and effect from and after its passage and approval. Passed : -----------------Approved: ______________ __ Presiding Officer Mayor Carr ie Tergin ATTEST : APPROVED AS TO FORM : City Clerk c~ #JMM&YIJCJU"1BHFPG #JMM&YIJCJU"1BHFPG Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COMMISSION MEMBERS ABSENT Gregory Butler Hank Vogt Sara Michael, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. ATTENDANCE RECORD 8 of 8 8 of 8 7 of 8 7 of 8 6 of 8 7 of 8 7 of 8 1 of 3 2 of 3 4 of8 7 of 8 1 of 2 David Grellner, Interim Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Guests: Paul Samson with Central Missouri Professional Services, Don Davis, John States, Jay Burchfield, Jocelyn King, Patsy Johnson, James Robinett, Jr, Gary Plummer, Ryan Schrimpf, Dorothy Jones, and Andy Fechtel. Case No. P23009 -901 Schotthill Woods Court, Preliminary Planned Unit Development (PUD) Plan. Request filed by Stringer Group, LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a 10,350 square foot warehouse and 3,300 square foot office building. The property is located 1 ,000 feet east of the intersection of Schotthill Woods Court and Eastland Drive and is described as Lots Nos. 97 & 98, Schotthill Woods Subdivision, Section 4, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the property is currently zoned PUD and consists of two lots on 3.43 acres. The applicant plans to construct a 10,350 square foot warehouse and a 3,300 square foot office building. Paul Samson with Central Missouri Professional Services (CMPS), representing property owner, Stringer Group LLC, presented the case. The owner plans to build a commercial business, Aire Serv, on the northern lot. There are no specific plans for the southern lot at this time. All existing utilities are on site. Mr. Samson advised there is a strip of ground that includes a pipeline that will serve as a permanent buffer between the development and the adjacent properties to the south. Ms. Bliss stated building design and building placement on the site were reviewed. The site plan notes they will meet the landscaping requirement of 35°/o and the parking requirement. Mr. Wade advised there is an existing sidewalk that runs along Schotthill Woods Drive, no sidewalk is required to be added on Schotthill Woods Court. Street lights and fire hydrants are existing in the area. Ms. Cotton moved and Ms. Hawk seconded a motion to recommend approval of the requested Preliminary PUD Plan with the following condition: a. Establish the C-2 General Commercial zoning district as the underlying zoning designation for the purpose of determining uses, lighting, and signage. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Jefferson City Planning & Zoning Commission March 09, 2023 Case No. P23009 901 Schotthill Woods Court Stringer Group, LLC Preliminary PUD Plan City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P23009 0 40 80 901 Schotthill Woods Court Preliminary PUD Plan for warehouse and office space . ' City of Jefferson Planning and Zoning Commission VICINITY Case No. P23009 901 Schotthill Woods Court Preliminary PUD Plan for offices with warehouse spaces/contractor trade shop 0 210 420 P~GSTAFFREPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 09, 2023 Case No. P23009-901 Schotthilll Woods Court, Preliminary Planned Unit Development (PUD) Plan. Request filed by Stringer Group, LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a I 0,350 square foot warehouse and 3,300 square foot office building. The property is located I ,000 feet east of the intersection of Schotthill Woods Court and Eastland Drive and is described as Lots Nos. 97 & 98, Schotthill Woods Subdivision, Section 4, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request Requested is for a Preliminary Planned Unit Development (PUD) Plan which consists of2 buildings having office with attached warehouse spaces defined by the Zoning Code as a "Contractor Trade Shop". There are two lots involved as a part of the PUD Plan, Lot 98 and Lot 97 of the Schotthill Woods Subdivision. The subject property is zoned PUD and consists of3.43 acres. Review and Approval Process: Preliminary PUD Plan requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision. Zoning History A number of Planning and Zoning Commission cases were found, primarily cases involving phases of the Schotthill Woods Subdivision platting process. 1982 involved the platting of Section I, 1983 was the platting of Section 2, then 1994 was the platting of Section 3.and 2003 was when a case occurred for the platting of Section 4. In 1997, a case including the subject property was heard for a Preliminary PUD Plan for a proposed bowling alley. Zoning and Surrounding Land Use Current Zoning: PUD Current Use: Vacant Lots Intended Use: Office and Warehouse I Contractor Trade Shop Surrounding Zoning Surrounding Uses North PUD Office, Undeveloped South PUD Vacant Land, Single Family Residential East PUD Newspaper Printing Facility West PUD Restaurant Allowed Uses: Permitted uses for the PUD Planned Unit Development zoning district are dependent upon the approved PUD Plan. Thus, permitted uses vary. It is recommended that approved PUD Plans often include an underlying zoning district. Staff recommends an underlying zoning designation of C-2 General Commercial. Preliminary PUD Plan Below is an analysis of the PUD Plan. Building Composition: Both lots are proposed to have an office with attached warehouse spaces. A 21 ,906 square foot building is proposed for Lot 98 and a 17,400 square foot building is proposed for Lot 97. The maximum height will be 24' located where the office is and 32' maximum for the parapet walls. The exterior is proposed to be composed of brick, EIFS, and/or architectural metal wall panel. The floor area ratio or FAR for Lot 98 is 0.32 and the FAR for Lot 97 is 0.17. Dumpster Enclosure: Dumpsters with enclosure are shown on both lots. Final details are to be provided in the Final PUD Plan. Bufferyard: No bufferyard is proposed and the property is adjacent to either commercial or office uses or vacant land. Landscaping: The site plan notes that landscaping will conform to the Zoning Code and meet the minimum coverage of35% in the parking area. More details regarding landscaping should be outlined in the Final PUD Plan. Lighting: Lighting is proposed to meet standards of the C-2 zoning district. Parking: To fulfil the parking requirements for the use as laid out in the Zoning Code (1 space per each 300 square feet of gross floor area for offices and I space per 5,000 square feet or at least a 5 space minimum for warehouses), Lot 98 is proposed to have a total of 44 spaces, including I space which is ADA compliant whereas Lot 97 is proposed to have 27 spaces with 1 space being ADA compliant Sidewalk: No sidewalk additions or alterations are proposed along the streets. Sidewalk does exist along Schotthill Woods Drive on the north side of Lot 98. Signage: The site plan notes that signage will comply with the City Code standards for the C-2 General Commercial zoning. Signage specifications are to be detailed in final plan(s) according to the site plan notes. Traffic and Traffic A traffic analysis is not required and traffic impact is expected to be manageable by the existing street network. Stormwater Management: Stormwater is proposed to be taken in by a drainage system to be directed into a stormwater basin. The storm water basins are shown in the southeast portion of the lots. Utilities: Utility services are noted on the site plan. Fire Safety: Two fire hydrants are near the lots with one along the cul-de-sac and one across the street from Lot 98 on the northern side of the lot. Preliminary PUD Plan Recommendation -Staff Analysis The area consists of a variety of commercial uses. The proposed offices with attached warehouse space should be compatible with the commercial operations in the area. The proposal appears to be in alignment with the intent and standards of the Zoning Code. A final development plan will be reviewed to observe compliance with all City Code requirements. Staff recommends approval of the Preliminary PUD Plan. Form of Motion I. Motion to recommend approval of the requested Preliminary PUD Plan with the following condition: a. Establish the C-2 General Commercial zoning district as the underlying zoning designation for the purpose of determining permitted uses, lighting, and signage. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, March 9, 2022, 5:15pm Item 6. -New Business/Public Hearings Case No. Pl3009-Preliminary PUD Site Plan, 901 Schotthill Woods Court (PUD Zoning) ENGINEERING STAFF RECOMMENDATION- Recommend approval. Prelin1i11arv PUD Site Pla11- Existing Infrastructure Summarv • Public infrastructure exists in the vicinity. • Storm water drainage facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • Schotthill Woods Drive serves the main commercial area of the east end of Jefferson City. • Sidewalk exists along Schotthill Woods Drive. Improvements Summarv No public improvements are proposed with this infill development Preli111illarv PUD Site Pla11- Roadway Access- • New driveways will access Schotthill Woods Drive and Schotthill Woods Court. Storm Water I Erosion Control • Storm water detention/ storm water quality is required for the site, is shown/ being provided. • All drainage facilities proposed will be considered private. • Erosion/ sediment control plans will be needed for site development during final plan submittal. Sanitarv Sewer • This development is served by an existing sanitary sewer main that traverses the site. Sidewalk • A sidewalk exists along the frontage ofSchotthill Woods Drive. It is not required along Schotthill Woods Court. Fire Hydrants I Street Lights/ Utilities • The building is proposed to be served by all necessary utilities. • Street lights and fire hydrants exist in accordance with City requirements in this area. Review Status of Documents- • The preliminary PUD site plan has been reviewed and is generally in good order. City of J efferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCP/anninq@jeffersoncitymo.qov www.jeffersoncitymo.gov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) 0Concept PUD Plan 0 Preliminary PUD Plan 0 Final PUD Pian 0 Amendment to Final PUD Plan 0Amendment to Final PUD Plan for Signage PUD Project Name: _~J<c_Sc:tv _____________________________ _ Street Address: eo 1 Shothll i'Jcod• co:.n ---------------------------------- Legal Descri ption: (as follows or is attached) Lots 97& 9& o1 Sdloahll wcx::c~s Scaion 4, per Rot Bock 12. pogo 338 Pleas e attach or include the following: a) Typed project narrative describing th e type and character of th e development, inc luding 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 Sec ti on 3 5-51; and other information requ ire d by Se ction 35-7 4 o r appllcable sections of the Zoning Code. Th e proj ect title and location must be included upon every page. Number all pa ges and attachments. b) Site Plan ancl/or Development Plan, as applicable. c) Preliminary or Final Subdivision Plat or Declaration of Condominium As socia ti on, as applicable; d) Draft of Covenants, Conditions and Restrictions, as applicable; e) Traffic impact analysis, if require d by Se ction 3 5-60; f) Signa ge Plan, including type, locations and dimensions of all propo se d signs; g) Landscaping and Screening Plan; h) Lighti ng Plan, including pole heights , type of fi xtures or luminaries, and f oot candles; i) Project Phasing P lan (if applica ble) j) Applica tion Filing Fee = $500 + $200 adverti si ng fe e+ $20 per acre+ $250 rezoning fee (if applicable) (R evise d July 1 , 2 01 B) Application Information: Prop erty Owner: Slinger Ctoup. u.c CTra.is Radcnl Address 2s21 E.ll.cCartySL Jdlerscna.y. Mo 65101 Phone Numb e r(s):_s,_l-4_1_~_1e ______________________________ _ Appli ca nt Name (if different from owner):------------------------- Address_~~~---------------------------------Phon e Number(s):. ________________________________ _ Consulta nt Name: Central t.Gssourf Prolesslonal Sc:Mccs (Pout Samson. PEl Address: 2soo e. Mccarty SL Jettononety. MO as1o1 Phone Numb e ~s ):~~~J~~~~~~------------------------------------------------------------ The attached information accurately represents this proposed project -z:;;~/kj,-( _) '702,r;~ lla r-:k rv ~g= Printed Namemtle ~ t{J t s" ""'s"'i1/ -c MP.5 2jo/c.3 Con sulta nt Sign atu re Printed Nam e!Tl Ue Date For Sra " Use Only: Application Filing Fee Received Amount Gheck #:...__ __ Attachmen ts: NarrativeO Site PlanO ApplicanVProject Information Shee D Wote o/her information submitted on bade page lndlvidu al6 6hould con tact the ADA Coordi nator at (573) 634-6570 to reques t accommodations or alternative fonnats as required unde r the Ame rican s with Dlsabnilies Ad. Please a llow three business days to process the request Page 1 of 7 c:::==W -==:--= lln-lft Cr;i IOI'l9 JIUID:iSIII ·,uu IIOSII1Ullt -·tn(;l\) ..UIIY>OR :II~ :lJCUSII, mlllli.Yll -:IICLCI.&XIIX -!llllltQJCmll3 'OUf 'S3:t!AJas (UUOl§aJOJd J.IROSSJ11 (UJlUaJ I l l 1 i I I I I I _______ I i 0-- ( I ! r .._; G-- e---~--- 1 t. -~ 61 ~-·, _-=::; r ' I' I Q ~ -.. -, j 0 ·-- AI::I3S 31::11\f i 0 ~ f I I I I 8---,---! . I I e---f--r 1 f I 1 I ' I ) I 0-------t 0 ~ ! TI &--\ i. l. r 1 1, ®=}-H-~~ t-- 1 -~---=r I I •J I ~ I I -i ·-jtr i ~ ·-r --~--... ~ . . t ~ ~ City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E. McCarty St. J efferson City, MO 65101 February 21, 2023 Dear Property Owner: 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, March 09, 2023 in the Council Chambers of the John G. Christy Municipal Building , 320 East McCarty Street to consider the following matters (see map on back): Case No. P23009-901 Schotthilll Woods Court, Preliminary Planned Unit Development (PUD) Plan. Request filed by Stringer Group, LLC , property owner, for a Preliminary PUD D evelopment Plan to permit construction of a 10,350 square foot warehouse and 3,300 square foot office building. The property is located 1,000 feet east of the intersection of Schotthill W oods Court and Ea stla nd Drive and is described as Lots Nos . 97 & 98, Schotthill Woods Subdivision, Section 4, in the City of Jefferson , Cole County, Missouri. (Central Missouri Professional Services, 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: JCPianning@jeffersoncitymo.gov fax: Dept. of Planning a nd 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 Jeffers on 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 com ments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. on the day of the meeting will be included in 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 tentative ly scheduled for a public hearing in front of the City Council on April 17, 2023. 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: ht tps://www .jeffe rson citym o.qo v/govern menUp la nn inq/planni nq and zoning com miss ion.php Please contact the Planning and Zoning Division via phone at 573.634.6573 with pertinent questions. Best Regards, ~ Kortney Bliss Planne r 1 Individuals s hould contact the ADA Coordinator at (573) 634 -6570 to reques t accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three bus iness days to process the request. Please call (573) 634-6410 with question s regarding ag enda it e ms. Case No. P23009 901 Schotthill Woods Court Prelim inary PUD Plan for offfice and 185 ft. Notification Buffer warehouse space I contractor trade shop 1- (/) :E ...1 w w I I DEER TRL 0 80 160 320 480 640 ------Foot \ Jefferson City Planning and Zoning Commission Property Owner list case No. P23009 901 Schotthill Woods Court 02/23/23 BACON, GEORGE & MARY 2031 DEER TRL JEFFERSON CITY, MO 65101 2031 DEER TRL MO 65101 BUTLER, MARTHA J 2037 DEER TRL JEFFERSON CITY, MO 65101 2037 DEER TRL MO 65101 CALL, SCOTT L 2049 DEER TRL JEFFERSON CITY, MO 65101 2049 DEER TRL MO 65101 CENTRAL MISSOURI NEWSPAPERS INC PO BOX420 JEFFERSON CITY, MO 65102 2130 SCHOTTHILL WOODS DR MO 65101 COUNTY EMPLOYEES RETIREMENT FUND 2121 SCHOTTHILL WOODS DR JEFFERSON CITY, MO 65101 2121 SCHOTTHILL WOODS DR MO 65101 COX, JOSEPH M & WEBSTER COX, HELEN M 2053 DEER TRL JEFFERSON CITY, MO 65101 2053 DEER TRL MO 65101 DILLON REAL ESTATE CO INC #118 ATTN: PROPERTYTAX 1014 VINE ST7TH FLOOR CINCINNATI, OH 45202 2101 SCHOTTHILL WOODS DR MO 65101 DOLGENCORP INC % DOLLAR GENERAL #1433 100 MISSION RIDGE GOODLETTSVILLE, TN 37072 2114 SCHOTTHILL WOODS DR MO 65101 JOHNSON, JEREMY WAYNE & ·JACKIE MARIE 2041 DEER TRL JEFFERSON CITY, MO 65101 2041 DEER TRL MO 65101 MANKIN, KURT & LISA TRUSTEES 2120 DEER TRL JEFFERSON CITY, MO 65101 2118 SCHOTTHILL WOODS DR MO 65101 PARRIS, KATHLEEN J TRUSTEE 2021 DEER TRL JEFFERSON CITY, MO 65101 2021 DEER TRL MO 65101 RAMELB, TAMI L 2045 DEER TRL JEFFERSON CITY, MO 65101 2045 DEER TRL MO 65101 SIMPLY BEAUTIFUL SALON & SPA L L C 3861 HWY 8 BLAND, MO 65014 2113 SCHOTTHILL WOODS DR MO 65101 STINGER GROUP LL C 2521 E MCCARTY ST JEFFERSON CITY, MO 65101 905 SCHOTTHILL WOODS CT MO 65101 VETTER, LOUIS H & NAOMI J TRUSTEES 1801 E MCCARTY ST JEFFERSON CITY, MO 65101 SCHOTTHILL WOODS DR MO 65101 BILL SUMMARY BILL NO: 2022-119 SPONSOR: Councilmember Fitzwater , SUBJECT: Development Agreement for 413 and 419 E . Capitol Ave. DATE INTRODUCED: April 3, 2023 DEPARTMENT DIRECTOR: CITY ADMINISTRATOR: Staff Recommendation: Accept. Summary : This bill would authorize the Mayor and City Clerk to execute Development Agreements with GKS Management LLC for the redevelopment of 413 and 419 E . Capitol Ave. Origin of Request: City Council Department Responsible: Law Department PERSON RESPONSIBLE: RYAN MOEHLMAN, City Attorney Background Information: This bill would authorize the execution of two Development Agreements with GKS Management LLC for the redevelopment of 413 E . Capitol Ave . and 419 E . Capitol Ave . The City acquired these properties from the Housing Authority and selected GKS Management LLC as the redeveloper of these properties after a competitive RFP process . The redeveloper has committed to completing redevelopment of these properties within 18 months for all exterior work and within an additional 12 months for all interior work. These commitments will be backed by appropriate financial surety (bond or letter of credit). If the redeveloper decides to not restore the structures prior to expending 10 % of the anticipated project costs, the City has the option to repurchas e the properties for the purchase price . Fiscal Information: 413 E . Capitol Ave . has a sale price of $7,500 and 419 E . Capitol Ave. has a sale price of $2 ,000, each paid to the City . BILL NO . 2022-119 SPONSORED BY Councilm ember Fitzwater ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEVELOPMENT AGREEMENTS WITH GKS MANAGEMENT LLC . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1 . The Mayor and City Clerk are authorized to execute the Development Agreements substantially in the form set forth in Exhibit A and Exhibit B to authorize the City to convey to properties known as 413 E . Capitol Ave . and 419 E. Capitol Ave . to GKS Management LLC for the redevelopment of said properties . Section ~. This Ordinance shall be in full force and effect from and after the date its passage and approval. Passed : -----------Approved : _______ _ Presiding Officer Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM : City Clerk City A~ 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“this Agreement”) is made and entered into on the last day executed by a party, as indicated on the signature pages below, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri (“City”) and GKS MANAGEMENT LLC (“Developer”). The City and Developer may hereinafter be collectively referred to as the Parties and individually as a Party. RECITALS The Subject Property. The City holds title to certain land currently located in the incorporated area of the City of Jefferson depicted in the attached Exhibit A, commonly known as 413 E. Capitol (the “Subject Property”) and legally described as follows: Part of Inlot No. 119, in the City of Jefferson, Missouri, more particularly described as follows: Beginning at the southeasterly corner of said Inlot; thence westerly along the southerly line thereof, 60 feet 2-1/2 inches; thence northerly parallel with the easterly line thereof, 198 feet 9 inches, to a public alley; thence easterly along said public alley, 60 feet 2-½ inches, to the easterly line of said Inlot; thence southerly along the easterly line of said Inlot, 198 feet 9 inches, to the point of beginning. Subject to Deed of Trust in favor of City National Savings & Loans Association recorded in Book 153, at page 983, Cole County Recorder’s Office, covering this and other real estate. Proposed Project. Developer desires to redevelop the Subject Property to remove blighting conditions on the Subject Property and restore the Subject Property to an active and productive use. NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual promises, declarations, covenants and agreements of the City and Developer as hereinafter set forth, the Parties hereto do hereby agree as follows: 1. City’s Obligations for Development. a) Within thirty days of execution of this development agreement, City will convey by special warranty deed the Subject Property to Developer. If further surveying, legal descriptions, or other professional services are necessary to convey the Subject Property to Developer, Developer shall bear the cost of such services, including any recording fees. The City is conveying the property as-is with no warranty or representation regarding the condition of the property or its suitability for the uses contemplated herein. 2. Developer’s Obligations for Development. 2 a) Contemporaneously with the transfer of the Subject Property to the Developer, Developer shall pay to the City an amount equal to Seven Thousand Five Hundred and 00/100 Dollars ($7,500.00) (the “Purchase Price”) b) Developer shall perform and complete the following work (the “Work”), at Developer’s sole expense: i) Within eighteen months of the execution of this Agreement, the exterior of the structure on the Subject Property (the “Structure”) shall be completely restored. Developer shall not leave external improvements on the Subject Property in a state of disrepair. Developer shall provide notice of the completion of exterior Work and the City shall be granted access to inspect such work. ii) Within twelve months of the completion of the Work on the exterior of the Structure, the interior of the Structure shall be completely restored. Developer shall not leave any interior improvements on the Subject Property in a state of disrepair. Developer shall provide notice of the completion of interior Work and the City shall be granted access to inspect such work. iii) Developer’s estimated cost to complete this Work is $475,000.00, but nothing shall prevent Developer from spending more or less than this estimated amount to complete the Work. iv) Developer shall comply with all applicable Building Codes and Zoning Codes in performing such Work on the Subject Property. c) Prior to issuance of any Building Permit for the Work, Developer shall procure at its own cost and provide to the City in a form approved by the City Attorney a Performance Bond or Letter of Credit (the “Surety”) equal to the estimated amount set forth in Section 2(b)(iii). In the event that Developer fails to complete the Work, the City may utilize the Surety to complete such Work using its own forces or a contractor selected by the City and the City shall have a license to enter upon the Subject Property to complete such Work. d) For a period of ten year after the conveyance of the Subject Property from the City to the Developer, Developer shall not allow any generally applicable property taxes assessed on the Subject Property become delinquent, nor shall Developer allow the Subject Property to become a nuisance. For purpose of this agreement, the Subject Property or Benefit Property will be deemed to be have become a nuisance if: i) The any structure on Subject Property has, during the term of this Agreement, been declared a Dangerous Building as defined in Section 8-82 of the City Code; ii) The Subject Property or Benefit Property has been declared a nuisance and ordered to abate nuisance conditions under Sections 21-1 through 21-3 of the City Code more than three times; or iii) The City has actually abated nuisance conditions on the Subject Property after notice and hearing (if required or requested pursuant to City Code) two or more times. 3. Demolition. If at any time prior to Developer expending $47,500 in hard costs on the Work (constituting ten percent of the estimated cost of the Work) Developer determines that restoration of the Structure is not feasible or Developer otherwise chooses to not complete the Work, the City shall have the option to re-purchase the Subject Property from Developer for the Purchase Price. The City shall either exercise or waive its option prior to issuance of a demolition permit. If the City exercises its option under this Section, it shall release the Performance Bond. If the City declines to exercise its option, the Subject Property shall be 3 exempt from any requirements of the City Code which would require review of the Historic Preservation Commission prior to demolition. 4. Amendments. Any amendment to this Agreement must be in writing and must be executed by the City and the Developer, and any future owner of any part of the Subject Property who would otherwise be obligated to perform any of the requirements imposed upon the Developer by this Agreement. Oral modifications or amendments of this Agreement shall be of no force or effect. 5. Remedies. The parties to this Agreement may, either in law or equity, by suit, action, mandamus or other proceedings in court, seek declaratory relief, enforce and compel specific performance of this Agreement, provided that in no event shall the City have any liability in damages, costs (including attorneys’ fees) or any other monetary liability to Developer or any affiliate of Developer, any person claiming through Developer, or to their respective successors, assigns, heirs and personal representatives in respect of any suit, claim, or cause of action arising out of this Agreement or any of the actions or transactions contemplated herein. 6. Third Party Actions. Developer shall have the right, but not the obligation to assume the costs of defense of any action or proceeding initiated by a third party challenging this Agreement, or any other actions or transactions contemplated by this Agreement (including, without limitation, to settle or compromise any claim or action for which Developer has assumed the defense) with counsel of Developer’s choosing and the City and Developer agree that so long as no conflicts of interest exist between them, the same attorney or attorneys may simultaneously represent the City and Developer in any such proceeding. In no event shall the City have any liability to Developer for damages or otherwise in the event that all or any part of this Agreement or the ordinances approving this agreement shall hereafter be declared invalid or unconstitutional in whole or in part by a final (as to which all rights of appeal have been exhausted or expired) judgment of a court of competent jurisdiction, and, in the event Developer elects not to assume such defense and costs, the City shall have no obligation to defend or to assume the costs of defense of any such action. 7. Notices. All notices between the parties hereto shall be in writing and shall be sent by certified or registered mail, return receipt requested, by personal delivery against receipt , or by overnight courier, and shall be deemed to have been validly served, given or delivered immediately when delivered against receipt or three (3) business days after deposit in the mail, postage prepaid, or one (1) business day after deposit with an overnight courier, and shall be addressed as follows: If to the City: City of Jefferson City Administrator 320 E. McCarty Jefferson City, MO 65101 If to Developer: 4 GKS Management Shane Kampeter 1222 Elmerine Ave. Jefferson City, MO 65101 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten (10) days written notice thereof. 8. Hold Harmless. Developer at its sole cost and expense, hereby agrees to indemnify, protect, release, defend (with counsel acceptable to the City) and hold harmless the City, its municipal officials, elected officials, boards, commissions, officers, employees, attorneys, and agents from and against any and all causes of action, claims, demands, all contractual damages and losses, economic damages and losses, all other damages and losses, liabilities, fines, charges , penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and expenses of any kind, including, without limitation, reasonable attorney’s fees and costs of defense arising, directly or indirectly, in whole or in part, from the action or inaction of Developer, its agents, representatives, employees, contractors, subcontractors or any other person for whose acts Developer may be liable, in the activities performed, or failed to be performed, by Developer under this Agreement or in the development of the Subject Property, or from breach of this Agreement, except to the extent arising from or caused by the sole or gross negligence or willful misconduct of the City, its elected officials, officers, employees, agents or contractors. The indemnification, duty to defend and hold harmless obligations set forth in this Section shall survive for a period of five (5) years from the date of substantial completion of all Work contemplated hereunder. 9. Compliance with Laws. Developer shall comply with all applicable state, local, and federal laws in the performance of this Agreement. 10. Continuation of Obligations. The rights and obligations under this agreement or under any other document entered into under this agreement will not merge on closing. The restrictions and covenants set forth above are hereby declared to run with the land and shall be fully binding upon all persons or entities acquiring the properties or any portion thereof whether by descent, devise, purchase or otherwise, and any person or entity by the acceptance of title to the Subject Property or any portion thereof shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. 11. Entire Agreement. This Agreement contains the entire and complete agreement between the City and the Developer with respect to matters contained herein, all as hereinabove described in the Recitals for this Agreement and the above numbered paragraphs of this Agreement. Parties agree that this Agreement constitutes a lawful contract between the Parties and Developer hereby acknowledges and agrees that this Agreement and provisions of the City’s Code of Ordinances applicable to this Agreement constitute lawful exercises of the City’s authority and police power. (Signature Pages to Follow) IN WITNESS WHEREOF, th e Parties have executed this Agreeme nt and s hall be effective on th e last day a nd year indicated b elow. C ITY: City of Jeffe rson , Misso uri By: --------------------------------_____________ , Ma yo r Date: ---------- ATTEST: Emily Donald so n, City C lerk Approved as to form: STATE OF M ISSOUR I ) ) ss COUNTY OF COLE ) On thi s da y of , 2023 , before me appeared _______________ ,to me personall y known, who, be in g by me duly swo rn did say that he/she is Mayor of the City of Jefferson , Mi ssou ri , a Misso uri co nstitutional charter c ity and municipal co rp oration, and that sa id instrume nt was s igned o n be ha lf of sa id C it y, by author ity of its City Co uncil, and acknow ledged sa id instrument to be th e free act a nd deed of sa id C it y and that t he sa me was executed for the purposes therein stated . IN TESTIMONY WHEREOF , I ha ve here unt o affixed my hand and nota rial sea l at my o ffice in the State a nd Co un ty afo resaid , on t he day and yea r here in above first written. _____________________ , Notary Pub I ic My co mmi ss ion expires: ____ _ 5 6 DEVELOPER: GKS MANAGEMENT LLC By: _________________________________ Name & Title: ________________________ Date ______________ STATE OF MISSOURI ) ) SS COUNTY OF COLE ) On this __________ day of ____________________, 2023, before me appeared ______________________, to me personally known, who, being by me duly sworn did say that he/she is ____________ of GKS MANAGEMENT LLC, a Missouri limited liability company, and that said instrument was signed on behalf of said company, by authority of its governing body, and acknowledged said instrument to be the free act and deed of said company and that the same was executed for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the day and year hereinabove first written. _______________________________________ ________________________, Notary Public My commission expires: ____________ 7 EXHIBIT A Subject Property Lines are approximate. 1 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (“this Agreement”) is made and entered into on the last day executed by a party, as indicated on the signature pages below, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri (“City”) and GKS MANAGEMENT LLC (“Developer”). The City and Developer may hereinafter be collectively referred to as the Parties and individually as a Party. RECITALS The Subject Property. The City holds title to certain land currently located in the incorporated area of the City of Jefferson depicted in the attached Exhibit A, commonly known as 419 E. Capitol (the “Subject Property”) and legally described as follows: The easterly half of the Inlot numbered One Hundred Twenty (120), of the City of Jefferson, Missouri, and the same is more particularly described as follows: Beginning at the southeasterly corner of said Inlot 120; thence northerly along the easterly line thereof, 198 feet 9 inches, to the northerly line thereof; thence westerly along the northerly line of said Inlot, 52 feet 2-1/4 inches; thence southerly parallel with easterly line thereof, 198 feet 9 inches, to the southerly line of said Inlot; thence easterly along said southerly line, 52 feet 2-1/4 inches, to the place of beginning. Subject to Deed of Trust in favor of City National Savings & Loans Association recorded in Book 149, at page 435, Cole County Recorder’s Office. Proposed Project. Developer desires to redevelop the Subject Property to remove blighting conditions on the Subject Property and restore the Subject Property to an active and productive use. NOW, THEREFORE, in view of the foregoing Recitals and in consideration of the mutual promises, declarations, covenants and agreements of the City and Developer as hereinafter set forth, the Parties hereto do hereby agree as follows: 1. City’s Obligations for Development. a) Within thirty days of execution of this development agreement, City will convey by special warranty deed the Subject Property to Developer. If further surveying, legal descriptions, or other professional services are necessary to convey the Subject Property to Developer, Developer shall bear the cost of such services, including any recording fees. The City is conveying the property as-is with no warranty or representation regarding the condition of the property or its suitability for the uses contemplated herein. 2. Developer’s Obligations for Development. 2 a) Contemporaneously with the transfer of the Subject Property to the Developer, Developer shall pay to the City an amount equal to Two Thousand and 00/100 Dollars ($2,000.00) (the “Purchase Price”) b) Developer shall perform and complete the following work (the “Work”), at Developer’s sole expense: i) Within eighteen months of the execution of this Agreement, the exterior of the structure on the Subject Property (the “Structure”) shall be completely restored. Developer shall not leave external improvements on the Subject Property in a state of disrepair. Developer shall provide notice of the completion of exterior Work and the City shall be granted access to inspect such work. ii) Within twelve months of the completion of the Work on the exterior of the Structure, the interior of the Structure shall be completely restored. Developer shall not leave any interior improvements on the Subject Property in a state of disrepair. Developer shall provide notice of the completion of interior Work and the City shall be granted access to inspect such work. iii) Developer’s estimated cost to complete this Work is $225,000.00, but nothing shall prevent Developer from spending more or less than this estimated amount to complete the Work. iv) Developer shall comply with all applicable Building Codes and Zoning Codes in performing such Work on the Subject Property. c) Prior to issuance of any Building Permit for the Work, Developer shall procure at its own cost and provide to the City in a form approved by the City Attorney a Performance Bond or Letter of Credit (the “Surety”) equal to the estimated amount set forth in Section 2(b)(iii). In the event that Developer fails to complete the Work, the City may utilize the Surety to complete such Work using its own forces or a contractor selected by the City and the City shall have a license to enter upon the Subject Property to complete such Work. d) For a period of ten year after the conveyance of the Subject Property from the City to the Developer, Developer shall not allow any generally applicable property taxes assessed on the Subject Property become delinquent, nor shall Developer allow the Subject Property to become a nuisance. For purpose of this agreement, the Subject Property or Benefit Property will be deemed to be have become a nuisance if: i) The any structure on Subject Property has, during the term of this Agreement, been declared a Dangerous Building as defined in Section 8-82 of the City Code; ii) The Subject Property or Benefit Property has been declared a nuisance and ordered to abate nuisance conditions under Sections 21-1 through 21-3 of the City Code more than three times; or iii) The City has actually abated nuisance conditions on the Subject Property after notice and hearing (if required or requested pursuant to City Code) two or more times. 3. Demolition. If at any time prior to Developer expending $22,500 in hard costs on the Work (constituting ten percent of the estimated cost of the Work) Developer determines that restoration of the Structure is not feasible or Developer otherwise chooses to not complete the Work, the City shall have the option to re-purchase the Subject Property from Developer for the Purchase Price. The City shall either exercise or waive its option prior to issuance of a demolition permit. If the City exercises its option under this Section, it shall release the Performance Bond. If the City declines to exercise its option, the Subject Property shall be 3 exempt from any requirements of the City Code which would require review of the Historic Preservation Commission prior to demolition. 4. Amendments. Any amendment to this Agreement must be in writing and must be executed by the City and the Developer, and any future owner of any part of the Subject Property who would otherwise be obligated to perform any of the requirements imposed upon the Developer by this Agreement. Oral modifications or amendments of this Agreement shall be of no force or effect. 5. Remedies. The parties to this Agreement may, either in law or equity, by suit, action, mandamus or other proceedings in court, seek declaratory relief, enforce and compel specific performance of this Agreement, provided that in no event shall the City have any liability in damages, costs (including attorneys’ fees) or any other monetary liability to Developer or any affiliate of Developer, any person claiming through Developer, or to their respective successors, assigns, heirs and personal representatives in respect of any suit, claim, or cause of action arising out of this Agreement or any of the actions or transactions contemplated herein. 6. Third Party Actions. Developer shall have the right, but not the obligation to assume the costs of defense of any action or proceeding initiated by a third party challenging this Agreement, or any other actions or transactions contemplated by this Agreement (including, without limitation, to settle or compromise any claim or action for which Developer has assumed the defense) with counsel of Developer’s choosing and the City and Developer agree that so long as no conflicts of interest exist between them, the same attorney or attorneys may simultaneously represent the City and Developer in any such proceeding. In no event shall the City have any liability to Developer for damages or otherwise in the event that all or any part of this Agreement or the ordinances approving this agreement shall hereafter be declared invalid or unconstitutional in whole or in part by a final (as to which all rights of appeal have been exhausted or expired) judgment of a court of competent jurisdiction, and, in the event Developer elects not to assume such defense and costs, the City shall have no obligation to defend or to assume the costs of defense of any such action. 7. Notices. All notices between the parties hereto shall be in writing and shall be sent by certified or registered mail, return receipt requested, by personal delivery against receipt , or by overnight courier, and shall be deemed to have been validly served, given or delivered immediately when delivered against receipt or three (3) business days after deposit in the mail, postage prepaid, or one (1) business day after deposit with an overnight courier, and shall be addressed as follows: If to the City: City of Jefferson City Administrator 320 E. McCarty Jefferson City, MO 65101 If to Developer: 4 GKS Management Shane Kampeter 1222 Elmerine Ave. Jefferson City, MO 65101 Each party shall have the right to specify that notice is to be addressed to another address by giving to the other party ten (10) days written notice thereof. 8. Hold Harmless. Developer at its sole cost and expense, hereby agrees to indemnify, protect, release, defend (with counsel acceptable to the City) and hold harmless the City, its municipal officials, elected officials, boards, commissions, officers, employees, attorneys, and agents from and against any and all causes of action, claims, demands, all contractual damages and losses, economic damages and losses, all other damages and losses, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, and all costs and expenses of any kind, including, without limitation, reasonable attorney’s fees and costs of defense arising, directly or indirectly, in whole or in part, from the action or inaction of Developer, its agents, representatives, employees, contractors, subcontractors or any other person for whose acts Developer may be liable, in the activities performed, or failed to be performed, by Developer under this Agreement or in the development of the Subject Property, or from breach of this Agreement, except to the extent arising from or caused by the sole or gross negligence or willful misconduct of the City, its elected officials, officers, employees, agents or contractors. The indemnification, duty to defend and hold harmless obligations set forth in this Section shall survive for a period of five (5) years from the date of substantial completion of all Work contemplated hereunder. 9. Compliance with Laws. Developer shall comply with all applicable state, local, and federal laws in the performance of this Agreement. 10. Continuation of Obligations. The rights and obligations under this agreement or under any other document entered into under this agreement will not merge on closing. The restrictions and covenants set forth above are hereby declared to run with the land and shall be fully binding upon all persons or entities acquiring the properties or any portion thereof whether by descent, devise, purchase or otherwise, and any person or entity by the acceptance of title to the Subject Property or any portion thereof shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. 11. Entire Agreement. This Agreement contains the entire and complete agreement between the City and the Developer with respect to matters contained herein, all as hereinabove described in the Recitals for this Agreement and the above numbered paragraphs of this Agreement. Parties agree that this Agreement constitutes a lawful contract between the Parties and Developer hereby acknowledges and agrees that this Agreement and provisions of the City’s Code of Ordinances applicable to this Agreement constitute lawful exercises of the City’s authority and police power. (Signature Pages to Follow) IN WITNESS WHEREOF, th e Parties have executed this Agreement and shall be effective on the last d ay and year indicated below. C IT Y: C ity of Jefferson , M issouri By: ______________ _ _______ ,Mayor Date: ----- ATTEST: Em il y Donaldso n, C ity C le rk Approved as to form: STATE OF MISSOURI ) ) ss COUNTY OF COLE ) On this day of , 2023 , befo re me appeared Carrie Tergin , to me person al ly known, w ho, be in g by me du ly sworn d id say th at h e/she is Mayo r of the C ity of J e fferso n, Missouri, a Missouri constitutio n a l c ha rter ci ty and munic ip al corp oratio n , and that sa id in s trume nt was s ig n ed o n behalf of said C ity , by authority of its C ity Council , a nd acknowledged said in strument to be the f ree act a nd deed of sa id C ity and that t he sam e was exec uted for th e p urposes t he re in stated. IN TESTIMONY WHEREOF, I h ave hereunto affixed my hand and notari a l seal at m y office in th e State and Coun ty afo resaid , o n t he day a nd year h e re in above firs t written. ___________ ,Notary Public My commission expi res: _____ _ 5 6 DEVELOPER: GKS MANAGEMENT LLC By: _________________________________ Name & Title: ________________________ Date ______________ STATE OF MISSOURI ) ) SS COUNTY OF COLE ) On this __________ day of ____________________, 2023, before me appeared ________________, to me personally known, who, being by me duly sworn did say that he/she is ____________ of GKS MANAGEMENT LLC, a Missouri limited liability company, and that said instrument was signed on behalf of said company, by authority of its governing body, and acknowledged said instrument to be the free act and deed of said company and that the same was executed for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto affixed my hand and notarial seal at my office in the State and County aforesaid, on the day and year hereinabove first written. _______________________________________ ________________________, Notary Public My commission expires: ____________ 7 EXHIBIT A Subject Property Lines are approximate. BILL SUMMARY BILL NO: 2022-120 SPONSOR: Councilmember Schreiber ' SUBJECT: Authorizing the Purchase of an Animal Control Truck DATE INTRODUCED: April 3 , 2023 / ~ DEPARTMENT DIRECTOR(S): ___ ~4~;,.;..,.Ll==-=---tv{/=----W _______ _ CITY ADMINISTRATOR: ~ i~ Staff Recommendation: Approve . Summary: This bill would authorize a supplemental appropriation from the Reserve for Animal Shelter account for an additional $14 ,295 to the purchase of vehicles account to allow for additional funds to purchase an Animal Control Truck. Origin of Request: Police Department Department Responsible: Police Department PERSON RESPONSIBLE: POLICE CHIEF ERIC WILDE Background Information: The Jefferson City Police Department was allocated $26 ,800 in the FY23 budget for the purchase of a vehicle for Animal Control from the Reserve for Animal Shelter account. The Jefferson City Police Department has received a quote for a 2023 Chevrolet Silverado truck in the amount of $41 ,095 . This bill would authorize a supplemental appropriation for an additional $14,295 from the Reserve for Animal Shelter account to purchase an Animal Control truck. Fiscal Information: Authorizing a $14 ,295 supplemental appropriation to the Jefferson City Police Department to the Purchase of Vehicles account (1 0-330-57201 0) from the Animal Shelter Donations Reserve ( 1 0-1 00 -495995). BILL NO. 2022-120 SPONSORED BY Councilmember Schreiber ORDINANCE NO . ________ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION TO THE JEFFERSON CITY POLICE ' DEPARTMENT AMENDING THE 2022-2023 ANNUAL BUDGET AND AUTHORIZING THE EXPENDITURE OF SUCH FUNDS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. There is hereby granted supplemental appropriated within the Jefferson City Department Budget in the amount of $14 ,295 as indicated on Exhibit A, attached hereto . Section ~. The Jefferson City Police Department is authorized to utilize this money for the purchase of an Animal Control Truck using Animal Shelter Donation Funds . Section~. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : -----------Approved : _______ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk CERTIFICATION BY MAYOR Pursuant to Article VII, Section 7 .1 (5 .) Of the Charter of the City of Jefferson, Missouri , I hereby certify that the sums appropriated in the ordinance are available in the various funds to mee t th e requirements of this bill . Mayor Carrie Tergin Bill 2022-120 Exhibit A General Fund: Revenue 10-100-495995 Transfer From (to) Surplus1 14,295.00$ Expenditure 10-330-572010 Purchase of Vehicles 14,295.00$ 1The Reserve for Animal Shelter account, which is part of the City's restricted fund balance, had a balance of $147,559.91 at the end of the fiscal year 2022. SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET BILL SUMMARY BILL NO: 2022-112 SPONSOR: Councilmember Schreiber SUBJECT: Approve a Contract with WHP Trainingtowers ™ for the Training Tower/Burn Building Project at 2304 Hyde Park Road. Utilizing an established Sourcewell Contract; Approving a contract with UDT. LLC , to Demolish the Existing Building; Accepting an Additional Contribution of $200,000 from Cole County ARPA Funds. and Approving Supplemental Appropriations from Sales Tax G Gleaning Funds DATE INTRODUCED: March 20, 2023 DEPARTMENT DIRECTOR(S):.~--...<---::>----<::----==----------­ CITY ADMINISTRATOR:___,e£--=::::..._---=:::::::::::::=::_--4~~~~--------- Staff Recommendation: Approve . Origin of Request: Fire Department Department Responsible: Fire Department PERSON RESPONSIBLE: MATT SCHOFIELD, Fire Chief Summary: This bill would authorize the Jefferson City Fire Department to , utilize the Sourcewell Contract, 011822-JHK, with WHP Trainingtowers TM of Grandview, MO, to purchase , design, and install a 5-story tower and a 2-story residential/industrial fire training facility at 2304 Hyde Park Road and enter into a contract with UDT, LLC , Rolla , MO, for demolition of the existing facility. In addition , the bill authorizes acceptance of an additional contribution of $200,000 from Cole County ARPA funds and approves necessary budget transfers from Sales Tax G gleaning funds . Background Information: The Jefferson City Fire Department seeks to utilize the Sourcewell Contract, 011822-JHK , with WHP Trainingtowers™ of Grandview, MO, to purchase, design , and install a 5-story tower and a 2-story residential/industrial fire training facility at 2304 Hyde Park Road . The Fire Department initially bid out an engineering/architect contract to have a firm design and then bid out the construction of the tower and burn building but after discussions with those vendors , it was determined that the City would save funds by contracting directly with a firm to construct the building for us. The Sourcewell contract was competitively bid and vendors were evaluated and ranked. WHP Training Towers ranked number one out of 18 in the evaluation report. Additionally, the Sourcewell contract allows us to take advantage of 10% discount for materials and 5% discount for services. Total cost to design and construct the tower and building is $1,798,461.85 ; however, WHP Trainingtowers™ has indicated that they may provide a change order deduction through the contract of up to $32,000 to cover the cost of demolition of the existing facility. The Fire Department will bring a separate recommendation to award the demolition contract. In response to a request for proposals, No. 4104, six vendors submitted proposals for demolition of the existing drill tower and burn building located at 2304 Hyde Park Road. After reviewing the bid proposals, the Fire Department recommends proceeding wit h UDT, LLC. Their proposal included all of the requested services and was the lowest and best bid at $32,000. The Fire Department requests authorization to accept an additional $200,000 from the US Dept of Treasury American Rescue Plan State and Local Recovery Fund (SLFRF) Program passing through Cole County, Missouri, for this project. A grant acceptance memo and a supplemental budget request are included in this packet. Fiscal Information: Authorize an expenditure of $1,798,461.85 from the following accounts: 10-990-599507 Hyde Park Burn Building (Cole County ARPA Funds) $500,000.00 10-995-599507 Hyde Park Burn Building (City ARPA Funds) $1,000,000.00 45-990-578063 Sales Tax G Contingency/Gleaning $298,461.85 BILL NO. 2022-112 SPONSORED BY Councilmember Schreiber ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING UTILIZATION OF THE SOURCEWELL CONTRACT, 011822-JHK, WITH WHP TRAININGTOWERS™ OF GRANDVIEW, MO, FOR THE PURCHASE, DESIGN, AND INSTALLATION OF A 5-STORY TOWER AND A 2-STORY RESIDENTIAL/INDUSTRIAL FIRE TRAINING FACILITY AT 2304 HYDE PARK ROAD; APPROVING A CONTRACT WITH UDT, LLC, OF ROLLA, MO, TO DEMOLISH THE EXISTING BUILDING; ACCEPTING AN ADDITIONAL CONTRIBUTION OF $200,000 FROM COLE COUNTY ARPA FUNDS; AND APPROVING NECESSARY SUPPLEMENTAL APPROPRIATIONS FROM SALES TAX G GLEANING FUND. WHEREAS, The Fire Department will utilize a Sourcewell contract to contract with WHP Traininigtowers to purchase, design and install a 5-story tower and 2-story residential/industrial fire training facility at 2304 Hyde Park Road; enter into a contract with UDT, LLC, to demolish the existing building; accept additional ARPA funds from Cole County. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City of Jefferson enters into a contract with WHP Trainingtowers™ to purchase, design, and install a 5-story tower and a 2-story residential/industrial fire training facility at 2304 Hyde Park Road. Section 2. The City of Jefferson enters into a contract with UDT, LLC for demolition of the existing building. Section 3. The agreements shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. Authorization to accept an additional $200,000 from Cole County ARPA funds, attached hereto as Exhibit B. Section 5. Authorize necessary supplemental appropriations from Sales Tax G gleaning Funds, attached hereto as Exhibit C. Section 6. 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 CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5 .) Of the Charter of the City of Jefferson , Missouri , I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie Tergin FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB4104-Demolition of Drill Tower/Bum Building Cooperative Procurement -Sourcewell, Contract 0 11822-JHK Fire Department-Opened by Sourcewell January 18, 2022 RECOMMENDATION: Staff recommends the award of bid IFB4104 to UDT, LLC. of Rolla, Missouri for demolition services at 2304 Hyde Park Rd (Drill Tower and Burn Building) for $32,000.00. The bid was evaluated by Fire Department staff is being awarded to the lowest responsive bid meeting specifications. Staff also requests approval to utilize the Sourcewell contract, 0 11822-JHK, with WHP Trainingtowers or Grandview, Missouri for the purchase designing and installing a 5-story tower and a 2-story residential/industrial building for fire training. The Fire Department initially bid out an engineering/architect contract to have a firm design and then bid out the construction of the tower and burn building but after discussions with those vendors, it was determined that the City would save funds by contracting directly with a firm to construct the building for us. The Sourcewell contract was competitively bid and vendors were evaluated and ranked. WHP Trainingtowers ranked number one out of 18 in the evaluation report. Total cost to design and construct the tower and building is $1,798,461.85. BIDS RECEIVED FOR THE DEMOLITION: UDT, LLC, Rolla, MO A & D Construction Services, LLC, California, MO GWH Landscaping Contracting, LLC, Jefferson City, MO lndEqX, Seymour, MO Mitch Bonnot Excavation, LLC, Loose Creek, MO S Shafer Excavating, Inc., Pontoon Beach, IL Mid-Missouri Earth Movers, Jefferson City, MO Bid Amount $17,900.00 $32,900.00 $48,548.00 $39,763.20 $34,500.00 $112,200.00 No Bid This bid was advertised in the News Tribune on 1/11/2023 and posted on Bonfire. Bid notifications were sent to 163 vendors and there were 27 document takers. FISCAL NOTE: Expended or Account Number Description FY 2022 Budget Encumbered Bid Amount Balance Amount Hyde Park Burn Bldg- 10-990-599507 General Fund (County) $500,000.00 $0 $500,000.00 $0 Hyde Park Burn Bldg- 10-9 95 -599507 ARPA Fund s $1,000.000.00 $0 $1,000,000.00 $0 Sales Ta x G 45-990-578063 Contingen cy/Gl eaning $330,461.85 $0 $330,461.85 $0 Bid Total for Demolition $32,000.00 Sourcewell Contract Total for New Structure $1,798,461.85 Expenditure Total $1,830,461.85 ATTACHMENTS-SUPPORTING DOCUMENTATION Signat1rre ~ a tau~ Pur as ing Agent 3/7/23 # Location Fire Tower and Burn Building, 2304 Hyde #0-3 Park Fire Tower and Burn Building, 2304 Hyde #0-3 Park Fire Tower and Burn Building, 2304 Hyde #0-3 Park IFB4104 -Demolition of Drill Tower & Burn Building Opened January 26, 2023 A&D Construction Services, LLC GWH Landscaping Contracting LLC Days to Days to complet complet Lump Sum work Landfill Lump Sum work Landfill Republic Services Repub l ic $32,900.00 20 days JC Landfill $48,548.00 20 days Services Mid-Mi ssouri Earth Movers II Mitch Bonnot Excavation LLC No Bid No Bid No Bid $34,500.00 7-10 days Republic UDT, LLC Days to complet Lump Sum work Landfill $32,000.00 15 REPUBLIC lndEqX Days to complet Lump Sum work Landfill Republic $39,763 .20 30 Services S Shafer Excavating Inc Jefferson Republic $112,200.00 15 Days Landfi ll Memorandum TO: Leigh Ann Corrigan, Finance From: Chief Matthew Schofield, Fire Chief"0 Date: February 27, 2023 Re : Burn Building/Drill Tower Demolition The Fire Department recommends awarding this contract to UDT, LLC, out of Rolla, MO. That recommendation is based on their low bid for this project and positive feedback we received from Planning and Protective Services regarding their past performance. c: DC Jerry Blomberg DocuSign Envelope ID: 44284B92-EF49-4E02-B7B2-706B134B794E ~·~ ~..c-..1" ,.------....::,'-!11 \\\ 1 Sourcewe ll ~ J I; _A~ 4 .... i • .... ..;lble Points Confortnanc.e to RfP Requirements Prk:inc Finandat Viability and ~rttetplace SuccHs Ability to Se-ll and Del tv~ S<<Vi<e Marketin& Plan Va lue Added Attributes Wnrinty Depth and Brea dth of Offered Equipment, Produas, or Se.tvices Total Poin ts ltan.'<.Oia.,. -.. ~ , Possible Points Conformance t o RFP Requirements Pricinc Flnancbl VIability and M.11rketpbce Success Ability to Sell and OellvH ~rvice Marketin& Plan Va lue Added Attrlbuu~s Warranty Ot>plh and Bu~adth of Offered Equipment, Prod ucts, o r Services ToUI Poin ts Ran~Ordet . ~ " ·-. Atbn!k Divine Supply, In<. 50 42 400 308 75 63 100 84 50 38 75 62 50 41 200 159 1,000 797 ..... ·~ laerdal Medical Corporation 50 41 400 319 75 67 100 83 50 39 75 58 50 42 200 165 1.000 814 -·-2 Pro posal Ev a luation Publ ic Safety Trai ning and Si mulation Eq ui pm ent a n d Technology RFP 110 11822 Excel Drive r Se:rvk.es, UC d~ CAE Healthcare Ool"on Precision Systems, Inc.. S.m. Tech FMC, lnoorpot3ted Fire Facilities, Inc. 41 39 36 39 40 306 313 270 273 278 65 66 51 63 65 85 79 67 73 72 40 36 35 38 43 61 55 54 53 54 40 41 40 42 41 168 160 152 173 148 806 789 705 754 741 3S &.5 -u ll 12 - Tar&etSolutJons l ea min&. LLC lexipol, LLC UON First Responder PPE,Inc. 40 40 326 308 55 60 71 81 43 38 59 58 42 42 166 162 802 789 6 8.5 [~~~ 7[)(){)CEFD8830450 .• Greg Grunig, Procurement lead Analyst lr!lo<:uSigned by: L~~~ Craig West, Procurement Analyst Pod::et Nurse Enterprises, Inc. 38 313 64 72 40 58 39 154 778 10 PowerDMS, Inc. d~ Vedor Solutions I C.::~~ L 6EE63AED£05F48E... Car~ Jackson, Procurement Analyst ~Oo<:uS~ned by: mdc. s;kt- 4513A600CA0 1467- Nick Scholer, P rocurement Analyst - 37 288 55 77 39 55 39 ISO 740 1J J~hnke & Sons Construcdon, FirtbbrtG~I Inc. dba WtW TralnJnctowen JHB Group, Inc . 34 4 1 41 316 348 339 56 58 60 59 78 71 35 40 40 54 6 1 63 39 42 38 146 156 154 739 824 806 ·-. 14 l . -3.5 TSG Industries, LLC Virace Simulation, Inc. W .S. D arley & Co. 24 43 38 233 310 265 40 6 1 67 59 78 67 31 43 38 34 66 52 36 42 39 128 162 156 585 80S 722 11 _s ll DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Sourcewell ~ Solicitation Number: RFP #011822 CONTRACT This Contract is between Sourcewell, 20212th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) ~nd Jahnke & Sons Construction, Inc., dba WHP Trainingtowers, 519 Duck Road, Grandview, MO 64030 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of th~ State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Training and Simulation Equipment and Technology from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires March 23, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev.3/2021 1 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item 59 60 61 62 63 64 65 66 Question 1:11 ,, Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (If applicable) in the document upload section of x-our response. Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Describe any quantity or volume discounts or rebate programs that you offer. Propose a method of facilitating "sourced" products or related services, which may be referred to as "open markef' items or "nonstandard options''. For example, you may supply such items "at cost" or "at cost plus a percentage ," or you may supply a quote for each such request. Id entify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- deli very inspection, installation, set up, mandatory training, or initial inspection . Identify any parties that impo se such costs and their relationship to the Proposer. If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detai l the complete freight, shipping, and delivery program. Specifically describe freight, shipping, and delivery term s or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Describe any unique distribution and/or delivery methods or options offered in your proposal. . , Bid Number: RFP 011822 . ., Response * We ha ve included an overview document including our pricing schedule. In general, we offer a 10% discount on our list pricing for our materials items and a 5% discount for our service rela ted items. We offer discounts from list pricing in the 5%-10% range . We do not include any volume discounts or rebates at this time. We want to make an effort to customize each building to provide a comprehensive package that meets each customer's specific needs. Part of that effort requires us to have the ability to source options to be included as open market or non-standard items. We propose the same structure off of ou r open market list pricing with a 10% discount on open market materials list pricing and a 5% discount on open market service items . Our pricing includes all materials, freight , and labor line items necessary for the successful completion of the project. We offer a foundation design option for the customer to utilize with their local forces to install a foundation prior to our installation. We also recommend concrete fill on metal floor decks in our Alarm series for a complete installation. Some other items which we exclude, however may not be necessary for a co mplete in stallation include freight beyond 750 mile radius of Grandview, MO, prevailing wages, taxes, bonds, and perm its . We offer a freight line item for each one of our materials packages within a 750 mile radius of Grandview, MO which covers the majority of the continental United States. We will Include an open market line item for any freight beyond this radius. Containerization is required for mos t shipments to Alaska, Hawaii , or other off-shore locati ons. We would containerize at our facility and deliver the con tain ers to the port at which our base freight lin e item wou ld be invoiced. We then would issue an open market line item for the additional ocean f reig ht costs associated with providing our materials package to an off-shore location . Most Canadian locations can still be reached by over-the-road trailer and our open market freight lin e item beyond our 750 mile radius would take effect. In order to provide the complete turn-key solution that Sourcewell participating entities are looking for, we are offering line items for materials freight , and labor. Not all Sourcewe ll customers will want a complete turn key solution, and by Item izing ou r costs into these th ree line items, they can choose anywhere from materials on ly, all the way to a full turn-key installation. With our great history in providing turn-key solutions across the US, and our 25 contractor licenses and counting , we know that our packages offer a unique opportunity for Sourcewell participating entities to obtain a fully designed , manufactured, and installed fire training structure. Also, our burn room options are designed as Class A burn ro om s meaning customer's can burn combustib le materials such as wood and straw, but they would also have the option to purchase a Class B (propane or NG fired) prop from a Gas-fired prop company for installation within our bur ro om system. Our framework allows the customer a multitude of options during the installation and post- installation . Vendor Name: Jahnke & Sons Construction, In c. DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table -12: Pricing Offered Line .. a .~ Item The Pricing Offered In this Proposal is: • Comments 67 c. better than the Prop oser typica lly offers to GPOs, cooperative procurement organiza tions, or sta te purchasing We offer materia ls packages departments. Table 13: Aud it and Administrative Fee Line Item 68 69 70 Question Specifically describe any self-audit process or program that you plan to employ to verify compliance with your proposed Contract with Sourcewell. Th is process includes ensuring that Sourcewell participating entities obtain the proper pricing , that the Vendor reports all sales under the Contract each quarter, and that the Vendor remits the proper adm inistrative fee to Sourcewell. Provide sufficient detail to support your ability to report quarterly sales to Sourcewell as described in the Contract template. If you are awarded a contract, provide a few examples of Internal metrics that will be tracked to measure whether you are having success with the co ntract. Id entify a proposed administrative fee that you will pay to Sourcewell for facilitating, managing, and promoting the Sourcewell Contract in the event that you are awarded a Contract. This fee is typica ll y calculated as a percentage of Vendor's sa les under the Contract or as a per-unit fee; it is not a lin e-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details .) Bid Number: RFP 0 11822 through other purchasing organizations, however Sourcewell's platform is unique wi th a focus on providing turn -key solutions. We understand the opportunity for participating entities to streamline their project with this purchasing platform, and we have structured ou r pricing to be unique to meet Sourcewell's tum-key request. We ha ve structured our pricing to best meet the needs of those participating entities looking for a true tum-key sol ution through a Sourcewell contract. Response • When our salespeople generate a So urcewell quote or estimate they will denote on the quote or es ti mate that it is Sourcewell pricing. Upon receiving a signed quote or purchase order based on the quote the salesperson then hands the approved quote or purchase order over to project management who generates a project number or sales order number. On Sourcewell projects and Sourcewell sales the order is denoted for a project as Location Year-W-Project Number SOURCE For example: Kansas City, KS 21 -W-911 SOURCE For a sales order it Is denoted as Location S-Sales Order Number Sourcewe ll Example : Kansas City , KS S-20526 SOURCE They are coded with the Modifier "SOURCE" behind their project numbe r or sales number and will be re vi ewed quarterly by job ty pe . We will use a couple of d ifferent metrlcs to track our success with the contract. Fiscally we wi ll use percentage of sales of Sourcewell sales against our percentage of overall sales in order to track our immediate success. In addition, we will track our success rate by looking at data analytics associated with all of our marketing engagements and social media engagement targeted specifically to Sourcewell buyers . We propose a fee of 1.25% of our sales under the contract. Vendor Name: Jahnke & Sons Construction , Inc. 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 UDT, LLC., 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 structure and all debris and other trash items on the lot at the Fire Tower & Bum Building in 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 perfonn the services related to demolition of the structure and grading of lot at the Fire Tower and Bum Building in Jefferson City, Missouri, more particularly described in Exhibit A attached hereto. Contractor further agrees to obtain a demolition penn it 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 Fire Department, and in accordance with the rates and/or amounts of stated in the bid of the Contractor dated 1126/2023, which are by reference made a 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 amount of this contract shall not exceed Thirty-Two Thousand Dollars and Zero Cents ($32,000.00). 3. Notice to Proceed. Contractor shall not begin the work to be perfonned until receipt of written Notice to Proceed, after which the Contractor shall complete said work within Thirty (30) calendar days thereafter. 4. Insurance. Contractor agrees to obtain and maintain throughout the tenn 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 1 0.6.080, 1 0 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. 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 the 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. lndemnitv. 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 (I) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 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 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 e. Work Write-Up f. General Provisions g. U.S. Department of Housing and Urban Development Supplemental General Conditions 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. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health regulations for Construction as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971, Title 29-LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary. Safety Training a. Contractor shall provide a ten ( 1 0) 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 ($1 00) for each on- site employee employed by Contractor or its Subcontractor, for each calendar day or portion thereof, such on-site employee is employed without the construction safety 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. Regulations Pursuant to So-Called "Anti-Kickback Act" Title 18, U.S.C. 874 Kickbacks from public works employees: Whoever, by force, intimidations, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than five years or both. 22. Equal employment Opportunity, Nondiscrimination, and Minority Business Enterprise Utilization. a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, handicap, age, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employments, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contract, state that all qualified applicants will receive consideration from employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative or workers with which he as a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1985, and ofthe rules, regulations and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government funded contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or as otherwise provided by law. g. The Contractor will include the portion of the sentence immediately preceding paragraph ( 1) and the provisions of paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. h. The Contractor will make affirmative efforts to utilize minority business enterprises for suppliers and subcontractors and will document his efforts to the City. 1. For contracts in excess of$1 0,000, equal opportunity provisions of"Exhibit A" shall apply to this contract. 23. Training and employment of Lower Income Residents of Project Area. a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U .S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. b. The parties to this contract will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development ad all applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. 24. 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: (I) 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. 25. Federal Funds to be Used. The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B shall be fully considered in preparing responses and performing work under any resulting award. 26. Notices, All notices required or pennitted hereinunder and required to be in writing may be given by fLrSt 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 27. Jurisdiction. If to the Contractor; UDT, LLC Tonie Cahill 1420 BEast State Hwy 72 Rolla, Missouri 6540 I This agreement and every question arising hereunder shall be interpreted according to the Laws and statutes of the State of Missouri. CITY OF JEFFERSON, MISSOURI UDT,fL~ c ~.?bu>~r~k Title: _!: ,... ~") '/ J _) Date: --.3~1£"---"'~:;,....o/' Mayor Date: ___ _ ATTEST: ATTEST: Title: Title APPROVED AS TO FORM : c;cy~ EXHIBIT A Unit of Number of Days landfill Site to be Item Quantity location Unit Price to Complete used for Debris Number Required Measure Demolition Disposal Fire Tower and Burn Building, 2304 Hy de #0-3 Park 15 REPU BLIC EXHIBIT B-FEDERAL CLAUSES The City of Jefferson is a recipient federal grant funds through the American Rescue Plan Act of 2021. Therefore, the following requirements shall be fully considered in preparing responses and performing work under any resulting award. Access to Records Vendor agrees to provide the City, the Federal Government, and any applicable Federal Adn1inistrator, Director~ the C01nptroller General of the United States, or any of their authorized representative~ s access to any books, docun1ents, papers, and records of the Vendor which arc directly pertinent to this contract for the purposes of n1aking audits, exatninations, excerpts. and transcriptions. The Vendor agrees to pennit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Nothing contained herein shall be construed as intending to litnit or prohibit audits or internal reviews by Federal personnel or the Comptroller General of the United States. Retention Requirements for Records The contractor shall retain financial records, supporting documents, statistical records and all other records pertinent to the financial assistance agreement for a period of three years starting from the date of submission of the final payment request. Authorized representatives of federal awarding agencies, the Federal Inspectors General, the Comptroller General of the United States, the City or any of their designees shall have access to any pertinent books, documents, and records of contractor in order to conduct audits or examinations. The contractor agrees to allow monitoring and auditing by the City and/or authorized representative. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the contractor shall retain records until all litigations, claims or audit findings involving the records have been resolved and final action taken. Breach of Contract 1. In the event of material breach of the contractual obligations by the contractor, the City may cancel the contract. At its sole discretion, the City may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at a minimum the contractor must provide the City within 1 0 working days from notification a written plan detailing how the contractor intends to cure the breach. 2. If the contractor fails to cure the breach or if circumstances demand immediate action, the City will issue a notice of cancellation terminating the contract immediately. If it is determined the City improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract. 3. If the City cancels the contract for breach, the City reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the City deems appropriate and charge the contractor for any additional costs incurred thereby. 4. The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the City for any period in which funds have not been appropriated, and the City shall not be liable for any costs associated with termination caused by lack of appropriations. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Each contractor certifies to the tier above by completing the Certification Regarding Lobbying form, that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of the City, an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Clean Air Act (42 U.S.C. 7401-7671q.) and Federal Water Pollution Control Act (33 u.s.c. 1251-1387) The contractor must comply with the Federal Clean Air Act (42 U.S.C. 7401-7671q), as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Failure to abide by these laws is sufficient grounds to cancel the agreement. By agreeing to this agreement, the contractor certifies that the contractor, its board of directors and principals are following these specific federal laws. Further, the contractor shall report to the City any instance in which the contractor or any member of its board of directors or principals is determined by any administrative agency or by any court in connection with any judicial proceeding to be in noncompliance with any of these specific federal laws. Such report shall be submitted within ten (1 0) working days following such determination. Failure to comply with the reporting requirement may be grounds for termination of this agreement or suspension or debarment of the contractor. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which they are employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b) ( 1) of this section the contractor and any subcontractor responsible there for shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b) (I) of this section. 3. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b )(2) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b) ( 1) through ( 4) of this section. 5. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 6. Contracts for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 oftitle 5. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines, 2 CFR 180. SAM exclusions contain the names of parties debarred, suspended or otherwise excluded by agencies as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, City that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The contractor will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders ofthe Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs ( 1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or subcontractor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a contractor or subcontractor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Procurement of Recovered Materials The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by the Resources Conservation and Recovery Act. The requirements of this section include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 24 7 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $1 0,000 or the value of the quantity acquired during the preceding fiscal year exceeded $1 0,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401) If the contractor produces subject matter, which is or may be patentable in the course of work sponsored by this agreement, the contractor shall promptly and fully disclose such subject matter in writing to the City. In the event that the contractor fails or declines to file Letters of Patent or to recognize patentable subject matter, the City reserves the right to file the same. The City grants to the contractor the opportunity to acquire an exclusive license, including the right to sublicense, with a royalty consideration paid to the City. Payment of royalties by contractor to the City will be addressed in a separate royalty agreement. Termination 1. Termination for Cause. The City may terminate this agreement, in whole or in part, at any time before the date of completion whenever it is determined that the contractor has failed to comply with the terms and conditions of the agreement. The City shall promptly notify the contractor in writing of such a determination and the reasons for the termination, together with the effective date. The City reserves the right to withhold all or a portion of funds if the contractor violates any term or condition of this agreement. Termination for cause may be considered for evaluating future agreements. The contractor may object to terminations with cause and may provide information and documentation challenging the termination. 2. Termination for Convenience. Both the City and the contractor may terminate the agreement, in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. 3. The City reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the effective date of termination. Domestic Preference for Procurements As appropriate, and to the extent consistent with law (including 2 C.F.R. §200.322)~ the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products~ or materials produced in the United States. This includes, but is not limited to iron, alutninum, steel, cetnent, and other n1anufactured products. Prohibition on certain telecommunications and video surveillance services or equipment Contractors are prohibited from obligating or expending project funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). b. Telecommunications or video surveillance services provided by such entities or using such equipment. c, Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 4. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph ( 1 ), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 5. See Public Law 115-232, section 889 for additional information. 6. See also § 200.4 71. Disadvantaged Business Enterprise Statement Contractors bidding on City contracts funded in whole or in part by assistance from a federal agency shall take the following affirmative steps to assure that small, woman owned, and minority businesses are utilized when possible as sources of supplies, services and construction items. a. Contractors will submit the name and other information, if any, about their DBE sub- contractors along with their bid submissions. b. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors when possible on City contracts. c. Qualified small, woman owned, and minority businesses will be included on solicitation lists as sub-contractors for City supplies, services, and construction. d. Qualified small, woman owned, and minority businesses will be solicited whenever they are potential sources. e. When economically feasible, contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, woman owned, and minority business participation. f. Where the requirements permit, contractors will establish delivery schedules which will encourage participation by small, woman owned and minority businesses. Contractors will use the services and assistance of the Small Business Administration, the Office of Equal Opportunity, and the Community Services Administration. CITY OF JEFFERSON CONSTRUCTION SERVICES AGREEMENT IXHIIITA THIS CONTRACT, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and WHP Trainingtowers, hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, Contractor has been selected for furnishing the supervision, labor, tools, equipment, materials and supplies for the following City improvements: installation of a five-story tower and two-story Residential/Industrial Building, as described in Exhibit A and depicted in Exhibit B. NOW THEREFORE, the terms of the Sourcewell Contract: RFP #011822 shall govern, except in instances that conflict with the following terms: 1. 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. 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 (I) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 3. Performance and Materialman's Bonds Reguired. 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. 4. 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. 5. 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. 6. 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. 7. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the grounds of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. 8. 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. 9. Construction Safety Program Requirements. a. Contractor shall require all on-site employees to complete the ten-hour safety training program required pursuant to Section 292.675 RSMo, if they have not previously completed the program and have documentation of having done so. All employees working on the project are required to complete the program within sixty (60) days of beginning work on the Project. b. Any employee found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($1 00.00) for each employee employed by Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount due Contractor under this Contract, all sums and amounts due and owing City as a result of any violation of this section. 10. 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. 2 If to the C ity: C ity of J efferso n Department of Law 320 East McCa11y Street Jefferson C ity, Missouri, 6510 I CITY OF JEFFERSON, MISSOURI Mayo r Date: ---- APPROVED AS TO FORM: lf to the Contractor: WHP Traini ngtowers J oe K ir chn er 5 I 9 Duck Road Grandview, M isso uri 64030. WHP TRAININGTOWERS Ti tle: Date: ___ _ ATTEST: T itle: 3 HP RETHINK HOW YOU TRAIN January 18 '\ 2023 RefNumber: Q-23 17707 (via e mail) Jerry Blomberg, Division Chief of Trai ni ng Je fferso n C ity Fir e Departme nt 320 East McCart y Stree t Je fferson City. MO 6510 I 573 -634-6403 j b lo m berg@ jcffe rso ncit vmo.e:o v Dear Chief Blomberg: We are p lea sed to provide yo u wit h the follow ing proposa l utilizi ng our Sourcewe ll contract number 0 11822 -JHK and the Cit y of Jefferso n City Sourcewe ll contract number I 03420 for a CUSTOM GENERAL ALARM FIVE- STORY WHP trainin g simulator. The simul ator wou ld con s ist of a structure that would approx im ate the following: I. Sect ion A wi ll be a Five-St01·y Tower approx im ate ly 2 1'-11" W x 25 1 -4 " L x 54'-0" H (to top of parapet). a. Four (4) int er io r flo ors (2"d, 3'd , 4111 , 5'11 ) b. One (I ) flat ro of with parap et roof guard system c. One (I) 22 'x26 1 pa inted ste e l ca nopy d. Two (2) 3'-4" doubl e sw ing gates e. Four (4) rapp e lling anchors on th e roo f f. One (I) rapp e ll in g rail g. One (I) 2'-6" x 3'-0" Bil co roof hatc h h. One (I) ve rti ca l ladder from th e 5th floo r up to th e roof hatc h 1. One (I) fiv e-s tory inter io r stair with we ld ed stair rai li ng j. One (I) inset balcony on the second fl oo r with we lded raili ng k. One (I) 4'xT ca ntil evered balcon y at the 3'd fl oor with ra ili ng a nd door I. O ne (I) 4-story galv anized standp ipe w/FDC and 2-hea d s prinkler run m. Five (5) 3' x 7' plat e stee l door and hardware n. Nine (9) 3 I x 4 1 window op enin gs with latching s hutt ers-The four additional sh utt ers will be lo cated: 2"d fl oor B-side , 3'd floor D-s ide , 4'11 and S'h C-S id e. Each add iti onal wi nd ow will hav e an ove r-w in dow rappe ll ing an chor and ba il out prop. o. One (I) 3 ' x 3 ' access hatch to re sid ent ial att ic p. Two (2) 9 1 xT garage doors 2. Sec tion B will be a Two-Story Res identia l/! ndu stria l secti on approximate ly 2 1 '-1 I " W x 35'-0" L x 24 ' -0" H to eave. a. One (I) gable roof, 5/12 and 9/12 un-eq ua l pitch on hal f of roof with perim eter welded g ua rdrail b. One (I) flat roof with parapet wa ll s on ha lf of roof with two (2) swing ga te openings c . Two (2) 6' -0 " cha in gates 519 Duck Road, Grandview, MO 64030 1 P: 800 .35 1.2525 1 www.TrainingTowers .com 1 lnlo@Trai ningTowers.com d. Two (2) chop-o ut s on gab led roof one 48 " x 48" and one 48"x96" e. One (I) attic space prov id ed between the gabled roof a nd th e second floor f. One (I) 3' x 3' framed window opening with latching shu tters at ex terior gabled end of the attic g. Seven (7) 3' x 4' fr ame d wi nd ow openings wit h latching shutt ers h. Two (2) 3' x 4' fra med burn room window openin gs with latchi ng shutters 1. One (I ) 6 'x 4 ' double framed wi ndow openin g with latc hi ng sh utters J. Fo urteen ( 14) 3' x 7' plate stee l door and hardware k. Five (5) 3' x 7' burn room pla te stee l door a nd hardwa re I. Multiple rooms pe r drawing s m. One (I) over-window rappelli ng anchor with bai l out prop n. One (I) two -story interior sta ir wi th we ld ed stair ra ili ng o. One (I) 4'x38' ba lco ny and fi re esca pe to second floor p. One (I) 12 'x l 2' Class A burn ro om on the JS' floor protected with a Padgenit e lnt e rl oc kTM liner system q. One (I) II ' x 16 ' Cla ss B burn room on th e 2"d floor protected with a Padgenite Int erlock™ I i ner syste m r. One (l) 49 "x49" pa ll et style burn c rib s. One (I) 4 'x4 ' attic burn area system 3. Sect ion C will be a One-Story Annex approximate ly 21 '-II" W x 14'-6" L x I 0'-0" H. a. Two (2) 3' x 4' framed window openings with latc hing s hu tters b. One (I) 3' x 7' exterior burn room plate stee l door and hardware c. Entire room sha ll be protected with a Pad ge nite ln ter lockTM li ner system d. One (I) 49 "x49 " pallet style burn crib e. One (I) Tempe ra tur e monitorin g sys tem 4. Othe r incl ud ed opt ions: a. Co ncrete de molition for fo und ation place ment-in clud es sawcut and re mov in g conc rete 5 ' beyo nd th e perimeter of th e new buildin g and rep laci ng the so il up to 72 " b. Foundation design c. Concrete s lab on grade d. 4" concrete sidewalk at the pe rime ter of th e new building e. Concrete fill o n e levated metal deck s f. Gas li ne and cond uit from Jefferso n City sup pli ed propane ta nk to building stub up (up to 100') g. 200 Amp pane l connected to ex isti ng power h. Co nnect b uildin g dra inage to Je fferso n City drai nage sys tem (up to 75') Materials and Freight is: Labor is: S ubcontract is: Total: $739 ,503.05 $497 ,879.80 $56 1.079.00 $1 '798,461.85 Prevailin g Wages: Prevailing wages have been incl uded based on Genera l Decision Numbe r: M020220040 12/23 /2022 for Co le Cou nty Misso ur i. If th e Genera l Deci sio n is updated or a job spec ifi c wage determ inatio n is perforn1ed wage s will be adjusted accordingly and be th e re spon s ibility of the owner. Page 2 of 3 5 19 Duck Road , Gra ndview. MO 64030 1 P : 800.35f.2525 1 www.Trai ningTower s.com 1 lnfo@Traini ngTo wers.com All pricin g is in US Do ll ars and is valid for 30 days . It is th e po li cy of WHP Trai ningtowers™ to provi de a reason able cos t estim ate for your bud ge tin g purposes. It is not un comm on in th e con structi on in dustry to offer cost estimates th at are fo r low end or stripped-down struc tur es . WHP be li e ves t he c ost es timate shou ld refl ect a tra inin g s imul a tor th at meets OS HA safety req uiremen ts, is o fthe hi ghe st quality , and will meet the expectat ions of th e c ustome r. Schedu le: We would require 2-4 we eks to prepare conceptu a l drawin gs aft er award of th e con tract or pu rchase o rder a nd 18-20 weeks for de li ve 1y afte r rece ipt o f approv ed draw ing s. If the fo un da t ion is in p lace t he erecti o n wo uld be comp lete a pprox imat e ly 15-17 week s afte r de li ve 1y of buildin g. Some op tiona l item s such as brick ex te ri ors wi II req uire more tim e to complete e rect ion. Design Criteria: Pricin g is based on th e foll ow in g stru ctura l des ign c rite ri a per IB C 2012 : I. Live Loads-(a) Roo f: IOOpsf (b) Floor: IOO psf (c)Att ic: IOOpsf 2. Wind Loads -(a) Spee d: 115 mph (b) Expos ur e: C 3. Seis mic Loads-(a) Coeffi cie nt Ss [m ax ]: 55 (b) Co effi c ien t S I [max]: 13 4 . So il Capacity -Minimum 1500 lbs/sq.ft . *Require me nt s exceed in g th ese loads may res ult in additi ona l costs. E xclusions: We excl ud e fr om our pro posa l: demo lition of ex ist in g buildi ng, bonds, ta xes , pe rm its, special insur ance req uir eme nt s if any , fi e ld pa intin g of exte ri or ha ndrai ls and sta irs, mecha nic a l, electr ica l, fire protect io n sys te ms, wint e r con diti ons, site wo rk , engin ee ring layo ut a nd ge nera l cond iti on ite ms and an y ot he r misce l lan eo us fees . Terms: For mate ri a ls a depos it of25% on the bui ld in g package is du e o n rece ipt o f o rde r (sig ning of contract). Ba lance of pay me nt on ma teri a ls du e on deli ve ry to s it e. No retent ion on materia ls . Labor will be billed mo nthly . Invoi ces not in di s put e ove r 30 days will be assesse d I ~%pe r month on ba la nces in exce ss o f 30 days . F ina ncin g is ava il a bl e throug h lease purchase prog rams. We hope yo u fi nd the propos al acceptabl e. If we can prov ide you with furth er informa tion please fe e l free to ca ll. Sin ce re ly, Ca pt. Ro b Va n Bi bbe r (Ret.) WHP Tra inin gtow ersTM Pa g e 3 of 3 519 D uck Road , G randview, MO 64030 1 P : 800.35f.2525 1 www.T rainin gTowers.com 1 lnfo@Trai ningTow ers.com m 1--m -% t.1 @-- ®- @-- ®---- ,.- (e ', r-v ..,11:£ x r·r ""'" avtiii<AI~ca:JI "''' .. 'a..c:a..O.....,...,NII( \~ \~ ........ T SECTION •g• @/J -__ ... i ..n.·~·~ ;y so.-..c fVK AIIIU.l ~CJ..trt'(J rl[Dt L(V[L rQ SllL l[Yfl. ~liD RESIDENTIAL 2ND FLOOR PLAN AND ANNEX RO(Jl:........E.LAt:':!. $CAL£ 11•· ~ r -o· T T \~ ........ <® SECTION • .,. SECTION T \~ ........ TOV/ER RESIDENTIAl ANO ANNEX lS T FLOOR PLAN SCAI..[• 1/4• • ''·0" SECTION •c• BURN ROOM 12 -- r l T{IIII'(IMJ .. IIQIII:Ifc.K.S•1tl• >-D::o:: ~0 U)t-w:5 >:J U:::E 'iii :E(!) D::z :5:z c(-..J~ ~~ Wo:: z-wu. 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D::z 5z c(--~~ ~~- UJW z~ wLL (!) 0:: ~ ::l :I; iii Cl z z ~ I- I-z w :I; ~ w 0 w 0:: u::: =:r1":""~-~ ti+n&"'~ ~.9:::.:.3 ~:=.:.F- a~:· ~~ aG:..:.SV.:i ~~:r"'i· ~~'l'JL !~ ~-~ ~~~ ··~ee ~~~ 2 IZ c.v I ~ 1 1 =-=: ~ p • \:I I ~ \ : I nll=tliJE=fl --® ll!Oll soc AllJ LITI SOC u£VAra.s ---e GENERAL ALARM -FIVE STORY FIRE TRAINING SIMULATOR FIRE DEPARTMENT TRAIN ING SIMULATOR f 1 -e --® ~NHP • O• 01' .w-e "1'4 Do\ toors""-Ctoo ..C. S1 t OJOI'II)~•IIOl<4XI IQ... 1 U •lU·.lU-J .._....,~··- 10.1."1U'· .. .bi•U.U ••• _..._._ z ~l "flri ... "' ~ REAR SOC IIJJ laOH 90£ UEVATICI.~ ~ GENERAL ALARM-FIVE STORY FI RE TRAINING SIMULATOR FIRE DEPARTMENT TRAINI NG SIM ULATOR fNHP •Ch'l:r..........:lN<OJO'ItCD>SI'I'II.Iti!Or<r<. l!tDuOCIC~•~hOJQ lQ.. tU ·Je)·ltU lo·--..,.._•c- I'Q.lll'l[lt*«»-l5t-nH ..... -"1~- DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Sourcewe~~ ~: Solicitation Number: RFP #011822 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Jahnke & Sons Construction, Inc., dba WHP Trainingtowers, 519 Duck Road, Grandview, MO 64030 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Training and Simulation Equipment and Technology from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires March 23, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2021 1 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier's Equipment, Products, or Services Proposal {Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS/ DISTRIBUTORS/ AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplierls authorized dealers, distributors, or resellers relative to the Equipment/ Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment/ Products/ or Services under this Contract will be priced at or below the price stated in Supplierls Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment1 Products/ and Services that are operational for their intended purpose, and includes all costs to the Participating Entity1 s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev.3/2021 2 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev.3/2021 3 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2021 4 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements}, or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev.3/2021 5 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report {Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name {e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev.3/2021 6 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev.3/2021 7 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev.3/2021 8 OocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev.3/2021 9 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. lB. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy{ies) in effect at all times during the performance of this Contract with insurance company{ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office {"ISO") Commercial General liability Form CG0001 {2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev.3/2021 11 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK no less broad than ISO Business Auto Coverage Form CA 0001 {2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000-annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data-including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Rev. 3/2021 12 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision{s) or endorsement{s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require {by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy{ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Rev.3/2021 13 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State· of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to 11 federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of 11federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, 11 Equal Employment Opportunity'' (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, 11Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, 11 0ffice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, 11 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with Rev. 3/2021 14 DocuSign Envelope 10: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 011822-JHK the Copeland "Anti-Kickback" Act {40 U.S.C. § 3145), as supplemented by Department of Labor regulations {29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT {40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations {29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT {33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act {42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended {33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Rev.3/2021 15 DocuSign Envelope 10: 2221D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 {3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment {31 u.s.c. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and Rev.3/2021 16 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. Rev.3/2021 17 OocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C860B70F19 011822-JHK R. U.S. EXECUTIVE ORDER 13224. The Supplier~ and its subcontractors~ must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable~ Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable~ Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time~ with or without cause~ upon 60 days~ written notice to the other party. However~ Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier1 S Proposal. Cancellation of this Contract does not relieve either party of financial~ product~ or service obligations incurred or accrued prior to cancellation. Sourcewell By:G;;~,:~~~~ Jeremy Schwartz Title: Chief Procurement Officer 3/18/2022 I 4:14 PM COT Date: ----------------------------------------- Approved: [p~'&d By: 7E42B8F817A64CC ... Chad Coauette Title: Executive Director/CEO 3/23/2022 I 7:01 PM COT Date: ----------------------- Rev.3/2021 Jahnke & Sons Construction~ lnc.1 dba WHP Trainingtowers "OocuSigned by: By: ~~L.,:rcku Joseph P. Kirchner Title: Executive Vice President 3/23/2022 I 6:37 PM COT Date: ---------------------------------- 18 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 RFP 011822 -Public Safety Training and Simulation Equipment and Technology Vendor Details Company Name: Jahnke & Sons Construction, Inc. Does your company conduct business under any other name? If WHP Trainingtowers yes, please state: Address: Contact: Email: Phone: Fax: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction#: Submitter's I P Address: Bid Number: RFP 011822 519 Duck Rd Grandview, MO 64030 Rob VanBibber info@trainingtowers.com 913-385-3663 800-736-7594 742855791 Monday January 17,2022 08:51:32 Tuesday January 18, 2022 16:02:10 Rob VanBibber info@trainingtowers.com 5b9a1 bf2-b73f-4ed1-b976-1 f3162de71 e6 45.16.238.177 ------------··-···------ Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 Specifications Table 1: Propose r Id e ntity & Authorized Represe ntatives Ge nera l Instruc ti o n s (app lies to all Tables) Sourcewell prefe rs a brief but tho rough response to each question. Do no t mere ly attach add itiona l documents to your response without also providing a substan tive re sp onse. Do not leave answers blank ; respond "N/A" if th e question does not apply to you (preferabl y with an exp lanation). Line Qu est ion Respo nse • Ite m 1 Proposer Legal Name (one legal entity on ly): Jahnke and Sons Cons tru ction , Inc. (In the event of award , wi ll execute the . resulting contract as "Supplie r'') 2 Identify all subsidiary entities of the Proposer WHP Trainingtowers whose equipment , products , or services are . in cl uded in the Proposal. 3 Identify all applicable assumed nam es or DBA WHP Trainingtowers names of the Proposer or Proposer's . subsidiaries in Line 1 or Line 2 above. 4 Provide your CAGE code or DUNS number: Cage Code: 1 LD28 ., DUNS : 04-663 -5053 5 Proposer Physi cal Address : 519 Duck Road -Gra ndview. MO 64030 6 Proposer website address (o r addresses): www.trai ni ngtowers.com . 7 Proposer's Authorized Representative (name, Joseph P. Kirchner title. address. email address & phone) (The Exe cutive Vi ce President representative must have authority to sign 519 Duck Road the "Proposer's Assurance of Compliance" on Grandview. MO 64030 ' behalf of the Proposer and. in the event of joek@trainingtowers .com award , wi ll be expected to execute the 913-343-0446 resu lting contract): 8 Proposer's primary co ntact for this proposal Joseph P. Kirchner (name . titl e. ad dress , ema il address & phone): Executive Vice Pres ident 519 Duck Road . Gra ndview. MO 64030 joek@trainingtowers .com 913-343 -0446 9 Proposer's other contacts for this proposal . if Magg ie Scaletty any (name. title. address. email address & Chief Ope ra ti ng Office r phon e): 519 Duck Road Grandview. MO 64030 maggies@training towers.com 913 -385-3 663 Tabl e 2: Company Informatio n and Financial Stre ngth ~~~: l a uestion !Respo nse • Bid Num ber: RFP 0 11822 Vendor Name: Jahnke & S ons C onst ruc t ion, Inc. DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 10 11 12 13 14 15 16 Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. What are your company's expectations in the event of an award? Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. What is your US market share for the solutions that you are proposing? What is your Canadian market share for the solutions that you are proposing? Has your business ever petitioned for bankruptcy protection? If so, explain in detail. How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Bid Number: RFP 011822 Jahnke & Sons Construction, Inc. (JSC) dlb/a WHP TrainingtowersTM (WHP) is a family-owned corporation in the 24th year of business. JSC was established as a local construction company by the owner, Chief William Jahnke (Ret.). In 1997, Chief Jahnke retired as Chief of the Overland Park, KS Fire Department. In 1998, Chief Jahnke acquired WHP. WHP sells pre-engineered fire training towers to fire departments, military, governments, and municipalities throughout the world. JSC's 23 employees work diligently to market, sell, and make the best metal training facility on the market. WHP was established in 1980 and was the first company on the market to offer an alternative to older costly concrete designs. At WHP, we plan, construct, and stand behind the strongest, most rugged metal structure in the fire training business. Our experience, quality and innovation can be seen in more than 900 training tower installations over forty years. We believe that in order to ensure our customers receive the most quality products with the most value for their training program, our involvement throughout the process is critical from start to finish. The majority of our projects are turn-key from design, to fabrication, delivery, and installation. We don't stop there as we also provide training, maintenance, and inspection services after completion of the project. The safety of our communities rides on the success of each of our installations for each individual customer. A Sourcewell contract award would allow JSC dba WHP Trainingtowers to reach more customers looking to improve their training programs. At the end of 2021 we moved our corporate and production facilities to a larger location. This move has doubled our production capacity as well as providing over 4 acres of paved staging and outdoor warehousing space. By marketing a newly executed Sourcewell contract, and creating awareness of our new purchasing platform, we expect to generate immediate interest in both your existing customer base as well as peak the interest of potential customers looking for a purchasing program such as Sourcewell. Financial documents have been attached in the documents portion of our response. Our market share for the US market for metal fire training towers is 60%. In 2021 the portion of our overall revenues to the Canadian government was 12.5% and our Canadian Market Share for Steel Fire Training Facilities is 40% of the Canadian Market. No. From the descriptions provided, JSC dba WHP Trainingtowers is best described as a manufacturer and service provider. There are components of our overall system which we source from our network of suppliers, however as a whole, we design the each training structure, complete the procurement of raw materials and components, and deliver the complete building package to our specifications. Our sales &service force is a combined team of both JSC sales & service employees and regionally located individuals providing sales & services as a third party. This format allows our direct employees to provide immediate functions during the sales and service cycle and assist our outside sales & service team as necessary. We also have the ability to expand capacity quickly through our outside sales & service team. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD -9280-45C86DB7DF19 17 If applicable , provide a detailed explanation We have provided the Fire Service with more pre-engineered metal fire training outlining the licenses and certifications that towers and buildings than any other supplier in the wortd and have done so as a are both required to be held , and actually licensed turn key contractor and building supplier. WHP is currently licensed in 25 held, by your organization (including third stales throughout the United States with the ability to obtain/activate additional parties and subcontractors that you use) in licenses when necessary for a specific project. There are 16 states that do not . pursuit of the business contemplated by this require a co ntractor's license to work in their state. We also provide a third party RFP. engineer review of every training structure we deliver. Our third party enginee rs has the ability to wet stamp our engineered documents in all 50 states as well as every Canadian Province . Engineer wet stamps are required by NFPA 1402. 18 Provide all ·suspension or Debarment" N/A. information that has applied to your orga nization during the past ten years . Tabl e 3: Indus try Recog nition & Mar ketp lace Su ccess Line Question Response • Item 19 Describe any relevant industry awards or We do not have record of any re levant industry awa rds within the past 5 years. recognition that your company has received in the past five years 20 What percentag e of your sales are to the In the past 3 years 98.23%% of our sales have been to Federal, State and Local governmen tal sector in the pas t th ree years Government. 9.63% is federa l government contracts and 1.77% of our sales are to . industry customers. 21 Wha t percentage of your sales are to the Percentage of sa les to the educationa l is 5.48% education sector in the past three years 22 List any state, provincial . or cooperative GSA Contract # GS07F5448P purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 23 List any GSA contracts or Standing Offers GSA Contract # GS07F5448P and Supply Arrangements (SOSA) that you hold. What is the annual sales vo lume for 2019 Sales: $894 ,300.32 . each of these con tra cts over the pa st thre e 2020 Sales: $2,532,166.06 years? 2021 Sales: $1 ,041 ,757.56 Table 4: Ref e re n ces/Test imon ials Lin e I tem 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name • Contact Name • Phone Number • Colorado Division of Fire Prevention and Mark Quick 9707495100 Control University of Maryland Fire Rescue In stitute Pa trick Marlatt 3012269900 Brookline Fire Department John Sullivan 6177302272 . City of Fairfield Fire Department Donald Bennett 5138675379 Massachusetts Department of Fire Services Peter Shipman 9785673164 Bid Number: RFP 011822 Vendor Name : J ahnke & Sons Constructio n, Inc. DocuSign Envelope ID : 2221 D3EA-4FOF -46BD-9280-45C86DB7DF19 Table 5: Top Five Government or Education Customers Lin e Item 25. Provide a list of your top five government, education , or non-profit custome rs (entity name is optional), including e ntity type , the state or province the entity is located in , scope of the project(s), size of transaction(s), and doll ar vo lumes from the past th ree years. Entity Name Entity Type • State I S c ope of Work • Size o f Transac tio ns • Dollar V o lume Pas t Three Province· Years · Farme(s Government Texas-TX Tum-Key design, manufacture , 51,536 ,443.56 50.00 Branch Fire install of a custom high-rise fire Department train ing structure including . foundation design, foundation installation, and utilities. Pa lm Beach Government Florida-FL Turn-Key design, manufacture , 51 ,472,411.86 $1,472,411 .86 Gardens Fire install of a custom high-rise fire Department training structure including . foundatio n design, foundation installation, and utilities. Luzerne Education Pennsylvania -Turn-Key design , manufacture , 51 ,365 ,878.49 527,908.49 Community PA install of a custom high-rise fire College training structure and service Santa C larita Education California -CA Turn-Key design, manufacture, $2,168,284.00 $0.00 Community install of a custom high·rise fire Co llege training structure including . foundation design , and foundation installation . Los Angeles Government California -CA Tum-Key design , manufacture . $4,370,680.60 SO.OO County install of a custom hazmat . training center. Table 6: Ability to Sell a nd Deliver Service Describe your company's capab ili ty to meet the needs of So u rcewe ll part icipating enti ties across the US and Canada, as app licable . Your re sponse should address in detail at least the following areas : locations of your network of sa les and service providers, th e number of workers (full-time equiva lents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sa les and service functions. ~~~~ !Questio n I Res ponse • Bid Number: R F P 011822 Vendor Nam e : Jahnke & Sons Constru ctio n , Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 26 27 28 29 30 31 32 Sales force. Dealer network or other distribution methods. Service force. Describe the ordering process. If orders will be handled by distributors, dealers or others, explain the respective roles of the Proposer and others. Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. Bid Number: RFP 011822 The WHP sales team is made up of two internal sales representatives, three contracted external sales representatives, and two internal auxiliary sales staff. Our internal sales staff is located at our corporate location in Missouri while the three outside sales people represent the Northeast. Southeast and South regions. Together, they call on potential clients and create a custom fire training tower that fits the needs and wants of each client's community. Our sales force works together to meet the following objectives: • Increase sales and profits • Increase customer numbers • Increase upsells and cross-sells • Increase productivity • Enhancing the sales process. For years, WHP has been at the forefront of customer-focused fire training towers, offering a full tum-key approach to department's fire training needs. Over this time, we have built a wealth of knowledge, from industry experts and experience, in what department's need and want for their community. Combining our industry knowledge and our experience in delivering complex training towers, WHP is well placed to help customers quickly see a return on their investments. We understand that a successful implementation is more than just delivering a building, this is why we also work with our clients to provide post-sale support and deliver a training program to enable their department. By choosing this approach, departments will directly benefit from our expertise and knowledge of the industry. While the fire industry faces different challenges within their community, we know our clients have individual needs and priorities. Our team is flexible and adaptable to easily configure a custom training tower that will fit and help any department's needs and wants. Our consultants will work with the departments to identify which capabilities are required and deliver those priorities accordingly. Using our in-house production and manufacturing team, allows us to accelerate this process and help departments move quickly into building their fire training tower. Most all of our sales are direct to customer sales. We feel that it is important to communicate directly with our customers as much as possible during the design, manufacturing, delivery, installation, and post-sale support. We do sell some products through our network of affiliates when it makes the most sense for the end use customer. The WHP service team comprises of two field technicians, two service technicians, and a third party contracted service company. We have the ability to deploy personnel to five separate locations at one time, or combine a team of technicians for larger service calls. Our technicians also communicate remotely with our customers, answering questions and helping our customers with simple upgrades or modifications. After the inside or outside salesperson has refined the design to meet the customer's needs and the order is processed, the Inside salesperson then submits the customer's purchase order to our project management team. All orders are initially reviewed by the salesperson who is the point of contact during the sale, then they are submitted to project management for initial logging and to start the project cycle. The salesperson is involved in the project hand-off and to answer any specific questions that the customer or the project management team have prior to the start of the project cycle. Customer service comes through several channels, typically from project management, warranty, sales, or web contact. Each inquiry is logged into our CS database system by the database manager and tagged based on subject. The subject tag initiates the team member with the best expertise to solve the customers issue/concern. Many CS items are resolved utilizing remote communication for example instructions on operating a temperature monitoring system would be handled by our a technical service team member. Our initial response goal is 24 hours, with follow-up remote service able to be conducted immediately. CS requests that involve field service can typically be performed within two weeks, depending on complexity and customer urgency. In rare urgent cases, we have mobilized within 24 hours for customer service. As a US based company, the majority of our projects fall within the United States. As stated previously, our contractor licensing resume and ability to obtain additional local licenses or certifications allows us to work anywhere in the United States. The majority of the projects we provide to Canada are materials supply contracts for installation by local professionals. We limit our current staff to work under our licenses in the United States, but we do make available our technicians to consult on Canadian installations either remotely or in-person at the customer's request. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 33 Identify any geographic areas of the United We are currently able to provide material products and service in all parts of the States or Canada that you will NOT be United States and material products in Canada. We offer consultation services in fully serving through the proposed contract. Canada for the installation portion of the project. 34 Identify any Sourcewell participating entity We currently do not have a limit on participating entity sectors. sectors (i.e., government, education. not-for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example. does your company have only a regional presence. or do other cooperative purchasing contracts limit your ability to promote another contract? 35 Define any specific contract requirements Some of these regions require the local workforce to supply a percentage of the or restrictions that would apply to our work on the project. If this Is the case, we would work with the customer to provide participating entities in Hawaii and Alaska the appropriate amount of field consulting to ensure proper installation of the and in US Territories. product(s). Labor and Freight rates will be affected in these regions also. Table 7: Marketing Plan Line Item 36 37 38 39 Question Describe your marketing strategy for promoting this contract opportunity. Response •' j Each year, WHP's marketing focuses on eight main objectives: Upload representative samples of your 1. Increase lead quality marketing materials (if applicable) in 2. Reduce the percentage of lost sales Increase a customer's lifetime value the document upload section of your 3. response. 4. Improve awareness and demand around new products New product launches Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? Are your products or services available through an a-procurement ordering process? If so, describe your a-procurement system and how governmental and educational customers have used it. 5. 6. 7. 8. Increase profitability Create new revenue Increased brand awareness. Partnered with the sales team, WHP attends an average of 20 trade shows each year to obtain these objectives. Promotion of these shows is done through social media marketing, email blasts, networking and direct paid advertisements. As a result, we see hundreds of potential new customers each year through trade shows. The opportunity to hold a Sourcewell contract will give us the ability to promote the contract as a tool for customers to get the quality product they envision for their community in a streamlined, turn-key delivery method. We understand that not all opportunities will fit within this contract, however, out goal will be to present our Sourcewell contract as one of the primary solutions available to them. Knowing our historic customer base. it will give us the opportunity to introduce many more entities to the Sourcewell name. Currently, WHP's products are featured on Facebook, lnstagram, YouTube, and Linkedln. We have gained followers and interacted with over 4200 customers through these outlets since January 1, 2022. Through these outlets we promote our new customers that are added to the WHP Family, training articles, well wishes for holidays, grant information, partner companies, and blog entries. As we tell our customers, we are experts in our field, just like Sourcewell is the expert in getting their participating entities the resources they need. We have designed and constructed over 900 projects, but we have never built the same thing twice. All of our customers are unique and we use the historic knowledge of our past customers to help each new customer define a solution that best fits their needs. We aren't interested in trying to sell them the same thing we sold before. We want to listen to them and provide them the best solution and we feel that Sourcewell's role will be to help the participating entities understand the ease of procuring a training solution specific to their community's needs. We do not currently have an a-procurement platform for our products. .. .. .. Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID : 2221D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 8: Value-Added Attributes Line Item 40 41 42 43 44 45 Question Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details , such as whether training is standard or optional , who provides training , and any costs that apply. Describe any technologica l advances that your proposed products or services offer. Describe any "green" initiatives that relate to your company or to your products or services , and include a list of the cert ifyi ng agency for each . Identify any third-party issued eco- labels, ratings or certifications that your company has received for th e equipment or products included in your Proposal re lated to energy efficiency or conserva tion , life-cycle design (cradle-t o-cradle), or other green/sustainability factors. Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business cert ifications that you r company or hub partners have obtained. Upload documentation of certi fi cation (as applicable) in th e document upload section of your response. Wha t unique attributes does your company, your products , or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it app lies to Sourcewe ll participating entities? Bid Number: RFP 01 1822 Respons e • We list a two-day Live Fire Fixed Faci l ity Training Cou rse conducted at the customer's training facility for up to 12 trainees. The course complies with NFPA 1403 standards . In addition, the course will be customized to meet the specific requirements of the fire department. This content as we ll as current prin ciples and practices associated with live bum training will be fac il itated by a WHP Trainingtowers Training Consultant. This course delivery will consist of the purposes and processes necessary to comply with NFPA 1403 standards to ensuring that live fire training evolutions are conducted in safe facilities with minimal exposure to health and safety hazards for fire figh ters. This includes both curriculum-based team ing as well as hands-on practical training in the fire department's own fixed facility structure . This course will include a minimum of 4-hours that will consist of an active overview including the completion of live burn tra ining evolutions and burn procedures with the instructor in order to review practical live fire training applications specific to the cus tomer. The textbook associated with this course is Live Fire Training: Principles and Practice . 1st Edition. ISBN-13 : 9781284041231. WHP Train ing Towers will not supply the textbooks as they are not required for course completion. Upon successful completion of this course, trainers will receive a certification of course completion from WHP Trainingtowers stating successful completion of the requirements as stated within NFPA 1403 standards. This is an optional program and costs $7,125 per sess ion and is detailed in our pricing attachment. Specific to our burn ro oms, we offer out Patent Pending Padgenile lnterlockTM thermal lining system. This thermal lining system is further described i n the attached marketing material , however the highlights of this product include reduced maintenance, highes t surface durab ility on the market , and the best overall thermal resistance as compared to the durability. We also are offing our Patent Pending MODx modular fire training structures. These structures offer a modular construction solution without the need for structural walls. This allows the walls, windows , and doors to be interchangeable unlike other building systems requiring fixed structural walls and sta ti onary doors and windows. With ou r burn rooms we include a battery operated WIF I enabled tempera ture monitoring system. This system allows for viewing and operation from up to 5 handheld devices through the available app. As our tra ining structures are primari ly manufactured from steel , we fo llow ini tia tives to utilized recycled content in our raw steel products. Our initiative is relevant to the "Leaders in Energy and Environment Design " LEED rating system. Our Alarm Series raw structura l materials are manufactured in accordance with ISO 9001 quality standards. Ou r Padgenite l nterlockTM raw th erma l materials are manufactured in accordance wi th ISO 900 1 quality standards We are registered as a small business through SAM (Sy stem fo r Award Management). We are the only provider in the industry offering the Patent Pending MODxTM , Patent Pending Padgenite lnterlockTM , and exclusive Alarm SeriesTM products. We also offer freight and labor for installation making this a true turn-key so lution, unique to others in the industry. Because these products are so unique, having our company, the manufacturer, also provide th e installation makes this a true turn-key benefit for the customer knowing they have one point of contact throughout the process and beyond. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 9A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line ~esponse* '• ':· .. Item Question j '. .; ::::': I . .. 46 Do your warranties cover all products, parts, and WHP Trainingtowers carries various warranties across our line of products labor? from 1 year to 40 years. We offer a standard 1 year labor warranty, then . extended warranties on various materials as defined in the attached warranty samples. 47 Do your warranties impose usage restrictions or Our warranties do require end users to operate the structure per NFPA or * other limitations that adversely affect coverage? any other state guidelines and maintain the system per the O&M manual. 48 Do your warranties cover the expense of Our labor warranties do cover all costs associated with labor including time, technicians' travel time and mileage to perform travel, and mileage. .. warranty repairs? 49 Are there any geographic regions of the United We have the ability to provide warranty repairs in all 50 states. We do not States or Canada (as applicable) for which you have labor available in Canada at this time, however we do work with cannot provide a certified technician to perform companies within Canada to ensure warranty issues are addressed in a .. warranty repairs? How will Sourcewell timely manner. participating entities in these regions be provided service for warranty repair? 50 Will you cover warranty service for items made by The majority of our warranties are direct warranties from WHP other manufacturers that are part of your proposal, Trainingtowers as the manufacturer/installer. We do have some extended or are these warranties issues typically passed on warranties from our network of material vendors. Some vendors we have ·• to the original equipment manufacturer? worked with for over 25 years and have a long standing relationship to ensure warranty issues are addressed properly. 51 What are your proposed exchange and return In most cases, we will repair or replace the material in question and if it is * programs and policies? no longer available we will replace with a material of equal or greater value. 52 Describe any service contract options for the We provide an option for an annual inspection/maintenance visit which items included in your proposal. includes labor and a small amount of stock materials for any repairs . necessary. This item is detailed in our pricing attachment. Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 Table 98: Performance Standards or Guarantees Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item 53 54 Question Describe any performance standards or guarantees that apply to your services Describe any service standards or guarantees that apply to your services (policies, metrics, KPis, etc.) Bid Number: RFP 011822 , .... ··. :;:--· .:· ' ''· '· .. ' '· .. :·~. ;,::~~~; :-:.:._.;' :', : The reason WHP Trainingtowers gravitates towards a tum-key solution centers around our ability to control the process and provide a full guarantee to the customer. With our direct involvement throughout the process from design to engineering and manufacturing to installation; we take full responsibility for the success of the project. We have been providing these services for years and our customers expect us to stand behind our products because we are involved in every aspect of their project. The customer has one phone call to make and we take care of the rest. Specific standards we have in place include: • Track each instance of reported incorrect parts/assemblies and identify if the problem is with the CAD, tool-paths or process and amend as needed. • Track makeup· shipments per project, then correct master packing lists, takeoff spreadsheets or embedded CAD blocks as necessary. Review takeoff/shipping procedures if the makeup shipments exceed .25 per project. • Track weld/fitting re-works during QC. Do additional training if re-work exceeds 1% of welds or one in 10 assemblies for fit-up issues. • Track shipment requested date and date shipments are assembled for departure. Track down where issues that cause any late shipments and adjust Kanban limits/lead time guidelines as necessary. • Review each project with the installer to address any shortages, fitment issues, or design change requests. • CNC equipment to be checked for slop, binding and squareness as recommended by manufacturer or shop procedures. CNC operators to be trained and cleared by the shop manager. • Welders are certified and checked out by shop management. Specific standards which apply to our services include: • All installations are punch-list walked through by an in-house WHP Installation Inspector before completion. • Items that cause field issues more than three times shall have the installation details reviewed and edits or re-engineering notes sent to installation technicians/contractors. • All shipments from WHP/vendors shall be checked and contents verified upon delivery to prevent delays in the case of shortages. • Shortages, fit-up issues or incorrect hardware is reported to PM for review with the vendor or WHP shop to correct as needed. • Any deficiency requiring a charge-back shall generate a report explaining the specific issue, the field remedy, and a recommended correction. Vendor Name: Jahnke & Sons Construction, Inc. DocuS ign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 10: Paym e nt Terms and Financing Options Line Qu estion Item 55 Descri be your payment terms and accepted payment methods . 56 Describe any leasing or financing options available for use by educationa l or governmental entities. 57 Describe any standard transaction documents that you propose to use in connection with an awarded contract (orde r forms . terms and conditions . service level agreements , etc.). Up load a sample of each (as applicable) in the document upload sect ion of your response. 58 Do you accept the P-card procurement and payment process? If so , is there any additional cost to Sourcewell part icipating entities fo r using this process? Bid Number: RFP 011822 Res p on se • In general , our payment te rms are as follows, however can be negotiable depending on cus tomer's req uirements: For materials a deposit of 25% on the bu ilding package is due on receipt of order (signing of contract). Ba lance of paymen t on materials due on . delivery to site. No retention on mate rials. Labo r will be billed monthly. Invoices not in dispute over 30 days wi ll be assessed 1 Y2 % per month on balances in excess of 30 days. We work with lease/finance companies to provide financing options. . These options can be quoted . as an open market line-item cost. Once a contract is awa rded , we wi ll adhere to the terms and conditions se t forth in the Sou rcewell contract. Individual transactions with partici pat i ng entities can either be contracted wit h . their PO or we can issue a written co nstruction con tract, a sample of which has been prov ided in th e attachment section. We are not set up fo r P-Card procurement at this lime . . Vendor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item 59 60 61 62 63 64 65 66 Question ! I Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Describe any quantity or volume discounts or rebate programs that you offer. Propose a method of facilitating "sourced" products or related services, which may be referred to as "open marker items or ·nonstandard options". For example, you may supply such items "at cosr or "at cost plus a percentage," or you may supply a quote for each such request. Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Describe any unique distribution and/or delivery methods or options offered in your proposal. Bid Number: RFP 011822 Response* We have included an overview document including our pricing schedule. In general, we offer a 10% discount on our list pricing for our materials items and a 5% discount for our service related items. We offer discounts from list pricing in the 5%-10% range. We do not include any volume discounts or rebates at this time. We want to make an effort to customize each building to provide a comprehensive package that meets each customer's specific needs. Part of that effort requires us to have the ability to source options to be included as open market or non-standard items. We propose the same structure off of our open market list pricing with a 10% discount on open market materials list pricing and a 5% discount on open market service items. Our pricing includes all materials, freight, and labor line items necessary for the successful completion of the project. We offer a foundation design option for the customer to utilize with their local forces to install a foundation prior to our installation. We also recommend concrete fill on metal floor decks in our Alarm series for a complete installation. Some other items which we exclude, however may not be necessary for a complete installation include freight beyond 750 mile radius of Grandview, MO, prevailing wages, taxes, bonds, and permits. We offer a freight line item for each one of our materials packages within a 750 mile radius of Grandview, MO which covers the majority of the continental United States. We will include an open market line item for any freight beyond this radius. Containerization is required for most shipments to Alaska, Hawaii, or other off-shore locations. We would containerize at our facility and deliver the containers to the port at which our base freight line item would be invoiced. We then would issue an open market line item for the additional ocean freight costs associated with providing our materials package to an off-shore location. Most Canadian locations can still be reached by over-the-road trailer and our open market freight line item beyond our 750 mile radius would take effect. In order to provide the complete turn-key solution that Sourcewell participating entities are looking for, we are offering line items for materials freight, and labor. Not all Sourcewell customers will want a complete tum key solution, and by itemizing our costs into these three line items, they can choose anywhere from materials only, all the way to a full tum-key installation. With our great history in providing tum-key solutions across the US, and our 25 contractor licenses and counting, we know that our packages offer a unique opportunity for Sourcewell participating entities to obtain a fully designed, manufactured, and installed fire training structure. Also, our bum room options are designed as Class A bum rooms meaning customer's can bum combustible materials such as wood and straw, but they would also have the option to purchase a Class B (propane or NG fired) prop from a Gas-fired prop company for installation within our bur room system. Our framework allows the customer a multitude of options during the installation and post- installation. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Enve l ope 10 : 2221 D3EA-4 FOF-46BD-9280-45 C86 DB7 DF1 9 Table 12: Pr icing Offe red Lin e The Pri cing Offered in t hi s Proposal is: • Comments Ite m 67 c. be tter than the Proposer typically offers to GPOs . coopera tive procurement org anizations, or state purchasing We offe r mate rials pa ckages dep artmen ts. Table 13: Aud it and Adm inistrative Fe e Li ne Item 68 69 Qu es tion Specifica lly describe any self-aud it process or program that yo u plan to employ to verify compl iance wit h your proposed Contract with Sourcewell . This process incl udes ensuring that Sourcewell participating entities obt ain the proper pric ing , that the Ve ndor reports all sales under the Contra ct each quarter, and that the Vendor remits th e proper adm inistrat ive fe e to Sourcewell. Provide sufficient detai l to sup port your ability to report qua rte rly sales to Sourcewe ll as described in the Contract temp late. If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success wi th the contract. through other purchasing organizations , however Sourcewell's platform is unique wi th a focus on providing turn-key so lutions. We understand the opportunity for participat ing entities to streamline thei r project with this purchasing platform , and we ha ve structured our pricing to be uniq ue to meet Sourcewell's turn-key request. We have structured our pri ci ng to best meet the needs of those participating entities looking for a true turn-key solution through a Sourcewell contract. Response - Whe n our salespeople generate a Sourcewell quote or estimate they wi ll den ote on the quote or estimate that it is Sourcewe ll pricing. Upon receiving a s igned quote or pu rc hase order based on th e quote the salesperso n then hand s the approved quote or purchase order over to project managem ent who generates a project number or sales order number. On Sourcewell projects and Sourcewell sa les the orde r is denoted fo r a projec t as Location Year-W-Proje ct Number SOURCE For exa mple : Kansas City , KS 21-W-911 SOURCE For a sa les order it is denoted as Location S-Sales Order Number Sour ce we ll Examp le: Kansas City, KS S-20526 SOURCE Th ey are co ded with the Modifier "SOURCE" behind their project number or sales number and wi ll be rev iewed quarterly by jo b type. We will use a cou ple of diffe rent metrics to track our success with the contrac t. Fiscally we will use percen tage of sales of Source well sales aga inst our percentage of overa ll sales in order to track our immediate success. In addition , we wi ll track our success rate by look ing at data analytics associated with all of our marketi ng engagements and social media engagement targeted specifically to Sourcewell buye rs. 70 Identify a proposed administrative fee that you wi ll pay to We propose a fee of 1.25% of our sa les unde r the contract. Sourcewell for faci litating , manag ing , and promoting th e Sourcewell Contract in the event that you are awarded a Con tract. This fee is typically ca lculated as a percentage of Vendor's sa les under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cos t of goods . (S ee the RFP and template Contract for add itional details.) Bid Number : RFP 01 1822 V endor Name: Jahnke & Sons Construction, Inc. DocuS ig n Enve lope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 14A: Depth and Breadth of Offered Eq uipment Products and Serv ices Line Item 71 72 Question Provide a detai led description of the equipment , products , and seNices that you are offering in your proposal. Within th is RFP category there ma y be subcategories of sol utions. List subcategory titles that best des cribe your products and seNices. Bid Number: RFP 011822 Response • WHP Trainingtowers n.• offe rs bot h structural steel fire training tower options as well as modu lar fire training systems in a variety of models and configurations to meet your training needs. Our offering of standard options and models as well as custom config uratio ns provides the ability to better control venti lation and fire suppression in a way tha t more rea l istically mimics the challenges of today 's modern fi re environment. WHP TrainingtowersrM provides extensive background in the des ign, and cons truction of fire training faci lities. Our team approach to this projec t would be to develop , fro m the specifications , a pre l iminary design of th e bui lding . We would then meet with the participating entity and an y other parties identified by the participating entity to review all aspects of the building as it pertains to tra ining operations and site adaptation to the specific si te. From this input we would : Deve lop working drawings for review and cha ng es as appropriate and finalize for approval. Develop our bu ilding submittal pac kage to present to the authority having jurisdiction fo r app rova ls and permits. • Prov ide a cons truction schedule input to keep the project on schedu le and meet the completion dates. • Provide mon thly updates on schedule and cost. • Prov ide erection of the building . • Prepare maintenan ce and ope rationa l manuals . Final acceptance of the proje ct by the Owners. We set a high standard for our bu ild ings with regard to qua lity . Our team is trained to pay attention to minor details in the fabrication of the building and the quality of the ma teria ls supplied . We have a check list that every crew must fo ll ow which acts as a reminder to them of the level of quality we expect on each project. This attention to quality is reflected in our offering a 5-y ear warranty on our structure and 40-yea rs on the paint. More importantly it is reflected in ou r sat isfied customers and longevity of our structures. We truly mean "Bui lt to Last". We pride ou rse lves on once a contract is exec uted, we se ldom, if ever, have cha nge orders on a project except when the owner changes the scope of a project. We strive to anticipate problems before w e fina lize our drawings minimizing change orders and cost overruns . Completion of your project on time and in budget is our number one priority. WHP Training towe rs r"' prides itse lf on our safety record . We have had no lost time accidents on a job site for the pas t seven years. We ha ve a written loss contro l plan , which is applied to every projec t. We require our subcontractors to have written safety plans and we monitor the ir activities to ensure a safe working environment is main tained on the projects. WHP would provide the fi re train ing building des ig n, deliver the bu il ding package , fo ll ow through on fina l approva l and close out of the project. Since 1980 WHP has pro vided the Fire SeNice with more pre-engi neered fire training buildings than any supp lier in the world. We are owned and operated by Fire SeNice Professionals prepared to partner with you from the initial needs assessment to acceptance of the completed product. Our success is directly tied to your satis faction. WHP Trainingtowers "' offers many advantages over other options on the market: Strength -Nothing in our structu ral components is lighter than 18-gauge hot dipped galvanized metal. Low Maintenance -Built into the system Safety -OSHA complian t, engineered to meet YOUR loca l building codes • Rea lism -Designed to si mul ate "real world" condi tions We blend a strong commitment to quality and safety with the experience to do the job right. As sub-categories to our fixed and modular train ing facili ties/structures, we offer the foll owin g: . Fre ight . Labor to install . Foundation Des ig n . Tra ining . SeNice/Maintenance . Inspections Ven dor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86087DF19 Table 148: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment. products , and services are offered within you r proposal. Provide additional comments in the text box p rovided , as necessary. Line Item Category or Type Offered • Comments 73 Facilit ies , structures (fixed or mobile), equipment, r. Yes We offer both fixed and modular fire props, supplies , and consumables . r No training facilities/structures and well as burn rooms and roof props all as Sou rcewell contract line items. We can provide additional customization though ou r open market platform. 74 Augmented or virtual reality, interactive , and digita l rYes We do not offe r augmented or virtual simulation tech nology an d re lated software , r. No rea lity at this time. hardwa re , or equipment. 75 Instructi ona l, educa tional , and traini ng programs or r. Yes We offer a training program adhering systems wi th re lated materials and supplies . r No to NFPA 1403 as defined in our atta ched proposal . 76 Services related to the offering of the so lutions r. Yes Des ign , Installation , Maintenance , described in RFP Sections 1. a. -c ., including r No Repair, and Training are all provided design , installalion , maintenance , repair, training, as line items in our pricing structure. integ ration , support , an d cus tomization. We can also assis t wi th integration of props or components from other vendors as we ll as customization through our open market platform. B id N u m ber : R F P 0 11822 Vendor Name: J ahnke & Sons Construction , Inc. DocuSign Enve lope 10 : 222103EA-4FOF-46B0-9280-45C86087DF19 Table 15: Industry Specific Questions Line Item 77 78 79 80 81 Qu estion Describe your products/services interoperability with other public safety equipment, software and sys tems , if applica ble. Des crib e your strate gy re lated to implementation, use of in stall atio n pa rtn ers and inte gratio n with oth er training prod ucts and sys tems if applica bl e. Exp lain your licensing process and service agreements with end use rs. Describe compliance to appli cabl e nati onal standards such as : Natio nal Fire Protectio n Associati on (NFPA), Occupationa l Safety an d Hea lth Adminis tration (OS HA), and American National Standards Institute (ANS I). Exp lain and provide in formation about any design services you provide if applicab le. Bid N umber : RF P 011822 Response • Ou r products provide both fixed and modular s pace allowing the end user to ut il ized the space for thei r firefighter, police , and public safety training pro grams. The end user's equipment and techno logy can be utilized within the open spaces provided in our fixed and modular training facilities/structures . Many of our customer add additiona l feat ures such as Class B gas-fi red pro ps, stan dpipes, sprinkle rs, smoke machines , etc. all avai lable through our ope n marke t purchasing structure. As a tu rn-key des igner, man ufacturer, and ins tall er, we have the abili ty to integ rate a mu ltitud e of options, wheth er from our open market st ru cture or with anot her ve ndor's trai ning products. Wi th our cons tant involvem ent in our projects from start to fi nish, we are fam ili ar wi th all differen t types of trai ning products that ca n be added during constructio n or pos t-insta llatio n. We work to make sure our customer has th e bes t solution for them whe ther it is from our list of market or off-market so lutions, or integrating with another vendor's so lution. We currently carry 25 sta te contractor licenses and including the 16 sta tes tha t do not require a l icense , th is allows us to remain active in the majority of the states in the co untry. We also activate other state licenses or loca l licenses if necessary for comp letio n of the contract or service for the end user. With our Annu al Ins pectio n and Ma in tena nce agreeme nt , we agree to bring th e training str uc ture back up to service co ndit io n and he lp the end user ma intain compliance with NFPA 1402. Our structures comply wit h the foll owing standards: A. Nati onal Fi re Protection Association (NFPA) 1. NFPA 1402 -Standard on Faci lities for Fi re Training and Associated Props 2. NFPA 1403 -Standard on Live Fire Tra ining Evolutions B. American Society for Tes ting and Mate r ia ls (ASTM) C. AWS 01.1 -Structura l We lding Code -Steel D. Americ an Institute of Steel Constru ction (AISC), Manual of Steel Construction , latest edi tio n E. Occup ational Safety an d Hea lt h Standa rds (OSHA) 1. 29 CFR 19 10.23 -Guard in g Wa ll and Flo or Ope nings 2. 29 CFR 1910.24 -Fixe d In dus trial Sta ir s 3. 29 CFR 1910.27 -Fixed Ladders F. Steel Deck Ins titu te (S Ol). SOl 30 -Des ign Manua l for Composi te Decks, Fo r m De cks , Roo f Decks ; Steel Deck Institute, Inc. It is important fo r the safety of the tra inees to mainta in comp liance with these standards and stay informed with any potentia l changes . Rece ntly NFPA 1402 went through a major revision causing many suppl iers to redesign the ir standa rd training structures . WHP was ahead of th e cha nges and we had already implemented many of the now req uired featu res into our building system. We continue to lead the ind ustry whe n it comes to introducing new and sa fer fea tures. Also , the Pres id ent of our compa ny is hig hl y respected in the indus try and curren tl y sits on the eva lua tion board for NFPA 1402. All of our ma teria ls packages incl ude design as part of the delivery. We also include a third party engineer review and wet stamp as part of that package as defined in our Pricing proposa l attachm ent. W e offer an optiona l foundati on design l ine item which provides the participa ting entity an option to have us desig n the foundat ion for their use in self-performing or hiring the founda tion installation loca lly, Vendo r Name: Jahn ke & Sons Constr uction , Inc. OocuSign Envel ope 10 : 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 82. NOTIC E: To identify an y exception , or to request any modification , to the Sourcew ell template Contract terms, conditions , or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract sectio n, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and wi ll not automatically be included in the contract. Contract Section Term, Condition, or Specification Exception o r Proposed Modification Documents Ensure your s ubmission document(s) conforms to the following : 1. Do cuments in PDF format are preferred . Doc uments in Word , Excel , or compatible formats may also be provided. 2. Documents should NOT have a security password , as Sourcewe ll may not be able to open the file. It is your so le responsibi lity to ensure that the up loaded document(s) are not either defective , corrupted or blank and that the documents can be opened and viewed b y Sourcewe ll. 3. Sourcewell may reject any response where an y document(s) cannot be opened and vi ewed by Sourcewell. 4. If you need to upload more than one (1) document for a sing le item, you shou ld comb ine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named , in relation to the su bmi ssi on form at it em responding to. For example, if responding to the Marketing Pla n category save the document as "Marketing Plan ." • £riQng -WHP RFP pricing and detail response 1-18-22.pdf-Tuesday January 18, 2022 10:2 5:57 • Financial Strength and Stability -JAHNKE & SONS CONSTRUCTION , INC-POE ISS UED FIN ANC IAL STATEMENTS 2020.pdf - Tuesday January 18, 2022 11 :42 :00 • Marketing Plan /Samples -Marketing Brochures.zip - Monday January 17 , 2022 18 :20:0 1 • WMBE /MBE/SBE or Related Certificates (optiona l) • Warranty Information -Combined Alarm , MODX, Pad genite Interlock warranties sample.pdf -Monday January 17, 2022 18:03:14 • Standard Transaction Document Samples -Sourcewell Transaction Oo cuments.z ip-Tuesda y January 18, 2022 08 :18:15 • Upload Additiona l Pocument -Sales Elowchart.jpg-Monday January 17, 2022 18:20:32 Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86087DF19 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents. and subcontractors are not 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https"//www.treasury.gov/ofac/downloads/sdnlist pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86087DF19 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. J;; By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. -Joseph Kirchner, Executive Vice President, Jahnke and Sons Construction, Inc. dba WHP Trainingtowers The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum_1_PS_ Tralnlng_Simulatlon_Eqpt_ Tech_RFP _011822 Tue December 14 2021 07:23AM I have reviewed the below addendum and attachments (If applicable) ~ Pages 2 Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. Exhibit B Memorandum ______________________________________________________________________________ To: City Council From: City Administrator Re: Grant Acceptance Over $25,000 For: Consent Agenda ______________________________________________________________________________ Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant: The name of the grantor: US Dept of Treasury American Rescue Plan State and Local Recovery Fund (SLFRF) Program passing through Cole County Missouri The amount of the grant: $200,000 The purpose of the grant: Fire Tower Hyde Park Project Any matching requirements or future obligations tied to acceptance of the grant: GL Acct where matching funds will come from (will be used for budget adjustment upon grant acceptance to make budget authority in expense acct shown below whole) No match required. CFDA#: 21.027 Grant Award # (if any): n/a City Department Responsible: Fire Department Employee assigned as Grant Administrator: Matthew Schofield Revenue account # to be amended: 10-990-430010 Federal Grants Expense account # to be amended: 10-990-599507 Hyde Park Burn Building Reviewed by Finance: Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. For Finance Department Use only: Approved with Ordinance _________________; Bill ____________________ on this _______ day of _______, 20_____ Revised 8/2/16 by Ordinance 15545 Bill 2022-112 Exhibit C SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET Sales Tax G Fund: 45-100-495995 Transfer From (To) Surplus $298,461.85 45-990-599507 Hyde Park Burn Building $298,461.85 BILL NO. 2022-112 SUBSTITUTE SPONSORED BY Councilmember Schreiber ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING UTILIZATION OF THE SOURCEWELL CONTRACT, 011822-JHK, WITH WHP TRAININGTOWERS™ OF GRANDVIEW, MO, FOR THE PURCHASE, DESIGN, AND INSTALLATION OF A 5-STORY TOWER AND A 2-STORY RESIDENTIAL/INDUSTRIAL FIRE TRAINING FACILITY AT 2304 HYDE PARK ROAD; APPROVING A CONTRACT WITH UDT, LLC, OF ROLLA, MO, TO DEMOLISH THE EXISTING BUILDING; ACCEPTING AN ADDITIONAL CONTRIBUTION OF $200,000 FROM COLE COUNTY ARPA FUNDS; AND APPROVING NECESSARY BUDGET AMENDMENTS AND SUPPLEMENTAL APPROPRIATIONS FROM WITHIN SALES TAX G GLEANING FUND H. WHEREAS, The Fire Department will utilize a Sourcewell contract to contract with WHP Traininigtowers to purchase, design and install a 5-story tower and 2-story residential/industrial fire training facility at 2304 Hyde Park Road; enter into a contract with UDT, LLC, to demolish the existing building ; accept additional ARPA funds from Cole County. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City of Jefferson enters into a contract with WHP Trainingtowers™ to purchase, design, and install a 5 -story tower and a 2-story residential/industrial fire training facility at 2304 Hyde Park Road. Section 2. The City of Jefferson enters into a contract with UDT, LLC for demolition of the existing building. Section 3. The agreements shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 4. Authorization to accept an additional $200,000 from Cole County ARPA funds, attached hereto as Exhibit B. Section 5. Authorize necessary supplemental appropriations budget amendment from Sales Tax H Fire Station 6 funds and necessary supplemental appropriation to advance the remainder necessary, attached hereto as Exhibit C. Section 6. 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 TerginATTEST: APPROVED AS TO FORM:City ClerkCity AttorneyCERTIFICATION BY MAYORPursuant to Article VII, Section 7.1(5.) Of the Charter of the City of Jefferson, Missouri, Ihereby certify that the sums appropriated in the ordinance are available in the variousfunds to meet the requirements of this bill.Mayor Carrie Tergin 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 UDT, LLC., 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 structure and all debris and other trash items on the lot at the Fire Tower & Bum Building in 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 perfonn the services related to demolition of the structure and grading of lot at the Fire Tower and Bum Building in Jefferson City, Missouri, more particularly described in Exhibit A attached hereto. Contractor further agrees to obtain a demolition penn it 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 Fire Department, and in accordance with the rates and/or amounts of stated in the bid of the Contractor dated 1126/2023, which are by reference made a 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 amount of this contract shall not exceed Thirty-Two Thousand Dollars and Zero Cents ($32,000.00). 3. Notice to Proceed. Contractor shall not begin the work to be perfonned until receipt of written Notice to Proceed, after which the Contractor shall complete said work within Thirty (30) calendar days thereafter. 4. Insurance. Contractor agrees to obtain and maintain throughout the tenn 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 1 0.6.080, 1 0 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. 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 the 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. lndemnitv. 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 (I) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 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 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 e. Work Write-Up f. General Provisions g. U.S. Department of Housing and Urban Development Supplemental General Conditions 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. The safety provisions of applicable laws and building and construction codes, in addition to specific safety and health regulations described by Chapter XIII, Bureau of Labor Standards, Department of Labor, Part 1518, Safety and Health regulations for Construction as outlined in the Federal Register, Volume 36, No. 75, Saturday, April 17, 1971, Title 29-LABOR, shall be observed and the Contractor shall take or cause to be taken, such additional safety and health measures as the Contracting Authority may determine to be reasonably necessary. Safety Training a. Contractor shall provide a ten ( 1 0) 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 ($1 00) for each on- site employee employed by Contractor or its Subcontractor, for each calendar day or portion thereof, such on-site employee is employed without the construction safety 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. Regulations Pursuant to So-Called "Anti-Kickback Act" Title 18, U.S.C. 874 Kickbacks from public works employees: Whoever, by force, intimidations, or threat of procuring dismissal from employment, or by any other manner whatsoever induces any person employed in construction, prosecution, completion or repair of any public building, public work, or building or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which he is entitled under his contract of employment, shall be fined not more than five thousand dollars ($5,000) or imprisoned not more than five years or both. 22. Equal employment Opportunity, Nondiscrimination, and Minority Business Enterprise Utilization. a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, handicap, age, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employments, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contract, state that all qualified applicants will receive consideration from employment without regard to race, color, religion, sex or national origin. c. The Contractor will send to each labor union or representative or workers with which he as a collective bargaining agreement or other contract or understanding, a notice to be provided by the Contract Compliance Officer advising the said labor union or workers' representatives of the Contractor's commitment under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1985, and ofthe rules, regulations and relevant orders of the Secretary of Labor. e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the Department and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. f. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations or orders, this contract may be cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further government funded contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or as otherwise provided by law. g. The Contractor will include the portion of the sentence immediately preceding paragraph ( 1) and the provisions of paragraphs ( 1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a Contractor becomes involved in or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Department, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. h. The Contractor will make affirmative efforts to utilize minority business enterprises for suppliers and subcontractors and will document his efforts to the City. 1. For contracts in excess of$1 0,000, equal opportunity provisions of"Exhibit A" shall apply to this contract. 23. Training and employment of Lower Income Residents of Project Area. a. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U .S.C. 1701 u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in, the area of the project. b. The parties to this contract will comply with the provision of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development ad all applicable rules and orders of the Department issued hereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability that would prevent them from complying with these requirements. 24. 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: (I) 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. 25. Federal Funds to be Used. The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B shall be fully considered in preparing responses and performing work under any resulting award. 26. Notices, All notices required or pennitted hereinunder and required to be in writing may be given by fLrSt 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 27. Jurisdiction. If to the Contractor; UDT, LLC Tonie Cahill 1420 BEast State Hwy 72 Rolla, Missouri 6540 I This agreement and every question arising hereunder shall be interpreted according to the Laws and statutes of the State of Missouri. CITY OF JEFFERSON, MISSOURI UDT,fL~ c ~.?bu>~r~k Title: _!: ,... ~") '/ J _) Date: --.3~1£"---"'~:;,....o/' Mayor Date: ___ _ ATTEST: ATTEST: Title: Title APPROVED AS TO FORM : c;cy~ EXHIBIT A Unit of Number of Days landfill Site to be Item Quantity location Unit Price to Complete used for Debris Number Required Measure Demolition Disposal Fire Tower and Burn Building, 2304 Hy de #0-3 Park 15 REPU BLIC EXHIBIT B-FEDERAL CLAUSES The City of Jefferson is a recipient federal grant funds through the American Rescue Plan Act of 2021. Therefore, the following requirements shall be fully considered in preparing responses and performing work under any resulting award. Access to Records Vendor agrees to provide the City, the Federal Government, and any applicable Federal Adn1inistrator, Director~ the C01nptroller General of the United States, or any of their authorized representative~ s access to any books, docun1ents, papers, and records of the Vendor which arc directly pertinent to this contract for the purposes of n1aking audits, exatninations, excerpts. and transcriptions. The Vendor agrees to pennit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Nothing contained herein shall be construed as intending to litnit or prohibit audits or internal reviews by Federal personnel or the Comptroller General of the United States. Retention Requirements for Records The contractor shall retain financial records, supporting documents, statistical records and all other records pertinent to the financial assistance agreement for a period of three years starting from the date of submission of the final payment request. Authorized representatives of federal awarding agencies, the Federal Inspectors General, the Comptroller General of the United States, the City or any of their designees shall have access to any pertinent books, documents, and records of contractor in order to conduct audits or examinations. The contractor agrees to allow monitoring and auditing by the City and/or authorized representative. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the contractor shall retain records until all litigations, claims or audit findings involving the records have been resolved and final action taken. Breach of Contract 1. In the event of material breach of the contractual obligations by the contractor, the City may cancel the contract. At its sole discretion, the City may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at a minimum the contractor must provide the City within 1 0 working days from notification a written plan detailing how the contractor intends to cure the breach. 2. If the contractor fails to cure the breach or if circumstances demand immediate action, the City will issue a notice of cancellation terminating the contract immediately. If it is determined the City improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract. 3. If the City cancels the contract for breach, the City reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the City deems appropriate and charge the contractor for any additional costs incurred thereby. 4. The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the City for any period in which funds have not been appropriated, and the City shall not be liable for any costs associated with termination caused by lack of appropriations. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Each contractor certifies to the tier above by completing the Certification Regarding Lobbying form, that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of the City, an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Clean Air Act (42 U.S.C. 7401-7671q.) and Federal Water Pollution Control Act (33 u.s.c. 1251-1387) The contractor must comply with the Federal Clean Air Act (42 U.S.C. 7401-7671q), as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Failure to abide by these laws is sufficient grounds to cancel the agreement. By agreeing to this agreement, the contractor certifies that the contractor, its board of directors and principals are following these specific federal laws. Further, the contractor shall report to the City any instance in which the contractor or any member of its board of directors or principals is determined by any administrative agency or by any court in connection with any judicial proceeding to be in noncompliance with any of these specific federal laws. Such report shall be submitted within ten (1 0) working days following such determination. Failure to comply with the reporting requirement may be grounds for termination of this agreement or suspension or debarment of the contractor. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which they are employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b) ( 1) of this section the contractor and any subcontractor responsible there for shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b) (I) of this section. 3. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b )(2) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b) ( 1) through ( 4) of this section. 5. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 6. Contracts for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 oftitle 5. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines, 2 CFR 180. SAM exclusions contain the names of parties debarred, suspended or otherwise excluded by agencies as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, City that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The contractor will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders ofthe Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs ( 1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each contractor or subcontractor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a contractor or subcontractor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Procurement of Recovered Materials The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by the Resources Conservation and Recovery Act. The requirements of this section include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 24 7 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $1 0,000 or the value of the quantity acquired during the preceding fiscal year exceeded $1 0,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401) If the contractor produces subject matter, which is or may be patentable in the course of work sponsored by this agreement, the contractor shall promptly and fully disclose such subject matter in writing to the City. In the event that the contractor fails or declines to file Letters of Patent or to recognize patentable subject matter, the City reserves the right to file the same. The City grants to the contractor the opportunity to acquire an exclusive license, including the right to sublicense, with a royalty consideration paid to the City. Payment of royalties by contractor to the City will be addressed in a separate royalty agreement. Termination 1. Termination for Cause. The City may terminate this agreement, in whole or in part, at any time before the date of completion whenever it is determined that the contractor has failed to comply with the terms and conditions of the agreement. The City shall promptly notify the contractor in writing of such a determination and the reasons for the termination, together with the effective date. The City reserves the right to withhold all or a portion of funds if the contractor violates any term or condition of this agreement. Termination for cause may be considered for evaluating future agreements. The contractor may object to terminations with cause and may provide information and documentation challenging the termination. 2. Termination for Convenience. Both the City and the contractor may terminate the agreement, in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. 3. The City reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the effective date of termination. Domestic Preference for Procurements As appropriate, and to the extent consistent with law (including 2 C.F.R. §200.322)~ the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products~ or materials produced in the United States. This includes, but is not limited to iron, alutninum, steel, cetnent, and other n1anufactured products. Prohibition on certain telecommunications and video surveillance services or equipment Contractors are prohibited from obligating or expending project funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). b. Telecommunications or video surveillance services provided by such entities or using such equipment. c, Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 4. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph ( 1 ), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 5. See Public Law 115-232, section 889 for additional information. 6. See also § 200.4 71. Disadvantaged Business Enterprise Statement Contractors bidding on City contracts funded in whole or in part by assistance from a federal agency shall take the following affirmative steps to assure that small, woman owned, and minority businesses are utilized when possible as sources of supplies, services and construction items. a. Contractors will submit the name and other information, if any, about their DBE sub- contractors along with their bid submissions. b. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors when possible on City contracts. c. Qualified small, woman owned, and minority businesses will be included on solicitation lists as sub-contractors for City supplies, services, and construction. d. Qualified small, woman owned, and minority businesses will be solicited whenever they are potential sources. e. When economically feasible, contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, woman owned, and minority business participation. f. Where the requirements permit, contractors will establish delivery schedules which will encourage participation by small, woman owned and minority businesses. Contractors will use the services and assistance of the Small Business Administration, the Office of Equal Opportunity, and the Community Services Administration. CITY OF JEFFERSON CONSTRUCTION SERVICES AGREEMENT IXHIIITA THIS CONTRACT, by and between the City of Jefferson, Missouri, a municipal corporation of the State of Missouri, hereinafter referred to as "City", and WHP Trainingtowers, hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, Contractor has been selected for furnishing the supervision, labor, tools, equipment, materials and supplies for the following City improvements: installation of a five-story tower and two-story Residential/Industrial Building, as described in Exhibit A and depicted in Exhibit B. NOW THEREFORE, the terms of the Sourcewell Contract: RFP #011822 shall govern, except in instances that conflict with the following terms: 1. 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. 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 (I) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 3. Performance and Materialman's Bonds Reguired. 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. 4. 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. 5. 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. 6. 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. 7. Nondiscrimination. Contractor agrees in the performance of this contract not to discriminate on the grounds of race, creed, color, national origin or ancestry, sex, religion, handicap, age, or political opinion or affiliation, against any employee of Contractor or applicant for employment, and shall include a similar provision in all subcontracts let or awarded hereunder. 8. 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. 9. Construction Safety Program Requirements. a. Contractor shall require all on-site employees to complete the ten-hour safety training program required pursuant to Section 292.675 RSMo, if they have not previously completed the program and have documentation of having done so. All employees working on the project are required to complete the program within sixty (60) days of beginning work on the Project. b. Any employee found on the worksite subject to this section without documentation of the successful completion of the course required under subsection (a) shall be afforded twenty (20) days to produce such documentation before being subject to removal from the project. c. Pursuant to Section 292.675 RSMo., Contractor shall forfeit as a penalty to City Two Thousand Five Hundred Dollars ($2,500.00) plus One Hundred Dollars ($1 00.00) for each employee employed by Contractor or subcontractor, for each calendar day, or portion thereof, such employee is employed without the required training. The penalty shall not begin to accrue until the time periods in subsections (a.) and (b.) have elapsed. City shall withhold and retain from the amount due Contractor under this Contract, all sums and amounts due and owing City as a result of any violation of this section. 10. 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. 2 If to the C ity: C ity of J efferso n Department of Law 320 East McCa11y Street Jefferson C ity, Missouri, 6510 I CITY OF JEFFERSON, MISSOURI Mayo r Date: ---- APPROVED AS TO FORM: lf to the Contractor: WHP Traini ngtowers J oe K ir chn er 5 I 9 Duck Road Grandview, M isso uri 64030. WHP TRAININGTOWERS Ti tle: Date: ___ _ ATTEST: T itle: 3 HP RETHINK HOW YOU TRAIN January 18 '\ 2023 RefNumber: Q-23 17707 (via e mail) Jerry Blomberg, Division Chief of Trai ni ng Je fferso n C ity Fir e Departme nt 320 East McCart y Stree t Je fferson City. MO 6510 I 573 -634-6403 j b lo m berg@ jcffe rso ncit vmo.e:o v Dear Chief Blomberg: We are p lea sed to provide yo u wit h the follow ing proposa l utilizi ng our Sourcewe ll contract number 0 11822 -JHK and the Cit y of Jefferso n City Sourcewe ll contract number I 03420 for a CUSTOM GENERAL ALARM FIVE- STORY WHP trainin g simulator. The simul ator wou ld con s ist of a structure that would approx im ate the following: I. Sect ion A wi ll be a Five-St01·y Tower approx im ate ly 2 1'-11" W x 25 1 -4 " L x 54'-0" H (to top of parapet). a. Four (4) int er io r flo ors (2"d, 3'd , 4111 , 5'11 ) b. One (I ) flat ro of with parap et roof guard system c. One (I) 22 'x26 1 pa inted ste e l ca nopy d. Two (2) 3'-4" doubl e sw ing gates e. Four (4) rapp e lling anchors on th e roo f f. One (I) rapp e ll in g rail g. One (I) 2'-6" x 3'-0" Bil co roof hatc h h. One (I) ve rti ca l ladder from th e 5th floo r up to th e roof hatc h 1. One (I) fiv e-s tory inter io r stair with we ld ed stair rai li ng j. One (I) inset balcony on the second fl oo r with we lded raili ng k. One (I) 4'xT ca ntil evered balcon y at the 3'd fl oor with ra ili ng a nd door I. O ne (I) 4-story galv anized standp ipe w/FDC and 2-hea d s prinkler run m. Five (5) 3' x 7' plat e stee l door and hardware n. Nine (9) 3 I x 4 1 window op enin gs with latching s hutt ers-The four additional sh utt ers will be lo cated: 2"d fl oor B-side , 3'd floor D-s ide , 4'11 and S'h C-S id e. Each add iti onal wi nd ow will hav e an ove r-w in dow rappe ll ing an chor and ba il out prop. o. One (I) 3 ' x 3 ' access hatch to re sid ent ial att ic p. Two (2) 9 1 xT garage doors 2. Sec tion B will be a Two-Story Res identia l/! ndu stria l secti on approximate ly 2 1 '-1 I " W x 35'-0" L x 24 ' -0" H to eave. a. One (I) gable roof, 5/12 and 9/12 un-eq ua l pitch on hal f of roof with perim eter welded g ua rdrail b. One (I) flat roof with parapet wa ll s on ha lf of roof with two (2) swing ga te openings c . Two (2) 6' -0 " cha in gates 519 Duck Road, Grandview, MO 64030 1 P: 800 .35 1.2525 1 www.TrainingTowers .com 1 lnlo@Trai ningTowers.com d. Two (2) chop-o ut s on gab led roof one 48 " x 48" and one 48"x96" e. One (I) attic space prov id ed between the gabled roof a nd th e second floor f. One (I) 3' x 3' framed window opening with latching shu tters at ex terior gabled end of the attic g. Seven (7) 3' x 4' fr ame d wi nd ow openings wit h latching shutt ers h. Two (2) 3' x 4' fra med burn room window openin gs with latchi ng shutters 1. One (I ) 6 'x 4 ' double framed wi ndow openin g with latc hi ng sh utters J. Fo urteen ( 14) 3' x 7' plate stee l door and hardware k. Five (5) 3' x 7' burn room pla te stee l door a nd hardwa re I. Multiple rooms pe r drawing s m. One (I) over-window rappelli ng anchor with bai l out prop n. One (I) two -story interior sta ir wi th we ld ed stair ra ili ng o. One (I) 4'x38' ba lco ny and fi re esca pe to second floor p. One (I) 12 'x l 2' Class A burn ro om on the JS' floor protected with a Padgenit e lnt e rl oc kTM liner system q. One (I) II ' x 16 ' Cla ss B burn room on th e 2"d floor protected with a Padgenite Int erlock™ I i ner syste m r. One (l) 49 "x49" pa ll et style burn c rib s. One (I) 4 'x4 ' attic burn area system 3. Sect ion C will be a One-Story Annex approximate ly 21 '-II" W x 14'-6" L x I 0'-0" H. a. Two (2) 3' x 4' framed window openings with latc hing s hu tters b. One (I) 3' x 7' exterior burn room plate stee l door and hardware c. Entire room sha ll be protected with a Pad ge nite ln ter lockTM li ner system d. One (I) 49 "x49 " pallet style burn crib e. One (I) Tempe ra tur e monitorin g sys tem 4. Othe r incl ud ed opt ions: a. Co ncrete de molition for fo und ation place ment-in clud es sawcut and re mov in g conc rete 5 ' beyo nd th e perimeter of th e new buildin g and rep laci ng the so il up to 72 " b. Foundation design c. Concrete s lab on grade d. 4" concrete sidewalk at the pe rime ter of th e new building e. Concrete fill o n e levated metal deck s f. Gas li ne and cond uit from Jefferso n City sup pli ed propane ta nk to building stub up (up to 100') g. 200 Amp pane l connected to ex isti ng power h. Co nnect b uildin g dra inage to Je fferso n City drai nage sys tem (up to 75') Materials and Freight is: Labor is: S ubcontract is: Total: $739 ,503.05 $497 ,879.80 $56 1.079.00 $1 '798,461.85 Prevailin g Wages: Prevailing wages have been incl uded based on Genera l Decision Numbe r: M020220040 12/23 /2022 for Co le Cou nty Misso ur i. If th e Genera l Deci sio n is updated or a job spec ifi c wage determ inatio n is perforn1ed wage s will be adjusted accordingly and be th e re spon s ibility of the owner. Page 2 of 3 5 19 Duck Road , Gra ndview. MO 64030 1 P : 800.35f.2525 1 www.Trai ningTower s.com 1 lnfo@Traini ngTo wers.com All pricin g is in US Do ll ars and is valid for 30 days . It is th e po li cy of WHP Trai ningtowers™ to provi de a reason able cos t estim ate for your bud ge tin g purposes. It is not un comm on in th e con structi on in dustry to offer cost estimates th at are fo r low end or stripped-down struc tur es . WHP be li e ves t he c ost es timate shou ld refl ect a tra inin g s imul a tor th at meets OS HA safety req uiremen ts, is o fthe hi ghe st quality , and will meet the expectat ions of th e c ustome r. Schedu le: We would require 2-4 we eks to prepare conceptu a l drawin gs aft er award of th e con tract or pu rchase o rder a nd 18-20 weeks for de li ve 1y afte r rece ipt o f approv ed draw ing s. If the fo un da t ion is in p lace t he erecti o n wo uld be comp lete a pprox imat e ly 15-17 week s afte r de li ve 1y of buildin g. Some op tiona l item s such as brick ex te ri ors wi II req uire more tim e to complete e rect ion. Design Criteria: Pricin g is based on th e foll ow in g stru ctura l des ign c rite ri a per IB C 2012 : I. Live Loads-(a) Roo f: IOOpsf (b) Floor: IOO psf (c)Att ic: IOOpsf 2. Wind Loads -(a) Spee d: 115 mph (b) Expos ur e: C 3. Seis mic Loads-(a) Coeffi cie nt Ss [m ax ]: 55 (b) Co effi c ien t S I [max]: 13 4 . So il Capacity -Minimum 1500 lbs/sq.ft . *Require me nt s exceed in g th ese loads may res ult in additi ona l costs. E xclusions: We excl ud e fr om our pro posa l: demo lition of ex ist in g buildi ng, bonds, ta xes , pe rm its, special insur ance req uir eme nt s if any , fi e ld pa intin g of exte ri or ha ndrai ls and sta irs, mecha nic a l, electr ica l, fire protect io n sys te ms, wint e r con diti ons, site wo rk , engin ee ring layo ut a nd ge nera l cond iti on ite ms and an y ot he r misce l lan eo us fees . Terms: For mate ri a ls a depos it of25% on the bui ld in g package is du e o n rece ipt o f o rde r (sig ning of contract). Ba lance of pay me nt on ma teri a ls du e on deli ve ry to s it e. No retent ion on materia ls . Labor will be billed mo nthly . Invoi ces not in di s put e ove r 30 days will be assesse d I ~%pe r month on ba la nces in exce ss o f 30 days . F ina ncin g is ava il a bl e throug h lease purchase prog rams. We hope yo u fi nd the propos al acceptabl e. If we can prov ide you with furth er informa tion please fe e l free to ca ll. Sin ce re ly, Ca pt. Ro b Va n Bi bbe r (Ret.) WHP Tra inin gtow ersTM Pa g e 3 of 3 519 D uck Road , G randview, MO 64030 1 P : 800.35f.2525 1 www.T rainin gTowers.com 1 lnfo@Trai ningTow ers.com m 1--m -% t.1 @-- ®- @-- ®---- ,.- (e ', r-v ..,11:£ x r·r ""'" avtiii<AI~ca:JI "''' .. 'a..c:a..O.....,...,NII( \~ \~ ........ T SECTION •g• @/J -__ ... i ..n.·~·~ ;y so.-..c fVK AIIIU.l ~CJ..trt'(J rl[Dt L(V[L rQ SllL l[Yfl. ~liD RESIDENTIAL 2ND FLOOR PLAN AND ANNEX RO(Jl:........E.LAt:':!. $CAL£ 11•· ~ r -o· T T \~ ........ <® SECTION • .,. SECTION T \~ ........ TOV/ER RESIDENTIAl ANO ANNEX lS T FLOOR PLAN SCAI..[• 1/4• • ''·0" SECTION •c• BURN ROOM 12 -- r l T{IIII'(IMJ .. IIQIII:Ifc.K.S•1tl• >-D::o:: ~0 U)t-w:5 >:J U:::E 'iii :E(!) D::z :5:z c(-..J~ ~~ Wo:: z-wu. 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D::z 5z c(--~~ ~~- UJW z~ wLL (!) 0:: ~ ::l :I; iii Cl z z ~ I- I-z w :I; ~ w 0 w 0:: u::: =:r1":""~-~ ti+n&"'~ ~.9:::.:.3 ~:=.:.F- a~:· ~~ aG:..:.SV.:i ~~:r"'i· ~~'l'JL !~ ~-~ ~~~ ··~ee ~~~ 2 IZ c.v I ~ 1 1 =-=: ~ p • \:I I ~ \ : I nll=tliJE=fl --® ll!Oll soc AllJ LITI SOC u£VAra.s ---e GENERAL ALARM -FIVE STORY FIRE TRAINING SIMULATOR FIRE DEPARTMENT TRAIN ING SIMULATOR f 1 -e --® ~NHP • O• 01' .w-e "1'4 Do\ toors""-Ctoo ..C. S1 t OJOI'II)~•IIOl<4XI IQ... 1 U •lU·.lU-J .._....,~··- 10.1."1U'· .. .bi•U.U ••• _..._._ z ~l "flri ... "' ~ REAR SOC IIJJ laOH 90£ UEVATICI.~ ~ GENERAL ALARM-FIVE STORY FI RE TRAINING SIMULATOR FIRE DEPARTMENT TRAINI NG SIM ULATOR fNHP •Ch'l:r..........:lN<OJO'ItCD>SI'I'II.Iti!Or<r<. l!tDuOCIC~•~hOJQ lQ.. tU ·Je)·ltU lo·--..,.._•c- I'Q.lll'l[lt*«»-l5t-nH ..... -"1~- DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Sourcewe~~ ~: Solicitation Number: RFP #011822 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Jahnke & Sons Construction, Inc., dba WHP Trainingtowers, 519 Duck Road, Grandview, MO 64030 (Supplier). Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Public Safety Training and Simulation Equipment and Technology from which Supplier was awarded a contract. Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires March 23, 2026, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier. C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Rev. 3/2021 1 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier's Equipment, Products, or Services Proposal {Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that extends beyond the expiration of the Supplier's warranty will be passed on to the Participating Entity. C. DEALERS/ DISTRIBUTORS/ AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplierls authorized dealers, distributors, or resellers relative to the Equipment/ Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier's responsibility to ensure Sourcewell receives the most current information. 3. PRICING All Equipment/ Products/ or Services under this Contract will be priced at or below the price stated in Supplierls Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment1 Products/ and Services that are operational for their intended purpose, and includes all costs to the Participating Entity1 s requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be Rev.3/2021 2 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products. B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; Rev.3/2021 3 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference. 5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Supplier's employees may be required to perform work at government- owned facilities, including schools. Supplier's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell Rev. 3/2021 4 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract. Supplier's acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements}, or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev.3/2021 5 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report {Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made). The Report must contain the following fields: • Participating Entity Name {e.g., City of Staples Highway Department); • Participating Entity Physical Street Address; • Participating Entity City; • Participating Entity State/Province; • Participating Entity Zip/Postal Code; • Participating Entity Contact Name; • Participating Entity Contact Email Address; • Participating Entity Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Supplier. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased Rev.3/2021 6 DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier's name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Supplier's Authorized Representative is the person named in the Supplier's Proposal. If Supplier's Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties. D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties. Rev.3/2021 7 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern. F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent. 11. INDEMNITY AND HOLD HARMLESS Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell's responsibility will be governed by the State of Minnesota's Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law. 12. GOVERNMENT DATA PRACTICES Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Supplier. b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier's trademarks in advertising and promotional materials for the purpose of marketing Supplier's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, Rev.3/2021 8 OocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK resellers, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Neither party may alter the other party's trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos. b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's trademarks only in good faith and in a dignified manner consistent with such party's use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract. D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev.3/2021 9 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK 14. GOVERNING LAW, JURISDICTION, AND VENUE The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 3/2021 10 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. lB. INSURANCE A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy{ies) in effect at all times during the performance of this Contract with insurance company{ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A-or better, with coverage and limits of insurance not less than the following: 1. Workers' Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office {"ISO") Commercial General liability Form CG0001 {2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms Rev.3/2021 11 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK no less broad than ISO Business Auto Coverage Form CA 0001 {2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer's Liability, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier's professional services required under this Contract. Minimum Limits: $2,000,000 per claim or event $2,000,000-annual aggregate 6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data-including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Rev. 3/2021 12 DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision{s) or endorsement{s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Supplier waives and must require {by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy{ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing. Rev.3/2021 13 DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State· of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to 11 federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Supplier's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of 11federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, 11 Equal Employment Opportunity'' (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, 11Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, 11 0ffice of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, 11 Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with Rev. 3/2021 14 DocuSign Envelope 10: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 011822-JHK the Copeland "Anti-Kickback" Act {40 U.S.C. § 3145), as supplemented by Department of Labor regulations {29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT {40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations {29 C.F.R. § 5). Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of "funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT {33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act {42 U.S.C. § 7401-7671q) and the Federal Water Pollution Control Act as amended {33 U.S.C. § 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Rev.3/2021 15 DocuSign Envelope 10: 2221D3EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 {3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment {31 u.s.c. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and Rev.3/2021 16 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 011822-JHK records of Supplier that are directly pertinent to Supplier's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval. N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user. 0. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier's actions pertaining to this Contract or any purchase by a Participating Entity. P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments. Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested. Rev.3/2021 17 OocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C860B70F19 011822-JHK R. U.S. EXECUTIVE ORDER 13224. The Supplier~ and its subcontractors~ must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism. S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable~ Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216. T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable~ Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 22. CANCELLATION Sourcewell or Supplier may cancel this Contract at any time~ with or without cause~ upon 60 days~ written notice to the other party. However~ Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier1 S Proposal. Cancellation of this Contract does not relieve either party of financial~ product~ or service obligations incurred or accrued prior to cancellation. Sourcewell By:G;;~,:~~~~ Jeremy Schwartz Title: Chief Procurement Officer 3/18/2022 I 4:14 PM COT Date: ----------------------------------------- Approved: [p~'&d By: 7E42B8F817A64CC ... Chad Coauette Title: Executive Director/CEO 3/23/2022 I 7:01 PM COT Date: ----------------------- Rev.3/2021 Jahnke & Sons Construction~ lnc.1 dba WHP Trainingtowers "OocuSigned by: By: ~~L.,:rcku Joseph P. Kirchner Title: Executive Vice President 3/23/2022 I 6:37 PM COT Date: ---------------------------------- 18 DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 RFP 011822 -Public Safety Training and Simulation Equipment and Technology Vendor Details Company Name: Jahnke & Sons Construction, Inc. Does your company conduct business under any other name? If WHP Trainingtowers yes, please state: Address: Contact: Email: Phone: Fax: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction#: Submitter's I P Address: Bid Number: RFP 011822 519 Duck Rd Grandview, MO 64030 Rob VanBibber info@trainingtowers.com 913-385-3663 800-736-7594 742855791 Monday January 17,2022 08:51:32 Tuesday January 18, 2022 16:02:10 Rob VanBibber info@trainingtowers.com 5b9a1 bf2-b73f-4ed1-b976-1 f3162de71 e6 45.16.238.177 ------------··-···------ Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 Specifications Table 1: Propose r Id e ntity & Authorized Represe ntatives Ge nera l Instruc ti o n s (app lies to all Tables) Sourcewell prefe rs a brief but tho rough response to each question. Do no t mere ly attach add itiona l documents to your response without also providing a substan tive re sp onse. Do not leave answers blank ; respond "N/A" if th e question does not apply to you (preferabl y with an exp lanation). Line Qu est ion Respo nse • Ite m 1 Proposer Legal Name (one legal entity on ly): Jahnke and Sons Cons tru ction , Inc. (In the event of award , wi ll execute the . resulting contract as "Supplie r'') 2 Identify all subsidiary entities of the Proposer WHP Trainingtowers whose equipment , products , or services are . in cl uded in the Proposal. 3 Identify all applicable assumed nam es or DBA WHP Trainingtowers names of the Proposer or Proposer's . subsidiaries in Line 1 or Line 2 above. 4 Provide your CAGE code or DUNS number: Cage Code: 1 LD28 ., DUNS : 04-663 -5053 5 Proposer Physi cal Address : 519 Duck Road -Gra ndview. MO 64030 6 Proposer website address (o r addresses): www.trai ni ngtowers.com . 7 Proposer's Authorized Representative (name, Joseph P. Kirchner title. address. email address & phone) (The Exe cutive Vi ce President representative must have authority to sign 519 Duck Road the "Proposer's Assurance of Compliance" on Grandview. MO 64030 ' behalf of the Proposer and. in the event of joek@trainingtowers .com award , wi ll be expected to execute the 913-343-0446 resu lting contract): 8 Proposer's primary co ntact for this proposal Joseph P. Kirchner (name . titl e. ad dress , ema il address & phone): Executive Vice Pres ident 519 Duck Road . Gra ndview. MO 64030 joek@trainingtowers .com 913-343 -0446 9 Proposer's other contacts for this proposal . if Magg ie Scaletty any (name. title. address. email address & Chief Ope ra ti ng Office r phon e): 519 Duck Road Grandview. MO 64030 maggies@training towers.com 913 -385-3 663 Tabl e 2: Company Informatio n and Financial Stre ngth ~~~: l a uestion !Respo nse • Bid Num ber: RFP 0 11822 Vendor Name: Jahnke & S ons C onst ruc t ion, Inc. DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 10 11 12 13 14 15 16 Provide a brief history of your company, including your company's core values, business philosophy, and industry longevity related to the requested equipment, products or services. What are your company's expectations in the event of an award? Demonstrate your financial strength and stability with meaningful data. This could include such items as financial statements, SEC filings, credit and bond ratings, letters of credit, and detailed reference letters. Upload supporting documents (as applicable) in the document upload section of your response. What is your US market share for the solutions that you are proposing? What is your Canadian market share for the solutions that you are proposing? Has your business ever petitioned for bankruptcy protection? If so, explain in detail. How is your organization best described: is it a manufacturer, a distributor/dealer/reseller, or a service provider? Answer whichever question (either a) or b) just below) best applies to your organization. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer of the products proposed in this RFP. If applicable, is your dealer network independent or company owned? b) If your company is best described as a manufacturer or service provider, describe your relationship with your sales and service force and with your dealer network in delivering the products and services proposed in this RFP. Are these individuals your employees, or the employees of a third party? Bid Number: RFP 011822 Jahnke & Sons Construction, Inc. (JSC) dlb/a WHP TrainingtowersTM (WHP) is a family-owned corporation in the 24th year of business. JSC was established as a local construction company by the owner, Chief William Jahnke (Ret.). In 1997, Chief Jahnke retired as Chief of the Overland Park, KS Fire Department. In 1998, Chief Jahnke acquired WHP. WHP sells pre-engineered fire training towers to fire departments, military, governments, and municipalities throughout the world. JSC's 23 employees work diligently to market, sell, and make the best metal training facility on the market. WHP was established in 1980 and was the first company on the market to offer an alternative to older costly concrete designs. At WHP, we plan, construct, and stand behind the strongest, most rugged metal structure in the fire training business. Our experience, quality and innovation can be seen in more than 900 training tower installations over forty years. We believe that in order to ensure our customers receive the most quality products with the most value for their training program, our involvement throughout the process is critical from start to finish. The majority of our projects are turn-key from design, to fabrication, delivery, and installation. We don't stop there as we also provide training, maintenance, and inspection services after completion of the project. The safety of our communities rides on the success of each of our installations for each individual customer. A Sourcewell contract award would allow JSC dba WHP Trainingtowers to reach more customers looking to improve their training programs. At the end of 2021 we moved our corporate and production facilities to a larger location. This move has doubled our production capacity as well as providing over 4 acres of paved staging and outdoor warehousing space. By marketing a newly executed Sourcewell contract, and creating awareness of our new purchasing platform, we expect to generate immediate interest in both your existing customer base as well as peak the interest of potential customers looking for a purchasing program such as Sourcewell. Financial documents have been attached in the documents portion of our response. Our market share for the US market for metal fire training towers is 60%. In 2021 the portion of our overall revenues to the Canadian government was 12.5% and our Canadian Market Share for Steel Fire Training Facilities is 40% of the Canadian Market. No. From the descriptions provided, JSC dba WHP Trainingtowers is best described as a manufacturer and service provider. There are components of our overall system which we source from our network of suppliers, however as a whole, we design the each training structure, complete the procurement of raw materials and components, and deliver the complete building package to our specifications. Our sales &service force is a combined team of both JSC sales & service employees and regionally located individuals providing sales & services as a third party. This format allows our direct employees to provide immediate functions during the sales and service cycle and assist our outside sales & service team as necessary. We also have the ability to expand capacity quickly through our outside sales & service team. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD -9280-45C86DB7DF19 17 If applicable , provide a detailed explanation We have provided the Fire Service with more pre-engineered metal fire training outlining the licenses and certifications that towers and buildings than any other supplier in the wortd and have done so as a are both required to be held , and actually licensed turn key contractor and building supplier. WHP is currently licensed in 25 held, by your organization (including third stales throughout the United States with the ability to obtain/activate additional parties and subcontractors that you use) in licenses when necessary for a specific project. There are 16 states that do not . pursuit of the business contemplated by this require a co ntractor's license to work in their state. We also provide a third party RFP. engineer review of every training structure we deliver. Our third party enginee rs has the ability to wet stamp our engineered documents in all 50 states as well as every Canadian Province . Engineer wet stamps are required by NFPA 1402. 18 Provide all ·suspension or Debarment" N/A. information that has applied to your orga nization during the past ten years . Tabl e 3: Indus try Recog nition & Mar ketp lace Su ccess Line Question Response • Item 19 Describe any relevant industry awards or We do not have record of any re levant industry awa rds within the past 5 years. recognition that your company has received in the past five years 20 What percentag e of your sales are to the In the past 3 years 98.23%% of our sales have been to Federal, State and Local governmen tal sector in the pas t th ree years Government. 9.63% is federa l government contracts and 1.77% of our sales are to . industry customers. 21 Wha t percentage of your sales are to the Percentage of sa les to the educationa l is 5.48% education sector in the past three years 22 List any state, provincial . or cooperative GSA Contract # GS07F5448P purchasing contracts that you hold. What is the annual sales volume for each of these contracts over the past three years? 23 List any GSA contracts or Standing Offers GSA Contract # GS07F5448P and Supply Arrangements (SOSA) that you hold. What is the annual sales vo lume for 2019 Sales: $894 ,300.32 . each of these con tra cts over the pa st thre e 2020 Sales: $2,532,166.06 years? 2021 Sales: $1 ,041 ,757.56 Table 4: Ref e re n ces/Test imon ials Lin e I tem 24. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name • Contact Name • Phone Number • Colorado Division of Fire Prevention and Mark Quick 9707495100 Control University of Maryland Fire Rescue In stitute Pa trick Marlatt 3012269900 Brookline Fire Department John Sullivan 6177302272 . City of Fairfield Fire Department Donald Bennett 5138675379 Massachusetts Department of Fire Services Peter Shipman 9785673164 Bid Number: RFP 011822 Vendor Name : J ahnke & Sons Constructio n, Inc. DocuSign Envelope ID : 2221 D3EA-4FOF -46BD-9280-45C86DB7DF19 Table 5: Top Five Government or Education Customers Lin e Item 25. Provide a list of your top five government, education , or non-profit custome rs (entity name is optional), including e ntity type , the state or province the entity is located in , scope of the project(s), size of transaction(s), and doll ar vo lumes from the past th ree years. Entity Name Entity Type • State I S c ope of Work • Size o f Transac tio ns • Dollar V o lume Pas t Three Province· Years · Farme(s Government Texas-TX Tum-Key design, manufacture , 51,536 ,443.56 50.00 Branch Fire install of a custom high-rise fire Department train ing structure including . foundation design, foundation installation, and utilities. Pa lm Beach Government Florida-FL Turn-Key design, manufacture , 51 ,472,411.86 $1,472,411 .86 Gardens Fire install of a custom high-rise fire Department training structure including . foundatio n design, foundation installation, and utilities. Luzerne Education Pennsylvania -Turn-Key design , manufacture , 51 ,365 ,878.49 527,908.49 Community PA install of a custom high-rise fire College training structure and service Santa C larita Education California -CA Turn-Key design, manufacture, $2,168,284.00 $0.00 Community install of a custom high·rise fire Co llege training structure including . foundation design , and foundation installation . Los Angeles Government California -CA Tum-Key design , manufacture . $4,370,680.60 SO.OO County install of a custom hazmat . training center. Table 6: Ability to Sell a nd Deliver Service Describe your company's capab ili ty to meet the needs of So u rcewe ll part icipating enti ties across the US and Canada, as app licable . Your re sponse should address in detail at least the following areas : locations of your network of sa les and service providers, th e number of workers (full-time equiva lents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sa les and service functions. ~~~~ !Questio n I Res ponse • Bid Number: R F P 011822 Vendor Nam e : Jahnke & Sons Constru ctio n , Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 26 27 28 29 30 31 32 Sales force. Dealer network or other distribution methods. Service force. Describe the ordering process. If orders will be handled by distributors, dealers or others, explain the respective roles of the Proposer and others. Describe in detail the process and procedure of your customer service program, if applicable. Include your response-time capabilities and commitments, as well as any incentives that help your providers meet your stated service goals or promises. Describe your ability and willingness to provide your products and services to Sourcewell participating entities in the United States. Describe your ability and willingness to provide your products and services to Sourcewell participating entities in Canada. Bid Number: RFP 011822 The WHP sales team is made up of two internal sales representatives, three contracted external sales representatives, and two internal auxiliary sales staff. Our internal sales staff is located at our corporate location in Missouri while the three outside sales people represent the Northeast. Southeast and South regions. Together, they call on potential clients and create a custom fire training tower that fits the needs and wants of each client's community. Our sales force works together to meet the following objectives: • Increase sales and profits • Increase customer numbers • Increase upsells and cross-sells • Increase productivity • Enhancing the sales process. For years, WHP has been at the forefront of customer-focused fire training towers, offering a full tum-key approach to department's fire training needs. Over this time, we have built a wealth of knowledge, from industry experts and experience, in what department's need and want for their community. Combining our industry knowledge and our experience in delivering complex training towers, WHP is well placed to help customers quickly see a return on their investments. We understand that a successful implementation is more than just delivering a building, this is why we also work with our clients to provide post-sale support and deliver a training program to enable their department. By choosing this approach, departments will directly benefit from our expertise and knowledge of the industry. While the fire industry faces different challenges within their community, we know our clients have individual needs and priorities. Our team is flexible and adaptable to easily configure a custom training tower that will fit and help any department's needs and wants. Our consultants will work with the departments to identify which capabilities are required and deliver those priorities accordingly. Using our in-house production and manufacturing team, allows us to accelerate this process and help departments move quickly into building their fire training tower. Most all of our sales are direct to customer sales. We feel that it is important to communicate directly with our customers as much as possible during the design, manufacturing, delivery, installation, and post-sale support. We do sell some products through our network of affiliates when it makes the most sense for the end use customer. The WHP service team comprises of two field technicians, two service technicians, and a third party contracted service company. We have the ability to deploy personnel to five separate locations at one time, or combine a team of technicians for larger service calls. Our technicians also communicate remotely with our customers, answering questions and helping our customers with simple upgrades or modifications. After the inside or outside salesperson has refined the design to meet the customer's needs and the order is processed, the Inside salesperson then submits the customer's purchase order to our project management team. All orders are initially reviewed by the salesperson who is the point of contact during the sale, then they are submitted to project management for initial logging and to start the project cycle. The salesperson is involved in the project hand-off and to answer any specific questions that the customer or the project management team have prior to the start of the project cycle. Customer service comes through several channels, typically from project management, warranty, sales, or web contact. Each inquiry is logged into our CS database system by the database manager and tagged based on subject. The subject tag initiates the team member with the best expertise to solve the customers issue/concern. Many CS items are resolved utilizing remote communication for example instructions on operating a temperature monitoring system would be handled by our a technical service team member. Our initial response goal is 24 hours, with follow-up remote service able to be conducted immediately. CS requests that involve field service can typically be performed within two weeks, depending on complexity and customer urgency. In rare urgent cases, we have mobilized within 24 hours for customer service. As a US based company, the majority of our projects fall within the United States. As stated previously, our contractor licensing resume and ability to obtain additional local licenses or certifications allows us to work anywhere in the United States. The majority of the projects we provide to Canada are materials supply contracts for installation by local professionals. We limit our current staff to work under our licenses in the United States, but we do make available our technicians to consult on Canadian installations either remotely or in-person at the customer's request. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 33 Identify any geographic areas of the United We are currently able to provide material products and service in all parts of the States or Canada that you will NOT be United States and material products in Canada. We offer consultation services in fully serving through the proposed contract. Canada for the installation portion of the project. 34 Identify any Sourcewell participating entity We currently do not have a limit on participating entity sectors. sectors (i.e., government, education. not-for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example. does your company have only a regional presence. or do other cooperative purchasing contracts limit your ability to promote another contract? 35 Define any specific contract requirements Some of these regions require the local workforce to supply a percentage of the or restrictions that would apply to our work on the project. If this Is the case, we would work with the customer to provide participating entities in Hawaii and Alaska the appropriate amount of field consulting to ensure proper installation of the and in US Territories. product(s). Labor and Freight rates will be affected in these regions also. Table 7: Marketing Plan Line Item 36 37 38 39 Question Describe your marketing strategy for promoting this contract opportunity. Response •' j Each year, WHP's marketing focuses on eight main objectives: Upload representative samples of your 1. Increase lead quality marketing materials (if applicable) in 2. Reduce the percentage of lost sales Increase a customer's lifetime value the document upload section of your 3. response. 4. Improve awareness and demand around new products New product launches Describe your use of technology and digital data (e.g., social media, metadata usage) to enhance marketing effectiveness. In your view, what is Sourcewell's role in promoting contracts arising out of this RFP? How will you integrate a Sourcewell-awarded contract into your sales process? Are your products or services available through an a-procurement ordering process? If so, describe your a-procurement system and how governmental and educational customers have used it. 5. 6. 7. 8. Increase profitability Create new revenue Increased brand awareness. Partnered with the sales team, WHP attends an average of 20 trade shows each year to obtain these objectives. Promotion of these shows is done through social media marketing, email blasts, networking and direct paid advertisements. As a result, we see hundreds of potential new customers each year through trade shows. The opportunity to hold a Sourcewell contract will give us the ability to promote the contract as a tool for customers to get the quality product they envision for their community in a streamlined, turn-key delivery method. We understand that not all opportunities will fit within this contract, however, out goal will be to present our Sourcewell contract as one of the primary solutions available to them. Knowing our historic customer base. it will give us the opportunity to introduce many more entities to the Sourcewell name. Currently, WHP's products are featured on Facebook, lnstagram, YouTube, and Linkedln. We have gained followers and interacted with over 4200 customers through these outlets since January 1, 2022. Through these outlets we promote our new customers that are added to the WHP Family, training articles, well wishes for holidays, grant information, partner companies, and blog entries. As we tell our customers, we are experts in our field, just like Sourcewell is the expert in getting their participating entities the resources they need. We have designed and constructed over 900 projects, but we have never built the same thing twice. All of our customers are unique and we use the historic knowledge of our past customers to help each new customer define a solution that best fits their needs. We aren't interested in trying to sell them the same thing we sold before. We want to listen to them and provide them the best solution and we feel that Sourcewell's role will be to help the participating entities understand the ease of procuring a training solution specific to their community's needs. We do not currently have an a-procurement platform for our products. .. .. .. Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID : 2221D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 8: Value-Added Attributes Line Item 40 41 42 43 44 45 Question Describe any product, equipment, maintenance, or operator training programs that you offer to Sourcewell participating entities. Include details , such as whether training is standard or optional , who provides training , and any costs that apply. Describe any technologica l advances that your proposed products or services offer. Describe any "green" initiatives that relate to your company or to your products or services , and include a list of the cert ifyi ng agency for each . Identify any third-party issued eco- labels, ratings or certifications that your company has received for th e equipment or products included in your Proposal re lated to energy efficiency or conserva tion , life-cycle design (cradle-t o-cradle), or other green/sustainability factors. Describe any Women or Minority Business Entity (WMBE), Small Business Entity (SBE), or veteran owned business cert ifications that you r company or hub partners have obtained. Upload documentation of certi fi cation (as applicable) in th e document upload section of your response. Wha t unique attributes does your company, your products , or your services offer to Sourcewell participating entities? What makes your proposed solutions unique in your industry as it app lies to Sourcewe ll participating entities? Bid Number: RFP 01 1822 Respons e • We list a two-day Live Fire Fixed Faci l ity Training Cou rse conducted at the customer's training facility for up to 12 trainees. The course complies with NFPA 1403 standards . In addition, the course will be customized to meet the specific requirements of the fire department. This content as we ll as current prin ciples and practices associated with live bum training will be fac il itated by a WHP Trainingtowers Training Consultant. This course delivery will consist of the purposes and processes necessary to comply with NFPA 1403 standards to ensuring that live fire training evolutions are conducted in safe facilities with minimal exposure to health and safety hazards for fire figh ters. This includes both curriculum-based team ing as well as hands-on practical training in the fire department's own fixed facility structure . This course will include a minimum of 4-hours that will consist of an active overview including the completion of live burn tra ining evolutions and burn procedures with the instructor in order to review practical live fire training applications specific to the cus tomer. The textbook associated with this course is Live Fire Training: Principles and Practice . 1st Edition. ISBN-13 : 9781284041231. WHP Train ing Towers will not supply the textbooks as they are not required for course completion. Upon successful completion of this course, trainers will receive a certification of course completion from WHP Trainingtowers stating successful completion of the requirements as stated within NFPA 1403 standards. This is an optional program and costs $7,125 per sess ion and is detailed in our pricing attachment. Specific to our burn ro oms, we offer out Patent Pending Padgenile lnterlockTM thermal lining system. This thermal lining system is further described i n the attached marketing material , however the highlights of this product include reduced maintenance, highes t surface durab ility on the market , and the best overall thermal resistance as compared to the durability. We also are offing our Patent Pending MODx modular fire training structures. These structures offer a modular construction solution without the need for structural walls. This allows the walls, windows , and doors to be interchangeable unlike other building systems requiring fixed structural walls and sta ti onary doors and windows. With ou r burn rooms we include a battery operated WIF I enabled tempera ture monitoring system. This system allows for viewing and operation from up to 5 handheld devices through the available app. As our tra ining structures are primari ly manufactured from steel , we fo llow ini tia tives to utilized recycled content in our raw steel products. Our initiative is relevant to the "Leaders in Energy and Environment Design " LEED rating system. Our Alarm Series raw structura l materials are manufactured in accordance with ISO 9001 quality standards. Ou r Padgenite l nterlockTM raw th erma l materials are manufactured in accordance wi th ISO 900 1 quality standards We are registered as a small business through SAM (Sy stem fo r Award Management). We are the only provider in the industry offering the Patent Pending MODxTM , Patent Pending Padgenite lnterlockTM , and exclusive Alarm SeriesTM products. We also offer freight and labor for installation making this a true turn-key so lution, unique to others in the industry. Because these products are so unique, having our company, the manufacturer, also provide th e installation makes this a true turn-key benefit for the customer knowing they have one point of contact throughout the process and beyond. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 9A: Warranty Describe in detail your manufacturer warranty program, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line ~esponse* '• ':· .. Item Question j '. .; ::::': I . .. 46 Do your warranties cover all products, parts, and WHP Trainingtowers carries various warranties across our line of products labor? from 1 year to 40 years. We offer a standard 1 year labor warranty, then . extended warranties on various materials as defined in the attached warranty samples. 47 Do your warranties impose usage restrictions or Our warranties do require end users to operate the structure per NFPA or * other limitations that adversely affect coverage? any other state guidelines and maintain the system per the O&M manual. 48 Do your warranties cover the expense of Our labor warranties do cover all costs associated with labor including time, technicians' travel time and mileage to perform travel, and mileage. .. warranty repairs? 49 Are there any geographic regions of the United We have the ability to provide warranty repairs in all 50 states. We do not States or Canada (as applicable) for which you have labor available in Canada at this time, however we do work with cannot provide a certified technician to perform companies within Canada to ensure warranty issues are addressed in a .. warranty repairs? How will Sourcewell timely manner. participating entities in these regions be provided service for warranty repair? 50 Will you cover warranty service for items made by The majority of our warranties are direct warranties from WHP other manufacturers that are part of your proposal, Trainingtowers as the manufacturer/installer. We do have some extended or are these warranties issues typically passed on warranties from our network of material vendors. Some vendors we have ·• to the original equipment manufacturer? worked with for over 25 years and have a long standing relationship to ensure warranty issues are addressed properly. 51 What are your proposed exchange and return In most cases, we will repair or replace the material in question and if it is * programs and policies? no longer available we will replace with a material of equal or greater value. 52 Describe any service contract options for the We provide an option for an annual inspection/maintenance visit which items included in your proposal. includes labor and a small amount of stock materials for any repairs . necessary. This item is detailed in our pricing attachment. Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope ID: 2221 D3EA-4FOF-468D-9280-45C86DB7DF19 Table 98: Performance Standards or Guarantees Describe in detail your performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your performance materials (if applicable) in the document upload section of your response in addition to responding to the questions below. Line Item 53 54 Question Describe any performance standards or guarantees that apply to your services Describe any service standards or guarantees that apply to your services (policies, metrics, KPis, etc.) Bid Number: RFP 011822 , .... ··. :;:--· .:· ' ''· '· .. ' '· .. :·~. ;,::~~~; :-:.:._.;' :', : The reason WHP Trainingtowers gravitates towards a tum-key solution centers around our ability to control the process and provide a full guarantee to the customer. With our direct involvement throughout the process from design to engineering and manufacturing to installation; we take full responsibility for the success of the project. We have been providing these services for years and our customers expect us to stand behind our products because we are involved in every aspect of their project. The customer has one phone call to make and we take care of the rest. Specific standards we have in place include: • Track each instance of reported incorrect parts/assemblies and identify if the problem is with the CAD, tool-paths or process and amend as needed. • Track makeup· shipments per project, then correct master packing lists, takeoff spreadsheets or embedded CAD blocks as necessary. Review takeoff/shipping procedures if the makeup shipments exceed .25 per project. • Track weld/fitting re-works during QC. Do additional training if re-work exceeds 1% of welds or one in 10 assemblies for fit-up issues. • Track shipment requested date and date shipments are assembled for departure. Track down where issues that cause any late shipments and adjust Kanban limits/lead time guidelines as necessary. • Review each project with the installer to address any shortages, fitment issues, or design change requests. • CNC equipment to be checked for slop, binding and squareness as recommended by manufacturer or shop procedures. CNC operators to be trained and cleared by the shop manager. • Welders are certified and checked out by shop management. Specific standards which apply to our services include: • All installations are punch-list walked through by an in-house WHP Installation Inspector before completion. • Items that cause field issues more than three times shall have the installation details reviewed and edits or re-engineering notes sent to installation technicians/contractors. • All shipments from WHP/vendors shall be checked and contents verified upon delivery to prevent delays in the case of shortages. • Shortages, fit-up issues or incorrect hardware is reported to PM for review with the vendor or WHP shop to correct as needed. • Any deficiency requiring a charge-back shall generate a report explaining the specific issue, the field remedy, and a recommended correction. Vendor Name: Jahnke & Sons Construction, Inc. DocuS ign Envelope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 10: Paym e nt Terms and Financing Options Line Qu estion Item 55 Descri be your payment terms and accepted payment methods . 56 Describe any leasing or financing options available for use by educationa l or governmental entities. 57 Describe any standard transaction documents that you propose to use in connection with an awarded contract (orde r forms . terms and conditions . service level agreements , etc.). Up load a sample of each (as applicable) in the document upload sect ion of your response. 58 Do you accept the P-card procurement and payment process? If so , is there any additional cost to Sourcewell part icipating entities fo r using this process? Bid Number: RFP 011822 Res p on se • In general , our payment te rms are as follows, however can be negotiable depending on cus tomer's req uirements: For materials a deposit of 25% on the bu ilding package is due on receipt of order (signing of contract). Ba lance of paymen t on materials due on . delivery to site. No retention on mate rials. Labo r will be billed monthly. Invoices not in dispute over 30 days wi ll be assessed 1 Y2 % per month on balances in excess of 30 days. We work with lease/finance companies to provide financing options. . These options can be quoted . as an open market line-item cost. Once a contract is awa rded , we wi ll adhere to the terms and conditions se t forth in the Sou rcewell contract. Individual transactions with partici pat i ng entities can either be contracted wit h . their PO or we can issue a written co nstruction con tract, a sample of which has been prov ided in th e attachment section. We are not set up fo r P-Card procurement at this lime . . Vendor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as described in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Item 59 60 61 62 63 64 65 66 Question ! I Describe your pricing model (e.g., line-item discounts or product-category discounts). Provide detailed pricing data (including standard or list pricing and the Sourcewell discounted price) on all of the items that you want Sourcewell to consider as part of your RFP response. If applicable, provide a SKU for each item in your proposal. Upload your pricing materials (if applicable) in the document upload section of your response. Quantify the pricing discount represented by the pricing proposal in this response. For example, if the pricing in your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Describe any quantity or volume discounts or rebate programs that you offer. Propose a method of facilitating "sourced" products or related services, which may be referred to as "open marker items or ·nonstandard options". For example, you may supply such items "at cosr or "at cost plus a percentage," or you may supply a quote for each such request. Identify any element of the total cost of acquisition that is NOT included in the pricing submitted with your response. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. If freight, delivery, or shipping is an additional cost to the Sourcewell participating entity, describe in detail the complete freight, shipping, and delivery program. Specifically describe freight, shipping, and delivery terms or programs available for Alaska, Hawaii, Canada, or any offshore delivery. Describe any unique distribution and/or delivery methods or options offered in your proposal. Bid Number: RFP 011822 Response* We have included an overview document including our pricing schedule. In general, we offer a 10% discount on our list pricing for our materials items and a 5% discount for our service related items. We offer discounts from list pricing in the 5%-10% range. We do not include any volume discounts or rebates at this time. We want to make an effort to customize each building to provide a comprehensive package that meets each customer's specific needs. Part of that effort requires us to have the ability to source options to be included as open market or non-standard items. We propose the same structure off of our open market list pricing with a 10% discount on open market materials list pricing and a 5% discount on open market service items. Our pricing includes all materials, freight, and labor line items necessary for the successful completion of the project. We offer a foundation design option for the customer to utilize with their local forces to install a foundation prior to our installation. We also recommend concrete fill on metal floor decks in our Alarm series for a complete installation. Some other items which we exclude, however may not be necessary for a complete installation include freight beyond 750 mile radius of Grandview, MO, prevailing wages, taxes, bonds, and permits. We offer a freight line item for each one of our materials packages within a 750 mile radius of Grandview, MO which covers the majority of the continental United States. We will include an open market line item for any freight beyond this radius. Containerization is required for most shipments to Alaska, Hawaii, or other off-shore locations. We would containerize at our facility and deliver the containers to the port at which our base freight line item would be invoiced. We then would issue an open market line item for the additional ocean freight costs associated with providing our materials package to an off-shore location. Most Canadian locations can still be reached by over-the-road trailer and our open market freight line item beyond our 750 mile radius would take effect. In order to provide the complete turn-key solution that Sourcewell participating entities are looking for, we are offering line items for materials freight, and labor. Not all Sourcewell customers will want a complete tum key solution, and by itemizing our costs into these three line items, they can choose anywhere from materials only, all the way to a full tum-key installation. With our great history in providing tum-key solutions across the US, and our 25 contractor licenses and counting, we know that our packages offer a unique opportunity for Sourcewell participating entities to obtain a fully designed, manufactured, and installed fire training structure. Also, our bum room options are designed as Class A bum rooms meaning customer's can bum combustible materials such as wood and straw, but they would also have the option to purchase a Class B (propane or NG fired) prop from a Gas-fired prop company for installation within our bur room system. Our framework allows the customer a multitude of options during the installation and post- installation. Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Enve l ope 10 : 2221 D3EA-4 FOF-46BD-9280-45 C86 DB7 DF1 9 Table 12: Pr icing Offe red Lin e The Pri cing Offered in t hi s Proposal is: • Comments Ite m 67 c. be tter than the Proposer typically offers to GPOs . coopera tive procurement org anizations, or state purchasing We offe r mate rials pa ckages dep artmen ts. Table 13: Aud it and Adm inistrative Fe e Li ne Item 68 69 Qu es tion Specifica lly describe any self-aud it process or program that yo u plan to employ to verify compl iance wit h your proposed Contract with Sourcewell . This process incl udes ensuring that Sourcewell participating entities obt ain the proper pric ing , that the Ve ndor reports all sales under the Contra ct each quarter, and that the Vendor remits th e proper adm inistrat ive fe e to Sourcewell. Provide sufficient detai l to sup port your ability to report qua rte rly sales to Sourcewe ll as described in the Contract temp late. If you are awarded a contract, provide a few examples of internal metrics that will be tracked to measure whether you are having success wi th the contract. through other purchasing organizations , however Sourcewell's platform is unique wi th a focus on providing turn-key so lutions. We understand the opportunity for participat ing entities to streamline thei r project with this purchasing platform , and we ha ve structured our pricing to be uniq ue to meet Sourcewell's turn-key request. We have structured our pri ci ng to best meet the needs of those participating entities looking for a true turn-key solution through a Sourcewell contract. Response - Whe n our salespeople generate a Sourcewell quote or estimate they wi ll den ote on the quote or estimate that it is Sourcewe ll pricing. Upon receiving a s igned quote or pu rc hase order based on th e quote the salesperso n then hand s the approved quote or purchase order over to project managem ent who generates a project number or sales order number. On Sourcewell projects and Sourcewell sa les the orde r is denoted fo r a projec t as Location Year-W-Proje ct Number SOURCE For exa mple : Kansas City , KS 21-W-911 SOURCE For a sa les order it is denoted as Location S-Sales Order Number Sour ce we ll Examp le: Kansas City, KS S-20526 SOURCE Th ey are co ded with the Modifier "SOURCE" behind their project number or sales number and wi ll be rev iewed quarterly by jo b type. We will use a cou ple of diffe rent metrics to track our success with the contrac t. Fiscally we will use percen tage of sales of Source well sales aga inst our percentage of overa ll sales in order to track our immediate success. In addition , we wi ll track our success rate by look ing at data analytics associated with all of our marketi ng engagements and social media engagement targeted specifically to Sourcewell buye rs. 70 Identify a proposed administrative fee that you wi ll pay to We propose a fee of 1.25% of our sa les unde r the contract. Sourcewell for faci litating , manag ing , and promoting th e Sourcewell Contract in the event that you are awarded a Con tract. This fee is typically ca lculated as a percentage of Vendor's sa les under the Contract or as a per-unit fee; it is not a line-item addition to the Member's cos t of goods . (S ee the RFP and template Contract for add itional details.) Bid Number : RFP 01 1822 V endor Name: Jahnke & Sons Construction, Inc. DocuS ig n Enve lope ID: 2221 D3EA-4FOF-46BD-9280-45C86DB7DF19 Table 14A: Depth and Breadth of Offered Eq uipment Products and Serv ices Line Item 71 72 Question Provide a detai led description of the equipment , products , and seNices that you are offering in your proposal. Within th is RFP category there ma y be subcategories of sol utions. List subcategory titles that best des cribe your products and seNices. Bid Number: RFP 011822 Response • WHP Trainingtowers n.• offe rs bot h structural steel fire training tower options as well as modu lar fire training systems in a variety of models and configurations to meet your training needs. Our offering of standard options and models as well as custom config uratio ns provides the ability to better control venti lation and fire suppression in a way tha t more rea l istically mimics the challenges of today 's modern fi re environment. WHP TrainingtowersrM provides extensive background in the des ign, and cons truction of fire training faci lities. Our team approach to this projec t would be to develop , fro m the specifications , a pre l iminary design of th e bui lding . We would then meet with the participating entity and an y other parties identified by the participating entity to review all aspects of the building as it pertains to tra ining operations and site adaptation to the specific si te. From this input we would : Deve lop working drawings for review and cha ng es as appropriate and finalize for approval. Develop our bu ilding submittal pac kage to present to the authority having jurisdiction fo r app rova ls and permits. • Prov ide a cons truction schedule input to keep the project on schedu le and meet the completion dates. • Provide mon thly updates on schedule and cost. • Prov ide erection of the building . • Prepare maintenan ce and ope rationa l manuals . Final acceptance of the proje ct by the Owners. We set a high standard for our bu ild ings with regard to qua lity . Our team is trained to pay attention to minor details in the fabrication of the building and the quality of the ma teria ls supplied . We have a check list that every crew must fo ll ow which acts as a reminder to them of the level of quality we expect on each project. This attention to quality is reflected in our offering a 5-y ear warranty on our structure and 40-yea rs on the paint. More importantly it is reflected in ou r sat isfied customers and longevity of our structures. We truly mean "Bui lt to Last". We pride ou rse lves on once a contract is exec uted, we se ldom, if ever, have cha nge orders on a project except when the owner changes the scope of a project. We strive to anticipate problems before w e fina lize our drawings minimizing change orders and cost overruns . Completion of your project on time and in budget is our number one priority. WHP Training towe rs r"' prides itse lf on our safety record . We have had no lost time accidents on a job site for the pas t seven years. We ha ve a written loss contro l plan , which is applied to every projec t. We require our subcontractors to have written safety plans and we monitor the ir activities to ensure a safe working environment is main tained on the projects. WHP would provide the fi re train ing building des ig n, deliver the bu il ding package , fo ll ow through on fina l approva l and close out of the project. Since 1980 WHP has pro vided the Fire SeNice with more pre-engi neered fire training buildings than any supp lier in the world. We are owned and operated by Fire SeNice Professionals prepared to partner with you from the initial needs assessment to acceptance of the completed product. Our success is directly tied to your satis faction. WHP Trainingtowers "' offers many advantages over other options on the market: Strength -Nothing in our structu ral components is lighter than 18-gauge hot dipped galvanized metal. Low Maintenance -Built into the system Safety -OSHA complian t, engineered to meet YOUR loca l building codes • Rea lism -Designed to si mul ate "real world" condi tions We blend a strong commitment to quality and safety with the experience to do the job right. As sub-categories to our fixed and modular train ing facili ties/structures, we offer the foll owin g: . Fre ight . Labor to install . Foundation Des ig n . Tra ining . SeNice/Maintenance . Inspections Ven dor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86087DF19 Table 148: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment. products , and services are offered within you r proposal. Provide additional comments in the text box p rovided , as necessary. Line Item Category or Type Offered • Comments 73 Facilit ies , structures (fixed or mobile), equipment, r. Yes We offer both fixed and modular fire props, supplies , and consumables . r No training facilities/structures and well as burn rooms and roof props all as Sou rcewell contract line items. We can provide additional customization though ou r open market platform. 74 Augmented or virtual reality, interactive , and digita l rYes We do not offe r augmented or virtual simulation tech nology an d re lated software , r. No rea lity at this time. hardwa re , or equipment. 75 Instructi ona l, educa tional , and traini ng programs or r. Yes We offer a training program adhering systems wi th re lated materials and supplies . r No to NFPA 1403 as defined in our atta ched proposal . 76 Services related to the offering of the so lutions r. Yes Des ign , Installation , Maintenance , described in RFP Sections 1. a. -c ., including r No Repair, and Training are all provided design , installalion , maintenance , repair, training, as line items in our pricing structure. integ ration , support , an d cus tomization. We can also assis t wi th integration of props or components from other vendors as we ll as customization through our open market platform. B id N u m ber : R F P 0 11822 Vendor Name: J ahnke & Sons Construction , Inc. DocuSign Enve lope 10 : 222103EA-4FOF-46B0-9280-45C86087DF19 Table 15: Industry Specific Questions Line Item 77 78 79 80 81 Qu estion Describe your products/services interoperability with other public safety equipment, software and sys tems , if applica ble. Des crib e your strate gy re lated to implementation, use of in stall atio n pa rtn ers and inte gratio n with oth er training prod ucts and sys tems if applica bl e. Exp lain your licensing process and service agreements with end use rs. Describe compliance to appli cabl e nati onal standards such as : Natio nal Fire Protectio n Associati on (NFPA), Occupationa l Safety an d Hea lth Adminis tration (OS HA), and American National Standards Institute (ANS I). Exp lain and provide in formation about any design services you provide if applicab le. Bid N umber : RF P 011822 Response • Ou r products provide both fixed and modular s pace allowing the end user to ut il ized the space for thei r firefighter, police , and public safety training pro grams. The end user's equipment and techno logy can be utilized within the open spaces provided in our fixed and modular training facilities/structures . Many of our customer add additiona l feat ures such as Class B gas-fi red pro ps, stan dpipes, sprinkle rs, smoke machines , etc. all avai lable through our ope n marke t purchasing structure. As a tu rn-key des igner, man ufacturer, and ins tall er, we have the abili ty to integ rate a mu ltitud e of options, wheth er from our open market st ru cture or with anot her ve ndor's trai ning products. Wi th our cons tant involvem ent in our projects from start to fi nish, we are fam ili ar wi th all differen t types of trai ning products that ca n be added during constructio n or pos t-insta llatio n. We work to make sure our customer has th e bes t solution for them whe ther it is from our list of market or off-market so lutions, or integrating with another vendor's so lution. We currently carry 25 sta te contractor licenses and including the 16 sta tes tha t do not require a l icense , th is allows us to remain active in the majority of the states in the co untry. We also activate other state licenses or loca l licenses if necessary for comp letio n of the contract or service for the end user. With our Annu al Ins pectio n and Ma in tena nce agreeme nt , we agree to bring th e training str uc ture back up to service co ndit io n and he lp the end user ma intain compliance with NFPA 1402. Our structures comply wit h the foll owing standards: A. Nati onal Fi re Protection Association (NFPA) 1. NFPA 1402 -Standard on Faci lities for Fi re Training and Associated Props 2. NFPA 1403 -Standard on Live Fire Tra ining Evolutions B. American Society for Tes ting and Mate r ia ls (ASTM) C. AWS 01.1 -Structura l We lding Code -Steel D. Americ an Institute of Steel Constru ction (AISC), Manual of Steel Construction , latest edi tio n E. Occup ational Safety an d Hea lt h Standa rds (OSHA) 1. 29 CFR 19 10.23 -Guard in g Wa ll and Flo or Ope nings 2. 29 CFR 1910.24 -Fixe d In dus trial Sta ir s 3. 29 CFR 1910.27 -Fixed Ladders F. Steel Deck Ins titu te (S Ol). SOl 30 -Des ign Manua l for Composi te Decks, Fo r m De cks , Roo f Decks ; Steel Deck Institute, Inc. It is important fo r the safety of the tra inees to mainta in comp liance with these standards and stay informed with any potentia l changes . Rece ntly NFPA 1402 went through a major revision causing many suppl iers to redesign the ir standa rd training structures . WHP was ahead of th e cha nges and we had already implemented many of the now req uired featu res into our building system. We continue to lead the ind ustry whe n it comes to introducing new and sa fer fea tures. Also , the Pres id ent of our compa ny is hig hl y respected in the indus try and curren tl y sits on the eva lua tion board for NFPA 1402. All of our ma teria ls packages incl ude design as part of the delivery. We also include a third party engineer review and wet stamp as part of that package as defined in our Pricing proposa l attachm ent. W e offer an optiona l foundati on design l ine item which provides the participa ting entity an option to have us desig n the foundat ion for their use in self-performing or hiring the founda tion installation loca lly, Vendo r Name: Jahn ke & Sons Constr uction , Inc. OocuSign Envel ope 10 : 2221 03EA-4FOF-46BD-9280-45C86DB7DF19 Table 16: Exceptions to Terms, Conditions, or Specifications Form Line Item 82. NOTIC E: To identify an y exception , or to request any modification , to the Sourcew ell template Contract terms, conditions , or specifications, a Proposer must submit the exception or requested modification on the Exceptions to Terms, Conditions, or Specifications Form immediately below. The contract sectio n, the specific text addressed by the exception or requested modification, and the proposed modification must be identified in detail. Proposer's exceptions and proposed modifications are subject to review and approval of Sourcewell and wi ll not automatically be included in the contract. Contract Section Term, Condition, or Specification Exception o r Proposed Modification Documents Ensure your s ubmission document(s) conforms to the following : 1. Do cuments in PDF format are preferred . Doc uments in Word , Excel , or compatible formats may also be provided. 2. Documents should NOT have a security password , as Sourcewe ll may not be able to open the file. It is your so le responsibi lity to ensure that the up loaded document(s) are not either defective , corrupted or blank and that the documents can be opened and viewed b y Sourcewe ll. 3. Sourcewell may reject any response where an y document(s) cannot be opened and vi ewed by Sourcewell. 4. If you need to upload more than one (1) document for a sing le item, you shou ld comb ine the documents into one zipped file. If the zipped file contains more than one (1) document, ensure each document is named , in relation to the su bmi ssi on form at it em responding to. For example, if responding to the Marketing Pla n category save the document as "Marketing Plan ." • £riQng -WHP RFP pricing and detail response 1-18-22.pdf-Tuesday January 18, 2022 10:2 5:57 • Financial Strength and Stability -JAHNKE & SONS CONSTRUCTION , INC-POE ISS UED FIN ANC IAL STATEMENTS 2020.pdf - Tuesday January 18, 2022 11 :42 :00 • Marketing Plan /Samples -Marketing Brochures.zip - Monday January 17 , 2022 18 :20:0 1 • WMBE /MBE/SBE or Related Certificates (optiona l) • Warranty Information -Combined Alarm , MODX, Pad genite Interlock warranties sample.pdf -Monday January 17, 2022 18:03:14 • Standard Transaction Document Samples -Sourcewell Transaction Oo cuments.z ip-Tuesda y January 18, 2022 08 :18:15 • Upload Additiona l Pocument -Sales Elowchart.jpg-Monday January 17, 2022 18:20:32 Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction , Inc. DocuSign Envelope 10: 2221 03EA-4FOF-46BD-9280-45C86087DF19 Addenda, Terms and Conditions PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant (an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or "nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a "trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents. and subcontractors are not 1. Included on the "Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: https"//www.treasury.gov/ofac/downloads/sdnlist pdf; 2. Included on the government-wide exclusions lists in the United States System for Award Management found at: https://sam gov/SAM/; or 3. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. DocuSign Envelope 10: 222103EA-4FOF-46BD-9280-45C86087DF19 by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. J;; By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. -Joseph Kirchner, Executive Vice President, Jahnke and Sons Construction, Inc. dba WHP Trainingtowers The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. r Yes r. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. File Name Addendum_1_PS_ Tralnlng_Simulatlon_Eqpt_ Tech_RFP _011822 Tue December 14 2021 07:23AM I have reviewed the below addendum and attachments (If applicable) ~ Pages 2 Bid Number: RFP 011822 Vendor Name: Jahnke & Sons Construction, Inc. Exhibit B Memorandum ______________________________________________________________________________ To: City Council From: City Administrator Re: Grant Acceptance Over $25,000 For: Consent Agenda ______________________________________________________________________________ Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant: The name of the grantor: US Dept of Treasury American Rescue Plan State and Local Recovery Fund (SLFRF) Program passing through Cole County Missouri The amount of the grant: $200,000 The purpose of the grant: Fire Tower Hyde Park Project Any matching requirements or future obligations tied to acceptance of the grant: GL Acct where matching funds will come from (will be used for budget adjustment upon grant acceptance to make budget authority in expense acct shown below whole) No match required. CFDA#: 21.027 Grant Award # (if any): n/a City Department Responsible: Fire Department Employee assigned as Grant Administrator: Matthew Schofield Revenue account # to be amended: 10-990-430010 Federal Grants Expense account # to be amended: 10-990-599507 Hyde Park Burn Building Reviewed by Finance: Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. For Finance Department Use only: Approved with Ordinance _________________; Bill ____________________ on this _______ day of _______, 20_____ Revised 8/2/16 by Ordinance 15545 SUBSTITUTE Bill 2022-112 Exhibit C BUDGET AMENDMENT FISCAL YEAR 2022-2023 BUDGET Sales Tax H Fund: 46-990-575007 Available Funds for New Fire Station Number 6 ($282,884.00) 46-990-599507 Hyde Park Burn Building $282,884.00 SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET Sales Tax H Fund: 46-100-495995 Transfer From (to) Surplus $15,577.85 46-990-599507 Hyde Park Burn Building $15,577.85 BILL SUMMARY BILL NO: 2022-113 SPONSOR: Councilmember Hensley SUBJECT: Authorizing Amendment to Budget 2022-2023 by Supplemental Appropriation to Wastewater Enterprise Fund DATE INTRODUCED: March 20 , 2023 Staff Recommendation: Approve Origin of Request: City Staff Department Responsible: Public Works Person Responsible: MATTHEW J. MORASCH, P.E./Eric Seaman', P .E . Background Information: In Fiscal Year Budget 2021-2022 a spreader truck was approved and a subsequent purchase order issued February 22, 2022 . Due to material and equipment delays, the spreader truck was not delivered before the end of Fiscal Year 2021-2022 . This bill will adjust the FY2022-2023 Budget to allow for the delivery and payment of the previously approved purchase order. Fiscal Information: Funds will come from the Wastewater Enterprise Fund Accounts as follows: Revenue 64-100-495995 Transfer From (To) Surplus $ 213 ,730.00 Expenditure 64-670-572020 Purchase of Equipment $ 213,730.00 BILL NO. 2022-113 SPONSORED BY Councilmember Hensley ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE 2022- 2023 BUDGET OF THE CITY OF JEFFERSON , MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE WASTEWATER ENTERPRISE FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1 . There is hereby supplementally appropriated within the Wastewater Fund $213 ,730 .00 as indicated on Exhibit A , attached hereto . Section .f.. 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 CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5 .) Of the Charter of the City of Jefferson , Missouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie Tergin Bill 2022-113 Exhibit A SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR 2022-2023 BUDGET Wastewater Fund: Revenue 64-100-495995 Transfer From (To) Surplus $ 213,730.00 Expenditure 64-670-572020 Purchase of Equipment $ 213,730.00 BILL SUMMARY BILL NO: 2022-114 SPONSOR: Councilmember Wiseman SUBJECT: Purchase of Electronic Tablets by Employees and Officials DATE INTRODUCED: March 20 , 2023 DEPARTMENT DIRECTOR: Staff Recommendation: Approve . Summary: This bill would authorize City employees and elected and appointed officials to purchase the electronic tablets issued to them upon sepa rat io n from the City for the fair market value in a used condition. Origin of Request: Finance Department Department Responsible: Finance Department PERSON RESPONSIBLE: SHIELA PEARRE, Di rector of Fi nance and ITS Background Information: This bill wou ld authorize City e mployees and elected a nd appointed officials to purchase the electronic tablets issued to them upon separation from the City for the fair market value in a used condition . This is an e xception to the general rule that surplus property must be made generally availab le to the public . This would allow the ITS Department to more accurately budget for tablets upon City Council t urnover a nd employees retirements/separat ions . Fiscal Information: The fiscal impact would be variable based on City Council turnover, employee separations, and utilization of the program . Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-114 SPONSORED BY Councilmember Wiseman ORDINANCE NO. AN ORDINANCE AMENDING THE PURCHAING CODE RELATING TO ELECTRONIC TABLETS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Section 26A-55 (Surplus Property) of Article II (Purchasing Division) of Chapter 26A (Purchasing and Finance) of the Jefferson City Code is hereby amended by adding a new subsection “E” thereto to read as follows: Sec. 26A-55. - Surplus property. A. The City Administrator may declare any property which has a reasonable fair market value of less than $1,000.00 and which is no longer beneficial to needs to the City to be declared surplus and dispose in a manner most financially beneficial to the City or donate to a not-for-profit organization or another political subdivision. On a yearly basis, or as needed, the Purchasing Agent shall submit a report to the City Council identifying all property declared surplus pursuant to this provision. B. Any property (other than motor vehicles) which has a reasonable fair market value of more than $1,000.00 shall be disposed of by a method approved by the City Council. Such method shall be approved on the consent agenda. C. Disposable property. Notwithstanding the foregoing paragraphs the Purchasing Agent may designate types of personal property as "disposable" which may then be disposed without annual notice to the City Council. To be "disposable" the property must be declared as disposable by the Purchasing Agent, and designed to be thrown away after use and have no monetary value after use. Examples may include but are not limited to paper, pencils, pens, plastic bags, and cardboard. D. City employees shall not be allowed to purchase surplus City property unless such property is sold to the highest bidder, or if offered at a pre-determined price then only after the item has been offered to the general public for no less than six days. E. Notwithstanding Subsection D above, beginning May 1, 2023, electronic tablets personally issued to employees or elected or appointed officials by the City may be purchased by such employee or official upon separation from the City for the fair market value of such tablet in its used condition. Fair market value shall be determined by the Purchasing Agent. ' 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 Editor's note: Deleted language shown tflus. Added language shown thus . ' BILL SUMMARY BILL NO: 2022-115 SPONSOR: Councilmember Fitzwater SUBJECT: Authorize a Contract with Structural Engineering Associates, Inc. for Design Services Related to the Jefferson Street and Madison Street Parking Garages and Supplemental Appropriations Amending the FY2023 Budget by Transferring Funds within the Parking Fund DATE INTRODUCED: March 20, 2023 Staff Recommendation: Approve. Summary: If approved, this bill would authorize a professional services contact with Structural Engineering Associates, Inc . (SEA) of Kansas City , MO to design improvements related to the Jefferson Street and Madison Street parking garages. It would also authorize a supplemental appropriation within the Parking Fund . Origin of Request: Staff PERSON RESPONSIBLE: MATI MORASCH , P .E./Britt E. Smith P.E. Background information: Previously SEA completed an assessment of the Jefferson Street and Madison Street parking garages . This contract would have them complete design services related to recommended improvements to the Jefferson Street parking garage and also structural repairs to level 4C of the Madison Street Garage . This issue was discussed at the Public Works and Planning Committee and approval was recommended. Fiscal Information: The $59 ,000 would come from the Parking Fund unrestricted fund balance with no impact to the General Fund . \ BILL NO . 2022-115 SPONSORED BY Councilmember Fitzwater ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, AUTHORIZING A CONSULTANT CONTRACT WITH STRUCTURAL ENGINEERING ASSOCAITES , INC. AND AMENDING THE FISCAL YEAR 2022-2023 BUDGET OF THE CITY OF 'JEFFERSON , MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARKING FUND . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1. The Mayor and City Clerk are hereby authorized to execute an agreement attached as Exhibi t A, with Structural Engineering Associates , Inc . design services related to the rehabilitation of the Jefferson Street parking garage and Level 4C of the Madison Street parking garage. Section .f. There is hereby supplementally appropriated within the Parking Fund $59,000.00 as indicated on Exhibit B , attached hereto, for the funds required to contract with Structural Engineering Associates, Inc. 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 ATIEST: APPROVED AS TO FORM : City Clerk CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5.) Of the Charter of th e City of Jefferson, Missouri , I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie T erg in CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES IXHIIITA 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 Structural Engineering Associates, Inc., hereinafter referred to as "Contractor". WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain design services related to repairs to the 209 Jefferson Street and Madison Street Garage, 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 services related design phase, bid phase, and construction phase for repairs to the 209 Jefferson Street and Madison Street Garages, 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 Planning and Protective Services, and in accordance with the rates and/or amounts stated in the bid of Contractor dated 1124/2023, 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 Fifty-Nine Thousand Dollars and Zero Cents ($59,000.00) 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall perform said work in accordance with the contract documents, as set forth in Exhibit A, within six (6) months. 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 ... 2 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 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 3 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 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 rei inquishment 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 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. 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, 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: Structural Engineering Associates, Inc. Ralph Jones I 000 Walnut Ste. 1570 Kansas City, Missouri 64106 [Signatures to follow on next page.] CITY OF JEFFERSON, MISSOURl M ayo r Date: ---- ATTEST : C ity C le rk A PPR O V ED AS T O FO RM: STRUCTURAL ENGINEERING ASSOCIATE S, INC. T it le : Da te: ---- ATTEST: T itl e : 6 STRUCTURAL ENG INEERING ASSOC IATES, INC. January 24, 2023 Britt Smit h P.E. Ope rati ons Di v isio n Di rector Department o f Publi c Work s 320 E. McC arty St. Je fferso n C it y, MO 65 10 I Est 1909 Rc: Pa rkin g Garage Re habilitati on-209 Jeffe rs on Stree t Prop os a l fo r Pre para tio n of Repair Do cum e nt s Dea r Mr. S mith: EXHIBiT A Structura l Engineering Assoc iat es, In c . (SEA) recentl y comp leted a co nditi o n assess ment o n th e re fe rence d park in g stru cture . In the report SE A provided reco mm end ation s for repa ir. Yo u ha ve now asked SE A to submit a pr oposa l to pr epare co nstru cti o n document s for re pa ir o f th e ga ra ge. In ad diti on , yo u have re qu este d that SEA also includ e repair o f th e damage d pos t-ten s ioned joi st in th e Madiso n Str ee t ·'Muni c ip a l" ga rage . Our sco pe is to in c lud e de sign pha se, bid pha se and eo nstru <.:tio n pha se servic es. I unde rsta nd the co ntrac tor's co nstru ct ion scope of wo rk will includ e the follow in g. • Re move and re pl ace the wa terproofin g memb rane o n th e top leve l in it 's entirety. • Pe rform sla b re pairs under me mbra ne. • Perfo rm over head co ncre te re pa irs. • Ro ut and caulk all cracks in top deck. • Re move and rep lace se alant in con structi on j oint s in top deck. • Wa te r test top deck and in sta ll drains at low spot s o n top dec k. • Re moved damaged pre-c ast pan els, repa ir supp ort and anch orage co nditi o ns and re-in s tall panel s. • Perfo nn mi scellaneou s co ncre te rep a ir s in sta ir. • Perfonn mi sce ll a neo us co ncrete wa ll and co lumn repa irs. • Re pa ir ha ndra il s in stai rs. • Re move a nd rep lace joint se alan t in sla b-on-g rad e. • Re pa ir ve hicular barri er cab les on lowe r lev e l. • Rc -s trip e garage • Re move and rep lace six uppe r-leve l dra in s and th e ir offset pipin g. T he lower lev el co ndu cto r piping sha ll rema in for re-use. • Pe rform repa irs to da maged pos t-tens ione d j o ist in th e Madi so n Street "Mu ni c ipal " Ga rage. 1000 Walnut • SUite 1570 . Ka nsas C1ty, M1ssouri 64 106 -8 16-421 -1042 · www.seassociates.com Mr. Smith January 24, 2023 Page2 I understand that the existing light fixtures in the garage are all LED and the City does not wish to make any modifications to them. In addition, we have not included installation of camera's in the Jefferson Garage. Ifthe City decides to add this scope of services, SEA can obtain a proposal from our consultant for these additional services. SEA proposes to provide the following scope of services for the above repair items. • Review report and recommendations from condition assessment. • Perfonn site visit to review above scope items for changes. • Prepare construction drawings for above scope items. • Prepare technical specifications for above work items. • Review front end documents provide by City and provide comments as appropriate or desired. • Coordinate bid fonn with Jefferson City personnel. • Prepare review documents and submit to Jefferson City at the following stages. o Design Development o SO% Review Construction Documents o I 00% Review Construction Documents • Attend design review meetings via virtual meeting fonnat. • Attend pre-bid meeting in Jefferson City, MO • Review bids and make recommendation to Jefferson City, MO. • Attend pre-construction meeting with successful contractor and City personnel. • Review submittals for above work items and take appropriate action. SEA proposes to provide the above scope of services for a lump sum fee of $59,000. This fee includes anticipated reimbursable expenses including travel, per diem, in house printing costs and other in-house expenses. Please note this fee does not include printing of review drawings, bidding documents or contractor submittals. All of these items will be provided in digital fonnat. This fee includes the services of an MEP consultant for the above scope items. It is SEA's intent to employ the services of Custom Engineering for these services. Please note the above scope of services does not include construction phase services beyond a pre- construction meeting and review of technical submittals. You have requested that construction phase services be submitted on an hourly basis with a not to exceed fee. Construction phase services above and beyond those listed above will be provided under separate billing on an hourly basis with a maximum fee of $$22,000. This fee includes attendance to virtual progress meetings, up to eight site visits to attend progress meetings or make site observation trips and one punch list trip at the completion of the project. This fee includes travel and per diem expenses. Additional site visits will be provided on a per trip basis of$1,900. Mr. Smith January 24, 2023 Page3 The attached Terms and Conditions shall become a part of this agreement. Signature or verbal direction will serve as acceptance of this proposal and the Tenns and Conditions and will serve as notice to proceed. If you have any questions regarding this proposal, please feel free to contact me at your convenience. Thank you for your interest in Structural Engineering Associates, Inc. sm>~ Ralph C. Jones P.E. Encl. ACCEPTED: ________________________________________________ _ Signature of person authorized to sign contract for the City of Jefferson Date: _________ _ Typed or Printed Name Terms and Conditions Parking Garage Rehabilitation -209 Jefferson Street January 24, 2023 Page 1 of1 Performance of Service: Structural Engineering Associates, Inc. (SEA) shall perfonn the services outlined in the attached "Proposal for Preparation of Repair Documents" in consideration of the stated fee and payment tenns. Additional Services: For additional services not included in the "Proposal for Preparation of Repair Documents", Structural Engineering Associates shall be compensated as follows: 0 Option I -On an hourly basis according to attached Rate Sheet. 1m Option 2 -Additional services will not be completed until an amendment identifying scope and fee for additional services has been signed. Billing/Payment: The Client agrees to pay SEA for all services perfonned and all costs incurred. Invoices for SEA's services shall be submitted, at SEA's option, either upon completion of such services or on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 30 days, SEA may, without waiving any claim or right against the Client, and without liability whatsoever to the client, suspend or tenninate the perfonnance of services. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% on the unpaid balance. If any portion of an account remains unpaid 60 days after the billing, SEA may institute collection action and the Client shall pay all costs of collection, including reasonable attorneys' fees. Access to Site: Unless otherwise stated, SEA will have access to the site for activities necessary for the perfonnance of the services. SEA will take reasonable precautions to minimize damage due to these activities, but has not included in the fee the cost of restoration of any resulting damage and will not be responsible for such costs. Hidden Conditions: A structural condition is hidden if concealed by existing finishes or if it cannot be investigated by reasonable visual observation. If SEA has reason to believe that such a condition may exist, SEA shall notify the Client who shall authorize and pay for all additional costs associated with the investigation of such a condition and, if necessary, all costs necessary to correct said condition. If ( 1) the Client fails to authorize such investigation or correction after due notifications, or (2) SEA has no reason to believe that such a condition exists, the Client is responsible for all risk associated with this condition, and SEA shall not be responsible for the existing condition nor any resulting damages to persons or property. Hazardous Materials: SEA shall have no responsibility for the discovery, presence, handling, removal, disposal or exposure of persons to hazardous materials of any fonn. Jobsite Safety: The Client agrees that the General Contractor shall be solely responsible for jobsite safety, and warrants that this intent shall be carried out in the Client's contract with the General Contractor. The Client also agrees that the Client, the Consultant and the Consultant's subconsultants shall be indemnified by the General Contractor and shall be made additional insureds under the General Contractor's policies of general liability insurance. Indemnification: The Client shall, to the fullest extent pennitted by law, indemnify and hold hannless SEA., his or her officers, directors, employees, agents and subconsultants from and against all damage, liability and cost including reasonable attorneys' fees and defense costs, arising out of or in any way connected with the perfonnance of the services under this agreement, excepting only those damages, liabilities or costs to the extent caused by the sole negligence of SEA. Fiduciary ResponsibiUty: The Client confinns that neither the Consultant nor any of the Consultant's subconsultants or subcontractors has offered any fiduciary service to the Client and no fiduciary REV2/24/IS Pagel of2 responsibility shall be owed to the Client by the Consultant or any of the Consultant's subconsultants or subcontractors, as a consequence of the Consultant's entering into this Agreement with the Client. Information for the Sole Use and Benefit of tbe Client: All opinions and conclusions of SEA, whether written or oral, and any plans, specifications or other documents and services provided by SEA are for the sole use and benefit of the Client and are not to be provided to any other person or entity without the prior written consent of SEA. Nothing contained in this agreement shall create a contractual relationship with or a cause of action in favor of any third party against either SEA or the Client. Certifications, Guarantees and Warranties: SEA shall not be required to execute any document that would result in SEA certifying, guaranteeing or warranting the existence of any conditions whose existence SEA cannot ascertain. Limitation of LiabUity: In recognition of the relative risks, rewards and benefits of the project to both the Client and SEA, the risks have been allocated such that the Client agrees that, to the fullest extent permitted by law, SEA's total liability to the Client for any and all injuries, damages, claims, losses, expenses or claim expenses arising out of this Agreement from any cause or causes, shall not exceed $500,000. Such causes include, but are not limited to, the SEA's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. Ownership of Documents: All documents produced by SEA under this Agreement are instruments of SEA's professional service and shall remain the property ofthe SEA and may not be used by the Client for any other purpose without the prior written consent of SEA. Assignment: Neither party to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other party. Subcontracting to subconsultants normally contemplated by the Consultant shall not be considered an assignment for purposes of this Agreement. Dispute Resolution: Any claims or disputes between the Client and SEA arising out of the services to be provided by SEA or out of this Agreement shall be submitted to nonbinding mediation. The Client and SEA agree to include a similar mediation agreement with all contractors, subconsultants, subcontractors, suppliers and filbricators, providing for mediation as the primary method for dispute resolution among all parties. Termination of Services: This Agreement may be terminated at any time by either party should the other party fail to perform its obligations hereunder. In the event of termination for any reason whatsoever, the Client shall pay SEA for all services rendered to the date of termination, and all reimbursable expenses incurred prior to termination and reasonable termination expenses incurred as the result of termination. Standard Care: In performing its services hereunder~ SEA will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by member of the same profession currently practicing under similar circumstances. SEA makes no warranties or guarantees, express or implied, under this agreement or otheJWise, in connection with its services. Consequential Damages: The Client and SEA both agree to waive any claims for consequential damages against each other. Permits and Approvals: It is the responsibility of the Owner to obtain all necessary permits and approvals. REV 2/24/15 Bill 2022-115 Exhibit B SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET Parking Fund: 62-100-495995 Transfer From(to) Surplus $59,000.00 62-620-522020 Professional Services $59,000.00 PUBLIC HEARING/RESOLUTION SUMMARY RESOLUTION NO: RS2022-51 SPONSOR: Councilmember Lester SUBJECT: Special Exception Use Permit to Operate a Commercial Vehicle Service Truck Stop/Travel Plaza on Property Addressed as the 200 Block of Militia Drive and Located within the M-1 Light Industrial Zoning District (Planning and Zoning Commission Case No. P23006) DATE INTRODUCED: April 3, 2023 PUBLIC HEARING: April17, 2023 DEPARTMENT DIRECTOR: ~~o..JL____ CITY ADMINISTRATOR: ~~'4 Staff Recommendation: Approve . Summary: Standard resolution approving a Special Exception Use Permit. Origin of Request: Property Owner through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: DAVID GRELLNER/Eric Barron Background Information : The subject property is zoned M-1 Light Industrial. Commercial Vehicle Service Truck Stops/Travel Plaza operations are a special exception use in the M-1 zoning district; thus requiring obtainment of a Special Exception Use Permit. The proposed land use would include passenger vehicle fuel dispensers, large truck fuel dispensers , CAT Scale, convenience store and food service establishments , and part of the building dedicated to trucker facilities such as washers , dryers, lounge, and restrooms. Street widening improvements to Algoa Road from Militia Drive to the driveway entrance are included within the Special Exception Permit application. Please see attached staff reports for more information . Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for a special exception use permit at their meeting of March 9 , 2023 . The motion to approve PASSED on a vote of 8 in favor and 0 against. Public Notice Standard public notice procedures were followed in advance of the Planning and Zoning Commission and City Council meetings. This includes : (1) publication of the public notice or 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 other interested parties; and (3) posting of a sign on the property announcing the date and time of the hearing on the case 10 to 15 days in advance of the hearing. Public Comment Received No correspondence was received from the public . Fiscal Information: $650 .00 in application fees were received . Planning & Zoning Commission Recommendation: Approve . RESOLUTION RS 2025-51 Sponsor: Councilmember Lester A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI APPROVING A SPECIAL EXCEPTION USE PERMIT TO OPERATE A COMMERCIAL VEHICLE SERVICE TRUCK STOP/TRAVEL PLAZA FOR PROPERTY LOCATED IN THE 200 BLOCK OF MILITIA DRIVE WHEREAS, Premium Top Soil LLC, owners of the real estate hereinafter described, submitted an application for a Special Exception Use Permit to operate a Commercial Vehicle Service Truck Stop/Travel Plaza in the M-1 Light Industrial Zoning District for property described as follows: Part of the Southwest Fractional Quarter of Section 19, Township 44 North, Range 10 West, Cole County, Missouri, more particularly described as follows: From a stone marking the southwesterly corner of U.S. Private Survey No. 2616 in Township 44 North, Range 10 West and said corner being the southwesterly corner of a survey of record in Survey Record Book A, page 690, Cole County Recorder's Office; thence N8°16'28"W, along the westerly boundary of said survey in Survey Record Book A, page 690, 487.43 feet to the northwesterly corner thereof and said corner being a point on the southern boundary of a survey of record in Survey Record Book A, page 203 and subsequent deed of record in Book 405, page 334, Cole County Recorder's Office; thence along the southern boundary of said survey in Survey Record Book A, page 203 and deed of record in Book 405, page 334, the following courses: S70°46'25"W, 147.19 feet; thence N80°56'23"W, 190.75 feet; thence N31°48'04"W, 352.78 feet to the southeasterly corner of a survey of record in Survey Record Book A, page 703. Cole County Recorder's Office; thence leaving the boundary of the aforesaid survey in Survey Record Book A, page 203 and deed in Book 405, page 334, S80°56'56"W, along the southern boundary of said survey in Survey Record Book A, page 703, 387.38 feet to the southwesterly corner thereof and the POINT OF BEGINNING for this description; thence S79°11'14"W, on a direct line, 928.69 feet to a point on the easterly line of the Militia Drive right-of-way; thence Northerly, along said Militia Drive right-of-way line, the following courses: Nl0°05'13"W 80.37 feet; thence N0°43'52"W 330.77 feet; thence Northerly, on a curve to the right, having a radius of 22900.22 feet, an arc distance of 22.57 feet, (the chord of said curve being N2°33'08"E, 22.57 feet); thence N4°25'33"E, 305.60 feet; thence N2°34'50"E, 121.06 feet; thence N51°46'04"E, 89.82 feet to a point on the southerly line of a 60 foot wide Cole County public road right-of-way known as Algoa Road; thence leaving the aforesaid Mil itia Drive right-of-way line , along the southerly line of said Algoa Road right-of-way, the following courses : S52 °21'45"E, 187 .04 feet ; thence Easterly , on a curve to the left, having a radius of 358.47 feet , an arc distance of 249 .81 feet , (the chord of said curve being S72 °19'35"E, 244 .79 feet); thence N8r42'35"E , 130.18 feet to the northwesterly corner of a survey of record in Survey Record Book A , page 703 , Cole County Recorder's Office ; thence leaving the southerly line of the aforesaid Algoa Road right-of-way , along the boundary of said survey in Survey Reco rd Book A , page 703 , the following courses: S0 °20'26"E, 55 .84 feet ; thence S16 °31'02"E , 48.41 feet ; thence S30 °27'52"E , 37.47 feet; thence S45 °37'12"E, 29 .80 feet; thence S4 °37'55"W, 56.18 feet ; thence S5 °31'24"E , 63.37 feet ; thence S14 °26 '32"E , 62 .95 feet; thence S80 °36'25"E , 180.00 feet; thence S19 °53'58"E , 203.43 feet to the POINT OF BEGINNING. Containing 12.48 acres , more or less . WHEREAS , it appears that the procedures set forth in the zoning code have been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council an application for a Spe c ial Exception Use Permit for the above referenced property . NOW THEREFORE, BE IT RESOLVED by the Council of the City of Jefferson , Missouri , as follows : SECTION 1-The Special Exception Use Permit appl ication for a Commercial Vehicle Service Truck Stop/Travel Plaza , on file as Case No. P23006 in the Jefferson City Planning and Zoning Division , is hereby approved for the site described above . Adopted th is171h day of April, 2023 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City~ Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COMMISSION MEMBERS ABSENT Gregory Butler Hank Vogt Sara Michael, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. ATTENDANCE RECORD 8 of8 8 of8 7 of 8 7 of8 6 of8 7 of 8 7 of8 1 of 3 2 of3 4 of 8 7 of 8 1 of 2 David Grellner, Interim Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Guests: Paul Samson with Central Missouri Professional Services, Don Davis, John States, Jay Burchfield, Jocelyn King, Patsy Johnson, James Robinett, Jr, Gary Plummer, Ryan Schrimpf, Dorothy Jones, and Andy Fechtel. Case No. P23006-200 Block Militia Drive, Special Exception Use Permit. Request filed by Premium Top Soil LLC, property owner, on behalf of SilverTree Co., applicant, for a Special Exception Use Permit to operate a commercial vehicle service truck stop/travel plaza within the M-1 Light Industrial zoning district. The property is located at the southeast corner of the intersection of Militia Drive and Algoa Road and is described as Part of Southwest Fractional Quarter of Section 19, Township 44 North, Range 10 West, in the City of Jefferson, Cole County, Missouri. Ms. Bliss stated the applicant is requesting a special exception use permit to operate a truck stop/travel plaza. The property is approximately 12.5 acres in size and is zoned M- 1 Light Industrial. There will be two driveways connected off Militia Drive, one driveway off Algoa Road with wayfinding signage in various locations. Mr. Burchfield with SilverTree Companies presented the case. MFA Oii/Breaktime will be the tenant with food services available. Mr. Burchfield stated they plan to improve Algoa Road and widen the approach at Militia Drive to allow for the stacking and turn radius that are needed so larger truck traffic can come in the southern entrance and exit onto Algoa Road. Passenger car traffic will be directed to use the two entrances at the front of the store. Ms. Bliss stated staff analysis and findings are included in the packet. The site plans show over 50 parking spaces for passenger vehicles and 35 parking spaces for larger trucks, fire hydrants exist adjacent to Militia Drive. Staff recommends approval of the special exception use permit. Final construction drawings will be reviewed with respect to City Code development standards. Mr. Wade stated public infrastructure does exist in the vicinity, Rising Creek bounds the property on the east side. A sanitary sewer main exists on the east side of Militia Drive, which is an existing arterial roadway serving the east end industrial area. Improvements include two paved entrances from Militia Drive and a paved entrance from Algoa Road. The peak hour analysis for traffic is anticipated to exceed 1 00 peak hour trips, but the applicant has proposed to improve the inadequate portion of the roadway frontage at Algoa/Militia Drive. Militia Drive is a four-lane section currently and has eight feet wide shoulders that will allow for right and left turns into the site. Floodplain exists along Rising Creek, which will have to be considered during site development. Stream setback is shown on the plan for Rising Creek, the contributory area is greater than 50 acres, stormwater quality is also proposed for the project. Sidewalks would not be required and currently no street lights exist on Militia Drive. The engineering division would recommend approval of the special exception permit. Ms. Cotton moved and Ms. Quigg seconded a motion to recommend approval of the requested Special Exception Use Permit for a truck stop/travel plaza within the M-1 Light Industrial zoning district. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Jefferson City Planning & Zoning Commission March 09, 2023 Case No. P23006 200 Block of Militia Drive SilverTree Co. Special Exception Use Permit City of Jefferson Planning & Zoning Commission LOCATION MAP i RU RU •' Case No. P23006 200 Block of Militia Drive Special Exception Use Permit for a truc k stop 0 105 2 10 4 20 Feet -=-=-- City of Jefferson Planning and Zoning Commission VICINITY Case No. P23006 200 Block of Militia Drive Special Exception Use Permit for a truck stop PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 09, 2023 Case No. P23006 -200 Block Militia Drive, Special Exception Use Permit. Request filed by Premium Top Soil LLC, property owner, on behalf of SilverTree Co., applicant, for a Special Exception Use Permit to operate a commercial vehicle service truck stop/travel plaza within the M-1 Light Industrial zoning district. The property is located at the southeast comer of the intersection of Militia Drive and Algoa Road and is described as Part of Southwest Fractional Quarter of Section 19, Township 44 North, Range I 0 West, in the City of Jefferson, Cole County, Missouri. Nature of Request This request was filed for a Special Exception Use Permit to permit operation of a truck stop I travel plaza within the M-1 Light Industrial zoning district. The site of the project is located in an area known as the "Algoa Industrial Park" and consists of 12.48 acres. Per Section 35-28 of the Zoning Code, the requested use is a special exception and thus requires a Special Exception Use Permit. Review Process for Special Exception Permits In accordance with Section 35-70 and Section 35-73, Special Exception Use Permits go through a public hearing process before both the City of Jefferson Planning and Zoning Commission and City Council with the Planning and Zoning Commission being the recommending body and the City Council being the decision making body. Zoning and Surrounding Land Use Current Zoning: M-1 Light Industrial Proposed Use: Truck Stop I Travel Plaza Surrounding Zoning Surrounding Uses North M-1 Publishing/Printing Facility South M-2 Industrial, Electric Company East M-1 Wholesale and Distribution. West RU A_gricultural Staff Analysis Listed below is information pertaining to the requested special exception use. Site Design: The application materials give general information about where and what will be situated on the property as a part of the truck stop I travel plaza including fuel dispensers, parking stalls, a convenience store, water quality basin, driveway connections, and signage details. Building Design: A 6,500 square foot building with food service entities, convenience retail, restrooms, and truckers' area which includes lounge space, washers, dryers, and showers. Fuel Dispensers and CAT Scale: Proposed to be on site are 14 passenger vehicle refueling stations and 6 high flow truck dispensers as well as a CAT Scale. Parking: Per the Zoning Code, gasoline stations are required to have 1.5 spaces per nozzle plus an additional space per 200 square feet of the store. The site plan details over SO standard parking spaces and over 35 larger spaces for truck and trailer customers, in conformance with zoning code requirements. Stream Setback and Riparian Corridor: A stream buffer is shown on the east and south side of the property, closely following the path of Rising Creek. Driveway: The site plan shows 2 driveways connecting to Militia Drive and I driveway connecting Algoa Road. Traffic: Please see engineering staff report for more information. Storm Water: Two stonnwater basins are show on the site plan. Utilities: Utility service appears to be sufficient in the area. Final construction drawings will be reviewed in accordance with City Code standards. Lighting: The narrative details that lighting will be in conformance with City Code requirements. An example photometric plan from another location was submitted with other application materials and is included in the case packet. Landscaping: The narrative states that landscaping will be in conformance with the City Code. Parking lot landscaping will reviewed in the final construction drawings. Signage: The narrative states that signage will meet City Code requirements. Signage for the company is proposed to be situated upon a freestanding multi-tenant sign situated near the ramp leading to Militia Drive. Other signage is noted for the canopies and building. Additionally, a monument sign is also shown near the southern most driveway connection. Freestanding signage for wayfinding is shown in two places on the site plan. Fire Hydrant: A fire hydrant exists adjacent to Militia Drive. Final construction drawings will be reviewed for determination of compliance with the City Code standards involving fire safety. Required Findings In accordance with Section35-73. 0.4, listed in the chart below are the 7 required findings for review of the requested Special Exception Use Permit. Section 35-73 states that the focus of Special Exception Use Permits is for, "... uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration, and require the imposition of conditions to ensure the appropriateness of the use at a particular location". The 7 review criteria include a variety of considerations such as impact on surrounding property as well as consistency with documents like the zoning ordinance and comprehensive plan. Review Criteria Yes No Notes Is consistent with the purpose and intent of the X The proposal would, by location to other zoning ordinance compatible and complimentary uses and lying within a reasonable zoning district, follow the purpose and intent of the zoning ordinance. Is consistent with the comprehensive plan X The comprehensive plan calls out this area as intended for industrial use. The proposed truck stop I travel plaza use would support industrial uses in the area. Shall not substantially and permanently injure X The use seems that it would be the appropriate use of neighboring property complimentary to surrounding industrial properties and intended industrial use of the area. Shall serve public convenience and welfare X The proposed use has the potential serve not only passenger vehicles but also truckers, including those transporting goods and materials to and from the industrial park. Shall not over burden the municipal services X Normal municipal services and utilities I are available in the area. Shall not cause traffic, parking, population X Militia Drive is a four lane roadway, density or environmental problems which should be sufficient to accommodate expected traffic. Shall not adversely affect the health, safety X The use is located in an area with and welfare of the community industrial uses and the proposal aligns with Zoning Code standards. Staff Recommendation Staff Recommends approval of the proposed Special Exception Use Permit. Final construction drawings will be reviewed with respect to normal City Code development standards. Form of Motion Motion to recommend approval of the requested Special Exception Use Permit for a truck stop I travel plaza within the M-1 Light Industrial zoning district. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, March 9, 2023, 5:15pm Item 6. -New Business/ Public Hearings- Case No. P23006-Special Exception Use Plan/ Permit for Commercial Vehicle Service Truck Stop/ Travel Plaza, 200 Block of Militia Drive (M-1 Zoning) ENGINEERING STAFF RECOMMENDATION- Recommend approval, subject to comments being addressed on the final site development site plan. Special Exceoti011 Pla11- Existing Infrastructure Summary • Public infrastructure exists in the vicinity. • Storm water facilities exist in the vicinity, Rising Creek bounds the property along the eastern side. • Sanitary sewer facilities exist in the vicinity. • Militia Drive is an existing, arterial roadway serving the east end Industrial area of Jefferson City. Improvements Summary Roadway Access • Existing drive entrances serve the property when Militia Drive was constructed. These drives will be replaced with two (2) paved drive entrances for the property, serving both the passenger vehicle and truck vehicle areas of the site. These drives will provide adequate access in and out of the site, providing good internal circulation to serve the property and providing more than one (1) way to/from the development. Spacing along the roadway for the drives is adequate (sight distance dimensions to the north and to the south for the new driveways will need to be quantified/ verified on the final plan/ design). • Trip generation analysis and information provided from the consultant indicates that the project will exceed I 00 peak hour trips required in order to require a formal traffic impact study. However, in lieu of a formal traffic impact analysis, the applicant.has proposed to widen the only inadequate portion of the roadway frontage, being the intersection of Algoa Road with Militia Drive. This will allow additional room for a separate left tum lane at the intersection, for vehicles on Algoa Road; between the new drive entrance proposed on Algoa Road and the Militia Drive intersection. This new driveway on Algoa Road will serve as access to the truck service area onsite. Widening of Algoa Road should occur past the new driveway to the site, with the taper occurring past the drive location back to the existing width of Algoa Road. Militia Drive is a four (4) lane section roadway, adequate to provide for both the existing and anticipated volume{s) of traffic for the vicinity. Additionally, approximately eight (8) feet wide shoulders are in place along either side of the roadway. Since Militia Drive is multilane, left turns into and right turns into the site can occur without impeding thru traffic on the roadway. Due to the width of the roadway, striping modifications to Militia Drive driving lanes could occur in the future, without additional pavement being necessary. If additional turning lanes need to be separated/ protected from the thru traffic, this could occur in conjunction with future pavement improvements. Storm Water I Erosion Control • Floodplain exists on the property along Rising Creek. This needs to be identified on the final site plan. • The consultant should verify that the stream setback shown on the drawing is for 60'-a 25' riparian corridor and an additional35' for structure setback from Rising Creek. • Storm water detention/ storm water quality treatment is also proposed for the property, located where existing sediment control ponds were located for the topsoil harvesting that occurred onsite prior to this development. • An erosion and sediment control plan will be needed as a part of final plan submittal. Sanitary Sewer • This development is served by a sanitary sewer main that follows Militia Drive across the frontage of the property. Sidewalk • ~idewalk is not proposed or required for the project. Fire Hydrants I Street Lights/ Utilities • Fire hydrants exist along Militia Drive frontage for the project and are in accordance with City standards. • Street lights do not exist along Militia Drive in this vicinity. • The site will need to be served by all necessary utilities. Review Status of Documents- • The Special Exception site plan has been reviewed and is generally in good order. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573·634·6410 JCP/anning(ci!jeffcrsoncitvmo.gov www.jeffersoncltymo.gov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: Special Exception Use Application Fee: Residential = $500 Commercial = $650 Proposed Land Use: 3.J .6 -Commercial Vehicle Service Truck Stopffravel Plaza (include Reference Number from Land Use Matrix; site plan must be attached) Property Location/Address: _2_0_0_B_I_o_ck_o_f _M_il_it_ia_D_riv_e _________________ _ Legal Description: (as follows or is attached) Tract A-1 on Survey of Record Book A, Page 884, Cole M-1 Current Zoning District: Does project involve a change in zoning district? ~No 0Yes, proposed zoning--------- tf yes, a separate rezoning application is required The undersigned hereby state they are the owners of the real estate described above or in th e attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED . IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE A'TT~.:~SEP~TE S~. Premium Top Soil, L.L.C . ~'-'~ \,.~h--.__1\ Property Owner #1 Name (type or print) ~~pe~y Owner ~Uature ».------6~-------_../ Property Owner #2 Name (type or print) Property Owner Signature Subscribed and sworn before me this _6_<_b ___ day of February in the year 2023 J1f~ /f@C._____ tJ Notary Public -+I· j IP o 55 1 (>-3 ); ):.,e g-; 5 -J.. Lf AddressofPropertyOwner#1 : 4421 Lake Rd .• Jefferson City, MO 65101 Address of Property Owner #2 Phone Number(s): 573.619.7895 (Bruemmer) 573 .690 .3555 (Berhorst) Applicant Information (if different from property owner) Name: SilverTree Co . -Jay Burchfield Address: 302 Campusview Dr., Ste. 106, C~ Phone Number(s): 573.268.1527 uu.Jv.ll Br4 , wro Gs z.o 1 -------------- For City Use Only: (Revised July 1, 2018} Application Filing Fee: Residential = $300 + $200 advertising fee Commercial = $450 + $200 advertising fee Payment Received : Qcash (Receipt # Ocheck (Copy; check# _____ -' ~achments :Qsite plan Q Q..subdivision Plat QProject Description Narrative QLocation Map U Applicant Information Sheet Other documentation Individuals should contact the ADA Coordinator at (573) 634·6570 to request accommodations or a/lema live formats a s required un der /he America ns with Disabilities Act. Please allow three business days to process /he request. Page 1 of 4 Special Exception Use Narrative MFA BreakTime Convenience Store/Travel Center Militia Drive, Jefferson Oty, MO Located in the 200 block of Militia Drive, the new MFA BreakTime convenience store and travel plaza will consist of a 6,500 square foot store with both passenger car and truck service areas. The state-of- the-art convenience store will feature MFA's signature Smokestack BBQ food service, Ice Cream Factory and Cooper's Chicken in addition to the regular quick grab and go prepared items. Seven (7) dispensers will serve the front passenger car area while Six (6) high flow dispensers will serve the rear truck area. The rear truck lot will also feature a CAT Scale. The trucker's area inside the building will feature showers, washer/dryer, TV lounge and private restrooms. A conceptual site plan and floor plan are included for reference. The prototype store will be very similar to stores recently completed in Bolivar, Sedalia and Warrensburg. Photos of the new Bolivar, MO store are included for reference. Additional design details are as follows: Landscaping -landscaping will be designed to meet code. lighting -lighting will be designed to meet code. A photometric of the Bolivar, MO store is included for reference. Signage-Signage will be consistent with prototypical BreakTime branded stores. Onsite signage will include branding on the fuel canopies, monument sign and building faces. A signage proof sheet is included to depict the onsite signage needs. Total permitted signage will be approximately 375 square feet. Wayfinding directional signage will also be installed to safely direct and separate the passenger car traffic from the truck/trailer traffic. A hi-rise pole sign will not be constructed onsite. We are working with the Chamber of Commerce on a related PUD application for a multi-tenant hi-rise sign at the Militia Drive highway exit. Traffic-The store will primarily capture current traffic already on Militia Drive as it is providing services convenient to the local area. The existing 4-lane Militia has the capacity to handle the traffic flow. Passenger car and Truck/Trailer vehicles will be separated as much as possible. To this end, we are proposing to access Algoa Road on the northern property line for the primary Truck/Trailer ingress- egress. We will upgrade approximately 310' of Algoa Rd. from Militia east to the Truck access drive. Please refer to the note on the site plan. Storm Water-The site will be designed to meet the current City requirements. The internal storm sewer piping and inlets for this project will be designed to handle the 25-year storm. In addition, dry detention basins are being proposed to the handle detention and water quality requirements. The maximum release rate from the development shall be controlled by limiting the post-development storm water release rates to the predevelopment rates for the 2, 10, and 100 year storms (the SO%, 10% and 1%, respectively). frlf! I B~ · MILITIA DRIVE TRACT ZONING EXHIBIT OPTION2 SCALE: r • w PREPARED BY: ©~~©~~ ENG IN EER ING CONSULTA NT S IOOOW.NM.., lhd.lldf,l Ctl~e. Mlutwl 6SIOS (Ill) UI•OIII www .crod::tlleagl•cetlftJ.COift Crechtt heluuht Cunllull, llC •1unr1 Cullllctlt tf AelhfiiJ •tOOOIJIIOI J Jefferson City Special Exception Use Application Addendum A-Review Criteria To be used to support special exception use requests. (Section 35-73.0.4) P rtyAdd 200 Block of Militia Drive rope ~ss __________________________________________ __ A II t N Silver Tree Co. -Jay Burchfield pp can ame --------------------------------------- Provide respons~s to the following requi~d findings. State all ~asons for your answer and use additional pages· to complete your answer if necessary. A. How is the proposed use consistent with purpose and intent of the zoning ordinance? The current M-1 zoning allows a convenience store. The travel plaza component requires the Special Exception within the M-1 district. B. How is the proposed use consistent with the comprehensive plan? The C-store/Travel Center will serve the existing commerical and industrial businesses in the immediate area. The use will compliment the existing character of the area. C. How does the proposed use not substantially and permanenUy injure the appropriate use of neighboring property? The property is on the main entrance road servicing the City's major business-industrial park. The use will provide services currently not present in the area and will compliment the current character of the area. D. How does the proposed use serve the public convenience and welfare? The convenience store/travel center will provide services currently not available in the area. E. How does the proposed use not over burden the municipal services? All municipal services are currently available to the site in quatinties sufficient for the intended use. F. How does the proposed use not cause traffic, parking. population density or environmental problems? The convenienc store/travel center will capture traffic and customers already in the local area and provide services not currently available. The existing 4-lane Militia Drive has adequate capacity. Improvements will be made to a portion of Algoa Rd. to facilitate safe logistical movement to and from the site. G. How does the proposed use not adversely affect the health, safety and welfare of the community? The convenience store/travel center will not generate any excessive noise or emissions. The use serves the current character of the area. .: I ~-! r I J I lL .. _1: j__j --:• =0 H H -'=" ' ....... /' ./;~·.·~ /·--· ./~:·.; .. , /-. /~ /~ ....... . /~ .. ····• /' /:~ ..... ./ :; L_!iOJ II II II II II II II II II II II II : ·, --1 ,·r•:/ :::J)-n- SIMON ASSOCIATES INC. ja 18111 ~~ I II I I I II II ARCHITECTURE llllLU.JJlD ,,I 1111 I Ill,.._~~~~~~ "-USIINIII ' I b 3 Jefferson City, Mo ....,..., Logo Ci>n blue side to only be orn ri~ht side of canopy. !3oth car~ep>y logos to be centered p>§1 Canopy channel letters SetA Break Time Set B _ • .,.._. •• ,,,._,_ ... ~ ..... .:_ .. -..:.·,~~-.-..-..-.~-."1111...,.,_~-M-'..1.-:-._,.._.~~· .... ----... .-~~-~·.--.. •·A-a.·.~-.......... ......,.,.._ ___ ~•C"'!.·.-!". tr:-::-:-·=-~-~:-_:_.::.~.~:·._,~::.:---:. :~~.:~·::-:·_·:·.~:.::..::.:·::--:::.:~. ~::·_ ... ·~ ·. ___ ... . . ·-: . . _':. .. :1 II Ill r:Jm~~ II ------------------------------------------. ~t:n..taL.~~~ LED Illuminated channel letters mounted directly to canopy . 1qty 2 qty Set A to have digitally printed logo with red trim and red returns. BreakTime letters to be blue with blue trim and blue returns. Set 8 to have digitally printed logo with red trim and red returns . BreakTime letters to be white with white trim and blue returns. • Pantone 7462 -Pantone 199 Sr~,~~lime ~ @u~~~UomJD® ~~~======== This Origi nal Art work is the properly or Ce ntral Sign & Li gh ting, LL C and is not to be viewed by or used in any way by anyone without our writt en p ermi ssi on. ll's sole purpo se is to visually co nv ey our proposed de sign ideas to our cus tomer a t their request or by our in itia ti ve. Break Time 6&Jam Jefferson City, Mo IIJBI 3 Green cut vinyl diesel lettering. DEF price panel for diesel canopy One set of vinyl on each long face, one west end facing hwy pg2 30" QTY2 92" ............. ............ ............ . .. . ............ ............ ............ . .. . ............ ............ . .......... . ~· H a..u 11•1111 DEF ...... ...... .. .. .. ...... ...... . .... . ...... ...... . .... . 21" ... ... ... ... . .. ............ ............ . .......... . ............ ... ............ . .......... . . ... .. 70" .,========== T hi s Original Artwork is the property of Cen tral S ign & Lighti ng, LLC and i s not to be viewed by or used in any way by anyone w ithout our writt en pe rmis sio n. ll's sole purp ose i s to vis ually convey o ur propos ed design ideas to ou r customer at th eir req uest or by our in i ti ative . llllJifllll'lll Break Time .&-·=-Jefferson City, Mo ~ 3 !-------------------...... ~ .. ~ ..... Monument sign with pricers pg4 144" 72" 12"Trim 27"VO _l 11.5" Divider 19" vo ___l I 1.5" Divide r 19" vo ___l 12"Trim 24" _l This Origina l Artwo rk is the property of Central Sign & Ligh ti ng, LLC and is not to be viewed by or used in a ny way b y anyo ne wi thout our writte n perm issio n. It's sole purpose is to vi su all y co nvey ou r pro posed design ideas to our custo mer at th eir re ques t or by ou r initi at ive . ~ 3 ........ ~.-....... ~ED Illuminated ch annel letters fo r buil d ing fron t JD95 62.3" -t--r8re~~Time1 <-; ' \ ;.) .~· ' .\: ..•. ':'~"':· <::: . J I ·J.-1 . , ~ . ,_,~~ BreakTrme r~· --:l-~ :... '1, 1 .. -... . .•. I . I I ~~f:-:~oc.:-o.r ... ' .· '-· ._ ....... ~----""~---·., ____ ..:.:.:::::..--::--,. ___ _ "-... ---~""···--~ . .,.,,]r~-> -:.::,~1 ,':Jf .. __ /~-g;fl_.m.cli>-----_ -···-BreakTime L l(;..l_~r:_··l~-:=·~--~-. =:!r:~-=-~~_j. -~ ··...:_ -io;.;.:. I I --·' =_ li . • ~-: I I I L I . :---·-' . . l ,__I ,·-~~· ~-.,.,\ --'! --·-' _1_ J . •, I I : I ,.,·-~! :--, T hi s Original A rtwork is the properl y of Ce ntral Sign & Lighting, LLC and i s nol to be viewed by or u sed in any way by anyone without our w rillen permission. ll's so l e purpose is lo vis ually convey our proposed d esign ideas 10 our cu slomer at the ir request or by our ini ti ative. Break Time ~ Jefferson City, Mo RJIITNiiiiW 3 • Single faced, directional pole sign . LED Illuminated. pg'P Adjust arr ows and add Trailer/RV 5' 4' 8' 4 This Origina l A rtwork i s the property of Cen tm l S ign & Lighting, LLC and i s not to be viewed by or use d in any way by anyone w ithout our written permission. It 's sole purpose is to visually convey our proposed design ideas to our customer at their request or by our ini tiat ive. -r---------------96" I I I ......... BJeakliime I Jefferson City, Mo I 1 ~ slfl '?B w ~~ ~"'~~~ ~~~~~ 34.45'' i -1-. ;.._.y tl lw ~~~ 1 ~ ~ ru ~ r:t t~t=!;? r;n .-.-''' I 3, ........ ~~~ Smokestack LED Illuminated efuanmelletters lirirm auud retu rr ms to IDe Recl mg.~ 'i . . •' ·, I :..:_~f /C ·---. ··~-~--~ --·--··· ··---·--·-------.·---·--·-· --------------------- Th is Ori ginal Artwork is th e property of Central Sig n & Lig hting , L LC and is no t to be vi ewed by or us ed in any way b y anyone without o ur written perm ission. It's sole purpose is l o visu ally convey our proposed design ideas to our customer at their req uest or by ou r initiative. •"' ... .,.; .. . ... ~ .. ·~ ";/. ·: :~ :~ •"' o"> •" •" .... ~ . ~ ... . ·"--·"' .... .. . ; .. -~ ::. .--~ •.. . .:. ... _.; .,:. . .: •" ...... .-.. ' . ·' ·" : :~ :~ :: ~ ......... •"' ... .~ •" .,; ... •' ·• .a .. ... •" . .; . •' . _., •" .> •' •" .... . ~ •' ... .,.; .~ ... •• •" .l . .; ...... .... ~ "': .,.; .. .. ;~ . .; "' ,; .... ..... .-. .:. ·'" ... .. •" .. .. . .. ..: ... .. .. .,.,; .. . .. •" ·' ·'" ... City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 March 3, 2023 Dear Property Owner: Phone: 513·634·6410 Fax: 573·634·6457 Th is letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, March 09, 2023 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street to consider the following matters (see map on back): Case No. P23006-200 Block Militia Drive, Special Exception Use Permit. Request filed by Premium Top Soil LLC, property owner, on behalf of SilverTree Co., applicant, for a Special Exception Use Permit to operate a commercial vehicle service truck stop/travel plaza within the M-1 Light Industrial zoning district. The property is located at the southeast corner of the intersection of Militia Drive and Algoa Road and is described as Part of Southwest Fractional Quarter of Section 19, Township 44 North, Range 10 West, in the City of Jefferson, Cole County, Missouri. As a nearby landowner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unab le 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: JCPianning@jeffersoncitymo.gov 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. on the day of the meeting will be included in 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 April 17, 2023. 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: https://www .j effe rso ncitymo.gov/governmenUplan ning/planni ng and zoni ng com m ission.ph p Please contact the Planning and Zoning Division via phone at 573.634 .6573 with pertinent questions. Best Regards, u~~ Kortney Bliss Planner 1 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 agenda items. Case No. P23006 0 200 4 00 800 1,200 1,600 Feet 200 Block of Militia Drive Special Exception Use Permit for a Truck Stop 185 ft. Notification Buffer ------ MILITARY CIR --y; - I~ l I 1 n Jefferson City Planning and Zoning Commission Property Owner list case No. P23006 200 Block OF Militia Drive 02/23/23 BRENNER, DARRELL & KELLY %DARRELL BRENNER PO BOX 105912 JEFFERSON CITY, MO 65110 6919 BRENNER LN MO 65101 COLE COUNTY 311 E HIGHST JEFFERSON CITY, MO 65101 MILITIA DR MO 65101 COMMAND WEB OFFSET COMPANY INC %WESCONLEY PO BOX2399 SECAUCUS, NJ 07096-2399 7100 ONE COLOR WAY MO 65101 DAVIS, DON MICHAEL 2720 MILITIA DR JEFFERSON CITY, MO 65101 7010 ALGOA RD MO 65101 JC CHAMBER 21ST CENTURY INVESTMENT LLC 213ADAMSST JEFFERSON CITY, MO 65101 PARTNERSHIP PKWY MO 65101 PREMIUM TOP SOIL L L C 4421LAKE RD JEFFERSON CITY, MO 65101 ALGOA RD JEFFERSON CITY I MO 65101 THREE RIVERS ELECTRIC COOPERATIVE 1324 E MAIN ST LINN, MO 65051 7050 PARTNERSHIP PKWY JEFFERSON CITY, MO 65101 UNION ELECTRIC CO PROPERTY TAX DEPT PO BOX 66149 MAIL CODE 212 ST. LOUISM063166-614 PARTNERSHIP PRKWV JEFFERSON CITY, MO 65101 MAIL CODE 212 ST LOUIS, MO 63166-6149 PARTNERSHIP PKWV JEFFERSON CITY, MO 65101 VANDERPLATZ L LC 4130 COUNTY RD 512 KOELTZTOWN, MO 65048 7310 ALGOA RD MO 65101 RESOLUTION SUMMARY RESOLUTION NO: RS2022-52 SPONSOR: Councilmember Kemna SUBJECT: Authorizing the Parks and Recreation Commission to Approve a Tax-Exempt Lease Purchase Agreement with Central Bank to Cover Equipment Purchases DATE INTRODUCED: April3. 2023 DEPARTMENTDIRECTOR(S):~~-~-' __ ,~-~~~~~>~-~--~~/-~~J~~~~~~~- CITY ADMINISTRATOR: __________________ _ Staff Recommendation: Approve. Summary: Authorizes the Parks and Recreation Commission to enter into a loan to cover Equipment Purchases. Origin of Request: Parks and Recreation Department Responsible: Parks and Recreation PERSON RESPONSIBLE: TODD SPALDING Background Information: This resolution would authorize the Parks and Recreation Commission to enter into a Tax-Exempt Lease Purchase Agreement with Central Bank to assist in covering Equipment Purchases. Equipment includes Kubota M7060 Tractor, Exmark LXX921 GKA726A Zero Turn X-Series, Toro Grandstand 60 Stand on Mower, and aToro Greenmaster 3150-Q Commercial Mower. Fiscal Information: The principal amount of the Tax-Exempt Lease Purchase Agreement is $119,469.58 with an interest rate of 4.850fc,. Annual payment from the Parks Fund will be $43,8000 for term of three years. RESOLUTION RS2022-52 Sponsor: Councilmember Kemna A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A TAX-EXEMPT LEASE PURCHASE AGREEMENT WITH CENTRAL BANK FOR CERTAIN PARKS EQUIPMENT WHEREAS, Parks and Recreation Commission desires to acquire certain equipment to utilize for the daily operation of the Parks Department properties; and WHEREAS, Central Bank offers Lease Purchasing services through a procurement process conducted by the State of Missouri and made available to pol itical subdivision like the City that enter into a Memorandum of Understanding with Central Bank; and WHEREAS, this Central Bank as offered a Tax-Exempt Lease Purchase Agreement in a principal amount of $119,469 for a term of three years to allow the Parks and Recreation Commission to acquire such equipment. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, as follows: SECTION 1. The Mayor and City Clerk are authorized to execute the Tax-Exempt Lease Purchase Agreement attached hereto as Exhibit A. SECTION ~· The Parks and Recreation Commission is hereby directed to appropriate sufficient funds in the Park Fund to ensure the payments set forth in the attached Tax-Exempt Lease Purchase Agreement are met in accordance with terms thereof. Adopted this 3Ro day of April , 2023 Mayor Carrie Tergin ATIEST: APPROVED AS TO FORM : City Clerk Page 1 of 5 (Form Revised 3/2013) TAX-EXEMPT EQUIPMENT LEASE PURCHASE AGREEMENT Legal Name of Lessee Federal Tax I.D. No. CITY OF JEFFERSON 44-6000193 Legal Name of Lessor THE CENTRAL TRUST BANK KEY TERMS Commencement Date Initial Aggregate Principal Portion BANK QUALIFICATION By checking the box below, Lessee hereby designate this Lease as a "qualified tax- exempt obligation" as defined in Section 265(b)(3)(B) of the Internal Revenue Code of 1986, as amended (the “Code”), and represents that the aggregate face amount of all tax-exempt obligations (excluding private activity bonds other than qualified 501(c)(3) bonds) issued or to be issued by Lessee and its subordinate entities during the calendar year in which the Commencement Date occurs, is not reasonably expected to exceed $10,000,000. Bank Qualification Elected_______ (initialed by Lessee’s authorized representative) April 4, 2023 $119,469.58 Maximum Lease Term End Rental Payments April 4, 2026 See Payment Schedule attached Fiscal Year Ending Date Nominal Interest Rate October 31 4.85% (30/360 day count) TERMS AND CONDITIONS 1. Lease and Term. Lessor leases to Lessee the Equipment listed on Exhibit A hereto (the “Equipment”), and Lessee leases the Equipment from Lessor, in accordance with the provisions of this Agreement. This Agreement is effective and Lessee’s obligation to pay rent commences on the Commencement Date shown above, which date will be the date that funds are advanced to Lessee or the vendor of the Equipment to pay or reimburse all or a portion of the cost of the Equipment. The initial term of this Agreement will commence on the Commencement Date and end on the last day of Lessee’s current fiscal year (“Original Term”). This Agreement may be continued, solely at the option of Lessee, for additional one-year renewal terms (“Renewal Term”) ending on the last day of each succeeding fiscal year of Lessee, up to the Maximum Lease Term shown above. At the end of the Original Term and at the end of each Renewal Term until the Maximum Lease Term has been completed, Lessee will be deemed to have exercised its option to continue this Agreement for the next Renewal Term unless Lessee has terminated this Agreement pursuant to paragraphs 4 or 23 hereof. The terms and conditions during any Renewal Term will be the same as the terms and conditions during the Original Term, except that the Rental Payments will be as provided in the Payment Schedule attached as Exhibit B (“Payment Schedule”), for each such Renewal Term. The Original Term and all Renewal Terms are referred to collectively as the “Lease Term.” 2. Delivery of Equipment. On the Commencement Date, Lessor will disburse funds in payment of the purchase price of each piece of Equipment to the vendor(s) or existing lessor, as directed by Lessee, with title to the Equipment vesting as described in paragraph 10 of this Agreement. Lessee has selected the Equipment and caused it to be delivered to Lessee at the location specified above. As evidenced by delivery to Lessor of Lessee’s Acceptance Certificate attached as Exhibit C, Lessee has accepted the Equipment for all purposes. The location of the primary use, or garaging, of the Equipment will be as set forth on Exhibit A, or at such other location within Lessee’s boundaries. Lessee will provide prompt written notice to Lessor of the new primary use, or garaging, location. 3. Rental Payments. Lessee will pay Rental Payments, exclusively from legally available funds, in lawful money of the United States of America to Lessor in the amounts and on the dates set forth on the Payment Schedule. Rental Payments will be in consideration for Lessee’s use of the Equipment during the fiscal year in which such payments are due. Any Rental Payment not received on or before its due date will bear interest at the rate of 10% per annum or the maximum amount permitted by law, whichever is less, from its due date. As set forth on the Payment Schedule, a portion of each Rental Payment is paid as, and represents payment of, interest. Except as provided in paragraph 4, the obligations of Lessee to make Rental Payments and to perform and observe the other covenants and agreements contained in this Agreement shall be absolute and unconditional in all events, without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns or infirmities in the equipment or any accident, condemnation or unforeseen circumstances. 4.Continuation of Lease Term; Nonappropriation. Lessee currently intends, subject to the provisions of this paragraph, to continue the Lease Term and to pay the Rental Payments through the Maximum Lease Term. Lessee reasonably believes that legally available funds in an amount sufficient to make all Rental Payments during the Maximum Lease Term can be obtained. The responsible financial officer of Lessee will do all things lawfully within his or her power to obtain and maintain funds from which the Rental Payments may be made, including making provision for the Rental Payments in each annual budget submitted for approval in accordance with applicable procedures of Lessee. Notwithstanding the foregoing, the decision to appropriate funds and to extend this Agreement for any Renewal Term is solely within the discretion of Lessee’s then current governing body, and Lessee is obligated only to pay such Rental Payments as may lawfully be made from funds budgeted and appropriated for that purpose during Lessee’s then current fiscal year. If sufficient funds have not been appropriated or are not otherwise legally available to pay the Rental Payments required to be paid in the next occurring Renewal Term, this Agreement will be deemed to be terminated at the end of the then current Original Term or Renewal Term. Lessee agrees to deliver notice to Lessor of such termination within 10 days following the end of the Original Term or Renewal Term of Lessee’s failure to renew this Agreement, but failure to give such notice will not extend the Lease Term beyond such Original Term or Renewal Term. If this Agreement is terminated in accordance with this paragraph, Lessee agrees, at Lessee’s cost and expense, to peaceably deliver the Equipment to Lessor at the location or locations specified by Lessor. The obligation of Lessee to pay Rental Payments hereunder will constitute a current expense of Lessee. Lessee’s obligation hereunder will not in any way be construed to be an indebtedness of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by Lessee, nor will anything contained herein constitute a pledge of the general credit, tax revenues, funds or moneys of Lessee. 5.Lessee’s Representations, Warranties and Covenants. Lessee represents, warrants and covenants, for Lessor’s benefit: (a) Lessee is a political subdivision duly organized and existing under the constitution and laws of the State of Missouri, and Lessee will do or cause to be done all things to preserve and keep in full force and effect its existence as a body corporate and politic; Page 2 of 5 (b) Lessee has been duly authorized to execute and deliver this Agreement by proper action and approval of its governing body at a meeting duly called, regularly convened and attended throughout by a requisite majority of the members thereof; (c) this Agreement constitutes a legal, valid and binding obligation of Lessee enforceable in accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors’ rights generally; (d) no event or condition that constitutes, or with the giving of notice or the lapse of time or both would constitute, an Event of Default exists at the Commencement Date; (e) Lessee has, in accordance with the requirements of law, fully budgeted and appropriated sufficient funds for the current fiscal year to make the Rental Payments scheduled to come due during the Original Term and to meet its other obligations for the Original Term, and such funds have not been expended for other purposes; (f) Lessee has complied with public bidding requirements as may be applicable to this Agreement and the acquisition by Lessee of the Equipment; (g) there is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, public board or body, pending or threatened against or affecting Lessee, nor to the best Lessee’s knowledge is there any basis therefor, wherein an unfavorable decision, ruling or finding would materially adversely affect the transactions contemplated by this Agreement or any other document, agreement or certificate which is used or contemplated for use in the consummation of the transactions contemplated by this Agreement; (h) all authorizations, consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by Lessee of this Agreement or in connection with the carrying out by Lessee of its obligations hereunder have been obtained; (i) the entering into and performance of this Agreement or any other document or agreement contemplated hereby to which Lessee is or is to be a party will not violate any judgment, order, law or regulation applicable to Lessee or result in any breach of, or constitute a default under, or result in the creation of any lien, charge, security interest of other encumbrance on any assets of Lessee or the Equipment pursuant to any indenture, mortgage, deed of trust, bank loan or credit agreement or other instrument to which Lessee is a party or by which it or its assets may be bound, except as herein provided; (j) the Equipment is essential to Lessee’s governmental function or to the service it provides to its citizens; (k) Lessee has an immediate need for, and expects to make immediate use of, substantially all the Equipment, which need is not temporary or expected to diminish in the foreseeable future; (l) the Equipment will be used by Lessee only for the purpose of performing one or more of Lessee’s governmental or proprietary functions consistent with the permissible scope of Lessee’s authority; (m) neither the payment of the Rental Payments hereunder nor any portion thereof is (1) secured by any interest in property used or to be used in a trade or business of a non-exempt person (within the meaning of Section 103 of the Code) or in payments in respect of such property or (2) derived from payments in respect of property, or borrowed money, used or to be used in a trade or business of a non-exempt person (within the meaning of Section 103 of the Code); (n) no portion of the Equipment will be used directly or indirectly in any trade or business carried on by any non-exempt person (within the meaning of Section 103 of the Code); (o) Lessee will comply with all applicable provisions of the Code, including without limitation Sections 103 and 148 thereof, and the applicable regulations of the Treasury Department to maintain the exclusion of the interest portions of Rental Payments from gross income for purposes of federal income taxation; (p) Lessee will use the proceeds of this Agreement as soon as practicable and with all reasonable dispatch for the purpose for which this Agreement has been entered into; (q) no part of the proceeds of this Agreement will be invested in any securities, obligations or other investments or used, at any time, directly or indirectly, in a manner which, if such use had been reasonably anticipated on the date of issuance of this Agreement, would have caused any portion of this Agreement to be or become “arbitrage bonds ” within the meaning of Section 103(b)(2) or Section 148 of the Code and the applicable regulations of the Treasury Department; (r) If, on the first page of this Agreement, Lessee has designated this Agreement as a "qualified tax-exempt obligation" as defined in Section 265(b)(3)(B) of the Code, Lessee and its subordinate entities will not issue tax-exempt obligations, including this Lease, in an aggregate amount exceeding $10,000,000 during the calendar year in which the Commencement Date occurs; and (s) Lessee will take such other actions as may be necessary to comply with the Code and with other applicable future law, in order to ensure that the interest portion of the Rental Payments will remain excluded from federal gross income, to the extent any such actions can be taken by Lessee. 6.Enjoyment of Equipment. Lessor will provide Lessee with quiet use and enjoyment of the Equipment during the Lease Term, and Lessee will peaceably and quietly have and hold and enjoy the Equipment during the Lease Term, without suit, trouble or hindrance from Lessor, except as otherwise expressly set forth in this Agreement. 7.Right of Inspection. Lessor will have the right at all reasonable times during regular business hours to enter into and upon Lessee’s property for the purpose of inspecting the Equipment. 8.Use of the Equipment. Lessee will not install, use, operate or maintain the Equipment improperly, carelessly, in violation of any applicable law or in a manner contrary to that contemplated by this Agreement. Lessee will obtain all permits and licenses, if any, necessary for the installation and operation of the Equipment. In addition, Lessee agrees to comply in all respects (including, without limitation, with respect to the use, maintenance and operation of each item of the Equipment) with all applicable laws, regulations and rulings of any legislative, executive, administrative or judicial body; provided, however, that Lessee may contest in good faith the validity or application of any such law, regulation or ruling in any reasonable manner that does not, in the Lessor’s opinion, adversely affect the Lessor’s interest in and to the Equipment or its interest or rights under this Agreement. 9.Maintenance of Equipment. Lessee agrees that it will, at Lessee’s own cost and expense, maintain, preserve and keep the Equipment in good repair, working order and condition. Lessor will have no responsibility to maintain, or repair or to make improvements or additions to the Equipment. If requested to do so by Lessor, Lessee will enter into a maintenance contract for the Equipment with Vendor. 10.Title to the Equipment. During the Lease Term, title to the Equipment and any and all additions, repairs, replacements or modifications will vest in Lessee, subject to Lessor’s rights under this Agreement; provided that title will thereafter immediately and without any action by Lessee vest in Lessor, and Lessee will immediately surrender possession of the Equipment to Lessor upon (a) any termination of this Agreement other than termination pursuant to paragraph 23 hereof or (b) the occurrence of an Event of Default. It is the intent of the parties hereto that any transfer of title to Lessor pursuant to this paragraph will occur automatically without the necessity of any bill of sale, certificate of title or other instrument of conveyance. Lessee will, nevertheless, execute and deliver any such instruments as Lessor may request to evidence such transfer. Lessee, irrevocably designates, makes, constitutes and appoints Lessor and its assignee as Lessee’s true and lawful attorney (and agent in-fact) with power, at such time of termination or times thereafter as Lessor in its sole and absolute discretion may determine, in Lessee’s or Lessor’s or such assignee’s name, to endorse Lessee’s name upon any bill of sale, document, instrument, invoice, freight bill, bill of lading or similar document relating to the Equipment in order to vest title in Lessor and transfer possession to Lessor. 11.Retention of Security Interest. To secure the payment of all of Lessee’s obligations under this Agreement and to the extent permitted by law, Lessor retains a security interest constituting a first lien on the Equipment and on all additions, attachments and accessions thereto and substitutions therefor and proceeds therefrom. Lessee agrees to execute such additional documents in form satisfactory to Lessor, that Lessor deems necessary or appropriate to establish and maintain its security interest. Lessee agrees that financing statements may be filed with respect to the security interest granted herein. If the Page 3 of 5 Equipment includes a motor vehicle subject to the registration of title requirements of Missouri law, Lessee will, at Lessee’s expense, file an application for and obtain the first certificate of title for each vehicle constituting Equipment leased hereunder, designating Lessee as owner and Lessor as first lienholder, and a certificate of registration issued in Lessee’s name. Lessee will, at Lessee’s expense, take such action as shall be necessary from time to time to avoid suspension or revocation of any certificates of title and to renew and maintain all certificates of registration. If Lessee is required to obtain any new certificate of title or of registration, Lessee will, at Lessee’s expense and with written notice to Lessor of such action, obtain such new certificate of title or of registration in the form described above. Immediately upon receipt, Lessee will deliver the original certificate of title to Lessor and will notify the Lessor of the license plate number of each vehicle constituting Equipment leased hereunder. Lessee will provide Lessor with all license, registration and vehicle identification numbers relating to each vehicle and will arrange for the registration and titling of all such vehicles. Lessee will notify Lessor of any changes to the certificate of registration or license plate within 10 days of such change. Lessee will comply with all present and future laws, regulations, and orders relating to the vehicles constituting Equipment leased hereunder. 12. Personal Property. Lessor and Lessee agree that the Equipment is and will remain personal property. The Equipment will not be deemed to be affixed to or a part of the real estate on which it may be situated, notwithstanding that the Equipment or any part thereof may be or hereafter become in any manner physically affixed or attached to such real estate or any building thereon. Upon Lessor’s request, Lessee will, at Lessee’s expense, furnish a waiver of any interest in the Equipment from any party having an interest in any such real estate or building. 13. Liens, Taxes, Other Governmental Charges and Utility Charges. Lessee will keep the Equipment free and clear of all liens, charges and encumbrances, except those created under this Agreement. The parties to this Agreement contemplate that the Equipment will be used for a governmental or proprietary purpose of Lessee and, therefore, that the Equipment will be exempt from all property taxes. If the use, possession or acquisition of the Equipment is found to be subject to taxation in any form, Lessee will pay all taxes and governmental charges lawfully assessed or levied against or with respect to the Equipment. Lessee will pay all utility and other charges incurred in the use and maintenance of the Equipment. Lessee will pay such taxes and charges as the same become due; provided that, with respect to any such taxes and charges that may lawfully be paid in installments over a period of years, Lessee will be obligated to pay only such installments that accrue during the Lease Term. 14.Insurance. At its own expense, Lessee will maintain (a) casualty insurance insuring the Equipment against loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in Missouri and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Price of the Equipment, (b) liability insurance that protects Lessor from liability in all events in form and amount satisfactory to Lessor, and (c) workers’ compensation coverage as required by Missouri laws; provided that, with Lessor’s prior written consent, Lessee may self-insure against the risks described in clauses (a) and (b). All insurance proceeds from casualty losses will be payable as hereinafter provided. Lessee will furnish to Lessor certificates evidencing such coverage throughout the Lease Term. All such casualty and liability insurance will be with insurers that are acceptable to Lessor, will name Lessee and Lessor as insureds and will contain a provision to the effect that such insurance will not be cancelled or modified materially without first giving written notice thereof to Lessor at least ten days in advance of such cancellation or modification. All such casualty insurance will contain a provision making any losses payable to Lessee and Lessor, as their respective interests may appear. 15.Advances. In the event Lessee fails to maintain the insurance required by this Agreement or fails to keep the Equipment in good repair and operating condition, Lessor may (but will be under no obligation to) purchase the required policies of insurance and pay the premiums on the same and make such repairs or replacements as are necessary and pay the cost thereof. All amounts so advanced by Lessor will become additional rent for the then current Original Term or Renewal Term. Lessee agrees to pay such amounts with interest thereon from the date paid at the rate of 10% per annum or the maximum permitted by law, whichever is less. In accordance with Section 427.120 of the Revised Statutes of Missouri, unless Lessee provides evidence of the insurance coverage required by this Agreement, Lessor may purchase insurance at Lessee’s expense to protect Lessor’s interests hereunder. This insurance may, but need not, protect Lessee’s interests. The coverage that Lessor may purchase may not pay any claim that Lessee may make or any claim that may be made against Lessee in connection with the Equipment. Lessee may later cancel any insurance purchased by Lessor, but only after providing evidence that Lessee has obtained insurance as required by this Agreement. If Lessor purchases insurance for the Equipment, Lessee will be responsible for the costs of that insurance, including the insurance premium, interest and any other charges Lessor may impose in connection with the placement of the insurance, until the effective date of the cancellation or expiration of the insurance. The costs of the insurance will be added as additional rent. The costs of the insurance may be more than the cost of insurance Lessee may be able to obtain on its own. 16.Financial Information. Lessee will annually provide Lessor with current financial statements, budgets, proofs of appropriation for the ensuing fiscal year and such other financial information relating to Lessee’s ability to continue this Agreement as may be requested by Lessor. 17.Release and Indemnification. To the extent permitted by law, Lessee will indemnify, protect and hold harmless Lessor from and against any and all liability, obligations, losses, claims and damages whatsoever, regardless of cause thereof, and expenses in connection therewith (including, without limitation, counsel fees and expenses and any federal income tax and interest and penalties connected therewith imposed on interest received) arising out of or as the result of (a) the entering into this Agreement, (b) the ownership of any item of the Equipment, (c) the ordering, acquisition, use, operation, condition, purchase, delivery, rejection, storage or return of any item of the Equipment, (d) any accident in connection with the operation, use, condition, possession, storage or return of any item of the Equipment resulting in damage to property or injury or death to any person or (e) the breach of any covenant herein or any material misrepresentation contained herein. The indemnification arising under this paragraph will continue in full force and effect notwithstanding the full payment of all obligations under this Agreement or the termination of the Lease Term for any reason. 18. Risk of Loss. Lessee assumes, from and including the Commencement Date, all risk of loss of or damage to the Equipment from any cause whatsoever. No such loss of or damage to the Equipment nor defect therein nor unfitness or obsolescence thereof will relieve Lessee of the obligation to make Rental Payments or to perform any other obligation under this Agreement. 19.Damage, Destruction and Condemnation. If (a) the Equipment or any portion thereof is destroyed, in whole or in part, or is damaged by fire or other casualty, or (b) title to, or the temporary use of, the Equipment or any part thereof or the interest of Lessee or Lessor in the Equipment or any part thereof will be taken under the exercise of the power of eminent domain by any governmental body or by any person, firm or corporation acting under governmental authority, Lessee and Lessor will cause the Net Proceeds of any insurance claim or condemnation award to be applied to the prompt replacement, repair, restoration, modification or improvement of the Equipment, unless Lessee has exercised its option to purchase the Equipment pursuant to paragraph 23 hereof. Any balance of the Net Proceeds remaining after such work has been completed will be paid to Lessee. 20.Insufficiency of Net Proceeds. If the Net Proceeds are insufficient to pay in full the cost of any repair, restoration, modification or improvement referred to in paragraph 18 hereof, Lessee will either (a) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds, or (b) purchase Lessor’s interest in the Equipment pursuant to paragraph 23 hereof. The amount of the Net Proceeds, if any, remaining after completing such repair, restoration, modification or improvement or after purchasing the Equipment will be retained by Lessee. If Lessee will make any payments pursuant to this paragraph, Lessee will not be entitled to any reimbursement therefor from Lessor nor will Lessee be entitled to any diminution of the amounts payable under this Lease. 21.Disclaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR USE OR PURPOSE OF THE EQUIPMENT OR AGAINST INFRINGEMENT, OR ANY OTHER WARRANTY OR REPRESENTATION WITH RESPECT THERETO. IN Page 4 of 5 NO EVENT SHALL LESSOR BE LIABLE FOR ANY ACTUAL, INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS AGREEMENT OR THE EXISTENCE, FURNISHING, FUNCTIONING OR LESSEE’S USE OR MAINTENANCE OF ANY EQUIPMENT OR SERVICES PROVIDED FOR IN THIS AGREEMENT. 22. Vendor’s Warranties. Lessee may have rights under the contract evidencing the purchase of the Equipment; Lessee is advised to contact the Vendor for a description of any such rights. Lessor hereby assigns to Lessee during the Lease Term all warranties running from Vendor to Lessor. Lessor hereby irrevocably appoints Lessee its agent and attorney-in-fact during the Lease Term, so long as Lessee will not be in default hereunder, to assert from time to time whatever claims and rights (including without limitation warranties) related to the Equipment that Lessor may have against the Vendor. Lessee’s sole remedy for the breach of any such warranty, indemnification or representation will be against the Vendor, and not against Lessor. Any such matter will not have any effect whatsoever on Lessor’s rights and obligations with respect to this Agreement, including the right to receive full and timely payments hereunder. Lessee expressly acknowledges that Lessor makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties by the Vendor. 23.Purchase Option. Lessee will have the option to purchase the Equipment, upon giving written notice to Lessor at least 30 days before the date of purchase, on any date, upon payment in full of the Rental Payments then due hereunder plus the accrued interest portion of Rental Payments to the purchase date plus any other amounts then due hereunder, plus (i) the Purchase Price designated on the Payment Schedule for such purchase date if such purchase date is a Rental Payment Date, or the Purchase Price for the immediately preceding Rental Payment Date if such purchase date is not a Rental Payment Date, and (ii) if such day is not a Rental Payment Date, an amount equal to the portion of the interest portion of the Rental Payment scheduled to come due on the following Rental Payment Date accrued from the immediately preceding Rental Payment Date to such purchase date, computed on the day-count basis of actual/365. Upon the exercise of the option to purchase set forth above, title to the Equipment will be vested in Lessee, free and clear of any claim by or through Lessor. Lessee and Lessor hereby agree and determine that the Rental Payments hereunder during the Original Term and each Renewal Term represent the fair value of the use of the Equipment and that the amount required to exercise Lessee’s option to purchase the Equipment pursuant to this paragraph represents, as of the end of the Original Term or any Renewal Term, the fair purchase price of the Equipment. Lessee hereby determines that the Rental Payments do not exceed a reasonable amount so as to place Lessee under a practical economic compulsion to renew this Agreement or to exercise its option to purchase the Equipment hereunder. In making such determinations, Lessee and Lessor have given consideration to (a) the costs of the Equipment, (b) the uses and purposes for which the Equipment will be employed by Lessee, (c) the benefit to Lessee by reason of the acquisition and installation of the Equipment and the use of the Equipment pursuant to the terms and provisions of this Agreement, and (d) Lessee’s option to purchase the Equipment. Lessee hereby determines and declares that the acquisition and installation of the Equipment and the leasing of the Equipment pursuant to this Agreement will result in equipment of comparable quality and meeting the same requirements and standards as would be necessary if the acquisition and installation of the Equipment were performed by Lessee other than pursuant to this Agreement. Lessee hereby determines and declares that the Maximum Lease Term does not exceed the useful life of the Equipment. 24.Assignment by Lessor. Lessor’s interest in, to and under this Agreement and the Equipment may be assigned and reassigned in whole or in part to one or more assignees by Lessor without the necessity of obtaining Lessee’s consent; provided that any assignment will not be effective until Lessee has received written notice, signed by the assignor, of the name, address and tax identification number of the assignee. Lessee will retain all such notices as a register of all assignees and will make all payments to the assignee or assignees designated in such register. Lessee agrees to execute all documents, including notices of assignment and chattel mortgages or financing statements that may be reasonably requested by Lessor or any assignee to protect its interest in the Equipment and in this Agreement and agrees to the filing of financing statements with respect to the Equipment and this Agreement. Lessee will not have the right to and will not assert against any assignee any claim, counterclaim or other right Lessee may have against Lessor. 25.Assignment and Subleasing by Lessee. None of Lessee’s right, title and interest in, to and under this Agreement and in the Equipment may be assigned or encumbered by Lessee for any reason, except that Lessee may sublease all or part of the Equipment if Lessee obtains the prior written consent and an opinion of nationally recognized counsel in the area of tax exempt municipal obligations satisfactory to Lessor that such subleasing will not adversely affect the exclusion of the interest portions of the Rental Payments from gross income for federal income tax purposes. Any such sublease of all or part of the Equipment will be subject to this Agreement and the rights of Lessor in, to and under this Agreement and the Equipment. 26. Events of Default Defined. Subject to the provisions of paragraph 4 hereof, any of the following will be “Events of Default” under this Agreement: (a) Failure by Lessee to pay any Rental Payment or other payment required to be paid hereunder at the time specified herein; (b) Failure by Lessee to observe and perform any covenant, condition or agreement on its part to be observed or performed, other than as referred to in paragraph (a) above, for a period of 30 days after written notice, specifying such failure and requesting that it be remedied, is given to Lessee by Lessor, unless Lessor will agree in writing to an extension of such time prior to its expiration; provided, however, if the failure stated in the notice cannot be corrected within the applicable period, Lessor will not unreasonably withhold its consent to an extension of such time if corrective action is instituted by Lessee within the applicable period and diligently pursued until the default is corrected; (c) Any statement, representation or warranty made by Lessee in or pursuant to this Agreement or its execution, delivery or performance will prove to have been false, incorrect, misleading or breached in any material respect on the date when made; (d) Any provision of this Agreement will at any time for any reason cease to be valid and binding on Lessee, or will be declared to be null and void, or the validity or enforceability thereof will be contested by Lessee or any governmental agency or authority if the loss of such provision would materially adversely affect the rights or security of Lessor, or Lessee will deny that it has any further liability or obligation under this Agreement; (e) Lessee will (i) apply for or consent to the appointment of a receiver, trustee, custodian or liquidator of Lessee, or of all or a substantial part of Lessee’s assets, (ii) be unable, fail or admit in writing its inability generally to pay its debts as they become due, (iii) make a general assignment for the benefit of creditors, (iv) have an order for relief entered against it under applicable federal bankruptcy law, or (v) file a voluntary petition in bankruptcy or a petition or an answer seeking reorganization or an arrangement with creditors or taking advantage of any insolvency law or any answer admitting the material allegations of a petition filed against Lessee in any bankruptcy, reorganization or insolvency proceeding; or (f) An order, judgment or decree will be entered by any court of competent jurisdiction, approving a petition or appointing a receiver, trustee, custodian or liquidator of Lessee or of all or a substantial part of Lessee’s assets, in each case without its application, approval or consent, and such order, judgment or decree will continue unstayed and in effect for any period of 30 consecutive days. 27.Remedies on Default. Whenever any Event of Default exists, Lessor will have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: (a) by written notice to Lessee, Lessor may declare all Rental Payments and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term to be due; (b) with or without terminating this Agreement, Lessor may enter the premises where the Equipment is located and retake possession of the Equipment or require Lessee at Lessee’s expense to promptly return any or all of the Equipment to the possession of Lessor at a place specified by Lessor, and sell or lease the Equipment or, for Lessee’s account, sublease the Equipment, holding Lessee liable for the difference between (i) the Rental Payments and other amounts payable by Lessee hereunder to the end of the then current Original Term or Renewal Term, and (ii) the net proceeds of any such sale, lease or sublease (after deducting all expenses of Lessor in exercising its remedies under this Agreement, including without limitation, all expenses of taking possession, storing, reconditioning and selling or leasing the Equipment and all Page 5 of 5 brokerage, auctioneers’ and attorneys’ fees); and (c) Lessor may take whatever other action at law or in equity may appear necessary or desirable to enforce its rights as the owner of the Equipment. In addition, Lessee will remain liable for all covenants and indemnities under this Agreement and for all legal fees and other costs and expenses, including court costs, incurred by Lessor with respect to the enforcement of any of the remedies listed above or any other remedy available to Lessor. 28. No Remedy Exclusive. No remedy herein conferred upon or reserved to Lessor is intended to be exclusive and every such remedy will be cumulative and will be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default will impair any such right or power or will be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it hereunder, it will not be necessary to give any notice, other than such notice as may specifically be required in this Agreement. 29.Termination of Lease Term. The Lease Term will terminate upon the earliest of any of the following events: (a) the expiration of the Original Term or any Renewal Term of this Agreement and the nonrenewal of this Agreement in the event of nonappropriation of funds pursuant to paragraph 4 hereof; (b) the exercise by Lessee of the option to purchase the Equipment granted under paragraph 23 hereof and payment of the Purchase Price and all amounts payable in connection therewith; (c) a default by Lessee and Lessor’s election to terminate this Agreement under paragraph 27 hereof; or (d) the payment by Lessee of all Rental Payments authorized or required to be paid by Lessee hereunder during the Maximum Lease Term. 30.Notices. All notices, certificates or other communications hereunder will be sufficiently given and will be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at the addresses immediately after the signatures to this Agreement (or at such other address as either party hereto will designate in writing to the other for notices to such party), to any assignee at its address as it appears on the register maintained by Lessee. 31.Binding Effect. This Agreement will inure to the benefit of and will be binding upon Lessor and Lessee and their respective successors and assigns. 32.Severability. In the event any provision of this Agreement will be held invalid or unenforceable by any court of competent jurisdiction, such holding will not invalidate or render unenforceable any other provision hereof. 33.No Other Agreements. Oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt, including promises to extend or renew such debt are not enforceable, regardless of the legal theory upon which it is based, that is in any way related to this Agreement. To protect Lessee and Lessor from misunderstanding, any agreements we reach covering such matters are contained in this writing, and in any account control agreement governing the deposit and expenditure of proceeds of this Agreement, which documents are the complete and exclusive statement of the agreement between Lessee and Lessor, except as later amended in accordance with paragraph 34 of this Agreement. 34.Amendments. This Lease may be amended, changed or modified in any manner only by written agreement of Lessor and Lessee. Any waiver of any provision of this Lease or any right or remedy hereunder must be affirmatively and expressly made in writing and will not be implied from inaction, course of dealing or otherwise. 35.Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which will be an original and all of which will constitute but one and the same instrument. 36.Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions of this Agreement. 37.Applicable Law. This Agreement will be governed by and construed in accordance with the laws of the State of Missouri. 38. Electronic Transactions. The parties agree that the transaction described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action or suit in the appropriate court of law. LESSEE SIGNATURE Lessee: CITY OF JEFFERSON By: Name: Carrie Tergin Title: Mayor Notice Address: 320 E McCarty Street Jefferson City, MO 65101 LESSOR SIGNATURE Lessor: THE CENTRAL TRUST BANK By: Name: Mat Heinrich Title: Senior Vice President Notice Address: Commercial Banking Department 111 E. Miller St. Jefferson City, MO 65101 INCUMBENCY CERTIFICATION I, the undersigned, do hereby certify that I am the duly appointed or elected official of Lessee, with responsibility for recordkeeping, and that the officer of Lessee who executed this Agreement on behalf of Lessee and whose genuine signature appears above, is the duly qualified and acting officer of Lessee as stated beneath his or her signature, and has been authorized to execute the foregoing Agreement on behalf of Lessee. By: Name: Leigh Ann Corrigan Title: Purchasing Agent _______ (initialed by LESSOR’S authorized representative) _______ (initialed by LESSEE’S authorized representative) Legal Name of Lessee Federal Tax I.D. No. CITY OF JEFFERSON 44-6000193 Legal Name of Lessor THE CENTRAL TRUST BANK EXHIBIT A TO TAX-EXEMPT EQUIPMENT LEASE PURCHASE AGREEMENT EQUIPMENT SCHEDULE The Equipment leased pursuant to this Agreement includes each item of equipment listed below, and all additions, attachments and accessions thereto and substitutions therefor and proceeds therefrom: Equipment Make Model Serial Number/VIN Description Address of Primary Use/Garaging Location Vendor Name & Address Kubota Exmark Toro Toro M7060 LXX921GKA726A Grandstand 60 Greenmaster 3150-Q KBUMFCDRKM8G90468 Tractor Jefferson City, MO Crown Power Zero Turn X-Series Jefferson City, MO Lauf Equipment412625696 412367048 Standon mower Jefferson City, MO Popp's Outdoor Equipment TBD Commercial mower Jefferson City, MO Professional Turf Products _______ (initialed by LESSOR’S authorized representative) _______ (initialed by LESSEE’S authorized representative) Legal Name of Lessee Federal Tax I.D. No. CITY OF JEFFERSON 44-6000193 Legal Name of Lessor THE CENTRAL TRUST BANK EXHIBIT B TO TAX-EXEMPT EQUIPMENT LEASE PURCHASE AGREEMENT PAYMENT SCHEDULE Rental payments will be made in accordance with paragraph 4 of the Agreement and this Payment Schedule. Commencement Date: April 4, 2023 Interest rate used to calculate Interest Portions of Rental Payments: 4.85% (30/360 day count) Rental payments will be due subject to paragraph 4 of the Agreement, in the following amounts (which are based upon an initial aggregate Principal Portion of $119,469.58): Pmt No. Total Rental Payment Due Interest Portion Principal Portion Purchase Price Payment Due Date (1)The Purchase Price equals the remaining Principal Portion through the Maximum Lease Term, after applying the Rental Payment due on the corresponding date. See attached Legal Name of Lessee Federal Tax I.D. No. CITY OF JEFFERSON 44-6000193 Legal Name of Lessor THE CENTRAL TRUST BANK EXHIBIT C TO TAX-EXEMPT EQUIPMENT LEASE PURCHASE AGREEMENT ACCEPTANCE CERTIFICATE The undersigned Lessee hereby certifies and represents to, and agrees with, Lessor under the Agreement to which this Certificate is attached, as follows: (1) All of the Equipment described on Exhibit A to the Agreement has been delivered, installed and accepted. (2) Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. (3) Lessee is currently maintaining the insurance coverage required by paragraph 14 of the Agreement. (4) No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof. DATED: _____________________ Lessee: CITY OF JEFFERSON By: Name: Carrie Tergin Title: Mayor CENTRAL BANK LOAN AMORTIZATION REPORT March 29, 2023 This payment schedule assumes payments are made on payment date. Delinquent payments may increase the interest due. At your request, we will provide an amortization schedule to reflect any adjustments that may occur. ASSUMPTIONS Principal Balance $119,469.58 Interest Rate 4.85% Payment $43,800.00 Accrual Basis 30/360 AMORTIZATION TABLE City of Jefferson DATE PAYMENT PRINCIPAL INTEREST BALANCE 4-Apr-23 119,469.58 4-Apr-24 43,800.00 38,005.73 5,794.27 81,463.85 4-Apr-25 43,800.00 39,849.00 3,951.00 41,614.85 4-Apr-26 43,633.17 41,614.85 2,018.32 0.00 Total $131,233.17 $119,469.58 $11,763.59 RESOLUTION SUMMARY RESOLUTION NO: RS2022-53 SPONSOR: Councilmember Fitzwater SUBJECT: Removes the Chesterfield Hotels Team as Master Developer of the MSP Redevelopment Project DATE INTRODUCED: April 3, 2023 Staff Recommendation: Approve . Summary: Removes the Chesterfield Hotels team as Master Developer for the MSP Redevelopment Project Origin of Request: Staff Department Responsible: Law PERSON RESPONSIBLE: RYAN MOEHLMAN , City Attorney Background Information: Removing Master Developer status from the current Development team will allow City staff to engage w ith discussions , prel iminary negotiation , exploratory process , etc ., regarding the MSP Re d eve lopment Project with other potential redevelopers. Chesterfield Hotel team members would not be precluded from these pro cesses. This Resolution also instructs staff to formula te and present a plan to identify and select one or more redevelopers of the MSP site . Finally, the resolution instructs staff to take necessary steps to ensure the City 's access to the $1 .6M EDA- Disaster Recover grant, deadlines of which are currently delayed . Fiscal Information: N/A RESOLUTION RS2022-53 Sponsor: Councilmember Fitzwater A RESOLUTION REMOVING THE CHESTERFIELD HOTELS/ARCTURIS TEAM AS MASTER DEVELOPER FOR THE MISSOURI STATE PENITENTIARY REDEVELOPMENT PROJECT AND PROVIDING FURTHER INSTRUCTION WHEREAS, the City Council previously approved the Chesterfield Hotel team as “Master Developer” for the MSP Redevelopment Project and instructed City staff and Special Economic Development Counsel to engage in exclusive negotiations with the Development Team to address the redevelopment of the MSP site by execution of a Development Agreement; and WHEREAS, the City has previously extended the deadline for execution of a Redevelopment Agreement twice, most recently with such deadline tied to the City’s other external deadlines with the State of Missouri and the federal Economic Development Administration; and WHEREAS, certain deadlines, including those related to execution of a Redevelopment Agreement set forth in the City’s Disaster Recovery grant from the Economic Development Administration, are currently delayed ; and WHEREAS, the City Council believes it in the best interest of the City to end exclusive negotiations for redevelopment of the MSP Redevelopment Project and open back up redevelopment opportunities for the MSP site to other potential redevelopers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: SECTION 1. The City Council hereby removes the status of Master Developer granted in Resolution 2019-37 from the team consisting of Chesterfield Hotels Inc., Arcturis, Peckman Architecture, and Central Missouri Professional Services (collectively, the “Development Team”). SECTION 2. The City Council hereby instructs City staff and Special Economic Development Counsel that it is no longer directed to exclusively engage in negotiations solely with the Development Team to address the redevelopment of the MSP site; City staff are further instructed to formulate and provide to the City Council a plan for seeking and identifying one or more potential redevelopers of the MSP site. SECTION 3. Nothing herein prevents the Development Team or individual members thereof from participating in future RFPs or negotiations, or other selection processes related to the redevelopment of the MSP site. SECTION ~· The City staff is hereby directed to take all necessary steps to secure the City's access to the $1 .6 Million Disaster recovery grant to assist in redevelopment and recovery of the MSP site . SECTION §. This Resolution shall be effective upon passage and approval. Adopted this 3rd day of April, 2023 Mayor Carrie T erg in ATTEST : APPROVED AS TO FORM: City Clerk City