Loading...
HomeMy Public PortalAboutPKT-CC-2014-11-25Moab City Council November 25, 2014 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS Agenda Page 1 of 116 Page 2 of 116 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, November 25, 2014 at 6:30 p.m. ..........................................•••••••••••••••••••••••••••• 6:30 p.m. PRE COUNCIL WORKSHOP 7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE SECTION 1: APPROVAL OF MINUTES 1-1 October 28, 2014 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATIONS AND PROCLAMATIONS 4-1 Presentation of the Annual Audit for Fiscal Year 2013-2014 SECTION 5: PUBLIC HEARING (Approximately 7:15 PM) None SECTION 6: SPECIAL EVENTS/VENDORS 6-1 Approval of a Special Event License for the Moab Area Chamber Commerce for the Winter Light Parade and Tree Lighting on December 5 and 6, 2014 6-2 Approval of a Request for a Waiver of Special Event Fees for the Moab Area Chamber of Commerce in an Amount Not To Exceed $90.00 6-3 Approval of a Change of Location for a Private Property Vendor License for Quesadilla Mobilla at 89 North Main Street SECTION 7: NEW BUSINESS 7-1 Acceptance of the Annual Audit for Fiscal Year 2013-2014 7-2 Approval of Proposed Resolution #39-2014 — A Resolution Conditionally Approving a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R-2 Zone Agenda Page 3 of 116 7-3 Approval of Proposed Resolution #50-2014 —A Resolution Declaring Certain Property Owned by the City of Moab as Surplus 7-4 Award of the 500 West Waterline Project 7-5 Approval of the 500 West Waterline Project Contract 7-6 Approval of Proposed Resolution #51-2014 — A Resolution Approving a Local Government Contract by and between the City of Moab and Horrocks Engineering for the Moab 500 West Phase 3 Road Improvement Project, for Construction Engineering Management Services 7-7 Approval of Proposed Resolution #53-2014 — A Resolution Approving an Interlocal Agreement by and between the City of Moab and Grand County, Pertaining to the Ownership, Development, Operation and Maintenance of Lions Park, the Lions Park Trail, the Lions Park Transit Hub, and the Colorado River Pathway 7-8 Approval of Proposed Resolution #52-2014 — A Resolution Approving a Landscape Maintenance Agreement for Lions Park by and between the Utah Department of Transportation and the City of Moab 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: EXECUTIVE SESSION 13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 14: 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 Agenda Page 4 of 116 MOAB CITY COUNCIL REGULAR MEETING October 28, 2014 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, Planning Director Jeff Reinhart, City Treasurer Jennie Ross, Assistant City Engineer Eric Johanson, Public Works Director Jeff Foster and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Forty-six (46) members of the audience and media were present. Councilmember McElhaney moved to approve the Regular Meeting minutes of October 14, 2014. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Under Citizens to Be Heard, Roy Barraclough stated that he was the former CEO of Moab Regional Hospital and was soon to be the former Administrator of the Canyonlands Community Care Center. Mr. Barraclough stated that he and his wife would soon be leaving the community and he expressed his gratitude for working with the City Council, City Staff and the Moab Community. Joe Kingsley stated that he wanted to alert the City council that he had had received information at a health lecture that he had attended in Nevada that E-cigarettes account for the number one portal to illegal drug use. Randy Day spoke regarding property on Center Street and stated that he had visited with City Staff and had made no progress resolving the issues. Mr. Day stated that the property owners have land that is in effect a taking of property by the City and that they also own a retention dam that is important to the community. Mr. Day stated that he is concerned about the lack of progress and that there are two major issues that still need to be addressed. Mr. Day stated that he would be back in four weeks to speak again. October 28, 2014 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD Agenda Page 1 of 7 Page 5 of 116 A Community Development Department Update was not given. Under Engineering Department Update, Assistant City Engineer Johanson that he had been working on reviewing plans and a cost estimate for Deer Trail Subdivision as well as working with developers on Entrada at Moab Subdivision. Assistant City Engineer Johanson stated that bids had been received for the 500 West Waterline Project, that there were a few cost issues and that he had met with an Architect regarding the Lions Park project. Mayor Sakrison presented Monica Villalpando with the Mayor's Student Citizenship of the Month Award for October 2014 for Helen M. Knight Elementary School. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. Mayor Sakrison opened a public hearing on Proposed Resolution #39- 2014 — A Resolution Conditionally Approving a Conditional Use Permit for a Bed and Breakfast Located on the McElhaney Property at 100 Arches Drive in the R-2 Zone to Public Hearing on October 28, 2014 at 7:22 PM. Kris Hurlburt stated that she lives in Walker Subdivision and that her subdivision will be used for access to the proposed bed and breakfast which will cause an impact to the surrounding neighborhood. Ms. Hurlburt stated that she did not feel that the Planning Commission had considered the negative impact on a quiet, peaceful, cul-de-sac when the Moab City Code states that there must be no clear minimum negative impact. Ms. Hurlburt speculated the following impacts: 1. Property values will go down. 2. Traffic will increase 3. There will be increased noise from patrons. 4. The dynamic of the neighborhood will change. 5. Lighting will increase in the neighborhood due to traffic and car lights. 6. It will break up the community and could have serious impacts. Christina Sloan stated that she was an attorney and had been hired by the residents of Arches Drive who are unanimously opposed to the proposed bed and breakfast as is the surrounding neighborhood. October 28, 2014 COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE MAYOR'S STUDENT OF THE MONTH PRESENTATION — MONICA VILLALPANDO, OCTOBER 2014 PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PUBLIC HEARING OPENED ON PROPOSED RESOLUTION #39- 2014 — CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST AT 100 ARCHES DRIVE PUBLIC COMMENT Agenda Page 2 of 7 Page 6 of 116 Ms. Sloan offered the following list of objections to the proposed bed and breakfast: 1. The use and scope of the proposed bed and breakfast will change the quality of the surrounding neighborhoods. 2. The applicants have not demonstrated clearly minimal negative impacts. 3. The neighborhoods north of 400 East Street are higher quality neighborhoods as there are no overnight rentals in the immediate vicinity of this project. 4. The increased traffic will be up -hill on 200 South Street and commercial traffic on a hill increases wear and tear on the streets and will lead to increased speeding on 200 South Street. 5. The proposed bed and breakfast is located on a dead end street therefore traffic cannot be adequately diffused and being the last lot on a dead end street the in and out traffic will pass by all houses on the street. 6. The proposed bed and breakfast is a "new -built" bed and breakfast and the City hasn't approved a "new -built" bed and breakfast in years. 7. The scope of the project is 6,000 square feet including two garages — there are concerns that the lot is adequate to accommodate such a large project. 8. The community does not need more strife. 9. The changes the City has made to municipal code indicates a trend in public policy to limit overnight rentals. 10. Traffic will increase in the neighborhood as the existing day care is a fraction of the traffic and the nature of the traffic will change. 11. The one year review period is not consoling as the City will have a hard time taking the permit away. 12. Overnight rentals will create traffic issues at night. 13. The proposed project provides four parking spaces for utility trailers. 14. The scope of the site plan is not compatible with the surrounding neighborhood. 15. The neighbors are sympathetic that the applicants are seeking a new vocation. Vicki Webster stated that she lives at 795 Hillside Drive and that her primary concern is the potential increase in traffic volume and the safety concerns. Ms. Webster inquired if the potential maximum impact is acceptable if the project is approved. Ms. Webster continued that a commercial level of traffic on a hill will have a negative impact and that a bed and breakfast that is the center of recreational activities will have October 28, 2014 PUBLIC COMMENT (CONTINUED) Agenda Page 3 of 7 Page 7 of 116 more than a minimal impact on the neighborhood which is not allowed according to Moab Municipal Code. Ms. Webster stated that she feels approval of the project would set a precedence for other vacant lots on Arches Drive. Ms. Webster offered that she values the McElhaneys as neighbors but would like a reasonable compromise such as no parking of trailers and passenger vehicles only. Cheryl Decker stated that she lives in the Walker Subdivision and she is worried about the potential of increased traffic and the safety concerns for the subdivision. Ms. Decker pointed out that there are no sidewalks in the subdivision and that families and children regularly play in the streets. Ms. Decker stated that she is concerned about the alteration the proposed project could cause to the subdivision and that the City could add sidewalks but that would be too big of a tax burden. Rick Donham stated that he has lived at 232 Walker Street for the past 15 years and he has a long term sense of his residence. Mr. Donham stated that building a brand new bed and breakfast will have an incredible impact on the neighborhood and that this particular neighborhood is the center of children gathering for Halloween for our community. Mr. Donham stated that his sister had an overnight rental in the Hecla subdivision and that she had received a lot of complaints from surrounding neighbors and had found it to be not profitable. Mr. Donham stated that he likes that his neighborhood is very quiet and we would rather not have machinery noise where he resides. Mr. Donham stated that he feels the proposed project will have a high impact on the residential neighborhood and he requested that the City Council deny the project or place appropriate conditions to mitigate the issues. Sasha Reed stated that she is concerned about the impacts on the neighborhood and that she considers the neighborhood to be very special. Ms. Reed observed that the neighborhood has no sidewalks and can be very difficult for out-of-town drivers to navigate. Mike Duncan stated that he lives at 579 Rosetree Lane and that there is a trail or route over the top of Arches Court and that he can hear traffic and UTVs on that trail. Mr. Duncan stated that he is concerned about the increase in traffic and that the utility access corridor that goes straight into Rosetree Lane may have to be gated off. Dean Nebergall stated that he lives on Walker Street, that he is a retired Civil Engineer and that the neighborhood is a great, quiet place where children play in the street. Mr. Nebergall emphasized that the criteria for approval is the clear possibility for minimal negative impact. Mr. October 28, 2014 PUBLIC COMMENT (CONTINUED) Agenda Page 4 of 7 Page 8 of 116 Nebergall stated that he couldn't find facts that supported the finding in the staff memo of minimal impacts on the neighborhood. Mr. Nebergall stated that he had visited the City Planning department to review the traffic study that was referenced in the staff memo and that the traffic study could not be located for review. Mr. Nebergall stated that as a retired Civil Engineer that he supported Jim Webster's traffic projections including a significant increase in ATV and motorcycle traffic. Mr. Nebergall stated that the potential increase in noise levels would be a negative impact on the neighborhood and that the grade of the road will impact the noise and safety as well. Mr. Nebergall stated that the proposed project has a significant chance to negatively impact the surrounding neighborhoods and he urged the City Council to protect those neighborhoods. Mike Steele stated that he lives at 110 Arches Drive and that his home is a very sacred place for him and his family. Mr. Steele stated that the proposed bed and breakfast has caused a lot of emotions in his home and that he has researched the Moab Municipal Code and found several key points of non-compliance. Mr. Steele stated that applicants must clearly show that the project won't change the character of the neighborhoods. Mr. Steele made a sincere plea for the City Council to protect the integrity of his neighborhood by putting the application to rest. Kathy Cooney stated that she has lived at 895 Locust Lane for 28 years and that while Mulberry Grove doesn't allow car traffic, it is noisier than her quiet neighborhood. Ms. Cooney stated that she considers quiet to be a tonic and that when she walks up the hill behind her house she can hear the individual noises in her neighborhood. Ms. Cooney stated that she is not against entrepreneurship and wants to keep friendships in the neighborhoods. Ms. Cooney also stated that she wants the McElhaneys to be happy and keep the neighborhood happy and that she's not sure how to achieve that. Ms. Cooney stated that patrons will stay at a bed and breakfast for one night but the neighborhood is there every night for years. Janet Steele submitted a written comment for the public hearing stating that she is opposed to the proposed project. Anne Clare Erickson submitted a written comment for the public hearing stating that she does not think that the applicant has shown the project will not change the character of the neighborhood. Ms. Erickson stated that regardless of the proposed project being marketed to jeepers and ATV users, there will be additional traffic noise which she finds October 28, 2014 PUBLIC COMMENT (CONTINUED) Agenda Page 5 of 7 Page 9 of 116 unacceptable. Ms. Erickson urged the City Council to please listen to the PUBLIC COMMENT residents of the neighborhood. (CONTINUED) Glen Wanczyk and Rob Fleming submitted written comment for the public hearing. Mr. Wanczyk and Mr. Fleming stated that they live at 687 Hillside Drive and respectfully requested that the City Council carefully consider the petition for the conditional use permit which they as neighbors oppose. Mr. Wanczyk and Mr. Fleming stated that they believe the increased traffic and light and sound pollution will negatively impact the peaceful environment of their neighborhood. Mr. Wanczyk and Mr. Fleming requested that the City Council carefully consider the integrity of the original intent of the Municipal Code in question and uphold the promise of safety and peace to the homeowners and neighbors in this peaceful community. Jeramey and Mary McElhaney stated that they are the applicants of the proposed bed and breakfast and that they had sent a letter to the City Council previously. Mr. McElhaney stated that he believed all of the neighbors would be happy to see them go and that they had not threatened to build that they were building now. Mr. McElhaney stated that he wanted to correct that Mary does have an employee for her daycare business and that the first child arrives at their house at 4:45 AM and that he wanted to correct previous comments that he is not the Red Rock 4-Wheelers president and had not been since 2007. Mr. McElhaney also stated that in response to ATVs on the hill and utility corridor that his proposal includes a fence to limit access to those areas. Mr. McElhaney invited the Mayor and City Council to visit the site to see where the front door would be. Mr. McElhaney stated that he had thought through how to make the building easier on his neighbors when he was designing the building and the layout on the lot. Mr. McElhaney said that they would be willing to listen to comments or suggestions. Mayor Sakrison stated that public comment would be accepted until the November 25, 2014 Regular Council Meeting. Mayor Sakrison then closed the public hearing at 8:16 PM. Councilmember Peterson moved to approve Proposed Resolution # 46- 2014 - A Resolution Approving a Lease Agreement Between the Utah Department of Transportation and the City of Moab For the Lease of Lions Park UDOT Lions Park Lease Agreement. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Proposed Resolution #45- 2014 —A Resolution Approving the Solid Waste Collection Franchise October 28, 2014 PUBLIC HEARING CLOSED PROPOSED RESOLUTION #46- 2014, APPROVED Agenda Page 6 of 7 Page 10 of 116 Agreement. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. No action was taken on Consideration of Proposed Ordinance 412014-11 — An Ordinance Establishing a Six Month Temporary Land Use Regulation Pertaining to Short Term Rentals. There was no Correspondence to be Read. Under Mayor And Council Reports, Councilmember Ershadi stated that she had spoken to Linda Whitham of the Nature Conservancy and she had expressed an interest in using the Waste Water Treatment Plant water discharge for the wetlands. City Manager Metzler stated that staff would be in contact with Ms. Whitham. Under Administrative Report, City Manager Metzler stated that interviews had been conducted for the City Engineer position and that Police Lieutenant interviews would be conducted the same week. No Report was given on City/County Cooperation. Councilmember Ershadi moved to pay the bills against the City of Moab in the amount of $260,598.32. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Mayor Sakrison adjourned the Regular Council Meeting at 8:45 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder October 28, 2014 PROPOSED RESOLUTION #45- 2014, APPROVED PROPOSED ORDINANCE #2014- 11, NO ACTION TAKEN READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION APPROVAL OF BILLS ADJOURNMENT Agenda Page 7 of 7 Page 11 of 116 MOAB CITY COUNCIL MEETING November 25, 2014 Agenda ltem #: 6-1 & 6-2 Title: Approval of a Special Event License for the Moab Area Chamber of Commerce for the 2014 Winter Light Parade and Tree Lighting and Request for Waiver of Special Event License Fee Fiscal Impact: This event utilizes city equipment and staff. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Moab Area Chamber of Commerce Background/Summary: This event is an annual community event, held in Moab for many years. The tree lighting itself is actually performed by the City of Moab, so no Park Use Permit for Swanny Park will be needed. This event has been well -coordinated in the past and there have been no problems. J Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of the license. Recommended Motions: (1) "I move to approve the Special Event License for the Moab Area Chamber of Commerce for the 2014 Winter Light Parade and Tree Lighting. Attachment(s): Application materials Agenda Page 12 of 116 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL EVENT UCENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $90•00 LICENSE #: ZONE: 4,7-� NAME OF EVENT: l//0 DESCRIPTION OF EVENT: 1j0 ! i PA rA (tQ Ci Tr et- �j ��. �'] hc�J LOCATION OF EVENT: Ptv -r cL 5 6tx r uv .rn f t v) � lAf a Yl rl v, Pa v U_ --Pij r p a r a idi 1 t U r' PREMISES TO BE USED: ry) ra I. r-1 TEMPORARY STRUCTURES TO BE USED (IF ANY): IDe[ etn k-,�Q v-- Z u' (---4 DATE(s) AND TIME(S) OF EVENT: i �� 0 ANTICIPATED # OF EVENT PARTICIPANTS: EVENT SPONSOR S NAME: 'YID (D C{ 10 aha .j� . � crvir _ rvcrcQ PH�O-N-E: d C] SPONSORS ADDRESS: r C Ce h r CITY: ' V l �� 2 STATE: U I ZIP:3 SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: + j/A SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. j 1n T�f IIIIVE CfEAY 1 NiEBllitAGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB I I' CITY SPECIAL EVENT 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. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPONSOR. ponsor uata State of Utah SS County of Grand ) SUBCRIBED AND SWORN to before me this / b day of , 0 10I JENNIE ROSS Notary Public State of Utah Comm. No. 661521 My Comm. Expires Dec 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 13 of 116 Q CITY of SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: PA S-1. 114 61 MOAB CITY CODE: 11.01. 2x) SIGN PERMIT: Mu F73I MOVED -ON NECESSARY: ❑ YES piiNo REQUIRES PLANNING] COMMISSION APPROVAL ❑ YES NO REVIEWED BY ZONING ADMINISTRATOR: DATE: I14 ' le- NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: '/�� 1 V cti9 Clam J � f 1 Ify �� L . � py �y ( -) PHONE: 0._ r� 7y i 4 d I cfni t v- V CITY: + 0A. /-) STATE: UT ZIP: 14 3 L \_._______jr -._.. __--- . NAME OF EVENT: '\A, b A10 C•l l afir19 IDV f r mm s f f 1 0 LOCATION OF EVENT: � { 1 is • C irl -Pre, -43?-- a s o m b-1..( Vj � 1 ZONE: P-2 - SpectAv DietAT r i 6.( (j ---rr1---114-1---) no DETAILED DESCRIPTION OF SPECIAL EVENT: An in tAfir i—ob _ ci' , l Fa ifz( r Page 14 of 116 d 06116/0S Q MMR B EST.1958 CHAMBER of COMMERCE November 10, 2014 Dear Moab City Council, The Moab Chamber of Commerce is planning the Electric Light Parade and the City Tree Lighting Ceremony, to be held December 5th and 6th. We ask that the event fee be waived, as this is a community event. The event is provided by volunteers and donations from local businesses. The Chamber would like to thank Moab City for their support every year in helping us bring this event to the community. Thank you for consideration of this matter. Sincerely, C AU— 4k9 L g , Jo✓54f� e Hu entobler Exekutivector Moab Chamber of Commerce Moab Chamber of Commerce, 217 E. Ceder S$ 0255,R Moab, Utah 84532 phone: 435-259-7814 www.mach&nber.com MOAB CITY COUNCIL MEETING --November 25, 2014 Agenda item #: 6-3 Title: Approval of a Change of Location for a Private Property Vendor License for Quesadilla Mobilla at 89 North Main Street Fiscal Impact: This action will have a minimal impact on the City's fiscal situation. Department: Administration Applicant: Steven Lucarelli and Carrie Finn Summary: Quesadilla Moabilla was previously approved for a Private Property Vendor License at a previous location. The applicants would like to relocate to 89 North Main Street and have submitted an amended application. They are very familiar with the terms and conditions of the Vendor regulations and have met all of the application requirements during their past year of operation. Staff have reviewed the amended application for the new location and have found no issues with operation at the proposed location. Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of the Change of Location for a Private Property Vendor License for Quesadilla Mobilla at 89 North Main Street Food Vendor License for Quesadilla Mobilla according to the site plan and other application materials they have submitted. Recommended Motion: "I move to approve the Change of Location for a Private Property Vendor License for Quesadilla Mobilla at 89 North Main Street Food Vendor License." Attachment(s): Application Materials 1 Agenda Page 16 of 116 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL - YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB FEE: $ (AS DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NAME: m b i d& BUSINESS MAILING ADDRESS: PO Box 4(I,3 CITY: MOc>L e-mail address: ckues4..je i L,A,04 &Ly r~ue I , Gorr/ Location(s) where business will be conducted: Attach agreement of authorization from property owner(s) including employee use of Restroom Facilities BUSINESS PHONE: 113s- 2 0- 0Z 8y STATE: Ur ZIP: 1 45,3Z_ Length of time and/or specific dates business will be conducted: 14o.r.ek I tt 2 b 1 S — Seth04er 304-4 Z015 Proposed hours of operation: 11 a,-m, to . 8/:.4,2 Tho-kj y 4-/•».J17 Ma.11- y Type (see definitions): ❑ Cart fig Vehicle ❑ Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor ® Private Property Vendor ❑ Local Vendor ❑ Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: dues; llas 0.4 e4-1fikt BUSINESS OWNERS NAME: 6-4ev,n Lut�.relG �d L hrre.e Fin PHONE: 303 al -oy7 OWNER'S ADDRESS: 309 E IUO.' it 6 CITY: /tiot+6 STATE: ur 84/532 OWNERS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: OWNERS SOCIAL SECURITY NUMBER: DATE OF BIRTH: OPERATORS NAME (IF DIFFERENT FROM OWNER): PHONE: OPERATORS ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP: SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION): NAME REGISTERED WITH THE STATE FOR TAX ID: Ow co-.) 3 /q /Ka la& 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 FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 17 of 116 VENDOR APPLICATION CHECKLIST ❑ DESCRIPTION OF THE DISPLAY, APPARATUS OR CART OF APPLICABLE) INCLUDING: ❑ DIMENSIONS OF THE STRUCTURE Cg PHOTOGRAPHS OF STRUCTURE ❑ SITE PLAN TO A 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 OF PROPOSING OPERATION /N 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 INSPECT/ON 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 A SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 11/27/2013 T: IBUSINESSLICENSESIBUSLIC FORMSIBns Lic - Vendor revison.docx Page 18 of 116 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 BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): ❑ OTHER, PLEASE EXPLAIN: BUSINESS NAME: BUSINESS ADDRESS: a es4J Pa M06111( 8qN S+, Moab, uT s OWNERS NAME: �FPLf t n �(/L -G fie TYPE OF BUSINESS (EXPLAIN IN DETAIL): rat,,) 7-rut.% BUSINESS PHONE: LW' 20 --0281 OWNERS PHONE 3o3- 66q -17y7 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 ONO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED !Tr -DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: ❑ YES RNO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVEDFDISAPPROVED ❑ REASON: HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD INSPECTION REQUIRED: YES ❑ NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION To APPROVED Ef DISAPPROVED ❑ REASON: 07/01105 Page 19 of 116 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 (435) 259-5121 FAx (435) 259-4135 Property Owner Authorization Letter Date. City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 This letter is to certify that I, t-lot (kp✓" (property owner name) am the owner of the property located at g q /1/1 u c h 01 P81(0 - 00 2 0 (property address and parcel tax ID #) Li r I understand that cx crs e fine\ v e�1 i care- (I i (name of business license applicant) has applied for a business license for ��� o, d`� t °- f\a.b\o.‘ c` (applicant business name) from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. Signature Telephone # S2 ".-a- "11ckGce Printed Name Email �vucir'S < nt�. Please list additional businesses authorized to use the above property and restroom facilities: Page 20 of 116 COY 0/., oi... MOAB uny or ivioao 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: J Name of Applicant: j fe,ue n Luc.o re lI ` Business Name: OuescJ,k, Address: 8c N /146,.*./1 Sf. Phone: U35- Zd 0 -OZ�'q Property Owner: c'-1 n o. f 10.VN ; Email: 4.4.1 ,, I-0 r'h Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): O Street Vendor O Sidewalk Vendor S. Private Property Vendor 0 Local Vendor O Food Vendor Type (see Moab Municipal Code Chapter 5.64.010 for definitions): 0 Cart SI Vehicle O Display Apparatus /� Detailed description of business activities: 'the_ 5,,Je er cluesL1.44410 r Total number of off-street parking spaces: i Hours of operation: 11 c.M to To be filled out by city: Zoning: C Allowed use per Moab Municipal Code section: 11. Number of parking spaces required for permanent business. No Pte-MaNalT Gust Ness Number of parking spaces required for other businesses: giA ytTnnu 4-6AzY\ Zoning Administrator C Q 11•ICHi. Date Page 21 of 116 100N Street Parking Main St. Sidewalk Sidewalk 31' Quesadilla Mobilla i 25' Red Rock Lodge Sign Tree T 12 Tree Tree �8� I ,O Tree Power Pole Power Outlets Moab Gallery Storage Shed Restroom Access Parking 20' 52' 48' C Q Page 22 of 116 Alley c - tor" A • . — • licf.'3' GOlUIRlitrT 15:.tgadi tta. r4 I PI e r Mobi IAA !v. e . - Google Maps Page 1 of 1 Business Parking Exception Request The owners of the Quesadilla Mobilla would like to request an exception to the Vendor Business License parking rule of one space per temporary structure as stated in the City Code chapter 5.64.050 lines 11-a. The reasons for this request are as follows. • The majority of our customers are walk-up. • There are numerous parking spaces located on the south side of 100N between 100W and Main St. and a public parking lot is located behind our requested business location less than half a block away. • Our business only provides quick service so any customers arriving by vehicle will be using short-term parking. magery.^.2014 Geogle, tt4ap data G2014 Goggle CO Page 24 of 116 & ttps://www.google.com/maps/A38.5744785; 109.5514187,218m/data=!3ml!le3 Q 11/4/2014 f ,agenda Summary CITY COUNCIL MEETING 1...ISLQvember 25, 2014 l PL-14-173 Agenda ltevn # 7-2: Title: Decision on Resolution #39-2014 Approving a Requested Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive as Favorably Referred to Council by the Planning Commission Staff Presenter(s): Jeff Reinhart Department: Planning and Zoning Applicant: Jeramey and Mary McElhaney History The Planning Commission held a public hearing on September 25. Many of the issues raised were addressed by research City Staff conducted at the request of the Planning Commission and additional information was provided by the applicant. A Planning Commission memo from September 25 (PL-14- 060) is attached your review as well. Subsequent to the hearing, the Commission voted 3-0 to favorably refer the application to Council for approval. Four conditions were established in Planning Resolution #11-2014 and include: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. As shown below, Council may add other conditions for the approval of this bed and breakfast. Review Criteria and Conditions for Approval: 17.09.530 contains the criteria that the Council and Planning Commission must use to evaluate the application. These were read to the Planning Commission prior to making their decision to favorably refer the application to Council and the Planning Commission determined that the reasonable conditions were being met with reasonable effort by the applicant in accordance with state law. 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 1 Agenda Page 25 of 116 City Council November 25, 2014 Conditional Use Permit 100 Arches Drive Page 2 of 6 The Planning Commission found that the proposed B&B is compatible with the surrounding uses as expressed in the terms of: • Appearance and architectural scale and features. The home is similar in size and will incorporate similar architectural features as the neighboring properties. Also, the garage/guest areas will be similar in size to a garage/shop constructed on an adjacent property. • Site Design and scope. The proposed scale of the home and garages could overwhelm a smaller parcel of land, but the subject lot, at 19,063 square feet, is one of the largest in the neighborhood. • Additional landscaping in the form of a tree line planted on the west edge of the property will serve as a visual buffer to the properties below and a privacy fence will screen the parking area for the guest units from the street and the adjacent property to the east. • Vehicles will not back into the traffic but will have sufficient room to maneuver so that a front approach into traffic can be completed. • The property owner will be living on the property and this is the greatest and best deterrent to noise and other undesirable issues. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. • As required under state law the applicant has made every reasonable effort to mitigate any reasonably anticipated impacts on adjacent properties. While storm water drainage and traffic surfaced as the issues of most concern, development of the property will help in curtailing some of the runoff. As the development is currently platted, all of the drainage from the adjacent and nearby properties is directed toward the McElhaney's lot. The landscaping and gravel areas will absorb some of the generated runoff of both the street and the new home. • The 5 units will generate traffic that is equal to one single family residence of ten trips per day. During the public hearing it was erroneously stated that a previous memo said that it would be nearly 10 trips per unit per day. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. • The applicants must provide sufficient water and sewer services for the residence as well as the B&B. There will be no outdoor storage of products or equipment necessary for the operation of the B&B as per various code sections. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. • The affected lot is the final undeveloped lot on the street and all services are fully available to adjacent and nearby properties. This use will not detract from the listed services. Off street parking spaces exceed the two spaces for the residence and the five for the bed and breakfast. Agenda Page 26 of 116 City Council November 25, 2014 Conditional Use Permit 100 Arches Drive Page 3 of 6 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. • An acceptable level of property maintenance must be sustained for the safety and comfort of the applicant and his family as well as for guests of the B&B. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. • The applicant has demonstrated that the proposed B&B does conform to the regulations of the code. Hours of operation were never adopted in the original language of the B&B ordinance and substantial time and effort was expended on the development of the B&B regulations. • Parking and loading areas meet or exceed the requirements for the guest units as well as the single family residence. Signage, if used, will be addressed under a separate application and shall follow the minimal requirements of MMC Chapter 17.09.531 (9) B.6. 7. The use is consistent with the city of Moab General Plan as amended. • The Plan discusses mixed uses and mitigating the impacts on adjacent residential uses that may be created. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. • In an effort to protect his current home from impacts of storm water, the applicant has already taken some steps to provide slope retention and re- direction of water runoff. Additional efforts will be realized when the property is landscaped and the gravel areas are installed. Hillsides will be stabilized further with plantings of ground cover and trees. In addition, the applicants must comply with the specific preconditions as established in MMC 17.09.531(9), Bed and Breakfast, as follows: 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. • The bed and breakfast will generate the equivalent traffic per day of one single family residence Agenda Page 27 of 116 City Council November 25, 2014 Conditional Use Permit 100 Arches Drive Page 4 of 6 • This is all new construction and will be built regardless of the issuance of the conditional use permit. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only. • The parcel is one of the largest in the neighborhood and while seven rooms could be offered for rent, the applicant will construct five rooms. • Parking is exceeded as noted above and 8-9 spaces are being provided for the rental units. 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). • The units are well under this ratio for the size of the lot. 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. • As noted above, five rooms will be used for the bed and breakfast. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. • The rooms are designed to house only two persons. 6. Signs are limited to one non flashing sign not larger in area then two hundred twenty- six square inches. If lighted, the light shall be defused or shielded. • A sign will be permitted under a sign permit and an application has not yet been submitted. The sign must be designed to follow the listed requirements. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020. • This is a requirement and cannot be avoided. 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. • This is a requirement that the applicants will have to follow. Not collecting the taxes or applying for a business license will void the conditional use permit. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required. • The structures will be inspected by the building department as construction progresses and a Certificate of Occupancy will not be issued if there are deficiencies in the structures. Agenda Page 28 of 116 City Council November 25, 2014 Conditional Use Permit 100 Arches Drive Page 5 of 6 The Planning Commission and the City Council, respectively, may establish additional conditions of operation, location, arrangement and construction in the issuance of a conditional use permit if deemed to be in the public interest or to assure compliance with other aspects of the Moab Municipal Code. Brief Summary of the Project: Applicant: Mary and Jeramey McElhaney Location: 100 Arches Drive Proposed development: • Property area: 24,830 sq ft • 3,721 square foot residence • Attached garage/rental structures of 1,152 square feet and 864 square feet • All structures are two story • Five (5) rooms for short term rentals constructed on second floor of garage structure • Larger structure will be a four car garage on the ground level • Smaller structure will be a two car garage/shop area on the ground floor Parking: Exceeded • Five off street spaces for the rental units • Six enclosed off street spaces for the residence • Four spaces for trailer parking Landscaping/fencing . Buffers adjacent uses including homes below the rim of the property . Fence will obscure the parking area for the rentals from the street and adjacent property Recommended Motion: I move to adopt Resolution #39-2014 approving the bed and breakfast for the property located at 100 Arches Drive with the conditions that: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. Attachment(s): Resolution #39-2014 Planning Commission Memo PL-14-060 Site Plan p:\planning department \2014\correspondence\p1-14-073 ccarches dr hal decision.docx Agenda Page 29 of 116 CITY OF MOAB RESOLUTION #39-2014 A RESOLUTION CONDITIONALLY APPROVING A CONDITIONAL USE PERMIT FOR A BED AND BREAKFAST LOCATED ON THE MCELHANEY PROPERTY AT 100 ARCHES DRIVE IN THE R-2 ZONE WHEREAS, Jeramey and Mary McElhaney at 95 Arches Drive, as the Owners of record ("Owners") of a 24,830 square foot (.57 acre) parcel of property also located in the R-2 Zone at 100 Arches drive, have applied for a conditional use permit to establish a bed and breakfast at the described property; and, WHEREAS, the Owners have provided the City of Moab with the necessary documents, plans and, drawings to complete the application for said use as required under Land Use Code Chapters 17.09.530 and 17.09.531; and, WHEREAS, the proposed five -room bed and breakfast is allowed in the R-2 Zone only if the Owner lives on the property and is granted a conditional use permit as provided in Chapter 17.09.530; and, WHEREAS, the Planning Commission reviewed the application in a duly advertised public hearing held on September 11, 2014, and subsequently adopted Resolution No. 11-2014, at said hearing, favorably recommending the application to City Council (Council); and, WHEREAS, Council reviewed the application in a duly advertised public hearing on October 28, 2014 to hear testimony and review the code requirements for the use of a bed and breakfast; and, WHEREAS, Council determined that the proposed bed and breakfast appears to be in compliance with the requirements of the applicable chapters of the Title 17.00, Moab Land Use Code for a conditional use permit and specifically or a Bed and Breakfast; and WHEREAS, having considered public comment, Staff recommendations, and discussion of the pertinent aspects of the development, the Moab City Council does hereby find, determine, and declare, that all applicable provisions of the Moab Municipal Code have or can be met. NOW, THEREFORE, be it resolved by the City Council that the conditional use of a bed and breakfast on the above described property is approved with the following conditions: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. 4. The daycare center will discontinue operations once the bed and breakfast facility is operational. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on the day of , 2014. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel Stenta, Recorder p:\planning department\2014\resolutions \ council \#39-2014 arches hEh.docx Page 30 of 116 c,o,u.r`4"°r ' rela- r491£5 " @ATM 3 ®s5 Era 64,24_ N+ s«Ge_ #6,0, o 4'ertro 16' x S. A'r 9' Dow 0°A- _�: ,,..,__ T 06-ve,.. v ay (oneee.fe. gt}�1+.It 9 sfAci p,�wM w/- prop,ria I:ne- 70301-€, ca ca a JY'[M 1—k W o. £./envt f O O 1■.■+ 1■•••+ ice. MRligt.1 4/". rr pi '''kJ A!/, 4.Iv ,.// %.'16h%tili�I.l. I Arm 4-7 �S /tt, Lec4i� a� 7/,�re:9 r� 6s 1 J / 40.0' f / PLANNING AND ZONING COMMISSION MEETING September ii, 201� I Agenda item #3&4: / PL-14-a6a Title: Continuation of Public Hearing and Review and Approval of Planning Resolution #11-2014 for Approval of a Conditional Use Permit for a Bed and Breakfast to be Located in the R-2 Zone at 100 Arches Drive Staff Presenter(s): Jeff Reinhart, Sommar Johnson Department: Planning and Zoning Applicant: Jeramey and Mary McElhaney Background/Summary: The public hearing for this B&B application was reopened and continued to the meeting on September 25, 2014. The action item approving the resolution was tabled and will need to be taken from the table prior to any action being made. Several issues were raised by the attending citizens and Staff was directed to investigate the concerns and report back to the Commission with the results. 1. A misunderstanding about the status of a day care center and an additional business in a residence was resolved by Sarah Atherton of Utah Department of Health, Bureau of Child Development. There is no regulation that will prevent a day care business from locating in a residence that has an additional business within. If the day care business for 8-16 children was proposed in the new home, it could be approved through the conditional use permit process. The applicant has expressed that they no longer wish to have the day care business and are voluntarily terminating the use. 2. The drainage issue is complicated and the city has made an effort to organize the homeowners and an adjacent owner of undeveloped property to jointly address the issue. Apparently, some discussion has taken place between the parties, but this detail was not raised during the public hearing. Also, the city has in the past required storm water to be retained by individual property owners. This was manifested in a retaining wall that runs across the fronts of one of the lots on the northeast side of Arches Drive as shown in the attached pictures. The retaining wall serves two purposes: Slope stabilization and water detention. However, an enterprising resident has seen fit to breach the detention wall and illegally drain his storm water directly into the City right-of-way. In addition, the city has maintained a storm water easement and drainage ditch behind the properties in an effort to control the direction of storm water flows. The attached pictures indicate the bale dam that was installed within the drainage easement. 1 Agenda Page 32 of 116 3. Traffic was also raised as an issue and it was pointed out that the overall traffic count will drop with the termination of the day care business. The ITE trip manual indicates that a B&B can generate up to 8.9 Average daily Trips (ADT)/unit and a single family residence 10-12 ADT. However, independent local studies show that trips for a B&B are lower than the ITE information and that a single family residence can be much higher. Individual local single use studies are rarely completed and usually are conducted on a more regional context. The average trips are low because of the way that B&Bs function. Unlike an inn, B&Bs serve breakfasts where an inn will have lunch and dinner. So, once the lodger leaves for the day, they will rarely return until evening. Some will eat before returning to retire for the evening and others may return to the B&B to change before dinner adding a second trip to the traffic count. 4. Parking was raised as an issue and was addressed by the applicant. The code requirement is for the B&B to provide 1 space for each rented room. In addition, two off-street spaces must be provided for the owner of the residence. The parking plan shows the five required spaces as well as areas for 4 or more trailer spaces. In addition, the ground floors of the rental structures will provide up to six spaces for the residential use. 5. A concern about noise. The property owners must live on site. A B&B is not a nightly rental run by a manager who has no connection to the ownership of the property. 6. The Small Business Development center studies shows that where an inn employs an average of 4.6 people, the majority of B&Bs are family run and do not have employees. No additional help is required. The average number of rooms in a B&B is 8.5, up from 8 in 2000 so for the most part the businesses are small scale and remain so. Rural B&Bs get most of their business on the weekends and in the vacation season of April through September. Oftentimes they serve as a weekend getaway. In comparison, urban locations may be fully operational year round. ( 7. A description of the typical B&B guest may dispel other issues. A Michigan State study shows that B&B travelers are middle-aged, well-educated, (moderately) high income, married professionals. Latest studies also show that 82% of the travelers are married with just less than 50% having kids at home. The average age for a traveling party is 40 years old with 60% percent below the age. "This indicates that many B&B guests are at a mid -point in the traditional family cycle, when raising children is a primary activity. Newlyweds and "empty nesters" account for a smaller proportion and, only 9 percent of the market is attributed to adults over 59 years of age. 8. A comment made by one of the attendees of the public hearing, suggested support for the B&B if everyone in the neighborhood could do the same nightly rental. The code does allow each resident to apply for a conditional use permit to have the B&B use on their individual properties if they can meet the specific requirements as spelled out in MMC Sections 17.09. 9. In the written comments passed on to the Planning Commission, a reference to the prohibition of boarding houses in residential zones was made (MMC 17.71.030). Boarding houses were removed from residential areas because they were largely comprised of apartments (Cedar Breaks, Purple Sage, Fandango, etc., that were converted into nightly rentals. They did not have a managerial presence and usually a property management company collected the rents and Agenda Page 33 of 116 maintained the grounds. The bed and breakfast, on the other hand, requires that the property owners live on the premises. 10. Also, there were numerous complaints about the day care voiced during the public hearing portion of the meeting. However, staff has never received a complaint since the day care has been in operation. Process: A review of the requirements for this conditional use permit may be useful to the Commission. Code Section 17.09.530 contains the process for a conditional use permit and there are general criteria that must be used by the Commission to determine if the applicant has met or can meet the intent of the code. It is specifically understood that certain listed criteria may not apply to a particular application and the applicant is required to adequately demonstrate that the applicable criteria have been met: 1. The proposed conditional use and accessory uses are compatible with adjacent existing uses and other allowed uses in the zoning district. Such compatibility shall be expressed in terms of appearance, architectural scale and features, site design and scope, landscaping, as well as the control of adverse impacts including noise, vibration, smoke, fumes, gas, dust, odor, lighting, glare, traffic minimization or circulation, parking issues, or other undesirable or hazardous conditions. 2. The proposed conditional use has incorporated design features sufficient to protect adjacent uses including but not limited to: service areas, pedestrian and vehicular circulation, safety provisions, access ways to and from the site, buffering, fencing, and site building placement. 3. The proposed use is not detrimental to the public, health, safety and welfare through effective management or prohibition of outdoor storage, a required sewer connection, and proper disposal of waste. 4. Adequate public services such as streets, off-street parking, pedestrian facilities, water, sewer, gas, electricity, police, fire, and EMS protection must be available without the reduction of services to other existing uses. 5. Provisions for proper maintenance of the building, parking and loading areas, drives, lighting, signs, landscaping, etc. shall be provided. 6. The proposed conditional use shall conform to all regulations of this code concerning adopted plans, hours of operation, polices and requirements for parking and loading, signs, highway access, and all other applicable regulations. 7. The use is consistent with the city of Moab General Plan as amended. 8. The applicant must demonstrate that site impacts within the property as well as adjoining properties have been fully mitigated appropriate to the topography of the site. The review of impacts include, at a minimum, slope retention, flood potential, and possible damage to riparian or hillside areas. Agenda Page 34 of 116 After considering the public comment relating to the criteria listed above in relation to the requested conditional use permit, the Planning Commission shall adopt a resolution stating their findings of the applicant's demonstrated ability to meet the criteria. MMC Section 17.09.530 also contains the specific standards that individual B&Bs must meet. 1. Bed and breakfast facilities, rooming and/or boarding houses may be allowed as a conditional use permit where applicant can show evidence of compliance with outlined standards and procedures and where there is clearly minimal negative impact on adjacent residential properties and neighborhoods. An inspection by the building inspector, fire chief and health department shall be required prior to the issuance of a permit and as often as necessary for enforcement of this chapter. No person shall operate a bed and breakfast unless the person holds a valid permit and business license. For purposes of obtaining a conditional use permit, rooming and/or boarding houses shall abide by the same regulations as a bed and breakfast facility. 2. A letter of application sworn before a notary public shall be provided by the owner(s) stating that such owner will occupy the facility, as provided for herein. The letter shall be recorded by the city recorder with a certified copy to accompany the application. The letter shall also be submitted to the planning commission for its consideration. 3. The conditional use permit for a bed and breakfast facility shall be granted annually from the date of the original permit. At the end of the one-year period, renewal shall be granted by the planning commission if all other conditions required at the time of approval remain unchanged. 4. A change in ownership as defined herein will require a new conditional use permit. 5. Applicant must provide plot plans and building or floor plans one -quarter inch to the foot showing the bed and breakfast facility, parking and landscaping. Applicant must show that the facility meets minimum performance standards for off-street parking and landscaping as specified in Section 17.70.080(B). Plans shall be approved by the building inspector, zoning administrator, fire chief and health department. 6. Applicant must complete the bed and breakfast home occupation form in order to complete the conditional use permit application process. B. Requirements. 1. The bed and breakfast facility shall not unduly increase local traffic in the immediate neighborhood. Road design and access shall be considered in the planning commission's recommendation. Construction and alterations of bed and breakfast facilities shall not alter the residential character of residential zones and of the dwelling. 2. The parcel shall also be of sufficient size to be in scale with the number of people using the facility. All bed and breakfast rentals must provide adequate parking (required one off-street parking space per rental bedroom) in addition to needed parking for owners of the facility, have a maximum thirty -day stay, and meals shall be served to guests only (bed and breakfast: Zoning R2, R3, R4). Agenda Page 35 of 116 3. All units shall have a parcel to finished dwelling unit ratio that exceeds five to one (or no dwelling unit in excess of twenty percent of the total parcel size area). 4. No bed and breakfast facility shall rent for compensation more than seven rooms, except that suites that do not use a public corridor or passageway between suite bedroom areas shall be counted as one room. 5. No bed and breakfast facility shall allow more than two adults in any rental room unless the bedroom square footage is larger than three hundred square feet and does not use a public corridor or passageway between suite bedroom areas. 6. Signs are limited to one nonflashing sign not larger in area then two hundred twenty-six square inches. If lighted, the light shall be defused or shielded. 7. All bed and breakfast facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 8. All bed and breakfasts must collect and pay an applicable transient room tax, sales tax and city gross business license fee. 9. The bed and breakfast facility shall conform to fire, building and health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions deemed necessary for bed and breakfast facilities protecting public health, safety, welfare and the residential character of residential zones may be required by the planning commission. C. Appeals. Approval or disapproval of a bed and breakfast application by the planning commission can be appealed to the appeal authority within ten days of planning commission action. Options: The Planning Commission can: 1. Adopt Resolution #11-2014 as written and recommend that Council approve the conditional use permit for the plans of the bed and breakfast as submitted; 2. Adopt Resolution #11-2014 and recommend that Council approve the conditional use permit for the plans of the bed and breakfast with conditions; 3. Vote to not adopt Resolution #11-2014 and state their reasons; 4. Table the vote on the resolution until a later date and request additional information Staff Recommendation: Staff recommends that the Conditional Use Permit for the Bed and Breakfast located at 100 Arches Drive be favorably recommended to Council with conditions. Recommended Motion: I move to adopt Planning Resolution #11-2014 recommending to Council the approval of the bed and breakfast for the property located at 100 Arches Drive with the conditions that: 1. The bed and breakfast shall be reviewed each year for code compliance. 2. All lighting shall be downward directed and full cutoff as required in MMC section 17.09.660, H, Lighting Plan. Agenda Page 36 of 116 3. Fencing and/or landscaping shall be used to buffer the parking area and the entrance from the street. Attachment(s): Addendum Resolution #11-2oi4 Narrative Site Plan Nightly rentals as used in the context of 17.09.700 Residential short-term rentals prohibited. 1. Except for bed and breakfast facilities and guest apartments that comply with Chapters 17.70 and 17.71 of the Moab Municipal Code, the short-term rental of dwellings is prohibited in the following zones: A-2, C-1, C-5, FC-1, 1-1, 0-1, R&D-1, R-1, R-2, R-3, R-4, RA-1, and all other zones where short-term rentals are not listed as a permitted use. 2. A. For the purposes of this section, "short-term rental" shall be defined as: 1. The use, occupancy, rent or lease, for direct or indirect remuneration, of a structure or any portion thereof constructed for single-family or multifamily occupancy or of any other residential property for an effective term of thirty consecutive calendar days or less; 2. The commercial use, by any person, of residential property for hostel, hotel, inn, lodging, motel, resort or other transient lodging uses where the term of occupancy, possession or tenancy of the property by the person entitled to such occupancy, possession or tenancy for a term of thirty consecutive days or less. B. For the purposes of this section, "remuneration" means compensation, money, rent, or other bargained for consideration given in return for occupancy, possession or use of real property. (Ord. 07-09, 2007) p:\planning department\2014\correspondence\p1-14-060 pc arches b&b decision.docx Agenda Page 37 of 116 11/19/2014 ATV/Side by Sides B&B in Hillside Neighborhood - Google Groups Groups My groups Home My discussions Starred Favorites Click on a group's star icon to add it to your favorites Recently viewed City Council Budget Special Events Privacy - Terms of Service Search for topics +Rachel 4-1 POST REPLY Actions City Council > ATV/Side by Sides B&B in Hillside Neighborhood 1 post by 1 author S+H • andrew oakey .g:2 Oct 27 Dear City Council Members: I am emailing you to express my concern about the proposed approval of a Conditional Use Permit application to construct a Bed and Breakfast on Arches Drive. Please overturn the application for this conditional use permit. I own a home on Hillside Drive and I do not want ATV's and Side by Sides racing around the neighborhood; especially since is will put children at risk. The is a residential neighborhood; that means peoples homes; family; friends. Not business. The approval of this application would have a substantial negative impact on the neighborhood, altering the residential character of this residential zone. I specifically purchased a home in a neighborhood that was quiet; not expecting it would ever have a business located within it. Please do not jeopardize the residential character of this neighborhood. There are many other opportunities in this communtiy for a commercial business to become established. Thank you for the for your consideration of my concerns, and of the work you do each day for the City of Moab. Cordially, Andrew R. Oakey Click here to Reply Page 38 of 116 Agenda ogle.com/a/moabcity.org/forum/?h1=en#!topic/city-council/xC5YQyAOvBk 1/1 11/19/2014 B&B in Hillside neighborhood - Google Groups Groups My groups Home My discussions Starred Favorites Click on a group's star icon to add it to your favorites Recently viewed City Council Budget Special Events Privacy - Terms of Service Search for topics 1-� POST REPLY City Council > B&B in Hillside neighborhood 1 post by 1 author S+1 Actions +Rachel .0 * Tonya T Oct 27 Dear City Council Members: I am writing to you to express my concern about the proposed approval of a Conditional Use Permit application to construct a Bed and Breakfast on Arches Drive. Please overturn the application for this conditional use permit. I own a home on Hillside Drive and believe a Bed and Breakfast, especially of the scale proposed on Arches Drive, on a dead end street, deep in a neighborhood, far from the main city's thoroughfares, will have a substantial negative impact on the neighborhood, altering the residential character of this residential zone. I specifically purchased a home in a neighborhood that was quiet; not expecting it would ever have a busy business located within it. Please do not jeopardize the residential character of this neighborhood for the financial benefit of one person. Thank you for the opportunity to comment on this proposal, for your consideration of my concerns, and of the work you each do for the fabulous City of Moab. Sincerely, Tonya Troxler tonyaet@yahoo.com Click here to Reply Page 39 of 116 Agenda ogle.com/a/moabcity.org/forum/?h1=en#!topic/city-council/aUp--Epd_ow 1/1 11/19/2014 Bed and Breakfast Proposal - Google Groups Groups My groups Home My discussions Starred Favorites Click on a group's star icon to add it to your favorites Recently viewed City Council Budget Special Events Privacy - Terms of Service Search for topics +Rachel 1-1 POST REPLY City Council > Bed and Breakfast Proposal 1 post by 1 author 8+1 if Fox Den Lodge Greetings, Actions .ri Oct 28 As the owner of Yellowstone Vacation Rentals LLC, I am interested in the outcome of the current variance request before the Town Council. In discussions with my attorney, it appears that if the request for a Bed and Breakfast is approved, it would set the precedence for additional B&Bs in the same general neighborhood. Currently 1 am looking at three homes in the same neighborhood. One is located at the corner of Walker and Hillside Drive. This one is on the same access route as the location requesting the approval for a B&B. This would lead one to believe the any access issues, traffic flow etc. would meet the same criteria used for your decision. The other two homes are located on upper Hillside Drive in the same general neighborhood. All properties have ample parking space and/or the potential to add parking space on the property. They also have easy access to Sands Flats Recreational Area, making them attractive to all types of recreational users. Your decision on the current B&B request will direct my decision on making an offer on the homes with a contract stipulation based on Town Council approval for a B&B. 1 have no intention to move forward if the Town Council does not feel that B&B business opportunities meet the town's vision for this neighborhood. As owner of the Fox Den Lodge I encourage you can visit my website at: http://www.yellowstonevacationrentals-11c.com/home.html Sincerely, Michael Keator Michael Keator Sent from Michael's iPad Click here to Reply Page 40 of 116 Agenda ogle.com/a/moabcity.org/forum/?h1=en#!topic/city-council/NGtWkhIRZGk 1/1 11/19/2014 City of Moab Mail - Fwd: Proposed B&B on Arches Dr Grp i Fwd: Proposed B&B on Arches Dr 1 message Rachel Stenta <rstenta@moabcity.org> Carmella Galley <carmella@moabcity.org> Mon, Oct 27, 2014 at 8:03 AM To: City Council <city-council@moabcity.org>, Sommar Johnson <sommar@moabcity.org>, Jeff Reinhart <jeff@moabcity.org> Passing it on. Carmella Forwarded message From: Mayor Dave <mayordave@moabcity.org> Date: Mon, Oct 27, 2014 at 4:33 AM Subject: Fwd: Proposed B&B on Arches Dr To: Carmella <carmella@moabcity.org> Sent from my iPhone Begin forwarded message: Agenda From: Anne Clare Erickson <anneclare.erickson@gmail.com> Date: October 26, 2014 at 8:07:18 PM MDT To: mayordave@moabcity.org Subject: Proposed B&B on Arches Dr Dear Mayor Dave, Comments on Application for a conditional use permit for a bed and breakfast at 100 Arches Drive Dear Mayor Dave, Thank you for this opportunity to express our concern about the proposed B & B in the Hillside area of the Walker Subdivision. We strongly urge that you overturn the approval made by the planning commission. Allowing a B & B to be built in this area violates both the conditional use permit and the R-2 zoning of the area. A B & B can only be allowed "where there is clearly minimal negative impact on adjacent residential properties and neighborhoods". The additional traffic that will be a result of this B & B will be significant, especially as the applicant has in his plan space to park 4 trailers which makes it appear that he is expecting to have guests towing extra ATVs or jeeps in addition to the vehicles they pull them with. This will no doubt result in ATVs heading to the to the Sand Flats Road, creating additional and very noisy traffic through the neighborhood. And this increase in traffic is not appropriate as the code also states a B&B "shall not unduly increase local traffic in the immediate neighborhood." Please do not approve this application as it violates much of the code that is supposed to protect residential areas in our community. The increased noise from all the ATV use that has become part of Moab life is distressing to say the least, as one of the most cherished things about this Page 41 of 116 I e.com/m ai I/u/0/?ui=2&i k=Obf0a4325f&view=pt&q=bed%20and%20breakfast&qs=true&search=query&th=14951 eb02cac1 b98&si m 1=14951 eb0... 1/2 11/19/2014 City of Moab Mail - Fwd: Proposed B&B on Arches Dr town used to be the relative quiet. Please don't allow it to become a daily occurrence in our neighborhoods as well. Sincerely, Anne Clare Erickson and Paul Frank Residents of 329 Hillside Dr Carmella Galley Administrative Secretary City of Moab 435-259-5121 The information transmitted is intended only for the person or entity to which it is addressed and may contain CONFIDENTIAL material. If you receive this material/information in error, please contact the sender and delete or destroy the material/information. Please consider the environment before printing this e-mail. You received this message because you are subscribed to the Google Groups "City Council" group. To unsubscribe from this group and stop receiving emails from it, send an email to city-council+unsubscribe@ moabcity.org. To post to this group, send email to city-council@moabcity.org. To view this discussion on the web visit https://groups.google.corn/a/moabcity.org/d/msgid/city-council/CA% 2BUU9V5OXwb4xHeoPGkOxfCGAK%3D9FHNaSxDSoM9Aap-feoNOaA%40mail.gmail.com. Agenda Page 42 of 116 I e.com/m ai I/u/0/?ui=2&i k=Obf0a4325f&view=pt&q=bed%20and%20breakfast&gs=true&search=query&th=14951 eb02cac1 b98&si m 1=14951 eb0... 2/2 11/19/2014 Fwd: City council letter - Google Groups Groups My groups Home My discussions Starred Favorites Click on a group's star icon to add it to your favorites Recently viewed City Council Budget Special Events Privacy - Terms of Service Search for topics 1-1 POST REPLY City Council > Fwd: City council letter 1 post by 1 author " 8+1 Actions +Rachel .0 * Sommar Johnson Oct 27 Other recipients: jeff@moabcity.org Sommar Johnson Zoning Administrator/Planning Assistant City of Moab 217E. Center St. Moab, UT 84532 435-259-5129 Forwarded message From: Jeramey & Mary McElhaney <jermandmary@frontiernet.net> Date: Mon, Oct 27, 2014 at 7:18 AM Subject: City council letter To: "sommar@moabcity.org" <sommar@moabcity.org> Sommar, Will you please forward this on to the Mayor and City Council? Thank you, Jeramey and Mary McElhaney Attachments (1) City Council B&B letter.docx 15 KB View Download Page 43 of 116 Agenda ogle.com/a/moabcity.org/forum/?h1=en#!topic/city-council/F19PPk2urTc 1/1 11/19/2014 Fwd: Proposed B&B on Arches Dr - Google Groups Groups My groups Home My discussions Starred Favorites Click on a group's star icon to add it to your favorites Recently viewed City Council Budget Special Events Privacy - Terms of Service Search for topics +Rachel 1-1 POST REPLY City Council > Fwd: Proposed B&B on Arches Dr 1 post by 1 author " 8+1 3 Carmella Galley Actions .g:2 Other recipients: sommar@moabcity.org, jeff@moabcity.org Passing it on. Carmella Forwarded message From: Mayor Dave <mayordave@moabcity.org> Date: Mon, Oct 27, 2014 at 4:33 AM Subject: Fwd: Proposed B&B on Arches Dr To: Carmella <carmella@moabcity.org> Sent from my iPhone Begin forwarded message: Oct 27 From: Anne Clare Erickson <anneclare.erickson@gmail.com> Date: October 26, 2014 at 8:07:18 PM MDT To: mayordave@moabcity.org Subject: Proposed B&B on Arches Dr Dear Mayor Dave, Comments on Application for a conditional use permit for a bed and breakfast at 100 Arches Drive Dear Mayor Dave, Thank you for this opportunity to express our concern about the proposed B & B in the Hillside area of the Walker Subdivision. We strongly urge that you overturn the approval made by the planning commission. Allowing a B & B to be built in this area violates both the conditional use permit and the R-2 zoning of the area. A B & B can only be allowed "where there is clearly minimal negative impact on adjacent residential properties and neighborhoods". The additional traffic that will be a result of this B & B will be significant, acnarially ac tha annlirant hac in hic plan cnara to nark d trailarc Page 44 of 116 Agenda ogle.com/a/moabcity.org/forum/?h1=en#!topic/city-council/tOrUdxuf1Mk 1/1 Oct 21, 2014 Dear City Councilpersons We are writing to object to the B&B" being proposed for Arches Dr. In order to keep this brief we concur with Jon Kovash and his assessment of the issues, Jon has sent a detailed letter to you all. This proposal is commercial motel/apartment complex in a residential neighborhood. This proposal is not a traditional B&B, in fact, it is far from a traditional B&B in size and concept like Sun Flower Hill only more so. A traditional B&B was usually one bedroom set aside in house rented by the owner/occupant who then provided a continental style meal in the morning. The rooms will have any access rooms to a .motel room which also makes it very different than a traditional B&B. The guests will naturally feel free to come and go at all hours of the day and night and it's very probable noise levels will increase. During event weeks parking will also be an issue if the clients bring Jeeps, trailered vehicles, ATVs etc. This development will directly and negatively affect us and our neighborhood. We live on Locust Lane. As most of you must know Locust Lane is a main feeder into the Walker/Arches subdivision. We are experiencing more traffic on Locust lane from the increased volume at Milts Stop and Eat and Dave's Market and Wabi Sabi. Swasey's property (the old "Locus Lane shop") is also zoned commercial. Milts volume is several times what it was just a few years ago. This proposal is a preventable encroachment into our neighborhood. Adding a new business and building this size to the eastside of the neighborhood will certainly further increase the traffic on 400 East, Hillside, 200 South, Locust Lane, Tusher and Walker Streets. Mill Creek Dr. is getting busier every year and some of that traffic ends up on our side streets. There should already be a walk light at the crosswalk at Locust and 400 East especially for the school children that attend the Charter School and those that catch the bus to HMK. The old Red Rock School property is currently undeveloped but we know that will not always be the case. The traffic impact from that future development will have additional negative impacts to our residential neighborhood. We agree with the residents on Arches Drive. It's quiet cul de sac that will be forever changed in a very negative way if you approve the conditional use permit. Please don't over commercialize our R2 neighborhood. co a C Q Page 45 of 116 Please don't ignore local residential objections. Residential concerns should trump requests for special treatment by developers. We are surprised that P&Z approved this project! The road has a steep sharp switchback and it's a cul de sac -one way in and one way out. in addition, we feel it would be proper for Doug McElhaney to recuse himself from the debate and the vote due to his son requesting this questionable conditional use permit. Thank You John Hartley & Barbara Dicks 514 Locust LN Moab UT co a C Q Page 46 of 116 11/19/2014 Public Comment - McElhaney B&B, Arches Drive - Google Groups Search for topics Groups +, My groups Home My discussions Starred Favorites Click on a group's star icon to add it to your favorites Recently viewed City Council Budget Special Events Privacy - Terms of Service POST REPLY Actions +Rachel City Council > Public Comment - McElhaney B&B, Arches Drive 1 post by 1 author'7 8+1 * Christina Sloan City Council: .g:2 Nov 12 On behalf of the residents of Arches Drive, please attached find my additional public comment regarding the McElhaney Conditional Use Permit application for the proposed B&B on 100 Arches Drive. I will mail a paper copy as well. Thank you - Christina R. Sloan, Esq. The Sloan Law Firm, PLLC 76 South Main Street, Suite 1 Moab, UT 84532 435.259.9940, work 970.309.2995, cell The information contained in this e-mail message is protected by the ATTORNEY CLIENT AND/OR THE ATTORNEY WORK PRODUCT PRIVILEGES. It is intended only for the use of the individual named above, and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this e-mail message or any other reader is not the named recipient, or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone, and permanently delete the message. Should you have any questions, please contact The Sloan Law Firm, PLLC at 435.259.9940. Attachments (1) i Page 47 of 116 Agenda ogle.com/a/moabcity.org/forum/?h1=en#Itopic/city-council/CIU Vz0Xg3s 1/1 THE SLOAN LAW FIRM, PLLC Christina R. Sloan sloan@thesloanlawfirm.com www.thesloanlawfirm.com * licensed in UT and CO November 12, 2014 Moab City Council 217 E. Center Street Moab, Utah 84532 76 S. Main Street, Ste. 1 Moab, UT 84532 435.259.9940 Re. Additional Public Comment - McElhaney B&B (100 Arches Drive) On behalf of the residents of Arches Drive and based on my comments made at the October 28 Public Hearing, please accept this letter as additional public comment on the McElhaney Bed & Breakfast Conditional Use Permit Application. The residents of Arches Drive are unanimously opposed to the proposed McElhaney B&B at 100 Arches Drive. As you know, this project consists of a 5-unit overnight -rental commercial project comprised of nearly 6,000 sq. ft. of new building, including 2 large garages housing 6-cars, in a high quality residential area. You can and should deny the conditional use permit under City Code § 17.09.530 for two reasons: 1) the use and scope of this project is incompatible with surrounding residential uses and will forever change the character of this Residential Neighborhood east of 400 E; and 2) the applicants have not shown that this project will have "clearly minimize negative impact on adjacent residential properties and neighborhoods." Incompatibility with Surrounding Residential Uses This City Council has approved conditional use permits for B&Bs in residential zones before. However, this project is different. There are 6 unique characteristics about this particular project that set it apart from other CUPS the Council has considered in the past. Importantly, these 6 factors make it impossible for this particular project to be compatible with surrounding residential uses: 1. Location East of 400 East: The neighborhoods east of 400 East are some of the highest in residential quality left in the City. There are virtually no commercial uses in the immediate vicinity of Arches Drive. A lot of families and kids play in this area; and, yet, at night, these are some of the quietest streets in town. Moab's tourist economy is busier for longer seasons than Page 48 of 116 McElhaney B&B Page 2 of 5 ever before. These quiet residential areas, especially at night, are the locals' sanctuary. The proposed project will forever change the character of Arches Drive and several nearby residential neighborhoods located east of 400 East, especially those streets used to approach to Arches Drive, including 200 S, Hillside, and Walker and Tusher Streets. 2. Hillside Location: Arches Drive is located at the top of 200 S and around the curve at the top of the hill. As part of the proposal, the Applicants will build parking for 4 trailers to serve 5 units. That means that motorized enthusiasts will be attracted to this in -town B&B, which will lead to more trailer and ATV traffic in the area. Commercial, trailer, and ATV traffic going up and down a hill like this causes additional traffic issues and wear -and -tear on City streets. There is already a speeding problem down 200 S, especially in the westerly direction, which is due to the fact that it's a straight road leading downhill. This creates a safety issue for the many Moab children that learn to ride their bikes here. The City cannot approve commercial uses in this area without first installing sidewalks. Regardless, the proposed project will forever change the character of our hillside neighborhoods, including Arches Drive, 200 South, and Hillside, which streets will require significant improvements if commercial use is allowed in this area. 3. Dead-end Street: Arches Drive is a dead-end street, at the top of the hill. The appropriate place for commercial development is in areas where you can diffuse traffic with multiple routes in and out. This is important for both fire and emergency vehicle safety, but also for drainage and general traffic patterns. The proposed project will forever change the character of Arches Drive, historically a quiet and tranquil dead-end street. 4. Cul de Sac Placement: The proposed B&B would be built at 100 Arches Drive, which is the last lot at the end of a dead-end street. Traffic of all types (pedestrian, vehicular, bike, and ATV/motorcycle) must pass by every single home on Arches Drive, coming and going. The nearby residents do not want increased motorized traffic on their streets. And, they do not want an increase in non -motorized traffic either, which will bring strangers across or into their yards. The proposed project will forever change the character of Arches Drive, where Moab's children have always felt safe. 5. New Building: It is unprecedented for the City to approve commercial use in a new building in a high quality residential area east of 400 East, especially given the critical attention nightly rentals have received by the City and our community recently. Approving this project would set a precedent that no one in town wants to see come into reality. The proposed project will forever change the character of Arches Drive with new commercial construction. 6. Scope of Project: The project includes nearly 6,000 square feet of new building, including 2 large garages for 6 cars. The Applicants have planned 4 trailer parking spots and additional overflow parking. This project is large in scope, and it is not compatible with the high quality residential neighborhood — not Arches Drive, not Hillside and streets to its West immediately below the project, and not the remainder of the high quality residential streets east of 400 east. Page 49 of 116 McElhaney B&B Page 3 of 5 The proposed project will forever change the character of Arches Drive by promoting a scale of development best suited for Main Street or Moab's downtown core. The City changed its Code to disallow overnight rentals as permissible by right many years ago for a reason. Commercial uses of this type are not compatible with high quality residential uses. This project, due to the 6 factors discussed above, will create issues with neighbors and safety concerns for our families and children. The police will be called due to traffic and parking problems on all the surrounding streets; the City will be dragged in to enforce the Code; the situation is likely to get ugly again one year from now between the entire neighborhood and the Applicants when the City reassesses the project for compliance. Let's not create more strife in Moab — please deny this application now. The CUP process was created to allow special exceptions to be made ONLY IF applicants made certain showings to the Council. The burden is on the Applicant, and the Applicant has failed to show how the proposed B&B is compatible with surrounding existing residential uses. In addition, it has been widely reported that the City, and our community, is concerned about the continuing emphasis of new growth on overnight rentals in our residential areas. This attention shows a trend in public policy; the Moab community does not want nearly 6,000 sq. ft. of new build for overnight rentals east of 400 East. The 6 factors discussed above make this project incompatible with the neighborhood — and for this reason, the City Council can and should deny the CUP application. Maximum Negative Impact on Surrounding Residential Areas Neither the Applicants nor Staff has shown how the proposed project minimizes negative impact on surrounding residential areas. In fact, there are a number of outstanding issues that have not been resolved, including the following issues not already addressed above: 1. Traffic: This proposed project will increase the total number of vehicle trips on Arches Drive as well as the number of night-time and weekend trips when neighborhood residents are home most. Both Staff and the Applicants have stated that "there will be a noticeable decrease in neighborhood traffic because of the closing of the daycare." This is simply not proven. Total Traffic Trips The Applicants statements regarding the maximum number of kids they can watch under their license and potential maximum traffic trips do not reflect the reality of traffic actually created by the daycare. Arches Drive residents believe the daycare leads to up to 12 total traffic trips per day, not 64 trips as Applicants assert in a letter to the City Council. Page 50 of 116 McElhaney B&B Page 4 of 5 By contrast, the Staff s estimates of traffic created by the B&B is alarming — 8.9 traffic trips per day per unit based on traffic studies. While the Staff Report states that this is likely high, even half of that estimate totals 20 to 25 traffic trips per day on Arches Drive. That's more than double the estimated current daycare use. And, according to studies cited by Staff, the B&B could lead to 4 times more traffic than the current daycare use. Plus, the daycare has a natural life, based on the Applicant's interest and physical ability to continue to care for kids. Overnight rentals are more dangerous to the character of the neighborhood. Once commercial use is approved, it is very hard to undo — even in the face of enforcement issues. This otherwise high quality residential area will be forever changed by regular commercial traffic and noise. Nighttime and Weekend Use The timing of the traffic associated with the B&B will increase the negative impact on residents of Arches Drive and the surrounding neighborhoods. The current daycare use affects traffic on the street during the work -day only. Most neighborhood residents are not home then and may only be affected by the morning or afternoon drop-off and pick-up times. The overnight rentals, by contrast, will increase traffic trips at night and on the weekend, when neighborhood residents are home, trying to enjoy peace and quiet after a long day or week of work. Nature of the Traffic Changes with Commercial Use Beyond the actual no. of trips, the City's packet doesn't address the change in those traffic trips. The daycare brings locals, parents, mini -vans and Subarus on to Arches Drive who drive slowly and cautiously. These Moab families leave their kids with the Applicants; they know the residents on Arches; and they show respect the small town way. The B&B will bring tourists, strangers, trucks, and trailers. Overnight renters will likely not drive with the same caution and respect because they don't have to — there is no accountability. Normal, Existing Congestion Applicants admitted at the Hearing on Sept. 11 that Arches Drive gets "5 to 10 vehicle trips during peak season that drive down the street and turn around" likely looking for something else, like the Slickrock Trail. Mr. McElhaney also said that the cul-de-sac, as is, "when things are happening ... "is pretty clogged." The dead-end street, cul de sac, and current daycare traffic create enough issues on Arches Drive — and the proposed project is a substantial change and substantial increase in traffic and congestion. Page 51 of 116 McElhaney B&B Page 5 of 5 The Applicants have failed to demonstrate how they will mitigate the increased negative impact of increased traffic at nighttime and on weekends by tourists with trucks and trailers on the surrounding residential neighborhoods. 2. Profile of the Expected B&B Guests. City staff cites a Michigan State study that shows B&B travelers are well education, high income, married and middle-aged. But, citing to that study ignores the particulars of these Applicants and this project. For years and years, either the Applicant or his father has served as an officer of the Red Rock 4Wheelers. The Applicant has proposed parking for 4 trailers, when there are only 5 overnight rental units. If you build trailer parking, motorized enthusiasts will come. And they will bring trucks, trailers, and toys with them. Motorized enthusiasts cause increased impact in residential areas: more noise, greater impact to City roads, and increased dangers to small kids biking, running, and playing on streets with no sidewalks. The applicants have failed to clearly prove they have minimized impact on the neighborhood, and the facts only show that there will be substantial impact that has not or cannot be mitigated. For this reason, you can and should deny this CUP application. Conclusion The neighborhood residents are sympathetic to the Applicants' need to find a new career. But, this project does not belong on Arches Drive; it belongs near Main Street. The cost of the construction is likely to be very expensive based on the size of the project. If the Applicants want to run a B&B, they should spend their money on an existing business already allowed by zoning rather than build overnight rentals in one of Moab's high quality residential areas. The City Council has great discretion to disallow commercial uses in residential areas, and they should exercise that discretion here. The residents of Arches Drive unanimously urge you to deny this CUP application. Please protect Moab's remaining quiet streets for our hard-working families and children. CRS/ Sincerely, THE SLOAN LAW FIRM, PLLC Christina R. Sloan Page 52 of 116 Mayor Dave Sakrison, City Councilpeople Kyle Bailey, Heila Ershadi, Doug McElhaney, Kirstin Peterson, Gregg Stucki: We would like to take this opportunity to address the conditions, and how we have met them, of a Conditional Use Permit for our proposed Bed and Breakfast located at 100 Arches Drive. Condition: A B&B facility shall not unduly increase local traffic in the immediate neighborhood Met by: Arches Drive is a cul-de-sac. We currently live at 95 Arches Drive, and we currently have a licensed daycare in our home. This daycare allows for 16 children to be watched daily. If each parent only comes to our home to drop off and pick up their child, there is 64 possible one-way trips daily. With a 5 unit B&B each rentable unit will have to make 6 % trips to the B&B to equal the current traffic allowed. The vast majority of guests in a B&B will leave in the morning and return in the evening; with one possible return for something mid -day. With every room full we will be reducing traffic to about 1/3 of the current maximum usage. Condition: Construction...shall not alter the residential character of residential zones and of the dwelling Met by: We are building the exact same home and structures on the property regardless of B&B approval. A great deal of thought and planning has gone into the design of the buildings to have only the home visible when a person drives up Arches Drive. There is also not any exterior rentable room entrances visible until you are physically on the property. The Rentable rooms are also situated in a manner to ensure privacy and quiet for both the surrounding residents and customers staying at the B&B. Condition: Parcel shall be of sufficient size to be in scale with the number of people using the facility...must require adequate parking (required one off-street parking space per rental bedroom required) Met by: The lot is .57 acre, one of the largest single lots existing in town. We are required to have 5 off- street parking spaces for guests and 2 for ourselves. We have 6 garaged parking spaces for our own vehicles, 7 parking spaces for guests, and up to 6 additional parking spaces if needed. We have nearly 3x the amount of parking required. Our goal is to be certain we do not have any parking on the street. Condition: ...have a maximum 30 day stay and meals shall be served to guests only. Met by: These conditions go without saying. We shall inform guests verbally about the 30-day stay, and a note to that affect will be on any website we develop in the future. Meals will be prepared in the kitchen of our home (the only kitchen we have, contrary to the commercial kitchen claim) and we would have neither the ability nor the desire to serve meals to anyone else. Condition: All units to have a parcel to finished dwelling unit ratio that exceeds 5 to 1 (or no dwelling unit in excess of twenty percent of the total parcel size area) Met by: The largest rentable unit is 266 sq ft and the lot is 24,829.2 sq ft. Condition: No B&B facility shall rent more than 7 rooms... Met by: We will only be renting 5 Agenda Page 53 of 116 Condition: No B&B facility shall allow more than 2 adults in any rental room unless the bedroom square footage is larger than 300 sq. ft. and does not use a public corridor or passageway between suite bedroom areas Met by: We have no rooms that are larger than 300 sq. ft. Condition: Signs are limited to one non -flashing sign not larger than 226 sq inches (about 12 in. by 18 1/2 in.) If lighted, the sign shall be defused or shielded. Met by: We will have a non -flashing sign that will indicate open/ closed/ no vacancy that will be 12 in. x 18 in. or smaller. Condition: All B&B facilities shall pay water and sewer rates according to the rate formulas contained in Sections 13.24.010 and 13.24.020 Met by: We have no choice in this matter. When we get our City Business License we will start getting billed at the higher rates. Condition: All B&Bs must collect and pay an applicable transient room tax, sales tax and city gross business license fee. Met by: Again, we have no choice. Adding the applicable taxes to the room rates is a simple math process. Paying these collected taxes is also a simple matter. Condition: The B&B facility shall conform to fire, building, health codes and be licensed in conformance with all city ordinances. Any other appropriate or more stringent conditions...may be required by the planning commission Met by: This is new construction. The fire, building, and health codes must be met before it will be issued a Certificate of Occupancy. The B&B has to be approved by the City in order to be licensed, and the planning commission has already imposed conditions such as shielded parking and drainage requirements that have already been met in the overall design. Now we will attempt to address some of the propaganda, false assumptions, and misinformation regarding our application. The assertion that this is "a hotel on Arches Drive" is absurd. When a person hears the term "hotel" we are thinking of a large building covered with doors and windows that rents many rooms. Most hotels have an owner that is not on site. A B&B has rentable bedrooms in the owners' home. This relationship will limit both the quantity and the type of guest that would be welcome to stay at a B&B. In our situation, we have 3 daughters ages 10-14, and we can promise you that nobody will have a bigger stake in ensuring that any guest staying in our home will be of the highest quality and character. There are some negative comments regarding our current daycare. This business has been in operation for over 11 years, and other than during the B&B public hearing process, the city has never had a complaint. Moreover, this is a licensed and approved business that other than traffic comparisons has Agenda Page 54 of 116 absolutely nothing to do with our B&B application. There have been comments saying we plan to cater to a certain class of visitor. Nothing can be farther from the truth. We have never publicly or even privately stated preference for one user group over another. Indeed, this practice would be harmful to the businesses integrity and long term sustainability. All user groups will be equally welcome, just as all user groups will have to obey all laws and rules to be a guest at our establishment. We have seen comments deriding our sight plan. As stated earlier: We are building the same building regardless of B&B approval. There is an assertion that this is a "quiet, peaceful street". In the most direct route from the proposed B&B location to 400 East, there are 10 home businesses that we are aware of. If you include multi -family income properties, that number climbs to 15; 5 of which are on Arches Drive. This is a nice, but very active neighborhood. Thank you for your time, Jeramey and Mary McElhaney Agenda Page 55 of 116 Moab laity Council; 20 Nov. 2014 Thank you all for your dedication to the citizens of Moab, and for the endless hours you spend debating the important issues that come up. I am writing this brief letter in support of the bed and breakfast Mr. and Mrs. McElhaney are requesting to build in our neighborhood. I live on the next road down from the lot they are building on. I have lived in the home for approximately 14 years now. It is true that we live in a quiet area, which is one of the reasons my wife and I bought where we did. I have thought a lot about the bed and breakfast being allowed just above my own home, as we will be sharing a corner of our back yards. I rotate shifts, and have a difficult time sleeping during the day. After speaking with Jeramey regarding his plans, I have no concerns at all. I have known Jeramey for many years now, and watched as he grew from a young boy, in to a fine man. Jeramey is a man of integrity. He will be living in the residence with his wife, and their children. He has no more desire to have loud parties, loud vehicles, or unruly people in his home, than I have for my own home. They are simply attempting to create a better way to make a living for their family The concerns brought to you in the last council meeting by some of the neighbors were at times insulting. Mary has had a child care business in our neighborhood for a few years now. The traffic to and from their house has been a concern in the past, and while doing what I get paid to do, I learned that most of the traffic violations were being committed by the residence that live on the same street. I have been woken up by loud illegal fireworks in our quiet neighborhood, on several occasions in the past. The offender is one of the most outspoken parties against Jeramey and Mary and their desire to build a business. The bed and breakfast will reduce the traffic as most visitors will leave for the daytime, and return in the evening. The number of rooms for rent is limited, so the number of vehicles will go down. The parents dropping their children off, and picking them up are often running late, thus pushing the speed a bit. Tourists arriving to a bed and breakfast are not going to be speeding, as they are still trying to locate where they are staying. People that stay in a bed and breakfast are not typically party animals at all. They enjoy meeting new people, and want to gain new friendships from those meetings. Again, thank you all for your dedication to improving our way of life. I ask you to allow Jeramey and Mary McElhaney the chance to improve their own . Tom Nixon 119 Hillside Drive Agenda Page 56 of 116 f MOAB CITY COUNCIL MEETING November 25, 2014 / / Agenda item #: 7-3 Title: Approval of Proposed Resolution #50-2014 — A Resolution of the Governing Body Declaring Certain City Property as Surplus Fiscal Impact: Revenue generated by proceeds of auction Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder Applicant: n/a Background/Summary: Since the last auction, the City has accumulated more surplus equipment through the scheduled replacement and repair of worn, broken or outdated equipment. We need to dispose of this surplus equipment and would like to donate one vehicle to the Moab Valley Fire Department. Attached is a resolution and equipment list for the council to review. Once the property is declared as surplus by the City Council we can proceed with the auction process and/or donation process. I will be utilizing the state contract provider of auction services (TNT Auctions) who will conduct an online auction for the city, saving numerous staff hours and expense and broadening the potential market for sales. Equipment will be auctioned on the Internet, from Moab and pickup/delivery will be the responsibility of the purchaser. The auction will be advertised locally as well as on our website and the TNT website. 1 Options: Council can approve, table, or deny the proposed resolution. Staff Recommendation: Staff recommends approving the proposed resolution. Recommended Motion: I move to approve Proposed Resolution #50-2014 — A Resolution of the Governing Body of the City of Moab Declaring Certain City Property as Surplus. Attachment(s): proposed resolution #50-2014 Surplus property list Agenda Page 57 of 116 RESOLUTION 50-2014 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB DECLARING CERTAIN PROPERTY OWNED BY THE CITY OF MOAB AS SURPLUS WHEREAS, Moab City has the right and title to certain property listed below and; WHEREAS, the Governing Body of Moab City declares that at present time, it has no use whatsoever for said property. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF MOAB CITY THAT: I. The property detailed on the attached list is hereby declared as surplus city property. 2. This resolution shall take affect immediately upon passage. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 25th day of November, 2014. SIGNED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Resolution #50-2014 Page 1 of 1 Page 58 of 116 Department Unit # Public Works 105 Vehicle City of Moab Resolution #50-2014 surplus property Description Ford Model Year F-350 Pickup Truck 1993 Public Works 170 Vehicle Ford F-150 Pickup Truck 2000 Public Works 171 Vehicle Ford F-350 Pickup Truck 2000 Public Works 129 Vehicle Ford Crown Victoria 1995 Public Works 52 Roller Multiquip Inc. Vibratory Roller 1997 Police 186 Vehicle Dodge Charger 2006 Police Police 178 Vehicle 194 Vehicle Ford Ford Crown Victoria 2005 Dodge Charger 2007 R:\Auction\2014\council auction list 50-2014.xlsx Date:11/069Z®14 To: City Council From: Navarre Re: Surplus equipment/disposal We cvmently have two vehicles that have been taken out of our fleet and replaced with new police vehicles. One vehicle is a 2006 Dodge and the other is a 2005 Ford. Both vehicles are not safe for Police work Neither vehicle runs. Both vehicles have electrical problems and will have to be towed. I am requesting that these two vehicles be sent to auction. Surplus sheet/Salvage report information is attached. Thanks al a C a) Q Page 60 of 116 Date: 10/20/2014 MCPD-MEMOtt1410-04 To: City Council members From: Navarre Re: 2007 Dodge Charger police vehicle I would like to submit for your approval to donate a 2007 Dodge police vehicle to the Moab Fire Department We received two new police vehicles this year to replace old or high maintenance vehicles. This particular vehicle has 125,000 miles on it and is not suitable or safe to be used as a police vehicle. The Moab Fire Department can use this vehide for a traveVtraining vehide. The Moab Fire Department is a volunteer organization and they assist the Moab Police Department on numerous programs including the Hazardous Materials team. I appreciate your support in donating this vehide to a great volunteer organization which protects our homes and business from fire. Thank You Page 61 of 116 AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 25, 2o14 Agenda ltem #: 7-4 & 7-5 Title: 500 West Waterline Project Fiscal Impact: $386,550 Staff Presenter(s): Jeff Foster, Public Works Director Department: Public Works Applicant/Vendor: Mesquite Incorporated / / Background/Summary: For our 500 West Water Line Project, the City received a total of five bids from the following companies: Harrison Oil Field Service, Cody Ekker Construction, Mesquite Utah Incorporated, Condie Construction & B. Jackson Construction. Mesquite Utah Incorporated was the apparent low bidder for $386,550 to complete the project consisting of replacement of an existing 12" water line with a new 16" water line extending from Kane Creek Boulevard along the East side of 500 West, under Millcreek, the pedestrian underpass and then reconnects to the existing 12" water line on the Forth side of the underpass. The budgeted amount available for the project is $350,000. To date $500 has been paid for the stream alteration permit and $10,055 for engineering for the project. This leaves $339,445 left in the budget for the project. An additional $47,105 with be required to cover the full cost of the bid for the project. This amount is available in a sewer project line item. The sewer project will be less expensive than anticipated. 1 Options: Approve, Deny or Postpone Staff Recommendation: Approve the Bid to the apparent low bidder, Mesquite Incorporated. Recommended Motion: "I move to award the Bid for the 500 West Water Line Project to Mesquite Incorporated in the amount of $$386,550." Attachment(s): Construction Contract Bid opening tally sheet Agenda Page 62 of 116 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 500 West Water Line Project 10/17/2014 2:15 Name Amount 14-avr I i II 4193,101.0o i so►) 0i _e_x_d S vc. riLi EK6C,li✓ C'ovv>ivac.47-w, t 411049, 5a 5. ao AA/ _qui ic. Lc4-a.ki JAI c • 4 3 91t, 5 5a - o o eo 14 d Le., CeliM-v-uz-1-7?4,-1. et). (11.,1y if 5 5, 9 a7 . a� • -ice. c.. S sY, C01/1 ¢,vru 41-f ovi �1 +l (P t azi. 5 O Present at Bid Opening: Nance N, ()'llilQYi/evo °Le v act.t,k4.1 S'G ature: dy; q; vi,a.Q er ;y g' "A-P � ogi„z4e oyigiv a co 0/17/2014 C a) Q Page 63 of 116 City of Moab Recorder's Office CITY OF MOAB - PUBLIC WORKS DEPARTMENT INTEROFFICE MEMORANDUM Date: November 6, 2014 To: Rachel Stenta — City Recorder & Assistant City Manager From: Jeff Foster — Public Works Director Subject: Recommendation to use Mesquite Incorporated as the contractor for the 500 West Water Line Project. I have contacted several Entities to enquire concerning the performance of Mesquite Incorporated and their ability to complete similar projects at other locations in the surrounding area. Although there were minor comments relating to project specific issues, everyone I talked to concerning Mesquite Incorporated indicated that their projects went well and they would use Mesquite Incorporated on future jobs if the opportunity arose. Since the bid opening Roger Campbell has called me twice indicating that he would love to start our project as soon as possible. There have been a few concerns that have arose related to this project. First; the Engineers Estimate of $310,000 provided by Horrocks Engineering, was considerably low. The Engineers Estimate is used to insure that sufficient funds are set in the Budget for a project, and they substantially missed the mark. The amount set for the Budget was $350,000 which was to cover ALL costs for the project including engineering, permits or other incidental costs that may come up before the project is completed. Dave Dilman with Horrocks Engineering has submitted a letter indicating why and where the estimate was flawed which is attached. Second; the lowest bid came in considerably over the Budget at $386,055, which was $76,055 higher than the amount budgeted. It is essential that this project is completed as soon as possible, as the 500 West Road Reconstruction Project is expected to start around March 15, 2015 and the existing water line is in serious need of replacement. Donna has indicated that she can procure the additional funds necessary to complete the project. Therefore; After careful consideration I am recommending using Mesquite Incorporated as the successful low bidder to complete the installation of the 500 West Water Line Project. CO C CD Q Page 64 of 116 Evaluation Date: Firm Name: Address: CITY OF MOAB - PUBLIC WORKS DEPARTMENT Project Performance References - Comments & Scoring 10/31/2014 Mesquite Incorporated 923 Sparks Street N Twin Falls ID 83301 ReferenceProvided by: DFCM Utah\City of Wendover Bureau of Land Management - Colorado Uinta Water Conservancy Pine Meadow Muual Water Company Contact Person: Taylor Maxfield- Sunrise Eng. Blain Vecchia Aaron Avertt P.E. Dave Dillman Contact Phone #: 801-792-8866 Contract Amount: Service Provided: Contact Email: 970-244-3185 435-789-7364 801-763-4142 $65,900\$262,968 $104,066 $584,600 $162,500 Main Water line Replacement/ Fire Hydrant Replacement Project Pumphouse 2012 Project Pump and Pipeline to Brough Reservoir- 2014 2014 Water line Project tmaxfield@utah.gov hvecchiaeblmAov a av a rettPs u n ris a-e ng. com dave.E6hOrrOCk5.COL Were there any issues relating to the contractor that slowed the start of the project? No We had no major issues that slowed the start or completion of the project The only difficulty we had to overcome was communicating with a contractor who's office was remote from the project. Minor Issues, were addressed in a professional manor and in a timely fashion. Did contractor finish project on time? Their paperwork was the only issue I would suggest watching, but I am a bit more particular... They had a proactive management style. Minor change orderon the project unforseen condition. Yes, the contractor finished the project on time Yes Yes Were there any sub contractors? No N/A No N/A Were there any issues You are aware of where subs were not paid In a timely Manner? N/A N/A N/A N/A What were they and how did they Impact the project? N/A N/A N/A N/A Were you happy with the end result of your project? Worked will with everyone, Roger is not shy about telling you how he feels about somethingbut I appreciate this as nothing was a surprise. Yes, the contract was finished and met specification requirements. Would work with them again in a heartbeat! Yes Were there any change orders? No We had no change orders for the project $600,000 project, with change orders requested by Owner, the change order was under $4,000 Did not indicate yes or no Would you use this contractor on a future project? It was a simple project, but I wouldn't mind seeing them on a more complex project. Yr.°s We have another project we will be working with them on shortly Yes Rating * 5 4 4 4 *Over all, how would you rate the contractors performance (One being poor, 5 being excellent)? Page 65 of 116 DOCUMENT 00500 AGREEMENT THIS AGREEMENT, made this day of , 2014 by and between Moab City, hereinafter called "OWNER" and doing business as (a corporation) hereinafter called "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The CONTRACTOR will provide and deliver the materials to the site of Moab City for the 500 West Waterline Project. 2. The CONTRACTOR will supply tools, equipment, labor, fuel, maintenance and other services necessary for the installation and completion of the 500 West Waterline Project as described herein. 3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS within 10 calendar days after the date of the Notice to Proceed and will complete the work required by the CONTRACT DOCUMENTS in 45 Calendar Days, unless the period for completion is extended otherwise by the CONTRACT DOCUMENTS. 4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT DOCUMENTS and comply with the terms therein for the sum of $ 5. The term "CONTRACT DOCUMENTS" means and includes the following: (A) Advertisement for BIDS (B) Information for BIDDERS (C) Information Required of Bidder (D) Bid (E) Agreement (F) General Conditions (G) Supplemental General Conditions (H) Notice of Award (I) Notice to Proceed (.n Change Order (K) Specifications prepared or issued by Horrocks Engineers, dated, September, 2014. (L) Drawings prepared by Horrocks Engineers numbered 1 through 17 and dated September, 2014. (M) Addendum: 6. The OWNER will pay to the CONTRACTOR in the manner at such times as set forth in the General PG-010-1405 00500-1 Page 66 of 116 September 2014 Conditions such amounts as required by the CONTRACT DOCUMENTS. 7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in triplicate, each of which shall be deemed an original on the date first above written. OWNER: Moab City (SEAL) Name ATTEST: Title Name (please type) Title CONTRACTOR: (SEAL) BY ATTEST: Name (please type) Address Name (please type) Title PG-010-1405 00500-2 Page 67 of 116 September 2014 / / AGENDA SUMMARY MOAB CITY COUNCIL MEZI November 25, 2014 Agenda item #: 7-6 NG / / to Title: Resolution #51-2014: Approving a Local Government Contract by and between the City of Moab and Horrocks Engineering for the Moab 500 West Phase 3 Road Improvement Project, for Construction Engineering Management Services Fiscal Impact: The costs associated with this agreement are covered under the 500 West Road Improvement Project Budget. The cost of this contract is $119,000. This project is being paid for with a UDOT Small Urban Road Fund grant, plus the required city match. Horrocks will be paid with grant funds by UDOT. Staff Presenter(s): Donna Metzler, City Manager Department: Administration `Applicant/Vendor: NA Background/Summary: UDOT requires that the City select a consultant to provide construction engineering management services during construction of the 500 West Road Improvement Project. UDOT requires that the consultant be on UDOT's pre -approved list and that that contract follow UDOT's requirements. The City selected Horrocks Engineering because of their extensive involvement with the project in the design phase of the project, as well as their familiarity with the waterline component. UDOT will pay Horrocks directly, with the City's approval of invoice. The attached contract is a standard UDOT contract. Options: Approve, Approve with Changes, Deny or Postpone Staff Recommendation: Staff recommends approval of the contract as presented. Recommended Motion: "I move to approve Resolution #51-2014 as presented." Attachment(s): Local Government Agreement Agenda Page 68 of 116 Resolution #51-2014 APPROVING A LOCAL GOVERNMENT CONTRACT BY AND BETWEEN THE CITY OF MOAB AND HORROCKS ENGINEERING FOR THE MOAB 500 WEST PHASE 3 ROAD IMPROVEMENT PROJECT, FOR CONSTRUCTION ENGINEERING MANAGEMENT SERVICES Whereas, the governing body of the City of Moab desires to enter into a contract with Horrocks Engineering to provide construction engineering management services for the 500 West Road Improvement Project pursuant to the Utah Department of Transportation's guidelines; 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 ADOPT 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 25th day of November, 2014. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #51-2014 Page 1 of 1 Page 69 of 116 Agenda LVI,HL tN IIIY UU1-11 LOCAL GOVERNMENT CONTRACT STATE OF UTAH LOCAL GOVERNMENT ENGINEERING SERVICES 2013-2016 LG POOL (DIRECT SELECT) COST PLUS FIXED FEE CONTRACT NO. EFFECTIVE DATE TRACKING NO. Project No.: F-LC19(15) PIN Description: Moab 500 West Ph3: Mill Creek Bridge to Kane Creek FINET Prog No.: 5354613C PIN No.: 9983 Work Discipline: Construction Engineering Management 1. CONTRACTING PARTIES: This contract is between City of Moab, referred to as LOCAL AUTHORITY and Horrocks Engineers, Inc 2162 West Grove Pkwy Ste 400 Pleasant Grove, UT 84062 Legal Status of Consultant: For Profit Corporation Fed ID No.: 87-0296502 referred to as CONSULTANT, and approved by the Utah Department of Transportation, referred to as DEPARTMENT. 2. REASON FOR CONTRACT: The LOCAL AUTHORITY does not have sufficient qualified staff to complete the work required in the suggested time frame and the CONSULTANT is professionally qualified and willing to assist the LOCAL AUTHORITY with Construction Engineering Management services as further described in Attachment C. 3. PROJECT/CONTRACT PERIOD: The project/contract will terminate December 31, 2015, unless otherwise extended or canceled in accordance with the terms and conditions of this contract. 4. CONTRACT COSTS: The CONSULTANT will be paid a maximum of $119,808.95 for costs authorized by this Contract as further described in Attachment D. 5. ATTACHMENTS INCLUDED AS PART OF THIS CONTRACT: Attachment A — Certification of Consultant and Local Authority Attachment B — Standard Terms and Conditions Attachment C — Services Provided by the Consultant Attachment D — Fees Attachment E — Insurance The parties below hereto agree to abide by all the provisions of this contract. IN WITNESS WHEREOF, the parties sign and cause this contract to be executed. CONSULTAN - Horrocks Engineers, Inc Y: Title: 1 Printed Na e: Ee .Ackve,,I Ce7Rct,A411/43-\" LOCAL AUTHORITY - City of Moab By: Title: Printed Name: UTAH DEPARTMENT OF TRANSPORTATION DEPARTMENT Comptroller's Office By: Title: Eng " • r Prec truction Date 1 I -12,14 By: Date Title: Contract Administrator Date RI Revised 8/20/2014 C Q Page 70 of 116 CERTIFICATION OF CONSULTANT By signing this contract on behalf of the CONSULTANT, 1 hereby certify I am a duly authorized representative of Horrocks Engineers, Inc and that neither I nor the above CONSULTANT I hereby represent has: (a) employed or retained for commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Utah Department of Transportation and the Federal Highway Administration in connection with this contract involving participation of Federal -aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. CERTIFICATION OF LOCAL AUTHORITY By signing this contract on behalf of the LOCAL AUTHORITY, I hereby certify 1 am the duly authorized representative of City of Moab and that the above CONSULTANT or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. tevised 8/20/14 R0 C cu co Q Page 71 of 116 Page Al of 1 LOCAL GOVERNMENT ENGINEERING SERVICES CONTRACT STANDARD TERMS AND CONDITIONS 1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in Sections 27-12-21, 107 and 108; and 63-56 U.C.A. 1953, as amended, and the Utah State Procurement Regulations, which authorizes the LOCAL AUTHORITY and/or the DEPARTMENT to make purchases in accordance with said laws and regulations. 2. CONTRACT JURISDICTION AND COMPLIANCE WITH LAWS: The provisions of this contract shall be governed by the laws of the State of Utah. Also, the CONSULTANT and those engaged by the CONSULTANT shall comply with all Federal, State and local laws, regulations and other legally binding requirements that pertain to the services provided under this contract. Proof of the CONSULTANT'S compliance with licensing requirements shall be furnished to the LOCAL AUTHORITY and/or the DEPARTMENT upon request. 3. RECORDS ADMINISTRATION: The CONSULTANT shall maintain all books, papers, documents, accounting records and other evidence to support costs billed for under this contract. These records shall be retained by the CONSULTANT for a period of at least four (4) years after the contract terminates, or until all audits initiated within the four years have been completed, whichever is later. These records shall be made available at all reasonable times during the four year period for audit and inspection by the LOCAL AUTHORITY and/or the DEPARTMENT and other authorized State and Federal auditors. The CONSULTANT'S records supporting the cost proposal shall also be retained and made available for review by authorized Federal or State staff. Copies of requested records shall be furnished to the LOCAL AUTHORITY and/or the DEPARTMENT upon request. 4. CONFLICT OF INTEREST: The CONSULTANT certifies that none of its officers or employees are officers or employees of the State of Utah unless disclosure has been made in accordance with Section 67-16-8, U.C.A. 1953, as amended. The CONSULTANT certifies that no engineer, attorney, appraiser, inspector, surveyor or survey crew, or other person performing services for the CONSULTANT has, directly or indirectly, a financial or other personal interest, other than his employment or retention by the LOCAL AUTHORITY and/or the DEPARTMENT, in any contract or subcontract in connection with this project (Reference 23 CFR § 1.33). An example of this situation would be the CONSULTANT subcontracts with the Contractor to perform survey work while contracted by the LOCAL AUTHORITY and/or the DEPARTMENT to perform construction engineering management services for the same project. The CONSULTANT further warrants that it has no financial or other interest in the outcome of the work performed under the contract. Examples of this situation would be a Consultant who owns land, options to buy land, or some business enterprise that would be financially enhanced or diminished by any project alternatives. 5. EMPLOYMENT OF DEPARTMENT EMPLOYEES: The CONSULTANT agrees not to engage in any way the services on this contract of any present or former Utah Department of Transportation employee who was involved as a decision maker in the selection or approval processes or who negotiated and/or approved billings or contract modification for this contract. 6. CONSULTANT, AN INDEPENDENT CONTRACTOR: The CONSULTANT shall be an independent contractor, and as such, shall have no authority, express or implied to bind the LOCAL AUTHORITY and/or the DEPARTMENT to any agreement, settlement, liability, or understanding whatsoever; and agrees not to perform any acts as agent for the LOCAL AUTHORITY, except as specifically authorized and set forth herein. Persons employed by the LOCAL AUTHORITY and acting under the direction of the LOCAL AUTHORITY shall not be deemed to be employees or agents of the CONSULTANT. Compensation provided to the CONSULTANT herein shall be the total compensation payable hereunder by the LOCAL AUTHORITY. 7. INDEMNITY - LIABILITY: The CONSULTANT shall hold harmless and indemnify the DEPARTMENT and the LOCAL AUTHORITY, their officers, agents and employees from and against any and all claims, suits and cost, including attorneys fees, for injury or damage of any kind to the extent arising out of the Revised 2/12/14 CU C Q Page 72 of 116 Page B1 of 12 ATTACHMENT B negligent acts, wrongful acts, errors, or omissions of the CONSULTANT, or its subconsultants when acting within the scope of their subcontract, or their respective agents, employees or representatives. The CONSULTANT is an independent contractor contracted with the LOCAL AUTHORITY and approved by the DEPARTMENT. Any periodic plan and specification review or construction inspection performed by the LOCAL AUTHORITY or DEPARTMENT arising out of the performance of the contract, does not relieve the CONSULTANT of its duty in the performance of the contract, or ensure compliance with customary standard of professional care. 8. SEPARABILITY: The declaration by any court, or other binding legal source, that any provision of this contract is illegal and void and shall not affect the legality and enforceability of any other provision of this contract, unless said provisions are mutually dependent. 9. LIABILITY INSURANCE: Services to be provided by the CONSULTANT under this contract are required to be covered by insurance. The CONSULTANT shall furnish the LOCAL AUTHORITY and the DEPARTMENT a Certificate of Insurance applying to this contract for each type of insurance required, to be approved by the DEPARTMENT and the LOCAL AUTHORITY, before the CONSULTANT begins work under this contract. The CONSULTANT'S insurer must be authorized to do business in Utah and must meet the specified A.M. Best rating or better at the time this contract is executed. The following insurance shall be maintained in force until all activities which are required by this contract or as changed by contract modification are completed and accepted by the LOCAL AUTHORITY and the DEPARTMENT: (a) General Liability and Automobile Liability insurance with a limit of not less than $1,000,000 per occurrence and not less than $2,000,000 aggregate and having an A.M. Best rating of A -class VIII or better. The limit if different for this contract will be as designated in Attachment C to this contract. If this coverage is written on a claims -made basis, the Certificate of Insurance shall so indicate. The CONSULTANT represents that as long as commercially available the insurance shall remain in effect such that claims reported up to three (3) years beyond the date of substantial completion of this contract are covered. (b) Architect and/or Engineers Professional Liability (errors and omissions) insurance having an A.M. Best rating of A -class VIII or better, is required at the coverage amount of $1,000,000 per claim and $2,000,000 aggregate. If this coverage is written on a claims -made basis, the Certificate of Insurance shall so indicate. The CONSULTANT represents that as long as commercially available the insurance shall remain in effect such that claims reported up to three (3) years beyond the date of substantial completion of this contract are covered (on construction contracts or modifications for construction management the insurance, shall remain in effect for one (1) year after completion of the project). (c) Valuable Papers & Records Coverage and/or Electronic Data Processing (Data and Media) Coverage for the physical loss or destruction of the work product including drawings, plans, specifications and electronic data and media. Such insurance shall be of a sufficient limit to protect the CONSULTANT, its sub -consultants, the LOCAL AUTHORITY, and the DEPARTMENT from the loss of said information. (d) Aircraft Liability in the amount of $1,000,000 per occurrence if aircraft are utilized in connection with this contract. (e) The CONSULTANT shall provide evidence that his employees and sub -consultant employees are covered by Workers Compensation. If they are covered by Workers Compensation Fund of Utah, then the A.M. Best rating is not required in this area. (f) The CONSULTANT shall require the insurance company that issues the Certificates of Insurance for the evidence of the required insurance coverage to endeavor to provide the DEPARTMENT and the LOCAL AUTHORITY with 30 days written notice in the event that coverage is canceled before the policy expiration date stated in the Certificate. The CONSULTANT further agrees to tevised 2/12/14 CO C CD CO Q Page 73 of 116 Page B2 of 12 ATTACHMENT B provide the DEPARTMENT and the LOCAL AUTHORITY with 30 days written notice prior to making an alternation or material change to the required insurance coverage. Policies referred to in 9(a) and 9(d) above are required to be endorsed naming the LOCAL AUTHORITY, UDOT, and the State of Utah as Additional Insureds and, on General Liability and Aircraft Liability, indicate they are primary and not contributing coverage. All required policies, endorsements, insurance companies issuing same, and self insured programs are subject to review and approval by the State of Utah, Risk Manager. 10. HEALTH INSURANCE: The CONSULTANT agrees that if the CONSULTANT has an initial contract of 1.5 million dollars or more, or the contract and modifications are anticipated in good faith to exceed 1.5 million dollars, or the CONSULTANT has a subcontract at any tier that involves a sub -consultant that has an initial subcontract of $750,000 or more, and/or the CONSULTANT has a subcontract at any tier that is anticipated in good faith to exceed $750,000; hereby certifies the following. The CONSULTANT and all applicable sub -consultants have and will maintain an offer of qualified health insurance coverage for their employees, as defined in UCA Section 34A-2-104 for the employees who live and/or work within the State of Utah, along with their dependents, during the duration of the contract. Employee, for purposes of these requirements, shall be no broader than the use of the term employee for purposes of State of Utah Workers' Compensation requirements. The Executive Director or designee shall have the right to request a recertification by the CONSULTANT by submitting a written request to the CONSULTANT, and the CONSULTANT shall so comply with the written request within ten (10) working days of receipt of the written request; however, in no case may the CONSULTANT be required to demonstrate such compliance more than twice in any 12-month period. The CONSULTANT and all applicable sub -consultants will be subject to all applicable penalties. The CONSULTANT will provide these same requirements in all applicable subcontracts at every tier. 11. PROGRESS: The CONSULTANT shall begin the work required by this contract within one week following official notification by the DEPARTMENT to proceed. The CONSULTANT shall prosecute the work diligently and to the satisfaction of the LOCAL AUTHORITY and the DEPARTMENT. If Federal Funds are used on this contract the work will be subject to periodic review by the Federal Highway Administration. The CONSULTANT will prepare monthly progress reports following the format established by the LOCAL AUTHORITY and the DEPARTMENT in sufficient detail to document the progress of the work and support the monthly claim for payment. Payments will not be made without a supporting progress report. In addition, the CONSULTANT will update the DEPARTMENT'S "electronic Program Management" (ePM) system bi-weekly to reflect the status of the project. Progress conferences will be held periodically. The CONSULTANT will prepare and present written information and studies to the LOCAL AUTHORITY and the DEPARTMENT so it may evaluate the features and progress of the work. Any one of the three parties may request a conference; to be held at the office of any, or at a place designated by the LOCAL AUTHORITY or the DEPARTMENT. The conferences shall also include inspection of the CONSULTANT'S services and work products when requested by the LOCAL AUTHORITY or the DEPARTMENT. The CONSULTANT will be required to perform such additional work as may be necessary to correct errors caused by the CONSULTANT in the work required under the contract without undue delays and without additional cost to the LOCAL AUTHORITY and the DEPARTMENT. At any time the CONSULTANT determines the contract work cannot be completed within the specified time or budget, the LOCAL AUTHORITY and the DEPARTMENT shall be immediately notified in writing. The LOCAL AUTHORITY and the DEPARTMENT may, at their sole discretion, extend the contract by written modification. The LOCAL AUTHORITY or the DEPARTMENT may terminate this contract in accordance with termination provisions of this contract including failure of the CONSULTANT to make satisfactory progress of the contract work. Revised 2/12/14 CO C CD DI Q Page 74 of 116 Page B3 of 12 Should the LOCAL AUTHORITY or the DEPARTMENT desire to suspend the work, but not terminate the contract, this will be done by verbal notification followed by written confirmation from the LOCAL AUTHORITY or the DEPARTMENT. The work may be reinstated upon 30 days advance written notice from the LOCAL AUTHORITY or the DEPARTMENT. Unless extended or terminated in writing, this contract will terminate on the expiration date, or at the end of the specified calendar days. 12. REVIEW AND INSPECTION OF WORK: It is expressly understood and agreed that authorized representatives of the LOCAL AUTHORITY, DEPARTMENT and, when Federal Funds are used, the Federal Highway Administration shall have the right to review and inspect the work in process, and the CONSULTANT'S facilities, at any time during normal business hours or by appointment. 13. NON DISCRIMINATION PROVISIONS: The CONSULTANT agrees to abide by the provisions of the Utah Anti -discrimination Act, Title 34 Chapter 35 U.C.A. 1953, as amended, and Title VI and Title VII of the Civil Rights Act of 1964 (42 USC 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 entitled "Equal Employment Opportunity," as amended by Executive order 11375 and as supplemented in Department of Labor Regulations (41CFR Part 60), which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. The CONSULTANT agrees to abide by Utah's Executive Order, dated June 30, 1989, which prohibits sexual harassment in the work place. Sections 49 CFR 21 through Appendix H and 23 CFR 710.405(b) are applicable by reference in all contracts and subcontracts financed in whole or in part with Federal -aid highway funds. The CONSULTANT further agrees to furnish reports to the LOCAL AUTHORITY and/or the DEPARTMENT upon request for the purpose of determining compliance with these statutes identified in this section. The CONSULTANT shall comply with the Americans With Disabilities Act (ADA). The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federal -aid contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the DEPARTMENT deems appropriate. During the performance of this contract, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: (a) Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to nondiscrimination in federally -assisted programs of the 49 CFR Part 21, and the 23 CFR Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (b) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, disability/handicap, and low income status in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (c) Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANTS obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability/handicap, and low income status. (d) Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT to be pertinent to ascertain compliance with such Regulations, orders and co C a) cn Q Revised 2/12/14 Page B4 of 12 Page 75 of 116 instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the DEPARTMENT, and shall set forth what efforts it has made to obtain the information. (e) Sanctions for Noncompliance: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) withholding of payments to the CONSULTANT under the contract until the CONSULTANT complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (a) through (f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subcontract. or procurement as the DEPARTMENT may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may request the DEPARTMENT to enter into such litigation to protect the interests of the DEPARTMENT, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. (Provision revised July 29, 2013.) (f) 14. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS: The CONSULTANT agrees to abide by the requirements of 49 CFR Part 29. By signing this contract the CONSULTANT certifies that to the best of their knowledge and belief that it or its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had civil judgment against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses enumerated in subparagraph 14(b) of this certification; and (d) Have not within a three-year period preceding this contract had one or more public transactions (Federal, State, or Local) terminated for cause or default. Where the CONSULTANT is unable to certify to any of the statements in this certification, the CONSULTANT shall attach an explanation to this contract. Exceptions will not necessarily result in denial of award, but will be considered in determining CONSULTANT'S responsibility. Any exceptions noted shall identify to whom it applies, the initiating agency, and dates of the action. Providing false information may result in criminal prosecution or administrative sanctions. 15. CERTIFICATION OF COMPLIANCE ON LOBBYING RESTRICTIONS: The CONSULTANT agrees to conform with the lobbying restrictions established by Section 319 of Public Law 101-121 (Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990) for contracts exceeding $100,000 in Federal Funds. The CONSULTANT certifies, by signing this contract, to the best of their knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal 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 revised 2/12/14 Page B5 of 12 Page 76 of 116 ATTA spa ! Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal 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. 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 and not more than $100,000 for each such failure. The CONSULTANT also agrees by signing this contract that they shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. 16. CERTIFICATION OF COMPLIANCE ON DRUG AND ALCOHOL TESTING: The CONSULTANT hereby certifies by executing this Contract, that the CONSULTANT shall comply with all applicable provisions of Rule 916-6 Drug and Alcohol Testing in State Construction Contracts and UCA Section 63G-6-604 throughout the term of this Contract. The CONSULTANT shall provide this requirement in its contracts with subconsultants. 17. CONSULTANT COST CERTIFICATION: The CONSULTANT hereby certifies by executing this Contract, that the CONSULTANT has previously submitted a CONSULTANT certification of final indirect costs in accordance with the Federal Acquisition Regulations (FAR) cost principles as described in the FHWA Order 4470.1A and in the DEPARTMENT Financial Screening Application. 18. OWNERSHIP OF DOCUMENTS: All tracings, plans, manuscripts, specifications, data, maps, etc., prepared or obtained by the CONSULTANT, as a result of working on this contract, shall be delivered to and become the property of the LOCAL AUTHORITY. All documents and data pertaining to work required by this contract shall be the property of the LOCAL AUTHORITY and shall be delivered to the LOCAL AUTHORITY within 10 working days after termination of the contract, regardless of the reason for termination; and without restriction or limitation on their further use. Costs of all the above items shall be considered as included in the basic contract compensation for the work as described in ATTACHMENT C. The CONSULTANT shall not be responsible for another party's application of information contained in the contract documents to other projects, or for uses other than that for which the information was intended. Should patentable discoveries or inventions result from work required by this contract, all rights to them shall be the sole property of the CONSULTANT. Except, the CONSULTANT agrees to grant to the United States Government and the State of Utah a non exclusive, non transferable, paid up, license to use the discovery or invention. The CONSULTANT is permitted to copyright reports and other contract products provided that the LOCAL AUTHORITY, the DEPARTMENT and the Federal Highway Administration have a royalty free, non exclusive, irrevocable right to reproduce, publish, or otherwise use and authorize others to use for governmental purposes. 19. ASSIGNMENT AND SUBCONTRACTING: The CONSULTANT shall not subcontract any of the work required by this contract, or assign monies to be paid to the CONSULTANT hereunder, without the prior written approval of the LOCAL AUTHORITY and/or the DEPARTMENT. The amount billed to the DEPARTMENT for subcontractor costs shall be the same amount the CONSULTANT actually pays subcontractor for services required by this contract. All payments made by the CONSULTANT to the subcontractor for services required by this contract shall be subject to audit by the LOCAL AUTHORITY and/or the DEPARTMENT. All subcontracts must include all the same terms and conditions and provisions included in this contract. However, the prime CONSULTANT is responsible for ensuring that all work performed by sub -consultants is insured under their insurance policy, or they require that the sub - consultants meet the insurance provisions required under this contract. Revised 2/12/14 CO C CD DI Q Page 77 of 116 Page B6 of 12 ATTACH AI ENT B The CONSULTANT must perform work valued at not less than 60% of the total contract amount, excluding specialized services, with its own staff. Specialized services are those services or items that are not usually furnished by a consultant performing the particular type of service contained in this contract. 20. PERSONNEL/STAFFING PLAN: Any change in personnel from that specifically identified in Attachment C of this contract, must be approved by the DEPARTMENT through a modification to this contract or a Contract Management System (CMS) Alternative Staff Transaction prior to any work being performed by new personnel. Invoices submitted for payment with unauthorized personnel will not be paid. (Provision revised July 29, 2013.) 21. DISPUTES: Claims for services, materials, or damages not clearly authorized by the contract, or not ordered by the LOCAL AUTHORITY and the DEPARTMENT by prior written authorization, will not be paid. The CONSULTANT shall notify the LOCAL AUTHORITY and the DEPARTMENT in writing, and wait for written approval, before it begins work not previously authorized. If such notification and approval is not given or the claim is not properly documented, the CONSULTANT shall not be paid the extra compensation. Proper documentation alone shall not prove the validity of the claim. The parties agree to use arbitration or mediation after exhausting applicable administrative reviews to resolve disputes arising out of this contract where the sole relief sought is monetary damages $100,000 or less, exclusive of interest and costs. 22. CLAIMS - DELAYS AND EXTENSIONS: The CONSULTANT agrees to proceed with the work previously authorized by the contract, or in writing, continually and diligently, and will make no charges or claims for extra compensation for delays or hindrances within its control during the progress of this contract. The LOCAL AUTHORITY and the DEPARTMENT may allow an extension of time for the contract, for a reasonable period as agreed by the parties, should a delay or hindrance occur. The LOCAL AUTHORITY and/or the DEPARTMENT shall not waive any of its rights under the contract by permitting the CONSULTANT to proceed with the contract after the established completion date. 23. CONSULTANT'S ENDORSEMENT ON PLANS, ETC.: The CONSULTANT (if a firm, the responsible principal) is required to endorse and affix its seal to plans, reports, and engineering data furnished to the LOCAL AUTHORITY and/or the DEPARTMENT under this contract. 24. CONTRACT MODIFICATIONS: This contract may be amended, modified, or supplemented, as it is mutually agreed to by the parties by written contract modification, executed by the parties hereto and attached to the original signed contract. If there is Federal funding as part of the revenue for this contract, the Federal Highway Administration must approve all changes. Claims for services furnished by CONSULTANT, not specifically authorized by this contract or by appropriate modification, shall not be paid by the LOCAL AUTHORITY or the DEPARTMENT. When a contract modification has been agreed to by the parties no claim for the extra work done or material furnished shall be made by the CONSULTANT until the written modification has been fully executed. Any verbal agreements not confirmed in writing are non -binding. 25. TERMINATION: This contract may be terminated as follows: (a) Mutual agreement of the parties; in writing and signed by the parties. (b) By either party for failure of the other party to fulfill its obligations, as set forth with the provisions of this contract and in particular with Attachment C, "Services Provided by the CONSULTANT" or Section 40, "Duties of the DEPARTMENT". Reasonable allowances will be made for circumstances beyond the control of the CONSULTANT and the LOCAL AUTHORITY or the DEPARTMENT. Written notice of intent to terminate is required and shall specify the reasons supporting termination. (c) By the LOCAL AUTHORITY or the DEPARTMENT for the convenience of the State or the LOCAL AUTHORITY upon written notice to the CONSULTANT. (d) Upon satisfactory completion of required contract services. tevised 2/12/14 CO C CD DI Q Page 78 of 116 Page B7 of 12 " ATTs.n. CH F ! 1�� T 'tea On termination of this contract all accounts and payments will be processed in accordance with contract terms. An appraisal of the value of work performed to the date of termination shall be made to establish the amount due to or from the CONSULTANT. If the contract fee type is Cost -Plus -Fixed -Fee -With - Fixed -Total -Additive -Rate and the contract is terminated for reasons other than (d), the final fixed fee amount will be paid in proportion to the percentage of work completed as reflected by the periodic invoices as of the date of termination of the contract. Upon determining the final amount due the CONSULTANT, or to be reimbursed by the CONSULTANT, in the manner stated above, the final payment will be processed in order to close out the contract. 26. DESIGN/CONSTRUCTION: The CONSULTANT will utilize all current DEPARTMENT standards and be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. The CONSULTANT will, without additional compensation, correct or revise any errors or omissions in its design, drawings, specifications and other services. This contract may remain open for modifications for any unforeseen work that may be deemed necessary by the DEPARTMENT going into the construction phase to accommodate future work by the prime CONSULTANT or sub -consultant. CONSULTANT will perform the services in accordance with the customary standard of professional care. 27. ELECTRONIC PLAN ROOM DOCUMENTATION: All consultants will be expected to adhere to the current DEPARTMENT development standards on the web site. It is the CONSULTANTS responsibility to provide all plans, specifications, surveys, and associated data in the DEPARTMENT acceptable electronic formats on one or more CD's. All project data will be organized in the DEPARTMENT'S project directory structure as specified in the DEPARTMENT'S current CADD Standards. It is the CONSULTANT'S responsibility to be aware of all DEPARTMENT requirements and formats. The DEPARTMENT CADD standards are available at the Engineering Technology Services (ETS) sub -page of the DEPARTMENT website www.udot.utah.gov/ets. Computer Aided Drafting and Design acceptable formats are as follows: (a) Drafting: MicroStation Design format (.dgn) by Bentley Systems Inc., version 8.5 or higher. (b) Civil Design: InRoads by Bentley Systems Inc. version 8.8 or higher acceptable formats are as follows: Geometry files (.alg), Surface or digital terrain models (.dtm), Template libraries OW, and Roadway Designer files (.ird). (c) Survey and Photogrammetry: InRoads Survey format (.fwd) by Bentley Systems Inc. version 8.8 or higher. Raw survey files will be in ASCII format, (point number, Northing, Easting, Elevation and code). Survey points will be coded using the DEPARTMENT feature codes located in the DEPARTMENT preference file (.xin) and Raster Images (aerial photos) will be in MicroStation compatible formats. Design and Survey work will adhere to the DEPARTMENT CADD Standards and "Mapping & Aerial Photogrammetry" Guide. (d) Plotting: In order for the project to be published into the DEPARTMENT Electronic Plan Room (EPR) system, the CONSULTANT will prepare a file to direct the DEPARTMENT's plotting software, InterPlot, by Bentley Systems Inc. to produce the correct output. This is the InterPlot Organizer's plot -set file (filename.ips). This file contains specifications for each sheet in the plan set and controls the order and name of each sheet as they will appear in the EPR system. Instructions for preparing this file can be found at the DEPARTMENT Engineering Technology Services (ETS) website as stated above. (e) Responsibility: Region Designers/Consultants, Action - When submitting electronic files for advertising, Region or consultant designers must deliver to the DEPARTMENT the design files on CD's in the established project directory structure. The following files must be included in the submittal: 1) Major design files, including roadway design, structure, striping, signing, signals, and profiles (Microstation format), 2) Existing topography and existing utilities (Microstation format), 3) Existing and proposed surfaces (dtm format), 4) InRoads alignments (alg), templates OW, roadway designer files (ird) and preference files (xin), 5) Configuration and resource files including font and linestyle resource files. 2evised 2/12/14 Page B8 of 12 Page 79 of 116 (f) Placement: Action — Project data must be delivered to the DEPARTMENT on CD's in the established project directory structure. The CONSULTANT will be responsible for the accuracy of the translated data. Technical and Standards support will be provided to the CONSULTANT through the Engineering Technology Services Group of the Project Development Division at UDOT. 28. REQUIREMENTS FOR COMPUTER ELEMENTS: Hardware, firmware and/or software elements that the CONSULTANT procures, furnishes, licenses, sells, integrates, creates and/or enhances for the LOCAL AUTHORITY and the DEPARTMENT under this contract shall achieve the specific objectives specified in the work plan. These elements shall be free of defects, or "bugs," that would prevent them from achieving the objectives specified in the work plan. Computer software and applications created and/or enhanced under this contract shall include as deliverables; user instructions, program documentation, program listings, source code and executables in specified compiled formatted files. The program documentation shall include flow charts and detailed treatment of decision algorithms and their technical basis. Appropriate LOCAL AUTHORITY individuals will review "user instructions" and "program documentation" for acceptability. Formal sign -offs will record such events and be part of the project repository. Software development and operating system platforms shall be approved by the LOCAL AUTHORITY and the DEPARTMENT and specified in the work plan. Changes to these platforms shall only be allowed by written authorization by the LOCAL AUTHORITY and the DEPARTMENT. 29. COST PRINCIPLES: Regardless of the funding source, the costs allowable for reimbursement will be governed by the Federal Acquisition Regulations, Title 48, Part 31, as modified by Utah State law, administrative rules, and regulations on contract provisions. 30. RIGHT OF WAY SUBMITTAL REQUIREMENTS: Submission of right of way acquisition packages are required to follow the UDOT Right of Way ProjectWise Naming Convention and Attributing Guide, as amended, which is incorporated herein by this reference. The Guide may be found on the UDOT website www.udot.utah.qov/go/rowproiectwisequide. (Provision revised September 30, 2013.) 31. GOVERNMENT RECORDS AND ACCESS MANAGEMENT ACT: Pursuant to the Government Records Access and Management Act, Title 63G, Chapter 2, Utah Code Annotated, the CONSULTANT understands that if it believes that any records it submits to the DEPARTMENT and/or LOCAL AUTHORITY should be considered confidential for business purposes under Utah Code Ann. §63G-2-309, it must attach written notice of that opinion to the record when it first submits it. The CONSULTANT understands that the DEPARTMENT and/or LOCAL AUTHORITY will not treat any such record as confidential under Section 63G-2-309 absent such written notification. Additionally, the CONSULTANT agrees that neither the State of Utah, the DEPARTMENT and/or LOCAL AUTHORITY, nor any of their agents or employees are responsible for disclosure of any record that the CONSULTANT considers confidential if either the State Records Committee or a court orders it released. 32. WORK ACCEPTANCE: (a) All work performed under this contract shall be performed in accordance with Standards, Specifications, Manuals of Instruction, Policies and Procedures established by the DEPARTMENT. All work shall be subject to the approval of the LOCAL AUTHORITY and the DEPARTMENT through its designated representatives. When the work is Federally funded, the LOCAL AUTHORITY and the DEPARTMENT will coordinate with the Federal Highway Administration (FHWA) to obtain concurrence in the work. (b) Reviews and Quality Assurance: All contracts require a quality control / quality assurance plan and checklist. For design projects specifically, the CONSULTANT shall provide a project specific QC/QA plan that meets or exceeds the DEPARTMENT'S standard QC/QA plan located on the DEPARTMENT web page at www.udot.utah.gov/qo/gcga which is hereby incorporated by reference into this contract. If the CONSULTANT elects to use its own QC/QA plan, that plan shall, as a minimum, contain the requirements of the DEPARTMENT'S plan and be approved by 2evised 2/12/14 C Q Page 80 of 116 Page B9 of 12 ATTACHMENT B the DEPARTMENT'S Project Manager. The CONSULTANT will meet all document retention requirements and schedules. (Provision revised February 12, 2014.) 33. GENERAL CONTROL AND INSPECTIONS: The CONSULTANT shall be represented at progress review meetings as may be scheduled by the LOCAL AUTHORITY and the DEPARTMENT. The CONSULTANT shall accompany LOCAL AUTHORITY and the DEPARTMENT personnel and other representatives on field inspections and at conferences as may be required. 34. IF THIS CONTRACT IS FOR DESIGN: (a) The design consultant will be retained to answer and clarify any questions on the design during construction. The consultants will be required to include this task in their cost proposal. The Construction Project Engineer will call on the CONSULTANT as he needs him. If the work required from the CONSULTANT is due to errors in the design, the CONSULTANT will not be reimbursed. To enhance the communication between the LOCAL AUTHORITY, the DEPARTMENT and Consultants, the LOCAL AUTHORITY and the DEPARTMENT are requiring that the CONSULTANT attend the following meetings: kickoff meeting, preconstruction meeting, and the final inspection meeting. These meetings should be included in the detail work plan. (b) If the project requires horizontal and vertical control to be established and/or identifying existing surface features to develop a Digital Terrain Model (DTM) for the design of the project, the CONSULTANT will follow the narrative in the Project Delivery Network for Task 1 B1 Develop Base Mapping/Existing Surface on the UDOT website www.udot.utah.qov/qo/pdnodn, which is incorporated herein by this reference. (Provision revised September 30, 2013.) 35. IF THIS CONTRACT IS FOR CONSTRUCTION ENGINEERING MANAGEMENT: (a) Construction Administration Administration of any construction project delegated to the CONSULTANT. The CONSULTANT will perform activities for Construction Administration as identified and defined in the UDOT Construction Manual of Instruction. Deliverables and checklists for the project are based on project specifications. The CONSULTANT is required to comply with DEPARTMENT partnering requirements and oversee contractor participation. This includes but is not limited to attending DEPARTMENT training, leading the partnering effort on the project along with the contractor, participating in weekly updates on the partnering website, and monitoring and measuring partnering on the project. The CONSULTANT is responsible for required documentation for any item addressed in the project specifications and Construction contract. Items will include, but not be limited to, Materials Testing, Materials Certifications, Change Orders, Project and Materials Inspection, Civil Rights requirements, Engineer's Diary, Subcontracts, Payrolls, Meeting Minutes, Project Scheduling and Process Review summaries. (b) Materials Testing and Inspection The CONSULTANT will perform materials testing and inspection in accordance with the requirements of the project Construction contract. These requirements include the Materials Acceptance and Independent Assurance Programs, as outlined in the UDOT Materials Manual of Instruction (MOI). The Materials Acceptance Program defines requirements for acceptance testing and verification testing. The Independent Assurance Program defines requirements for independent assurance testing, personnel qualifications and laboratory qualifications. (c) Acceptance Testing/Inspection Acceptance testing/inspection will be performed in accordance with the project specifications and UDOT Minimum Sampling and Testing Requirements (MS&T). Minimum frequencies for materials acceptance testing and inspection are defined in the UDOT MS&T and are the absolute minimum for the identified materials, regardless of special provision requirements. (d) Independent Assurance Testing Requirements for Independent Assurance testing are outlined in the UDOT Materials MOI and project level requirements will be performed and documented by the CONSULTANT at the project level. Documentation will be provided for IA test results, personnel qualifications and laboratory tevised 2/12/14 CU C CD CO Q Page 81 of 116 Page B10 of 12 ATT ry CfiM?L"N T Ei qualifications. Documentation for personnel and laboratory qualification will be performed prior to any sampling or testing being performed on the project. (e) Project Inspection Project Inspection is a combination of the presence of the CONSULTANT, and the documentation of the project's daily activities. The CONSULTANT will perform inspection in accordance with project specifications and documentation will include, at a minimum, Inspector's Daily Reports, materials placement inspection reports, project diaries, measurement and payment information, and project visual reviews for items such as traffic control placement and conformance, etc. (f) Project Closeout Project information obtained through contract administration, materials testing and project inspection will be collated and reviewed by the CONSULTANT to assure that all of the necessary documents are present to demonstrate compliance with the plans, specifications and Construction contract. Closeout will be performed in accordance with the comprehensive checklist in the UDOT Construction MOI and will include at a minimum, all C-106 forms, the project C-196 form, all change orders and all administrative requirements, such as payrolls and Civil Rights requirements. (g) The DEPARTMENT's Construction Manual of Instruction and Materials Manual of Instruction can be obtained from Central Construction and Materials Division 801-965-4346 or available at the sub -page of the DEPARTMENT website www.udot.utah.gov/ets. 36. INSPECTION OF INTELLIGENT TRANSPORTATION SYSTEMS (ITS) AND ELECTRICAL CONSTRUCTION: In order to ensure complete impartiality in the performance of construction inspection, any consultant engineering companies who are concurrently performing or bidding on ITS or electrical construction work for the LOCAL AUTHORITY and/or DEPARTMENT will not be considered eligible to perform construction inspection of ITS or electrical work on any projects as part of a consultant contract. Consultants who are selected to do ITS or electrical construction inspection as part of a consultant contract will be requested to affirm that they currently are not performing or bidding on any electrical or ITS construction work for LOCAL AUTHORITY and/or DEPARTMENT and will not for the duration of the relevant consulting contract. For the purposes of this provision, ITS or electrical construction is defined as follows: Work involving the installation or repair of underground electrical conduit, electrical cables, fiber-optic cable, or any other construction work involving 120 volt (or greater) current for which an electrician's license is required. Field work taking place inside an electrical cabinet, or involving low voltage detection or data circuits, will not be considered ITS or electrical construction. Diagnosis, testing, calibration, aiming, resplicing, or repair of low voltage detection circuits, fiber-optic cable, or detection equipment will not be considered ITS or electrical construction. Consultant engineering companies who also perform ITS or electrical construction work under contract to LOCAL AUTHORITY and/or DEPARTMENT will be eligible to perform the following types of consulting work, provided that the work is on completely different projects, with no possibility for conflict of interest: design work, ITS system integration, software development. 37. NO THIRD PARTY BENEFICIARIES: The parties enter in to this contract for the sole benefit of the parties, in exclusion of any third party, and no third party beneficiary is intended or created by the execution of this contract. 38. COORDINATION WITH DEPARTMENT FUNCTIONAL MANAGERS: In order to ensure programmatic consistency, if the project requires, the CONSULTANT will coordinate decisions with the Region and/or Central Functional Managers in addition to the DEPARTMENT Project Manager. It is important for consultants to seek input into decisions from the technical experts within the DEPARTMENT. 39. USE OF STATE SEAL AND UDOT LOGO: The CONSULTANT will not misrepresent their employees as State of Utah employees. The CONSULTANT will not use the Utah State Seal or UDOT logo on business cards for their employees nor use Utah or UDOT letterhead on correspondence signed by their tevised 2/12/14 CU C DI Q Page 82 of 116 Page B11 of 12 ATTACHMENT employees with the following exception: the CONSULTANT may incorporate the UDOT logo on their business cards stating, "In partnership with UDOT" in addition to the CONSULTANT'S own logo. The CONSULTANT may prepare correspondence for the approval and signature of appropriate State of Utah employees. 40. DUTIES OF THE LOCAL AUTHORITY AND THE DEPARTMENT: (a) Guarantee Access: The LOCAL AUTHORITY and/or the DEPARTMENT shall guarantee access to and make all provisions for the CONSULTANT to enter upon all lands, both public and private which in the judgment of the parties hereto are necessary to carry out such work as may be required. (b) Prompt Consideration: The LOCAL AUTHORITY and the DEPARTMENT shall give prompt consideration to all reports, plans, proposals and other documents presented by the CONSULTANT. (c) Documents: The DEPARTMENT shall furnish Standards, Specifications, Manuals of Instruction, Policies and Procedures, and other available information, including any material previously prepared for this work. Specific materials related to this contract that will be furnished by the LOCAL AUTHORITY and the DEPARTMENT. (d) Services: The LOCAL AUTHORITY and the DEPARTMENT will perform standard services relating to this contract. revised 2/12/14 R0 C cu co Q Page 83 of 116 Page B12 of 12 SERVICES PROVIDED BY THE CONSULTANT 1. SCOPE SUMMARY: Provide Construction Engineering Management services for the Moab 500 West Phase III, Mill Creek Bridge to Kane Creek reconstruction project. Tasks will include: Attending the PS&E Meeting, Preconstruction Meeting, Inspection, Materials Testing, Project Documentation, Project Accounting, Project and Partnering Meetings, Project Close Out, and other construction management as required to complete the project. 2. SCOPE DOCUMENTS: Following are the scope items contained in this attachment pages 2 through 11: (a) Approval Memo (b) Executive Summary (c) Detailed Work Plan (d) Personnel/Staffing Plan (e) Schedule (1) Completion: All work shall begin within seven (7) days of notice to proceed and shall be completed by December 31, 2015. (2) Project/Contract Period: The project/contract will terminate December 31, 2015, unless otherwise extended or canceled in accordance with the terms and conditions of this contract. If additional time is required beyond the project completion date, the CONSULTANT shall submit a "Contract Time Extension Modification" to the LOCAL AUTHORITY and the DEPARTMENT'S Project Manager for approval and processing. .evised 1/25/12 C co Q Page 84 of 116 Page C1 of 11 Uluv koUlibUlr`a1111, aelvices Contract Approval Memo Memo Printed on: October 21, 2014 12:17 PM arhwilMiliNfak.nirrrricrar PM Approval Date: October 13, 2014 UDOT PM: Rustin Anderson The Project Manager has reviewed and approved the contract/modification documents: Executive Summary, Work Plan, QC/CA Plan and Checklist, Staffing Plan, Work Schedule, and Cost Proposal. PROJECT INFORMATION PIN: Project No.: Job/Prof: PIN Description: CONTRACT INFORMATION 9983 F-LC19(15) 5354613C Moab 500 West Phi: Mill Creek Bridge to Kane Creek CS Admin: Contract No.: Mod No.: Expiration Date: Contract/Mod Amount: Fee Type: Selection Method: Period: Phase: Discipline: CONTACTS Michael R. Butler New CEM Moab 500 West Phase III - Mill Cr. to Kane Cr. December 31, 2015 S119,808.95 COST PLUS FIXED FEE POOL - GE / LG (DIRECT SELECT) 2013-2016 GE / LG CONSTRUCTION ENGINEERING CONSTRUCTION ENGINEERING MANAGEMENT Consultant HORROCKS ENGINEERS, INC David Dillman 2162 WEST GROVE PKWY STE 400 PLEASANT GROVE, UT 84062 Local Government City of Moab Eric Johanson 217 E. CENTER MOAB, UT 84532 (435) 259-4941 EJOHANSON@MOABCITY.0 Attachment C 2-- of \ L_ Page 85 of 116 Michael Butler <michaelbutler@utah.gov> LG Approval Memo — Project No. F-LC19(15) / PIN 9983 Donna Metzler <donna@moabcity.org> Tue, Oct 28, 2014 at 2:26 PM To: Michael Butler <michaelbutler@utah.gov> The City is aware of the contract limit as described. This contract is just over $119,000 but cannot exceed $150,000 for the life of the contract including any modifications. Donna Metzler Pyloab City Manager 217 East Center Street Moab, Utah 85432 435 259 5121 donna@moabcity.org On Tue, Oct 2€., 2014 at 1;67 PM, michaei Buti@r omiehaelbutler@uteh.gov+mots Donna, Thank you for the email, Could you please- also confirm that you arc aware Of the contract limit for this type of contract of $159,990? This contract is just over 1119,000 but cannot exceed $150,000 for the life of the contract including any mods. Thanks Mike Mike Butler Contract Administrator (Consultant) UDOT Consultant Services 45G I South 2700 Mot PO Box 148490 Salt Lake City, UT 84114-8490 michaelbutler@utah.gov 801-965-4419 phone 801-815-4367 cell 801-965-4796 fax Please note: To better serve the public, our hours of operation are now 8 a.m. to a p,m, Monday to Friday On Tue, Oct 28, 2014 at 9:10 AM, Donna Metzler <donna@moabcity.org, wrote: The City of Moab concurs with proceeding with the contract as described. Donna Metzler Moab City Manager 217 East Center Street Moab, Utah 85432 435 259 5121 donna@moabcity.org On Mon, Oct 27, 2014 at 9:35 PM, Michael Butler <michaelbutler@utah.gov> wrote: Donna, Good morning. Eric Johanson mentioned that he had forward, Attachment C _�_ of AL_ Page 86 of 116 provide the city's c'oncurr nce. Have you !lad a chance to look. into responding to this grail? I just simply need an email as fisted b lgw sry can put the contract together, You'll still have: the contracts corning to the city/ for signatures, This needed email response is simply so we k.nqw that the city is aware of the contract in proF�355 and lot you know that it'll be routing for your 7ignotur-e5 in the near future. Please contact mP with any questiori.s, Thanks Mike Mike Butler Contract Administrator (Consultant) UDOT Consultant Services 4501 South 2700 West PO Box 148490 Salt take City, UT 8411449i michaelbutler@utah.gov 801-965-4419 phone 801-815-4367 cell 801-965-4796 fax Please note: To better serve the public, our hours of operation are now 8 a,m, to 5 p: m, Monday to Friday On Tue, Oct 21, 2014 at 1 A2 PM, Micheel Butler ornichaelbutler@utah.gov wrote RE: Project No, F=LC19(19) / PIN 99$3 Moab 5ot. West Phi: Mill Creek Bridge to mane Creek Eric, I have received the necessary doCurtents to put the above contract together from klorrocks, However, before the contract can be complied, please review the attached document and reply to this email stating that Moab City is aware/okay with the contract being put together, Once that approval i$ received I Will have the contract seat out for signatures and final review before it is executed, Please also acknowledge that Moab City is aware of UOOT's contract limits for pool contracts, The limit for the total contract amount is $150,000,00 for the life of the contract, including any and all future modifications. A simple email back that you are okay with the contract ANA Xpta underetand khe 11ts is sufficient. -_Please respond to both re,- uirements in the reap. ndIng email back, No signature Is required on the attached document. Thanks, Mike Butler Contract Administrator (Consultant) UDOT Consultant Services 4501 South 2700 West PO Box 148490 Salt Lake City, UT 84114=8490 michaelbutler@utah.gov 801-965-4419 phone 801-815-4367 celi 801-965-4796 fax Attachment C Li of l� Page 87 of 116 HORROCKS ENGINEERS, INC UDOT Executive Summary Contract Number: NEW Mod: Prime Project Number: F-LC19(15) PIN: 9983 UDOT Project Manager: Rustin Anderson Udot PIN Description: Moab 500 West Ph3: Mill Creek Bridge to Kane Creek Brief Description Horrocks will perform CEM services for the 500 West; Phase 3 project. Roadway improvements will begin at Mill Creek bridge on the north and extend south to the Kane Creek Blvd. intersection. The improvements will continue on Kane Creek Blvd. approximately 550' east to tie-in to existing curb and gutter. Improvements include: new pavement, road widening, curb and gutter; a pedestrian trail and storm drain elements. This contract will implement improving the existing 500 West/ Kane Creek Blvd. intersection. The project CM schedule and budget is based on a 45 Working Day Contract with the contractor working approx. 40 hour work weeks during normal working hours. Horrocks will test materials per UDOT Minimum Sampling and Testing Requirements using Horrocks' AASHTO accredited lab in accordance with UDOT Manual of Instruction. Acceptance of materials will be per UDOT Acceptance and Documentation Guide. Project Team No Subcontractors Assumptions The project CM schedule and budget is based on a 45 Working Day Contract with the contractor working approx. 40 hour work weeks during normal working hours. Phasing None Fee Type Cost + Fixed Fee; cost is developed from actual pay rates (X) Consultant Services approved overhead rate; plus a fixed fee of SO%. Page 88 of 116 Attachment C of _It_ UDOT Work Plan Contract Number: NEW Mod: HORROCKS ENGINEERS, INC Prime Project Number: F-LC19(15) PIN: 9983 UDOT Project Manager: Rustin Anderson Udot PIN Description: Moab 500 West Ph3: Mill Creek Bridge to Kane Creek Activity: 85C 85C Pre -Construction Review • Pre -Construction and Partnering Meeting • Review and become familiar with plans and specs/ Site Visits • Meet with contractors biding on the projects Activity: 87C 87C Construction Management • Weekly project update and partnering meetings (9 weekly meetings) • Change Orders • Process Reviews • Traffic Control and MOT Review • Final Inspection and post construction conference • Coordination with utilities, R/W and other stake holders Attachment C _�_ of t1_ Page 89 of 116 Activity: 89C 89C Project Administration • Project Documentation • Set up materials tracking software • Project Wise Inputs • Pay Estimates • Status of Contract Time • Review and Check Quantities • DBE, EEO and Payroll CHecks • Sub -Contract Review and Approval Activity: 91C 91C Field Inspection • Daily Inspection of Work (45 days) • Daily Diary Entries and Item Comment Entries • Survey verification • Traffic Control and MOT Inspection • Environmental Inspection (BMP) • Sampling of Soils • Concrete Testing in the Field • Collect and assemble weight tickets • Complete Forms 348's and 138's • Density Testing in the Field • Safety Inspections Activity: 93C 93C Materials Testing • Soils Testing • H.M.A. Testing • Concrete Strength • Sampling of Materials at Plants • Lab Documentation • Lab Test Results Page 90 of 116 Attachment C _ of ll__ Activity: 95C 95C Public Involvement • Compliance with the Specification • Coordination with Stakeholders, LG and UDOT Activity: 97C 97C QC/QA Control Activity: 99C 99C Construction Closeout • Final Forms and Documentation • Project Wise Review • Close Out Check List • Materials Review • Post Construction Conference • Submit to RCS Attachment C _ of Page 91 of 116 Z/6 e5ed I wd 81 zc iriOZ/LZA 4-� O 'popea palaa ay; ouprip auuey:, d{GJ Nd{Gu .,yi uol;eueldx3 aauepen a;eb fed U 6L 6' 6 :ONI `SH33NION3 S>10O2121OH Jo; sinoH Ie;ol d1N .17ti'46$ 90'96$ OE I. 13A31 10V NVIOINHO31 evi -eno a '21O1At a) d1N 6E186$ 176'L6$ 5Z 8Z9Z91. O1OdM NVIOINHO318V1 3>Idf 'S0912 d1N 69'81.$ EZ'81.$ bZ 1NVLSISSd 3A11VU1SINIWdd 121H3f `A3NU\ V d1N 68'66$ EE'66$ 5Z LL6696 O1O`dM H0318t11 3NA1 `lld Pi d1N 99'ZZ$ 01.7Z$ 8ti H031301dd0 ANddd11 .V2132121= 4J d1N 60'9Z$ 0'17'17Z$ L 117 dO1 '8881.91• 'O1O`dM NdIOINH031 a131d US 31` C1 'NOSNO rC d1N 60'9Z$ OVVZ$ OV 0O1`dM NVIOINH031 a131d US >IOdW '11dH d1N LT9Z$ b0'4Z$ Z1• NdIOINH031 a131d US 4011 M 'NOS1UUVH d1N 80'9Z$ WgZ$ t751• 10130 H0313011d0 d4N11 'ONnoA d1N Z6'0E$ LVOE$ ZI• d01'170Z096 #01OVM NdIOINH0314131d US 3adM1:1 `2101Ad1 d1N ZZ'LE$ 917'0E$ ZE 99E1.91. # OO1dM 213OVNdW 8d1 3113HOI W A113>1 '213NV2:1O d1N 69'8E$ L9'L£$ .17Z 866699g-1n 21OA3AU1IS a3SN3011 US A3NaO21 'A31MO21 d1N 176'6E$ 66'8E$ ZH. ZOZZ-66EL6Z8-in S8 2133NION31N3QIS3U misnd'113dddH0 d1N 91•'914 80'1717$ 17 960SLE-111 11A10 S8 3d 'II 2133NION3 11O08 `NOS1O d1N 9£'09$ 6818S$ 961. ZOZZ-6irfrLn-in '3'd/'S'8 3d `11 2133NION3 1dd1ONIUd aIAVC1 'MdW111a d1N 90179$ 0979$ Z1• ZOZZ-666EZ£-in 10130 `1dWOO JO 12130 3d `112i33NION3 21S 1A2134 'M3HAdW d1N Z6'EL$ ZVZL$ ZI• VE099yin 11A10 S8 3d '2133NION3 1ddIONRId US X321 `NOS12121dH oleo lenoiddy Net! lesodoid Neu ;Pomp sinoH iagwnN asueon uol;e31.41P00/u014e3nP3 ant. gor;oe.quo0 auieN aaAoldui3 masio aueN o; a6ppg maa-10 IIIW :Eild ;saM 009 WW1 :uondposea Nld ;opt uosJapuy ul;snu :aa6euew loa[oid loan E866 :Nld (56)6601-d maquinN;aa(oid :pow M3N :aagwnN;aequo0 ueid Bugleis loan 0Wyd ONI `S833NI0N3 SM00880H I Page 92 of 116 epueBv Z2 a8ed I wd sc zc 171.10Z/1 Z/ w 0 (I �I I U Attachment d1N 9Z171$ 9Z171.$ 0 WON AVHO `NVAH d1N 69'96$ 69'96$ 0 dN 1d01b310 310HOIN `SIM31 d1N LULL$ LULL$ 0 1`d0121310 AHldO NOOOA 1 d1N 69'1•Z$ 69'1•Z$ 0 1d01H310 (AVO) ` IICINdS `NdW10H d1N LZ'ZZ$ LZ'ZZ$ 0 VN 1Nd1SISSd 3ALL` ?:11SINIWat1 ` IIQNdS `dH002:Id a;ea lenoiddy a;ea lesodoid Neu waun0 sanoH aaquanN asuoon uol;e3N-103/uol;eanp3 am gor;ae.quo0 ameN aat(oldui3 jje;S Ole LUNIV maao aueN a6pPg ){aa-10 II!W :£4d 3seM 009 geoIAJ ;opt uosaapuy upsnlj :aa6eueW;aafoid loan £966 :Nld (9 061.01-d :uopdposap Nld :JequanN;aa[oad :pow M3N :aaquinN pe.quo0 ueld BugJelS loan awed ONI `SLI33NI01\13 S>100880H Page 93 of 116 epueBv Agenda 966 Jo b6 abed q.uauitlovq.q.K 0 Moab 500 West Ph3; Mill Creek Bridge to Kane Creek Project No. F-LC19(15); Pin No. 9983 Schedule 2014 2015 Task No. Task Description Oct - Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct - Dec 85C Preconstruction Review 87C Construction Management 89C Project Administration 91C Field Inspection 1 44. 93C Materials Testing 95C Public Involvement 97C QC/QA Control 99C Construction Closeout WO ATTACHMENT D FEES COST PLUS A FIXED FEE WITH FIXED TOTAL ADDITIVE RATE 1. COST PLUS A FIXED FEE: For all services and materials pertinent hereto and/or specifically described herein, except as otherwise explicitly cited, the LOCAL AUTHORITY agrees to pay the CONSULTANT for the actual allowable cost and the FIXED additives plus a fixed fee. Overhead rates have been reviewed, approved, and are limited to the costs which are allowable under Federal Acquisition Regulations, contained in Title 48 CFR, Part 31. The contract cost includes direct labor expense, payroll additives; indirect costs and other direct non - salary costs as outlined below. Guest meals (meals paid by a consultant or a consultant's employee for someone other than his/her self) shall not be eligible for reimbursement unless previously approved in writing by the DEPARTMENT Project Manager and the LOCAL AUTHORITY. (a) The direct labor expense is the actual salary expense for professional and technical personnel and principals for the time they are productively engaged in work necessary to fulfill the terms of this contract. The payroll additives and indirect costs are FIXED as 139.32% of the direct salary expense. (b) If necessary and DEPARTMENT approved, any additional direct expenses incurred in fulfilling the terms of this contract, including but not limited to travel and lodging, reproduction, telephone, equipment, supplies and fees of outside CONSULTANTS or sub -consultants will be reimbursed at actual costs. If the CONSULTANT'S normal accounting practice is to include some of these costs as indirect expenses, then this contract will be consistent with that practice. These types of costs must be disclosed as part of your accounting practices and in conformance to Federal Cost Principles. (c) The fixed fee has been determined and agreed upon as 10.00% of the combined estimated direct labor and the Overhead amount, which represents the CONSULTANT'S profit of $9,346.72. The fixed fee percentage is not a floating percent and should not be billed as a percent of labor. Rather, the fixed fee payment will be prorated and paid regularly in proportion to the percentage of work completed as reflected by the periodic invoices; that is, on the same ratio as the invoice cost bears to the originally estimated total for CONSULTANT'S actual cost which is the maximum amount payable minus the fixed fee. Any portion of the fixed fee payment not previously paid in the periodic payment will be covered in the final payment. Overruns in the costs of the work do not warrant an increase in the fixed fee, but significant changes to the Scope of Work may require adjustment of the fixed fee in the contract as evidenced by a contract modification. 2. MODIFICATIONS: In the event the LOCAL AUTHORITY requires changes of services which materially affect the scope or work plan, with a resulting material increase in cost to the CONSULTANT, a contract modification for additional compensation and time for completion shall be entered into by the parties hereto prior to making such change. Any such work done without prior LOCAL AUTHORITY and the DEPARTMENT agreement shall be deemed ineligible for reimbursement by the DEPARTMENT. The LOCAL AUTHORITY will not entertain requests or claims for reimbursement and remuneration unless written approval is given prior to performance of the work. 3. PROGRESS PAYMENTS: Progress payments are based upon the approved percentage of work completed and are made pursuant to certified invoices received. 4. INVOICES: The CONSULTANT will submit monthly payment requests promptly and no later than 45 calendar days after each monthly billing cycle. Invoices are to reflect charges as they apply to the appropriate contract, project, and account number, and must be certified and executed by an official legally authorized to bind the firm. The invoice must be substantiated with appropriate supporting co C a) cia revised 6/27/12 Page D1 of 5 Page 95 of 116 AT TACHP-/jEN i D documentation such as time sheets, labor reports, or cost accounting system print-out of employee time, receipts for direct expenses, and subconsultant invoices and supporting documentation that is reviewed and approved by the DEPARTMENT'S Project Manager and subject to final approval by the DEPARTMENT'S Comptroller's Office. Payment requests for services performed on or before the last day of the Utah fiscal year (June 30), must be submitted no later than 30 calendar days after the billing cycle, see Utah Code Ann. § 63J-1-601. The CONSULTANT acknowledges untimely billing may adversely affect the LOCAL AUTHORITY and DEPARTMENT due to federal funding requirements in 49 CFR § 18.23, and/or the state fiscal constraints imposed upon it as a department of state government by Title 63J, Chapter 1, Budgetary Procedures Act. The CONSULTANT waives payment, and waives the right to bring action in law or in equity to recover payment for services, for any and all payment requests the DEPARTMENT does not receive from the CONSULTANT within the timeframe provided under this contract. (Provision revised June 27, 2012.) 5. FINAL PAYMENT: Final invoice payment will be released only after all materials and services associated with this contract have been reviewed and approved by the DEPARTMENT'S Project Manager and finalized by the DEPARTMENT'S Comptroller's Office. The final invoice payment will not be released until a project evaluation form has been completed by the LOCAL AUTHORITY and the DEPARTMENT'S Project Manager and submitted to Consultant Services and the Comptroller's Office. The DEPARTMENT'S Project Managers and the Comptroller's Office have the right to hold the final payment on certain projects when design and construction are performed by two separate Consultants or if there is a potential possibility of a design or construction error. The DEPARTMENT Comptroller's Office also has the right to hold the final invoice payment until the final audit is complete upon the request of the DEPARTMENT Project Manager. 6. FINANCIAL SUMMARY: The total maximum amount of disbursement pertinent to this contract shall not exceed $119,808.95 Contract overruns will not be paid. 7. COST PROPOSAL: The overhead rate shown in the CONSULTANT'S and/or sub -consultant's cost proposal has been determined and agreed upon by the parties and is included in this contract. The CONSULTANT will invoice the DEPARTMENT using the actual Wage Rates, FIXED Overhead, prorated Fixed Fee, and any additional Direct Costs. Invoices submitted to the DEPARTMENT must reflect the staffing plan and associated hourly wage rates, labor hours used, and other costs submitted in the CONSULTANT cost proposal. The Cost Proposal for the CONSULTANT and/or sub -consultant, if applicable, may be found in Attachment D, pages 3 through 5. tevised 6/27/12 C Q Page 96 of 116 Page D2 of 5 HORROCKS ENGINEERS, INC Prime UDOT Cost Proposal Contract Number: NEW Mod: Project Number: F-LC19(15) PIN: 9983 UDOT Project Manager: Rustin Anderson Udot PIN Description: Labor Costs Employee Name Contract Job Title Hours Proposal Rate Labor Cost BARNEY, JERRI ADMINISTRATIVE ASSISTANT 24 $18.69 $448.56 BRIGGS, JAKE LAB TECHNICIAN 25 $18.39 $459.75 CHAPPELL, AUSTIN RESIDENT ENGINEER 112 $39.14 $4,383.68 CRANER, KELLY MICHELLE LAB MANAGER 32 $31.22 $999.04 DILLMAN, DAVID PRINCIPAL ENGINEER II, PE 196 $60.36 $11,830.56 HALL, MACK SR FIELD TECHNICIAN 40 $25.01 $1,000.40 HARRISON, REX SR PRINCIPAL ENGINEER, PE 12 $73.92 $887.04 HARRISON, W ROD SR FIELD TECHNICIAN 12 $25.67 $308.04 HERRERA, TIFFANY OFFICE TECH 48 $22.65 $1,087.20 HIATT, TYNE LAB TECH 25 $19.81 $495.25 MAYHEW, DERYL SR ENGINEER II, PE 12 $64.06 $768.72 MONSON, DALE SR FIELD TECHNICIAN 417 $25.01 $10,429.17 OLSON, SCOTT ENGINEER II, PE 4 $45.18 $180.72 ROWLEY, RODNEY SR LICENSED SURVEYOR 24 $38.61 $926.64 TAYLOR, R. WADE SR FIELD TECHNICIAN 12 $30.92 $371.04 TAYLOR, RAQUEL LAB TECHNICIAN 30 $15.44 $463.20 YOUNG, LINDA OFFICE TECH 154 $26.08 $4,016.32 Total Hours: 1,179 Total Direct Labor: $39,055.33 Overhead: 139.32% $54,411.90 Total Direct Labor plus Overhead: $93,467.23 Fixed Fee: 10.00% $9,346.72 Burdened Labor Cost: $102,813.95 Other Direct Charges ODC Item Unit of Measure Qty Item Cost Extended Cost. COMPANY MILEAGE RATE 2014 MILE 12,000.0 $.510 $6,120.00 MILEAGE RATE 2014 MILE 2,000.0 $.560 $1,120.00 HOTEL MOAB (MAR 1-OCT 31) EACH 55.0 $128.000 $7,040.00 MOAB MEALS DAY 45.0 $51.000 $2,295.00 MOAB MEALS (PARTIAL DAY) DAY 10.0 $42.000 $420.00 Total Other Direct Charges: $16,995.00 Total Contract Cost: $119,808.95 10/21/2014 12:18 PM co C Q Attachment D _3_ of Page 97 of 116 Vi a8ed wd 81-Zc vcoZAZA w O A 4-1 A O OE 0 0 0 OE 0 0 0 0 13f ovH `2101At 0 9Z 0 0 0 9Z 0 0 0 0 3>iyf 'S0012 � bZ 0 0 0 0 0 17Z 0 0 12R13f `A3N21% +J 9Z 0 0 0 9Z 0 0 0 0 3NA1 `11y 4 917 0 0 0 0 0 917 0 0 ANVAA11 `b2132R13H LLV 0 0 0 0 1.017 17 0 Z6 31VC1 `NOSNOW 017 0 0 0 017 0 0 0 0 5-10dW 'TIyH Z6 0 0 0 Z6 0 0 0 0 0021M'NOS12121`dH 1796 17Z 0 0 0 0 N. 1• 8 8 VC1N11 `oNnoA Z 6 0 0 0 0 Z 6 0 0 0 3C1VM '2i '2101Ay1 ZE 8 0 0 VZ 0 0 0 0 3113H011N A113>1 '213Ny210 bZ 0 0 0 bZ 0 0 0 0 A3NC1OH `A31M021 Z66 VI. 0 0 0 0 ZL 9Z 0 NI1Sf1`d'113ddyH0 17 0 17 0 0 0 0 0 0 1100S 'NOS10 961. 176 Z 9 0 0 8Z 966 OE aIAVC1 `NyW11la Z6 0 Z6 0 0 0 0 0 0 1A213a 'M3HAyW Z6 0 Z1• 0 0 0 0 0 0 X311'NOS12121b'1-1 1e;01 366 016 396 0£6 314 368 318 398 GUNN 00A0.10u43 :uol;dlaosea NJd ppN uosiapuy uprild me6euew peroad loan E866 :NW (96)61.01-3 :aaquanN Pa(oad :PoW M3N :aacquanN peaquoa uogenpaa &moil loan awed ONI `S833NION3 S>IOO880H Page 98 of 116 epueBv Agenda 966 Jo 66 abed HORROCKS ENGINEERS, INC UDOT Hours Derivation Contract Number: Project Number: PIN Description: NEW F-LC19(15) Mod: PIN: 9983 UDOT Project Manager: Rustin Anderson Udot Prime 85C Firm Activity Totals: 50 85C o tivi 50 Transacts n Ac ty Totals: 87C 89C 91C 93C 95C 97C 99C Total 150 87C 290 89C 413 91C 180 93C 95C 6 30 97C 60 99C 1,179 Total 150 290 413 180 6 30 60 1,179 gueuigoPgq.v C I I� 0 1/21/2014 12:18 PM I �j Page 2/2 ATT AC id NI ENT E Insurance As stated in Attachment B - Standard Terms and Conditions, services to be provided by the CONSULTANT under this contract are required to be covered by insurance. Insurance shall be maintained in force until all activities which are required by this contract or as changed by contract modification are completed and accepted by the DEPARTMENT. Insurance Waived Expiration Date Insurance Carrier Policy Number Each Occurrence Limit General Aggregate Limit Additional Endorsement AUTOMOBILE LIABILITY N 7/1/2015 HARDFORD CASUALTY INSURANCE 34UENKW1770 $1,000,000 $0 Y EXCESS/UMBRELLA LIABILITY N 7/1/2015 TRAVELERS INDEMNITY COMPANY CUP6667Y094 $5,000,000 $5,000,000 N GENERAL LIABILITY N 7/1/2015 TRAVLERS INDEMNITY CO OF CT 6802559L570 $1,000,000 $2,000,000 Y HEALTH INSURANCE HB 331-2009 N 2/28/2015 UNITED HEALTH 753488 $0 $0 N PROFESSIONAL LIABILITY N 7/1/2015 XL SPECIALTY INSURANCE CO DPR9709359 $10,000,000 $10,000,000 N WORKERS COMPENSATION N 7/1/2015 HARDFORT FIRE INSURANCE 34WEBL8334 $1,000,000 $0 N tevised 4/23/2014 RI C II Q Page 100 of 116 Page E1 of 1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING November 25, 2o14 Agenda Item #: 7-7 / Title: Resolution #53-2014: Approving an Interlocal Agreement by and between the City of Moab and Grand County, Pertaining to the Ownership, Development, Operation and Maintenance of Lions Park, the Lions Park Trail, the Lions Park Transit Hub, and the Colorado River Pathway Fiscal Impact: The Lions Park Project entails $366,000 in city funds as a match for the Scenic Byways and Transportation Enhancement grants the City received. In addition, the maintenance and utilities at the park will cost approximately $20,000 per year. There will be revenue associated with park rentals in an initial amount estimated at $3,000 per year, for a net annual cost at around $17,000 per year. This amount has been anticipated for several years, and will be included in the 2015-2016 Fiscal Year Budget. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant/Vendor: NA Background/Summary: One of the last pieces in moving forward with the construction of Lions Park is to have an interlocal agreement in place that allows the City to construct improvements on county property and that provides for the City's taking over maintenance and operation of Lions Park after the construction of the improvements is complete. City staff presented an interlocal agreement to the Grand County Council last week. After making some changes regarding maintenance of the park and liability during construction, the County Council approved the agreement. This version of the agreement is now presented to the City Council. Options: Approve, Approve with Changes, Deny or Postpone Staff Recommendation: Staff recommends approval of the agreement as presented. Recommended Motion: "I move to approve Resolution #53-2014 as presented." Attachment(s): Interlocal Agreement Agenda Page 101 of 116 Resolution #53-2014 APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND GRAND COUNTY, PERTAINING TO THE OWNERSHIP, DEVELOPMENT, OPERATION AND MAINTENANCE OF LIONS PARK, THE LIONS PARK TRAIL, THE LIONS PARK TRANSIT HUB, AND THE COLORADO RIVER PATHWAY Whereas, the governing body of the City of Moab desires to enter into an Interlocal Agreement with Grand County to provide for the ownership, development, operation and maintenance of Lions Park, the Lions Park Trail, the Lions Park Transit Hub, and the Colorado River Pathway; and Whereas, the Agreement has been presented to this meeting of the City Council; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE AGREEMENT 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 25th day of November, 2014. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #53-2014 Page 1 of 1 Page 102 of 116 Agenda INTERLOCAL AGREEMENT By and Between The City of Moab (the "City") and Grand County (the "County") PERTAINING TO THE OWNERSHIP, DEVELOPMENT, OPERATION AND MAINTENANCE OF LIONS PARK, THE LIONS PARK TRAIL, THE LIONS PARK TRANSIT HUB, AND THE COLORADO RIVER PATHWAY RECITALS WHEREAS, the Interlocal Cooperation Act (Sections 11-13-1 et Seq. Utah Code Annotated) allows local governmental agencies to enter into agreements that benefit the constituencies of the agencies entering into said agreements; and WHEREAS, Grand County and the City of Moab entered into a Memorandum of Understanding (MOU) in July of 2009 for Development, Operation and Management of Lions Park, Trail and Transportation Hub; and WHEREAS, the purpose of the MOU was to establish roles and responsibilities for the parties engaged in developing, operating, and maintaining Lions Park, the Colorado River Pathway ("the Pathway), and the Lions Park Transit Hub ("Transit Hub"); and WHEREAS Lions Park, the Lions Park Trail ("the Trail") and the Lions Park Transit Hub will serve as a gateway park for Moab and Grand County, a trailhead for multiple high -use trails in the area, and a transportation hub for parking, transit, and for shuttling recreationists to visit area parks and other attractions; and WHEREAS, the MOU anticipated that an Interlocal Agreement would need to be approved in order to further define and solidify the roles of the City and County with respect to the ownership, development, operation and management of Lions Park, the Pathway, and Transit Hub, once the projects were ready for construction and/or operation; and WHEREAS, the County has facilitated construction of the Lions Park Transit Hub, located on the southeast corner of the intersection of Highway 191 and Highway 128, providing for grant administration and funding for the project; and WHEREAS, the City has obtained $500,000 of Transportation Enhancement funding from the Utah Department of Transportation ("UDOT") and $963,674 from the Federal Highway Association's National Scenic Byways funding for use on Lions Park, and has 1 1Page Page 103 of 116 budgeted for an additional $366,000 in Local Agency Match funds for the total project budget of $1,829,674; and WHEREAS, the City has facilitated, funded and constructed water and sewer facilities to serve Lions Park and the Lions Park Transit Hub; and WHEREAS, the City and UDOT have entered into a Federal Aid Agreement that defines the terms for the funding, construction and maintenance of Lions Park and commits the City to provide the Local Agency Match for Lions Park; and WHEREAS, the City and County intend to share the costs and responsibilities of development, operation and management of the proposed public improvements in the manner set forth in this agreement: NOW THEREFORE, the parties agree as follows: AGREEMENT 1. Definition of Terms. For the purposes of this Agreement, the following terms shall be interpreted as having the meanings defined in this paragraph: a. "Lions Park" shall mean the area of Lions Park proper on the south side of the Colorado River and north side of SR 128 that will include a covered picnic pavilion, picnic tables, landscaped areas, a restroom facility, playground facilities, two parking lots, water features and other park improvements. This area excludes the Non -Motorized Bridge and its appurtenances and Lions Park North. After improvements undertaken by the City are complete, "Lions Park" will include all improvements encompassed within the above described area and shown on Attachment A. Lions Park is partially owned by UDOT and partially owned by Grand County, as shown in Attachment A. b. "Non -Motorized Bridge" shall mean the non -motorized bridge that spans the Colorado River including all appurtenances such as abutments and ramps, as shown on Attachment A. The Non -Motorized Bridge is owned by Grand County. c. "Lions Park North" shall mean the area on the north side of the Colorado River that encompasses the boat launch and adjacent area, as shown in Attachment A. d. "Lions Park Transit Hub" shall mean the area south of SR-128 constructed by Grand County, including a pedestrian/bicycle underpass, parking lot, trail, restroom, shade structure, and related facilities, as shown on Attachment A. The Transit Hub is owned by Grand County. 21Page Page 104 of 116 e. "Colorado River Pathway" shall mean all of the non -motorized trail improvements from Lions Park extending eastward between the Colorado River and SR-128. This pathway consists of various types of sections including an at -grade pathway with or without a retaining wall and elevated trail structure, ultimately extending to Negro Bill Canyon. It also includes the trail system shown as "Grand County Trail System" as shown in Attachment A. f. "MOU" shall mean the Memorandum of Understanding between Grand County and City of Moab for Development, Operation, and Management of Lions Park, Trail, and Transportation Hub that was enacted in July of 2009. g• "Local Agency Match" shall mean the matching funds paid by the City in the amount of twenty percent (20%) of the total project budgets for projects receiving Transportation Enhancement and National Scenic Byway funds for the construction of Lions Park. 2. Provision of Services a. The County Agrees: i. To continue to pay for utilities associated with Lions Park until the completion of the Lions Park improvement project. The County shall not be responsible for maintenance of any park facilities during construction of the Lions Park Improvement Project. ii. To allow the City to place and maintain improvements including but not limited to landscaping, irrigation, parking, access roads, water spigots, and other related park items on County owned property north of SR-128, as part of the improvement project at Lions Park. iii. To coordinate with UDOT for inspections of the Non -Motorized Bridge, Bicycle/Pedestrian Underpass, and the elevated portions of the Colorado River Pathway and appertaining structures and provide for the long and short-term maintenance for any identified major repairs. iv. Within Lions Park, to maintain the asphalt portions of the pathway that were constructed as part of the Transit Hub and Colorado River Pathway project. b. The City Agrees: i. To take over maintenance of Lions Park improvements once construction of the improvement project at Lions Park is complete. ii. To complete the construction of the improvement project at Lions Park, including grant administration and construction management and administration. 3 1Page Page 105 of 116 iii. To work with UDOT to effect a lease agreement between the City and UDOT for use of UDOT property located within Lions Park. iv. To work with UDOT to effect a Landscape Maintenance Agreement between the City and UDOT for use of portions of the UDOT rights -of - way along US-191 and SR-128 where needed for Lions Park facilities. v. To complete the construction of utilities connecting Lions Park to the Transit Hub and from the Transit Hub to the existing City utility systems. These utility mains and a sewer lift station at Lions Park will be placed at the City's expense as part of a separate utility project. vi. To cooperate with Grand County in providing services required by Grand County at a mutually agreed upon cost for regular maintenance of facilities at the Transit Hub including restrooms, landscaping, and trash. A separate interlocal agreement may be entered into to provide for specific terms and conditions for this arrangement. vii. To manage reservation and rental services for the pavilion within Lions Park, once construction of Lions Park is complete viii. To operate and maintain the lift station within Lions Park and will maintain all water and sewer main lines in the project area. c. Each party hereto agrees to confer and coordinate with the other party as needed in providing the services outlined herein. 3. Financial Responsibilities a. The County Agrees: i. To fund regular maintenance and upkeep of the Lions Park Transit Hub and Colorado River Pathway facilities, as well as the asphalt portions of the pathway that were constructed as part of the Transit Hub and Colorado River Pathway Project. If desired, the County may contract with the City to provide regular maintenance of the facilities at the Transit Hub. This contract may be accomplished through an amendment to this interlocal agreement. ii. To cooperate with the City in the planning and funding for major maintenance or improvements to the facilities covered by this agreement. iii. To provide funding for solid waste pick-up for Lions Park North and the Transit Hub. iv. To provide funding for all utility services for the Lions Park Transit Hub b. The City Agrees: i. To provide the required Local Agency Match for funding of the Lions Park Project. Based on 20% of the total Lions Park project budget, the City has budgeted $366,000 for this purpose. 41Page Page 106 of 116 ii. To fund utility connections from Lions Park to the Transit Hub and from the Transit Hub to the existing City utility system. The estimated cost for these improvements is approximately $200,000. iii. To fund regular maintenance and upkeep of Lions Park. iv. To provide funding for solid waste pick-up at Lions Park. v. To provide funding for utility services at Lions Park. vi. To cooperate with the County in the planning and funding for major maintenance or improvements to the facilities covered by this agreement. c. The City and County mutually agree to work out any additional funding issues that may arise. 4. Administration of Agreement The parties agree that the City Manager and the County Council Administrator or County Council Designee will administer this agreement. 5. Ownership of Improvements a. The parties hereby acknowledge that the Lions Park, Pathway, and Lions Park Transit Hub facility improvements are being made for the mutual benefit of residents and visitors of Moab and Grand County. These improvements will be an integral part of the gateway to Moab and Grand County. b. It is understood that the Lions Park site is owned in part by Grand County and in part by UDOT. It is understood that any structures or improvements to the Lions Park site shall be owned by the entity paying for the structures and/or improvements, except for any improvements to the Grand County Trail System, as shown in Attachment A, which shall be owned and maintained by Grand County. In the case of structures or improvements funded by both the City and the County, ownership of said facilities shall revert to the underlying property owner, except for facilities located on UDOT property, in which case the City and County shall mutually agree upon the disposition of such property on a case by case basis. c. The County will continue to own the Transit Hub, Colorado River Pathway, and Non -Motorized Bridge. Maintenance, repair and accessibility of these facilities will be performed in accordance with the requirements of agreements with UDOT, this agreement and additional interlocal agreements. d. The City will continue to own, operate, and maintain the lift station and the water and sewer main lines throughout the project area. 7. Liability and Insurance Each party shall hold the other harmless from any damage, liability, claims judgments or losses arising out of or attributable to any acts and/or activities undertaken or permitted on any of the facilities described in this agreement. Both parties shall keep in force and effect a policy of liability insurance covering activities undertaken on the properties described herein. The County shall not 51Page Page 107 of 116 have any liability for facilities and structures located on UDOT property, as shown in Attachment A. Grand County shall not have any liability for activities associated with or incidental to construction activities undertaken on the Lions Park property, as shown in Attachment A. 8. Effective Date and Duration of Agreement This agreement shall become effective immediately upon its approval by each party's governing body and by the execution of the agreement by the appropriate officials. This agreement shall remain in effect until six months written notice by either party. The City shall have six months from the date of the notice to claim and/or remove any structures placed on County property in accordance with this agreement. SIGNED AND DATED: ATTEST: CITY OF MOAB, UTAH By: Rachel Stenta, City Recorder David L. Sakrison, Mayor Date: ATTEST: GRAND COUNTY COUNCIL By: Diana Carroll, County Clerk Lynn Jackson, Council Chair Date: 61Page Page 108 of 116 Lions Park 1 inch = 200 feet Feet Lease Areas 0 50 100 200 300 Grand County Trail System UDOT Le; Agenda Legend — Lease Area 2 Lease Area 1 Grand County Parcel in UDOT Lease Area / / / AGENDA SUMMARY MOAB CITY COUNCIL MEZI November 25, 2014 Agenda item #: 7-8 NG / Title: Resolution #52-2014: Approving a Landscape Maintenance Agreement for Lions Park by and between the Utah Department of Transportation and the City of Moab Fiscal Impact: The costs associated with this agreement are included with the maintenance costs for Lions Park. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant/Vendor: NA Background/Summary: As part of the Lions Park improvement project, the City will be installing landscaping in the UDOT right-of-way. An agreement is needed between the City and UDOT providing for the installation and future maintenance of this landscaping. The attached agreement accomplishes this. Options: Approve, Approve with Changes, Deny or Postpone Staff Recommendation: Staff recommends approval of the agreement as presented. Recommended Motion: "I move to approve Resolution #52-2014 as presented." Attachment(s): Landscape Maintenance Agreement Agenda Page 110 of 116 Resolution #52-2014 APPROVING A LANDSCAPE MAINTENANCE AGREEMENT FOR LIONS PARK BY AND BETWEEN THE UTAH DEPARTMENT OF TRANSPORTATION AND THE CITY OF MOAB Whereas, the governing body of the City of Moab desires to enter into a Landscape Maintenance Agreement with the Utah Department of Transportation for the Lions Park Improvement Project; and Whereas, the Agreement has been presented to this meeting of the City Council; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE AGREEMENT 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 25th day of November, 2014. CITY OF MOAB By: David L. Sakrison Mayor Attest: Rachel E. Stenta City Recorder Resolution #52-2014 Page 1 of 1 Page 111 of 116 Agenda LANDSCAPE MAINTENANCE AGREEMENT LIONS PARK THIS AGREEMENT made and entered into this day of , 2014 by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereafter referred to as UDOT and the CITY OF MOAB, a Municipal Corporation of the State of Utah, hereinafter referred to as the CITY. RECITALS WHEREAS, UDOT has right-of-way on US-191 and SR-128 at Lions Park, and said right of way is appropriate for the location of landscaping improvements; and WHEREAS, CITY wishes to install and maintain landscape features along said right-of-way; and WHEREAS, the parties hereto desire to enter into a maintenance agreement covering the landscaping improvements to be located in said right-of-way, as shown on the attached plans which by these references are made a part of this Agreement; and WHEREAS, this Agreement is made to set forth the terms and conditions under which said landscape features shall be installed and maintained. AGREEMENT NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. UDOT will allow the CITY access on State right-of-way at Lions Park, located on the northeast side of the intersection of US-191 and SR-128 and approximately Mile Post 0.0 on SR-128 in Moab; including, gore and adjacent areas, for the sole purpose of maintaining landscape features and other City improvements (i.e. pruning, mowing, replacing plant material, repair of irrigation systems, decorative stone, erosion control, weed control, litter control, painting, and parking lot maintenance). 2. The CITY or its assigns will have access rights to provide routine care and maintenance of said facilities within UDOT right-of-way as long as work is outside the safety zone (i.e. within the roadway clear zone, which is 14-16 feet for SR-128 and 20-22 feet for US-191 as measured from the painted white line). All work within the right of way requires workers to wear approved Department of Transportation orange clothing or outer wear. Youth volunteer groups between the ages of 16 and 18 are allowed to work within the right of way when adult supervision is provided. Youth under the age of 16 are not permitted to work within the right of way. 3. Any work within the safety zone will be allowed, provided traffic control is implemented according to the MUTCD guidelines. If work will require that lane(s) of traffic will be impacted, the CITY must obtain a permit from UDOT for approval of the traffic control plan in accordance with the MUTCD and applicable rules. 4. The CITY will establish and maintain the trees, shrubs, and irrigation system during the term of this Agreement. If the trees or shrubs fail to survive, the CITY will replant and establish plant materials. The CITY accepts maintenance responsibility for all systems of the project including the clearing of debris, weed control, trash and maintaining drainage. Page 112 of 116 5. UDOT will remain the owner of the real property on which said landscape facilities are installed. Any significant changes to the landscaped areas will be reviewed and approved by UDOT before work may begin. If UDOT decides to use the right-of-way for any of its projects, the CITY shall remove and/or relocate the landscaping improvements at the CITY's expense and UDOT will not replace or reimburse the CITY for the improvements. 6. The Initial term of this Agreement will be ten (10) years. At the end of the ten (10) year period it will be automatically renewed by five (5) year increments unless written notice of termination is given to UDOT by the CITY at least thirty (30) days prior to expiration of the current term. 7. After thirty (30) days of receipt of written notice to terminate the Agreement of one party to the other party, this Agreement will become null and void. If at such time and if required by UDOT, the CITY will restore the areas of landscape to UDOT standards or pay UDOT to perform this work. 8. The CITY and UDOT are both governmental entities as defined in the Utah Governmental Immunity Act (the "Act"). Nothing in this Landscape Maintenance Agreement shall be deemed as a waiver by either or both parties of any defenses or protections provided by the Act. This Agreement shall not be construed, with respect to third parties, as a waiver of any governmental immunity to which a party to this Agreement is otherwise entitled. The CITY agrees to indemnify, save harmless, and release UDOT from and against any and all loss, damages, injury, liability, suits, claims and proceedings arising out of the performance of this Agreement, or which damages, injuries, liability, suits, claims and proceedings, including but not limited to, vehicle damage and/or personal injury as a result of crashes caused in whole or in part by CITY's employees, officers, agents, and contractors, or by improper traffic control that are caused in whole or in part by the CITY's acts, omissions, failure to act, or negligence of the CITY's officers, agents, contractors, or employees, except where the claim arises out of the sole negligence of UDOT. This provision shall survive the termination of this Agreement. 9. This Agreement may be executed in counterparts by the UDOT and CITY. 10. This Agreement shall be governed by the laws of the State of Utah both as to interpretation and performance. 11. This Agreement in no way creates any type of agency relationship, joint venture, or partnership between the CITY and UDOT. 12. This Agreement, together with all exhibits and attachments, constitutes the entire agreement between the parties and supersedes any prior understandings, agreements, or representations, verbal or written. No subsequent modification or amendments will be valid unless in writing and signed by both parties. 13. Each party represents that it has the authority to enter into this Agreement. IN WITNESS WHEREOF, the parities hereto have caused these presents to be executed by its Page 113 of 116 duly authorized officers as of the day and year first above written. UTAH DEPARTMENT OF ATTEST: TRANSPORTATION BY: BY: Region Director Title: Region Landscape Architect Title: *********************************************************************************** THE CITY OF MOAB ATTEST: BY: Mayor Title: ********************************************************************************** ********************************************************************************** Agenda Page 114 of 116 CLIENT a d Q D B A I I RI 3/16" STEEL EDGING BORDERING PLANTINGS. ER 3/16" STEEL EDGING BORDERING PLANTINGS. Q� r- L i i PRELIMINARY PLANTING SCHEDULE SYMBOL BOTANICAL NAME DESERT OASIS TREES i i COMMON NAME 0 i MATURE SIZE SIZE (HxW) QTY Fraxinus pennsylvanica 'Autumn Purple' Morus alba (Male Trees Only) Achillea 'Moon Shine' Gaillardia grandiflora Hemerocallis 'Stella D' Oro' Miscanthus sinensis Rosa woodsii ENHANCED DESERT LANDSCAPE Acer negundo 'Sensation' Celtis occidentalis Celtis reticulata Amelanchier utahensis Rhus trilobata Ribes aureum Yucca filamentosa DESERT LANDSCAPE PLANTS Foeresteria neomexicana Juniperus osteosperma Pinus edulis Ephedra viridis Fallugia paradoxa Yucca baccata Yucca harrimaniae AUTUMN PURPLE ASH FRUITLESS MULBERRY MOON SHINE YARROW BLANKET FLOWER STELLA D' ORO DAYLILLY MAIDEN GRASS WOODS ROSE TREES SENSATION BOX ELDER COMMON HACKBERRY NETLEAF HACKBERRY UTAH SERVICEBERRY SQUAW BUSH GOLDEN CURRANT ADAM'S NEEDLE YUCCA NEW MEXICAN PRIVET UTAH JUNIPER PINYON PINE MORMON TEA APACHE PLUME BANANA YUCCA HARRIMAN YUCCA TURF/GROUNDCOVER TALL FESCUE TURF MIX (SUBMIT FOR APPROVAL) 2" CAL. 45' x 30' 2" CAL. 40' x 30' 1 GAL. 18" x 18" 1 GAL. 24" x 24" 1 GAL. 18" x 18" 1 GAL. 18" x 18" 1 GAL. 4' x 4' 2" CAL. 30' x 20' 2" CAL. 40' x 35' 2" CAL. 30' x 25' 1 GAL. 12' x 12' 1 GAL. 6' x 8' 1 GAL. 4' x 4' 1 GAL. 4' x 4' 6-8' 15' x 15' CLUMP 6' B&B 18' x 15' 6' B&B 20' x 20' 1 GAL. 4' x 6' 1 GAL. 4' x 4' 1 GAL. 2' x 3' 1 GAL. 2' x 2' SOD MULCH MATERIAL MULCH PRODUCT: TRIASEC MULCH PLACED AS TOP DRESSING TO A 4" DEPTH. SUPPLIER: (COORD. W/ CITY FORESTRY) ROCK MULCH PRODUCT: 1" CRUSHED ROCK - APACHE BROWN @ 3" DEPTH. BY STAKER PARSONS (OR APPROVED EQUAL. SUBMIT FOR APPROVAL) PEA GRAVEL @ 3" DEPTH (SUBMIT FOR APPROVAL) NATIVE SEED & WILDFLOWER MIX NATIVE SEED & WILDFLOWER MIX (SEE SPECIFICATION) SUPPLIER: GREAT BASIN SEED CO. 435-283-1411 6 5 22 14 125 32 16 12 16 3 7 52 34 30 6 2 13 34 36 27 27 23,950 SF 8,872 SF 5,095 SF 510 SF 14,508 SF (0.33 ACRE) EXISTING BOULDERS TO BE RELOCATED AS SHOWN ON PLAN. 67 SHOWN ON PLAN VERIFY IN FIELD FOR EXACT QUANTITIES AVAILABLE. REPORT DISCREPANCIES TO L/A. 3/16" STEEL EDGING EXISITING TREES EXISTING TREES TO BE PROTECTED AND PRESERVED (LOCATION APPROXIMATE) LANDSCAPE PLANTING NOTES 1. VERIFY LOCATIONS OF PERTINENT SITE IMPROVEMENTS. IF ANY PART OF THE PLAN CANNOT BE FOLLOWED DUE TO SITE CONDITION, CONTACT LANDSCAPE ARCHITECT FOR INSTRUCTIONS PRIOR TO COMMENCING WORK. 2. EXACT LOCATIONS OF PLANT MATERIAL TO BE APPROVED BY THE LANDSCAPE ARCHITECT IN THE FIELD PRIOR TO INSTALLATION. LANDSCAPE ARCHITECT RESERVES THE RIGHT TO ADJUST PLANTS TO EXACT LOCATIONS IN FIELD. 3. VERIFY PLANT COUNTS: QUANTITIES ARE PROVIDED AS OWNER INFORMATION ONLY. IF QUANTITIES ON PLANT LIST DIFFER FROM GRAPHIC INDICATIONS, THEN GRAPHICS SHALL PREVAIL. NOTIFY LANDSCAPE ARCHITECT OF ANY DISCREPANCIES FOUND. 4. PERFORM EXCAVATION IN THE VICINITY OF UNDERGROUND UTILITIES WITH CARE AND IF NECESSARY, BY HAND. THE CONTRACTOR BEARS FULL RESPONSIBILITY FOR THIS WORK AND DISRUPTION OR DAMAGE TO UTILITIES SHALL BE REPAIRED IMMEDIATELY AT NO EXPENSE TO THE OWNER. 5. PROVIDE MATCHING FORMS AND SIZES FOR PLANT MATERIALS WITHIN EACH SPECIES AND SIZE AS DESIGNATED ON THE DRAWINGS. 6. ALIGN AND EQUALLY SPACE, IN ALL DIRECTIONS, ALL PLANT MATERIAL AS DESIGNATED PER THE DRAWINGS. 7. LANDSCAPE ARCHITECT WILL REVIEW PLANT MATERIALS BY PHOTOGRAPHS FURNISHED BY CONTRACTOR PRIOR TO DIGGING OR SHIPPING OF PLANT MATERIAL. LIONS PARK TRAIL (Sc TRANSIT HUB DESIGNER .116kRielmitPR60.1 255 Crossroad Square Salt Lake City, UT 84115 CONSULTANTS The Grassli Group PROFESSIONAL SEAL DESCRIPTION DFCM PROJECT NO: DFCM CONTRACT NO: ARCHIPLEX PROJECT NO: DRAWN BY: CHECKED BY: AUGUST 2014 DFCM CODE STAMP SHEET TITLE PLANTING OVERVIEW Page 115 of 116 1 2 3 4 5 THE IT C A ER 2.36 I 1 1 1 �N\ 3/4 .1 \ 1 3/4./ 1 I 3/4 n �- 11 " 6.00 RI 3/1.1 2.88 43 _ r XISTING E TO OSED POINT OF NNECTION. VERI CATION IN FIEL �nl 3/4 II I L L 8.50 / 16.0 V-\1 / IRRIGATION SCHEDULE i s 1 0 ' SYMBOL DESCRIPTION MANUFACTURER & MODEL POINT OF CONNECTION (TAP INTO EXISTING 8" WATERLINE AT THIS APPROXIMATE LOCATION. COORDINATE LOCATION WITH CIVIL. COORDINATE ANY DISCREPANCIES IN EXISTING LINE LOCATION WITH LANDSCAPE ARCHITECT/OWNER PRIOR TO CONNECTION.) IRRIGATION CONTROLLER (SEE DET. 2 SHEET LI502) HUNTER ACC-1200 CONTROLLER 26 STATION CONTROLLER W/ ACC-PED: GRAY METAL PEDESTAL SOLAR SYNC SENSOR HUNTER SOLAR-SYNC-SEN: SOLAR SYNC SENSOR WITH SOLAR SENSOR AND RAIN AND FREEZE SHUTOFF. BACKFLOW PREVENTOR WILKINS: 2" - MODEL 375XL BACKFLOW PREVENTOR W/ ENCLOSURE: V.I.T. INC. STRONGBOX EXPANDED METAL BACKFLOW COVER MODEL: SBBC-45AL (SEE DETAIL 7 SHEET LI501) HUNTER FLOW-CLIK IMMS-158 FLOW SENSOR MASTER VALVE HUNTER IBV+B-FS-AS-ADJ (INSTALL MASTER VALVE DOWNSTREAM OF HUNTER FLOW-CLIK DEVICE.) QUICK COUPLER HUNTER HQ-44LRC-R 1" VALVE, 2 PIECE BODY (SEE DETAIL 4 SHEET LI501) ISOLATION VALVE NETAFIM DRIP VALVE NETAFIM DRIP VALVE NETAFIM DRIP VALVE ELECTRONIC REMOTE HUNTER IBV (SIZE PER PLAN) CONTROL VALVE 1", 1-1/2", 2" BRASS GLOBE VALVES. BUBBLER HUNTER PROS-04-PCN (30 PSI) FLOOD BUBBLER, 4.0" POP-UP. (0.5 GPM) ISOLATION PVC BALL VALVE, SEE SPEC., SIZE PER MAINLINE SIZE. (SEE DETAIL 1 SHEET LI502) NETAFIM LF (LOW FLOW), MODEL #: LVCZS8010075-LF WITH 1" CONTROL VALVE 0.25GPM - 4.4GPM MICRO SPRAY NETAFIM HF (HIGH FLOW), MODEL #: LVCZS8010075-HF WITH 1" CONTROL VALVE 4.5GPM - 17.6GPM NETAFIM COMMERCIAL HE (HIGH FLOW), MODEL #: LVCZ-150 W/ 1 1/2" CONTROL VALVE 11 GPM - 35 GPM HUNTER SD-B-STK DRIP 360 MICRO SPRAY EIGHT STREAMS W/ 360 DEGREE SPRAY. 15PSI TO 30PSI. SOLO -DRIP W/ BARB AND 6" STAKE. SUBSURFACE DRIPLINE AREA: NETAFIM, TECHLINE CV. 0.4 GHP EMITTER RATE 12" O.C. DRIPLINE SPACED 18" O.C. APPLICATION RATE OF 0.29 INCHES/HOUR. DRIPLINE SHALL HAVE A SUPPLY AND EXHAUST HEADERS IN ALL LOCATIONS. SEE DETAIL SHEET LI502 FOR DRIPLINE LAYOUTS AND COMPONENT DETAILS. DRIP LINE INDICATOR. TO BE LOCATED AT THE END OF ALL DRIP IRRIGATION ZONES. SEE DETAIL 12 SHEET LI502. MANUAL FLUSH VALVE, NETAFIM, MODEL #: TLSOV. TO BE LOCATED AT ALL LOW POINTS OF DRIP TUBING AREAS TO PROVIDE COMPLETE SYSTEM DRAINAGE. SEE DETAIL 8,9 SHEET LI502. IRRIGATION LATERAL LINE PVC SCH. 40 (SIZE PER PLAN. ALL DIRECT LATERALS TO DRIPLINE AREAS TO BE 3/4") - - 2" IRRIGATION MAINLINE PVC SCH. 40 Valve Callout IRRIGATION SLEEVE PVC SCH. 40 (SIZE SLEEVE 2 SIZES LARGER THAN PIPE BEING SLEEVED) LIMIT OF WORK LINE Valve Number Valve Flow Valve Size COORDINATE NUMBERS OF NEW VALVES WITH EXISTING VALVE COUNT IN CONTROLLER. COORDINATE WITH MAINT. STAFF. T = TEMPORARY/SEASONAL IRRIGATION D = NETAFIM DRIP VALVE MAN U FACTU RER/MODEL/DESCRI PTION HUNTER MP1000 PROS-06-PRS40-CV (PSI 40) TURF ROTATOR, 6" (15.24 CM) POP-UP WITH CHECK VALVE, PRESSURE REGULATED TO 40 PSI (2.76 BAR), MP ROTATOR NOZZLE ON PRS40 BODY. M=MAROON ADJ ARC 90 TO 210, L=LIGHT BLUE 210 TO 270 ARC, O=OLIVE 360 ARC. HUNTER MP2000 PROS-06-PRS40-CV (PSI 40) TURF ROTATOR, 6" (15.24 CM) POP-UP WITH FACTORY INSTALLED CHECK VALVE, PRESSURE REGULATED TO 40 PSI (2.76 BAR), MP ROTATOR NOZZLE ON PRS40 BODY. K=BLACK ADJ ARC 90-210, G=GREEN ADJ ARC 210-270, R=RED 360 ARC. HUNTER MP3000 PROS-06-PRS40-CV (PSI 40) TURF ROTATOR, 6" (15.24 CM) POP-UP WITH FACTORY INSTALLED CHECK VALVE, PRESSURE REGULATED TO 40 PSI (2.76 BAR), MP ROTATOR NOZZLE ON PRS40 BODY. B=BLUE ADJ ARC 90-210, Y=YELLOW ADJ ARC 210-270, A=GRAY 360 ARC. O HUNTER MP CORNER PROS-06-PRS40-CV (PSI 40) TURF ROTATOR, 6" (15.24CM) POP-UP WITH FACTORY INSTALLED CHECK VALVE, PRESSURE REGULATED TO 40 PSI (2.76 BAR), MP ROTATOR NOZZLE ON PRS40 BODY. T=TURQUOISE ADJ ARC 45-105. IRRIGATION GENERAL NOTES 1. THIS DRAWING IS DIAGRAMMATIC ONLY. ALL IRRIGATION COMPONENTS ARE TO BE INSTALLED IN LANDSCAPE AREAS. ITEMS SHOWN ON WALKWAYS AND BUILDINGS ARE FOR GRAPHIC CLARITY ONLY. CONTRACTOR TO VERIFY STATIC PRESSURE OF 70 PSI PRIOR TO STARTING WORK. REPORT ANY DISCREPANCIES TO LANDSCAPE ARCHITECT. LATERAL LINES MAY NEED TO BE ADJUSTED FROM PLAN TO PROTECT EXISTING UTILITIES, EXISTING TREE ROOTS, ETC.. THE IRRIGATION SYSTEM CONTRACTOR SHALL BE RESPONSIBLE FOR THE INSTALLATION LAYOUT OF THE SYSTEM IN ACCORDANCE WITH THE DRAWINGS. LAYOUT MAY BE MODIFIED IF NECESSARY TO OBTAIN COVERAGE AS NEEDED TO SUIT THE SITE. THE SYSTEM SHALL BE TESTED FOR COMPLETE COVERAGE AND ALL ADJUSTMENTS MADE PRIOR TO ACCEPTANCE BY THE OWNER. 2. CONTRACTOR TO CONTACT LOCAL UTILITY PROVIDER(S) AND VERIFY ALL EXISTING UTILITIES AND UNDERGROUND STRUCTURES BEFORE CONSTRUCTION BEGINS. CONTRACTOR TO PROTECT AND PRESERVE ALL EXISTING UTILITIES LOCATED ON SITE WHICH ARE NOT SCHEDULED FOR REMOVAL ACCORDING TO DEMOLITION PLAN. ANY DAMAGE TO EXISTING UTILITIES SHALL BE REPAIRED AND/OR REPLACED TO OWNER'S STANDARDS, SPECIFICATIONS AND RECOMMENDATIONS. ANY EXISTING UTILITIES ENCOUNTERED DURING CONSTRUCTION SHALL BE LABELED AS PART OF THE "AS -BUILT" DRAWING TO BE TURNED IN TO THE LANDSCAPE ARCHITECT ONCE PROJECT IS COMPLETED. 3. CONTRACTOR TO HAVE ON -SITE PRE -CONSTRUCTION MEETING WITH OWNER'S REPRESENTATIVE AND LANDSCAPE ARCHITECT PRIOR TO ANY CONSTRUCTION. 4. THE CONTRACTOR IS TO READ AND REFER TO THE ATTACHED DETAILS AND TECHNICAL SPECIFICATIONS FOR FURTHER CLARIFICATION. 5. PLACE VALVE BOXES IN SHRUB BEDS WHERE FEASIBLE. IRRIGATION BOXES TO BE PLACED A MINIMUM OF 24" FROM WALKWAYS, WHERE APPLICABLE. 6. CONTRACTOR SHALL PROVIDE AS -BUILT DRAWINGS TO THE LANDSCAPE ARCHITECT ONCE CONSTRUCTION IS COMPLETE FOR THE IRRIGATION SPRINKLER SYSTEM SHOWING EXACT MEASURED AND DIMENSIONED LOCATIONS OF ALL VALVES, IRRIGATION HEADS, AND OTHER BELOW GRADE IRRIGATION EQUIPMENT. TIE DIMENSIONS TO PERMANENT FEATURES SUCH AS EXISTING STRUCTURES. 7. CONTRACTOR IS RESPONSIBLE FOR ALL MATERIALS AND LABOR NECESSARY TO MAKE CONTROLLER OPERATIONAL. ALL ELECTRICAL WORK SHALL BE IN COMPLIANCE WITH ALL LOCAL CODES, STANDARDS AND REGULATIONS. 8. THE CONTRACTOR IS RESPONSIBLE FOR INSTALLING SLEEVES FOR IRRIGATION LATERAL LINE AND PRESSURE SUPPLY LINE UNDER HARDSCAPE PRIOR TO THE CONSTRUCTION OF HARDSCAPE PAVING. IF THE CONTRACTOR FAILS TO INSTALL ALL NECESSARY SLEEVES FOR SYSTEM OPERATION PRIOR TO THE HARDSCAPE CONSTRUCTION, THEN THE CONTRACTOR IS RESPONSIBLE FOR ANY AND ALL EXPENSES OF TRENCHING AND PATCHING OF CONCRETE AND/OR PAVING AS DIRECTED BY THE LANDSCAPE ARCHITECT AT NO ADDITIONAL COST TO THE OWNER. COORDINATE ALL SLEEVE AND CONDUIT FOR LATERALS AND WIRING WITH GENERAL CONTRACTOR PRIOR TO HARDSCAPE AND LOADING DOCK WALL CONSTRUCTION. 9. ALL SLEEVING SHALL BE PERFORMED PER SPECIFICATION. 10. INCLUDE ADDITIONAL OPEN SLEEVE THE SAME DIAMETER AS SLEEVE BEING FILLED IN THE SAME LOCATION. 11. ALL IRRIGATION CONTROL WIRE SPLICES ARE TO BE LOCATED IN VALVE BOXES AND SHOWN ON AS BUILTS. ALL WIRES TO BE INSTALLED UNDER HARDSCAPE ARE TO BE INSTALLED IN PVC ELECTRICAL CONDUIT. SLEEVE SHALL RUN ALONG SIDE IRRIGATION MAINLINE. INSTALL SLEEVE SIZE AS SHOWN BELOW: WIRE QUANTITY REQUIRED SLEEVING 1 - 25 CONTROL WIRES (1) - 2" SCH. 40 PVC PIPE 26 - 50 CONTROL WIRES (2) - 2" SCH. 40 PVC PIPE 50 - 75 CONTROL WIRES (3) - 2" SCH. 40 PVC PIPE 75 - 100 CONTROL WIRES (4) - 2" SCH. 40 PVC PIPE 0 15' 30' Scale: 1" = 30'-0" I 60' LIONS PARK TRAIL & TRANSIT HUB MOAB, UT DESIGNER GROUP.1114kRIC architecture sustaina iiity dosign services 255 Crossroad Square Salt Lake City, UT 84115 P:(801) 961-7070 F:(801) 961-7373 CONSULTANTS Tiv'$+A T Urban Designers Land Planners Landscape Architects 145 West 200 South Salt Lake City, Utah 84101 Tel (801) 364-9696 Fax (801) 364-9719 www.grassligroup.com PROFESSIONAL SEAL ISSUE MARK DATE DESCRIPTION DFCM PROJECT NO: DFCM CONTRACT NO: ARCHIPLEX PROJECT NO: DRAWN BY: CHECKED BY: 14002900 147253 1405.01 SCALE: DATE: AUGUST 2014 DFCM CODE STAMP SHEET TITLE IRRIGATION OVERVIEW LI101 1 3 Page 116 of 116 4 5