Board of Aldermen Regular Session

BOARD OF ALDERMAN REGULAR AGENDA Monday, May 23, 2022 7:00 p.m. Community Building 601 W Main Street Odessa, MO 64076 Please click the link below to join the webinar: Zoom Meeting Passcode: 178394 In addition, the meeting will be viewable on the City of Odessa, Missouri Government Facebook page @odessamissouri CALL TO ORDER Mayor Stephen Wright PLEDGE OF ALLEGIANCE Mayor Stephen Wright ROLL CALL City Clerk Karen Findora WELCOME TO VISITORS Mayor Stephen Wright CONSENT AGENDA Approval of Minutes All matters under the Consent Agenda, are ● May 9, 2022 – Regular Session Considered to be routine by the Alderman and will be enacted by one motion with no separate discussion. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the Aldermen. MAYOR’S REPORT ALDERMEN REPORTS PUBLIC COMMENTS OLD BUSINESS 1 NEW BUSINESS Special Event Application Date: Friday & Saturday, June 17-18, 2022 from 4:00 p.m. – Odessa Chamber of Commerce Rodeo 11:00 p.m. Request: To distribute alcohol during the Odessa Chamber of Commerce Rodeo event. Submitted by: Kelsey Legate Special Event Application Date: Thursday–Sunday, August 4-7, 2022 from 9:00 a.m. – Puddle Jumper Days Committee Midnight Request: Street Closure Second & Mason St., Mason (1 blk. West & 1.5 blk. East of 2nd) Second (Main to Orchard) Submitted by: Laura Sanders Resolution No. 2022-19 Proposed Resolution Authorizing city staff to engage with Anderson Engineering – TAP Application Anderson Engineering to prepare and submit a TAP Application Phase II Downtown Sidewalk Project for the Downtown Odessa Sidewalk Improvement Project – Phase II. Nici Wilson, City Administrator Bill No. 2022-13 Introduction and reading of proposed ordinance appointing Carl 1st Reading & 2nd Reading E. Scarborough as Municipal Judge to the 15th Judicial Circuit, of Appointment of Municipal Judge Odessa Municipal Division Court. Nici Wilson, City Administrator Next Scheduled Meeting Special Meeting Monday, June 6, 2022 at 6:00 p.m. (Tentative) Regular Session Monday, June 13, 2022 at 7:00 p.m. Adjourn to Closed Session Pursuant to RSMO 610.021 (1) Legal actions, causes of action, litigation, or confidential attorney/client communication Pursuant to RSMO 610.021 (2) Real Estate Negotiations Pursuant to RSMO 610.021 (3) Personnel Adjourn Upcoming Municipal Schedule: May 24, 2022 – Parks Board – 7:00 p.m. @ Community Bldg. May 30, 2022 – Memorial Day – City Hall Closed June 6, 2022 – Special Board of Aldermen Meeting (Tentative) June 13, 2022 – Board of Alderman Regular Session – 7:00 p.m. @ Community Bldg. June 16, 2022 – Planning & Zoning Commission – 7:00 p.m. @ Community Bldg. June 21, 2022 – Municipal Court – 1:30 p.m. @ Community Bldg. June 27, 2022 – Board of Alderman Regular Session – 7:00 p.m. @ Community Bldg. June 28, 2022 – Parks Board – 7:00 p.m. @ Community Bldg. Upcoming Community Schedule: Every Thursday, Farmers Market – 4:00 p.m. @ Railroad Park Third Friday each month, Country Gospel Jubilee – 6:00 p.m. @ Community Bldg. June 4, 2022 – Eat in the Street – 5:00 p.m. to 9:00 p.m. @ Downtown Odessa June 11, 2022 – 3rd Annual Wine Walk – 5:00 p.m. @ Downtown Odessa June 17-18, 2022 – 5:00 p.m. to 10:00 p.m.- 33rd Annual Odessa Rodeo – Dyer Park 2  ELECTED OFFICIALS Mayor Stephen Wright steve.wright@cityofodessamo.com (816) 918-6634 Ward 1 Alderwoman Mickey Starr mickey.starr@cityofodessa.com (816) 260-8448 Ward 1 Alderman Steve Lockhart steve.lockhart@cityofodessamo.com (816) 263-3939 Ward 2 Alderwoman Donna Ehlert donna.ehlert@cityofodessamo.com (816) 263-9559 Ward 2 Alderman Bryan Barner bryan.barner@cityofodessamo.com (816) 985-0361 Ward 3 Alderman Mike Stevens mike.stevens@cityofodessamo.com (816) 674-6222 Ward 3 Alderman Shawn Cramer shawn.cramer@cityofodessamo.com (816) 522-3827 Posted May 20, 2022 City Hall & City Website Emailed to The Odessan Karen Findora, City Clerk PO Box 128 ∙ 125 S Second ∙ Odessa, MO 64076 Email | Phone: (816) 230-5577 | Fax: (816) 633-4985 | www.cityofodessa.com 3  City of Odessa, Missouri Board of Aldermen Odessa Community Building | 601 W. Main Street Regular Meeting ~ May 9, 2022 | 7:00 p.m. Meeting Minutes CALL TO ORDER / PLEDGE OF ALLEGIANCE Mayor Stephen Wright called the meeting to order at 7:00 p.m., and led in the pledge of allegiance. ROLL CALL Nici Wilson, called the roll and confirmed a quorum. Mayor Stephen Wright Present Alderman Steve Lockhart Present Alderman Mike Stevens Present Alderwoman Donna Ehlert Present Alderman Shawn Cramer Present Alderman Bryan Barner Present Alderwoman Mickey Starr Present OTHERS IN ATTENDANCE City Staff: Nici Wilson – Administrator, Shawna Davis - Finance Director, Josh Thompson – Police Chief, Darrin Lamb – Water/Street, Troy Woutzke – Electric, Kenny Snider – Wastewater, Anthony Hernandez – Lauber Municipal Law PUBLIC IN ATTENDANCE Hannah Spaar – Odessan, Adam Couch – Resident, Victoria Barker – Bright Beginnings Academy School Age Center, Brad Gilpin – BSG Services, Cary Sayre, P.E. - Allstate Consultants APPROVAL OF CONSENT AGENDA Approval of minutes ⮚ April 25, 2022 – Regular Session (distributed to each Board member for review prior to meeting) Motion was made by Alderman Stevens, seconded by Alderman Barner, to approve the consent agenda. Motion carried 6-0. MAYOR’S REPORT Mayor Wright congratulated the graduating Class of 2022. Mayor Wright thanked all of the businesses that participated in the Local Government Appreciation Week. ALDERMEN REPORTS Alderman Barner noticed that Republic Services is now picking up the Pine Creek Apts. trash twice a week. He thanked staff for their communication with Republic. Alderman Lockhart requested that the toilets at the reservoir and at the park be pumped out. Nici Wilson, City Administrator stated that Chapman has been called and it has been scheduled. 4 Alderwoman Ehlert questioned the Covid-19 test that the Police Dept. has. Chief Thompson stated that test kits were provided by HCC thru a grant program. Currently, one test kit is available per household. Alderwoman Starr – No Report Alderman Stevens – No Report Alderman Cramer – No Report PUBLIC HEARING None PUBLIC COMMENTS Victoria Barker, Bright Beginnings Academy School 1710 W Main St., Odessa, MO Ms. Barker started off thanking staff for installing a light at her location rather quickly. Ms. Barker requested that the Board look at adding road improvements along Main Street. Mayor Wright stated that the Board was given the prices and there are five years of road plans already budgeted. It will take a substantial amount of funds to improve Main Street. It is something that the Board will look at for future improvements. Ms. Barker stated that she understands that there is not a quick fix, but want to inform the Board that her business is out there and there are a large amount of people that travel the gravel road. Bradley Gilpin, BSG Services 605 SW US 40 Hwy., Ste. 117, Blue Springs, MO Mr. Gilpin stated that he as well is requesting for Main Street to be coated (asphalt) as well. He stated that a company is looking to purchase the two buildings before Ms. Barkers building. The business would be an auto detailing and the increase of gravel and dust would not suit the business. Alderwoman Ehlert stated that possibly dust control could be looked out to help out with the dust. Ms. Wilson stated that paving West Main Street from Auction Road to Reich Road would be $252,619.50. $184,000 for all roads to be chip-n-sealed. Alderman Lockhart stated that the new owner will still need to asphalt the parking lot. OLD BUSINESS None NEW BUSINESS Resolution No. 2022-16 – MPUA Mayor Wright read the proposed resolution authorizing and adopting MPUA master service agreement. Discussion: Nici Wilson, City Administrator stated that the MPUA’s master service agreement would provide the City with contracted Electrical Linemen if and when it’s needed for the City. Each project would have its own contract. This is not for emergency situations, we already have those services in place. There is no charge unless we choose 5 to use them. As far as cost the City will know upfront before any agreement is entered into. Motion was made by Alderwoman Ehlert, seconded by Alderman Stevens, to approve Resolution No. 2022-16. Motion carried 6-0. Resolution No. 2022-17 – MoDOT GIS User Agreement Mayor Wright read the proposed resolution authorizing and adopting the MoDOT global navigation satellite network. Discussion: Nici Wilson, City Administrator stated that this agreement is a housekeeping item. This will allow us to continue to use MoDOT GIS system. There are no cost associated with the agreement. Motion was made by Alderman Stevens, seconded by Alderman Barner, to approve Resolution No. 2022-17. Motion carried 6-0. Resolution No. 2022-18 – Emergency Service Dispatch Agreement Mayor Wright read the proposed resolution authorizing execution of the emergency dispatching agreement with the City of Higginsville. Discussion: Josh Thompson, Police Chief stated that this cost has decreased. Motion was made by Alderman Stevens, seconded by Alderwoman Ehlert, to approve Resolution No. 2022-18. Motion carried 6-0. Bill No. 2022-11 (1st reading) – Amend Code of Ordinances Utility Deposit Mayor Wright read the proposed ordinance amending the Code of Ordinances for Utility Deposits. Discussion: Alderman Cramer thanked staff for the work on amended Ordinance. Motion was made by Alderman Lockhart, to approve the amended Code of Ordinances for Utility Deposits, seconded by Alderman Stevens, to approve Bill No. 2022-11 first reading. Motion carried 6-0. Bill No. 2022-11 (2nd reading) – Amend Code of Ordinances Utility Deposit Mayor Wright read the proposed ordinance amending the Code of Ordinances for Utility Deposits. Motion was made by Alderman Barner, to approve the amended Code of Ordinances for Utility Deposits, seconded by Alderman Cramer, to approve Bill No. 2022-11 second reading. There was no further discussion. 6 Roll call vote as follows: Alderman Cramer yes Alderwoman Ehlert yes Alderman Lockhart yes Alderman Stevens yes Alderwoman Starr yes Alderman Barner yes Motion carried 6-0. Bill No. 2022-11 became Ordinance No. 3070 Bill No. 2022-12 (1st reading) – New Stop Sign Location Mayor Wright read the proposed ordinance amending Chapter 46, Section 46 A-2- Schedule II (Stop Intersections) Golf & Seventh St. Intersection Stop signs. Discussion: Alderman Stevens stated that he noticed positive feedback, but asked if there were any negative feedback. Alderman Cramer stated that a resident requested speed bumps to further deter speeding. Chief Thompson stated that there will be stop strips painted on the road. There will also be a stop strip painted on Third Street. Motion was made by Alderman Stevens, to approve the proposed ordinance amending Chapter 46, Section 46 A-2-Schedule II (Stop Intersections) Golf & Seventh St. Intersection Stop signs, first reading, seconded by Alderwoman Ehlert, to approve Bill No. 2022-12 first reading. Motion carried 6-0. Bill No. 2022-12 (2nd reading) – New Stop Sign Location Mayor Wright read the proposed ordinance amending Chapter 46, Section 46 A-2- Schedule II (Stop Intersections) Golf & Seventh St. Intersection Stop signs. Motion was made by Alderman Lockhart, to approve the proposed ordinance amending Chapter 46, Section 46 A-2-Schedule II (Stop Intersections) Golf & Seventh St. Intersection Stop signs, first reading, seconded by Alderman Barner, to approve Bill No. 2022-12 second reading. Motion carried 6-0. Alderman Cramer thanked Chief Thompson, Police Department, and the Streets Dept. for their work on the project. Roll call vote as follows: Alderman Cramer yes Alderwoman Ehlert yes Alderman Lockhart yes Alderman Stevens yes Alderwoman Starr yes Alderman Barner yes Motion carried 6-0. Bill No. 2022-05 became Ordinance No. 3071 Discussion: Odessa Reservoir Spillway repair items to come Nici Wilson, City Administrator stated that in October 2019 an area of the spillway at the Odessa Reservoir didn’t pass MODNR inspection. There were some items the City fixed and others that are more significant repairs. Ms. Wilson stated that Carey Sayre, P.E. Allstate Consultants was hired to conduct a geotechnical engineering report. Together 7 with Palmerton and Parrish, Allstate Consultants has provided projected cost estimates of $1.2 - $1.8 million to correct the issues on the spillway. The city reports to DNR on a regular bases to meet their requirements. Mr. Sayre stated that any reservoir is an asset. The resistor has a concrete apron spillway that drops off 2 to 1 and is very steep. It doesn’t comply with today’s design standards. The spillway is not anchored in properly. The apron needs to be removed, it needs to be anchored down, upgrade the concrete slab, and manage the water level. The permit to fix the spillway is very expensive. The Board will take into consideration the report and make a decision on what the next steps will be. The next meeting is scheduled for Monday, May 23, 2022 at 7:00 p.m. Adjourn There being no further business to come before the Board of Alderman, motion was made by Alderman Stevens, seconded by Alderman Barner, to adjourn the meeting at 8:20 p.m. Motion carried 6-0. Approved: CITY OF ODESSA _______________________ ________________________________ Stephen L. Wright, Mayor ATTEST _______________________ Karen Findora, City Clerk 8  05/16/2022 9  05/16/2022 10 11  Special Event Permit Application 125 S. 2nd St. Odessa, MO 64076- (816) 230-5577 ~ Fax (816) 633-4985 Application must be completed in full and turned into City Hall no less than 4- weeks prior to date of event. Name of Event: Odessa Puddle Jumper Days Type of Event: community festival & fair Date of Event: 8/4/22 - 8/7/22 Set up time: 9am Tear down time: Midnight Location of Event: Second Street & Mason Street Mason (1 block west & 1.5 blocks east of 2nd) Second (Main to Orchard) Street Closure: Time of Street Closure: To: see below From: ✔ Have all addresses affected by the street closure been contacted: Yes ___ No___ Police Dept. Assistance: ✔ No___ Yes___ Applicant’s Name: Laura Sanders Phone: 816-416-9588 Email: ekvodmo13@yahoo.com ________ Address: 101 W Phillips City Odessa State MO Zip Code 64076 Organization’s Name: Odessa Puddle Jumper Days Committee Phone: 816-653-0684 Address: P.O. Box 218 City Odessa State MO Zip Code 64076 Event’s On-Site Coordinator: Laura Sanders Phone: 816-416-9588 Additional Consideration: Mason will need to be closed to traffic starting on Monday 8/1 for carnival setup. Second St closures will start on Thursday 8/4 at noon. Dryden St will be closed at Third st. & at First St. starting at noon on Thursday. *Any events that will include the sale of liquor will be required additional licensing in accordance with the City of Odessa and the State of Missouri Liquor regulations. 05/19/2022 Permit Received By: Date: City Clerk Approved / Date:_____ Denied / Date:__________ __________________________ ______________________________ Nici Wilson, City Administrator Stephen L. Wright, Mayor 4.13.2022 12  2022 PUDDLE JUMPER DAYS STREET CLOSURE PLAN  Monday August 1st @ 9am o W Mason between Third & alleyway (Carnival) o E Mason between 2nd & Russell (Carnival) **Carnival will set up along Mason starting @ end points (Third St & Russell), moving inwards to 2nd St. o RR PARK: Closed for beer garden set-up  Thursday August 4th (starting at noon) o SECOND : Cobb Avenue to alleyway by Jones Funeral Home o DRYDEN : 3rd Street to 1st Street (will be open for parking Thursday) ** at 5pm the south 2nd Street roadblock will extend to Orchard St  Friday August 5th (starting at 9am) o DRYDEN : 3rd Street to old bank alleyway (for various activities thru out day)  Roadblocks at Railroad Street & 2nd/ Main Street & 2nd / Mason & 3rd o Will still allow access for pharmacy during business hours (Railroad St) o Move roadblock up to alleyway after business hours  Citizens will still have access to Post Office from 1st Street (south of Mason) & Dryden o On Saturday should keep north half of Dryden open (between 1st & Russell) until after Postal Deliveries done, then shut down entire street? o Dryden between 1st & Russell would reopen once car show is done  Residents living along Mason between 1st Street & Russell will have parking access along alleyway, 1st south of Mason, Russell St  Streets will be open for traffic by 2am Sunday August 9th EXCEPT: o MASON : 3rd St. to 2nd St. / 2nd St. to Russell (Carnival footprint) 13  RUSSELL FIRST ST. MAIN ST MASON 14 SECOND ST DRYDEN  BOARD OF ALDERMEN ACTION REPORT ISSUE: Authorization to submit a TAP Application for Downtown Odessa Sidewalk Improvement Project – Phase II ACTION REQUESTED: Motion and second to approve Resolution No. 2022-19 BACKGROUND: In 2021 the city was awarded approximately $274,000 in TAP funding for the infrastructure improvements for Phase I of the downtown sidewalk project. Phase I included both sides of 2nd Street from Railroad to Dryden. The announcement was made last week that the next cycle of TAP funds has opened. It is staff’s desire to leverage as much grant money as possible to complete this historic project for our community. This methodology in splitting the project into two phases to capture two rounds of funding was presented by staff during the Phase I process on January 21, 2021. Phase II will include upgrades to both sides of Mason Street from 1st Street to 3rd Street. It is our desire again to engage with Anderson Engineering for their assistance in completing the competitive application process. FINANCIAL CONSIDERATIONS: TAP Application Administration Mason Street from 1st Street to 3rd Street Anderson Engineering $1,500 City Funding Sources Amount General Fund $1,500 Phase 2 (projected costs) Mason Street from 1st Street to 3rd Street Estimated Total Project Cost $580,807 *includes contingencies Total Available TAP funds $500,000 (is the maximum any one project can be awarded) Ineligible TAP costs $220,850 (city funded) Remaining TAP eligible costs $252,930 Phase II – Design and $107,027 Construction Administration Total City funded expenses $327,877 City Funding Sources Amount General Fund Reserve $327,877 15 As with the previous recommendations in moving forward with the downtown project, in our discussions we felt that this proposal is an ideal project for use of reserve funds. For a number of years, our elected body has been fiscally conservative. This has allowed the city to be financially secure and provided the ability to set aside money in reserves. Using reserve funding is fiscally responsible when it is for one-time uses to complete projects like the proposed downtown sidewalk replacement that will provide a notably positive impact on our community and support the local economic health of the city by achieving a number of objectives set forth in the strategic plan. Additionally, being able to self-fund the project versus utilizing a project financing mechanism will ultimately provide for significant cost savings of interest payments and the costs of issuance. The city will remain fiscally sound and will remain compliant with our reserve balance policy despite the above noted draws on our reserves. ATTACHMENTS: Resolution No. 2022-19 Anderson Engineering – TAP Application Administration Proposal PREPARED BY: DATE: 05/19/2022 Nicole B. Wilson Nici Wilson, City Administrator 16  RESOLUTION NO. 2022-19 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI EXPRESSING SUPPORT OF THE CITY’S APPLICATION FOR FUNDS THROUGH MODOT’S TRANSPORTATION ALTERNATIVES (TAP) PROGRAM AND AUTHORIZING THE SUBMISSION OF AN APPLIATION RELATING TO THE PROPOSED DOWNTOWN ODESSA SIDEWALK IMPROVEMENT PROJECT - PHASE II. WHEREAS, the Transportation Alternatives Program (TAP) was authorized under Section 1122 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and was reauthorized under the Fixing America’s Surface Transportation (FAST) Act; and WHEREAS, the federally funded TAP provides opportunities to expand transportation choices and enhance the transportation experience through categories of activities related to the surface transportation system; and WHEREAS, the TAP focuses on non-traditional transportation projects where projects must relate to the surface transportation systems and be eligible under one or more of the four eligible TAP Project Activities; and WHEREAS, in 2021 the city was awarded approximately $274,000 in TAP funding for the infrastructure improvements for Phase 1 of the downtown sidewalk project. Phase II is now included to upgrade both sides of Mason Street from 1st Street to 3rd Street. WHEREAS, it is the desire of the City to engage with Anderson Engineering for their assistance in completing the competitive application process. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: SECTION 1. At a regular meeting of the Board of Aldermen held on May 23, 2022, the Board endorsed the submittal of the Transportation Alternatives Program Application for the proposed Downtown Odessa Sidewalk Improvement Project - Phase II. SECTION 2. The Board of Aldermen further acknowledges the TAP proceeds could include 80% of the project costs dependent on available funding, and the City of Odessa would be responsible for any remaining costs. PASSED AND ADOPTED by the Board of Aldermen of the City of Odessa, Missouri, the 23rd day of May 2022. ATTEST: __________________________________ Stephen L. Wright, Mayor ____________________________ Karen Findora, City Clerk 17  CIVIL ENGINEERING • GEOTECHNICAL ENGINEERING • STRUCTURAL ENGINEERING • LAND SURVEYING GEOGRAPHIC INFORMATION SYSTEMS • CONSTRUCTION MATERIALS TESTING • COMMERCIAL DRONE SERVICES Project Proposal for Mason Street – Historic Downtown District Improvements From 3rd Street to 1st Street Nici Wilson, City Administrator\ nici.wilson@cityofodessamo.com City of Odessa, Missouri 125 S 2nd Street | Odessa, MO 64076 Phone: 816.230.5577 | Fax: 816.633.4985 April 26, 2022 18 April 26, 2022 Nici Wilson, City Administrator\ nici.wilson@cityofodessamo.com City of Odessa, Missouri 125 S 2nd Street | Odessa, MO 64076 Phone: 816.230.5577 | Fax: 816.633.4985 Re: Anderson Engineering Proposal Mason Street – Historic Downtown District Improvements Dear Nici As described in the Odessa Preliminary Engineering Report, below is the scope for Alternative Phase 2 improvements to Mason Street from 3rd Street to 1st Street. Location and anticipated project costs described in attached map and construction estimate. e. ENGINEERING DESIGN $66,756.00 Scope of Services A. DESIGN PHASE - The Engineer will: 1. determine the needs of the Local Agency for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations, if needed; 4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the Local Agency the best overall general design based on these studies; 5. submit electronic copies of preliminary plans, estimates and studies for review by the Local Agency; 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by Local Agency's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of- way plans, and assist the Local Agency in acquiring the right-of-way deeds and easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also insure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 19 FIG. 136.4.1 CONTRACT REVISED 05/27/2016  9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis. Cost of an archaeological study is not included in this contract. A Supplemental Agreement will be issued if an archaeological study is required; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; 11. provide the Local Agency electronic copy of completed plans, specifications and/cost estimates for the purpose of obtaining construction authorization from the Missouri Department of Transportation. 12. arrange for hazardous waste inspection and, if deemed necessary, arrange to have the hazardous waste removed by a qualified disposer on a subcontract basis. Cost of hazardous waste mitigation is not included in this contract. A Supplemental Agreement will be issued if mitigation is required. B. BIDDING PHASE - The Engineer will: 1. upon receipt of construction authorization, make final corrections resulting from reviews by agencies involved, and provide an adequate number of plans, specifications, and bid documents to the Local Agency; 2. provide the Local Agency with a list of qualified area bidders and assist Local Agency in advertising for bids; and 3. assist the Local Agency in evaluating bids and requesting concurrence in award; TOTAL FEE FOR THE ABOVE SERVICES $66,756.00 ASSUMPTIONS We have assumed that all right of ways, easements, property ownership issues, and private utilities affecting the project will be provided by you to us. We will make a Utility Locate call to identify public utilities; however, we have assumed that all public utilities will be located accurately by the Utility Locator. GENERAL INFORMATION Please note that any changes in the scope of work to be performed, or changes in the information provided to us will result in a supplemental agreement request for additional compensation. There are many additional, related services that we could perform, but since this proposal is limited in nature, this proposal does not include any geotechnical exploration and any design service not expressly listed above. A service charge of one and one-half percent per month is assessed on accounts 45 days past due. A WORK AUTHORIZATION AGREEMENT form and GENERAL CONDITIONS statement is provided for your signature. Sincerely, Andrew Eckhart, P.E. President 20 FIG. 136.4.1 CONTRACT REVISED 05/27/2016 WORK AUTHORIZATION AGREEMENT Anderson Engineering, Inc. (hereinafter referred to as “A/E”) is pleased to provide the services described below. The purpose of this AGREEMENT is to obtain your authorization for the work requested by the CLIENT and confirm the TERMS AND CONDITIONS under which these services are provided, as hereinafter referred to: The “CLIENT” is: Address: City of Odessa, Missouri 125 S 2nd Street Odessa, MO 64076 The “PROJECT” is: Location: Mason Street – Historic Downtown District from 3rd Street to 1st Street. Improvements TERMS AND CONDITIONS I. GENERAL CONDITIONS (numbered 1 through 13 as shown on next page) II. SCOPE OF WORK DETAILED: Proposal # [Proposal Number] dated [Date of Proposal] III. SPECIAL CONDITIONS IV. FEES AND COMPENSATION as described in above-referenced proposal V. PAYMENT is due upon receipt regardless of whether CLIENT has been, or is to be, reimbursed by any other party. ACKNOWLEDGMENTS ANDERSON ENGINEERING, INC. AUTHORIZED AND AGREED TO BY CLIENT: Signature Signature Andrew Eckhart, P.E., President Print Name and Title Print Name and Title 4-26-2022 Date Date 21 FIG. 136.4.1 CONTRACT REVISED 05/27/2016 GENERAL CONDITIONS 1. PAYMENT TERMS: A/E will submit invoices to CLIENT monthly and/or upon Any changes to the electronic specifications by either the CLIENT or A/E are completion of services. Payment is due upon receipt regardless of whether subject to preview and acceptance by the other party. Additional services by CLIENT has been, or is to be, reimbursed by any other party. CLIENT agrees A/E made necessary by changes to the electronic file specifications shall be to pay a service charge of one and one half percent (1 ½%) per month on compensated for as Additional Services. accounts 45 days past due. If requested by CLIENT, LIEN WAIVERS WILL BE PROVIDED UPON PAYMENT. All collection costs, including reasonable Electronic files furnished by either party shall be subject to an acceptance period attorney fees will be assessed to CLIENT which CLIENT agrees to pay. of 30 days during which the receiving party agrees to perform appropriate acceptance tests. The party furnishing the electronic file shall correct any 2. INSURANCE: A/E maintains Worker’s Compensation and Employer’s discrepancies or errors detected and reported within the acceptance period. Liability Insurance in conformance with applicable state law. A/E has insurance After the acceptance period, the electronic files shall be deemed to be accepted under public liability and property damage which A/E deems to be adequate. and neither party shall have any obligation to correct errors or maintain Certificates of insurance evidencing such coverage will be provided, if electronic files. The CLIENT is aware that differences may exist between the requested. electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by 3. STANDARD OF CARE: The only warranty or guarantee made by A/E in A/E and electronic files, the signed or sealed hard-copy construction documents connection with the services performed hereunder, is that A/E will use that shall govern. degree of care and skill ordinarily exercised under similar conditions by reputable members of the profession currently practicing in the same or similar In addition, the CLIENT agrees, to the fullest extent permitted by law, to locality. NO OTHER REPRESENTATION, WARRANTY, OR GUARANTEE indemnify and hold harmless A/E, its officers, directors, employees and sub- EXPRESSED OR IMPLIED IS MADE OR INTENDED BY PROPOSAL, consultants (collectively, A/E) against all damages, liabilities or costs, including SERVICES PERFORMED OR BY FURNISHING ORAL OR WRITTEN reasonable attorneys’ fees and defense costs, arising from any changes made REPORTS. by anyone other than A/E or from any reuse of the electronic files by CLIENT or anyone else to whom CLIENT has provided the electronic files without the prior 4. RISK ALLOCATION: Due to the very limited benefit A/E will derive from this written consent of A/E. project compared to that of other parties involved, including CLIENT, CLIENT AGREES THAT TO THE FULLEST EXTENT PERMITTED BY LAW TO LIMIT Under no circumstances shall delivery of electronic files for use by the CLIENT THE TOTAL LIABILITY OF ANDERSON ENGINEERING, INC. TO CLIENT, OR be deemed a sale by A/E and A/E makes no warranties, either express or ANY OTHER PARTY USING OR RELYING ON A/E’s WORK, FOR ANY AND implied, of merchantability and fitness for any particular purpose. In no event ALL INJURIES, CLAIMS, LOSSES, EXPENSES OR DAMAGES shall A/E be liable for indirect or consequential damages as a result of A/E’s WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THE services or the CLIENT’s use or reuse of the electronic files. WORK, THE PROJECT, OR THIS AGREEMENT FROM ANY CAUSE OR CAUSES INCLUDING BUT NOT LIMITED TO NEGLIGENCE, ERRORS, 8. SAFETY: Should A/E provide any services at the job site during construction, OMISSIONS, STRICT LIABILITY, OR BREACH OF AGREEMENT, TO THE CLIENT AGREES that, in accordance with generally accepted construction GREATER OF THE TOTAL AMOUNT PAID BY THE CLIENT FOR THE practices, the contractor will be solely responsible for working conditions on the SERVICES UNDER THIS AGREEMENT OR AN AGGREGATE TOTAL OF job site, including safety of all persons and property during the performance of $25,000 FOR ALL PARTIES, WHICHEVER IS THE GREATER. the work, and compliance with OSHA regulations, and these requirements will apply continuously and not limited to normal working hours. 5. RIGHT-OF-ENTRY: CLIENT shall furnish right-of-entry on the property for A/E employees, agents, and subcontractors to perform the service and 9. NO RESPONSIBILITY FOR CONTRACTOR’S PERFORMANCE: Except for represents that it has obtained the needed permits and licenses for the project. its own subcontractors and employees, Anderson Engineering shall not be A/E will take reasonable precautions to minimize damage to the property responsible for safety precautions, the quality of any contractor’s work, acts or caused by its operations, but have not included in the fee the cost of restoration omissions of any contractor, subcontractor, supplier, or other person at the of damage which may result. If CLIENT desires A/E to restore the property to project site its former condition, A/E will accomplish this and add the cost to the fee. 10. LOCATION OF EXISTING MAN-MADE OBJECTS: It shall be the 6. OWNERSHIP OF DOCUMENTS: Unless provided otherwise, all documents responsibility of the CLIENT or his authorized representative to disclose the including but not limited to drawings, electronic files, specifications, reports, presence and accurate location of all subsurface man-made objects relative to boring logs, field notes, laboratory test data, calculations and estimates the work being performed. CLIENT AGREES to indemnify and save harmless prepared by A/E as instruments of service pursuant to this Agreement, shall be A/E from all claims, suits, losses, personal injuries, death and property liability the sole property of A/E. CLIENT agrees that all documents of any nature resulting from damages to subsurface structures, owned by Client or third furnished to CLIENT or CLIENT’s agents or designate, if not paid for, will be parties, occurring from work performed on the site, whose presence and exact returned upon demand and shall not be used by CLIENT for any purpose locations were not revealed to A/E in writing, and to reimburse A/E for expenses whatsoever. CLIENT further agrees that under no circumstance shall any in connection with any such claims or suits, including reasonable attorney’s documents produced by A/E, pursuant to this Agreement, be used at any fees. location or for any project not expressly provided for in this Agreement without 11. SUSPENSION OF SERVICES/TERMINATION: Either party may suspend the written permission of A/E. Any unauthorized use or modification of such performance immediately upon becoming aware of a breach of the terms of this documents shall be at CLIENT’S sole risk and CLIENT shall indemnify A/E agreement by the other party and provide notice of its intention to terminate. In against any liability arising from or related to such unauthorized use or the event A/E determines there may be a significant risk that A/ E’s invoices modification. At the request and expense of the CLIENT, A/E will provide the may not be paid on a timely basis A/E may suspend performance and/or retain CLIENT with copies of documents created in the performance of the work for a any reports or other information until Client provides A/E with adequate period not exceeding one year following completion of service. assurances of payment. The filing of a voluntary or in- voluntary bankruptcy 7. DELIVERY OF ELECTRONIC FILES: In accepting and utilizing any petition, appointment of a receiver, assignment for the benefit of creditor or other drawings, reports and data on any form of electronic media generated and similar act of insolvency shall constitute a breach. Termination will become furnished by A/ E, the CLIENT agrees that all such electronic files are effective fourteen (14) calendar days after receipt of notice by the breaching instruments of service of A/E, who shall be deemed the author, and shall retain party unless the event(s) giving rise to the breach are remedied within that time all common law, statutory law and other rights, including copyrights. frame. The CLIENT agrees not to reuse these electronic files, in whole or in part, for 12. GOVERNING LAWS: This Agreement shall be governed in all respects by any purpose other than for the Project. The CLIENT agrees not to transfer these the laws of the State of Missouri. electronic files to others without the prior written consent of A/E. The CLIENT 13. CERTIFICATIONS/CONSENTS: A/E shall not be required to execute further agrees to waive indemnify the A/E against any and all claims against A/E certificates or consents that would require knowledge, services or resulting in any way from any unauthorized changes to or reuse of the electronic responsibilities beyond the scope of this Agreement, and shall not be required files for any other project by anyone other than A/E. The CLIENT and A/E agree to sign any documents that would result in A/E having to certify the existence of that any electronic files furnished by either party shall conform to the conditions whose existence A/E cannot ascertain. Any certificate will state that specifications agreed upon in the contract. it is based on the best of the A/E’s knowledge, information and belief. 22 FIG. 136.4.1 CONTRACT REVISED 05/27/2016  FEE SCHEDULE THIS SCHEDULE IS PREPARED AS A METHOD OF CHARGING FOR SERVICES ON A UNIT AND HOURLY BASIS. THE RATES ARE BASED UPON THE SKILL AND KNOWLEDGE OF OUR PERSONNEL. INVOICES WILL BE SUBMITTED MONTHLY AND/OR UPON COMPLETION OF SERVICES. PAYMENT IS DUE ON RECEIPT OF THE INVOICE. ACCOUNTS OVER FORTY FIVE DAYS ARE SUBJECT TO A 1 1/2% MONTHLY SERVICE CHARGE. SERVICES WILL BE PERFORMED IN ACCORDANCE WITH ACCEPTED STANDARD METHODS UTILIZING PROPERLY TRAINED, REGISTERED, LICENSED, OR CERTIFIED PERSONNEL AS REQUIRED. HOWEVER, WE CANNOT ASSUME RESPONSIBILITY FOR CONSTRUCTION METHODS, MATERIALS, PROCEDURES, PRODUCTS, OR ACTIONS OF OTHERS. ANDERSON ENGINEERING, INC., BY ___________________________________ EFFECTIVE: 01/01/2022 THRU 12/31/2022 Jerrod Hogan, PLS, C.E.O. BASIC CHARGES PERSONNEL (HOURLY RATES): PRINCIPAL $ 280.00 ENVIRONMENTAL SPECIALIST II $ 138.00 PRINCIPAL ENGINEER $ 230.00 ENVIRONMENTAL SPECIALIST I $ 110.00 ENGINEERING MANAGER $ 207.00 ONE MAN SURVEY CREW $ 131.00 PROJECT MANAGER $ 187.00 TWO MAN SURVEY CREW $ 166.00 PROJECT ENGINEER $ 165.00 THREE MAN SURVEY CREW $ 221.00 ASSOCIATE ENGINEER $ 140.00 FOUR MAN SURVEY CREW $ 275.00 DESIGN ENGINEER $ 112.00 GIS DIRECTOR $ 172.00 PROJECT DESIGNER $ 147.00 GIS MANAGER $ 144.00 SENIOR DESIGNER $ 132.00 GIS ANALYST $ 133.00 DESIGNER III $ 119.00 GIS SPECIALIST $ 111.00 DESIGNER II $ 107.00 GIS TECHNICIAN $ 94.00 DESIGNER $ 96.00 IBC FIRESTOP INSPECTOR $ 111.00 PROJECT COORDINATOR $ 106.00 DRILLING COORDINATOR $ 147.00 PRINCIPAL SURVEYOR $ 207.00 PROJECT REPRESENTATIVE III $ 111.00 SURVEY MANAGER $ 177.00 PROJECT REPRESENTATIVE II $ 94.00 PROJECT SURVEYOR $ 138.00 PROJECT REPRESENTATIVE I $ 80.00 ASSOCIATE SURVEYOR $ 116.00 STRUCTURAL STEEL INSPECTOR $ 111.00 LAB MANAGER $ 149.00 AWS CERTIFIED WELD INSPECTOR $ 111.00 TECHNICIAN IV - SURVEY/LAB SPECIAL $ 111.00 ASNT TC-1A ULTRASONIC, MAG $ 111.00 TECHNICIAN III - SURVEY/SENIOR LAB $ 91.00 PARTICLE & DYE TESTING - LEVEL II $ 105.00 TECHNICIAN IIs - SURVEY $ 76.00 ADMINISTRATIVE ASSISTANT $ 55.00 TECHNICIAN II - LAB $ 65.00 PROJECT COORDINATOR ASST $ 68.00 TECHNICIAN I - SURVEY/LAB AIDE $ 54.00 EXPENSES & EQUIPMENT CHARGES: VEHICLE (3/4 TON OR LESS) $ 0.74 /MILE GPS $ 319.00 /DAY VEHICLE (SUBURBAN & 1 TON) $ 0.84 /MILE ROBOTIC TOTAL STATION $ 295.00 /DAY WATER TRUCK PER DAY + $ 85.00 /DAY DRONE $ 470.00 /DAY WATER TRUCK PER MILE $ 0.81 /MILE COPIES $ 0.17 EACH LASER SCANNING $ 469.00 /DAY PRINTING PLANS $ 0.59 /SF + TECH TIME MOBILE LIDAR $5,000 MINIMUM $ 1,000.00 /DAY REIMBURSABLES COST PLUS 15% - TRAVEL EXPENSES (INCLUDING MEAL & LODGING), OUTSIDE PRINTING, CONSUMABLE MATERIALS AND SUBCONTRACTOR EXPENSES. OVERTIME (OVER 8 HOURS PER DAY OR SATURDAY, SUNDAY, AND HOLIDAY WORK) 1.5 TIMES THE HOURLY RATE. HOURLY RATES: DEPOSITION OR COURT TESTIMONY: APPLY TO MEETINGS AND TRAVEL TIME 1.5 TIMES THE HOURLY RATE MININUM CHARGE: 2 HOURS OF TECHNICIAN TIME PER JOB SITE VISIT, EXCEPT FOR CYLINDER AND SAMPLE PICK UP. 23 STRUCTURAL ENGINEERING LAND SURVEYING CIVIL ENGINEERING GEOTECHNICAL ENGINEERING GEOGRAPHIC INFORMATION SYSTEMS (GIS) CONSTRUCTION MATERIALS TESTING COMMERCIAL DRONE SERVICES FEE SCHEDULE JANUARY 1, 2022 THRU DECEMBER 31, 2022 PAGE 2 OF 3 HAZARDOUS OPERATION CHARGE: FOR LEVEL C: 1.5 TIMES THE BASIC CHARGE; FOR LEVEL A & B: 2 TIMES THE BASIC CHARGES FIELD TESTING AND INSPECTION CHARGES: FIELD DENSITY (COMPACTION TEST) ............................................................ BASIC CHARGES + $ 15.00 /EACH CONE PENETROMETER ............................................................ BASIC CHARGES + $ 19.00 /EACH FLOOR FLATNESS EQUIPMENT ............................................................ BASIC CHARGES + $ 312.00 /EACH DYNAMIC CONE PENETROMETER ............................................................ BASIC CHARGES + $ 31.00 /EACH CORING EQUIPMENT CHARGES ............................................................ BASIC CHARGES + $ 124.50 /DAY MAGNESIUM STRAIGHT EDGE ............................................................ BASIC CHARGES + $ 55.00 /DAY ROLLING STRAIGHT EDGE ............................................................ BASIC CHARGES + $ 248.50 /DAY LABORATORY TEST CHARGES: AGGREGATES (ASTM) UNIT CHARGE SOIL TESTS (ASTM) UNIT CHARGE L.A. ABRASION, SMALL AGG. (C131) $ 158.50 ATTERBERG LIMITS (D4318) $ 72.00 L.A. ABRASION, LARGE AGG. (C535) $ 193.00 ATTERBERG LIMITS - CH (D4318) $ 104.50 SULFATE SOUNDNESS TEST (C88): 5-CYCLE $ 266.50 SWELL TEST, 1/16 TSF (D4546) $ 193.00 SULFATE SOUNDNESS TEST (C88): 10-CYCLE $ 371.50 SWELL PRESSURE (D4546) $ 365.00 SULFATE SOUNDNESS TEST (C88): 20-CYCLE $ 525.00 SHRINKAGE LIMIT (D4643) $ 72.00 SIEVE ANALYSIS, DRY AGG. (C136) $ 65.00 MOISTURE CONTENT (2216) $ 8.00 SIEVE ANALYSIS (C117) $ 79.50 SIEVE + HYDROMETER $ 178.50 SIEVE ANALYSIS (C117, C136) $ 98.00 HYDROMETER ONLY (D422) $ 98.00 SPECIFIC GRAVITY, FINE AGG. (C128) $ 72.00 USCS CLASSIFICATION $ 33.00 SPECIFIC GRAVITY, COARSE AGG. (C127) $ 72.00 PERCENT PASSING #200 $ 53.00 LIGHTWEIGHT PIECES IN AGG. (C123) $ 111.50 SPECIFIC GRAVITY (D845) $ 91.50 ORGANIC IMPURITIES (C40) $ 65.00 UNCONFINED COMPRESSION $ 63.00 FLAT & ELONGATED PIECES (D4791) $ 98.00 UNCONFINED/TRIAXIAL, REMOLDED $ 98.00 DELETERIOUS MATLS (MODOT TM71) $ 86.00 TRIAXIAL TEST, PP, CU w/PP /POINT $ 500.00 CLAY LUMPS & FRIABLE PARTICLES (C142) $ 106.00 ORGANIC MATTER (D2974-C) $ 65.00 DRY RODDED UNIT WEIGHT (C29) $ 46.00 PENETROMETER $ 6.00 SAMPLE PREP, PER HOUR $ 63.00 MASONRY TESTS (ASTM) SHELBY TUBE DENSITY $ 40.00 COMPRESSIVE STRENGTH 4" BLOCK $ 32.00 RESISTIVITY, 1 POINT $ 77.00 COMPRESSIVE STRENGTH 6" BLOCK $ 40.00 RESISTIVITY, MINIMUM $ 88.00 COMPRESSIVE STRENGTH 8" BLOCK $ 55.00 Ph $ 65.00 COMPRESSIVE STRENGTH CMU $ 91.50 CONSOLIDATION TEST, TO 8 TSF $ 504.00 COMPRESSIVE STRENGTH MORT/GR CUBE $ 15.00 CONSOLIDATION TEST, >8 TSF $ 65.00 GROUT PRISM $ 15.00 CALIFORNIA BEARING RATIO, LAB, /PNT $ 150.00 MORTAR CYLINDER (2" X 4") $ 15.00 PERMEABILITY, FALLING HEAD 4" MOLD $ 476.00 ABSORPTION, MASONRY BLOCK $ 53.00 PERMEABILITY, FLEXIBLE WALL $ 550.00 LINEAR SHRINKAGE (SET OF 3) $ 398.00 PERMEABILITY CONSTANT HEAD $ 476.00 PERMEABILITY, FALLING $ 575.00 HEAD UNDISTURBED BITUMINOUS TESTING LABORATORY COMPACTION TESTS ASPHALT CONTENT $ 119.00 MOISTURE DENSITY RELATIONSHIP ASPHALT CONTENT & AGG. GRADATION $ 198.50 STD. PROCTOR (D698), MTH. A & B $ 190.50 SIEVE ANALYSIS EXTRACTION $ 98.00 STD. PROCTOR (D698), MTH. C $ 224.50 MARSHALL TEST, FIELD - 3 PUCKS $ 98.00 STD. PROCTOR (D698), 1 POINT $ 67.00 MARSHALL TEST, LAB - 3 PUCKS $ 145.50 MOD. PROCTOR (D1557), MTH. A & B $ 232.50 RETAINED STABILITY $ 224.50 MOD. PROCTOR (D1557), MTH. C $ 314.50 ASPHALT CORE DENSITY, EACH $ 32.00 MOD. PROCTOR (D1557), 1 POINT $ 74.00 THEORETICAL MAX. DENSITY $ 158.50 RELATIVE DENSITY $ 477.00 CONCRETE/ROCK CORE CONCRETE TESTING CORE TRIM & TEST $ 52.75 4" X 8" OR 6" X 12" TEST MOLD $ 2.25 THICKNESS (AASHTO T148/ASTM C174) $ 30.00 6" X 12" CYLINDER, TESTED AND MOLD $ 18.00 4" X 8" CYLINDER, TESTED AND MOLD $ 12.75 SAW CONCRETE CYLINDER $ 31.25 BEAM FLEXURAL STRENGTH $ 44.00 CONCRETE BEAM, NOT TESTED $ 25.00 SAMPLE PREP, CLIENT MADE (5 CYLS.) $ 36.00 24 FEE SCHEDULE JANUARY 1, 2022 THRU DECEMBER 31, 2022 PAGE 3 OF 3 DRILLING SERVICES CHARGES: ENGINEER, STANDBY TIME, STAKEOUT CREW & OFFICE PERSONNEL ................................................BASIC CHARGES MILEAGE - CME 75 RIGS ( $100 MINIMUM) $ 3.50 /MILE MILEAGE - CME 550 RIGS ( $150 MINIMUM) $ 4.00 /MILE CME 55 DRILL RIG AND TWO MAN CREW $ 221.50 /HOUR CME 75 DRILL RIG AND TWO MAN CREW $ 258.00 /HOUR CME 550 DRILL RIG AND TWO MAN CREW $ 258.00 /HOUR CORE BIT CHARGE $ 7.27 /FOOT ROCK CORE SET UP $ 90.35 /BORING DECONTAMINATION EQUIPMENT $ 175.50 /DAY GROUT MACHINE $ 292.50 /DAY PLUG & BACKFILL BORINGS (UP TO 20 FT. DEPTH) $ 13.50 /EACH ALL-TERRAIN DRILL RIG RENTAL SURCHARGE $ 375.00 /DAY CME 75 EQUIPMENT RENTAL SURCHARGE $ 250.00 /DAY WATER TRUCK TANK & EQUIPMENT SURCHARGE $ 94.00 /DAY RESISTIVITY, FIELD TESTING, EQUIPMENT $ 303.50 /DAY MINIMUM DRILLING CHARGE $ 1,375.00 /DAY DRILLING ITEM: DEPTH: 0' TO 20' 20' TO 40' 40' TO 60' 60' TO 100' 100' TO 150' SOIL OVERBURDEN, 4 IN. AUGER $ 9.65 $ 10.75 $ 11.90 $ 13.35 $ - SOIL OVERBURDEN, 6 IN. HS AUGER $ 11.65 $ 13.35 $ 14.45 $ 16.15 $ - SOIL OVERBURDEN, 8 IN. HS AUGER $ 11.65 $ 14.45 $ 17.60 $ 20.50 $ - SOIL OVERBURDEN, 10 IN. HS AUGER $ 13.35 $ 20.50 $ - $ - $ - SOIL OVERBURDEN, 12 IN. HS AUGER $ 16.15 $ 20.50 $ - $ - $ - ROCK PENETRATION $ 36.05 $ 40.30 $ 42.90 $ 49.95 $ 73.60 NQ CORING $ 46.90 $ 49.95 $ 56.25 $ 64.75 $ - STANDARD PENETRATION TEST $ 26.65 $ 33.20 $ 40.65 $ 46.90 $ - 3IN. SHELBY TUBES $ 33.20 $ 40.65 $ 46.90 $ 53.95 $ - NOTE: A HIGHER PRICE WILL APPLY WHEN THERE IS AN INCREASED RISK OF LOSING AUGERS OR BREAKING CORE BARRELS. 25 ENGINEER'S OPINION OF PROBABLE COST - PHASE 2 MASON STREET - HISTORIC DOWNTOWN DISTRICT IMPROVEMENTS ODESSA, MISSOURI TOTAL IMPROVEMENTS Item No. Description Unit Quantity Unit Price Amount 1 MOBILIZATION LS 1 $ 8,000.00 $ 8,000.00 2 PERMANENT TRAFFIC CONTROL SIGNING LS 1 $ 1,000.00 $ 1,000.00 3 TEMPORARY TRAFFIC CONTROL LS 1 $ 3,500.00 $ 3,500.00 4 SILT FENCE LF 80 $ 5.00 $ 400.00 5 CURB INLET CHECK EA 8 $ 75.00 $ 600.00 6* REMOVAL OF EXISTING ASPHALT IMPROVEMENTS SY 4,830 $ 15.00 $ 72,450.00 7 REMOVAL OF EXISTING IMPROVEMENTS SY 1,539 $ 15.00 $ 23,085.00 8* SUBGRADE COMPACTION (6 INCH DEPTH) STA 3 $ 320.00 $ 960.00 9* COLDMILLING (VARIOUS DEPTH) SY 4,830 $ 3.00 $ 14,490.00 10 * BITUMINUOUS SURFACE COURSE (PG64-22 MIXTURE) 3" THICK SY 4,830 $ 10.00 $ 48,300.00 11 * PRIME COAT, LIQUID ASPHALT RC-70 OR MC-30 @ 0.6 GAL/SY GAL 4,830 $ 3.00 $ 14,490.00 12 8" THICK CONCRETE GUTTER SWALE SY 0 $ 80.00 $ - 13 8" THICK CONCRETE DRIVEWAYS SY 280 $ 96.00 $ 26,880.00 14 RETAINING WALL LF 0 $ 200.00 $ - 15 CONCRETE SIDEWALK (4 IN. THICK) SY 905 $ 53.00 $ 47,965.00 16 PEDESTRIAN HANDRAIL LF 0 $ 75.00 $ - 17 CURB & GUTTER, 2.5' WIDE LF 1,015 $ 30.00 $ 30,450.00 18 TYPE 5 AGGREGATE BASE (4 IN. THICK) SY 1,467 $ 10.00 $ 14,670.00 19 * TYPE 5 AGGREGATE BASE (6 IN. THICK) SY 4,830 $ 11.00 $ 53,130.00 20 ADA DETECTABLE WARNING STRIPS SF 25 $ 25.00 $ 625.00 21 * 4" WHITE STRIPING LF 1,370 $ 1.25 $ 1,713.00 22 * 6" WHITE STRIPING LF 0 $ 1.25 $ - 23 24" WHITE PAVEMENT MARKING LF 0 $ 5.00 $ - 24 ADA PARKING SIGN EA 5 $ 250.00 $ 1,250.00 25 PAVEMENT MARKING PAINT, ADA PARKING SYMBOLS EA 5 $ 400.00 $ 2,000.00 26 ELECTRICAL CONDUIT LF 1,230 $ 10.00 $ 12,300.00 27 CABLE, 8 AWG LF 1,230 $ 2.00 $ 2,460.00 28 LED LUMINAIRE W/ DECORATIVE POLE AND BASE EA 9 $ 5,500.00 $ 49,500.00 29 BENCH EA 4 $ 1,200.00 $ 4,800.00 30 * TRASH RECEPTACLE EA 4 $ 1,200.00 $ 4,800.00 31 BIKE RACK EA 2 $ 1,200.00 $ 2,400.00 32 SEEDING AND LANDSCAPING LS 1 $ 2,000.00 $ 2,000.00 33 CONCRETE PAVED DITCH SY 0 $ 80.00 $ - 34 UTILITY ADJUSTMENTS LS 1 $ 7,000.00 $ 7,000.00 35 * WATER LINE REPLACEMENT LF 0 $ 45.00 $ - * Items ineligible for TAP funding, to be funded by City of Odessa. Items with no asterisks are eligible for TAP funding. CONSTRUCTION TOTAL $ 451,218.00 CONSTRUCTION CONTINGENCIES @ 5.0% $ 22,561.00 ENGINEERING DESIGN $ 66,756.00 CONSTRUCTION ADMINISTRATION, INSPECTION, & TESTING $ 40,272.00 TOTAL - PROJECT COST TOTAL $ 580,807.00 PHASE 2 - MASON STREET TAP ELIGIBLE CONSTRUCTION ITEMS $ 252,930.00 CITY FUNDED CONSTRUCTION ITEMS $ 220,850.00 CONSTRUCTION TOTAL $ 473,780.00 26 Mason Street – Historic Downtown District Improvements From 3rd Street to 1st Street 27  BOARD OF ALDERMEN ACTION REPORT ISSUE: As provided in Section 2.502 of the Code of Ordinances of the City of Odessa, Missouri, the Mayor is to appoint the municipal court judge, which is subject to the approval of the Board of Aldermen. ACTION REQUESTED: Motion/Second to approve Bill No. 2022-13, approving the appointment of Carl E. Scarborough as Municipal Judge to the 15th Judicial Circuit, Odessa Municipal Division Court. BACKGROUND: Earlier in the year the Honorable Judge Piedimonte submitted his resignation as the Odessa, MO Municipal Judge, effective immediately. The interim appointment, in accordance with Section 14- 28 of the Odessa Code of Ordinances, was fulfill by appointing Interim Judge Carl E. Scarborough. Judge Scarborough’s interim term will expire on June 30, 2022. It is the recommendation of Mayor Wright to appoint Carl E. Scarborough as Municipal Judge to the 15th Judicial Circuit, Odessa Municipal Division Court to serve a two (2) year term as Municipal Judge of the City, with the term beginning on the 1st day of July, 2022 and ending on the 30th day of June 2024. This is a contracted position and will need to be able to preside over municipal court, held on the third Tuesday of every month beginning at 1:00 pm. FINANCIAL CONSIDERATIONS: The terms of the contract have been submitted and are a part of the record. ATTACHMENTS: Bill No. 2022-13 Contract PREPARED BY: ____ DATED: May 19, 2022 Karen Findora, City Clerk 28 BILL NO. 2022-13 ORDINANCE NUMBER: _____ AN ORDINANCE APPROVING THE APPOINTMENT OF CARL E SCARBOROUGH AS MUNICIPAL JUDGE AND A CONTRACT BY AND BETWEEN THE CITY OF ODESSA, MISSOURI, AND CARL E SCARBOROUGH FOR PROFESSIONAL LEGAL SERVICES TO SERVE AS MUNICIPAL JUDGE OF THE CITY. WHEREAS, the City of Odessa, Missouri (the “City”) is a fourth class city and political subdivision duly organized and validly existing under the Constitution and laws of the State of Missouri; and WHEREAS, the City has a municipal court over which the City’s municipal judge presides; and WHEREAS, Carl E. Scarborough, is a licensed lawyer in the State of Missouri, is qualified to serve, and is currently serving as the City’s municipal court judge; and WHEREAS, the City desires to enter into a contract to provide services as Municipal Judge (the “Agreement”) with Carl E. Scarborough. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF ODESSA, MISSOURI, AS FOLLOWS: Section 1. Appointment by the Mayor. As provided in Section 2.502 of the Code of Ordinances of the City of Odessa, Missouri, the Mayor is to appoint the municipal court judge, which is subject to the approval of the Board of Aldermen. The Mayor has appointed Carl E. Scarborough to serve a two (2) year term as municipal judge of the City, with the term beginning on the 1st day of July, 2022 and end on the 30th day of June, 2024. The passage of this ordinance will constitute the Board of Aldermen’s approval of the appointment of Carl E. Scarborough as the City’s Municipal Judge by the Mayor. Section 2. Authorization of Agreement. The Board of Aldermen does hereby find and determine that it is in the best interests of the City of Odessa, Missouri, to enter into the Agreement with Carol E. Scarborough for professional legal services to serve as the judge of the municipal court in the City of Odessa, Missouri, as more fully described in the Agreement. A copy of the Agreement is attached hereto, marked Exhibit “A” and is incorporated herein by reference. The provisions of the Agreement are hereby approved and adopted by the Board of Aldermen of the City of Odessa, Missouri. The City is authorized and directed to make the payments contemplated by and described in the Agreement. Section 3. Further Authority. The City shall, and the Mayor, City Clerk, city officials and employees of the City are hereby authorized and directed to take such further action, and execute such other documents, certificates and instruments as may be necessary or desirable to carry out and comply with the intent of this Ordinance. Section 4. Severability. The sections, paragraphs, sentences, clauses, and phrases of this Ordinance shall be severable. In the event that any such section, paragraph, sentence, clause or phrase of this Ordinance is found by a court of competent jurisdiction to be invalid, the remaining portions of this Ordinance are valid, unless the court finds the valid portions of this 29 Ordinance are so essential to and inseparably connected with and dependent upon the void portion that it cannot be presumed that the City has enacted the valid portions without the void ones, or unless the court finds that the valid portions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. Section 5. Governing Law. This Ordinance shall be governed exclusively by and construed in accordance with the applicable laws of the State of Missouri. Section 6. Effective Date. This Ordinance shall be in full force and effect from and after its passage by the Board of Aldermen and approval by the Mayor. READ TWICE AND APPROVED this 23rd day of May 2022. __________________________ Stephen L. Wright, Mayor ATTEST: APPROVED: _______________________________________ ___________________________ Karen Findora, City Clerk Stephen L. Wright, Mayor APPROVED AS TO FORM: ________________________________________ Joseph Lauber, City Attorney 30  EXHIBIT "A" CONTRACT TO PROVIDE SERVICES AS CIRCUIT COURT MUNICIPAL JUDGE This Agreement (the "Agreement") is dated effective as of the 1st day of July, 2022 ("Effective Date"), by and between the City of Odessa, Missouri ("City"), and Carl E. Scarborough ("Mr. Scarborough''), a professional attorney practicing in Lafayette County, Missouri, (together hereinafter referred to as "Parties" or individually as "Party"). WHEREAS, Mr. Scarborough is a licensed attorney in the State of Missouri and qualified to provide Municipal Court judicial services; and WHEREAS, Mr. Scarborough agrees that all services and duties, incidental or necessary thereto, shall be conducted and performed diligently and completely and in accordance with professional standards of conduct and performance; and WHEREAS, the City desires that Mr. Scarborough provide such judicial services to the City. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements hereinafter set forth; the Parties hereto have agreed, and do hereby agree as follows: 1. Term of Appointment. The Mayor appoints and the Board of Aldermen confines that Mr. Scarborough for a period commencing on the effective date hereof, and continuing for a term of two (2) years ('Term of Appointment', as Municipal Judge of Odessa Municipal Division of the Circuit Court of Lafayette, County.) Mr. Scarborough hereby accepts such appointment and agrees to perform the services hereinafter described all upon the terms and conditions herein stated. 2. Scope of Services to be Provided. Mr. Scarborough is hereby appointed as Municipal Judge, and will be responsible for all Municipal Court proceedings, supervision of the activities of the Odessa Municipal Division of the Circuit Court of Lafayette County, Missouri, and the discharge of other duties of the Municipal Court Judge as required by law. In the discharge of his duties as Municipal Court Judge, Mr. Scarborough shall comply with all the laws of the State of Missouri and in particular the Supreme Court Rules, specifically the Rules Governing the Missouri Bar and the Judiciary, Rule 2-Code of Judicial Conduct. 31 3. Compensation. For the services rendered pursuant to this Agreement, Mr. Scarborough will submit an invoice to the City for monthly services. Mr. Scarborough will be paid on a monthly basis and will receive a Form 1099 at the end of the year. Mr. Scarborough's monthly retainer will be $750 for services rendered in performing such duties as required under this contract. Mr. Scarborough will be responsible for paying all taxes due on such compensation. 4. Professional Requirements. Mr. Scarborough shall be an attorney admitted to practice law before the courts of record for the State of Missouri. Mr. Scarborough must immediately report to the City any change affecting the maintenance of membership in good standing of the Missouri State Bar Association. Mr. Scarborough will keep current on legal issues relevant to the Municipal Court including regular attendance at continuing legal education programs emphasizing such matters. Mr. Scarborough shall comply with the Code of Judicial Conduct and be subject to ethics applicable to the office. 5. Professional Training. Mr. Scarborough agrees to attend all required continuing municipal legal education training sessions and will provide documentation of said training to the City upon request. The City shall pay twenty (20) percent of the costs for registration, travel and subsistence expenses for Mr. Scarborough for his annual attendance at the Missouri Municipal of Associate Circuit Judges Annual Conference and any other training required by the Missouri Supreme Court the City shall pay twenty (20) percent of the costs associated with said required training. 6. Independent Contractor. It is the understanding of the Parties that Mr. Scarborough shall be an independent contractor and that the City shall neither be liable for nor have any obligations to pay sick leave, vacation pay, or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment Mr. Scarborough, as an independent contractor, shall pay all income and other taxes due. Insurance that is purchased for the benefit of Mr. Scarborough shall not be deemed to convert this Agreement to an employment contract. It is recognized that Mr. Scarborough may or will be performing professional services during the term for other parties and that the City is not the exclusive user of the services that Mr. Scarborough will provide. 7. Termination 7.1 Disability. If, during this Agreement, Mr. Scarborough shall be prevented for a continuous period of two (2) months from performing his duties by reason of disability, the City may terminate the Agreement, in which Mr. Scarborough shall receive any compensation earned or accrued to the date of termination of the Agreement. 32  7.2 Voluntary Termination. Notwithstanding herein to the contrary, Mr. Scarborough may elect to terminate the Agreement, upon written notice to the City of at least ninety (90) days. Termination shall be effective as of the time stated in the written notice, provided the required ninety (90) days was given. The City may elect to terminate the Agreement if: (1) municipal court services are transferred to the Associate Circuit Court; or (2) for cause. Cause is defined as: (i} Mr. Scarborough's failure to provide the scope of services listed in Section 3 above, (ii) disbarment or suspension for any period of time of Mr. Scarborough's license to practice law in Missouri, (iii) any violation of the Missouri Code of Judicial Conduct by Mr. Scarborough. If the City terminates the Agreement, for any reason stated above, the City shall provide written notice to Mr. Scarborough at least ninety (90) days prior to termination. Either party may waive the Notice period required by the Agreement, provided that any waiver is set forth in writing and signed by the party agreeing to waive the Notice period, If the City terminates the Agreement, the City shall pay Mr. Scarborough any compensation earned or accrued to the date of the termination of the Agreement 8. Entire Agreement Modification. This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements, oral or written, and all other communications between the parties relating to such subject matter. This Agreement may not be amended or modified except by mutual written agreement. All continuing covenants, duties and obligations shall survive the expiration or early termination of this Agreement. 9. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Missouri. CITY OF ODESSA, MISSOURI: _______________________ Date ______________________________ Stephen L. Wright, Mayor ATTEST: ________________________________ Karen Findora, City Clerk __________________________________________ Carl E. Scarborough, Scarborough Law Office, LLC 33