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PKT-CC-2012-03-13
CITY OF MOAB March 13, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org City of Moab - Regular Council Meeting City Council Chambers: 217 East Center Street Tuesday, March 13, 2012 at 7:00 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 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 None 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 4-1 Presentation of the Mayor's Student Citizenship of the Month Award for March 2012 for Helen M. Knight School SECTION 5: CONSENT AGENDA 5-1 Approval of a Special Business Event License for the Rockwell Relay to Conduct a Bicycle Relay Event on June 7 — 8, 2012 5-2 Approval of Special Use of City Parks (Swanny City Park) for the Rockwell Relay to Conduct a Bicycle Relay Event on June 7 — 8, 2012 5-3 Approval of a Request for Use of City Right -of -Way by John Knowles to Conduct a Sidewalk Sale on March 17 and 18, 2012 Located at 50 South Main Street 5-4 Approval of an Amplified Music Event at Old City Park by the Moab Music Festival to Conduct a Free Concert on September 2 and 3, 2012 5-5 Approval of a Special Event License for the Southern Utah Wilderness Association to Conduct Moab Earth Day Bazaar at Swanny City Park on April 21, 2012 5-6 Approval of Special Use of City Parks (Swanny City Park) for Neal Clark of Southern Utah Wilderness Association to Conduct an Earth Day Celebration on April 12, 2012 SECTION 6: NEW BUSINESS 6-1 Approval of Moved -on Structure Permit for Shannon Clarke, d.b.a. Millennium Shades Sunglasses to Conduct a Sunglass Sales Located at 391 South Main Street on March 30 to April 30, 2012 6-2 Approval of Moved -on Structure Permit for City Market #410 to Conduct a Garden Center at 425 South Main Street on March 22 to June 30, 2012 6-3 Approval of a Moved -on Structure Permit for Tasha D. Wagner, d.b.a Dogz & Thingz to Conduct Food Sales Located at 83 South Main Street from April 1 to November 1, 2012 6-4 Approval of a Moved -on Structure Permit for Steven Lucarelli and Carrie Finn, d.b.a. Quesadilla Mobilla to Conduct Food Sales Located at 83 South Main Street from March 17 to October 17, 2012 6-5 Award of the 2012 Roadway Chip Sealant Project 6-6 Approval of the 2012 Roadway Chip Sealant Project Contract 6-7 Award of the Preliminary Engineering Report for the North Moab/Lions Park Water and Sewer System Proposal 6-8 Approval of the Preliminary Engineering Report for the North Moab/Lions Park Water and Sewer System Contract SECTION 7: READING OF CORRESPONDENCE SECTION 8: ADMINISTRATIVE REPORTS SECTION 9: REPORT ON CITY/COUNTY COOPERATION SECTION 10: MAYOR AND COUNCIL REPORTS SECTION 11: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 12: 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 or updates at: www.moabcity.org DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPUCATION 217 EAST CENTER STREET MoAs, UTAH 84532 (435) 259-5121 / FAX (435) 2594135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: PLUS (CHECK ONE): TRANSIENT ($80): SO OR O CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 t tpo — NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: Rorie -well 122-1411 t Maab -fa Sk. C.A¢oYtt., road k> i IL.G Ye lc rd ce, C bux 3'rd ,.r -Coe Sarre .elk 1 10 &A i u►,) Su.�nruf Peak_ - hcr-►iNLask corned -car faLc .0_4 Vic-Lt.?� 54a.14 U►.z, tl it TEMPORARY STRUCTURES TO BE USED (IF ANY): 2,,p( 7) 10*I0 (41.1110F;%QS, 4atjOle,Sklieij{S)Se0t4416tair- A't NE GDYA“OIN 51d� Q21 r - DATE(S) AND TIME(S) OF EVENT: T14.44:(, ,,ky�(� fb7j.•1,.14 0,40_4Korn `tInv) MA:� Tyr 1, 8 64 i'f'1DYli.oN ANTICIPATED #OF EVENT PARTICIPANTS: 6....1701A k '?j171 NUMBER OF VENDORS PARTICIPATING: ►lbne. vta.w ,Let . steel• awv • Co rnQn TYPES OF VENDORS PARTICIPATING IN EVENT: kook, weq 9,641 - 'f 614445, jo ��`t`'� Yet SO GkS EXPLAIN FEES GENERATED BY THE EVENT (LE ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): CeitSlMYSTI- i:111% `Pi G� veil GI,' iY► xektNsii54 abase. EVENT SPONSOR'S NAME: `{Zpt-k-�e 11 ' f i ACVt t� 2i S14.104,4- PHONE: gOt, %C t- 00113 SPONSOR'SADDRESS: 3too E • SW S . CITY: FetiVhd -1-DYl STATE: 1 t.T ZIP: V4.0 j SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER DATE OF BIRTH: TYPE OF ORGANIZATION: ° PROPRIETORSHIP ° PARTNERSHIP /CORPORATION °OTHER (SPECIFY): EVENT SPONSOR'S SALES TAX ID #. NAME REGISTERED WITH THE STATE FOR TAX ID: 1....0 a lc .4e_n 1Ze- 1614 III. G . THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER 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. INVE Aru e waW'r L PRINT NAME(S) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND AP LICANT (SPONSOR). INVE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. p.n., State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this / 3-4"- day of ra) r✓G. r ✓' , a 0l2 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! 5-1 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSErPOCA.4Tn. St.ewWk• ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). .74", ATTACH ADDITIONAL INFORMATION INDICATED BELOW: 56M/I4en. S4•eD04�r .�eF-F Sal etat r-k- "N lac exvoss LICENSE APPROVALS CITY STAFF ❑ APPROVED DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 5-1 ��" c " - v - i : : C i T Y O F A R E ? A B B U S I N E S S L I C E N S E C O M P L I A N C E F O R M 2 1 7 E C E N T E R S T R E E T M O A B , U T 8 4 5 3 2 P H O N E : ( 4 3 5 ) 2 5 9 - 5 1 2 1 F A X : ( 4 3 5 ) 2 5 9 - 4 1 3 5 F O R Z O N I N G O F F I C E U S E . O N L Y P A R k , t i o : M O A N C I T Y C O D E : S I O N P E R M I T : M O V E D - O N N E C E S S A R Y : j ' y e s Q' N o R E O U I R 0 . 5 P L A N N I N G C O N A I S S I O N A P P R O V A L . Y E S E l N I P R E V I E W E D B Y Z O N I N G A n f o i N i s m A r o x : s e c ��I �� D A T E : " B U S I N E S S N A M E : P a G k W e i l k G l 4 . 1 J r M l G 4 B U S I N E S S L O C A T I O N : ��Q ( S i x t e . 1 C V e t a S o a r , . P A : e t c . N E . . t - b Y I " C - Z O N E f D E T A I L E D D E S C R I P T I O N O F B U S I N E S S A C T ���� b i l i e r e - t o b i Y Q C e , I M a r - - I ; Q . - t - 5 w A n t u i i ) o t d r " \ t n P t 6 / U 0 A K A , 2 x d i r �� i l t i S t . e n e a N t e . i " & a i r w i l t t o g . , u - S e . d O r i n o y 4 - i c . 1 p r t K k t v i l u z t o t , P G - e i n e - A - p i e . k _ 1 1 , , f t a m e a . k g . l o v a _ l e . - F a . s 4 - , a . r - d ��j i a r - E L . : 4 . - e - - % I f a r c e - C a . t a t t t p w " ) C I < A I . . k 3 w i l l - t v a t o 6 6 ' 4 . . o l , t o l l 1 . 3 4 : 1 t i . i k - y k r - S l k A t z t Y a m , ' 4 1 - e v t t o w l - k . t s 3 + . m A i t �%t " P e t i t z - - L A 4 2 - - 1 1 1 . e r 3 L t h t , 1 e a - A t o t b 6 - ) % b r a ? r t . S k i t e 5 w 4 - ; A " y h 4 , ( K t 0 6 / 1 6 / 0 5 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Name of Person Responsible for Use of Park: fkKi�kx. Sl-ekoark Name of Organization and Event if applicable: i2.Glr�lell i ttdi : Meath -ta s4. laea teo Address. 3to0 E SCO SI FAY rh;tiA64 �.) tol:r $4loas Day Phone- �Oj- tZO�i- DDS3 Email GiKi-Fa @. i'DcicwellYelaH, c01Y� Which park to you intend to use? Swanny Park- Other (please indicate name of park - Please indicate the proposed dates and times of use: Proposed Start Date: �t7 112.-'Iji. Start Time: 3 am/C End Time: c � .30any07 Proposed End Date: lP (511 a sr*, Start Time- Sr 30 ar /pm End 'Time -a ra r ,- 41:3a pm Please specify what areas of the park are proposed for use- l�orMA. etsk Seatios. o� � C buk haft e7V t . S-t--Ar-i- Uke� Axel-. cilor.t lD U t�} i III �4 a �( wA.1 S�tdf• �'rarr, For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to 4� NC' � be used. Show locations of all structures and facilities. Esc.* �r 'FYI . yntmarf'�+'1'c0 $��� r �,Op - +t' •�v�c+lanc w+>i 61 ku. at, et �xce . Wall bx dSSesfse i • Number of participants you expect- alpoi..k?i0D Number of spectators that you expect: ra D - 1b6 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the PcbolA_k 3 (d x i a &mo Qit.S I AtcclktJdes`lcik . (o - $ tocour.k kxbteswic Will f �_ 604, kasic bk.Y OWK\ ampli ication be required for your event? Yes No tokkev. park: 'in�a sm. k ka y5 {tructk.,# Igo O. krin4 •L Please specify any electrical needs for your event: f-gl e.Q.sk a 6la-1ek-.r ,C- r TV and PA , }lAU1t Fix awls.. cards. Please describe the parking and traffic plan for your event. Location of parking, signs e, traffic control devices, use of volunteers, etc. should be described. Oketat.inr,nf-1 ire .Fe 'an .0144-4() CitGliSk. Axe, 4-va..(56hkem sinr.e Sc io4Y4- VBkicle C.Y 4eaxn• eirtcd- ED-75 V.Amsbeiticteb. 51:4 1 etSoove-) aynil Akuore SAW.. -@dre.-frvw. 1- 2 ari. Lor .2.4.s•far vek etes). Assuyhe. +1) W_ Virtn t .k Etym.. Sc6o1 If you anticipate any street closures for your event, please describe below, and show on the accompanying FA( kAltt -Fp( diagram. mierkiot,,). CevA haK.e. reetr.eske 9._ Witi.4 .4xt .4(1 %4 PLEASE COMPLETE OTHER SIDEm,seri i 5-2 Do you intend for the park to be open to the public during your event? Yes No k For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any secure or crowd control measures you plan for use of the park: Nolte_ &Ilk'�iQ.c A. security a�a►< ak�.crt� 6htc` sk�wkl� lae n� r� Sk /k Atka .1-5C.a4 arc►tiixo� -l-ke .. For groups over 100 people, please describe your refuse control and recycling plan: W2 IncAe, ace Molt, It y.eht Tftt.cey., cis zuvi at" Can tls, a� icg%cam • IS-li,�te Sowiwe, Please describe your clean-up plan during and after the event: w-c' ca v'" -bclr-G sr 184" e't;'sVOSaI,, ? wlik but 440-8 colery ickaQ Li) eLtAn i (Lill( lrernb le rhos ak .4sta %w. dco•6 . Please describe restroom facility plan: �+kmg 4gdhlat� res}ar ms core ade�.- .. tomk � �> �„ ��iu�� � r6r 38-t00 ry4n es 6v,.-1 .4s) 4F5rn n-2143 rv. fr't eart,� OUP0K„•S � P `ce-�. ?ar Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: M oelb 14 G. AN.r� pla� ce_ C is i � Cu }G lri►k � -I�. erg Aro .1) /4^4 --k1� ;S .2v�i (�r►r�q� �rY� 61kiss k7om au3rwrn4.41- ri‘ESsritow► Cfs.,TiA.ILi IDINV)-1 56yh . C.YK $uric el'D NlAW& art -Ka(' 624,1h•. Mnyr, �epdvt�.cll� sir -din tea. koke.15 4,04 10,4 eheSG-051A tve-it s• Seveut fiiicde Nenrices Please specify and describe other community or city facilities that you plan to use: '�n^ t� t� k4 S�. 'Ctilked �� Pol'we c14ek ► I.o•L c-?kkucti..t �c1�c,L _escork-Pow% o,.k- 0C--0,-) 'tr... ?rip( atectcs. Have you applied for a Special Event Permit for this use? Yes_ No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes -IL— No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: Date- a"I' 4 i t �- Public WorksReview• V Police Department Review- Administrative Review- Park Use Fee: no° Date Fee Paid- Date of City Council Approval VC puss f ; 41-00 Ins rance Received: Final Set up Diagram Received - Special Conditions or Requirements: ourVi ng IA- red Vies or 1'644kuI (tans, Ptl'M1551 rm frCY1r. 0/1I�--�i� I0?+(ri'`j Is re Uira it CI I Cadfg Y gCLi � ( .6 Or' � / �h Ca d es ' Jar )"� � be PLd e. a ��NK ther Require erm�ts and pprovals ) 5-2 Rockwell Relay 360 East 500 South Farmington, UT 84025 February 13, 2012 City Council, City of Moab 217 East Center Street Moab, UT 84523 Dear Members of the City Council, For the last two years Rockwell Relay has held its "Moab to St. George" bike relay the second weekend of June and the events have been a great success. We hope this is now an annual event, with the next relay scheduled June 8th and 9th. We are again requesting your approval for the event to commence in Moab and for use of a portion of Swanny Park. Our expectation is to follow the same format as before, utilizing the northeast corner of Swanny Park beginning Thursday June 7th late afternoon until mid -evening for packet pickups by cyclists, with an hour or two on each side for setup and take -down. We will return early morning Friday June 8th for remaining packet pickups, a pancake breakfast (we provide this), and the relay start at 8:00. Times are outlined on the parks use application. The race concludes in St_ George so we will not return to Moab during the event. As we've done before, we would like to have our Rockwell semi parked along the northern end of the east side of the park, from Thursday afternoon until Friday mid -morning. Many of our supplies are in the truck and we will conduct the packet pickups there. The driver will remain with the vehicle during the night. We would like the start line again to be on the east side of the park (just south of the truck), with the cyclists heading south along 1st West. Last week I spoke with Police Chief Navarre and he was very positive about the event. He is again planning a police escort for the cyclists as they least the city Friday morning, and I will contact him again before the event for any updates. With cyclists, support crews, and Rockwell staff and volunteers, we expect about 300 to 350 people. The first year we had around 100 people and last year the number was a little under 200. I have included applications for the Special Business Event License, the Special Use of City Parks, and the Business License Compliance form, and will submit the required fees. Thank you very much for your consideration in allowing our event to again utilize Swanny Park. We are always thrilled with the hospitality shown by everyone we encounter in Moab, and we are excited to return this June. Please let me know if there is any other information I can provide. Sincerely, Anita Stewart Event Coordinator 801-809-0083 anita@rockwellrelay.com 5-2 SwannyPark 400 Non'h Sheet AMietp4ea tetkiteleat Awe, ailkoA claskeet live \\\\ \\\\ ParRrDrive t100 50 0 100 200 [i SCALE 1" = 100' FEET th To Main St. One Block 1604 -1-Ates "0 es Rvf. PI ?;:itc.v.e tot)'+' Arck 5-2 Arches Trading host, Inc. 50 South Main Moab, Utah 84532 435 259-4070 fax 435-259-8602 March 8, 2012 To: Moab City Council, Arches Trading Post, located at 50 S Main Street, is requesting permission to use the city right of way for our annual sidewalk sale on March 17th and 18`h 2012. The hours of the sale will be from 9a.m. to 6p.m. both days. All city rules regarding sidewalk sales will be followed. Thank you for your consideration. John Knowles Arches Trading Post 50 S. Main Street Moab, UT 84532 5-3 M•O•A•B RR MUSIC FESTIVAL • ,.,0/./. music in concert with the landscape March 7, 2012 Moab City Council 217 East Center Moab UT 84532 Attn. Donna Metzler Dear Ms. Metzler The Moab Music Festival respectfully requests a reservation for Old City Park on Sunday, September 2 and 3, 2012 for the Moab Music Festival's Free Family Picnic Concert. We make this request in order to offer a free amplified music concert to the general public as a part of the Festival's Education and Community Outreach. The concert will take place at 2:00 p.m. for approximately two hours. The balance of the time is required for Festival personnel to install and remove the sound equipment necessary for this performance. We appreciate your consideration of our request and look forward to having the opportunity to answer any questions that you may have. Very truly yours, Aubrey Davis External Relations Manger Michael Barrett, Music Director • Leslie Tomkins, Artistic Director 58 E 300 S Moab, UT 84532 • 435-259-7003 • www.moabmusicfest.org 5-4 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPUCATION 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: $80.00 PLUS (CHECK ONE): TRANSIENT ($80): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: NAME OF EVENT: ti106t0 ea r V l Qn -gGI IAA r ; GtMI C7o►e_ 7J L _7�i� t .{ (Q �i� ►' Cai`� �i I,YtG�S DESCRIPTION OF EVENT: \yr �J� OY F ) 6 ��"yji{pL� � 5 �4 �, 5 vec, FAY S . Wi t.t � i L.J LOCATION OF EVENT: Sv/ »t MI n Park PREMISES TO BE USED: D tAxt n tel. I FaV 1--- TEMPORARY STRUCTURES TO BE USED (IF ANY): AI,A-e_. DATE(S) AND TIME(S) OF EVENT: ' } ANTICIPATED # OF EVENT PARTICIPANTS: t ,� I51-1 btfkiriktAWitit aPaggretletk I04.ifv► - Spw. _JO NUMBER OF VENDORS PARTICIPATING: (p -- I S �? r B TYPES OF VENDORS PARTICIPATING IN EVENT: FOOGk , i r ` �ti�Y G lAt2 r�6k. [ P _ p Ic4 N1-5 j 1[ klkitTxt, Les EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): Nea.e.. EVENT SPONSORS NAME: 5: •_L I L E r n '� �t tel li , t etuiv y S j (lei vl Le - SPONSORS ADDRESS: -4k,10 %.a L,�% • , S •3 CITY: '\L oalo STATE: 1/LT ZIP: SPONSORS DRIVER LICENSE NUMBER He STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: O PROPRIETORSHIP O PARTNERSHIP O CORPORATION tIQTHER (SPECIFY): EVENT SPONSORS SALES TAX ID # NAME REGISTERED WITH THE STATE FOR TAX ID: PHONE: I-M.2.71. RAQ THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER 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. INVE Nt� C,'—. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME{S} BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATI• ED HEREIN I r E. UWE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND. _ -P 1�' •N /VV EE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. gnature • • or t Date State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this day of v NORY PUBLIC CARMELLA GALLEY Notary Public State of Utah Comm. No. 576525 W Comm. Expires Sep 22, 2012 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 I FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: �IsT f NFl 11.oa. AAO itUlizL� ❑ YES � No ❑ YES No DATE: 1 ' 9 NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: 1 1-1”(-1 ptl 4zr CITY: 0c)42 PHONE: �p 0 •Vss-p STATE: to T- ZIP: 81.-t s-3 a 1 BUSINESS NAME: 501Akkilh fI t'fRk of iikriv6s A' imfice. 1 BUSINESS LOCATION: ! 0 ✓ ` Maiq .e,q-Qil/\T ovir J WGINA,1 ?Olr‘L-- I ZONE: ?-/-. DETAILED DESCRIPTION OF BUSINESS ACTIVITY: 3LALL, ( e 5 {,A. W pr irl, a 1(7:P,4,.14 el vl 4r.44 i � A � �'U�- ole u 2�� 1' n I p ('� p 1 JJ VJdi 5- i 1r� � d�-P� a ✓Pflal OA i''GCC. 1.€ Oaf arAG i/\1 i L ek oit i o � i s jab n 0: ( d-- 1-P-' � f tn.I I .c, i. a r trv� (4 a,nS4rYvL2T716 . ra vu (� Iit.7 a-� I< �� rr� 'J��i1C(¢. Vt,C)--j Atri 1 dtir si,47- thrikf-s 1-6 ti,,44Irk 'c vUt141--eivs\0s,S— i[l.Gc ([1-1 01 vl� 11\ i L _ &rd_ G` 1 via r r P1-e a_ 5-0 [ (c.0 Nrly - 1- • i0O-Pi r 06/16/05 5-5 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: Name of Organization and Event if applicable: _ .��1;`=_�.�.R�A��..'��►1. Address. o S. • 1 �c.3 Day Phone: 25�) • "�'��[---- Email: €•)-Sv` • �- l Leglimiegisibelw Proposed Park Usage Information Which park to you intend to use? Swanny Park. Other (please indicate name of park. Please indicate the proposed dates and times of use: Proposed Start Date. '-t 3,1 1 D. Start Time: IL) wpm End Time. S am/ rr Proposed End Date: Start Time: am/pm End Time. am/pm Please specify what areas of the park are proposed for use. Fc`u `� �^ � I 5 E. C o >'v LA.1" For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect. �� "� S Number of spectators that you expect: 1 D© Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: t-c o1k. 4- vv.V KAf3s <,g'ACA-tiOs Will amplification be required for your event? Yes X No Please specify any electrical needs for your event: o� V•cAkoto•fs ` l e �J'frn Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of vr�Q�lunteers, etc. should be describ d.y.,� '1"\0 5k-a46-4, r If you anticipate any street closures for your event, please describe below, and show on t ccompanying diagram. None . PLEASE COMPLETE OTHER SIDE 5-6 Do you intend for the park to be open to the public during your event? Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: Ntru niC.t-S.Svtr 1 For groups over 100 people, please describe your refuse control and recycling plan: j F fie., I s Crc--+ 140-14 ►ro v►.l •1-I.,,Q rrat?-e,V e.10A--(xats., 11 icr:11 Please describe your clean-up plan during and after the event: f'hanS Qar+ 14- -pe rSn--rvaA Ir-tc, poy►S 4n i \-v) frc-AA \ A/v(10-1 S 4- V o `vyki-e_e.rs fna n i zpAv S 1 f o i s ►� u e v) (1on1-- is t F f. Please describe your restroom facility plan: M to v-o bYv\c. ot v►1 pcVi-- . Other Information Please describe how your organization, your event, and/or your use of the park will provide benefits to the community: 4{4 A.w% 1 k S'v .nL_ �-o i n c oY p sre -c_ 6,1( t (C „vt e n{ t o roal Or 14 S.b rak lovtSiimws 6 cCt 1 ectew of iej C 2 6ifra Please specify and describe other community or city facilities that you plan to use: Nchn_IL Have you applied for a Special Event Permit for this use? Yes ` No broad -based aF -h.LL c G'vUNit KV(���, 114ark a ceic(O rek 4v1 local (LidtS oAc{-i v; %.tS Will you be able to provide proof of insurance, showing the City as an additional insured? Yes b( No I certify that the information contained in t_is application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditi Signature of Contact Person: h is permit. Date. ACe(12.— Office Use Only •.. -•� AMR 1 Public Works Review. Police Department Review. Administrative Review. Park Use Fee. 1/ 00 Date Fee Paid: 3'7-/ a. Date of City Council Approval. (� µ/ 0 0 Insurance Received• Final Set up Diagram Received. Special Conditions or Requirements: Other Required Permits and Approvals 5-6 Swanny Park j Q tt 400 North Street Aquatic Center Playground 6 Cove Picnic Tables s w4 y/z/ 3 Picnic Tables 100 50 N SCALE 0 100 1" = 100' 200 FEET 100 West Street To Main St. One Block 5-6 3n "peg uo suolloedsul peilnbed p -p/c7' - 0€ -A, of -00e - OE -. � WONJ :wa3j 3aril0nals Na:mow C. •6 Z uvv tl7°W23IADD toniinmots 0 c1) F 0 L -tt • ,.a , 1041100 1.110 AB 03A021ddV 31V0 ZIOZ I ') ��' ' 1 1 .e..-----__ :321111VNOIS S,110103dSNI °maims ION to S3A 0 03611038 111213d ON Ulna 0,031:1 JAW 8VOW d0 Ali° Stelt$ nr4WIUN aiunieu6G s ,Joguis!uppd 6uiuoZ SL'£ :XVj 31V1S %: Cf.7 :3N0Z 00'9L£$ 33d 310113081$ 140-0 ON ❑ S3AtZ1 :30NVNI080 3ar onws No-03noW HIM S: 'WOO { S3u r100a1S38 io 3Sn 5 S/v0ajd -1(% 33111113r3 140081S3a 40 MIMI w!11! �4u0 4 unlrN0, //VIP :321n1VNOIS S,213NM0 A1213d021d 110/113d Sail AO P121313H1 VOA A1213d08d IN NO 321nl0(1211S Ha03A0Y4 3H/ MOW 01332l0V 413NM0 A1213d021d 3H1) "i3 70r/ /7/ 51 (ey, :(1Ni8d) 83NM0 Ala3d021d 30 311VN Qvow I /v/ fju/ S 1,12 E NOI1V00n S, 38r11.0n8lg 03Sodoad AO SS3800V a?inl;', r!V./ ✓� S?/6'S S >' E1OW V-ifee itf t :3an1.0n2118 30 3dAj i t/bps fne t w o s :38111011alS 30 3Sn 03S0d0ad o f seS 07 l em,97,,/-776.70` I'? f r (7 s rag b :sS3a00y J rum of t ) , L0 9 - l :3N0Hd S,i13NM0 3./V-41, J Nerv(VVMS 30A/N s a3NM0 OL Gl - -'bv 94,6 :3N0Hd SS3N Sn8 .rrr6//dn/e, S reed//$' -+r.? n/ n/,/a"77,/1. :3IYVN SS3N Sn8 :Lry I21'3� 331I��fII�I�,� laraAon PARKING MOAB CYCLERY 89.22' PARKING 3 N rn 16' SUNGLASS TRAILER S89°47'E 60.0' 5_L DIRT PARKING LOT Q. N89°47'W 46.6' CITY MARKET GAS STATION 149 22' 40'9- PARKING PARKING 01-MU V-0009 01-MUV-0009 CITY MARKET OVER FLOW PARKING D 73 rn 6 Q P�� i I i I i i rimilloommeem I I 1 15.01' 6-1 z TYPE OF STRUCTURE: BUSINESS NAME: 1� BUSINESS PHONE: 4.55 �59 618 OWNER'S NAME OWNER'S PHONE: MAILING ADDRESS: 4;25 , /Oa/ [21016 1e.i U Q -630? PROPOSED USE OF STRUCTURE: (*); �./ 41 � V -_ PMS»0_,00e, %2d� �mp ADDRESS OF PROPOSED STRUCTURE'S LOCATION e.(70,Cj SD) 10)(71:7")_ rnal✓, C , eR/a5)?_ nifvnb NAME OF PROPERTY OWNER (PRINT): I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON RUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: LOCATION OF RESTROOM FACILITIES: gaziocli COMPLIES y. l i MOVED -ON STRUCTURE ORDIN ZONE; (/ fj Zoning Administrator's Signature: NCE: I)SIYES O N BUILDING PERMIT REQUIRED: ❑ YES SINO BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL f nc. 7/ SIGNATURE OF 6WNERAPPROVING USE OF RESTROOM FACILITIES: SIGNATURE OF CRY RECORDER MOVED -ON STRUCTURE TERM: FROM r a TO 31/0 , `yj�1 cgoAz Required Inspections on back. 1 MOVEO.ON STRUCTURE FEE: 1 % STATE TAX: $75.00 .75 $75.75 PYMT REVD CITY OF MOAB FEB 2 9 2012 A 95 ,16 ry)pok..et 90,-/f" )/0 r-) 1J01- -TO ScA\e_ I fi,f 2 Vie( een-i-eR n S\roP-Q----J;ki-1 ID L125 o• 14i n / l �}RK+n�c �Ot Side Local►< Ne..417n3 oveR SCR ueAuRE Q%, c 6-2 " 5 * m i / S i s z c _ 2 2 . ' ' x Z y J 4 0 ` �� N . . a 4 . 4 0 ' ' 1 3 1 0 1 1 4 . p . , O f . ' ` r , . ��% . " . ��" n 1 0 - ��I N l " , ` ' M S ' 1 " S L i i r �� N c o " " a ��y _ r r t �� - 0 . , % ��" x 1 4 , 1 D E 1 V . u M I T - Q U A , P P O S I T j O j ��( ��r . P ��J N f e t s . e . 1 - k �� w . " " S T A N D A R D . . . . - 3 4 4 1 i n O f r s 0 l �%e r 4 , J f l ' M 4 , - c ( ` P i m . S 4 d . ( Q . . . 1 g t 0 4 0 1 1 O a 3 l M I T I W e l 3 t 4 " S A S E v e s s m a s s t s r C O N M E C T o N ( 0 4 . z ) 3 1 1 1 " s 3 " C A R R . S O L T M o v e a b l e G r e e n h o u s e 4 �IrA- 's I� A' B CITY ,CTIiRE EMT BUSINESS NAME: OC)32_ Th.�- BUSINESS PHONE: C JS J 2-10 I 2-0 3 OWNER'S NAME ---SZLC3T 1Q �Q�r OWNER'S PHONE:EL}�j) 2.l0 ` I Zo MAILING ADDRESS: 1 5? � 16h l.�l..l' e_Li O C` !Mob 1b u+ aq6 3 2 _ A\ -Qc pub\ tc Mob\ lc \-\ome. PROPOSED USE OF STRUCTURE: TYPE OF STRUCTURE: ADDRESS OF PROPOSED STRUCTURE 'S LOCATION NAME OF PROPERTY OWNER (PRINT: I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: V 3 - MCA--� . w^ SIGNATURE OF OWNER APPROVING LOCATION OF RESTROOM FACILITIES: �'� L 0. ��..�SE OF RESTROOM FACILITIES: COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: AYES ❑ No ZONE: C", Zoning Administrator's Signature: BUILDING PERMIT REQUIRED: ❑ YES BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL No SIGNATURE OF CITY REgORDER MOVED -ON STRUCTURE TERM: FROM 4p r 1( � � To i\f pv I St Required inspections on back. MOVED -ON STRUCTURE FEE: 1 % STATE TAX: $375.00 3.75 $378.75 PYMT REC'D CITY OF MOAB R - 8 2012 AMT W 1 LKIN YL!-1GH IN )(d9).\-g u \rov1/4), O 0 01-B14-0006 5 231.0' 0 N M �- 30 3Z x8 tn45a 01-B14-0004 amm•s k .011. O N M •s i 231.0' WESTERN PLAZA INC 01-B 14-0005 \ \ N70\9, �21s o, \ \ \ 30 231.1' 30 [ 3O 234'4 113.01' 9acKirg \ \ \ \ \ ?WI n' \ \ \ 28.0' \ 3o i i -it)! - -- ot 231 3o 1 6 too LOT 2 $0 I $0 S 89°z 6-3 ��l B U S I N E S S N A M E : O W N E R ' S N A M E M A I L I N G A D D R E S S : i k - 2 ` ��G 4 A 1 1 1 0 . M . 1 1 �� ����e V e n L u . C o - r - e Y t 7 C a r e t e F i - r n B U S I N E S S P H O N E : O W N E R ' S P H O N E : P d . B o x L _ D I M r ) 0 1 3 ) L E T y 5 3 a P R O P O S E D U S E O F S T R U C T U R E : l i l i b a _ e _ T Y P E O F S T R U C T U R E : I ( A O Y J I t , . 4 r k - A C k A D D R E S S O F P R O P O S E D S T R U C T U R E ' S L O C A T I O N S S . i 1 0 . L n N A M E O F P R O P E R T Y O W N E R ( P R I N T ) : 4 5 5 - 2 0 D - S c t a L o a - a a g l I ( T H E P R O P E R T Y O W N E R ) A G R E E T O A L L O W T H E M O V E D - O N S T R U C T U R E O N M Y P R O P E R T Y F O R T H E T E R M O F T H I S P E R M I T . 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INTEROFFICE MEMORANDUM TO: CITY COUNCIL, MAYOR FROM: KEN DENNEY SUBJECT: CHIP SEAL PROJECT DATE: 3/8/2012 It is my recommendation that we accept Geneva Rock Products bid for the 2012 Chip seal project. They bid $118,800.00 for Chip seal and $14,300.00 for the flush coat for a total of $133,100.00. We budgeted $160,000.00 for this year's project. We also received the following bids: LeGrand Johnson Co. $142,450.00 United Companies $143,550.00 Intermountain Slurry Seal $155,650.00 Sierra Nevada Const. $220,000.00 Thank you 14A,,Darv.J.,‘i Ken Denney Street Superintendent 6-5 1 42 450 2 i-t3,550 3 55(6,50 4 Zo, boc) 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Name Chip Seal Bid Opening March 2, 2012 2pm CV) Sz0, 1 \'rtxt) ---`;,,__,-\ f-Q•j--,v,,Lc_.\ \_Ica) ; `Th.C507 14-1,,'D 0 , q:1 -.Q--1.' «5,957i( f C.,,-iDo . Iy13N0°` 9 I5) L��s qM'A3R-0\ C�- t,.., \r-s Sew :5D ; g5® d'W -v--c l )\\ eag Ft cad ,50 l//a_ , , 50-15 ,-ir\___ r IAC-i f_71, 1 , Present at Bid Opening: ame: t IA , Vs1,(la Vb Sig at r: AmountRIASLCODA- Zie3/'`\1= 3/2/2012 City of Moab Recorder's Office 6-5 CONSTRUCTION CONTRACT (Contractor Payment Bond and Performance Bond) This CONTRACT is made and entered into this, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, in the Contract Documents referred to as the "City," and GENEVA ROCK herein referred to as the "Contractor". RECITALS WHEREAS, the City advertised that sealed Bids would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the Project described by the Contract Documents and known as 2012 Chip Sealant Project; and WHEREAS, the Contract has been awarded to the above named Contractor by the City, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Bid specifications for the Project; b. Official design prints and specifications furnished by or to the Contractor and approved by the City; c. Change orders, approved written instructions, and written contract amendments; d. Performance and Payment bonds; e. General and Supplementary Conditions; and 2012 Chip Sealant Project Page 1 of 10 6-6 f. Notice of Award. ARTICLE 2 Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract and other portions of the Contract Documents. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, supervision, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks associated with or described in the Contract Documents, as limited to those items as indicated in the Notice of Award (the "Work"). Contractor warrants that all construction shall be completed in a workmanlike manner and in accordance with all plans, specifications, and applicable building codes. a. Upon request, Contractor shall provide to the City a list of all subcontractors who will provide construction services under the Contract. All goods and services provided by subcontractors, material suppliers, and laborers shall be pursuant to written agreement between all such persons and the Contractor. Contractor shall be solely responsible for supervision of all of its employees and subcontractors, and assuring that work by those persons conforms to the Contract Documents. Contractor shall be solely responsible for payment to all laborers, subcontractors, and material suppliers in connection with work performed under the Contract. Any non-payment by Contractor of sums owing to laborers, material suppliers, or subcontractors is material breach of this Contract. The City, in its discretion, shall be authorized to contact subcontractors, material suppliers, and laborers working on the project for the purpose of verifying compliance with this Section. ARTICLE 4 Contract Time and Liquidated Damages. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work within the time specified in the Special Conditions. In the event that the work is not completed in the times set forth and as agreed upon, the Contractor further agrees to pay Liquidated Damages to the City as set forth in the Special Conditions. Special Conditions: The Contractor shall complete the Work no later than August 15, 2012. Liquidated damages for delay in the amount of $250 per day shall be assessed against the Contractor in the event that the Work is not finally complete and accepted by the City by the agreed completion date. Remedies under this Article 4 are cumulative to any other remedies provided in this Contract. 2012 Chip Sealant Project Page 2 of 10 6-6 ARTICLE 5 Contract Price and Payment Procedures. The Contractor shall accept as full and complete compensation for the performance and completion of all of the work specified in this Contract and the Contract Documents, the sum of $133,100.00 ("Contract Price"). The Contract Price has been lawfully appropriated by the City Council of the City of Moab for the use and benefit of the Project. The Contract Price shall not be modified except by written change order, as set forth below. a. Partial payments shall be made proportionate to the progress of the work according to the following schedule and (if applicable) the schedule of values in the Contract Documents, but subject to this Article Five: [insert payment schedule] Pay Applications shall be prepared by the Contractor and subject to review and approval by the Project Manager based upon the schedule, above. In no event shall the Contractor be entitled to progress payments exceeding percentage of the Work that is completed in accordance with the Contract Documents, less retainage, inclusive of materials ordered and delivered to the site as measured against the total Contract Price. b. The City shall retain the sum of five percent (5%) of the total Contract Price, which sum shall be disbursed to Contractor no later than ten (10) days from the date when the Work is determined by the City to be finally complete and in conformity with the Contract Documents. c. In the event of default under this Contract, the City may retain and deduct from the sums owing under this Contract amounts sufficient to cure or abate the breaching condition, damages, or event. ARTICLE 6 Bonds and Insurance. a. Contemporaneous with issuance of the Notice to Proceed Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. 2012 Chip Sealant Project Page 3 of 10 6-6 b. Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. c. The letter of credit, payment bond, and performance bond shall be released no later than one year from the date of award of this Contract, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. d. Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. e. Contractor shall provide a Certificate of Insurance as outlined in the following insurance requirements. The limits of liability for the insurance required by the Contractor shall provide coverage for not less the following amounts or greater where required by law: Workers' Compensation 1. State: Statutory 2. Applicable Federal: Statutory 3. Employer's Liability: State Insurance Requirements Comprehensive General Liability: 1. Bodily Injury: $1,000,000 (combined single limit CSL) Each Occurrence $1,000,000 Annual Aggregate, including Products and Completed Operations Hazard 2. Property Damage: $1,000,000 CSL 2012 Chip Sealant Project Each Occurrence Page 4 of 10 6-6 $1,000,000 Annual Aggregate 3. Property Damage Liability Insurance shall provide Explosion, Collapse, and Underground coverage where applicable. 4. Personal Injury, with employment exclusion deleted. $1,000,000 CSL Comprehensive Automobile Liability: 1. Bodily Injury: $1,000,000 CSL $1,000,000 CSL Each Person Each Accident 2. Property Damage: $1,000,000 CSL Each Occurrence Contractor shall maintain insurance covering casualty to materials purchased for the Work and stored on or off site. f. The Comprehensive liability insurance shall include completed operations hazard insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded or canceled, materially changed, or renewal refused until at least thirty days prior written notice has been given to the City by certified mail. All such insurance shall remain in effect until final acceptance of the Work by the City, and at all times thereafter when Contractor may be correcting, removing, or replacing defective work. The City shall be endorsed as an additional insured under the general liability policy. g. Contractor shall record a Notice of Commencement and Notice of Completion and, as provided under U.C.A. § 38-1-31 and § 38-1-33. ARTICLE 7 Integrated Contract; Change Orders. The Contract Documents constitute the entire agreement between the City and Contractor, and shall supercede any prior representations or discussions. The Contract may only be altered, amended or repealed by a duly executed written agreement signed and lawfully approved by both parties, except as noted by subsection (b), below. This Contract shall not be assigned, in whole or in part, except upon approval in writing by both parties. a. Contractor shall not be entitled to compensation in excess of the Contract Price, nor shall additional work be undertaken, except upon approval of a change order signed by both parties. The change order shall specify the upward or downward change in 2012 Chip Sealant Project Page 5 of 10 6-6 the Contract Price, the scope of the work to be performed or omitted, and the change in the Contract Time, if applicable. b. In the event that budgetary, or other unforeseen circumstances, render completion of the Contract Work impracticable, the City, in its discretion, may unilaterally issue a construction change directive reducing the scope of the Work or omitting certain items from the Contract. In that event, the Contract Price will be proportionately reduced. Construction change directives may only be issued with respect to work that has not been performed as of the date of the change. ARTICLE 8 Warranties. The Contractor warrants to the City that all the construction performed under this Contract shall be constructed in a workmanlike manner, in accordance with approved plans and applicable building codes, and free from defects of workmanship, labor, and materials, for a period of one year from the date of final completion of the improvements, as certified by the Project Manager. Upon written notice from the City, Contractor agrees to repair or replace any Contract Work that is found to be defective. ARTICLE 9 Extensions. For good cause shown, the City may grant a reasonable extension of time for the completion of improvements pursuant to this Contract. Good cause may include acts of God, severe weather disturbances (beyond those conditions which are typical to the Moab climate), floods, strikes, riots, or other acts or causes which are unforeseen and beyond the Contractor's control. Extensions of time or change orders for additional compensation shall not be authorized for inexcusable delay, which shall be defined to include, but not be limited to, inadequate crewing; inadequate supervision; late ordering of materials; failure to properly coordinate work; or similar events which could have been avoided with proper foresight, care, or planning by Contractor. All extensions shall be approved in the manner provided for change orders ARTICLE 10 Legal ComplianceLSafety, Indemnity. Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains insurance coverage as described in this Contract; and that all such policies shall be in place for the duration of this Contract. Contractor further warrants that it shall perform this Contract in compliance with all applicable City, state, and federal laws, including all applicable regulations governing workplace safety, including but not limited to those promulgated by the Occupational Safety and Health Administration (OSHA). With respect to workplace safety, Contractor shall at all times employ properly trained individuals and subcontractors, who shall work under appropriate supervision. Contractor shall also hold regular safety meetings as necessary and appropriate, given the particular safety issues presented by the Work. >O l 2 Chip Sealant Project Page 6 of 10 6-6 a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liabilities, including reasonable attorney fees, as result of damages, losses, or injuries, including death, to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breaches of duties by the Contractor, its officers, agents, employees, subcontractors, or suppliers in the performance of the Contract or in discharging its legal duties, generally. This duty to indemnify shall apply to all claims by Contractor's employees, subcontractors, or material suppliers with respect to any liabilities incurred by Contractor in the performance of this Contract. ARTICLE 11 Remedies. The failure by either party to perform or carry out any of the obligations in this Contract or to perform the construction in accordance with the Contract Documents shall be grounds to declare default. In the event of default, the non -breaching party shall be entitled to recover all actual damages resulting from breach, in addition to the other remedies specified in this Contract. Actual damages shall include reasonable and necessary costs of completion of the Work or repair or replacement of Work which does not conform to the Contract Documents. In no event shall either party be liable to the other for consequential damages. In addition to any other remedies, in any legal action arising from this Contract the substantially prevailing party shall be entitled to recover its reasonable attorney fees and court costs. ARTICLE 12 Venue, Choice of Law,lnterpretation. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. a. There are no known or intended third party beneficiaries to this Contract. b. This Contract is the product of mutual bargaining. It shall be construed in accordance with its plain meaning, regardless of the extent to which either party participated in the drafting. 2012 Chip Sealant Project Page 7 of 10 6-6 ARTICLE 13 Notice of Breach, Limitation of Actions. In the event of the occurrence of any breach of the terms of this contract the non -breaching party shall promptly deliver written notice of same to the other party and allow a reasonable period of time for the other party to cure or abate the breaching condition. It shall not be necessary for any party to deliver multiple notices in the case of repeat or ongoing violations. Any legal action arising from this Contract shall be filed not more than one year from the act, event, or omission constituting breach, and not thereafter. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 Contractor: Geneva Rock 1565 West 400 North Orem, Utah 84045 The City of Moab has caused this Contract to be subscribed by its Mayor and attested by its City Recorder on its behalf; and the Contractor has signed this Contract as set forth below. Date: ATTEST: Rachel E. Stenta City Recorder (Seal) City of Moab, Utah By: Mayor David Sakrison 2012 Chip Sealant Project Page 8 of 10 6-6 Contractor: Date: By: Title Title: State of Utah ) County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County 2012 Chip Sealant Project Page 9 of 10 6-6 Exhibit A PAYM ENT AN D LI EN WAI VER This payment and lien waiver is made and executed this day of , 200 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the , project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: 2012 Chip Sealant Project Page 10 of 10 6-6 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE March 9, 2012 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Acceptance of the Proposal for a Preliminary Engineering Report for the North Moab/Lions Park Water and Sewer Preparation of a Preliminary Engineering Report is the first step in extending water and sewer services into the North Annexation Area and to Lions Park and the Transit Hub. As you are aware, Lions Park is scheduled to be upgraded with a large welcome plaza with restroom facilities and landscaping that requires irrigation. The existing water service line to the park is not sufficient to provide flows for the new facilities and there are currently no sewer facilities in the area. Additionally, much of the land in the North Annexation Area is currently vacant, but has the potential for significant development that will require water and sewer services to be extended. Due to the topography of the area, the sewage will need to be pumped up to the North Area Trunk Sewer. Since this involves master planning and likely requires outside funding, staff determined that the best approach is to start by preparing a Preliminary Engineering Report that will evaluate alternatives and recommend water and sewer system designs that will meet the needs of Lions Park and account for future development. This report can then be utilized to obtain funding for final design and construction of the facilities. On February 10, 2012, nine proposals were submitted by consultants to perform the work. The proposals were evaluated by staff using qualifications based standards. This methodology was necessary in order for the cost of preparing the Preliminary Engineering Report to be eligible for reimbursement once funding is obtained. The evaluation criteria were as follows: Project Understanding and Approach (40 percent); Qualifications (25 percent); Experience (25 percent); and Project Work Schedule (10 percent). Scores for each category were given on a scale of 1- 10 with 10 being the highest. The weighted scores from each of the three judges were averaged to obtain a combined score that could be used to rank the proposals. 6-7 The proposals ranking in order of from highest to lowest are: - Forsgren Associates Inc. - Bowen Collins & Associates, Inc. - MWH - Waterworks Engineers - Horrocks Engineers - Johansen & Tuttle Engineering Inc. - JUB Engineers, Inc. - Souder, Miller & Associates - Briliam Engineering The combined score for Forsgren Associates Inc. was enough higher than the next consultant to substantiate them as the lone frontrunner. However, since the City has not worked with Forsgren Associates Inc. previously, I called references and received favorable reports. It is my recommendation that we accept Forsgren Associates Inc.'s proposal to prepare a Preliminary Engineering Report for the North Moab/Lions Park Water and Sewer and execute the associated contract in the amount of $49,550. Sincerely, .,(d6-t-c. A-v•-e Rebecca W. Andrus, PE Moab City Engineer 6-7 "re rrnran.1 -";-roireerrrc.? 9.eport \ort:/- 1V\oa I Lior5 -9ar Water aro Sewer- FOlkSG,REN E44zietat Yiti. E-a5t 500 South, 5u1 ,e 200* 5L-C, Lif 84111*- 801,64 4785 FOIGREN, February 10, 2012 Ms. Rebecca Andrus, PE City of Moab 217 East Center St. Moab, UT 84532 s 196202012 Re: Request for Proposals — North Moab/Lions Park Water and Sewer System PER Dear Rebecca, On behalf of Forsgren Associates Inc., we excited to submit this proposal for funding environmental and engineering services in support of your upcoming Preliminary Engineering Report for the North Moab/Lions Park Water and Sewer System. We realize the hard work you and your team have put into getting this project to this point and we stand ready to assist you to take it to its next level. Thank you for the time you and your staff have spent with us to explain your needs to allow us to better meet your expectations. We would be pleased to become part of the Moab infrastructure team to help identify solutions and funding options that will generate value for the City residents and its visitors. We look forward to working with you! Sincerely, FORSGREN ASSOCIATES INC. Donzil Worthington Travis Higby, PE Funding & Development Coordinator Project Manager 370 East 500 South, Suite 200 • Salt Lake City, UT 84111 • 801.364.4785 • Forsgren.com U u6 C/ 46'641Th/ CBvknuuiiii ed,M 6-7 b. Project Understanding and Approach Forsgren's understanding of the project was best summed up by Rebecca Andrus' pre -proposal meeting comment that this project is really simple, yet really complicated. It is really simple in the sense that there is a whole host of competent engineering consulting firms that can provide water pipeline and sewer lift station planning and design expertise. However, the project is complicated in the sense that there are so many potential participants (USDA Rural Development, UDOT, developers, environmentalists, RV park owners, hotel owners, etc.) that can quickly complicate seemingly simple decisions. There are three things that Forsgren does very well that are uniquely suited to help you with your PER: 1) We know USDA funding. Our focus for the last 50 years has been on water and wastewater projects for rural cities similar in size to Moab, who do not have large professional staffs with the time or resources to identify funding and to work hand -in -hand with the agencies to package the loans and grants necessary to make a project affordable. Finding funding is second nature to us and has allowed us to develop a close relationship with the USDA — Rural Development Director Debra Meyer. Additionally, we were fortunate enough to assist Jim Bulkeley, P.E. (with the USDA Water and Environmental Programs in Salt Lake City) in reviewing multiple PERs and EAs submitted by various cities and districts and their consultants. In fact, please note the minimal hours assigned to USDA coordination under the Fee Schedule. Our extensive USDA funding experience allows us to provide this service to Moab as more of a professional courtesy that we are willing to donate to help make this project successful. 2) We know how to get federal agencies and local participants to the negotiating table to create win -win solutions. Again, the lift station and water line design and environmental assessment/report will be the "simple" part; understanding the significant development potential of the north end of Moab and formulating intelligent infrastructure phasing alternatives is the key component to create a thriving resort and commercial area. Whether its understanding the City's vision for the Lions Park area, or meeting with Randy Day to discuss his latest development plans, or UDOT and the future highway 191 widening, or dealing with Economic Development and Planning & Zoning issues along the corridor, all the while being aware of tourism and non motorized travel, we understand the complexity of drafting a pertinent and useful PER. 3) Service. Our job is to make your job less difficult and to make this project a success both technically and in the perception of the stakeholders. Our commitment to service, response and communication will play a vital role in creating this success. PER SCOPE OF WORK Water Use: Out of all the PERs and EAs that Forsgren reviewed on behalf of the USDA, the most common exclusion was adherence to the Utah Supplement to Bulletin 1780-2 Water Facility. This supplemental document elevates the 1780-2 PER to a new level of completeness and correlation with the Utah Administrative Code R309. Our approach to the seemingly simple water extension will include key components such as a copy of a water quality analysis, verifying that water meters will be included, a recitation of culinary water rights, source capacity, storage capacity, an alternative selection decision matrix, assistance with a Vulnerability Assessment, verifying compliance with the R309-105-9 (2) minimum pressure rule and source protection. Sewer Flows & Lift Station Sizing: As with water projects, we have also reviewed many wastewater projects per the RUS Bulletin 1780-3 on behalf of the USDA-RD. An initial thought occurs in regards to the sewer portion of the North Moab/Lions Park project: peak sewer flows from recreational -based facilities such the park, transit hub and hotels will dictate the upper end of performance for lift station pumps as well as the capacity of gravity collection lines. However, low -flow seasons also present a challenge; a lift station sized only RFP — Preliminary Engineering Report — North Moab/Lions Park Water and Sewer Systems 6-7 Page 1 b. Project Understanding and Approach for large peak flows is very susceptible to odor emissions as low flows stagnate in an oversized wetwell. Vandalism, noise, footprint and energy efficiency are also key planning and design components for sewer infrastructure in a recreational area. Facilities for Development: The main features for the water and sewer systems are obvious, but the future tie- ins to accommodate growth are not as straight forward. Water main stub -outs to future developments could take the form of fire hydrants or flushing valves. The sewer collection system will require careful planning largely due to the high elevation of Hwy 191 in relation to the parcels on the western shoulder. An individual lift station, such as the Aarchway/Holiday Inn installation, could be implemented for each parcel but may not be the best long-term solution. The PER will evaluate other options such as a new gravity collection system west of the highway flowing north to a regional lift station. Considerations would include the 100-year flood plain, allowable finished floor elevations of new buildings to facilitate gravity flow, and possibly a boring under Hwy 191 to pass gravity flows from Lions Park and the Transit Hub to the regional lift station. Alternative Evaluation: Although the Utah Supplement to Bulletin 1780-2 Water Facility requires a list of decision criteria (environmental considerations, capital costs, present worth costs, constructability, needs of the applicant), it is our job as your consultant to help quantify the real project drivers for the City and represent them in the evaluation. Flood Plain: With the flood plain and Nature Conservancy directly adjacent to the development sites along Hwy 191, special care will be taken in proposing alternatives that will be functional during peak flood events as well as protect the environment. The PER findings will include a sensitive handling of the prevalent development versus preservation issue and the unique "backwater flow" element of the local flood plain issue. Environmental Report/Assessment: We have prepared numerous EA/ER packages over recent years, following the RUS Bulletin 1794A-602 — Guide for Preparing the Environmental Report for Water and Environmental Program Proposals, and are intimately familiar with the demanding requirements. We are aware of the recently completed UDOT Highway 191 EA, and while a new ER must still be developed, we anticipate much of the data from this recent EA will be applicable (such as SHPO, field surveys, mapping, etc.), thereby saving time and costs; in the very least the Game and Fish and tribal notifications will have to be updated. Project Funding: While the City has clearly looked at the various funding scenarios, USDA-RD was identified at the pre -proposal meeting as the likely candidate for selection. Forsgren has a long and successful track record of funding rural infrastructure projects with USDA funds. We have recently talked with Debra Meyer, USDA-RD program manager, regarding this project and have previously meet with USDA engineer Jim Bulkeley about the project. In summary the City is eligible for funding and the USDA has grant and loan funding available for this project. Based on several factors, but chiefly the City's ability to repay a loan and the local income level will play a part in grant eligibility. According to Ms. Meyer, a maximum of 45% grant would be the best case scenario with a 3% interest rate on a loan with a term up to 40 years. At this point the PER and ER would have to be submitted and approved by Mr. Bulkeley before a FONSI can be issued and at the conclusion of the FONSI process funds may be requested. USDA-RD funds have already been allocated for this fiscal year, so the earliest a request for funding for the North Moab/Lions Park project could be requested is at the next biannual federal pooling. Even a best -case scenario at this time would likely be to request funds in the August National pool. We will commit to work closely with Debra and Jim and relay on our established relationships to ensure the best and most expeditious outcome for the City. As previously noted, Forsgren provides much of this service as a project support to the capital project as a courtesy to our clients. A successfully funded outcome is in our best interest as well as the City's. RFP — Preliminary Engineering Report — North Moab/Lions Park Water and Sewer Systems 6-7 Page 2 ,59 F()F SGR��v C. Qualifications ceiro YEARS FMGaIREN, Forsgren Associates is celebrating its 50`h anniversary as a leading water and wastewater planning and design engineering firm in Utah and the western United States. We at Forsgren have been very fortunate to be able to grow in our abilities to better serve our clients during this economic downturn by expanding offices into Colorado, Montana and New Mexico in the last year. Our 10 offices throughout the western US boast 20 municipal engineers and 15 wastewater process engineers that can be called upon to fulfill any requirements. As one of our newest additions we are very pleased to offer Donzil Worthington's expert client care capabilities and funding know-how together with Forsgren's water and sewer planning team. RECENT WORK HISTORY One of the key Forsgren team members Donzil Worthington is in Moab on a weekly basis and has a long history of providing service to the City of Moab, Grand County, Grand Water & Sewer Service Agency, local BLM, local national parks, and local developers. A sample of projects Mr. Worthington has successfully completed include: • Street and water improvements — City of Moab, Center St. west of Main — Brent Williams • Street and drainage improvements — City of Moab, 5t" St. — Brent Williams and Dan Stenta • Local development site work — Randy Day • White Horse PUD — Grand County — Mark Griffith Development • Rim Village development — Grand County — Chuck Henderson • Rim Vista development — Grand County — Chuck Henderson • Wastewater mapping and improvements — Grand Water & Sewer Service Agency — Dale Pierson • Survey services — North Boundary of Arches National Park • Survey services — BLM — Negro Bill Canyon • Survey services — BLM — Monitor & Merrimack, Dead Horse Point State Park • Utility extensions — City of Moab — Brent Williams and Dan Stenta Arco Water System Improvements Owner: City of Arco, ID Contact: Gene Davies, 208.878.2224 Contractor: Currently out to bid The spring of 2011 produced several warm days and the summer promised record temperatures. The City often experienced concern on hot summer days as the public works staff watched the water level in their storage tank lower and overnight flows failed to replenish the tank to capacity. In the midst of this scenario and without warning, the Water Street well pump failed and the City Park Well was pumped 24 hours a day trying to match supply with demand. Then the motor starter on the City Park Well failed. City crews scrambled to find a solution, eventually raiding the electrical components from the Water Street Well for use on the Park Well. To compound matters, citizens in the upper pressure zone on the east side of town continued to experience low pressure (sometimes 20 psi or less) and suffered from leaking pipes. Customers complained that it was impossible to water the lawn and take a shower at the same time. The City had attempted to correct many of these problems ten years earlier, but failed to authorize a bond allowing them to borrow money to proceed. They had also drilled a new well recently as part of a sewer project that failed to produce sufficient water. In summary the City had insufficient production capacity, insufficient storage volume, inadequate water pressure throughout portions of the distribution system, and a cynical citizenry that doubted a remedy could be implemented cost effectively. The City needed help and once again turned to Forsgren Associates. RFP — Preliminary Engineering Report — North Moab/Lions Park Water and Sewer Systems 6-7 Page 3 - o FOF SG RE C. Qualifications FA responded by working with City staff on remedies for the Water Street Well and petitioning USDA Rural Development for financial assistance from their emergency fund. In addition, to qualify for money to implement improvements system wide Forsgren developed a Preliminary Engineering Report within two months including the Environmental Assessment, conducted two public meetings to present the dire circumstances to the citizens and along with technical and financial solutions they could afford, and worked with Rural Development to refinance existing debt and secure low interest loans and grants for not only the emergency repairs but for a comprehensive overhaul of the entire system. DEQ complimented Forsgren commenting "That is the best engineering report we have seen in several years." The project includes repairs to the Water Street Well, construction of a new production well to augment water supply, a new 500,000 gallon concrete storage reservoir, and replacement of the distribution system in the upper pressure zone. Wastewater Influent Sewer Pump Station Owner: City of Burley, ID Contact: Mark Mitton - City Administrator, 208.878.2224 Contractor: Alder Construction, Glen Perry, 801.230.3619 Forsgren completed a new influent pump station as part of the upgrade of the WWTP from lagoons to a fully mechanical, biological nutrient removal, reclaimed water production facility. The pump station features many improvements over the old lift station, including locating screens prior to pumping to protect the pumps from clogging; using fine mesh band screens to remove more material; installing 20 foot tall screens so that the washer/compactor is at grade level; providing access to the submersible pumps at the lower level for easier maintenance, while providing top access for pump removal. The electrical gear is housed in a separate building to prevent corrosion from hydrogen sulfide. The pump station has an initial capacity of 10.7 MGD with an ultimate capacity of 21.4 MGD. Route 66 Main Sewer Lift Station Owner: City of Grants, NM Contact: Roberta Martinez 505.287.7927 Contractor: Mike Chavez 505.280.7061 The 2.0-mgd main sewer lift station in Grants, NM lies along the historic Route 66 and receives flows from Grants and nearby Milan, as well as two prisons. The maintenance staff for the City of Grants found they were spending an inordinate amount of time maintaining a lift station. They experienced frequent pump failures due to clogging, strong odors, and sporadic emergency calls. The City turned to FA to help resolve the issues. Following some investigation and discussion with the City, it was determined that the unique waste streams from the prisons and along with excessive detention time in were contributing to the pump failures and odor issues. the wet will FA recommended rehabilitation of the lift station including replacement of most of the corroded electrical and control equipment along with the aging pumps, addition of Variable frequency drives to improve efficiency and assist with controlling odors, improving the HVAC system, adding odor control ventilation and equipment, improved building lighting, and installation of an upstream grinder to macerate large solids that would otherwise damage the pump impellers. The rehabilitated lift station would feature multiple rooms to separate the corrosive gases from the control equipment, valves and discharge piping, and HVAC equipment. RFP — Preliminary Engineering Report — North Moab/Lions Park Water and Sewer Systems 6-7 Page 4 C. Qualifications New Sweden Sewer Lift Station Owner: Shelley (EIRWWA), Idaho Contact: Roger Christensen 208.529.1360 Contractor: HK Construction, Kendall Louvell 208.523.6600 Design of the Northern Interceptor posed several problems, among others, crossing the Snake River, acquisition of property and easements, crossing I- 15, and the depth to basalt. After reviewing the hydraulics of the system, the design team elected to cross the river by constructing a lift station and suspending a force main on the county owned bridge. The inclusion of a lift station in the design required acquisition of property suitable for construction of the lift station. The FA team identified a suitable piece of property and negotiated a favorable agreement for acquisition of a specific parcel of property for construction of the lift station. FA prepared legal descriptions and subdivision documents to separate the parcel from the parent property and designed a duplex submersible lift station with backup power featuring 25 HP pumps with flow capacity of 1,300 gpm with one pump in designed with a building to house and protect the equipment and separate the wet well. operation. The lift station is QUALITY ASSURANCE AND QUALITY CONTROL Forsgren Associates initiates the quality process by identifying and then using all our systems, efforts, and company commitment to exceed our clients' expectations. For this project our Project Management Plan will include a Project Management Plan Review, various Management Reviews, and Internal Reviews. Reviews will be completed by the QA/QC team led by Brent Crowther. If any technical, budget, schedule, or quality issues are identified Brent will prepare an action plan that clearly defines responsibilities, schedules, and follow-up procedures. If out of scope items or schedule delay items arise at any time, Brent will contact the City and immediately to take corrective action. Our Quality Control Manager Brent Crowther will work with our Project Manager Travis Higby to develop deliverables in accordance with task order requirements and established QC project procedures and receive QA reviews at appropriate stages prior to milestone submissions to the City. The quality assurance review will cover calculations, drawings, specifications, and all other project deliverables. The review team is responsible for informing the Project Manager and other project staff of deficiencies identified and providing appropriate documentation to describe those deficiencies. The Project Manager will verify that the review findings are addressed and changes appropriately documented. RFP — Preliminary Engineering Report — North Moab/Lions Park Water and Sewer Systems 6-7 Page 5 50 FoikSGF EN d Experience The City needs a well -qualified team to complete this PER successfully, and we have carefully selected the following key team members (with support from many other qualified staff): Travis Higbv, P.E. Project Manager Travis offers 15 years of experience in planning, designing and construction administration for multiple sewer lift stations, miles of water pipelines, and 17 water and wastewater treatment plants. Travis was the project manager working directly with the USDA in Salt Lake City to review and provide comments on 12 Preliminary Engineering Reports and Environmental Reports. He was able to develop a very efficient system of Bulletin 1780-2/3 checklists that resulted in PER/EA review turn- around times of less than two business days, and often completed them on the same day. His latest USDA project that went from PER to construction is the Heyburn, ID Wastewater Treatment Plant ($4.5M in construction). Donzil Worthington Funding & Development Coordinator Donzil is a seasoned water and wastewater professional with more than 30 years of experience working with private and governmental entities. His experience in Moab began in 1978 with his cadastral survey work for the Bureau of Land Management and has continued over the years with numerous projects for the City of Moab on various street and utility improvement projects. He has also managed many local development projects including Rim Village and White Horse PUD with Chuck Henderson and Mark Griffith, respectively. He has worked extensively with the Grand Sewer & Water Agency on various utility projects. Donzil's current workload takes him through Moab on to Salt Lake on at least a weekly basis, which will be very important in coordination with the City, local developers and any other stakeholders. In addition to his work in and around Moab, Donzil is an accomplished project funding manager with a substantial history of funding successes including over 20 years of direct experience acquiring and administering USDA-RD Grant Loan Packages. Brent "Husk" Crowther, P.E. Principal -in -Charge and QA/QC Brent Crowther has completed numerous water and wastewater design projects throughout the Western United States, many of which enjoyed USDA RD funding. While working in Arizona, Brent assumed responsibility for operations manager of the business unit in Mesa where he completed several water projects for rural communities funded with RD money including Dolan Springs, Peach Springs, Rancho del Conejo, and Saddleback Vista. More recently, Brent is currently the project manager for the Arco Water System Improvements project which is funded with RD money and served the same role on water and sewer projects for Franklin, ID; Bancroft, ID; and Paul, ID. Brent particularly enjoys developing a project from conception and introducing innovative means of project funding. Brent's background lends itself to providing quality assurance on the project design incorporating the Forsgren methods for managing quality. RFP — Preliminary Engineering Report — North Moab/Lions Park Water and Sewer Systems 6-7 Page 6 111111112111111 d Experience Jason Broome, P.E. Sewer & Lift Station Engineer Jason has 16 years experience in planning and design of water and wastewater systems including lift stations, pipelines, and treatment plants. He has been involved in all aspects of engineering of these systems, including master planning, regional feasibility studies, preliminary engineering, detailed design, construction services, and startup and operation. Jason's most recent project funded by USDA Rural Development that went from PER to construction is the Rupert, ID Phase 2 Wastewater Treatment Plant upgrade. Dave Waldron, P.E, Water & Utilities Engineer Dave offers 17 years of experience in utilities engineering and currently serves as the Civil Engineering Manager in Forsgren's Salt Lake office. He has been instrumental in the design of roads, water, wastewater, sewer and other utility systems, water tanks and other structures. His project experience includes large grading and utility projects, commercial development, K-12 schools, higher education facilities, hospitals, clinics, and residential development. In addition to his engineering qualifications he has three years of land surveying experience as an Assistant Surveyor and Party Chief. Workload: We have been fortunate enough to have maintained a good backlog of work through these difficult economic times which has allowed us to expand as a company. Donzil Worthington and Dave Waldron listed above have joined Forsgren Associates in the last six months and have a workload that will allow them to focus their energies on completing their portions of the PER. Travis Higby and Jason Broome have acted as project managers over the last four years for treatment plants (Mona, UT WWTP and Kemmerer, WY WTP, respectively) that are undergoing start up and will be substantially complete by the first of March. Although our team has stayed busy we truly look forward to completing your PER in time for USDA-RD submission deadlines. e. Project Work Schedule Below is a simplified schedule showing milestones, key tasks and meetings: ID .0 Mask Name 3 Kickoff Meeting 2 Task 1-Review Current Water and W astewater System Conditions 3 Tesk 2-Determine Future Conditions to be Met a Task 3-Assemble Possible Alternatives 5 Progress Meeting to Discuss Alternatives 6 Task 4-Analyze and Evaluate Alternatives 7 Task 5-Select Preferred Altemathe, Determine Implementation Plan a Progress Meeting to Review Alternative Selection 9 Task 6-Perform Environmental Assessment 10 3 Task 7-Assist with Funding Procurement 11 Deliver Final PER, EA Duration Start ; Finish 0 days 6 days 6 days 6 days 0 days 11 days 10 days 0 days 29 days 29 days 0 days Wed inn 2 Wed inn 2 Thu 3115112 Fri 3/23/12 Tue 4/3/12 Wed 4/4/12 Thu 4/19/12 Wed 5/2/12 Thu 5/3112 Thu 5/3/12 Tue 6/12112 Wed 317/12 Wed 31141121 Thu 3122/12 Tue 413/12il Tue 413/12' Wed 4/16'12 Wed 5/2/12 Wed 5/2/12 Tue 6/12/12 Tue 6/12112 Tue 6/12112 Feb'12 Mar'12 1Arm '12 Mav'12 Jun'12 Jul'12 F RFP — Preliminary Engineering Report — North Moab/Lions Park Water and Sewer Systems 6-7 e. Project Work Schedule Task Description Estimate of Personnel Hours L to as i dC w T to _ H exo c ii 25 = C c +2+ � L +, �_ Q N Cfa 0 ` to `dJ i t r O U Y in 2 3> v O d I- G.I m C N W ry y ''�> o -0 ,- m N 3 .i f0 W C C al •� C lb N _ o i O 0 Tts O Kickoff Meeting 8 8 8 24 Task 1- Review Current Water and Wastewa ter System Conditions 2 2 2 4 4 24 38 Task 2 - Determine Future Conditions to be Met 2 2 4 4 24 36 Task 3 - Assemble Possible Alternatives 2 2 8 8 24 44 Progress Meeting to Discuss Alternatives 8 8 8 24 Task 4 - Analyze and Evaluate Alternatives 4 4 8 8 40 24 88 Task 5 - Select Preferred Alternative, Determine Implementation Plan 4 4 8 8 24 48 Progress Meeting to Review Alternative Selection 8 2 10 Task 6 - Perform Environmental Assessment 8 4 8 8 40 68 Task 7 - Assist with Funding Procurement No additional cost; provided as a courtesy ro s'C,F, EN TITLE CODE f. Fee Schedule TITLE CODE RATE SCHEDULE 01 JANUARY 2012 Engineer V Engineer IV Engineer III Engineer II Engineer I Drafter IV Drafter III Drafter II Drafter I Clerical TITLE Managing Engineer Senior Project Manager Project Manager Project Engineer Engineer -in -Training Senior Designer Designer Project Draftsman Drafting Technician Project Assistant III HOURLY RATE* 160 145 125 105 85 85 80 70 60 55 RFP - Preliminary Engineering Report - North Moab/Lions Park Water and Sewer Systems 6-7 Page 8 This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ACEC AMERICAN COUNCIL OF ENGINEERING COMPANIES ASCE and Issued and Published Jointly by American Society of Civil Engineers C Of America T}# AK,CCIVIED GENERA CONTPACKORS OF+4WPC.. qu9lity People. Quality Prope li. *National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 7 This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner -Engineer Agreement, EJCDC E-001, 2009 Edition. Copyright © 2008 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703)684-2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.org Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 www.agc.org The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 TABLE OF CONTENTS Page ARTICLE 1 SERVICES OF ENGINEER 1 1.01 Scope 1 ARTICLE 2 — OWNER'S RESPONSIBILITIES 1 2.01 General 1 ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES 2 3.01 Commencement 2 3.02 Time for Completion 2 ARTICLE 4 — INVOICES AND PAYMENTS 2 4.01 Invoices 2 4.02 Payments 2 ARTICLE 5 — OPINIONS OF COST 3 5.01 Opinions of Probable Construction Cost 3 5.02 Designing to Construction Cost Limit 3 5.03 Opinions of Total Project Costs 3 ARTICLE 6 — GENERAL CONSIDERATIONS 4 6.01 Standards of Performance 4 6.02 Design Without Construction Phase Services 5 6.03 Use of Documents 5 6.04 Insurance 6 6.05 Suspension and Termination 7 6.06 Controlling Law 9 6.07 Successors, Assigns, and Beneficiaries 9 6.08 Dispute Resolution 9 6.09 Environmental Condition of Site 9 6.10 Indemnification and Mutual Waiver 10 6.11 Miscellaneous Provisions 11 ARTICLE 7 — DEFINITIONS 11 7.01 Defined Terms 11 ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 15 8.01 Exhibits Included 15 8.02 Total Agreement 15 8.03 Designated Representatives 15 8.04 Engineer's Certifications 16 6-8 EJCDC ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of March 8 , 2012 City of Moab (City) Forsgren Associates, Inc. (FA) ("Effective Date") between ("Owner") and ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: Preliminary Engineering Report for the North Moab/Lions Park Water and Sewer System ("Project"). Engineer's services under this Agreement are generally identified as follows: FA will prepare a Preliminary Engineering Report (PER) for water and sewer services in the north Moab area to Lions Park. The PER will be prepared in accordance with United States Department of Agriculture (USDA) Bulletins 1780-2 and 1780-3. The scope of work is based upon the Engineer's proposal titled Preliminary Engineering Report for North Moab/Lions Park Water and Sewer submitted February 10, 2012. Owner and Engineer further agree as follows: ARTICLE 1— SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 — OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 B. Owner shall pay Engineer as set forth in Exhibit C. C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. ARTICLE 4 — INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 30 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: 1. amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day; and 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions: If after the Effective Date any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 — OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, Owner must employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 ARTICLE 6 — GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner -furnished information. C. Consultants: Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.01.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Compliance with Laws and Regulations, and Policies and Procedures: 1. Engineer and Owner shall comply with applicable Laws and regulations. 2. Prior to the Effective Date, Owner provided to Engineer in writing any and all policies and procedures of Owner applicable to Engineer's performance of services under this Agreement. provided to Engineer in writing. Engineer shall comply with such policies and procedures, subject to the standard of care set forth in Paragraph 6.01.A, and to the extent compliance is not inconsistent with professional practice requirements. 3. This Agreement is based on Laws and Regulations and Owner -provided written policies and procedures as of the Effective Date. Changes after the Effective Date to these Laws and Regulations, or to Owner -provided written policies and procedures, may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, or compensation. F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 Contract Documents Committee (EJCDC C-700, 2007 Edition) unless both parties mutually agree to use other general conditions by specific reference in Exhibit J. H. Engineer shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's furnishing and performing of its work. I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not provide or have any responsibility for surety bonding or insurance -related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or Supplier, or of any of their agents or employees or of any other persons (except Engineer's own agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or clarification, of the Contract Documents, other than those made by Engineer. L. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Contract Documents, review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, review of payment applications, and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase engineering or professional services except for those services that are expressly required of Engineer in Exhibit A, Paragraph A1.05. 6.03 Use of Documents A. All Documents are instruments of service in respect to this Project, and Engineer shall retain an ownership and property interest therein (including the copyright and the right of reuse at the discretion of the Engineer) whether or not the Project is completed. Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. B. Either parry to this Agreement may rely that data or information set forth on paper (also known as hard copies) that the party receives from the other party by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one party to the other are furnished only for convenience, not reliance by the receiving parry. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. If the parties agree to other electronic transmittal procedures, such are set forth in Exhibit J. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving parry shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring party makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the Documents and subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. F. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner shall cause Engineer and its Consultants to be listed as additional insureds on any general liability Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 policies and as loss payees on any property insurance policies carried by Owner which are applicable to the Project. C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Engineer's interests in the Project. Owner shall require Contractor to cause Engineer and its Consultants to be listed as additional insureds with respect to such liability and other insurance purchased and maintained by Contractor for the Project. D. Owner and Engineer shall each deliver to the other certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and its Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds, additional insureds, or loss payees thereunder. F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and thatrenewal will not be refused, until at least 30 days prior written notice has been given to Owner and Engineer and to each other additional insured (if any) to which a certificate of insurance has been issued. G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension: 1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Engineer's performance has been substantially delayed through no fault of Engineer. B. Termination: The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination. c. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination: 1. In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. Page 8 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 6.06 Controlling Law A. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. 6.07 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: 1. Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. 6.08 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other party encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner" "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, "Limitations of Liability." B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit I, Limitations of Liability. C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or Page 10 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence: To the fullest extent permitted by law, a party's total liability to the other parry and anyone claiming by, through, or under the other party for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other party or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 6.11 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver: A parry's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 — DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following provisions: Page 11 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 1. Additional Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. 2. Agreement — This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 3. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 4. Basic Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 5. Construction Contract — The entire and integrated written agreement between Owner and Contractor concerning the Work. 6. Construction Cost — The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights -of -way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 7. Constituent of Concern — Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. 8. Consultants — Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and consultants; subcontractors; or vendors. 9. Contract Documents — Those items so designated in the Construction Contract, including the Drawings, Specifications, construction agreement, and general and supplementary conditions. Only printed or hard copies of the items listed in the Construction Contract are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. Page 12 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 10. Contractor — The entity or individual with which Owner has entered into a Construction Contract. 11. Documents — Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 12. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 13. Effective Date — The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 14. Engineer — The individual or entity named as such in this Agreement. 15. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 16. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 17. Owner — The individual or entity with which Engineer has entered into this Agreement and for which the Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 18. PCBs — Polychlorinated biphenyls. 19. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -hazardous waste and crude oils. 20. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 21. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 22. Record Drawings — Drawings depicting the completed Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. Page 13 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 23. Reimbursable Expenses — The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 24. Resident Project Representative — The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 25. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 26. Shop Drawings — All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 27. Site — Lands or areas to be indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 28. Specifications — That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 29. Subcontractor — An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 30. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 31. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 32. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights -of -way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Page 14 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 33. Work — The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. NOT INCLUDED E. Exhibit E, Notice of Acceptability of Work. NOT INCLUDED F. Exhibit F, Construction Cost Limit. NOT INCLUDED G. Exhibit G, Insurance. H. Exhibit H, Dispute Resolution. I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions. NOT INCLUDED K. Exhibit K, Amendment to Owner -Engineer Agreement. 8.02 Total Agreement: A. This Agreement, (together with the exhibits identified above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives: A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of the respective party whom the individual represents. Page 15 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 8.04 Engineer's Certifications: A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: City of Moab Forsgren Associates, Inc. By: By: Travis Higby, PE Title: Title: Project Manager Date Date March 8, 2012 Signed: Signed: Engineer License or Firm's Certificate No. State of: Utah 4775326 Address for giving notices: Address for giving notices: 217 East Center Street 370 East 500 South, Suite 200 Moab, UT 84532 Salt Lake City, UT 84111 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Rebecca Andrus, PE Travis Higby, PE Title: City Engineer Title: Project Manager Phone Number: 435.259.4941 Phone Number: 801.364.4785 Facsimile Number: Facsimile Number: 801.364.4802 E-Mail Address: Rebecca@moabcity.org E-Mail Address: thigby@forsgren.com Page 16 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 This is EXHIBIT A, consisting of 5 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 8, 2012. Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES A 1.01 Study and Report Phase A. Engineer shall: 1. Consult with Owner to define and clarify Owner's requirements for the Project and available data. 2. Advise Owner of any need for Owner to provide data or services of the types described in Exhibit B which are not part of Engineer's Basic Services. 3. Identify, consult with, and analyze requirements of governmental authorities having jurisdiction to approve the portions of the Project designed or specified by Engineer, including but not limited to mitigating measures identified in the environmental assessment. 4. Identify and evaluate alternate solutions available to Owner and, after consultation with Owner, recommend to Owner those solutions which in Engineer's judgment meet Owner's requirements for the Project. 5. Prepare a report (the "Report") which will, as appropriate, contain schematic layouts, sketches, and conceptual design criteria with appropriate exhibits to indicate the agreed -to requirements, considerations involved, and those alternate solutions available to Owner which Engineer recommends. For each recommended solution Engineer will provide the following, which will be separately itemized: opinion of probable Construction Cost; proposed allowances for contingencies; the estimated total costs of design, professional, and related services to be provided by Engineer and its Consultants; and, on the basis of information furnished by Owner, a summary of allowances for other items and services included within the definition of Total Project Costs. 6. Perform or provide the following additional Study and Report Phase tasks or deliverables: Environmental Report as defined in 7 CFR 1794 and RUS Bulletin 1794-602. 7. Furnish 5 review copies of the Report and any other deliverables to Owner within 100 calendar days of the Effective Date and review it with Owner. Within 30 calendar days of receipt, Owner shall submit to Engineer any comments regarding the Report and any other deliverables. Page 1 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 8. Revise the Report and any other deliverables in response to Owner's comments, as appropriate, and furnish 5 copies of the revised Report and any other deliverables to the Owner within 30 calendar days of receipt of Owner's comments. B. Engineer's services under the Study and Report Phase will be considered complete on the date when the revised Report and any other deliverables have been delivered to Owner. A1.02 Preliminary Design Phase — NOT USED A 1.03 Final Design Phase — NOT USED A 1.04 Bidding or Negotiating Phase — NOT USED A 1.05 Construction Phase — NOT USED A1.06 Post -Construction Phase —NOT USED PART 2 — ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner's schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Paragraph A1.01.A.4. 5. Services required as a result of Owner's providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner's use. Page 2 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified in Paragraph A 1.03.D. 10. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructibility review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 14. Providing construction surveys and staking to enable Contractor to perform its work other than as required under Paragraph A1.05.A.6, and any type of property surveys or related engineering services needed for the transfer of interests in real property; and providing other special field surveys. 15. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 16. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 17. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 18. Preparation of operation and maintenance manuals. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. Page 3 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 20. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 21. Assistance in connection with the adjusting of Project equipment and systems. 22. Assistance to Owner in training Owner's staff to operate and maintain Project equipment and systems. 23. Assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record -keeping. 24. Overtime work requiring higher than regular rates. 25. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner's Written Authorization A. Engineer shall advise Owner in advance that Engineer is will immediately commence to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. 1. Services in connection with work change directives and change orders to reflect changes requested by Owner. 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than "or -equal" items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or (6) default by Contractor. 5. Services (other than Basic Services during the Post -Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. Page 4 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 7. Services during the Construction Phase rendered after the original date for completion of the Work referred to in A1.05.B. 8. Reviewing a Shop Drawing more than three times, as a result of repeated inadequate submissions by Contractor. 9. While at the Site, compliance by Engineer and its staff with those terms of Owner's or Contractor's safety program provided to Engineer subsequent to the Effective Date that exceed those normally required of engineering personnel by federal, state, or local safety authorities for similar construction sites. Page 5 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 8, 2012. Owner's Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer's assessment of initially -available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions relating to existing surface or subsurface structures at the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. Page 1 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 E. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement as required. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. J. Place and pay for advertisement for Bids in appropriate publications. K. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructibility review. L. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. M. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. N. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, Page 2 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. O. Attend the pre -bid conference, bid opening, pre -construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment visits to the Project. P. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Q. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. R. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. S. Perform or provide the following additional services: NOT USED. Page 3 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 8, 2012. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET RUS-2: Basic Services — Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C.2.01 Compensation for Basic Services (other than Resident Project Representative Services) — Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A and as outlined in Forsgren's proposal submitted to the City dated February 10, 2012 and titled Proposal for Preliminary Engineering Report for the North Moab/Lions Gate Park Water and Sewer System, except for services of Engineer's Resident Project Representative, if any, as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Engineer's Consultant's charges, if any. 2. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendix 1. 3. The total compensation for services under paragraph C.2.01 is estimated to be $49,550 based on the following assumed distribution of compensation: a. Review Current Water and Wastewater System Conditions $7,850 b. Determine Future Conditions To Be Met $3,810 c. Assemble Alternatives $8,450 d. Analyze and Evaluate Alternatives $8,860 e. Select Preferred Alternative/Implementation Plan $7,060 f. Environmental Assessment $7,520 g. Reimburseables Not -to -Exceed Amount* $6,000 h. Assist with Funding Procurement $0 Page 1 Exhibit C —Compensation Packet RUS-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 *Reimburseables will be limited to copy reproductions, graphics, color printing, facsimiles, postage, overnight services, per diem, and mileage at the IRS standard rates (currently $0.55/mile). All reimbursables will be itemized on the Engineer's invoices and will be subject to approval by the City prior to payment. 4. Engineer may alter the distribution of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by Owner, with Agency concurrence. 5. The total estimated compensation for Engineer's services included in the breakdown by phases as noted in paragraph C.2.01.A.3 incorporates all labor, overhead, profit, Reimbursable Expenses and Engineer's Consultant's charges. 6. The amounts billed for Engineer's services under paragraph C.2.01 will be based on the cumulative hours charged to the Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultant's charges. 7. The Standard Hourly Rates and Reimbursable Expenses Schedule may be adjusted annually by Amendment to the Agreement (as of 2012) to reflect equitable changes in the compensation payable to Engineer. C.2.02 Compensation for Reimbursable Expenses. A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; obtaining bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Exhibit A, and, if authorized in advance by Owner, overtime work requiring higher than regular rates. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for computer time and the use of other highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project- related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a Factor of 1.15. External expenses are limited to sub - consultant or subcontracted services. C.2.03 Other Provisions Concerning Payment A. Whenever Engineer is entitled to compensation for the charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a Factor of 1.15. B. Factors. The external Reimbursable Expenses and Engineer's Consultant's factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs. C. Estimated Compensation Amounts Page 2 Exhibit C —Compensation Packet RUS-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 1. Engineer's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. Engineer is responsible for monitoring charges being generated under this Agreement. When estimated amounts for total compensation or individual phases of the work have been stated herein and it subsequently becomes apparent to Engineer that a compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof. Promptly thereafter Owner and Engineer shall review the matter of services remaining to be performed and compensation for such services. Owner shall either agree to such compensation exceeding said estimated amount or Owner and Engineer shall agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. Modifications to fees shall be made by Amendment. D. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost. Appendix 1 — Engineer's 2012 Title Code Rate Schedule TITLE CODE TITLE HOURLY RATE Engineer V Engineer IV Engineer III Engineer H Engineer I Drafter IV Drafter III Drafter H Drafter I Clerical Managing Engineer $160 Senior Project Manager $145 Project Manager $125 Project Engineer $105 Engineer -in -Training $85 Senior Designer $85 Designer $80 Project Draftsman $70 Drafting Technician $60 Project Assistant $55 Page 3 Exhibit C —Compensation Packet RUS-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 This is EXHIBIT G, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 8, 2012. Insurance Paragraph 6.04 of the Agreement is supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.B of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: Statutory b. Employer's Liability -- 1) Each Accident: $500,000 2) Policy Limit: $500,000 c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage): $500,000 2) General Aggregate: $1,000,000 d. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 e. Professional Liability — 1) Each Claim Made $1,000,000 2) Annual Aggregate $1,000,000 Page 1 (Exhibit G - Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 This is EXHIBIT H, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 8, 2012. Dispute Resolution Paragraph 6.08 of the Agreement is amended and supplemented to include the following agreement of the parties: H6.08 Dispute Resolution A. Mediation: Owner and Engineer agree that they shall first submit any and all unsettled claims, counterclaims, disputes, and other matters in question between them arising out of or relating to this Agreement or the breach thereof ("Disputes") to mediation by a mediator agreed upon by both parties. Owner and Engineer agree to participate in the mediation process in good faith. The process shall be conducted on a confidential basis, and shall be completed within 120 days. If such mediation is unsuccessful in resolving a Dispute, then (1) the parties may mutually agree to a dispute resolution of their choice, or (2) either party may seek to have the Dispute resolved by a court of competent jurisdiction. Page 1 (Exhibit H - Dispute Resolution) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 This is EXHIBIT I, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 8, 2012. Limitations of Liability Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties: A. Limitation of Engineer's Liability 1. Engineer's Liability Limited to Amount of Engineer's Compensation: To the fullest extent permitted by law, and notwithstanding any other provision of this Agreement, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents, employees, and Consultants, to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants shall not exceed the total compensation received by Engineer under this Agreement. 2. Exclusion of Special, Incidental, Indirect, and Consequential Damages: To the fullest extent permitted by law, and notwithstanding any other provision in the Agreement, consistent with the terms of Paragraph 6.10. the Engineer and Engineer's officers, directors, members, partners, agents, Consultants, and employees shall not be liable to Owner or anyone claiming by, through, or under Owner for any special, incidental, indirect, or consequential damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warrantyexpress or implied of Engineer or Engineer's officers, directors, members, partners, agents, employees. B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Page 1 (Exhibit I - Limitations on Liability) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 This is EXHIBIT K, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1. Background Data: a. Effective Date of Owner -Engineer Agreement: b. Owner: c. Engineer: d. Project: 2. Description of Modifications: [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] a. Engineer shall perform or furnish the following Additional Services: b. The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: c. The responsibilities of Owner are modified as follows: d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: e. The schedule for rendering services is modified as follows: f. Other portions of the Agreement (including previous amendments, if any) are modified as follows: [List other Attachments, if any] 5. Agreement Summary (Reference only) a. Original Agreement amount: $ Page 1 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8 b. Net change for prior amendments: $ c. This amendment amount: $ d. Adjusted Agreement amount: $ The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above -referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is OWNER: ENGINEER: By: By: Title: Title: Date Date Signed: Signed: Page 2 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6-8