Loading...
HomeMy Public PortalAboutPKT-CC-2014-06-24Moab City Council June 24, 2014 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 91 Agenda Page 2 of 91 City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, June 24, 2014 at 6:30 p.m. 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: SECTION 6: SECTION 7: PRE COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1-1 June 10, 2014 CITIZENS TO BE HEARD DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department PRESENTATIONS AND PROCLAMATIONS PUBLIC HEARINGS (Approximately 7:15 PM) 5-1 Public Input on Proposed Resolution #25-2014 — A Resolution Amending the Fiscal Year 2013-2014 Annual Budget SPECIAL EVENTS/VENDOR LICENSES NEW BUSINESS 7-1 Approval of Proposed Ordinance #2014-05 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials Salaries 7-2 Approval of Proposed Resolution #25-2014 — A Resolution Amending the Fiscal Year 2013-2014 Annual Budget 7-3 Approval of Proposed Ordinance #2014-04 - An Ordinance Naming the Frontage Road along North Hwy 191 to River View Drive 7-4 Confirmation of Mayoral Appointment to the Planning Commission for a Term Ending December 31, 2018 7-5 Approval of Proposed Resolution # 30-2014 — A Resolution Approving a Contract By and Between the City of Moab and the Department of Workforce Services — Page 3 of 91 Agenda Community Development Block Grant Program for the Virginian Apartment HVAC and Roofing Project 7-6 Approval of a Class II Beer License for Devran Cengiz, d.b.a. Devran's Mediterranean Restaurant Located at 60 North 100 West 7-7 Approval of Local Consent of a Full -Service Restaurant Liquor License for Devran's Mediterranean Located at 60 North 700 West 7-8 Approval of a Private Property Food Vendor License for Michael, Barbara and Dallas Kane, d.b.a. Rock On Climbing Walls L.L.C., to Conduct a Sno Cone Business Located at 83 South Main Street from June 25 to November 25, 2014 7-9 Approval of Approval of Task Order No. 14-01 for Evaluation of Wastewater Treatment Plant Performance and Amending the Facility Master Plan by Bowen Collins & Associates, Inc 7-10 Approval of Task Order No. 14-02 for Assistance in the Evaluation of Dewatering Press Proposals by Bowen Collins & Associates, Inc. 7-11 Approval of Task Order No. 375.01.100 for Preliminary Design of a Water Storage Tank by Hansen, Allen, & Luce Inc. 7-12 Approval of Task Order No. 2 for a Pavement Condition Survey by Horrocks Engineers Inc. 7-13 Approval of Task Order No. 3 for 500 West Water Line Design by Horrocks Engineers Inc. SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 91 Agenda AGENDA SUMMARY MOAB CITY COUNCIL MEETING Agenda Item #: 5-1 and 7-2 / Title: Proposed Resolution #25-2014 — A Resolution Amending the Fiscal Year 2013-2014 Annual Budget (public hearing and adoption). Fiscal Impact: The impact is specifically described in the resolution. Staff Presenter(s): Donna Metzler, City Manager Department: All City Departments and Functions Applicant: N/A Background/Summary: The FY 2013-2014 Annual Budget has gone through the appropriate administrative processes and has been advertised for public hearing. After the public hearing, it will be ready for approval. The budget amendment shows several interdepartmental transfers in the General Fund which do not require additional revenue to cover. It also includes a transfer from the General Fund fund balance in the amount of $150,000 into the USU set -aside fund, in the Capital Projects Fund. This will bring the fund to $225,000. It also includes an increase in the Building Inspection Department budget in order to cover increased costs associated with the interlocal agreement with Grand County. These increased costs are covered by an increase in Commercial Building Permit revenue. In the Recreation Fund, additional revenue will cover increased expenses for MARC Special Events, while use of fund balance will cover website development costs and unemployment expenses. Options: Approve, deny or postpone. Staff Recommendation: Staff recommends approval of the resolution. Recommended Motion: "I move to approve Proposed Resolution #25-2014 — A Resolution Amending the Fiscal Year 2013-2014 Annual Budget" Attachment(s): Proposed Resolution #25-2014 1 Page 5 of 91 RESOLUTION # 25-2014 A RESOLUTION AMENDING THE FISCAL YEAR 2013/2014 BUDGET WHEREAS, the City of Moab has proposed to amend the 2013/2014 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2013/2014 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2013/2014 Budget Amended Amended Revenue Expenditures 1. General Fund $ 8,609,403 $ 8,609,403 2. Recreation Fund $ 451,733 $ 451,733 3. Capital Projects Fund $ 1,243,350 $ 1,243,350 2013/2014 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES General Fund ($170,250) $170,250 EXPENSES Police, Overtime 10-421-15 ($1,400) Police, Building and Grounds 10-421-21 ($ 5,000) Bldg. Inspection 10-424-31 $ 20,250 Animal Control, Overtime 10-423-15 $ 3,000 Animal Shelter, Salaries and Wages 10-427-10 $ 1,800 Animal Shelter, Benefits 10-427-13 $ 1,600 Transfer to Capital Projects 10-480-97 $150,000 REVENUES Building Permits - Commercial Beg Fund Balance Recreation Fund EXPENSES Rec Professional & Technical MARC Special Events Teen Center Other REVENUES Beg Fund Balance MARC Special Event Fees Capital Projects Fund EXPENSES 10-32-211 10-39-940 23-640-31 23-800-77 23-700-35 23-39-535 23-66-372 ($20, 250) ($150,000) ($8,200) ($4,200) ($4,000) $8,200 $2, 600 $4, 000 $1, 600 ($150,000) $150,000 Resolution 425-2014 Page 1 of Page 6 of 91 Agenda USU Setaside REVENUES Transfer from the General Fund 41-790-45 41-39-222 ($150,000) $150,000 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24t" day of June, 2014. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City of Moab Resolution #25-2014 Page 2 of 2 Page 7 of 91 AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 24, 2o14 Agenda Item #: ]-1 Title: Approval of Proposed Ordinance #2014-05 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials' Salaries Fiscal Impact: This ordinance will enact a 2% increase to wages citywide. Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder Applicant: n/a Background/Summary: The City adopts a new compensation chart annually to accommodate the Cost of Living Adjustment (COLA) for city wages. The COLA increase this year was estimated at 2%, based on the Consumer Price Index for last year. The wages proposed in this Ordinance reflect the 2% COLA increase. Options: Approve, Deny or Table. Staff Recommendation: Approve the proposed ordinance. Recommended Motion: I move to approve proposed ordinance #2014-05. Attachment(s): proposed ordinance #2014-05 Page 8 of 91 Agenda ORDINANCE NO.2014-05 AN ORDINANCE AMENDING THE CITY OF MOAB CLASSIFIED HOURLY PAY RATE SCHEDULE AND EXEMPT AND ELECTED OFFICIALS' SALARIES WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay ranges may be adjusted periodically to accommodate increases in the cost of living; and WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for using standard state and national measures to determine cost of living adjustments; and WHEREAS, the Utah Bureau of Labor Statistics showed that the Cost of Living Increase for the State of Utah from 2012-2013 was greater than 2%; and WHEREAS, the 2014/2015 Fiscal Year Budget Shows a 2% Cost of Living Increase for all employees covered by the Pay Rate Schedule; and WHEREAS, the proposed "City of Moab Classified Hourly Pay Rate Schedule" is attached to this resolution as Attachment A, respectively; and WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the elective and appointive officers of the City and the other employees of the City shall be fixed by motion or resolution of the City Council as in accordance with existing law. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT The City of Moab Classified Hourly Pay Rate Schedule (Attachment A) and Exempt and Elected Official Salaries (Attachment B) as referred herein effective July 1, 2014. DATED this 24th day of June 2014. SIGNED: David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Ordinance #2014-05 June 24, 2 Page 9 of 91 Attachment A 2014-2015 Proposed COLA Chart Grade Min A B C D E F G H I J K L M N O P 1 10.30 10.61 10.93 11.27 11.60 11.96 12.31 12.68 13.06 13.45 13.84 14.27 14.69 15.14 15.59 16.04 16.54 2 10.83 11.15 11.46 11.80 12.16 12.53 12.92 13.31 13.69 14.11 14.51 14.97 15.41 15.87 16.35 16.85 17.35 3 11.31 11.64 12.01 12.36 12.72 13.11 13.50 13.89 14.33 14.75 15.19 15.64 16.13 16.61 17.11 17.63 18.15 4 11.87 12.21 12.59 12.96 13.36 13.74 14.16 14.59 15.02 15.48 15.93 16.41 16.92 17.42 17.94 18.49 19.04 5 12.41 12.79 13.17 13.57 13.98 14.40 14.83 15.27 15.72 16.21 16.69 17.20 17.71 18.24 18.79 19.36 19.93 6 13.01 13.39 13.79 14.22 14.63 15.09 15.53 15.99 16.48 16.98 17.48 18.01 18.55 19.13 19.68 20.28 20.88 7 13.65 14.07 14.47 14.90 15.36 15.83 16.30 16.78 17.31 17.82 18.37 18.89 19.46 20.05 20.66 21.28 21.91 8 14.29 14.71 15.16 15.61 16.08 16.58 17.07 17.57 18.11 18.65 19.21 19.79 20.39 20.97 21.61 22.28 22.93 9 14.97 15.42 15.87 16.35 16.86 17.36 17.88 18.42 18.96 19.53 20.12 20.73 21.35 21.98 22.13 23.33 24.01 10 15.66 16.14 16.63 17.13 17.65 18.17 18.71 19.29 19.85 20.45 21.06 21.68 22.35 23.01 23.69 24.42 25.13 11 16.42 16.93 17.43 17.95 18.50 19.04 19.61 20.21 20.82 21.45 22.07 22.74 23.43 24.12 24.86 25.60 26.34 12 17.21 17.72 18.25 18.80 19.37 19.95 20.54 21.15 21.80 22.44 23.10 23.81 24.52 25.26 26.02 26.81 27.61 13 18.04 18.58 19.15 19.71 20.31 20.90 21.54 22.20 22.85 23.54 24.25 24.97 25.71 26.49 27.27 28.09 28.95 14 18.88 19.45 20.03 20.63 21.26 21.89 22.51 23.22 23.92 24.63 25.38 26.12 26.91 27.72 28.58 29.43 30.30 15 19.79 20.38 20.97 21.60 22.26 22.93 23.61 24.33 25.05 25.81 26.57 27.37 28.20 29.04 29.93 30.81 31.73 16 20.71 21.33 22.00 22.66 23.36 24.04 24.75 25.51 26.25 27.07 27.89 28.71 29.58 30.47 31.39 32.31 33.28 17 21.72 22.38 23.05 23.75 24.46 25.18 25.95 26.72 27.53 28.38 29.21 30.09 30.99 31.91 32.88 33.87 34.89 18 22.76 23.45 24.14 24.88 25.61 26.40 27.17 28.00 28.85 29.70 30.59 42.12 32.46 33.43 34.43 35.46 36.52 19 23.85 24.56 25.32 26.06 26.85 27.66 28.50 29.37 30.21 31.12 32.07 33.02 34.02 35.04 36.08 36.11 38.29 20 24.99 25.73 26.52 27.32 28.13 28.97 29.86 30.74 31.67 32.61 33.60 34.60 35.64 36.70 37.81 38.94 40.11 E1 26.17 26.97 27.80 28.63 29.49 30.36 31.28 32.20 33.18 34.17 35.20 36.24 37.34 38.46 39.62 40.82 42.04 E2 27.44 28.25 29.11 29.99 30.89 31.81 32.77 33.73 34.74 35.80 36.86 37.96 39.12 40.30 41.50 42.74 44.01 E3 28.75 29.62 30.51 31.43 32.37 33.32 34.33 35.35 36.41 37.51 38.65 39.81 40.99 42.23 43.49 44.79 46.12 E4 30.11 31.02 31.93 32.91 33.89 34.90 35.96 37.04 38.13 39.29 40.45 41.67 42.92 44.22 45.53 46.91 48.32 E5 31.55 32.50 33.50 34.47 35.51 36.58 37.68 38.83 39.98 41.17 42.41 43.67 44.99 46.34 47.72 49.15 50.64 S1 8.00 8.22 8.48 8.72 9.00 9.26 9.53 9.83 10.12 10.42 10.72 11.05 11.38 11.71 12.08 12.43 12.81 S2 8.11 8.36 8.60 8.86 9.14 9.40 9.67 9.98 10.27 10.59 10.90 11.23 11.57 11.92 12.27 12.64 13.03 S3 14.42 14.85 15.30 15.76 16.24 16.71 17.23 17.74 18.27 18.81 19.38 19.95 20.56 21.18 21.81 22.47 23.13 S4 14.64 15.10 15.54 16.00 16.49 16.98 17.48 18.01 18.55 19.13 19.69 20.28 20.88 21.51 22.16 22.83 23.50 S5 26.04 26.82 27.62 28.46 29.30 30.18 31.09 32.04 32.99 33.98 35.01 36.05 37.13 38.24 39.38 40.58 41.79 S6 26.46 27.24 28.05 28.91 29.76 30.67 31.58 32.53 33.52 34.52 35.56 36.62 37.72 38.85 40.01 41.20 42.44 Proposed COLA 2% J:\2014\Budget 2014-2015\20144@n efom Wage Chart.xlsx 5/22/2014 Attachment A 2014-2015 Proposed COLA Chart Grade Q R S T U V W X Y Z 1 17.04 17.55 18.07 18.62 19.18 19.75 20.35 20.95 21.58 22.24 2 17.88 18.41 18.95 19.52 20.11 20.72 21.34 21.97 22.63 23.32 3 18.69 19.25 19.83 20.43 21.03 21.68 22.33 22.99 23.68 24.40 4 19.60 20.20 20.81 21.44 22.07 22.74 23.42 24.11 24.84 25.58 5 20.53 21.14 21.79 22.44 23.11 23.81 24.52 25.26 26.01 26.80 6 21.51 22.15 22.82 23.50 24.21 24.95 25.70 26.48 27.26 28.08 7 22.56 23.24 23.93 24.65 25.40 26.15 26.94 27.74 28.58 29.44 8 23.61 24.34 25.05 25.81 26.58 27.38 28.19 29.04 29.92 30.81 9 24.74 25.48 26.23 27.02 27.84 28.67 29.53 30.43 31.33 32.27 10 25.89 26.66 27.48 28.29 29.14 30.02 30.92 31.84 32.80 33.79 11 27.15 27.98 28.82 29.69 30.58 31.51 32.46 33.43 23.82 24.53 12 28.45 29.29 30.16 31.07 32.00 32.97 33.96 34.98 36.03 37.11 13 29.82 30.71 31.62 32.57 33.55 34.56 35.60 36.67 37.77 38.90 14 31.19 32.14 33.11 34.10 35.12 36.17 37.25 38.36 39.53 40.72 15 32.69 33.67 34.67 35.71 36.78 37.88 37.95 40.19 41.39 42.64 16 34.29 35.31 36.38 37.47 38.60 39.76 40.95 42.18 43.44 44.75 17 35.93 37.02 38.11 39.25 40.42 41.64 42.89 44.18 45.50 46.88 18 37.62 38.76 39.93 41.13 42.36 43.63 44.95 46.30 47.69 49.12 19 39.45 40.63 41.85 43.11 44.40 45.73 47.10 48.51 49.97 51.47 20 41.32 42.54 43.83 45.15 46.49 47.89 49.33 50.82 52.35 53.91 E1 43.29 44.58 45.94 47.32 48.74 50.20 51.70 53.26 54.86 56.51 E2 77.17 46.70 48.10 49.54 51.03 52.56 54.14 55.76 57.44 59.15 E3 47.51 48.94 50.43 51.94 53.50 55.10 56.75 53.16 54.75 56.40 E4 49.76 51.26 52.80 54.39 56.01 57.69 59.43 61.20 63.04 64.93 E5 52.16 53.72 55.34 57.00 60.47 62.27 64.14 66.07 68.04 70.08 S 1 13.19 13.59 14.01 14.43 14.86 15.31 15.77 16.25 16.73 17.24 S2 13.41 13.80 14.23 14.65 15.10 15.54 16.01 16.49 16.98 17.49 S3 23.83 24.55 25.29 26.05 26.84 27.64 28.47 29.33 30.20 31.11 S4 24.21 24.94 25.69 26.47 27.25 28.07 28.92 29.78 30.68 31.60 S5 43.05 44.33 45.67 47.04 48.45 49.90 30.17 31.08 32.02 32.98 S6 43.72 45.03 46.38 47.77 49.20 50.67 52.20 53.76 55.39 57.04 Proposed COLA 2% J:\2014\Budget 2014-2015\20144@n efom Wage Chart.xlsx 5/22/2014 ATTACHMENT B Exempt and Elected Official Salaries Section 1. Yearly salary range for the following exempt positions only: City Manager — Grade E5 $65,875 — $126,261 Police Chief — Grade E3 $60,030 — $111,708 Public Works Dir. — Grade 18 $49,799 — $92,707 Recorder — Grade 17 $45,351— $84,397 Treasurer — Grade 14 $39,421— $73,331 Section 2. Yearly salary rates for the following elected official positions: Mayor $12,000 Councilmembers $ 6,000 In addition to yearly salaries, elected officials also receive the following yearly compensation in health and dental care coverage: Coverage type Medical Premium Dental Premium Health Savings Account Match Family $17,059 $1,332 $3,275 Two-party Spouse $12,070 $644 $3,275 Two-party Child $11,544 $975 $3,275 Single $5,498 $322 $1,650 Information about all Moab City financial transactions can be found at: http://www.utah.gov/transparency Ordinance #2014-05 — Attachment B Page 12 of 91 AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 24, 2o14 Agenda Item #: 7-3 Title: Approval of Proposed Ordinance #2014-04 an Ordinance Officially Naming Riverview Road — The Existing Frontage Road Adjacent to Highway 191 upon Which Are Located the Addresses Known as 1551 North Highway 191 and 1653 North Highway 191 Fiscal Impact: None Staff Presenter(s): Rebecca Andrus, City Engineer Department: Engineering Applicant: N/A Background/Summary: In order to address the wayfinding concerns brought up by the owners of the Holiday Inn Express, City staff was charged by the City Council to assist with finding a solution. Since finding the hotels is very easy once on the frontage road, the primary issue appears to be getting patrons to turn onto the frontage road. This requires some sort of wayfinding signage. Through discussions with UDOT, I discovered the following: - Advertising is not allowed in UDOT right-of-way. - Wayfinding logo signs are only allowed on interstates and other roads with interstate characteristics. US-191 does not fall into this category. - Tourist Oriented Directional signage is only allowed for tourist destinations that cannot be seen from the highway. - UDOT allows road signs for roads that are officially named regardless of whether they are public or private ownership. - UDOT will allow for early warning directional signs for the road 300 feet before the entrances similar to roads like Holyoak Lane. I previously sent letters to the business owners informing them of my findings and in previous coordination with City Council, it was determined to name the road Riverview Road. The naming has to be done through an ordinance approved by the City Council. Once approved, the Aarchway Inn and Holiday Inn Express will need to change their addresses to Riverview Road. The number will remain the same. This should facilitate wayfinding for all patrons of these businesses. Options: Approve, deny or table. 1 Page 13 of 91 Agenda Staff Recommendation: Staff recommends approving the proposed Ordinance. Recommended Motion: I move to approve Proposed Ordinance #2014-04 an Ordinance Officially Naming Riverview Road — The Existing Frontage Road Adjacent to Highway 191 upon Which Are Located the Addresses Known as 1551 North Highway 191 and 1653 North Highway 191. Attachment(s): proposed ordinance #2014-04 Page 14 of 91 DRAFT Ordinance #2014-04 AN ORDINANCE OFFICIALLY NAMING RIVERVIEW ROAD — THE EXISTING FRONTAGE ROAD ADJACENT TO HIGHWAY 191 UPON WHICH ARE LOCATED THE ADDRESSES KNOWN AS 1551 NORTH HIGHWAY 191 AND 1653 NORTH HIGHWAY 191 WHEREAS, the City of Moab ("City"), by action of City staff, has taken steps to aid businesses located on the aforementioned frontage road that are addressed on the Highway; and WHEREAS, although said frontage is not located in a subdivision; and WHEREAS, the City has received complaints that lodgers have difficulty locating the businesses because of the lack of adequate directional signage on the highway; and WHEREAS, officially naming said frontage road, as described in ATTACHMENT A, Legal Description, and illustrated in ATTACHMENT B, Alignment Drawing, will help resolve the issue; and WHEREAS, the Moab Municipal Code in Chapter 12.04.040, Street Names, permits changing official street names provided that such action be by ordinance of the City Council; and WHEREAS, the Moab City Council reviewed the name change and Ordinance #2014-04 in a duly advertised public meeting held on June 24, 2014. NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MOAB, that the street name for the existing portion and any future extensions of the frontage road shall hereafter be officially known as RIVERVIEW ROAD. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on June 24, 2014. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder Ordinance #2014- 14 Page 1 of 3 Page 15 of 91 Agenda ATTACHMENT A Legal description A Right -of -Way over and across the described parcels of real property (the "Easement Tract") situated in the City of Moab, Grand County, State of Utah, and as recorded in the office of the recorder of Grand County, Utah, which is more particularly described as follows: Beginning at a point which bears North 5°53' East 811.5 feet from the South quarter corner of Section 26, Township 25 South, Range 21 East, SLM, and proceeding thence along the arc of a 131.7 feet radius curve to the right 107.9 feet (said curve has a chord which bears North 72°15' West 104.9 feet), thence North 40°48' West 307.0 feet, thence North 49°19' West 347.4 feet, thence North 52°37' West 179.0 feet, thence North 36° 29' West 807.4 feet, thence along the arc of a 74.5 feet radius curve to the right 107.4 feet (said curve has a chord which bears North 4°50' East 98.3 feet), thence South 36°24' East 492.2 feet, thence along the arc of a 3889.0 feet radius curve to the left 735.5 feet (said curve has a chord which bears South 42°41' East 734.4 feet), thence South 47°40' East 565.2 feet to the point of beginning. Ordinance #2014- 14 Page 2 of 3 Page 16 of 91 ATTACHMENT B Alignment Drawing Existing frontage road to be renamed Riverview Road Ordinance #2014- 14 Page 3 of 3 Page 17 of 91 Agenda Moab City Board Appointments Date of Appointment (Council Meeting) 6/24/2014 Board Name Term Length Term Expiration Name Address Telephone # Notes Replaces Previous Board Member Mayor's Signature Planning Commission Five Year Term 12/31/2018 Board Member Persona/ Info Joe Downard Jeff Davis Please Return to Moab City Recorder's Office Page 18 of 91 Agenda oizu/Lu I / AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 24, 2014 / Agenda Item #: 7-5 Title: CDBG Contract for Virginian HVAC, Roofing & Handrails Fiscal Impact: None Staff Presenter(s): David Olsen Department: Community Development Applicant: Moab City/HASU Background/Summary: A contract has been prepared by State of Utah Community Development staff for the Moab City/HASU CDBG project to rehab the eight Virginian Apartments units with new HVAC, roofing and handrails. Options: None Staff Recommendation: Approve the contract for the Mayor to sign. Recommended Motion: Move to approve the contract between the Department of Workforce Services and the City of Moab to receive Community Development Block Grant funds to rehab eight Virginian Apartment units with HVAC, roofing and handrails and the Mayor to sign the contract. Attachment(s): See attached contract. Page 19 of 91 Agenda Resolution #30-2014 A RESOLUTION APPROVING A CONTRACT BY AND BETWEEN THE CITY OF MOAB AND THE DEPARTMENT OF WORKFORCE SERVICES — COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR THE VIRGINIAN APARTMENT HVAC AND ROOFING PROJECT Whereas, the governing body of the City of Moab desires to approve an agreement with the Department of Workforce Services — Community Development Block Grant Program to fund the Virginian Apartment HVAC and Roofing Project; and Whereas, the Contract has been presented to this meeting of the City Council. NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY APPROVE THE CONTRACT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 24t" day of June, 2014. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #30-2014 Page 1 of 1 Page 20 of 91 Agenda CONTRACT NO. CONTRACTOR: VENDOR NO. PROJECT NAME: AWARD NUMBER: B-14-DC-49-0001 CFDA #/TITLE: Moab City 58062A Virginian Apartment HVAC and Roofing Project B-14-DC-49-0001 14.228 Community Development Block Grant CONTRACT ORIGINATOR: Glenna Matekel FEDERAL AGENCY: HUD CONTRACT DEPARTMENT OF WORKFORCE SERVICES HOUSING & COMMUNITY DEVELOPMENT DIVISION 1385 S. State, Salt Lake City, UT 84115 1. PARTIES: This contract is between the Department of Workforce Services: Community Development Block Grants (CDBG) (Board or Program) Referred to as STATE, and the following CONTRACTOR Moab City Name 217 E Center St. Address Moab Utah City David Olsen Contact State 435-259-5129 84532 Zip 435-259-4135 Phone # Fax # 2. GENERAL PURPOSE OF CONTRACT: CDBG grant funds will be used rehab of eight units at the Virginian Apts. 3. CONTRACT PERIOD: Commencing on 07/01/2014 and terminating on 12/31/2015 4. CONTRACT COSTS: CONTRACTOR will be paid a maximum of $129,000.00 , pursuant to the budget attached hereto as Attachment C 5. ATTACHMENTS: ATTACHMENT A — GENERAL PROVISIONS 1 ATTACHMENT B - PROGRAM TERMS AND CONDITIONS 1 ATTACHMENT C — BUDGET 1 ATTACHMENT D — SCOPE OF WORK e ATTACHMENT E — FEDERAL ASSURANCES/CERTIFICATIONS 1 ATTACHMENT - FFATA Page 21 of 91 Execution IN WITNESS WHEREOF, the parties sign and cause this contract to be effective as of the date indicated below by the Utah State Division of Finance. CONTRACTOR APPROVED: Moab City Organization Name STATE APPROVED: HOUSING 8 COMMUNITY DEVELOPMENT DIVISION BY: BY: Signature Name Title Gordon D. Walker WITNESS APPROVED - DIVISION OF FINANCE Name and Title BY: Execution Date: Page 22 of 91 I 1. ATTACHMENT A GENERAL PROVISIONS FOR HOUSING 8 COMMUNITY DEVELOPMENT DIVISION AGREEMENTS AUTHORITY: Provisions of this contract are pursuant to the authority set forth in Section 63G-6a, Utah Code, as amended, Utah State Procurement Rules (Utah Administrative Code Section R33), and related statutes which permit the STATE to purchase certain specified services, and other approved purchases by the STATE. 2. CONTRACT JURISDICTION, CHOICE OF LAW AND VENUE: The provisions of this contract shall be governed by the laws of the State of Utah. The parties will submit to the jurisdiction of the courts of the State of Utah for any dispute arising out of this Contract or the breach thereof. Venue shall be in Salt Lake City, in the Third Judicial District Court for Salt Lake County. 3. LAWS AND REGULATIONS: The CONTRACTOR and any and all supplies, services, equipment, and construction proposed and furnished under this contract will comply fully with all applicable Federal and State laws and regulations including applicable licensure and certification requirements. 4. PROJECT COMPLETION: shall complete the project described in Attachment D - Scope of Work within the contract period shown on page 1 of this Contract. 5. RECORDS ADMINISTRATION: The CONTRACTOR shall maintain, or supervise the maintenance of all records necessary to properly account for the payments made to the CONTRACTOR pursuant to this Contract. The records shall be retained by the CONTRACTOR for at least four years after the Contract terminates, or until all audits initiated within the four years, have been completed, whichever is later. The CONTRACTOR agrees to allow State and Federal auditors, and State Agency Staff, access to all records related to this Contract, for audit, inspection, and monitoring of services. Such access will be during normal business hours, or by appointment. 6. CONFLICT OF INTEREST: CONTRACTOR represents that none of its officers or employees are officers or employees of the State of Utah, unless disclosure has been made in accordance with §67-16- 8, Utah Code Annotated, 1953, as amended. CONTRACTOR certifies that it has not offered or given any gift or compensation prohibited by the laws of the State of Utah to any officer or employee of the STATE or participating political subdivisions to secure favorable treatment with respect to being awarded this contract. 7. CONTRACTOR AN INDEPENDENT CONTRACTOR: The CONTRACTOR shall be an independent CONTRACTOR, and as such, shall have no authorization, express or implied, to bind the STATE to any agreements, settlements, liability, or understanding whatsoever, and agrees not to perform any acts as agent for the STATE, except as herein expressly set forth. Compensation stated herein shall be the total amount payable to the CONTRACTOR by the STATE. The CONTRACTOR shall be responsible for the payment of all income tax and social security tax due as a result of payments received from the STATE for the Contract services. Persons employed by the STATE and acting under the direction of the STATE shall not be deemed to be employees or agents of the CONTRACTOR. 8. INDEMNITY CLAUSE: The CONTRACTOR agrees to indemnify, save harmless, and release the State of Utah, and all its officers, agents, volunteers and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of the CONTRACTOR's officers, agents, volunteers, or employees, but not for claims arising from the State's sole negligence. The parties agree that if there are any Limitations of the CONTRACTOR's Liability, including a limitation of liability for anyone whom the CONTRACTOR is responsible, such Limitations of Liability will not apply to injuries to persons, . including death, or to damages of property. 9. EMPLOYMENT PRACTICES CLAUSE: The CONTRACTOR agrees to abide by the provisions of Title VI and VII of the Civil Rights Act of 1964 (42USC 2000e) which prohibits discrimination against any employee or applicant for employment or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246, as amended, which prohibits discrimination on the basis of sex; 45 CFR 90 which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act of 1990 which prohibits discrimination on the basis of disabilities. Also, the CONTRACTOR agrees to abide by Utah's Executive Order, dated December 13, 2006, which prohibits sexual harassment in the work place. Page 23 of 91 co Y a cu co Q 10. SEPARABILTY CLAUSE: A declaration by any court, or any other binding legal authority, that any provision of this Contract is illegal and void shall not affect the legality and enforceability of any other provision of this Contract, unless the provisions are mutually dependent. 11. DEBARMENT: The CONTRACTOR certifies that neither it nor its principals are presently or have ever been debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction (contract), by any governmental department or agency. If the CONTRACTOR cannot certify this statement, attach a written explanation for review by the STATE. The CONTRACTOR must notify the State Director of Purchasing within 30 days if debarred by any governmental entity during the Contract period. 12. TERMINATION: Unless otherwise stated in the Special Terms and Conditions, this contract may be terminated, with cause by either party, in advance of the specified termination date, upon written notice being given by the other party. The party in violation will be given ten (10) working days after notification to correct and cease the violations, after which the Contract may be terminated for cause. This Contract may be terminated without cause, in advance of the specified expiration date, by either party, upon 60 days prior written notice being given the other party. On termination of this Contract, all accounts and payments will be processed according to the financial arrangements set forth herein for approved services rendered to date of termination. 13. NONAPPROPRIATION OF FUNDS, OR CHANGES IN LAW: 13.1 Upon thirty (30) days written notice delivered to the CONTRACTOR, this Contract may be terminated in whole or in part at the sole discretion of the State, if the State reasonably determines that a change in Federal or State legislation or applicable laws materially affects the ability of either party to perform under the terms of the contract. 13.2 Upon thirty (30) days written notice delivered to the CONTRACTOR, this Contract may be terminated in whole or in part, or have the services and purchase obligations of the State proportionately reduced, at the sole discretion of the State, if the State reasonably determines that a change in available funds affects the State's ability to pay under the Contract. A change of available funds as used in this paragraph, includes, but is not limited to, a change in Federal or State funding, whether as a result of a legislative act or by order of the President or the Governor. 13.3 If a notice is delivered under paragraph 1 or 2 of this Section 13 "NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW", the State will reimburse the CONTRACTOR for products properly delivered or services properly performed up until the effective date .of said notice. The State will not be liable for any performance, commitments, penalties, or liquidated damages that acrrue after the effective date of said notice. 13.4 Notwithstanding any other paragraph or provision of this Section 13 "NONAPPROPRIATION OF FUNDS, REDUCTION OF FUNDS, OR CHANGES IN LAW", if the State in said notice to the CONTRACTOR indicates that the CONTACTOR is to immediately cease from placing any orders or commitments with suppliers, subcontractor or other third parties, the CONTRACTOR shall immediately cease such orders or commitments upon receipt of said notice and the State shall not be liable for any such orders or commitments made after the receipt of said notice. 14. WARRANTY: The Contractor warrants that (a) all services shall be performed in conformity with the requirements of this Contract by qualified personnel in accordance with generally recognized standards; and (b) all goods or products furnished pursuant to this Contract shall be free from defects and shall conform to contract requirements. The Contractor agrees to warrant and assume responsibility for all products (including hardware, firmware, and/or software products) that it licenses, contracts, or sells to the State of Utah under this contract for a period of one year, unless otherwise specified and mutually agreed upon elsewhere in this contract. The Contractor acknowledges that all warranties granted to the buyer by the Uniform Commercial Code of the State of Utah apply to this contract. Product liability disclaimers and/or warranty disclaimers from the seller are not applicable to this contract unless otherwise specified and mutually agreed upon elsewhere in this contract. In general, the Contractor warrants that: (1) the product will do what the salesperson said it would do, (2) the product will live up to all specific claims that the manufacturer makes in their advertisements, (3) the product will be suitable for the ordinary purposes for which such product is used, (4) the product will be suitable for any special purposes that the State has relied on the Contractor's skill or judgment to consider when it advised the State about the product, (5) the product has been properly designed and manufactured, and (6) the product is free of significant defects or unusual problems about which the State has not been warned. Remedies available to the State include the following: The Contractor will repair or replace (at no charge to the State) the product whose nonconformance is discovered and made known to the Contractor in writing. If the repaired and/or replaced product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. Nothing in this warranty will be construed to limit any rights or remedies the State of Utah may otherwise have uncle co this contract. v a cu 01 Q Page 24 of 91 15. PAYMENT: Payments are normally made within 30 days following the date the order is delivered or the date a correct invoice is received, whichever is later. 16. PATENTS, COPYRIGHTS, ETC: The Contractor will release, indemnify and hold the State, its officers, agents and employees harmless from liability of any kind or nature, including the CONTRACTOR'S use of any copyrighted or un-copyrighted composition, secret process, patented or un-patented invention, article or appliance furnished or used in the performance of this contract. 17. ASSIGNMENT/SUBCONTRACT: CONTRACTOR will not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this contract, in whole or in part, without the prior written approval of the STATE. 18. UNUSED FUNDS: Any funds authorized by the STATE that are not used in the completion of Scope of Work must be returned to the STATE. 19. INELIGIBLE EXPENSES: CONTRACTOR expenditures under this Contract determined by audit to be ineligible for reimbursement because they were not authorized by the terms and conditions of the Contract, or that are inadequately documented, and for which payment has been made to the CONTRACTOR will be immediately refunded to the STATE by the CONTRACTOR. The CONTRACTOR further agrees that the STATE shall have the right to withhold any or all subsequent payments under this or other Contracts to the CONTRACTOR until the recoupment of overpayments is made. 20. PUBLIC INFORMATION: CONTRACTOR agrees that the contract, related Sales Orders, and Invoices will be public documents,and may be available for distribution. CONTRACTOR gives the STATE express permission to make copies of the Contract, and related Sales Orders, and Invoices in accordance with the State of Utah Government Records Access and Management Act (GRAMA). Except for sections identified in writing and expressly approved by the State Division of Purchasing, CONTRACTOR also agrees that the CONTRACOR"s response to the solicitation will be a public document, and copies may be given to the public under GRAMA laws. The permission to make copies as noted will take precedence over any statements of confidentiality, proprietary information, copyright information or similar notation. 21. PROCUREMENT ETHICS: The contractor understands that a person who is interested in any way in the sale of any supplies, services, construction, or insurance to the State of Utah is violating the law if the person gives or offers to give any compensation, gratuity, contribution, loan or reward, or any promise thereof to any person acting as a procurement officer on behalf of the STATE, or who in any official capacity participates in the procurement of such supplies, services, construction, or insurance, whether it is given for their own use of for the use or benefit of any other person or organization (63G-6a - 2304.5, Utah Code Annotated, 1953, as amended). 22. DEFAULT AND REMEDIES: Any of the following events will constitute cause for the STATE to declare CONTRACTOR in default of the Contract: 1). Nonperformance of contractual requirements; or, 2). A material breach of any term or condition of this contract. The STATE will issue a written notice of default providing a period in which CONTRACTOR will have an opportunity to cure. Time allowed for cure will not diminish or eliminate CONTRACTOR's liability for liquidated or other damages. If the default remains, after CONTRACTOR has been provided the opportunity to cure, the STATE may do one or more of the following: 1). Exercise any remedy provided by law; 2). Terminate this Contract and any related contracts or portions thereof; 3). Impose liquidated damages, if liquidated damages are listed in the contract; 4). Suspend CONTRACTOR from receiving future bid/proposal solicitations. 23. FORCE MAJEURE: Neither party to this contract will be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The STATE may terminate this Contract after determining such delay or default will reasonably prevent successful performance of the Contract. 24. CONFLICT OF TERMS: Terms and Conditions that apply must be in writing and attached to the Contract. No other Terms and Conditions will apply to this Contract. In the event of any conflict in the Contract terms and conditions, the order of precedence shall be: 1). Attachment A: State of Utah Standard Contract Terms and Conditions: 2). State of Utah Contract Signature Page(s); 3). Additional State Terms and Conditions; 4).Contractor Terms and Conditions. Page 25 of 91 cu Q 25. ENTIRE AGREEMENT: This Agreement, including all Attachments, and documents incorporated hereunder, constitutes the entire agreement between the parties with respect to the subject matter, and supersedes any and all other prior and contemporaneous agreements and understandings between the parties, whether oral or written. The terms of this Agreement shall supersede any additional or conflicting terms or provisions that may be set forth or printed on the CONTRACTOR'S work plans, cost estimate forms, receiving tickets, invoices, or any other related standard forms or documents of the CONTACTOR that may subsequently be used to implement, record or invoice services hereunder from time to time, even if such standard forms or documents have been signed or initialed by a representative of the State. The parties agree that the terms of this Agreement shall prevail in any dispute between the terms of this Agreement and terms printed on any such standard forms or documents, and such standard forms or documents shall not be considered written amendments of this Agreement. 26. AMENDMENT: This Contract may be altered, modified, or supplemented only by written amendment to this contract,executed by authorized persons of the parties hereto, and attached to the original signed copy of this agreement. No claim for services furnished by the CONTRACTOR, not specifically authorized by this Contract will be allowed by the STATE. Automatic renewals will not apply to this contract. 27. ACCOUNTING REPORTS: The goveming board of the CONTRACTOR is responsible to ensure that CONTRACTOR complies with the accounting reporting requirements in Utah Code §51-2a-201 enacted by Chapter 206, 2004 General Session. 29. INSURANCE: Contractor must carry insurance with policy limits no less than one million per incident and three million in the aggregate. Contractor must provide proof of insurance to State and must add State as an additional insured with notice of cancellation. 29. CERTIFY REGISTRATION AND USE OF EMPLOYMENT STATUS VERIFICATION SYSTEM: The Status Verification System, also referred to as "E-verify", only applies to contracts issued through a Request for Proposal process, and to sole sources that are included within a Request for Proposal. It does not apply to other types of procurement processes, including but not limited to Invitation to Bids or to Multiple Stage Bids. 29.1 Status Verification System 1. Each offeror and each person signing on behalf of any offeror certifies as to its own entity, under penalty of perjury, that the named Contractor has registered and is participating in the Status Verification System to verify the work eligibility status of the contractor's new employees that are employed in the State of Utah in accordance with applicable immigration laws including UCA Section 63G-12-302. 2. The Contractor shall require that the following provision be placed in each subcontract at every tier."The subcontractor shall certify to the main (prime or general) contractor by affidavit that the subcontractor has verified through the Status Verification System the employment status of each new employee of the respective subcontractor, all in accordance with applicable immigration laws including UCA Section 63G-12-302 and to comply with all applicable employee status verification laws. Such affidavit must be provided prior to the notice to proceed for the subcontractor to perform the work." 3. The State will not consider a proposal for award, nor will it make any award where there has not been compliance with this Section. 4. Manually or electronically signing the Proposal is deemed the Contractor's certification of compliance with all provisions of this employment status verification certification required by all applicable status verification laws including UCA Section 63G-12-302. Page 26 of 91 cu Y a cu co Q 29.2 Indeminity Clause for Status Verification System 1. Contractor (includes, but is not limited to any Contractor, Design Professional, Designer or Consultant) shall protect, indemnify and hold harmless, the State and its officers, employees, agents, representatives and anyone that the State may be liable for, against any claim, damages or liability arising out of or resulting from violations of the above Status Verification System Section whether violated by employees, agents, or contractors of the following: (a) Contractor; (b) Subcontractor at any tier; and/or (c) any entity or person for whom the Contractor or Subcontractor may be liable. 2. Notwithstanding Section 1. above, Design Professionals or Designers under direct contract with the State shall only be required to indemnify the State for a liability claim that arises out of the design professional's services, unless the liability claim arises from the Design Professional's negligent act, wrongful act,error or omission or other liability imposed by law except that the design professional shall be required to indemnify the State in regard to subcontractors or subconsultants at any tier that are under the direct or indirect control or responsibility of the Design Professional, and includes all independent contractors, agents, employees or anyone else for whom the Design Professional may be liable at any tier. Page 27 of 91 cu Y a cu co Q ATTACHMENT B - PROGRAM GENERAL CONDITIONS 1. MONITORING: The STATE will monitor CONTRACTOR'S performance in providing services and facilities in accordance with the purposes of this agreement, and shall conduct at least one site visit during the contract period to inspect said performance. Criteria to be used in monitoring said performance includes compliance with the provisions of this agreement and the degree to which CONTRACTOR meets the Federal and State objectives established for the Community Development Block Grant Program as specified in Title I of the Housing and Community Development Act of 1974 as amended from time to time and as outlined in the "Application Guide, Community Development Block Grant Program". 2. CRITERIA DOCUMENTATION: During the term of this contract, the CONTRACTOR agrees to supply any additional information to the STATE which the STATE may require in completing and/or processing the CONTRACTOR'S grant application for Community Development Block Grant funds. The CONTRACTOR also agrees to collect and analyze data pertaining to the manner in which work performed under this contract has (or will have) met one or more of the following criteria: a. benefit low and moderate income families; b. aid in the prevention or elimination of slums or blight; and/or c. meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs. 3. ASSURANCES THAT OTHER SOURCES OF PROJECT FUNDS ARE SECURED: The CONTRACTOR, prior to the commencement of expenditures authorized by this agreement, agrees to provide to the STATE evidence that other sources of funds to be used for work described in the Scope of Work (if any) have been secured and are immediately available to the CONTRACTOR for the purpose of performing services and/or constructing facilities as described herein. The CONTRACTOR further agrees that all of the work described in Attachment C will be completed in a timely manner. 4. COST PRINCIPLES AND ADMINISTRATIVE RULES: The following state and federal requirements apply to the financial management function for local CDBG programs: 24CFR Part 85 - Administrative Requirements for Grants & Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments. This part establishes uniform administrative rules for Federal grants including guidance on financial administration, procedures for control and disposition of property, and retention of records. 5. REQUIRED REPORTING OF FINANCIAL PERFORMANCE: In accordance with OMB Circular A-133, Audits of State, Local Governments and Non -Profit Organizations, state and local governments or non-profit organizations that expend $500,000 or more in total federal financial assistance (from all sources) in the recipient's fiscal year shall have a Single Audit completed. Determining the amount of federal funds received shall be based on actual cash spent, not notice of an award or execution of this or any other contracts. Recipients that expend less than the federal assistance threshold are exempt from the Single Audit requirement, however, the recipient's financial records shall be available for review, monitoring or audit by appropriate officials of the federal granting agency, the Department of Workforce Services, the State of Utah, any pass-thru entity and/or the General Accounting Office. Likewise, recipients may be asked to confirm in writing that their expenditure of federal funds did not exceed the designated threshold in the appropriate fiscal year. The audit shall be completed and submitted to the Utah State Auditor's Office no later than six (6) months after the end of the recipient's fiscal year. 6. SERVICES AND PROJECT REPORTING REQUIREMENTS: The CONTRACTOR agrees to supply those activities as specified in the Scope of Work and in compliance with all relevant Federal regulations pertaining to the Small Cities Community Development Block Grant Program. In performance of said services, CONTRACTOR further agrees to submit a performance report to the STATE in a format designed by the STATE with all information compiled in compliance with paragraph 2 (above). 7. IMPOSITION OF FEES AND GENERATION OF PROGRAM INCOME: CONTRACTOR will not impose any fees for services rendered in connection with this contract. Notwithstanding any other provision of law, CONTRACTOR may at the STATES option retain any program income that is realized from the grant if (1) such income was realized after the initial disbursement of the funds received by CONTRACTOR, and (2) CONTRACTOR can satisfactorily demonstrate that the program income received will be applied to continue the activity from which income was derived (3) STATE gives explicit permission to retain such and authorizes it's distinct usage. Page 28 of 91 cu Q 8. PAYMENT WITHHOLDING: The CONTRACTOR agrees that the reporting and record keeping requirements specified in this contract are a material element of performance and that if, in the opinion of the STATE, CONTRACTOR'S record keeping practices and/or reporting to the STATE are not conducted in a timely and satisfactory manner, the STATE may withhold part or all of the payments under this contract until such time as in the opinion of the STATE such deficiencies have been remedied. In the event of payment(s) being withheld, the STATE agrees to notify the CONTRACTOR in writing immediately upon denial of payment of the reasons for the denial and of the actions that the CONTRACTOR will need to take to bring about the release of withheld payments. In addition to the possible denial of payment noted above, the contractor agrees that, upon execution of this contract, the State will retain the final 5 percent of the total amount specified herein until State representatives have conducted a monitoring interview. This interview will be to document appropriate expenditure of the 90 percent of the contract funds received. If any areas of non-compliance with CDBG regulations requiring correction on the part of the contractor are noted, the State reserves the right to refuse the grantee's request for final fund draw -down until satisfactory evidence of compliance has been submitted. 9. PROJECT DURATION: CONTRACTORS who have not expended 90 percent of the contract funds by the final month of the contract term, should request an extension of the contract termination date in order to allow adequate time for the monitoring review to occur and any subsequent corrections to be made, and final draw -down of funds to occur. Construction based contracts may not be able to complete their project within the allotted time frame unless they have met various milestones near the end of the final year of their contract. Any requests for construction contract extensions beyond December 31, will be based on how a CONTRACTOR has met the following milestones. Environmental Review completed within 90 days of contract execution Engineering Design and bid ready, specifications completed by December 31, 2014 Advertisements for bids published prior to March 31, 2015 Bid Award issued by April 30, 2015 Notice to proceed issued by May 31, 2015 The STATE will closely monitor each CONTRACTOR'S progress according to these final deadlines. If a CONTRACTOR fails to meet these deadlines, the STATE will invoke the right to terminate the contract on the basis that it cannot be completed within the contract time limits. The STATE must give each CONTRACTOR a 45-day notice of termination and if the CONTRACTOR can meet the deadlines then the termination will be canceled and the project may proceed. The CONTRACTOR may appeal termination notices. Appeals must be made in writing within 10 days following the receipt of the notice of termination. The CDBG Policy Committee will arbitrate in appeals cases. The CONTRACTOR does not need to be in attendance at the policy committee meeting and decisions can be made based on telephone polls, conference calls, faxes and E-Mail. Non - construction projects may be extended on a case -by -case basis by the state based on need and the application of written criteria. 10. CHANGES IN PROJECT BUDGET, DESIGN OR LOCATION: The CONTRACTOR agrees to notify the STATE and receive STATE'S written approval, in amendment form, prior to implementing any change in program budget, design (as specified in Attachment C) or before changing principle location of service delivery as specified herein. 11. CONTRACT RENEWAL:CONTRACTOR agrees that the STATE shall unilaterally have the right to determine the basis upon which this agreement may be renewed, and shall have the right to not renew this contract with or without cause. 12. MULTI -YEAR FUNDING: CONTRACTOR agrees that the STATE will not be held liable for funding successive years of multi -year agreements if funding ceases from The Department of Housing and Urban Development/CDBG program or other Federal Funding Agency. 13. RELATED PARTIES: The CONTRACTOR shall not make payments for goods, services, facilities, salary/wages, professional fees, leases, etc. to related parties for contract expenses without the prior written consent of STATE. Disbursements by the CONTRACTOR to related parties made without such prior approval may be disallowed and may result in an overpayment assessment. "Related Parties" for the purposes of this Contract shall mean organizations/persons related to the CONTRACTOR by any of the following: blood, marriage, one or more partners in common with CONTRACTOR, one or more directors or officers in common with CONTRACTOR, or more than 10 percent common ownership (direct or indirect) with CONTRACTOR. Page 29 of 91 co Y a cu co Q 14. LABOR STANDARDS:The CONTRACTOR agrees to abide by provisions of: (1) the Davis -Bacon Act and shall compile evidence certifying that all laborers and mechanics employed by CONTRACTOR or subcontractors on construction work assisted under this agreement are paid wages at rates not less than those prevailing on similar construction in the locality as determined by the U.S. Department of Labor, (2) the Copeland "Anti -Kickback Act requiring weekly payment of employees and weekly submission of payroll records by the CONTRACTOR to the contracting agency; and (3) the Contract Work Hours and Safety Standard ACT (CSHSSA) requiring that workers received "overtime" compensation at a rate of 1 % times their regular hourly wage after having worked more than 40 hours in one week. 15. SECTION 3 COMPLIANCE The CONTRACTOR agrees to abide by provisions of Section 3 of the Housing and Uban Develpment Act of 1968, to ensure that employment and other economic opportunities generated by the Community Development Block Grant program, tO the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low and very low income persons (24 CFR Part 135). § 135.38 - Section 3 Clause for Construction 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). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the contractor's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 135. F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b) of the Indian Self -Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian -owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3 and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with section 7(b). Page 30 of 91 cu Q 16. ENVIRONMENTAL REVIEW COMPLIANCE: The CONTRACTOR agrees to abide by provisions of the National Environmental Policy Act of 1969 and other provisions of law which further the purposes of such Act as required by Title 1 of the Housing and Community Development Act of 1974 as amended from time to time and in compliance with the Environmental Review Procedures of the Community Development Block Grant Program at 24CFR Part 58 and any subsequent regulations issued by the U.S. Department of Housing and Urban Development implementing the Housing and Community Development Amendments of 1981. 17. CULINARY WATER PROJECTS/WASTEWATER TREATMENT PLANTS: Such plans should be sent to the state of Utah, Department of Environmental Quality (DEQ). Approval from DEQ is required prior to receiving an environmental release from the State CDBG office. 18. LEAD BASED PAINT: The CONTRACTOR agrees to abide by provisions of 24CFR Part 35 Lead Based Paint Poisoning Prevention in Certain Residential Structures and the Residential Lead -Based Paint Hazard Reduction Action of 1992 as amended through 2005. Contractor also agrees to abide by the provisions of 40CFR Part and EPA's Renovation Repair & Painting (RRP) Rule effective April 22, 2010. 19. PAYMENT OF THIS CONTRACT: is conditioned upon the CONTRACTOR'S: a. Submission of an appropriate environmental review that demonstrates the required compliance with the National Environmental Policy Act (NEPA) prior to any obligation or commitment of funds (see CDBG Grantee Handbook). b. Submission of acceptable documentation specifying the definite commitment of all additional funds necessary for completion of this project as detailed in the Contract Budget, Attachment D. c. Submission of satisfactory evidence to the STATE that a contract has been signed to perform the work required. d. Submission of a certification statement from the applicable Association of Governments that this project is in compliance with the most recent update of the regional "Consolidated Plan". (Usually satisfied during the application). 20. CONTINUING RESOLUTIONS: In the event that funding for this program is provided through Federal Continuing Resolution, the STATE shall be responsible to expend only those funds actually provided to the STATE by Continuing Resolution and is under no further obligation to CONTRACTOR or any sub- contracted entity to fulfill the financial obligation until such time as additional funding is provided by a grant appropriation or continuing resolution. The STATE may determine the method for distributing and expending funds provided by Federal Continuing Resolution. 21. SUBCONTRACTS:Subcontract arrangements must be executed in writing and be approved in writing in advance by the STATE. The CONTRACTOR is responsible for managing the operations of any subcontracted activities. The CONTRACTOR must monitor subcontracted activities to ensure compliance with the provisions of the subcontract agreement and with this contract, as well as with applicable Federal and State requirements and performance objectives. Revised February 6, 2014 Page 31 of 91 cu Q ATTACHMENT C - BUDGET 1. Community Development Block Grants (CDBG) - Budget Year 2014 s2. PROGRAM EXPENDITURES Budget Category Federal Other Total Funds Funds Funding Administration Planning Technical Assistance (AOG) Program Delivery Costs Construction Engineer/Architect Other Other Real Property Acquisition $3,000.00 $0.00 $0.00 $0.00 $117,000.00 $9,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,000.00 $0.00 $0.00 $0.00 $117,000.00 $9,000.00 $0.00 $0.00 $0.00 Total $129,000.00 $0.00 $129,000.00 Page 32 of 91 co -a c d a) Q ATTACHMENT D - SCOPE OF WORK CDBG grant funds will be used to replace roof sheathing and shingles, replace inefficient and dilapidated electric baseboard heat and swamp coolers with high efficiency heat -pump HVAC systems and replace old splintered wooden handrails with steel handrails on eight units at The Virginian Apartments. Page 33 of 91 cu c d a) Q ATTACHMENT E - CERTIFICATIONS In order to meet the specific requirements of the Housing and Urban -Rural Recovery Act of 1983 which amends the Housing and Community Development Act of 1974, the following certifications must be completed by every Grantee. 1. ACQUISITION, RELOCATION AND ANTIDISPLACEMENT I certify that all real property acquired and all displacements of persons resulting from the proposed CDBG project will be carried out under the provisions of the Uniform Relocation Assistance and Real Properties Acquisition Policies Act of 1970 as amended by the Uniform Relocation Act Amendments of 1987 Title IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987. I further certify that all displacements of persons resulting from the proposed CDBG project will be carried out in accordance with Section 104(d) of the Housing and Community Development Act of 1974, as amended and in conformance with the Residential Anti - displacement and Relocation Assistance Plan and Certification adopted by this agency on 03/20/1990. 2. CIVIL RIGHTS and FAIR HOUSING I certify that the CDBG grant will be conducted and administered in accordance with Title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42USC 3601-3619), and implementing regulations. 3. ARCHITECTURAL BARRIERS I certify that the CDBG program will be conducted in accordance with Architectural Barriers Act of 1968, as amended (42 USC 4151) and Section 504 of the Rehabilitation Act of 1973, as amended (28 USC 792), and the Americans with Disabilities Act of 1991. 4. CITIZEN PARTICIPATION I certify that opportunities have been provided for citizen participation, hearings, and access to information comparable to the requirements of Title I HCD Act 104(a)(2). Specific information regarding this requirement (publications, notices) can be found in the grantee's application file. 5. PROGRAM COSTS RECOVERY I certify that as a CDBG Grantee I will not attempt to recover the costs of any public improvements assisted in whole or in part with CDBG funds by assessing properties owned and occupied by low and moderate income persons unless: (1) CDBG funds are used to pay the proportion of such assessment that relates to non?CDBG funding, or (2) for the purposes of assessing properties owned and occupied by low and moderate income persons who are not very low income that the local government does not have sufficient CDBG funds to comply with the provision of (1) above. 6. EXCESSIVE FORCE CERTIFICATION I certify that as a CDBG Grantee I will adopt and enforce a policy prohibiting the use of excessive force by law enforcement agencies within my jurisdiction against any individuals engaged in nonviolent civil rights demonstrations in accordance with Section 519 of Public Law 101144, (the 1990 HUD Appropriations Act.). I will also adopt a policy enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within our jurisdiction. 7. PROHIBITION AGAINST LOBBYING CERTIFICATION I certify that: (1) No Federally appropriated funds will be paid, by or on behalf of the undersigned, to any person for the influencing or attempting to influence an officer or employee of any agency, a Member of congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal Grant, the making of any Federal loan, extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federally appropriated funds are paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) I certify that I shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that LL sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 al not more than $100,000 for each failure. � C sm Co Page 34 of 91 Q 8. Change of Use I certify that the jurisdiction will comply with all requirements of 24 CFR Part 24. This includes sections 488 and 489 J requiring all assisted housing units maintain affordability standards until 5 years following the date of close out of this contract by the State. I certify that I have read and am aware of the foregoing certification requirements. Signature Chief Elected Official Printed Name of Chief Elected Official Title Date Page 35 of 91 I STATE OF UTAH DEPARTMENT OF WORKFORCE SERVICES HOUSING & COMMUNITY DEVELOPMENT DIVISION REPORTING REQUIREMENTS FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) CONTRACTORS, SUBGRANTEES, or SUBRECP/ENTS awarded $25,000 or more in federal funds shall comply with The Federal Funding Accountability and Transparency Acct (FFATA), P.L. 109-282 (and as amended by section 6202 (a) of P.L. 110-252). Federal Funding Agency: HUD Program Source: Community Development Block Grants (CDBG) Award Title: Virginian Apartment HVAC and Roofing Project CFDA Number: 14.228 Award Number: B-14-DC-49-0001 Sub -recipient NAICS Code: 921110 Sub -recipient DUNS Number: 07-054-0372 Sub -recipient Name: Moab City Address: 217 E Center St. City: Moab State: UTAH Has the sub -recipient registered with the Yes System for Award Management (SAM)? CERTIFICATION Federal Funding Accountability and Transparency Act of 2006 requires that you report the names and total compensation of your entity's five most highly compensated executives, if the following requirements are met. In your business or organization's preceding completed fiscal year, did your business or organization (the legal entity to which this specific SAM record, represented by a DUNS number, belongs) receive: (1) 80 percent or more of your annual gross revenues in U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements; and (2) $25,000,000 or more in annual gross revenues from U.S. federal contracts, subcontracts, loans, grants, subgrants, and/or cooperative agreements? YES: Continue below NO: See Attestation Name Title Total Compensation Level* 1. $0.00 2. $0.00 3. $0.00 4. $0.00 5. $0.00 *Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR 229.402(c)(2)): 1) Salary and bonus. 2) Awards of stock, stock options, and stock appreciation rights. Use the dollar amount recognized for financial statement reporting purposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. 3) Eamings for services under non -equity incentive plans. This does not include group life, health, hospitalization or medical reimbursement plans that do not discriminate in favor of executives, and are available generally to all salaried employees. 4) Change in pension value. This is the change in present value of defined benefit and actuarial pension plans 5) Above -market earnings on deferred compensation which is not tax -qualified. 6) Other compensation, if the aggregate value of all such other compensation (e.g. severance, termination payments, value of life insurance paid on behalf of the employee, perquisites or property) for the executive exceeds $10,000. 1 of 2 Page 36 of 91 c� c m a) Q ATTESTATION By signing, you attest that the information and certification provided above is true and correct. Knowingly providing false or misleading information may result in criminal or civil penalties as per Title 18, Section 1001 of the US Criminal Code. Chief Agency Official Witness Name and Title Name and Title Date Date Page 37 of 91 I MOAB CITY COUNCIL MEETING June 24, 2014 Agenda Item #:7-6 & 7-7 Title: Approval of a Class II Beer License and Local Consent for a Full Service Restaurant Liquor License for Devran Cengiz, d.b.a. Devran's Mediterranean Located at 60 North 100 West Street Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Treasurer Applicant: Devran Cengiz Background/Summary: The applicant is applying for a new license for a new restaurant. The location has been licensed previously both through the City and the State of Utah DABC for a previous business. City Staff are not aware of any issues. Options: approve, deny or table. Staff Recommendation: Approval of the license and granting of local consent. Recommended Motion: "I move to approve (insert name of agenda item)." Attachment(s): Local Consent Form Class II Application Page 38 of 91 Agenda DATE PAID: AMOUNT PAID: RECEIPT No.: -ll-fc/ r 1,2107.D CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB 0 CLASS I FEE: 'Ed CLASS II FEE: 0 PRIVATE CLUB 0 CLASS III FEE: 0 CLASS IV FEE: LICENSE #: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: PEv12 t Gva..4 HOME ADDRESS: i Lgi Gan}�.r SA HOME PHONE: CITY: M OA ti7 STATE: UT ZIP: 645 SOCIAL SECURITY NUMBER: _ DATE OF BIRTH: DRIVER LICENSE NUMBER & STAI BUSINESS INFORMATION Mika DIY k met)%IVA L�#�SN SAir i� BUSINESS NAME: � BUSINESS ADDRESS: 41:0 le76 \NJ iner.%)0 %.>1.- 1145 . BUSINESS PHONE: a! BUSINESS MAILING ADDRESS: G© N € b CITY: Cf1e, A 4 STATE: V T ZIP: 614.S 312, SALES TAX I D 1 WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) • 1. LASS CLASS II ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS IV Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO OYES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: ���1,��� RoCLcs.A- 1SL �©corioq akuammm � �A-d.1� iPA R *Beer application is for 3.2% by weight only. Also requires a State license. Page 39 of 91 0! as 5 C CD Q 3. Have you ever been convicted of any offense other than a minor traffic violation? 03 No ❑ YES (If yes, list offenses along with an explanation. Include locations and dates.) ..• i.: ! 4-. Thb Applicant MUST provide to The City of Moab a copy of the. Primipaf ;History'Reporttfrom the State of Utah if required for Class 1, II, Private Club and Class IV. • Class III Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED ❑ DISAPPROVED In REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: _ ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Page 40 of 91 C d Q JUN/09/2014/MON 05:14 PM FAX No, 06/09/2014 16:27 14352597369 SEUDHD P. 002 PAGE 03 3, Have you ever been convicte d of any offense other than a minor traffic violation? �C! NO © YES (If yes, list offs!rises along with an explanation. Include locations and dates.) 4-. ThAippplicant MUST wovide of IA ff rlegUlred fO' Glass Classy l!lApplicants MUST a possible to be fingerprinted e tci a Cltjr of Moab a copy of the .rimiciai#9istory'ltepOri►from the State ;'11, Private Club and Class1V. ' • •`, • )ntelct the Moab City Police Department License Investigator as soon as nd photographed. A background check is also required. �I THE FOLLOWING INSPECTION I5 REQL RED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (436) 25a-5802 575 Kane Creek Blvd DATE OF INSPECTION APPROI2E DISAPPROVED ❑ REASON, MOAB CITY COUNCIL AGENDA DATE: D APPROVED • _. _.... in DISAPPROVED REASON(5): SPECIAL CONDITIONS: �I Page 41 of 91 cc C Q RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. Applicant's Signature STATE OF UTAH ) : ss COUNTY OF GRAND ) O e U ro r k ee n i' z , being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this % day of ao.q. rY)arc11 JENNIE ROSS , ►¢�,� �� Notary Public State of Utah ' Notary Public ? Comm. No. 661521 My Comm. EmINrs Doc 11, 2016 Page 42 of 91 FULL -SERVICE RESTAURANT LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 rYld ut , x City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a full -service restaurant liquor license to: Dtyr Ih iS Business Name (DBA): PragatIM (--Nj � 1 1 RQ A NI, A h1 Applicant Entity/Business Owner: D \__J R k iQ c__G.N1 L 2 Location Address: 1V %(:)Q w ,o aoi- SZt_sr'S'2 Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC Local Consent 1/2012 Page 43 of 91 r MOAB CITY COUNCIL MEETING June 24, 2024 Agenda Item #: 7-8 Title: Approval of a Private Property Food Vendor License for Michael, Barbara and Dallas Kane, d.b.a. Rock On Climbing Walls L.L.C., to Conduct a Sno Cone Business Located at 83 South Main Street from June 25 to November 25, 2014 Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Treasurer/Planning Applicant: Michael, Barbara and Dallas Kane Background/Summary: This application is for a new vendor license. The applicant is proposing a vending structure at a permanent business location (83 South Main Street) that has hosted numerous vendors in the past. There are two other vendors currently approved for this location. Staff has reviewed the proposed application and proposed structure and finds that it meets the requirements of our vendor ordinance. 1 Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Vendor License for Michael, Barbara and Dallas Kane at 83 South Main Street. Recommended Motion: I move to approve (insert agenda item title). Attachment(s): Vendor Application Page 44 of 91 DA IF PAID Amouiv Pmr): (24 z:l II r N( i CITY OF MOAB VENDOR (RLOUIRLS CITY COUNCIL APPROVAL YE. MOO BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB. UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 Pt EASE MAKE CHECKS PAYABLE 70: CITY OF MOAB •;h\ti lq II AI. AI. Icl tiuI IrHull) LI(•:Ensc N I �.1• A 1 if• f}.,rp �� 1 t' ar Li- goi • 7 i kAi9gan•OCAN Inj_ �,i V aw.In(iWS� NIidyl%Q o N pN D�t2..c)sA Lu,.,llu ?ITS) wTti:re husnr(>s� tvui ht; ronllocu:(1 Anal h atpeement of aterlolllallun hole properly oVvl • 1, • : !II( 110111(1 elnplo ee use ul kr!sl(oom Farlhlles wnrith fu (IM duc!!uI SpeCIIIC cia!(;:, bus.lne s wdl ht? (.unlior 1r IPPor?us•c(11ip111S(110001,11'01f • Q%Y• (Cs i aus l•,rr. ool ill1;1741V C1II ❑ lehicie ❑ Dt<play Apt.alallos rr orloi :•Fl;e (See ornndlnns) ❑ :;Ireel Vrndo! ❑ maIk!rendol 6 ,,r,v•rlc Tr,prl•.y Vendor ❑ I.Vold°, ❑ Ft.roci Vnrlrfol .00d:, ;vales services of metc riat (1. If bra ,ulrt or.dleurcl tar 11, S NC) Cf9w 4,5 S Artei..* UT �1 BLtoSS . - t rnr..'. +':; tv:. 11 r 1C.�'1 , AttgiQ1114) —6 Al (4S'43q..0444. � o ..;1 . �,,;:I;I iW . 394 Aft IS1"�` vs. W t�1,� W • - it u -r z �ve8 c1A r uI I l . I CCC777 f )''i• 14i.1t.,•, OI ..ar>I::; At dlso ;; !,.. .4! •h':IHI C.fr3.. -mco afIS ju PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS (LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDf:D TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 INI:EKS. SEE BACK Of t OItM hC)Ii al)I)I 1-IONAL t.' ()Witt sil NT` I. Page 45 of 91 THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE). ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS C' MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. I/WE DU.I Ia 5 Ka,r1 C PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah County of Grand Ignature of Applicant ) ) § HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY SUBCRIBED AND SWORN to before me this .3 day of NOTARY PUBLIC DEFINITIONS: S.-n JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Doc 11. 2016 ➢ Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. ➢ Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. ➢ Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. ➢ Vendor: Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14 o Street Vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, ➢ . Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. ➢ Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. ➢ Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. ➢ Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, or transports goods, wares or merchandise and offers them for sale. 11i27.2013 TABUSINESS LICENSES'BUS LIC FORMSIBus Lic - Vendor revison.docx Page 46 of 91 co C cb Q VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART (IF APPLICABLE) INCLUDING: ❑ DIMENSIONS OF THE STRUCTURE ❑ PHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO SCALE OF NOT LESS THAN 1/8"EQUALS 0111E FOOT SHOWNG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ❑ ALL STRUCTURES AND DIMENSIONS ❑ ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY ❑ SIGN PLAN ❑ CERTIFICATION OF INSURANCE OF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) ❑ BACKGROUND CHECK (IF PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM ❑ HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. ❑ ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ❑ FIRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 11/27/2013 T: IBUSINESSLICENSESIBUSLIC FORMSIBus Lic - vendor revison.docx Page 47 of 91 (.I 11' (it MOAT t 21 71 n ) C IrNIA 11:`51t,1•1 1 d1+.)AI s.1..f1AI1f .'Ir.1:32,7,311 t1.1.11,1 ,() `, 1 i' 1 1 P,:: i.1.3!,l ?I.)U /1 1 :3`..) Property Owner Authoriration Letter. 1 of \Isiah htrt'cl , Ot I ee 1 ( cluct �l 11r,1h, I I I 1, •11C1 I , ll, L'l'1 11 i \ I11,11 1. :1111 t111' 01.111t'1- ill IhC Ilrupell I11Ci11L•li :It I IlIlkik.T•gl;111(1 thal 11 IS :t;1111led 11)1 :I lick:Ilse 1111' A1tc Sf 3 sv��,vL, :1:�i i�.ln.•I id•• 111 1 141 ,111. .. -Ipi!t ii .1.111 It 1111 ('n\ of \It,,t1) :sit l 111af 111>_1u Inn it ss \ III h\• l+t(..',Atl 1re+ltl ;ICF '11\ ",I1 L' lll\ 11C1-1111‘'.1011 le) :11101\ 1Ills .u'lit 11\ 11e1111 ill\ 111'01)111\ re",irelum 1 Iltllllt' fctl l'I1i111t,\ L'l' • 111 tlll' al'hl\ e' liNtc(I I)It�It1C�S. (0, ", 1ie31s' i111111'li `: s. 3� e—s~f .s 22 ) • ?mGe, 111.' .0)0\ C (1(..';l•1-11H2C1 uleill„ 1 II1ti jutht,„/.l.' use' t1f 111\ zO/Ay G-7 v1 �D , d c›,- egZ- 717ot,�� i 111.111 d'{r rf\i• 11\1 :I'd or) use tip, efin vp1•ropet,)• •Ir, i (A/ I/1, Q s cl O 1 12 () / d Qk -6 7 a� YYl o A-T3 Cv w 6 o C-o-4‘ .goen.lo Page 48 of 91 rtfFt �r+i'Silttl To be filled out by the applicant: 4AL 61Akt..., i�tttit►tt'ti,ti N,tntc':-� \Jd-s C Address: thf . as---1-5 fi""- W rN, ��.o��,•� U I 8e-too I;n1aII: i"111kcb.. ZIczwpoNamt4ISQ :Csaw\ vendor Type cod, L4t.i(,Iri", n•i.(11n tot ticlnut •ur.): St Veil V('n(lor ❑tii(Il tvnll: Ven(lor PI !vat( Pt ()petty Vendor ❑I.ot 11 Vendor Fr)o(I Vendor f vpo (•.t•,' Mod!) hlunii 11i01 I;oib ( 11.1(11oi `,.n I.I) In 1.11 (Irlunlnm )- (.1t I Cl Volti( le ci T Y op ciA:7) tiit)AB t. Ili' O1 ivioao 17 l:ast Center Street Moab, Utah 84512 Business License Zoning Compliance Application Name of-Applic,m1: phone: esn►-sS1-990 prr)t)eav Ovvll( r: �0 ODi;111.1y 1\111)01.0o; �. ' 1,1,111od (1("_( rit111nn 01 1lsine.`;s activities: lm ui-11 2-t_ L.41)v ►25 4' rut .11 Int11111r't• 11 (]iI-•;1[ et $1..II clIIP 1),1( rti a ii}l►1'': i11 t)(11'F.1(101.: r't) his titii'ii out tiv �1aM — 1op,.,. tll , 1 1.1,'1' (.(r(I(' ti1 {.I I(1►1: i 111; :t1.Is ;": r(•ciuirt'(I ilte' I1(•1-111.1n(711( ! ('111111 '11 HI Page 49 of 91 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: INSPECTIONS REQUIRED FOR AN EXISTING MOVED -ON STRUCTURE PERMIT WITH MUTIPLE DATES THAT ARE NOT CONSECUTIVE. EFFECTIVEDATES): INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): OTHER, PLEASE EXPLAIN: V e-r1-.9-air L. i C�.•�s-� BUSINESS NAME: B.!SINESS ADDRESS: 1 OWNER S NAME. TYPE OF BUSINESS (EXPLAIN IN DETAIL LL - BUSINESS PHONE OWNER'SPHDNErfOj. C11.5 7f? THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON. SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED In DISAPPROVED ❑ REASON: SIGNATURE HEALTH INSPECTOR (435)259-5602 S7s Kam,. Crc 6/v INSPECTION REQUIRED: ❑ YES In NO (SIGNATURL REQUIRED) IF YES, DATE OF INSPECTION_ 573/ I ` APPROVED`p DISAPPROVFD ❑ rrr REASON: MIMMOSINISINISMIM Page 50 of 91 I 02/12:04 (Please Print) I also declare that information contained on this application is true and complete. Permit approved by: Owner ' cipal S' ceased Enviro,, tal Health Scientist Original Copy. For Office File Page 51 of 91 - 28 S. 100 E. P.O. Box 800 trF r `HEALTH SOUTHEASTERN DEPARTMENT UTAH DISTRICT Price, Utah 84501 (435) 637.3671 Fax www.s3euhealth o3m APPLICATIONANTICIPATED PERMIT �_'H T NEW ESTABLISHMENT ■ OWNERSHIP CHANGE ■ INFORMATION CHANGE ■ CHANGE IN # OF STATIONS DATE OF CHANGE/OPENING: DEy PT OF COMMERCE BUSINESS ENTITY #: s ■ i r DBA !� _ ItL • L , f a5 lit `' IVJ L ` BILLING ADDRESS 2 94 w.t---- ADDRESS I I4 IN • if�S CARE OF CITY W • � `/ r ZIP 0/082 CITY �. j�7 a-2110V% STATE 1)-}-� ZIP /[ -7�i� X BUSINESS PHONE Contact Information CELL PHONE 20 J .,`�g `�O1 �l �.CS6 , g 722 NAME° � �i2J41 k'i v FAX TITLE , Nr ,- EMAIL D1zs-z cucRe5).„1:1i Ci' Legal Owner Informadon BUSINESS PHONE LEGAL ENTITY l C26,4 W AO / r CELL PHONE g a lk �"� r+t r .. -7 rh s � PHYSICAL ADDRESS 1 3yq, W • 1 1 �-�•�• W Swimming Pools Managed by Homeowner's Association Only CITY W -13Yt1OtON" STATE v ZIP *� 4i'� �7 HOA PRESIDENT BUSINESS PHONE HOA ADDRESS CELL PHONE an, i .,,L-S g . 9901 �wi 'ctg (.,/$-7 $ % CITY STATE ZIP Type: Corp. 11i`I Individual HOA PHONE Services Provided (Check all that apply): ■ COSMETOLOGY* ■ INFECTIOUS WASTE HAULER ■ SWIMMING POOLS/ SPAS* ■ TANNING* ■ LIQUID WASTE HAULER ■ yooD SERVICE* ■ MASSAGE* IILANDFILL ff910BILE FOOD SERVICE** ■ BODY ART (TATTOO, PIERCING)* IITIRE RECYCLER ffSEASONAL FOOD SERVICE 180 DAY ** ■ PUBLIC LODGING (HOTEL/MOTEL)* ■ TIRE HAULER ■ TEMPRORARY FOOD SERVICE 3 DAY ** ■ SOLID WASTE HAULER ■ USED OIL (DEQ/LHD CONTRACT) requires a plan review for operations with new or remodeled facilities. Upon acceptance of a Hermit, the permit holder shall: "* special regulations apply 1. Comply with all provisions of the Southeastern Utah District Health Department. 2. Immediately contact the Southeastern Utah District Health Department to report any changes in the establishment or owner information listed on this application. 3. Immediately notify the Southeastern Utah District Health Department as soon as the business intends to change ownership or close. 4. Pay all applicable fees established by the Southeastern Utah District Health Department in the required time frame he% I am aware that this application does not authorize conducting a business until final approval is given by this agency and all applicable State and municipal agencies Including Business Licensing. A person shall not operate a regulated facility, business, or establishment without a valid permit issued by the Southeastern Utah District Health Department. Application fees are non-refundable and pemuts are not transferable to another individual, business, or location. To open and/or operate a business without final approval is a Class B misdemeanor and punishable by law. Violations of the above conditions of permit may result in follow-up inspection fees, permit suspension or permit revocation. Failure to notify the Southeastern Utah District Health Department regarding changes in the above information will result in penalties. Payment of these penalties in the required time frame is the reppo ' 'ty of the f usiness owner/ ent. j� /y� I, pl I A'S '�✓ r ` C r , Title Q hl G 2, , have read and agree to the above conditions of permit. Date Date Copy: For Applicant's Records as C Q (- 0 \—S71 7(1-40D °Nis , /c-A.)(-----).: • - 1.—)3j .z , -4 swize. r of p epueBy epue6y Page 52 of 91 ACORO' CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 4/16/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER AMWINS INSURANCE BROKERAGE OF CALIFORNIA 19867 PRAIRIE ST STE 250 CHATSWORTH, CA 91311-6533 (818) 772-3839 CONTACT NAME: aco,NNo, Ext): (818) n2-3839 FAX No): (818) 773-6000 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC C INSURER : United States Fire Insurance 21113 INSURED SPORTS AND RECREATION PROVIDERS ASSOCIATION (PURCHASING GROUP) AND ITS PARTICIPATING MEMBERS: Rock on Climbing Walls, LLC 1394 West Misty Fen Way West Jordan, UT 84088 INSURER : INSURER C : INSURER D: INSURER E : INSURERF: COVERAGES CERTIFICATE NUMBER: USP149107 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY POLICY EFF (MM/DD/YYYY) POLICY ESP (MMIDD/YYYY) LIMITS /4 GENERAL X UABILITY COMMERCIAL GENERAL LIABILITY X SRPGP-101-0414 04/03/2014 12:01 AM 04/03/2015 12:01 AM GENERAL AGGREGATE $2,000,000.00 PRODUCTS - COMP/OP AGG $2,000,000.00 CLAIMS -MADE X OCCUR PERSONAL Si ADV INJURY $1,000,000.00 EACH OCCURRENCE $1,000,000.00 FIRE DAMAGE (Any one fire) $300,000.00 GEML AGGREGATE LIMIT APPLIES PER: (1 POUCY n PET n LOC MED EXP (Arty One person) $ AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED _ _ SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA UAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETEN ON S EACH OCCURRENCE $ GENERAL AGGREGATE $ EACH OCCURRENCE $ GENERAL AGGREGATE $ GL Premium $954.00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Rod( Climbing Wall CERTIFICATE HOLDER CANCELLATION Rock on Climbing Walls, LLC 1394 West Misty Fen Way West Jordan, UT 84088 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POUCY PROVISIONS. AUTHORIZED REPRESENTATIVE Francis L. Dean ACORD 25 (2010/05) 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 53 of 91 I4 s= 0) Q v AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 24, 2014 Agenda Item #: 7-9 Title: Approval of Task Order No. 14-01 for Evaluation of Wastewater Treatment Plant Performance and Amending the Facility Master Plan by Bowen Collins & Associates, Inc. Fiscal Impact: $46,958 (Impact Fee Eligible) Staff Presenter(s): Rebecca Andrus, City Engineer Department: Engineering Applicant: Bowen Collins & Associates, Inc. Background/Summary: This Task Order is under the professional services agreement and includes evaluating operating data for the wastewater plant performance and updating the Facility Master Plan. Bowen Collins has been working with the City for the past couple of months to get the dewatering press in place and has been in attendance at the walkthrough with the State Department of Water Quality (DWQ) in March and again for the EPA walkthrough in May. One issue that was noted during the DWQ walkthrough is that the current method for sampling of the influent does not measure the effect of the septage (highly concentrated sewage from septic tanks, RV dumps and vault toilets). The contents of the septage dumping station are added to the inflow after the samples are taken. Knowing how the septage affects the inflow of the plant is crucial for facility planning and has to be determined prior to completing the Facility Master Plan. The existing plan did not address the following issues: - Nutrient Standard Limits - Flood protection for the plant - Plant components that have failed recently Once completed, the amended Facility Master Plan will identify a reliable, cost- effective wastewater treatment plan that will serve the City well into the future. This document will then be used to go to the state for funding of the treatment plant upgrades. The total design cost for these services is $46,958. This is impact fee eligible. Page 56 of 91 Agenda Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Task Order Recommended Motion: I move to approve Task Order No. 14-01 for Evaluation of Wastewater Treatment Plant Performance and Amending the Facility Master Plan by Bowen Collins & Associates, Inc. Attachment(s): Task Order No. 14-01 with Bowen Collins & Associates Inc. Page 57 of 91 Agenda Bowen Collins L."& Associates, Inc. CONSULTING ENGINEERS TASK ORDER NO. 14-01 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: City of Moab Utah Effective Date of Master Agreement: April 22, 2014 THIS TASK ORDER NO. 14-01 TO THE MASTER AGREEMENT FOR PROFESSIONAL SERVICES (this "TASK ORDER") is made and entered into as of the day of June 2014, by and between City of Moab, Utah (herein called OWNER) and Bowen, Collins and Associates, Inc., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The STUDY PROJECT associated with this TASK ORDER is described as follows: Evaluate WWTP Performance Data and Facility Master Plan Amendment. The PROJECT SITE is the City of Moab, Utah. 2. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER is attached hereto as Exhibit A. 3. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $47,000.00. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the ENGINEERING SERVICES AGREEMENT. 4. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within 120 calendar days following written authorization from the OWNER to proceed. 5. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made a part of the MASTER AGREEMENT FOR PROFESSIONAL SERVICES. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. CITY OF MOAB, UTAH (OWNER) BOWEN, COLLINS & ASSOCIATES (ENGINEER) By: By: Printed Name: Printed Name: Its: Its: Page 58 of 91 Bowen Collins L."& Associates, Inc. CONSULTING ENGINEERS EXHIBIT A — TASK ORDER 14-01 EVALUATE WWTP PERFORMANCE DATA AND FACILITY MASTER PLAN AMENDMENT TASK I — EVALUATE OPERATING DATA AND WASTEWATER PLANT PERFORMANCE Background The City of Moab has requested Bowen Collins & Associates (BC&A) assistance in the performance evaluation of its municipal wastewater treatment plant (WWTP) relative to recent effluent discharge permit violations. The intent of this evaluation is to review existing plant data to summarize plant process performance and to identify any short-term measures or longer -term operational changes that may be implemented to improve the existing treatment process. Throughout the years, the Moab WWTP staff has maintained detailed historical operational data. This task will include an analysis of the WWTP's historical operational data to verify that it adequately represents the existing conditions and to determine the effectiveness of each treatment process. The data will be used to evaluate treatment processes and to determine their effectiveness in removing biochemical oxygen demand (BOD) and total suspended solids (TSS) from the wastewater. We proposed that the following services be provided: Task 1-1— Site Visits BC&A staff will make one site visit to the Moab WWTP to meet with City representatives and staff, regulatory agency officials (EPA, UDEQ, etc.), to coordinate the work, observe plant conditions and operations, establish additional sampling locations and methodology. Task 1-2 — Evaluate Operating Data and Wastewater Treatment Plant Performance BC&A will review, evaluate and analyze existing operating data as provided by the City. The data will be analyzed for consistency, reliability and accuracy to help assure that it adequately represents the actual treatment performance of the plant as related to certain wastewater characteristics, constituents and parameters. The historical performance data will also be evaluated to determine the operating performance of each treatment phase (primary clarifiers, trickling filters, secondary clarifiers). The performance of each treatment phase will then be compared to typical operating efficiencies. Additionally, this task will include the evaluation of the potential impact of septage on the treatment process. The Moab WWTP receives septage from various sources throughout the area. This septage is stored in a vault prior to being pumped to the headworks. BC&A will review the septage volumes and associated wasteload to verify that the impact of this high strength waste is being accurately documented. 1 Page 59 of 91 It is intended that this task will determine if the historical data sufficiently reflects plant performance for purposes of developing an approach to address current effluent quality concerns and to guide future efforts for upgrades and expansions at the facility. It should be noted that additional data may be needed or desired to confirm or correct the existing information. In that case, BC&A will recommend a sampling and testing program to develop further data for this purpose. The City will be responsible for all labor, equipment, supplies, materials, fees, shipping and laboratory costs related to the additional sampling and testing. Task 1-3 — Prepare Technical Memorandum (Deliverable) BC&A will prepare and submit both a draft and final technical memorandum summarizing the evaluations, results and recommendations stemming from this task. The memorandum will contain appropriate tables, graphs, figures, text and appendices as needed to contain and convey the desired information. Review comments from the City and others on the draft memorandum will be considered and incorporated as appropriate. Memoranda and other documents will be provided in suitable electronic format unless specifically requested otherwise. TASK II — WASTEWATER FACILITIES MASTER PLAN AMENDMENT Background Bowen Collins & Associates (BC&A) has been requested by the City of Moab (City) to review and amend the City's draft Wastewater Facilities Master Plan (Plan) dated June 2013. The draft Wastewater Facilities Master Plan was prepared by another engineering consultant based upon the assumption that strict nutrient limits would not be implemented by the Utah Department of Environmental Quality (UDEQ) in the near future. However, recent discussions with UDEQ personnel have led to the understanding that nutrient limits will be implemented and enforced within the next 5 years. It estimated that the UDEQ will adopt new regulations limiting Total Phosphorus to 1 mg/L and Total Inorganic Nitrogen to 10 mg/L in treated effluent. BC&A's review of the draft Plan will include the evaluation of the recommended improvements in regard to the impending nutrient limits. Additionally, the draft Plan did not fully address some key issues such as flood protection of the existing facility or the evaluation of constructing a new facility at a different site. Both of these issues are critical in identifying the best alternative for meeting the City's current and long-term wastewater treatment needs. BC&A's review will evaluate the proposed improvements and will also address these additional key issues. Ultimately, the purpose of this task is to assist the City in identifying a reliable, cost-effective wastewater treatment plan. We propose the following scope of work. Task 2-1— Site Visits BC&A will perform up to three one -day site visits to Moab and the wastewater treatment plant (WWTP) to meet with City representatives and staff, to coordinate the work, to review and observe site -specific issues, to review progress and deliverable documents. Presentations to the 2 Page 60 of 91 City Council and attendance of public hearings may also be accomplished during the scheduled visits. Task 2-2 — Review Draft Wastewater Facilities Master Plan BC&A will review the draft Plan to verify the information, analyses and recommendations contained therein based upon the pending nutrient limits. BC&A will evaluate the recommended improvements and will identify additional treatment processes necessary for meeting the nutrient limits. BC&A will also evaluate and verify the wasteload calculations that are included in the draft Plan. Reliable wasteload calculations are critical in the evaluation of potential treatment alternatives. It is anticipated that the planning information presented in the draft Plan including population growth, precipitation, flow projections, geographic, geological, geomorphological and climatological data, political boundaries and other similar basic criteria are acceptable. Task 2-3 — Evaluate Additional Treatment Alternatives BC&A will identify additional wastewater treatment technologies and processes, to provide reliable and cost-effective long-term wastewater treatment for the City of Moab. BC&A will evaluate the feasibility of constructing these improvements on the existing treatment plant site as well as the feasibility of constructing the improvements at a new site. The evaluation will consider issues such capital costs, operation costs, operation simplicity, maintenance requirements, long-term installation experience, electrical power and other operating costs, flood protection, adaptability to available space constraints (plant footprint requirements), potential odor and/or noise generation. BC&A will develop a conceptual site plan and preliminary cost estimate for the recommended alternative. Task 2-4 — Prepare an Amendment to the Draft Plan (Deliverable) BC&A will prepare and submit both a draft and final copies of an Amendment to the Wastewater Facilities Master Plan. The draft and final copies of the Amendment will be delivered both electronically and with 10 bound hard copies. Review comments from the City, UDEQ, and others on the Amendment will be considered and incorporated into the Amended Plan as appropriate. A review session with City staff will be conducted to receive such comments and other input as needed. 3 Page 61 of 91 City of Moab, Utah Task Order 14-01 WWTP Plant Evaluation and Facility Master Plan Amendment Engineering Man -Hour and Fee Estimate Prepared by Bowen, Collins and Associates - June 2014 Personnel (Billing Rates for Calendar Year 2014) Subtotal Hours Subtotal Labor Expenses Total Cost Labor Category Chief Engr. Proj. Mngr. Proj. Engr. Drafting Clerical Staff B. Mayers J. Beckman Engr. 4 Tech. 3 Staff Labor Rate $135 $124 $104 $90 $60 Task No. Task Description 1.0 Task 1 - Evaluate Plant Data and Historical Performance 1.1 Site Visits 8 8 16 $ 2,072 $ 462 $ 2,534 1.2 Evaluate Data and Performance 16 12 8 36 $ 4,480 $ 252 $ 4,732 1.3 Prepare Technical Memorandum 16 8 8 4 4 40 $ 4,584 $ 280 $ 4,864 2.0 Task 2 - Wastewater Facilities Master Plan Update 2.1 Site Visits 16 24 40 $ 5,136 $ 1,280 $ 6,416 2.2 Review Existing Facilities Master Plan 16 8 4 28 $ 3,568 $ 196 $ 3,764 2.3 Evaluate Additional Treatment Alternatives 40 20 40 30 10 140 $ 15,340 $ 980 $ 16,320 2.4 Prepare Amendment 20 8 40 68 $ 7,852 $ 476 $ 8,328 $ - Subtotal 132 88 100 34 14 368 $ 43,032 $ 3,926 $ 46,958 Expenses include: Mileage reimbursement at $0.75/mile Computer/Communications Charge at $7.00/1abor hour 10% Markup on other project related expenses Page 62 of 91 AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 24, 2014 / Agenda Item #: ]-10 Title: Approval of Task Order No. 14-02 for Assistance in the Evaluation of Dewatering Press Proposals by Bowen Collins & Associates, Inc. Fiscal Impact: $9,500 (Impact Fee Eligible) Staff Presenter(s): Rebecca Andrus, City Engineer Department: Engineering Applicant: Bowen Collins & Associates, Inc. Background/Summary: As part of continuing efforts to ensure that the WWTP stays in compliance with our discharge permit (UPDES), staff has been working toward a permanent solution for sludge dewatering. Currently there is a rented dewatering press at the WWTP that has been very effective. Because of this press, plant operators have been able to keep up with the dewatering needs and were in compliance by the time that the EPA came in May to inspect the plant. Though it was a very convenient and effective measure, renting the press over the long-term is not a cost efficient solution. The City advertised for bids and received five (5) bids on June 13, 2014, for purchase of dewatering equipment. Since the specification included in the bid was performance based, the bidders proposed various types of equipment that met the performance requirements. Comparing these bids and determining the best long-term solution for the City is a time-consuming and technical process that will look at the capital costs, power demand, water usage, performance/capacity, nature, quality and condition of the equipment. This Task Order is under the professional services agreement and includes evaluating the five dewatering press proposals that the City received. Due to their expertise in the area of wastewater treatment and previous assistance to get the dewatering press in place, Bowen Collins has been selected to do this work. The total cost for these services is $9,500. This is impact fee eligible and within the approved budget for the purchase of the dewatering equipment. Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Task Order 1 Page 63 of 91 Agenda Recommended Motion: I move to approve Task Order No. 14-02 for Assistance in the Evaluation of Dewatering Press Proposals by Bowen Collins & Associates, Inc. Attachment(s): Task Order No. 14-02 with Bowen Collins & Associates Inc. Page 64 of 91 Agenda Bowen Collins L."& Associates, Inc. CONSULTING ENGINEERS EXHIBIT A — TASK ORDER 14-02 ASSISTANCE IN THE EVALUATION OF WASTEWATER DEWATERING PRESS PROPOSALS The City of Moab (City) requested and received proposals for supply and installation of dewatering equipment at the City wastewater treatment plant. The City issued a Request for Proposals (RFP) dated May 28, 2014, that identified the scope of supply and the technical and general requirements of the project. The RFP allowed/encouraged suppliers to propose alternative dewatering systems provided that they comply with the fundamental intent and required capacity and performance. Five proposals were submitted, and the City has requested assistance from Bowen Collins & Associates to review each proposal and recommend the system and equipment believed to be well suited for the application and in the best short and long term interests of the City. Scope of Service BC&A will review each of the five proposals to determine their compliance with the intent of the project. BC&A will tabulate the unit characteristics of each proposal for comparison including capital costs, power demand, water usage, performance/capacity, nature, quality and condition of the equipment and general conformance with RFP technical and other requirements. Advantages and disadvantages of each system also will be determined if apparent from the data provided and/or other information that may be available or discovered. BC&A will assist the City in identifying the preferred equipment supplier for the dewatering press for recommendation to City Council. 1 Page 65 of 91 Agenda r / AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 241 2o14 Agenda Item #: 7-11 / Title: Approval of Task Order No. 375.01.100 for Preliminary Design of a Water Storage Tank by Hansen, Allen, & Luce Inc. Fiscal Impact: $71,500 (Impact Fee Eligible) Staff Presenter(s): Rebecca Andrus, City Engineer Department: Engineering Applicant: Hansen, Allen, & Luce Inc. Background/Summary: The ongoing Impact Fee Study identified a current water storage deficiency of nearly one million gallons. Water storage needs will continue to increase in the future as more demand is placed on the system. Under the general engineering services contracts, the City can select one of the consultants to perform tasks as required by the City. Based on experience and qualifications, Hansen, Allen, & Luce has been selected to prepare the preliminary design for a water tank. As part of this design, the consultants will upgrade the current hydraulic model for the City and use it to determine the best location for the new tank. The consultant will also look at the optimal size of tank to construct at this time. The total design cost for these services is $71,500. This is within the approved budget. Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Task Order 1 Recommended Motion: I move to approve Task Order No. 375.01.100 for Preliminary Design of a Water Storage Tank by Hansen, Allen, & Luce Inc. Attachment(s): Task Order No. 375.01.100 with Hansen, Allen, & Luce, Inc. Page 66 of 91 Agenda Attachment A TASK ORDER NO. 375.01.100 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB Effective Date of Agreement: THIS TASK ORDER NO. 375.01.100 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of , 20 , by and between OWNER and HANSEN, ALLEN & LUCE, INC., a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: Hydraulic Modeling, Tank Siting Study & Preliminary Tank Design 2. PROJECT SITE. The PROJECT SITE is located as follows: Moab City 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $ 71,500. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within 145 calendar days following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. OWNER: ENGINEER: By: By: Printed Name: Printed Name: Its: Its: Page 67 of 91 Agenda EXHIBIT A HYDRAULIC MODELING AND TANK SITING STUDY BACKGROUND AND SCOPE OF WORK BACKGROUND The City requires assistance in preparing a calibrated extended period hydraulic model for the drinking water system, performing hydraulic modeling to assist the City in selecting site alternatives for a new drinking water storage tank, and preparing conceptual site plans and preliminary design and a preliminary engineer's estimate for the new storage tank at the selected site. The following scope of work was prepared to define the engineering assistance. SCOPE OF WORK The suggested scope of work is outlined by Task and Subtask below. Tasks: 1. Hydraulic Modeling a. Coordination with City personnel. b. Obtain data from the City including the hydraulic water model, GIS data, production data, and meter use data. c. Prepare the City's hydraulic water model to match existing operating conditions. d. Prepare a storage needs assessment. e. Use the model to identify parameters for selecting location alternatives for the new tank based on hydraulic performance, energy efficiency and water quality. 2. Site Selection Analysis a. Meet with City personnel to discuss feasible alternative sites for the new tank. b. Conduct a site visit to investigate existing conditions. c. Review Moab City planning guidelines. Assess the alternative sites for property issues, transmission line alignment, slope disturbance, setbacks, drainage, and access. d. Prepare an alternatives matrix summarizing the data for each site including relative feasibility costs. e. Assist the City in selecting the preferred site. 3. Conceptual Site Plan a. Prepare conceptual reservoir layout options to meet the City's storage needs. This evaluation will include considerations for appropriate spacing, construction slopes, final grading slopes, pipeline alignments and connections to existing pipelines, access, drainage issues, and geologic/geotechnical issues. b. Prepare conceptual site plan for the selected layout option. c. Prepare a preliminary engineering cost estimate for the final recommended reservoir siting option including new pipelines. Exhibit A Page 1 Page 68 of 91 Agenda EXHIBIT A d. Prepare design basis memorandum documenting the findings and recommendations. 4. Preliminary Design a. Hold a project kick-off meeting with City personnel to review project scope and objectives. b. Perform a boundary survey of the site and file the record of survey, and perform a topographic survey of the site and transmission pipe alignment, identifying existing facilities and utilities. c. Coordinate with utility companies to obtain existing utility mapping. d. Perform a site walk-through verifying location of existing utilities and proposed tank location. e. Perform geotechnical site investigation of the proposed tank site and prepare the geotechnical report summarizing findings and construction recommendations. f. Prepare a base map for the tank site and transmission pipeline including utility and survey information. g. Prepare preliminary design drawings for the new tank and transmission pipeline and associated piping, valves, controls, etc. h. Prepare a Storm Water Pollution Prevention Plan (SWPPP) and submit to the City for approval. i. Prepare a draft design memorandum for the proposed tank and transmission pipeline. j. Meet with City personnel to review preliminary design. ESTIMATED FEE HAL proposes a "not to exceed" engineering budget of $72,500 for the hydraulic modeling assistance, tank site selection analysis, preparing a conceptual site plan and preliminary tank design as outlined in this task order. See the attached spreadsheet for a detailed cost calculation and assumptions. Assumptions upon which the above estimated fee is based are as follows: 1. HAL will hire a sub -consultant to perform the geotechnical investigation at an estimated cost of $10,000. 2. The length of the transmission pipeline is assumed to be 2,000-feet, requiring 4 plan and profile sheets. Exhibit A Page 2 Page 69 of 91 Agenda HAL PROPOSAL SPREADSHEE7 BASE COST/HR $167.00 $129.00 $121.00 $110.00 $87.00 $75.50 $149.00 CLIENT: MOAB CITY PROJECT: TANK SITING STUDY - TASK ORDER 1 $6.00 $0.65 $1.00 HnnsEn A aEn & EucE nc ENGINEERS Task Activity Task Activity Total HAL Communication; Miles Direct Expense Cost with Outside Sr Mg Pro Sr Prof II Sr Prof I Prof III Prof I CAD Surveying Total Labor /Office Expense Travel Expense Cost Contingency Expense ASSUMPTIONS Hours Cost & Rate Inc. 1 Hydraulic Modeling a Coordination with City personnel b Obtain data from the City c Prepare the hydraulic model d Calibrate the hydraulic model e Prepare a storage needs assessment f Use the model to identify tank siting parameters Quality Control (QC) / Quality Assurance (QA) 1 4 2 4 16 36 24 8 2 4 4 8 1 SUBTOTAL HOURS/UNITS: 1 0 53 0 60 0 8 SUBTOTAL: $167.00 $0.00 $6,413.00 $0.00 $5,220.00 $0.00 $1,192.00 4 $484.00 $24.00 $24.00 $508.00 6 $590.00 $36.00 $36.00 $626.00 60 $6,260.00 $360.00 $360.00 $6,620.00 32 $3,600.00 $192.00 450 70 $554.50 $4,154.50 6 $590.00 $36.00 450 70 $398.50 $988.50 12 $1,180.00 $72.00 $72.00 $1,252.00 2 $288.00 $12.00 $12.00 $300.00 • City provides necessary data Work with City personnel in day long workshc 122 $732.00 900 140 $12,992.00 $732.00 $585.00 $140.00 $1,457.00 $14,449.00 $0.00 Subconsultant Costs w/Sub Contingency 2 Site Selection a Meet with City personnel 12 12 24 $2,772.00 $144.00 450 40 $476.50 $3,248.50 b Conduct site visits 2 2 4 $462.00 $24.00 20 $37.00 $499.00 c Assess sites for feasibility issues 2 8 10 $1,122.00 $60.00 $60.00 $1,182.001 d Prepare alternatives matrix 2 8 10 $1,122.00 $60.00 $60.00 $1,182.00 e Assist City in selecting the preferred site 4 6 $704.00 $36.00 $36.00 $740.00 Quality Control (QC) / Quality Assurance (QA) 1 1 AM 2 $288.00 $12.00 $12.00 $300.00 Assume a meeting at City offices Assume 4 sites SUBTOTAL HOURS/UNITS: 1 0 23 32 0 0 0 56 $336.00 470 40 SUBTOTAL: $167.00 $0.00 $2,783.00 $3,520.00 $0.00 $0.00 $0.00 $6,470.00 $336.00 $305.50 $40.00 $681.50 $7,151.50 $0.00 Subconsultant Costs w/Sub Contingency 3 Preliminary Site Plan a Surveying for the selected site 1 Mir 8 10 $1,423.00 $60.00 $60.00 $1,483.00 b Prepare conceptual layout options 5 17 $1,925.00 $102.00 $102.00 $2,027.00 c Prepare conceptual site plan drawing 4 16 $1,804.00 $96.00 $96.00 $1,900.00 l d Prepare preliminary engineers cost estimate 2 4 $462.00 $24.00 $24.00 $486.00 e Prepare design basis memorandum 2 6 $682.00 $36.00 $36.00 $718.00 Quality Control (QC) / Quality Assurance (QA) 1 1 2 $288.00 $12.00 $12.00 $300.00 SUBTOTAL HOURS/UNITS: 1 0 15 31 0 0 8 55 $330.00 0 0 SUBTOTAL: 4 Preliminary Tank Design a Project Administration b Kickoff Meeting with City c Perform Field Survey d Utilities Research e Perform Site Walk -Through f Perform Geotechnical Investigation of Site g Prepare Base Map of Site h Tank Preliminary Design Drawings i Transmission Line Preliminary Design Drawings j SWPP Plan for submittal to City k Prepare Draft Design Memorandum I Meet with City to Review Preliminary Design Quality Control (QC) / Quality Assurance (QA) SUBTOTAL HOURS/UNITS: SUBTOTAL: $167.00 $0.00 $1,815.00 $3,410.00 $0.00 $0.00 $1,192.00 2.2 11 2.2 4.4 17.6 8.8 2.2 11 8.8 4.4 11 4.4 8.8 2.2 2.2 22 8.8 35.2 2.2 2.2 11 4.4 4.4 22 22 17.6 8.8 17.6 6.6 57.2 15.4 112.2 $1,102.20 $7,378.80 $1,863.40 $12,342.00 0 70.4 17.6 $0.00 $5,315.20 $2,622.40 TASK # TASK Labor Direct Ext Subtotal Subconsultant SubTotal Costs Cost N/Contingenc) Costs 1 Hydraulic Modeling $12,992.00 $1,457.00 $14,449.00 $0.00 49.00 2 Site Selection $6,470.00 $681.50 $7,151.50 $0.00 151.50 3 Preliminary Site Plan $6,584.00 $330.00 $6,914.00 $0.00 •14.00 4 Preliminary Tank Design $30,624.00 $2,358.90 $32,982.90 $10,000.00 ' 982.90 97.40 TOTAL: $56,670.00 $10,000.00 lename. H:\Proje is\376 - Moab City\[Task Order 1.xlsx]Data Page 70 of 91 Assume 3 layouts $6,584.00 $330.00 $0.00 $0.00 $330.00 $6,914.00 $0.00 Subconsultant Costs w/Sub Contingency 15.4 $1,916.20 $92.40 22 $2,629.00 $132.00 22 $3,106.40 $132.00 8.8 $968.00 $52.80 4.4 $525.80 $26.40 2.2 $242.00 $13.20 48.4 $4,648.60 $290.40 48.4 $4,899.40 $290.40 52.8 $5,200.80 $316.80 17.6 $1,799.60 $105.60 6.6 $792.00 $39.60 22 $2,629.00 $132.00 8.8 $1,267.20 $52.80 C 450 279.4 $1, 676.40 1050 0 $30,624.00 $1,676.40 $92.40 $424.50 $229.50 $52.80 $26.40 $13.20 $290.40 $290.40 $316.80 $105.60 $39.60 $424.50 $52.80 $2,008.60 $3,053.50 $3,335.90 $1,020.80 $552.20 $255.20 $4,939.00 $5,189.80 $5,517.60 $1,905.20 $831.60 $3,053.50 $1,320.00 N. $10,000.00 AGEC Geotechnical Evaulation Assume 2000' (4 P&P Sheets) $682.50 $0.00 $2,358.90 $32,982.90 $10,000.00 Subconsultant Costs w/Sub Contingency STANDARD FEE SCHEDULE September 2013 — August 2014 PERSONNEL CHARGES EXHIBIT B Client agrees to reimburse Hansen, Allen & Luce, Inc. (HAL), for personnel expenses directly related to the completion of the project, in accordance with the following: Senior Managing Professional $167.00/hr Managing Professional $139.00/hr Senior Professional II $129.00/hr Senior Professional I $121.00/hr Professional III $110.00/hr Professional II $103.00/hr Professional I $93.50/hr Professional Intern $87.00/hr Senior Designer $106.00/hr Designer $92.50/hr Senior Field Technician $92.50/hr Field Technician $75.50/hr CAD Operator $75.50/hr Secretary $55.50/hr 1 Man GPS Surveying Services $159.00/hr 2 Man GPS Surveying Services $172.00/hr Surveying Services $149.00/hr Expert Legal Services $265.00/hr DIRECT CHARGES Client also agrees to reimburse HAL for all other costs directly related to the completion of the project. Direct charges shall include, but not be limited to, the following: Communication, Computer, Reproduction $6.00 per labor hour Out-of-town per diem allowance (lodging not included) $35.00 per day Vehicle $0.65 per mile Outside consulting and services Cost plus 10% Other direct expenses incurred during the project Cost plus 10% Trimble GPS Unit $130.00 per day INTEREST CHARGE AFTER 30 DAYS FROM INVOICE DATE 1.5% per month Note: Annual adjustments to personnel and direct expense charges will occur in September of each year. Mileage rate changes are based on fuel prices. Page 71 of 91 HAnRF C H S I N! S R S f AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 24, 2014 / Agenda Item #: ]-12 Title: Approval of Task Order No. 2 for a Pavement Condition Survey by Horrocks Engineers Inc. Fiscal Impact: $26,628 Staff Presenter(s): Rebecca Andrus, City Engineer Department: Engineering Applicant: Horrocks Engineers Inc. Background/Summary: The condition of the existing city streets has not been quantified or assessed in a comprehensive way that will allow the City to clearly plan for preservation and repair of the existing streets. In order to make it so that planning for these repairs can be proactive rather than reactive, a Pavement Condition Survey will be performed. This project will provide the City with a valuable tool in managing the roads and streets by helping us plan the correct treatment at the right time and budget accordingly. Under the engineering services contracts, based on their experience in transportation, Horrocks Engineers has been selected to perform a geotechnical survey of the existing pavement condition of the City's paved streets and map the condition of the pavement on the City GIS system. Horrocks will prepare a report and present it to City Council with the findings of the geotechnical survey. The total cost for this work is $26,628. This has been included under Transportation Master Plan in the approved budget. Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Task Order 1 Recommended Motion: I move to approve Task Order No. 2 for a Pavement Condition Survey by Horrocks Engineers Inc. Attachment(s): Task Order No. 2 with Horrocks Engineers Inc. Page 72 of 91 Attachment A TASK ORDER NO. #2 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB Effective Date of AGREEMENT: TASK ORDER NO. #2 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of , 20 , by and between OWNER and , a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: Pavement Condition Survey. 2. PROJECT SITE. The PROJECT SITE is located as follows: Moab City Limits. 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $26,628.00. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within September 30, 2014 following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made a part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. OWNER: ENGINEER: By: By: Printed Name: Printed Name: Its: Its: Page 73 of 91 Scope of Work Prepared for Moab City Pavement Condition survey March 7, 2008 Moab City: Pavement Condition Survey Scope of Work Executive Summary Overview; • This scope of work is to perform survey of the existing pavement condition of the City's paved streets and map on the City's GIS system the condition of the pavement. Need for Project: • The condition of the existing city streets has not been quantified or recorded in a meaningful manor to provide the City with a clear plan for preservation and repair of existing streets. Currently, pavement preservation and repair has been occurring with minimal planning and many times has been more reactive than proactive. That is repair projects have been carried out on a reactive basis from resident complaints and/or failing roadways rather than with good planning to prevent failure before major work is required. The project will provide the City with a valuable tool in managing the roads and streets within the City by knowing the condition of the pavement. This will allow the City to prioritize and plan maintenance, pavement preservation and roadway repair to maintain the City streets in good condition. TASK 01 PROJECT MANAGEMENT OVERVIEW: The purpose of this activity is to provide overall direction and control for the project. The project manager will be responsible for the implementation of quality control measures, project reporting, project documentation, and overall performance of the project. The tasks within this activity will include the following: GENERAL TASKS: • Provide coordination of all disciplines within the project. • Manage project budget and activities. • Prepare and submit invoices. • Create and maintain a project central file throughout the duration of the project. Files will include all relevant incoming and outgoing correspondence and materials on the project. • Maintain an Action Item list and distribute to team members after team coordination meetings. ASSUMPTIONS: • Team meeting/coordination will be by telephone, email etc. DELIVERABLES: • Progress reports and invoices. • Action Item lists TASK 02 PAVEMENT CONDITION SURVEY OVERVIEW: Perform pavement condition survey of the city's streets. 0:V2O141PG-010-1405 Moab City General Engineering\ Task 2 - Payment Preservation Survey\Moab City Pavement Assesment Scope of Work,doc Page 1 of 2 HORR�OCKS 1c) I ]t Page 74 of 91 Scope of Work Prepared for Moab City Pavement Condition Survey March 7, 2008 GENERAL TASKS: • See attached scope from Terracon to provide the pavement condition survey. ASSUMPTIONS: • DELIVERABLES: TASK 03 GIS Mapping OVERVIEW: Map pavement condition on the City's GIS Mapping System.. GENERAL TASKS: • Categorize pavement conditions. • Map pavement condition on GIS layer. ASSUMPTIONS: • One site visit to Moab. DELIVERABLES: • File Geodatabase with all digital mapping. • Arc GIS online web application showing pavement condition classification data TASK 04 Report Preparation and Presentation OVERVIEW: Prepare final report and present and City Council. GENERAL TASKS: • Prepare final report. • Present at City Council Meeting. ASSUMPTIONS: • One Trip to Moab for presentation. DELIVERABLES: Final report and GIS mapping. 0:V2014\PG-010-1405 Moab City General Engineering lTask 2 - Payment Preservation Survey\Moab City Pavement Assesment Scope of Work.doc Page 2 of 2 HORROCKS 1141- Ci ! Page 75 of 91 r1oz,Jsra wslx•slsoa usIsaa uoileniasaJd luaueened geopManms uogeniasa.1d luawned -Z KeeltiSuuaeutu3 nlla geoyy got. 1910-0d117L0ZiVO 8Z9`9Z$ 7V101 8Z9'9Z$ 0EY`4 4 oes$ 008`0l$ 1elo1 Buuaaulfiu3 ue!sea SIS00. I0d1J10 1V101 bullwud SdO Neolnl of sdul Z)(sailLN D004) abeelnAl uooe.ual :luelinsuoo uaglo 51500 loaul❑ Ol 8 I 86 Z4 1,4 Z171 861'94$ Jowl lelol 04 8 8 06 Zl 9 Z Z Z 9b Z6 Z Z bSZ'h 90£'04 9l£ 8l£ Ilounoo 49 al luaseud pue Uodei pug asedaud ualleluasaid pue uogeuedaud poday :b NSV1 walsrts SIJ s qo aql uo uolllpuoo luewened dew pue f:A ssen &Odelry SIJ '£ Asyi luooeuualj ea; pue adoos pepelle aas !equyoaloap a dq paw pad aq of luauussassy pue uolllpuoo luewened Aanuns uolllpuo0 luewened :Z ),ISVI slleo aouaua;uoo ! s6upaalnl uogeulpioop weal uogeil!ulloaload luawa6eueyy palm,' :4 1 SN1 6ti$ 95$ 9L$ 99S 98$ l l4$ Zel$ NS L6S 74l$ 691E 31V?� SN11118 ledvato ueloluyoal an ueloluyaai ❑tl0 muas ueloluyaal u6Isaa — ueloluyoal u6paa JoluaS 11 ueloluyoal u63saa JoluaS JorCanuns pasunn aaauOu3 '3'd 'uaaw6u3 ad 'II Jaaul6u3 '3'd `II uaaulfiu3 ledloupd &moll lelol 3so0 lelol uogduasaa g msel S1S00 ON'd Saf10HMVW NOIS3a ❑3ioaroad AemnS uompuo0 }ueuioned - gem i Page 76 of 91 HORROCKS ENZGINEERS FEE SCHEDULE Hourly Billed Rate Engineers Sr. Principal Engineer $187.00 Principal Engineer II $159.00 Principal Engineer $131.00 Senior Engineer $167.00 Sr. Associate Engineer, P.E. $137.00 Associate Engineer, P.E. $122.00 Sr. Engineer II, P.E. $174.00 Sr. Engineer, P.E. $133.00 Engineer II, P.E. $114.00 Engineer, P.E. $97.00 Engineer $82.00 Other Professionals and Technicians Sr. Planner $154.00 Planner II $87.00 Planner $64.00 Sr. Environmental Specialist $144.00 Environmental Specialist $109.00 Sr. Communication Specialist $137,00 Communication Specialist $80.00 Sr. Design Technician II $111.00 Sr. Design Technician $86.00 Design Technician $56.00 Sr. CAD Technician $76.00 CAD Technician $55.00 Field Engineer $106.00 Sr. Field Technician $76.00 Field Technician $60.00 Jr. Field Technician $38.00 Vac Truck/Camera Tech $53.00 Surveyors Sr. Licensed Surveyor Licensed Surveyor Sr. Surveyor/ROW Technician Surveyor/ROW Technician $127.00 $102.00 $84.00 $62.00 Support Staff Administrative Assistant $5s.00 Clerical $49.00 Equipment Global Positioning System HDS 3D Scanner Vacuum Truck CCTV Camera Truck SUE Testing Equipment Ground Penetrating Radar Troxler Nuclear Density Gauge Asphalt Content Tester Gyratory Compactor Traffic Counter $16.70 / hour $100.00 /hour $220.00 /hour $185.00 / hour $11.10 / hour $26.70 /hour $16.70 / test $44.40 / test $44.40 / test $22.20 /day Travel and Subsistence at cost Mileage $0.63 / mile Subconsultent Cost + 10% Other Direct Costs Cost+ 10% Flares are effective through February 26, 2015 Page 77 of 91 Agenda March 25, 2014 Horrocks Engineers 2162 West Grove Parkway, Suite 400 Pleasant Grove, Utah 84062 Attn: Mr. Brad Conder, P.E. P: [801 j 763-5191 E: bradcAhorrocks.com Re: Proposed Pavement Condition Survey City of Moab Moab, Utah Terracon Proposal No. P61140069 Mr. Conder: lrerracon We appreciate the opportunity to provide pavement condition survey services for the above referenced project. This document provides our understanding of the project, our planned work scope and associated fees, and our terms and conditions associated with the performance of this work. 1.0 PROJECT INFORMATION 1.1 Site Location ITEM Location Existing improvements DESCRIPTION City of Moab —Approximately 35 miles of city streets. Residential, light and heavy commercial, and retail developments along city streets. Current ground cover Asphaltic concrete pavement. 1.2 Project Description ITEM Structures DESCRIPTION Existing city pavement streets with varying degrees of distress in the form of pavement cracking. Pavement construction I Asphaltic concrete pavement. Should any of the above information be inconsistent with the planned construction please let us know so that we may make any necessary modifications to this proposal. Terracon Consultants, tnc. 14850 Soilth Pony Express Road, Ste. 150N Blutidale, Lltan 84055 Environmental • Facilities • Geotechnicai • Materials Agenda Proposal for Pavement Condition Survey City of Moab a Moab, Utah March 25, 2014 Terracon Proposal No, P61140069 2,0 SCOPE OF SERVICES iferracon The project will consist of field reconnaissance under the guidance of a registered engineer to document and locate pavement conditions on city streets. A report will be provided describing pavement conditions and delineating extents of observed conditions. The following sections provide an overview of the work scope for each of these aspects of the project. 2.1 Pavement Assessment Our field work includes visually inspecting pavement surface condition throughout the project limits and documenting location and extent of observed conditions. Pavements will be evaluated and rated based on either: Pavement Surface Evaluation and Rating (PASER) Manual for asphalt roads; or ASTM D6433 -- 11, Standard Practice for Roads and Parking Lots Pavement Condition Index (PCI) Surveys. 2.1.1 Safety We are committed to the conduct of our work safely. Our field crew will wear high visibility safety vests, and our vehicles will be equipped with flashing lights. Where possible, pavement surveys and measurements will be completed on shoulders of roadways or where there is limited traffic. 2.2 Geotechnical Engineering Analysis and Report The results of our field program will be evaluated by a professional engineer. We will prepare an engineering report that provides the following: Observed pavement conditions for input into the clients mapping program. Description of the pavement rating system. 2.3 Additional Services The activities described in Sections 2.1 through 2.2 above provide our proposed work scope to address the basic aspects of the work necessary to render our geotechnical engineering report. The fees described in Section 4.1 are related to the work scope described in Sections 2.1 through 2.2. Responsive ■ Resourceful ■ ReHalal 2 Page 79 of 91 Proposal for Pavement Condition Survey City of Moab a Moab, Utah March 25, 2014 Terracon Proposal No. P61140069 I rerracon In addition to the basic services noted above, the following, additional services are often associated with the geotechnical engineering services. The fees for the basic services noted in Section 4.1 do not include the following services, 2.3.1 Falling Weight Deflectometer (FWD) Testing To aid in estimating the serviceability or remaining life in an existing pavement, FWD testing can be completed along select or all city streets. The FWD testing is a nondestructive test that simulates a moving truck wheel and measures the pavement response (deflection) due to the applied load. The testing equipment is mounted on a trailer and pulled behind a truck. The truck stops at specified intervals, sensors are lowered to the roadway surface and a load is applied to the pavement surface and measurements are taken. Testing at each location takes approximately 1 minute. Mobile traffic control consisting of truck with arrow board and/or crash cushion can be used to allow the work to be completed safely while maintaining the roadway open to traffic. The FWD testing will result in modulus values for existing pavement section layers and subgrade at every test location. Existing pavement sections at each location can be evaluated with respect to the collected modulus values to determine the remaining life in the existing pavement. 2.3.2 Pavement Management Terracon can assist Horrocks and the City of Moab in developing a pavement management plan to focus resources in a systemic way, resulting in maintaining a specified level of pavement performance on as many streets as possible. We are available to discuss this service at your request. 3.0 SCHEDULE We can generally begin the pavement assessment program within about one week after receipt of our signed Agreement for Services. We estimate the field work will take approximately i days and the final report can be completed within about one week after the field work is completed. In situations where information is needed prior to submittal of our report, we can provide verbal information for specific project requirements after we have completed our field programs. The schedule above is predicated upon our current availability and our understanding of your schedule needs. In the event the schedule provided is inconsistent with your needs, please contact us, and we will consider alternatives. Responsive ■ Resourceful ■ Reliable 3 Page 80 of 91 Proposal for Pavement Condition Survey City of Moab Moab, Utah March 25, 2014 ■ Terracon Proposal No. P61140069 lrerracon Because the schedule suggested above is tentative and dependent upon receipt of your notice to proceed, we will provide you with a specific schedule for the conduct of the project at the time of your issuance of notice to proceed. 4.0 COMPENSATION Using our estimate of the work scope as outlined in Section 2, and our unit rates for the various work items, we have developed an estimate of fees for this project. 4.1 Basic Services We will provide the pavement assessment survey as stated in Section 2.1 through 2.2 for a fee of $10,800.00, Unless instructed otherwise, we will submit our invoice(s) to the address shown at the beginning of this proposal. In the event that we encounter conditions that would require variation in the work scope as noted in Section 2.1 through 2.2, we will notify you of this variation, and we will send a supplemental proposal stating the modified work scope as well as its impact on our fee. We will not proceed without your authorization, as evidenced by your signature on the Supplemental Agreement form. 4.2 Additional Services The additional services noted in Section 2.4 are not included in the fee estimate above. We can provide estimated fees for these services upon request. 5.0 AUTHORIZATION Work will be performed under the provisions of the attached Agreement for Services, Your authorization for Terracon to proceed in accordance with this proposal can be issued by signing the attached Agreement for Services along with this proposal and returning an original copy of these documents to our Bluffdale, Utah office or emailing a copy to jwgilbert�7a,terracon.com. Responsive a Resourceful r Reliabre 4 Page 81 of 91 Proposal for Pavement Condition Survey City of Moab Moab, Utah March 25, 2014 Terracon Proposal No. P61140069 lrerracan We appreciate the opportunity to provide this proposal and look forward to the opportunity of working with you. Sincerely, Terracon Consultants, Inc. Gil Geotechnical Engineer .pr Rick L. Chesnut, P.E., P.G. Principal '11:0115i's,$) ■ f f?S( iilS F.:}!'a ■ rr ii5 Page 82 of 91 AGENDA SUMMARY MOAB CITY COUNCIL MEETING June 24, 2014 Agenda Item #: 7-1.3 Title: Approval of Task Order No. 3 for 500 West Water Line Design by Horrocks Engineers Inc. Fiscal Impact: $37,573 Staff Presenter(s): Rebecca Andrus, City Engineer Department: Engineering Applicant: Horrocks Engineers Inc. Background/Summary: As part of the City's asset management program, several high priority replacement projects have been identified. The waterline on 500 W and Kane Creek is one of these projects due to its age and the fact that it is the only source of water into the low pressure zone in the winter months when Skakel Tank is offline, which makes it of critical importance to the City. The 500 W roadway replacement project is scheduled to occur in 2015. In order to avoid digging up a new road to put in the waterline, the plan is to replace the waterline this fall. Horrocks Engineers is working with UDOT and the City to design the road. Therefore, it would work best for coordination to have the waterline designed by Horrocks. The scope includes hydraulic modeling to determine optimal line size, plans, specifications, and bid assistance. The cost for these services is $24,206 for an alignment that goes under the creek. If it is determined that the waterline would function best if hung from the road bridge, the cost would be an additional $13,367 for structural evaluation of the bridge and hanger design. The funds for this design work are included in the $350,000 for the construction of the 500 W waterline that is in the approved budget. Options: Approve, deny or table. Staff Recommendation: Staff recommends approving the Task Order Recommended Motion: I move to approve Task Order No. 3 for 500 West Water Line Design by Horrocks Engineers Inc. Attachment(s): Task Order No. 3 with Horrocks Engineers Inc. Page 83 of 91 Attachment A TASK ORDER NO.3 TO MASTER AGREEMENT FOR PROFESSIONAL SERVICES OWNER: CITY OF MOAB Effective Date of AGREEMENT: TASK ORDER NO. # 3 ("this TASK ORDER") to the CITY OF MOAB MASTER AGREEMENT FOR PROFESSIONAL SERVICES (AGREEMENT) is made and entered into as of the day of , 20_, by and between OWNER and Horrocks Engineers, a Utah Corporation (herein called ENGINEER) who agree as follows: 1. PROJECT. The PROJECT associated with this TASK ORDER is described as follows: 500 West Water Line 2. PROJECT SITE. The PROJECT SITE is located as follows: 500 West — Mill Creek to Kane Creek Dr. 3. SCOPE OF SERVICES. The SCOPE OF SERVICES and deliverables associated with this TASK ORDER are attached hereto as Exhibit A. 4. FEES. OWNER shall reimburse for services provided under this TASK ORDER on a time and expense basis not to exceed $24,206.00. Payment shall be in accordance with the FEE SCHEDULE attached hereto as Exhibit B and in accordance with the AGREEMENT. 5. SCHEDULE. The SERVICES associated with this TASK ORDER are anticipated to be completed within March 31, 2015 following written authorization from the OWNER to proceed. 6. ATTACHMENTS AND EXHIBITS. Both parties have read and understood all attachments and exhibits referenced in or attached to this TASK ORDER and agree that such items are hereby incorporated into and made a part of the AGREEMENT. IN WITNESS WHEREOF, OWNER and ENGINEER have executed this TASK ORDER as of the date first above written. OWNER: ENGINEER: By: By: Printed Name: Printed Name: Its: Its: Page 84 of 91 Agenda Scope of Work Prepared for Moab City 500 West waterline Replacement Moab City: 500 West Waterline Replacement Scope of Work Executive Summary Overview: • This scope of work is to include design engineering services for the Moab City 500 West Waterline Replacement. This work includes the design engineering services replacement of the existing water line in 500 West from Kane Creek Boulevard north across Mill Creek and tie into the existing line on the north side of Mill Creek. The base design assumes crossing Mill Creek underground with an additive alternate to hang the water line on the existing bridge. The design effort will include hydraulic modelling of the line to provide future flows to the lower pressure zone. This Scope includes preparing bid plans and specifications, and to assist in advertising and awarding the contract. Survey and utility locating will be completed under a separate project. Construction Engineering Management services are expected to be performed by the City and are not included in this scope. • An additive alternative scope and cost is included for placing the line on the existing MITI Creek Bridge. To be added at the direction of the City if this alternative is selected. Need for Project: • The existing water line is old, has reached its design life and provides the only connection to the lower pressure zone during the winter months. This is a critical line and needs to be replaced prior to the reconstruction of 500 West to provide secure and adequate water flows into the future. The line is undersized for future build out of the lower pressure zone and will need to up upsized to provide adequate water flow as the north US-191 corridor continues to build out. TASK 01 PROJECT MANAGEMENT OVERVIEW: The purpose of this activity is to provide overall direction and control for the project. The project manager will be responsible for the implementation of quality control measures, project reporting, project documentation, and overall performance of the project. The tasks within this activity will include the following: GENERAL TASKS: • Provide coordination of all disciplines within the project, • Manage project budget and activities, • Prepare and submit invoices. • Create and maintain a project central file throughout the duration of the project. Files will include all relevant incoming and outgoing correspondence and materials on the project. • Maintain an Action Item list and distribute to team members after team coordination meetings. ASSUMPTIONS: • Team meeting/coordination will be by telephone, email etc. DELIVERABLES: • Progress reports and invoices. • Action Item lists 0.1120141PG-010-1405 Moab City General Engineering\Task 3 - 500 West Waterline\500 w waterline Scope of Work.doc Page 1 of 4 HORROCKS Page 85 of 91 jai Scope of Work Prepared for Moab City 500 West Waterline Replacement TASK 02 SURVEY/UTILITIES OVERVIEW: Perform site survey of the site. GENERAL TASKS: • Survey and Subsurface Utility Engineering for the water line replacement will be completed as part of a separate project and provided for use in the water line design. ASSUMPTIONS: • DELIVERABLES: TASK 03 Water System Modelling OVERVIEW: Model system to determine size of line. GENERAL TASKS: • Verify Calibration of existing Moab City water model. • Project future water demands. • Size line to provide adequate flows and pressure. ASSUMPTIONS: • Assume this is the only line to provide flow during winter months to the lower pressure zone. • Coordinate fire flow requirements with City Staff. DELIVERABLES: • Updated water model with new line sizing. TASK 04 Water System Design OVERVIEW: Prepare design plans. GENERAL TASKS: • Prepare design plans utilizing survey and SUE information. • Prepare specifications and contract documents ASSUMPTIONS: • Line will be placed underground crossing Mill Creek. Replace from Kane Creek Blvd. to north of the Mill Creek Bridge. 0;112014\PG-010-1405 Moab City General Engineering\Task 3 - 500 West Waterline1500 W waterline Scope of Work.doc Page 2 of 4 Page 86 of 91 HORROCKS IMF " ' IN `megenda Scope of Work Prepared for Moab City 500 West Waterline Replacement DELIVERABLES: Final bid plans, specifications and contract documents TASK 05 PRV Vault Design OVERVIEW: Prepare design plans for Pressure Reducing Valve Station, GENERAL TASKS: • Prepare design plans. Including Structural concrete vault and piping within the PRV Station. • Prepare specifications and contract documents ASSUMPTIONS: • Vault will be cast in place concrete. • PRV station will include a smaller by pass PRV within the vault, DELIVERABLES: Final bid plans, specifications and contract documents. TASK 06 Stream Alteration Permit OVERVIEW: Prepare and obtain Stream Alteration Permit for the stream crossing GENERAL TASKS: • Prepare details and design for stream crossing. • Prepare and obtain Stream Alteration Permit from Utah DEQIUSCOE. ASSUMPTIONS: • This will be a temporary impact and permit will be permitted through a General Permit 40 issued by Utah Division of Water Rights, • Attached Additive Alternative Task to provide design and plans for placing the waterline on the existing Mill Creek Bridge, This task can be added if the decision is made to place the waterline on the bridge instead of making a buried stream crossing. DELIVERABLES: Stream Alteration Permit. 0:112014\PG-010-1405 Moab City General Englneering1Task 3 - 500 West Waterline1500 W waterline Scope of Work.doc Page 3 of 4 HORROCKS iau c, ; ; Agenda Page 87 of 91 Scope of Work Prepared for Moab City 500 West Waterline Replacement TASK 07 Prepare Final Bid Plans And Specifications OVERVIEW: Prepare final bid plans, specifications and contract documents. GENERAL TASKS: • Address comments and prepare final plans . • Prepare specifications and contract documents. ASSUMPTIONS: DELIVERABLES: • Final bid plans, specifications and contract documents. TASK 08 Bidding Assistance OVERVIEW: Assist in bidding and answer questions during bidding process. GENERAL TASKS: • Provide assistance during bidding. • Answer question from Contractors. • Prepare bid tabulation. • Make recommendation for award of contract. ASSUMPTIONS: • Moab City will advertise for bids. • Moab City will attend bid opening. We will be available by phone as needed for bid opening. DELIVERABLES: Bid tabulation, award recommendation. 0:1!20141PG-010-1405 Moab City General Engineerinrask 3 - 500 West Waterlinel500 W waterline Scope of Work.doc Page 4 of 4 Page 88 of 91 HORROCKS III Agenda l6 10 68 abed I Moab City - 500 West Water Line PROJECTED DESIGN MANHOURS AND COSTS Task & Description Total Cost Total Hours Principal Engineer II, P.E. Engineer II, P.E. Engineer, P.E. Engineer Environ Specialist Licensed Surveyor Senior Design Technician Design Technician Senior CAD Technician CAD Technician Clerical BILLING RATE $159 $114 $97 $82 $109 $102 $86 $56 $76 $55 $49 TASK 1: Project Management — Project Initiation 318 2 2 Team Coordination Meetings 1 conference Gals 636 4 4 TASK 2: Survey/Utilities Survey and Utility location completed under separate work TASK 3: Water System Modelling Model system to determine size of line required from 2,090 22 2 16 4 Kane Creek Road along 500 West assuming this is the only source supply to the lower zone (during winter). Verify model calibration. TASK 4: Water System Design Assume - 12 - 16 inch size from Kane Creek Road across Mill Creek and tie into existing. Approx. 1700 feet. 7,422 98 8 8 32 50 TASK 5: PRV Vault Design Structual Vault Design 3,022 34 2 16 16 Piping Design 1,414 18 2 g 6 TASK 6: Mill Creek at Grade Stream Crossing Prepare and Obtain Stream Alteration Permit from Utah DEOlUSCOE. 1,744 16 16 Design details for stream crossing 1.670 18 2 B 8 TASK 7: Prepare bid plans and specifications Bid Plan Set 1 Engineers Estimate 1,876 28 4 8 8 8 Specifications 2,360 32 24 8 TASK 8: Advertise for bid Assist in advertising for bidding, answer questions during bidding process 1,024 8 4 4 Total Labor $23,576 264 26 24 32 72 94 16'. Direct Costs: other consultant: Mileage (1000 Miies)(2 trips to Moab) GPS Printing TOTAL DIRECT COSTS Design Engineering Total $630 $630 $24,206 TOTAL. $24,206 03420141PG-010-1405 Moab City General Engineering1Task 3- 500 West WaterIme1500 West Water line Design and CM coals modified 0-19-14.xlsm Cii8;201a l6 10 06 abed I Moab City - 500 West Water Line PROJECTED DESIGN MANHOURS AND COSTS Task BDescription Total Cost Total Hours Principal Engineer II, P.E. Engineer II, P.E. Engineer, P.E. Engineer Licensed Surveyor Senior Design Technician Design Technician Senior CAD Technician CAD Technician Clerical BILLING RATE $159 $114 $97 S82 $102 $86 $56 $76 $55 $49 ADDITIVE ALTERNATIVE TASK: Mill Creek Bridge Crossing Design Bridge Analysis Analyze Bridge Overhang 912 8 8 Analyze bridge Girders 912 8 8 Perform Load Ratings 4,424 40 32 8 Hanger Design Hanger Design and Selection 912 8 8 Design Hangers 2,018 22 8 8 6 Develop Hanger plan set 1,908 20 8 8 4 Develop HangerSpecffaations 1,966 26 4 2 8 12 This task is to provide bridge rating and design of the water line to be placed on the existing bridge structure. This is an aitemate to obtaining a stream alteration permit and buring the water line under Mill Creek. Total Labor $13,052 132 76 26 r 8 22 Direct Costs: other consultant: Mileage (500 Miles)(1 trips to Moab) GPS Printing TOTAL DIRECT COSTS Design Engineering Total $315 $315 $13,367 TOTAL $13,367 0:U20144PG-010-1405 Moab City General Engineering5Tesk 3- 500 west Wateriine1500 West Water fine Bridge rating Design.xlsm 6.118f2014 HORROCKS IN E E R S FEE SCHEDULE Hourly Billed Rate Engineers Sr. Principal Engineer $187.00 Principal Engineer II $159.00 Principal Engineer $131.00 Senior Engineer $167.00 Sr. Associate Engineer, P.E. $137.00 Associate Engineer, P.E. $122.00 Sr. Engineer II, P.E. $174.00 Sr. Engineer, P.E. $133.00 Engineer II, P.E. $114.00 Engineer, P.E. $97.00 Engineer $82.00 Other Professionals and Technicians Sr. Planner $154.00 Planner II $87,00 Planner $64.00 Sr. Environmental Specialist $144.00 Environmental Specialist $109.00 Sr. Communication Specialist $137.00 Communication Specialist $80.00 Sr. Design Technician II $111.00 Sr. Design Technician $86.00 Design Technician $56.00 Sr. CAD Technician $76.00 CAD Technician $55.00 Field Engineer $106.00 Sr. Field Technician $76.00 Field Technician $60.00 Jr. Field Technician $38.00 Vac Truck/Camera Tech $53.00 Surveyors Sr. Licensed Surveyor Licensed Surveyor Sr. Surveyor/ROW Technician Surveyor/ROW Technician $127.00 $102.00 $84.00 $62.00 Support Staff Administrative Assistant $58.00 Clerical $49.00 Equipment Global Positioning System $16.70 / hour HDS 3D Scanner $100.00 / hour Vacuum Truck $220.00 / hour CCTV Camera Truck $185.00 / hour SUE Testing Equipment $11.10 / hour Ground Penetrating Radar $26.70 / hour Troxler Nuclear Density Gauge $16.70 / test Asphalt Content Tester $44.40 / test Gyratory Compactor $44.40 / test Traffic Counter $22.20 / day Travel and Subsistence at cast Mileage $0.63 / mile Subconsultant Cost+ 10% Other Direct Costs Cost + 10% Rates are effective through February 28, 2015 Page 91 of 91 Agenda