Loading...
HomeMy Public PortalAboutPKT-CC-2012-06-26CITY OF MOAB June 26, 2012 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 83 Page 2 of 83 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, June 26, 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 1-2 1-3 1-4 April 17, 2012 April 18, 2012 May 1, 2012 May 22, 2012 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: PUBLIC HEARING (Approximately 7:15 PM) 4-1 Public Input on Proposed Resolution #10-2012 — A Resolution Amending the 2011-2012 Fiscal Year Budget SECTION 5: NEW BUSINESS 5-1 Approval of a Special Business Event License for Moab Area Chamber of Commerce to Conduct a 4t" of July Celebration in Swanny City Park 5-2 Approval of a Request for Special Use of Swanny City Park Moab Area Chamber of Commerce on July 4, 2012 5-3 Request for a Waiver of Fees by the Moab Area Chamber of Commerce 5-4 Approval of a Moved -on Structure Permit for Tyson Day to Conduct a Fireworks Stand Located at 355 South Main Street from June 27 to July 6 and July 22 to July 25, 2012 Page 3 of 83 5-5 Approval of a Class II Beer License for Zachary Bynum to Conduct a Restaurant Located at 16 South Main Street 5-6 Approval of Local Consent of a Limited -Service Restaurant Liquor License for Canyonlands Inn Incorporated Located at 16 South Main Street 5-7 Approval of Local Consent of a Beer Only Restaurant License for Canyonlands Inn Incorporated Located at 16 South Main Street 5-8 Approval of Local Consent of a Full -Service Restaurant Liquor License for Canyonlands Inn Incorporated Located at 16 South Main Street 5-9 Approval of a Peddler/Solicitor License for Coleman Chase, d.b.a. The Chill Mobile to Conduct a Beverage/Good Vending Truck 5-10 Approval of an Amendment to an Interlocal Agreement by and between the City of Moab and Grand County for the Lions Park Pathway Project 5-11 Award of the Impact Fee Study Project Proposal 5-12 Approval of the Impact Fee Professional Services Agreement By and Between the City of Moab and 5-13 Approval of Proposed Ordinance #2012-10 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials Salary 5-14 Approval of Proposed Resolution #10-2012 — A Resolution Amending the 2011-2012 Fiscal Year Budget 5-15 Approval of Proposed Resolution #12-2012 — A Resolution Extending the Time for Use of Water Impact Fees SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 4 of 83 MOAB CITY COUNCIL SPECIAL MEETING April 17, 2012 The Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 6:02 PM. In attendance were Councilmembers Kyle Bailey, Kirstin Peterson, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, Deputy Recorder Beth Joseph, Recreation Coordinator John Geiger, Planning Director Jeff Reinhart, Police Chief Mike Navarre and Community Development Director David Olsen. City Manager Metzler made a presentation regarding the Proposed Fiscal Year 2012-2013 budget. Discussion followed. Mayor Sakrison adjourned the Special Meeting at 7:45 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel E. Stenta City Recorder/Asst. City Mgr. SPECIAL MEETING & ATTENDANCE BUDGET DISCUSSION AND PRESENTATION ADJOURNMENT April 17, 2012 Page 1 of 1 Page 5 of 83 m MOAB CITY COUNCIL SPECIAL MEETING April 18, 2012 The Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 6:00 PM. In attendance were Councilmembers Kyle Bailey, Kirstin Peterson, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, Deputy Recorder Beth Joseph, Public Works Director Jeff Foster, Police Chief Mike Navarre and City Engineer Rebecca Andrus. City Manager Metzler made a presentation regarding the Proposed Fiscal Year 2012-2013 budget. Discussion followed. Mayor Sakrison adjourned the Special Meeting at 7:34 PM. APPROVED: ATTEST: David L. Sakrison Mayor Rachel E. Stenta City Recorder/Asst. City Mgr. SPECIAL MEETING & ATTENDANCE BUDGET DISCUSSION AND PRESENTATION ADJOURNMENT April 18, 2012 Page 1 of 1 Page 6 of 83 ii MOAB CITY COUNCIL SPECIAL MEETING May 1, 2012 The Moab City Council held a Special Meeting on the above date at the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Special Meeting to order at 6:00 PM. In attendance were Councilmembers Doug McElhaney, Kyle Bailey, Jeffrey Davis and Gregg Stucki. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, City Engineer Rebecca Andrus, Public Works Director Jeff Foster, Police Chief Mike Navarre and Animal Control Officer Randy Zimmerman. Councilmember Davis moved to approve a request by Geoff Thomas for an Amplified Music Event at Old City Park on May 6 and 27, 2012. Councilmember Bailey seconded the motion. The motion carried 4-0 aye. City Manager Metzler made a presentation regarding the Fiscal Year 2012-2013 proposed budget. Discussion followed. City Manager Metzler made a presentation regarding the Amended Fiscal Year 2011-2012 budget. Discussion followed. Councilmember Bailey moved to adjourn. Councilmember Davis seconded the motion. The motion carried 4-0 aye. SPECIAL MEETING & ATTENDANCE AMPLIFIED MUSIC EVENT AT OLD CITY PARK, APPROVED BUDGET DISCUSSIONS AND PRESENTATIONS MOTION TO ADJOURN, APPROVED Mayor Sakrison adjourned the Special Meeting at 8:09 PM. ADJOURNMENT APPROVED: ATTEST: David L. Sakrison Mayor Rachel E. Stenta City Recorder/Asst. City Mgr. May 1, 2012 Page 1 of 1 Page 7 of 83 ■ MOAB CITY COUNCIL REGULAR MEETING May 22, 2012 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor Pro-tem Kirstin Peterson called the Pre - Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Jeffrey Davis, Doug McElhaney and Gregg Stucki; City Treasurer Jennie Ross, City Engineer Rebecca Andrus, City Planner Jeff Reinhart, Public Works Director Jeff Foster, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Pro-tem Peterson called the Regular City Council Meeting to order at 7:00 PM and led in the Pledge of Allegiance. Thirteen (13) members of the audience and media were present. Councilmember Stucki moved to Approve the Regular Meeting Minutes of April 10, 2012. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. There were no Citizens to Be Heard. A Community Development Department Update was not given. Under Engineering Department Update, City Engineer Andrus stated that she had attended a hearing on the water rights protest, that only four of nineteen protests were heard and protestors had asked for a continuance. City Engineer Andrus then gave an update on the highway 191 project. Under Planning Department Update, Planning Director Reinhart stated that the SE Group would be recommended for the General Plan Update and then gave an overview of the next Planning Commission agenda. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster state that the Bartlett/Dogleg project was under construction and that staff had begun dam inspections. Under Presentations, Mayor Sakrison awarded Breahna Bisco the Mayor's Student Citizenship of the Month Award for April 2012 and Lexi Butterfield for May 2012 for Helen M. Knight School. Mayor Sakrison opened a public hearing at 7:17 to receive public input on Proposed Resolution #08-2012 — A Resolution Adopting the 2012- 2013 Fiscal Year Budget. City Manager Metzler made a brief presentation regarding the proposed budget. Mayor Sakrison closed the public hearing at 7:24 PM. Councilmember Davis moved to approve a Request for a Refund of Special Event License Fees by Relay for Life in an Amount Not to Exceed $80.00. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. REGULAR MEETING & ATTENDANCE CALL TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PRESENTATION PUBLIC HEARING ON PROPOSED RESOLUTION #08- 2012 OPENED PUBLIC HEARING CLOSED REFUND OF SPECIAL EVENT FEES FOR RELAY FOR LIFE, APPROVED May 22, 2012 Paw 4sea 1-4 Councilmember Bailey moved to approve a Request by Amy Herzog for an Amplified Music Event at Old City Park on May 26, 2012 with the condition that amplification stop by 9:00 PM. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve the Jones 1 Subdivision — A Petition to Vacate, Alter or Amend a Subdivision Plat for 594-598 Doc Allen Drive in the R-2 Zone. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve the HaiDust Subdivision #2 — A Petition to Vacate, Alter or Amend a Subdivision Plat for 532 Doc Allen Drive in the R-2 Zone. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve the Desert Moon Holdings Subdivision —A Petition to Vacate, Alter or Amend a Subdivision Plat at 59-65 East Center Street in the C-3 Zone. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Proposed Resolution #09-2012 —A Resolution Adopting the City of Moab Health Savings Account Plan and Summary Plan Description Documents. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to Send Proposed Ordinance #2012-10 - An Ordinance Amending The City of Moab Classified Hourly Pay Rate Schedule And Exempt And Elected Officials Salary to Public Hearing with the addition of including a section detailing the cost of medical and dental benefits as well as inclusion of the web link to Transparency Utah. Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve Assignment of Legal Claims and Agreement for Corrective Work. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve the Final Plat for the Millcreek Village Phase I Planned Unit Development (PUD) with the conditions listed in the staff memo of May 15, 2012. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve the Millcreek Village PUD Subdivision Improvements Agreement with the conditions listed in the staff memo of May 15, 2012. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to Accept a Trust Deed for the Financial Guarantee for the Millcreek Village PUD Improvements in the Amount of $277,296.75. Councilmember Davis seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Bailey moved to Accept a Trust Deed for the Financial Guarantee for the Millcreek Village PUD Improvements in the Amount of $300,000. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. AMPLIFIED MUSIC EVENT AT OLD CITY PARK, APPROVED JONES 1 SUBDIVISION, APPROVED HAIDUST SUBDIVISION #2, APPROVED DESERT MOON HOLDING SUBDIVISION, APPROVED PROPOSED RESOLUTION #09- 2012, APPROVED PROPOSED ORDINANCE#2012- 10, APPROVED ASSIGNMENT OF LEGAL CLAIMS AND AGREEMENT FOR CORRECTIVE WORK, APPROVED FINAL PLAT FOR MILLCREEK VILLAGE PHASE I PUD, APPROVED MILLCREEK VILLAGE PUD SUBDIVISION IMPROVEMENTS AGREEMENT, APPROVED TRUST DEED FOR MILLCREEK VILLAGE PUD IMPROVEMENTS, ACCEPTED TRUST DEED FOR MILLCREEK VILLAGE PUD IMPROVEMENTS, ACCEPTED May 22, 2012 Pop g 6ffes 1-4 Councilmember Bailey moved to approve a Business Associate Agreement By and Between National Benefits Services, LLC and Moab City Corporation HSA. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve a Service Agreement By and Between National Benefits Services, LLC and Moab City Corporation HSA Councilmember Davis seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve the Healthways Provider Agreement. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Administrative Report, City Manager Metzler stated that the Recorder's office had conducted successful open enrollment meetings for city employees and city benefits. City Manager Metzler then stated that she had been working on the parks alcohol policy and that the last budget workshop would be May 29 at 6:00 PM. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Mayor Pro-tem Peterson stated that she had been contacted about the Solid Waste District Board position and that Councilmember Stucki would be filling that position. Mayor Pro-tem Peterson then continued that she had been contacted by several individuals regarding the Red Rock Relay Event and that she had been contacted by a citizen regarding their frustration with a Lot Line Adjustment. City Manager Metzler stated that the individual had been offered a resolution from city staff. Councilmember McElhaney stated that he had attended a Housing Authority meeting. Mayor Pro-tem Peterson stated that she had attended a meeting with developers and city staff regarding a proposed zip line north of town. Councilmember McElhaney moved to pay the bills against the City of Moab in the amount of $92,145.79. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. The Executive Session was canceled. Councilmember Bailey moved to adjourn. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. BUSINESS ASSOCIATE AGREEMENT FOR HEALTH SAVINGS ACCOUNT, APPROVED SERVICE AGREEMENT FOR HEALTH SAVINGS ACCOUNT, APPROVED HEALTHWAYS PROVIDER AGREEMENT FOR SILVER SNEAKERS PROGRAM, APPROVED READING OF CORRESPONDENCE ADMINISTRATIVE REPORT REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS EXECUTIVE SESSION CANCELED MOTION TO ADJOURN, APPROVED Mayor Pro-tem Peterson adjourned the Regular Council Meeting at ADJOURNMENT 8:05 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder May 22, 2012 FPAe1% of §3 1-4 CITY OF MOAB PUBLIC HEARING PROPOSED RESOLUTION #10-2012 — A RESOLUTION AMENDING THE FISCAL YEAR 2011/2012 The City of Moab will hold a Public Hearing on Tuesday, June 26, 2012 at approximately 7:15 p.m. in the Council Chambers of the Moab City Offices at 217 East Center Street, Moab, Utah. The purpose of this hearing is to solicit public input on Proposed Resolution #10- 2012 — A Resolution Amending the Fiscal Year 2011/2012 Budget. 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. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, June 14 and 21, 2012. R:\Notices\2012\BUDGET FY 2011-2012year endopening.docx Page 11 of 83 4-1 RESOLUTION # 10-2012 A RESOLUTION AMENDING THE FISCAL YEAR 2011/2012 BUDGET WHEREAS, the City of Moab has proposed to amend the 2011/2012 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2011/2012 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2011/2012 Budget 1. General Fund 2. Recreation Fund 3. Capital Projects Fund Amended Amended Revenue Expenditures $ 7,412,640 $ 7,412,640 $ 472,726 $ 472,726 $ 1,133,000 $ 1,133,000 2011/2012 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND $115,007 $115,007 EXPENSES Executive — Benefits 10-413-13 $2, 203 Administrative — Benefits 10-414-13 $3,588 Recorder — Benefits 10-415-13 $1, 293 Planning — Benefits 10-418-13 $921 Engineering — Benefits 10-419-13 $1, 590 Police — Benefits 10-421-13 $13, 688 Animal Control — Benefits 10-426-13 $2, 024 Animal Shelter — Benefits 10-427-13 $800 Film Commission— Benefits 10-428-13 $618 Streets — Benefits 10-440-13 $16, 533 Sanitation —Professional and Tech 10-442-31 $19, 000 Parks — Benefits 10-451-13 $7, 653 MRAC — Salaries 10-452-10 $17, 200 MRAC — Benefits 10-452-13 $2, 896 COMMUNITY DEVELOPMENT Affordable Housing $25, 000 REVENUES Employee Medical Cafe Residual 10-36-420 $53, 055 Energy Taxes 10-31-800 $752 Refuse Collection Charges 10-34-430 $19, 000 Resolution #10-2012 Page 1 of 2 Page 12 of 83 4-1 MRAC — Memberships Aquatic and Fit 10-34-727 $17,200 Beginning Fund Balance 10-39-940 $25, 000 INTERDEPARTMENTAL TRANSFERS TRANSFERS OUT Elections $3,100 Planning $27, 420 TRANSFERS IN Narcotics Task Force $5,120 Building Inspection $3,100 Animal Control $12,500 Animal Shelter $6,100 Parks $3, 700 RECREATION FUND $6,237 $6,237 EXPENSES Recreation —Salaries $2,100 Recreation — Benefits $2, 479 MARC — Salaries $207 MARC — Benefits $1,451 REVENUES MARC—Rental Fees 23-66-271 $1,451 Recreation — Beginning Fund Balance 23-39-535 $4, 786 CAPITAL PROJECT FUND EXPENSES Aquatic Center Project 41-470-70 $26,000 $26,000 $26,000 REVENUES Claim Settlement Proceeds $26,000 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 26th day of June, A.D., 2012. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Resolution #10-2012 Page 2 of 2 Page 13 of 83 4-1 f, JC (kt o r\ . ve ea) Y) -) PA, K- TEMPORARY STRUCTURES TO BE USED IF ANY): / e n 5 / 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: PLUS (CHECK ONE): 11 TRANSIENT MO): OR 11 CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $80.00 NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: DATE(S) AND TIME(S) OF EVENT: SPONSORS ADDRESS: D.. 1-7 C c„t ,A-E, Z5o CITY: / n (itah SPONSORS DRIVER LICENSE NUMBER & SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: CIPROPRIETORSHIP EVENT SPONSORS SALES TAX ID #: v7)-h5 edn'e5da� �(A ly �l1 JO/ y ANTICIPATED # OF EVENT PARTICIPANTS: j NUMBER OF VENDORS PARTICIPATING: TYPES OF VENDORS PARTICIPATING IN EVENT: Fd0 U)e iI P/�Q �C 1 r i�s d G Y a fi- p kala rapAy EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RE TAL CHARGES, ETC.): Ei�� +a tun 1 y +h e co rn rn EVENT SPONSORS NAME: ,� G a aib Aft -a- `-�/ ► ct/ r 1 her C7f (:J�'� 6 rC � PHONE: �7`35-,251' / C l `1 I STATE: t,cr ZIP: sq 5 3 DATE OF BIRTH: j O PARTNERSHIP O CORPORATION OTHER (SPECIFY):NO:7p`C11 )- Gl/ G -3 NAME REGISTERED WITH THE STATE FOR TAX ID:plOa�J et(ea l� m& f 6� C,!)% ME(CE THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WIL BE DELAYED. INVErY ab 'i.491/4. ber i nnunC' c-KsegY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR) INVE AGRF�E TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. id 2-- Sig rt<atulb ol$ponsor Date State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARY PUBLIC �� day of 1 �reammmiabillb eEni ,IosEPn ( ry a ' Notary Pubfk stab of Utah ( �Comm. No. 606' 1 My Comm. Expk;: Aap925 8, 2015 I SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 14 of 83 ,c 5-1 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). V\if- ITIrNeed ye_se., C-Actifs -Pforn +,ke, Mafc, ATTACH ADDONAL INFOR ATION INDICATED BEI_OW: al al\ f\ , s 5 -14,e, clin -ran V.cLnd )a tY)-e. Fr orn LICENSE APPROVALS CITY STAFF ❑ APPROVED I:1 DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED 0 No 0 YES AGENDA DATE: El APPROVED In DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: W0801. Pirle 3gctuct 011$3 to via e,„•,paoa as rnma3 8 QI4A EIVQX3 rff1710:'. Page 15 of 83 12/22/0 r CITY OF OAB BUSINESS LICENSE COMPLIANCE FOR 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING; v-f.l `ST 1 ' MOAB'CITY 'CODE: n 22,0 SIGN PERMIT: -tQV) ` MOVED -ON NECESSARY: ❑ YES No REQUIRESPLANNING\f#COMMISSION APPROVAL ❑ YES No REVIEWED BY ZONING ADMINISTRATOR; DATE: (.0 ' 9 9- NAME OF APPLICANT: karrNftA) V V e/N NoNE:135 .25/— / APPLICANT'S MAILING ADDRESS: I E 5t 1 c 2g) CITY: Moab �91 ��� STATE: ��.i/j ZIP: 4 �r..72-- BUSINESS NAME: V �� � f . of ) (44-(1 ))-e Or C m rr, f c.C, i BUSINESS LOCATION: ZONE: �a , s,IP\�E�T I 1 r C ri-"�� it; � O -�''`J i � �G1 � ej k ��I,,,biw6 -s .6 Y n � cc r�L DETAILED DESCRIPTION -Pam/Li OF BUSINESS ACTIVITY: i he, r 3 co rn m r car a e ver� "Ti �. Cd'e, b t�► b n in, c� (� d P s a pa-trik-i'c d Qc-t �vr ty jahs, ood Ud vP ndofS an(i arts and cfar45; -77)f° ..e_vew di +a ke. p ictce w5winny cdy loa/f k db l/Wnlne-sday j Ally zil & , of --- v m a ie fo Y, 9:30 a, m — . (96 jam . Page 16 of 83 06/16/05 5-1 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: (tifibrirsig We l S Name of Organization and Event if appkcable: %` 104,i3 A CC % Gw>iN be f o r corn me f C� Address. a E Cenimtr StA-I 2- 0 1L LL Day Phone: I/3 5 D. 59 — 7-1 y Email: Pt' G� a heo-►� ber Q Pt nl1.v t h �T' /i Proposed Park Usage Information Which park to you intend to use? Swanny Park Other (please indicate name of park. Please indicate the prgosed dates and times of use: Proposed Start Date: r! ' 1 2- Start Time: g • pm End Time• - 0 am/C Proposed End Date: / " `i 1 2- Start Time: am/pm End Time. am/pm Please specify what areas of the park are proposed for use. PM 1.11 i a n I S o Lt,--1-1),e �� c� Ot,l� /t Wg� Sd�s a� fa{k 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: 30 d Number of spectators that you expect: goo Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: dasc,i) lAn y Inn I s once, a�a.►v, d 2 4eills Par Shad-E_ 5 Will amplification be required for your event? Yes V No Please specify any electrical needs for your event: hi�/!/ /Peed dee4f )(17 vYl Gt~ V 1 ! II Y) a,S wel) as 0�r -Fur C;,nd /17achi'ne�-Foa() V ndohAar- Please describe the parking and traffic plan for your event Location of parking, signage, traffi6c6ntrol devices, use of volunteers, etc. should be described. If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. 4/00 /U W f C� AMA 10 le- Cl os-& For otv sil of+ pax c cie ai 9: 30 a, 01 . PLEASE COPILETEgITHER SIDE Do you intend for the park to be open to the public during your event? Yes V 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: For groups over 100 people, please describe your refuse control and recycling plan: We w i 11 -e p i nci -}'rat h Ca)) 5- Ire-c cli n Ce�`eredn-fa�n�t s Con ven;eev afou-h . !ea KitrlcNMOr)r--ol al e.rhp�v nd�1p., rfCr aS /)ecess ,glease descn e your c can -up plan during and after the 6venf• p a'6J CA. in �ht r� S3 +he, 6CH5 Fodb�4Jlleann wi�if"Jc�Mani/1 � i� in 8-Acha-nccFfor--hadart1�-ifi:nk re.vtnu-eS, 5 Please describe your restroom facility plan: Other Information Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: `11s 1.5 a pad -NOT, ` f-f-,e I rarh,""pe Ve Ayr env/ CommncLisa ��r��s aK_ a- -Ft' nca- isiii-1 V nc1t -Po rdG( red F{bcLll base, 6-111-ems nrns as 1,ve,11 ascrFun � /ch se/r f ar C/is ¢ &tils R �it� $ � Te �r I P�ase specify and describe other community or city facilities that you plan to use: we Aop{�-/0 L(Si✓ J')Artc 4-zbl-< c� d Chal>r$ as we. have fr) +A t. past'. we_ os-o hope A Ft Sw; rv. w;li bt_ avail ckb4:0r --Ae p�� Have you applied for a Special Event Permit for this use. es No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes 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•/ �'i� /; /2— Office Use Only Public Works Review: Police Department Review: Administrative Review. d Park Use Fee: All�01) v2 Date Fee Paid: Date of City Council Approval. Insurance Received: Final Set up Diagram Received• Special Conditions or Requirements: Other Required Permits and Approvals Page 18 of 83 5-2 4 Swanny Park 400No/ th Street Aquatic Center Outd • or Swim it Poo . 3 Picnic Tables Covered Picnic Tables � r 6 1\ 100 50 N SCALE vile /etas 1" = 100' 1 200 FEET To Main St. One Block paoarie , chQ. L Page 19 of 83 5-2 Moab Area Chamber of Commerce 217 East Center Street, Suite #250 Moab, UT 84532 Phone: 435-259-7814 Fax: 435-259-8519 E-mail: moabchamber@frontiernet.net Website: www.moabchamber.com May 29, 2012 Dear City of Moab, The Moab Area Chamber of Commerce would like to request the use of Swanny City Park on Wednesday, July 4, 2012, for our annual 4th of July Chamber festivities. The event is planned to begin with a parade at 9:30 a.m. and have booths and children's activities and live entertainment from 10 a.m. to 2 p.m. We hope to have about 400 children participate in our event. As in the past, we would like to request the deposit for damages be waived. We appreciate this opportunity for the Moab Area Chamber of Commerce to provide a patriotic event to the Moab community. We look forward to hearing from you. Sincerely, 102/' Ka`mmy Wells Executive Director Moab Area Chamber of Commerce Page 20 of 83 5-3 j / DZvu3 17M9�ns-¢S 0.3 ; BUSINESS NAME: Dr*0as Fyle., 0 ('� Dq Fire_w0Y*BUSINESS PHONE: OWNER'S NAME MAILING ADDRESS: PROPOSED USE OF STRUCTURE: 3 ck Le_ F1're>".fcs^r k� TYPE OF STRUCTURE: ADDRESS OF PROPOSED STRUCTURE `S LOCATION ,555 _7. ck NAME OF PROPERTY OWNER (PRINT): Cr-et 0 ry K f _ee z ti I (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY 0 PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: OWNER'S PHONE: Aoccb t 5'y 5'3 2 y% 7(7? SIGNATURE OF OWNER APPROVING LOCATION OF RESTROOM FACILITIES: . Y11:2_,:z... Cs:Lir` USE OF RESTROOM FACILITIES: COMPLIES WITH MOVED -ON STRUCTURE ORDINANCE: OYES ZONE: Zoning Administrator's Signature: BUILDING PERMIT REQUIRED: ❑ YES El'40 BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL MOVED -ON STRUCTURE TERM: FROM Required inspections on back. SIGNATURE OF CITY RECORDER To 7/6/ z 7 /2 5/i 2. 7g'7 - See/6, 1 `7�7 MOVED -ON STRUCTURE FEE: 1 % STATE TAX: $375.00 3.75 $378.75 PYMT REVD CITY OF MOAB JUN 19 2012 S 84°02'W 264.7' 00 0 .• '=30' v 1 °49'46 "E 242.26' O1 0 '4 w -5? V Gt4) o I 138.31, C9.1) o o 149 93' BILLIE A. KLE TRUST 01-MUV -00 137.43' ZIG 6 125.6 , 525-.3 6 BILLIE A. KLEP ZIG TRUST 01-NI -0016 8 0 0 0 of 0'4I .11 142.77' 10 VALLQ AXA TA LLC 0 0 0 5-4 DATE PAID: 6,)/a-424 AMOUNT PAID: / 0 " RECEIPT No.: 71a3(c, CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: ❑ CLASS IV FEE: LICENSE #: $180.00 $180.00 $650.00 $80.0o $80.0o APPLICANT'S PERSONAL INFORMATION FULL NAME: Za.G\o.( t o..4e..\ BiLle1 ec• HOME PHONE;11 a© "0914\ HOME ADDRESS: o4C- CITY: %A.NOCAD gib ZIP: ��I�a SOCIAL SECURITY NUMBER: DATE OF BIRTH: DRIVER LICENSE NUMBER & STATE: BUSINESS INFORMATION BUSINESS NAME: 641.i\ on\a rcIS liNc• 'LNG BUSINESS ADDRESS: , 6 1. ♦S" BUSINESS MAILING ADDRESS:, 6 S. /0 . as CITY: ON SALES TAX ID BUSINESS PHONE: STATE:kij ZIP: 2453a WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONT' "T THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) 1. ❑ CLASS CLASS II Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. ❑ PRIVATE CLUB Same conditions as Class I and Class II Beer Licenses. ❑ CLASS III Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. ❑ CLASS IV Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in original containers, for consumption on the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. Will you also serve liquor, wine or heavy beer (over 3.2% by weight)? ❑ NO AYES (Requires `Local Consent' approved by City Council prior to State approval.) 2. List brands of beer proposed to be sold by the applicant within the City of Moab: bukdw.0 wd.., 4k+nt i DAA--- 4-Dcd-, liv`"`-ku -\\,cJe.W .6 2.e)v► 3\(\o--tDv_i Dos -7x1L6s frw►beaa , *Beer application is for 3.2% by weight only. Also requires a State license. 09/21/05 Page 23 of 83 5-5 3. Have you ever been convicted of any offense other than a minor traffic violation? No O YES (If yes, list offenses along with an explanation. Include locations and dates.) 4. The Applicant MUST provide to the City of Moab a copy of the Criminal History Report from the State of Utah if required for Class 1, II, Private Club and Class IV. Class 111 Applicants MUST contact the Moab City Police Department License Investigator as soon as possible to be fingerprinted and photographed. A background check is also required. 1• L?, . •• T..iI THE FOLLOWING INSPECTION IS REQUIRED FOR ALL APPLICATIONS EXCEPT CLASS IV. PLEASE CALL AND SCHEDULE AN APPOINTMENT. HEALTH INSPECTOR (435) 259-5602 575 Kane Creek Blvd DATE OF INSPECTION APPROVED DISAPPROVED ❑ v-/ �- d REASON: GNATURE MOAB CITY COUNCIL AGENDA DATE: In APPROVED In DISAPPROVED REASON(S): SPECIAL CONDITIONS: ■ Page 24 of 83 RETAIL BEER LICENSE APPLICATION Submit completed application and attachments to the City Treasurer for processing. The applicant represents that they possess all the qualifications of a licensee as set forth in Section 32, Chapter 4 of the Utah Code Annotated 1953 and that they will faithfully comply with and have faithfully complied with the Utah Liquor Control Act. This application is submitted to the City of Moab as an inducement for the issuance of a retailer's business beer license in accordance with Section 32, Chapter 4 of the Utah Code Annotated 1953. The undersigned applicant hereby agrees and promises that if such beer license is granted, the applicant will faithfully comply with all provisions of the Utah Liquor Control Act and regulations of the Utah Liquor control Commission adopted pursuant thereto, and the ordinances of the City of Moab, and in particular that they will faithfully comply with Section 32, Chapter 6 of the Utah Code Annotated 1953 relating to reporting and payment of excise tax, and with regulation 4 relating to advertising, regulation 4-A relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH : ss COUNTY OF GRAND Applicant's Signature 17--07<7c l E nuerN , being first duly sworn, on his/her oath deposes and says: That he/she 'is the applicant named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this 20 day of 6ETH JOSEPH Notary Public State of Utah Comm. No. 606925 My Comm. Expires Aug 8, 2015 D,og. T otary P blic Page 25 of 83 5-5 LIMITED -SERVICE RESTAURANT LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 r ii C)----- {ki-6 cub , [ ] City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a limited -service restaurant liquor license to: Business Name (DBA): 0- al lo,ndS \ In n. \qc_ ( el Vflvl CeS Applicant Entity/Business Owner: CIAMM Y1 0-AS I n h in C, Location Address: 1 ii_ S • MLl A S.- I�A (Jan) f ()V 2Y-t S Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC Local Consent (RL) 1/2012 Page 26 of 83 BEER ONLY RESTAURANT LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 Cl 6-( UOckV , [ ] City [ ] Town [ ] County Local business license authority hereby grants it consent to the issuance of a beeronlyrestaurant license to: � Business Name (DBA): e DJ/ kcuncW � n vi I vIC. iGiav-10% Applicant Entity/Business Owner: eCi.A/V ,Ty\ t Ol.JiviS 1 n h ' yl. ( . Location Address: U S K-31/4- ci-k n Si- PV)riAo . � eU S 3 0- Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC RE 1/2012 Page 27 of 83 5-7 FULL -SERVICE RESTAURANT LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 CA (4 0 �..;0 , [ ] City [ ] Town [ ] County Local business license authority hereby grants its nsent to the issuance of a full -service restaurant liquor license to: " , Business Name (DBA): � l �� 1 V1A ‘ YIL a1, U 1-1 a S Applicant Entity/Business Owner: CamAfy\k C� `yin \qc. Location Address: I U S . m Du►l S-k �0 C�40 , a Q) L.1S-2,3-- Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC Local Consent 1/2012 Page 28 of 83 5-8 DATE PAID: AMOUNT PAID: RECEIPT NO.: (Vac)» a. /62 O.o O 71 D-3 7 CITY OF MOAB PEDDLER/SOLICITOR (REQUIRES CITY COUNCIL APPROVAL —YEARLY) BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SURCHARGE: $80.00 TYPE OF BUSINESS dO6i Gruff C(, ❑ .NO CHARGE IF CURRENT CITY OR COUNTY LICENSE IS ATTACFED TOTAL FEE: LICENSE #: +so o.S BUSINESS NAME: BUSINESS ADDRESS: e krA (1 h'(o clot voc A-((-e41. T�- BUSINESS MAILING ADDRESS: 3 �-l�'(�? �j'a�'IVLDLV� G�} CRY: ere4,4(exCk E-MAIL ADDRESS: BUSINESS PHONE: STATE: C 6 970-L[zcf-5rzm ZIP: 2,14 t BUSINESS OWNER'S NAME: 0,0 (-e.41/161.,(\ arn„0."-Ja OWNER'S ADDRESS: 2jL-tt-[ 7 640)-1`714+A-41, �� ✓� OWNER'S DRIVER LICENSE NUMBER & STA OWNER'S SOCIAL SECURITY NUMBER: CITY: TYPE OF ORGANIZATIONIA,PROPRIETORSHIP 0 PARTNERSHIP 0 CORPORATION OOTHER (SPECIFY): SALES TAX ID # (ATTACH PROOF FROM UTAH TAX COMMISSION: A al � ` NAME REGISTERED WITH THE STATE FOR TAX ID: I �� � { k l IM O p t k--e._ PHONE: 9 -70' L{ Z C r.. 3 2.C6 ZIP: Name of person(s) operating under this license: C-D C>h CA_ Proposed geographic area where business is to be conducted: (k.--`p cLb (� } `� CMG. ✓L a( CO yr-1 fV' Proposed hours of operation: 1,0 G.wl — (D ,e c Type of Business: ( rGO Goods or services to be offered for sale: C c, lo_c Iti r?.f` � ' :,Ce Grer-v✓\- Sasct9 Cjn,25 HAVE YOU EVER BEEN CONVICTED OF ANYTHING OTHER THAN A TRAFFIC VIOLATION? ❑ no 0 yes (if yes, please attach explanation) THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE. THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. IT IS A CLASS 'C MISDEMEANOR TO OWN OR OPERATE A BUSINESS IN THE CITY OF MOAB WITHOUT A CURRENT BUSINESS LICENSE. UWE CC 1.7e-AA'lp _ �E4S PR1N1 NAMtlS� 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 OWNER. IANE AGREE TT E THE PROPER REPORTS THE STATE OF UTAH. UWE UNDERSTAND THAT IANE ARE SUBJECT TO A BACKGROUND CHECK PRI• O ISS ; NCE OF THI : SE. I (42/Zulte7 / 2_ State of Utah ) ) SS County of Grand ) SUBCRIBED AND SWORN to before me this ePotiday of , 2.49�0 - NOTA'. PUB-16 IC SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! MICHELLE MEFRET Notary Public State of Utah My Commission Expires on: March 07, 2015 Comm. Number: 601915 Page 29 of 83 5-9 BUSINESS NAME: BUSINESS ADDRESS: TYPE OF BUSINESS: BUSINESS PHONE: RECORDER'S OFFICE USE ONLY C7 INSPECTION(S) REQUIRED TYPE OF INSPECTION(S) REQUIRED: ATTACH ADDITIONAL INFORMATION INDICATED BELOW: i LICENSE APPROVALS BACKGROUND CHECK REQUIRED ❑ YES ❑ NO IF YES, DATE COMPLETED ❑ BACKGROUND CHECK OKAY ❑ BACKGROUND CHECK NOT OKAY SIGNATURE OF CHIEF OF POLICE Y7- - MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: CITY RECORDER ❑ APPROVED In DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER Page 30 of 83 07/01/05 5-9 CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 FOR OFFICE USE ONLY REASON FOR INSPECTIONS: INSPECTIONS REQUIRED FOR AN EXISTING MOVED -ON STRUCTURE PERMIT WITH MUTIPLE DATES THAT ARE NOT CONSECUTIVE. EFFECTIVE DATE(S): INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING A NEW SERVICE(S). INDICATE SERVICE(S): OTHER, PLEASE EXPLAIN: fL d (.-t /-/ J O / L / BUSINESS NAME: BUSINESS ADDRESS: OWNER'S NAME: Ti,\A__ 0/6 htobitQ L'1 cD C r ��,Ve_VL- V)� Hoak? k...Y‘-"SLI53(3USINESS PHONE: CO k20.04 G1,1\ e V l O- TYPE OF BUSINESS (EXPLAIN IN DETAIL): (110-Li Z-(=31Z,� C`Iv_etwv nC)t n /-ruci„ 1 21n� i n ��n Cd-�ecQ P. V �e�{� , `9re_ -'freMe_ck Aea i cse Cf c.cA.v1--x D A Ki OWNER'S PHONE THE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. BUILDING INSPECTOR (435) 259-1344/T345 125 EAST CENTER INSPECTION REQUIRED: ❑ YES ❑ NO (SIGNATUR QUIRED) IF YES, DATE OF INSPECTION APPROVED ❑ DISAPPROVED ❑ REASON: SIGNATURE FIRE INSPECTOR (435)259-5557 45 SouTH 100 T INSPECTION QUIRED: ❑ Y = ❑ NO (SIGNATURE REQUIRED) HEALTH INSPECTOR (435)259-5602 575 KANE CREEK BLVD CTION REQUIRED: YES ❑ NO (SIGNATURE REQUIRED) JUN 2 0 2012 IF YES, DATE OF INSPECTION IF YES, DATE OF INSPECTION APPR•• D ❑ DISAPPROVED ❑ REASON: SIGNATURE APPROVEDDISAPPROVED ❑ REASON: GMT RE Page 31 of 83 07/01105 5-9 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET Moan, UT 84532 PHONE: (435) 259-5129 Fax: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: IV i A MOAB CITY CODE: 14 • V1 O'O SIGN PERMIT: Fr5Qv 111) MOVED -ON NECESSARY: (71 YES No REQUIRES PLANNING COMMISSION APPROVAL ❑ YES No REVIEWED BY ZONING ADMINISTRATOR: DATE: 11 ' ao • lI)" I'--. - - - NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: 3- 4 1 s e.pLcY1,-e,,n Ln PHONE: Vo (--3r2s CITY: C(c,440 r C.t STATE: ZIP: e r t( BUSINESS NAME: t� CSA \1 (.)k_o b i 1--2 BUSINESS LOCATION: 1 191 5 (9 G C- Car - • 1 Lifvw bo ( /`�- ') ZONE: ?tack( S ley 1 U1 DETAILED DESCRIPTION OF BUSINESS ACTIVITY: Page 32 of 83 06116105 5-9 One Stop Business Registration - Utah.gov Page 1 ot 1 One Stop Online Business Registration Registration 1.?or1'i 6+,--3� To register your business please complete the following steps. Once each of the steps has a status of "Complete" or "Approved" you will be able to complete your registration by selecting "Confirm and Complete Your Registration." = Approved or Complete = Pending or Confirmation Required Status Ste Ds o Complete Yourr ReciZtrat: L i Complete Preregistration Questions Edit Complete Declare the Business Entity Edit Name the Business Pending An emailed confirmation of the name submitted has been sent to your email account Complete Describe the Business and its Activities Edit Complete Provide Business Addresses and Locations Edit Complete Define the Ownership and Management Edit Complete Electronic Signatures Edit Please Note: You will be able to continue with your business registration once your business name is approved. Business names take at least 1 business day to be approved or denied. Log out https://secure.utah.gov/osbr-userhipz/mgistrationHome 6/20/201 5-9 to operate this Food and/or Beverage Establishment THE CHILL MOBILE Business 495 Doc Allen Drive, Moab, Utah 84532 .(Mobile) WNPR )PERATOR/ACCENT Department Food Service Sanitation Regulations THIS PERMIT VALID FROM jA.NUARY 1, 20 TO DECEMBER 31, 20 October 31, 2012 , 20 Brach), C. r li MSP 1, REHS Environmental ealth Director Page 34 of 83 5-9 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE June 12, 2012 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Amendment to the Interlocal Agreement by and between the City of Moab and Grand County Pertaining to the Joint Funding of Bike Path Improvements along US-191 from 500 West to the Transit Hub This memorandum provides supporting documentation and background information for the proposed amendment to the Interlocal Agreement between the City and County for joint funding of the bike path improvements along US-191 from 500 West to the Transit Hub. Key items in this amendment are: • The City has determined that a concrete path has a lower maintenance cost than an asphalt path and will fit better with other pathways in the City such as the Mill Creek Parkway. • Because this is a direct benefit only to the City since the City is responsible for maintenance of the path, the City will contribute 100% of the local match for the additional cost of switching asphalt to concrete. • The remainder of the contributions by the City and County will remain subject to the financial arrangements made in the original interlocal agreement with the amendment to the cost sharing as described above. Background - In May of 2011, the City and County entered into an interlocal agreement to fund the bike path improvements from 500 West to the Transit Hub. The project was bid in July 2011. The bid for the path portion of the project from the low bidder factoring in the design engineering and construction management was over $184,000 higher than the project budget of $798,000. Two major items contributed to this cost overage: the Boardwalk at $171,000 and the Rail Fence at $191,000. Negotiations and design revisions to reduce costs to get them within budget were held between the City, County, UDOT, and the contractor. The boardwalk was determined to be unnecessary because the area it spanned was not a jurisdictional wetland so it was replaced with a regular trail section. Discussions to reduce the price on the rail fence failed. Since it was not required for safety, it was eliminated from the project with the understanding that it could be installed later by the City and County if desired. Later design changes by the Contractor eliminated the usefulness of a fence entirely. Because these negotiations and design changes reduced the total project cost well below the $798,000, the City decided to again pursue the option of changing the trail from asphalt to concrete. This had been discussed on several occasions even before the project was sent to bid but was tabled for a time because it was not feasible if Page 1 of 2 June 12, 2012 Page 35 of 83 5-10 it caused the project to go too far out of budget and the City had to bear 100% of the cost rather than 20% as a local match. Cost Considerations - Negotiations and design revisions brought this project back within budget and enabled this change to occur. Additional Transportation Enhancement funds not spent on this project would be returned to UDOT for use on other projects. It is a benefit to the local area to maximize the use of these funds especially in reducing future maintenance costs. The following table shows the iterations of the project and the past and the approximated current local match requirements with the concrete change. Project Milestone Total Project Overage or Total City Total County Cost Remainder Match Match Estimated Construction Cost Original Bid Cost Boardwalk Change Order Savings Rail Fence Savings' Value Engineering Cost Proposals (VECP) — Initiated by the Contractor Concrete Path Additional Cost $ 798,000 $ 982,500 ($ 121,800) ($ 191,500) ($ 25,100) $ 123,000 $0 $ 184,500 $ 65,400 $ 157,600 ($ 60,900) ($44,200)2 ($2,500) $24,600 $ 94,200 $ 186,500 ($60,900) ($44,200)2 ($2,500) Estimated Current Project Costa $ 767,100 ($ 30,900) $ 74,600 $ 78,900 1 If the rail fence had remained in the project the City and County would have been responsible for half of the bid cost of the fence because it would have been eliminated as part of the VECPs. Half of the total cost for a fence that was never to be built would have had to be matched by the Local Agencies at 20%, and the total available project funding would have been reduced by nearly $96,000. z All costs above $798,000 are covered at 100% by the Local Agencies per the Betterment Agreement. Once the project was reduced to within budget, the Local Agencies only bear 20% of the costs. a These costs are estimated based on the estimated quantities and the contractor's pricing. Actual final costs will be determined once construction is complete according to the cost sharing arrangements described in the Betterment Agreement and Interlocal Agreement. Betterment Agreement Update and Amended Interlocal Agreement - UDOT has determined that in order to properly document the changes that have occurred to the project, the Betterment Agreement should be updated. No financial agreements are being adjusted, but a narrative has been added to explain and record the changes to the project. Simultaneously with this update to the Betterment Agreement, the City and County should amend the original Interlocal Agreement so the revised terms of the cost sharing are clearly understood and agreed upon. Sincerely, Rebecca W. Andrus, PE Moab City Engineer Page 2 of 2 June 12, 2012 Page 36 of 83 5-10 AMENDMENT #1 TO INTERLOCAL AGREEMENT By and Between The City of Moab (the "City") and Grand County (the "County") PERTAINING TO THE JOINT FUNDING OF BIKE PATH IMPROVEMENTS ALONG US-191 FROM 500 WEST TO THE TRANSIT HUB RECITALS WHEREAS, the City of Moab (City) and Grand County (County) have previously entered into an agreement to jointly fund the local agency match for the bike path improvements along US-191 from 500 West to the Transit Hub; and WHEREAS, the City has determined that it will be beneficial from a life cycle cost perspective to utilize concrete as the path's surface rather than asphalt; and WHEREAS, the City has been working with UDOT and the UDOT Contractor to obtain an agreeable cost for the substitution of concrete for asphalt; and WHEREAS, the City understands that since the City is solely responsible for the maintenance of this section of bike path once it is constructed, and this change is expected to lower the City's long-term maintenance cost for the trail, which is a direct benefit for the City but not for the County. AGREEMENT 1. Definition of Terms. — Remains unchanged from the original agreement 2. Amended Financial Responsibilities a. The City will contribute fifty percent (50%) of the cost of the asphalt path including the untreated base course in accordance with the provisions of the original agreement. The City also agrees to contribute one hundred percent (100%) towards the Local Agency match for the cost of construction of the concrete path over and above the cost of the asphalt path plus the proportionate cost of the mix design as required by the UDOT contractor. Page 37 of 83 5-10 b. The County agrees to continue to contribute fifty percent (50%) of the cost of the asphalt path including the untreated base course in accordance with the provisions of the original agreement. c. All other financial responsibilities remain as stated in the original agreement. 3. Administration of Agreement The parties agree that the City Manager and the County Council Administrator/ County Council Designee will administer this agreement. 4. Ownership and Maintenance of the Pathway Improvements No change. 5. Effective Date and Duration of Agreement This agreement shall become effective immediately upon its approval by each party's governing body and by the execution of the agreement by the appropriate officials. This agreement shall amend the original Interlocal Agreement as specified above and remain in effect until the satisfaction of the obligations provided for herein. SIGNED AND DATED: ATTEST: CITY OF MOAB, UTAH By: Rachel E. Stenta, City Recorder David L. Sakrison, Mayor Date: ATTEST: GRAND COUNTY COUNCIL By: Diana Carroll, County Clerk Gene Ciarus, Council Chair Date: Page 38 of 83 5-10 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE June 18, 2012 Memo To: Honorable Mayor and Members of Council From: Rebecca W. Andrus, City Engineer Subject: Acceptance of the Proposal for an Impact Fee Study In order to keep the City's Impact Fees up to date and in compliance with applicable laws, the City of Moab sent out a request for proposals for an Impact Fee Study for wastewater treatment and water storage. On April 13, 2012, four proposals were submitted by consultants to perform the work. The proposals were evaluated by staff using qualifications based standards. 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. The proposals ranking in order of from highest to lowest are: - Horrocks Engineers - Bowen Collins & Associates, Inc. - MWH - Forsgren Associates Inc. It is my recommendation that we accept Horrocks Engineers proposal to prepare an Impact Fee Study and execute the associated contract in the amount of $24,944. Sincerely, Rebecca W. Andrus, PE Moab City Engineer Page 39 of 83 5-11 PROJECT CONTRACT PROJECT TITLE: City of Moab Impact Fee Study This CONTRACT is made this 26th day of June, 2012, by and between the CITY OF MOAB, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "Owner") and HORROCKS ENGINEERS, (hereinafter referred to as "Consultant") Owner and Consultant, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 Consultant shall complete all work as specified or indicated in the Request for Proposals (Attachment A) and the proposal submitted by Horrocks Engineers dated April 12, 2012 (Attachment B). The work is known as and is hereinafter referred to as City of Moab Impact Fee Study and is described in detail in the attached documents which contain the full scope of work and project fees. 1.02 The not -to -exceed total of all fees and expenses as set forth in the agreed upon fee schedule (Attachment C) is Twenty Four Thousand Nine Hundred and Forty -Four Dollars and No Cents, ($24,944.00). CONTRACT GENERAL TERMS AND CONDITIONS 1.1 CONTRACT The work will be conducted using a single prime Contract. The intention of the Contract is to include all labor and material, and transportation necessary for the manufacture and delivery of the material equipment specified materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be signed in triplicate by the Owner and the Consultant. The accepted proposal will be retained by the Owner for his files. 1.2 THE CONSULTANT It is understood and agreed that the Consultant has satisfied himself as to the character of equipment required under this contract and all other matters which can in any way affect his execution of this contract. No verbal agreement or conversation with any officer, representative, agent, or employee of the Owner, either before or after the execution of this contract, shall affect or modify the terms or obligations herein contained. 1.3 THE OWNER The Owner shall have general supervision of the work. The Owner shall have authority to direct the program of manufacture and delivery to insure the performance of the contract at the time required and in the manner prescribed. 1.4 ASSIGNMENT Any and all sub -consultants or sub contracts shall be listed and approved by the Owner. Consultant shall not assign or subcontract any portion of its obligations under the Contract without the prior written consent of Owner. Assignment or subconsulting shall in no way relieve the Consultant of any of its obligations under this Contract. Project Contract — City of Moab Impact Fee Study Page 1 of 7 Page 40 of 83 ■ 1.5 LAWS AND ORDINANCES The laws of the State of Utah shall govern any contract executed between the successful Consultant and Owner. Further, the place of performance and transaction of business shall be deemed to be in the County of Grand, State of Utah, and in the event of litigation, exclusive venue and place of jurisdiction shall be the State of Utah, and more specifically, the district court of Grand County, Utah. 1.6 TERMINATION, SUSPENSION OR ABANDONMENT 1.6.1.The City may terminate this agreement at any time upon seven (7) calendar days' written notice, in the event the services of the Consultant, in the sole judgment of the City, are unsatisfactory, because of the Consultant's failure to prosecute the work with diligence or within the time limit specified, in the event of the Consultant, in the sole judgment of the City, has materially breached this Contract; provided, however, that after receiving the City's written notice, Consultant shall have five working days in which to cure any such deficiency. 1.6.2.The right reserved by the City to suspend or abandon this Agreement at any time upon seven (7) calendar days written notice, in the event the Project is to be abandoned or indefinitely postponed, in the sole discretion of the City. 1.6.3.In the event of termination, suspension or abandonment, without cause, the City shall pay the Consultant for services performed according to this agreement up to the time of such termination, suspension, or abandonment. 1.6.4.AI1 work accomplished by the Consultant prior to the date of any termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City. If the City has terminated the Project without cause, and then requests to resume the Project with the Consultant after more than three (3) months from the date of termination, the Consultant's compensation shall be subject to renegotiation. 1.7 ACCEPTANCE OF SERVICES RENDERED Owner, through its designated agents and representatives, will be the sole determining judge of whether services rendered under the Contract satisfy the requirements as identified in the Contract. 1.8 INDEMNIFICATION To the fullest extent permitted by law the Consultant shall indemnify, defend and hold harmless Owner, and any subsidiary or affiliate of the Owner, and its past, present and future agents, representatives and employees from and against all claims, damages, losses ,liabilities, liens, cost, citations, penalties, fines and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the work, provided that such claim, damages, loss, liability, lien, cost citation, penalty fine or expense is caused in whole or in part by any negligent, grossly negligent, or intentional act or omission of the Consultant, any subconsultant, anyone directly or indirectly employed by any of them or anyone for whose acts of them may be liable, regardless of whether liability is imposed up such indemnified party. This indemnity obligation is intended to include the indemnification of Owner indemnified hereunder for damages apportioned to the Consultant, any subconsultant, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity, which may otherwise exist in favor of the Owner. In any and all claims against the Owner, or Project Contract — City of Moab Impact Fee Study Page 2 of 7 Page 41 of 83 any subsidiary of affiliate, or any of its past, present or future agents, representatives or employees by any employee of the Consultant, any subconsultant, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or types of damages, compensations or benefits payable by or for the Consultant, or any subconsultant, the worker's or workman's compensation acts, disability benefit acts or other employee -benefit acts. To the fullest extent by law, the Consultant shall indemnify, defend and hold harmless the Owner and any subsidiary or affiliate, and its past, present and future agents, representatives and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, directly or indirectly arising out of or based in whole or in part upon: A. The Consultant's breach of any covenant or warranty of the Agreement. B. Any damage or loss to any property caused in whole or in part by the Consultant any sub - consultant, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, except damages or loss attributable solely to acts or omissions of the Owner or its agents or employees and not attributable to the fault or negligence of the Consultant. C. The Consultant's failure to comply with any applicable law, rule or ordinance. D. The indemnity obligations of this paragraph are in addition to the indemnity obligation of the Consultant under the indemnification section. 1.9 INSURANCE The Consultant shall, at its own expense, provide for the payment of Worker's Compensation benefits to its employees employed on or in connection with the work covered by this RFP, in accordance with applicable laws. 1.9.1.The Consultant shall at its own expense, carry and maintain Comprehensive General Liability Insurance including but not limited to $1,000,000.00 per occurrence. 1.9.2.The Consultant shall at its own expense, carry and maintain Automobile Public Liability insurance with Bodily Injury and Death Limits of at least $250,000 for any one person and $500,000 for any one occurrence, and Property Damage Limit per occurrences of $250,000. Such benefits and such coverage as required herein or in any other documents to be considered a part hereof shall not be deemed to limit Consultant's liability under this Contract. 1.9.3.Consultant shall at its own expense, carry and maintain professional liability/errors and omissions insurance appropriate to Consultant's profession to a minimum coverage of $1,000,000; with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. 1.9.4.The Consultant shall likewise require its subconsultants, if any, to provide for such benefits and carry and maintain such insurance at no expense to the Owner. 1.9.5.The Consultant shall furnish Owner with a copy of certificates of insurance as evidence that policies providing the required coverage's and limits of insurance are in full force and effect. Project Contract — City of Moab Impact Fee Study Page 3 of 7 Page 42 of 83 1.9.6.Certificates of insurance for Commercial General Liability and Umbrella Liability shall be submitted within 30 days following Contract execution. 1.9.7.Certificates of insurance covering physical loss or damage to equipment and materials shall be submitted at least 30 days before the first shipment of the equipment and materials. A certificate for each of the other insurance policies shall be submitted at least 30 days prior to the expected arrival of the Consultant's personnel at the site of installation. 1.9.8.AI1 insurance coverage furnished under this Contract, with the exception of Worker's Compensation and Employer's Liability, shall include the Owner, directors, officers, agents, and employees as additional insured with respect to the activities of the Consultant and its subconsultants. Before any of the Consultant's or its subconsultant's employees shall do any work upon the Owner's premises, the Consultant shall furnish the Owner with a certificate in duplicate evidencing that such benefits have been provided and that such insurance is being carried and maintained. Such certificate or certificates shall specify the date when such benefits and insurance expire. The Consultant agrees that such benefits shall be provided and such insurance carried and maintained until after the entire work under the Contract has been accepted. The Consultant shall provide Owner at least sixty (60) days advance written notice prior to cancellation, termination or material alteration of said policies of insurance. 1.10 EQUAL EMPLOYMENT OPPORTUNITY POLICY No Consultant of goods and/or services under this RFP or any contract shall discriminate against any employee, applicant for employment, or recipient of services on the basis of race, religion, color, sex, age, disability, or national origin. 1.11 RECORD KEEPING AND AUDIT RIGHTS Any Consultant providing goods or services under any contract shall maintain accurate accounting records for all goods and services provided thereunder, and shall retain all such records for a period of at least three (3) years following termination of the Contract. Upon 48 hour notice and during normal business hours Owner, or any of its duly authorized representatives, shall have access to and the right to audit any records or other documents pertaining to the Contract. The Owner's audit rights shall extend throughout the term of the Contract and for a period of at least three (3) years thereafter. 1.12 MANAGEMENT REPORTS Upon request the Consultant should be able to summarize and concisely report pertinent information to Owner in a timely manner, throughout the duration of any contract resulting from this RFP. 1.13 FURTHER AGREEMENTS In addition to a proposal, Owner may from time to time require Consultant to execute certain additional documents or agreements, including without limitation a Contract, for the purpose of clarifying the intention of the parties with respect to providing the goods or services hereunder. Project Contract — City of Moab Impact Fee Study Page 4 of 7 Page 43 of 83 5-1; 1.14 RELATIONSHIP OF THE PARTIES In assuming and performing the obligations of any contract, Owner and any consultant shall each be acting as independent parties and neither shall be considered or represent itself as a joint venture, partner or employee of the other. 1.15 TAXES — CONSULTANT'S RESPONSIBILITY Consultant's shall be responsible for and pay all taxes which may be levied or incurred against the Consultant in connection with the performance of any services under a Contract, including taxes levied or incurred against Consultant's income, inventory, property, sales, or other taxes. 1.16 TAXES - OWNER IS EXEMPT The Owner is exempt from the payment of any federal excise or any Utah sales tax (State of Utah Sales Tax Exemption number: Q41296). Exemption certification information appears on all purchase orders issued by Owner and such taxes will not apply to Owner unless otherwise noted. The price must be net, exclusive of taxes. However, when under established trade practice any federal excise tax is included in the list price Consultant may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by Owner. 1.17 ROYALTIES AND PATENTS The Consultant shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof. 1.18 PAYMENTS These terms of payment cover payments to be made at the time of delivery of the study. Unless otherwise specifically indicated in these contract documents, the terms of payment will be NET, 30 days upon delivery and acceptance of the CFP, IFFP, and impact fee study. A five percent (5%) retainage will be withheld until final product is reviewed and accepted by the City. Invoices shall be submitted to: City of Moab Attn: Accounts Payable 217 East Center Street Moab, UT 84532 1.19 PAYMENT WITHHELD The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any estimate to such extent as may be necessary to protect the Owner from loss on account of: 1.19.1. Defective study not remedied. 1.19.2. Claims filed or reasonable evidence indicating probable filing of claims. 1.19.3. Any other violation of or failure to comply with the provisions of this contract. When the above grounds are removed payment shall be made for amounts withheld because of them. Owner reserves the right, in case of Consultant default, to procure the services from other sources while holding the defaulting Consultant responsible for any excess costs occasioned thereby. 1.20 ACCEPTANCE AND FINAL PAYMENT In a timely manner after the study has been delivered and accepted, the Owner will make a final estimate stating that the Contract has been completed and that the study has been accepted by him Project Contract — City of Moab Impact Fee Study Page 5 of 7 Page 44 of 83 ■ under the terms and conditions thereof, with qualifications, if any, as stated and the balance found to be due the Consultant according to the terms of payment shall be paid by the Owner. Prior to filing final estimate Consultant shall file with the Owner a sworn statement that all items of labor entering into the study have been paid. 1.21 CHANGE ORDERS All change orders shall be described on a Change Order Request Form, provided by the Owner, and be authorized in writing by Owner prior to proceeding with work requested. No payment shall be made to the Consultant for labor involved in correcting errors or omissions on the part of the Consultant, which result in the final proposal not in accordance with the Specifications. 1.22 NOTICES 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: OWNER: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 CONSULTANT: Rex V. Harrison, P.E. Vice President Horrocks Engineers 2162 West Grove Parkway Ste. 400 Pleasant Grove, UT 84062 Project Contract — City of Moab Impact Fee Study Page 6 of 7 Page 45 of 83 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 Consultant has signed this Contract as set forth below. OWNER: City of Moab, Utah Date: ATTEST: Rachel E. Stenta City Recorder (Seal) CONSULTANT: Horrocks Engineers By: Mayor David Sakrison Date: By: Name: Title: State of County of 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: Utah County Project Contract — City of Moab Impact Fee Study Page 7 of 7 Page 46 of 83 ■ City of Moab REQUEST FOR PROPOSALS Impact Fee Study The City of Moab is looking for an Engineering Consultant to prepare an Impact Fee Study for water storage and sewer treatment for the City of Moab. The Request for Proposals will be available on Thursday, March 22, 2012 on the Moab City website www.moabcity.org. Proposals consisting of the letter of transmittal with one (1) original and three (3) copies of the proposal must be submitted to the Moab City Recorder's Office, 217 East Center Street, Moab, UT 84532, by Friday, April 13, 2012, at 4:00 PM. Proposals received after the deadline will not be considered. For further information concerning proposal submittal, please contact the Recorder's Office at (435) 259-2683 or check our website at www.moabcity.org. A MANDATORY pre -proposal meeting will be held in the Council Chambers of the City Center at 217 E Center Street, Moab, UT 84532 on Wednesday, April 4, 2012 at 2:00 PM. The Project Manager as identified in your proposal must attend the pre -proposal meeting or the proposal will not be considered. The City of Moab reserves the right to reject any and all proposals. /s/ Rachel E. Stenta City Recorder/Assistant City Manager Published in the Times Independent, March 22 and 29, 2012 Request for Proposals — City of Moab Impact Fee Study Page 1 of 15 Page 47 of 83 5-12 City of Moab Impact Fee Study Request for Proposals INTRODUCTION AND BACKGROUND The City of Moab (City or Owner) is located in Grand County in southeastern Utah and has just over 5,000 full-time residents according to the 2010 Census. Moab is a world destination with approximately 2.5 million visitors per year. With both residents and tourism inspected to increase in the future, Moab desires to update our impact fees in order to ensure that development related growth is paid for by development. The City charges impact fees for construction of culinary water storage facilities and wastewater treatment. The wastewater treatment plant is a regional plant owned and operated by the City that also receives sewage flows from unincorporated areas of Grand County. In the future, additional sewage is anticipated to come from the Spanish Valley portion of San Juan County as well. This Request for Proposal will assist the City in selecting an experienced Consultant to conduct the activities necessary to develop an up-to-date and complete Impact Fee Facilities Plans (IFFP) and associated rate study. The IFFP and associated rate study shall satisfy the requirements of Title 11, Chapter 36 of the Utah Code "Impact Fees Act," as well as other applicable federal and state laws. The City requires a thorough study and final report that evaluates City impact fees and associated facilities for the following services: culinary water storage and sanitary sewer treatment. This study will also include review and incorporation of the previously prepared information including the Public Facilities Analysis (1996), Moab City Impact Fee Analysis (1997), Moab Culinary Water Distribution System Model Description and Analysis: Recommendations for Current and Future Improvements (2010), and draft Wastewater Facilities Master Plan (2012). These previous studies have been placed on our website for reference purposes in preparing the proposal. This report must include the method of calculation, documentation of relevant data and all other requirements of the Impact Fees Act. PRE -PROPOSAL MEETING There will be a MANDATORY Pre -proposal meeting on April 4, 2012 at 2:00 PM, in the Council Chambers of the City Center located at 217 E Center Street, Moab, Utah. The Project Manager as identified in your proposal must attend the pre -proposal meeting or the proposal will not be considered. SCOPE OF WORK The City requests that firms submit sealed proposals for providing both an up-to-date IFFP and an impact fee rate study. The IFFP and associated rate study must include the evaluation, verification, updating and application of the previous studies. The study must use a generally accepted methodology to create a decision making tool in providing direction for an effective and up-to-date IFFP and associated impact fees that meets all the requirements of the Impact Fees Act and other applicable laws. Consultant shall assist with noticing requirements to ensure that the IFFP and associated rate study meets all applicable public noticing to be considered valid. Request for Proposals — City of Moab Impact Fee Study Page 2 of 15 Page 48 of 83 El Consultant shall perform the following tasks in preparation of the IFFP and associated rate study: Task 1- Evaluate, verify, and update previous studies as necessary including level of service standard. Suggest revisions as needed to the draft Wastewater Facilities Master Plan. Note: The Consultant, in conjunction with City staff, will need to work with the engineering firm responsible for the Wastewater Facilities Master Plan in order to complete this task. Task 2- Based on the completion of Task 1, provide an Impact Fee Facilities Plan for each of the following facilities: culinary water storage and sanitary sewer treatment. The Impact Fee Facilities Plan shall: A. Establish a service standard B. Create an inventory of existing facilities C. Determine method of financing existing facilities D. Determine excess capacity E. Determine additional facilities needed at present F. Determine method of financing needed facilities Task 3- Using the Impact Fee Facilities Plan as a guide, calculate the impact fee schedule. The Impact Fee Study shall: A. Determine the proportionate share of costs directly attributable to new development B. Calculate credits for future contributions C. Calculate the maximum allowable impact fee Task 4- Review the City's current code, waiver and exemption requirements, study criteria and standards, etc. Provide comparative analysis of all legislation, fees, and practices to determine and propose the most current best practices and regional practices. Task 5- Ensure the resulting Impact Fee Facilities Plan and associated rate schedule and regulation ordinances are consistent with all applicable State and Federal laws (i.e. Title 11, Chapter 36 of the Utah Code "Impact Fees Act"). Task 6- Provide City with an IFFP that addresses the required six (6) year planning window for the impact fee calculations and a 10-year planning window for capital facilities planning (with accompanying fee increase proposals) based on current growth trends. Task 7- Prepare specific goals, objectives and policies that will integrate the recommendation from the previous sections into a plan of action. Task 8- Conduct periodic coordination meetings with City staff and designees to review progress and discuss issues. Task 9- Consultant shall attend public hearings as required and present the completed plan for adoption to the City's Administration Department, City Council and Mayor during a regularly scheduled Council Meeting. PROPOSAL FORMAT & CONTENT Proposals shall be restricted to 10 pages, excluding the cover letter and resumes of key personnel and the signed RFP. Resumes are limited to one page each. Proposals must be clear and concise. All proposals must be organized to comply with the following outline: 1- COVER LETTER. The cover letter shall indicate the Consultant's willingness to enter into an agreement with the City and shall include an introduction of the Consultant, the full name, legal status (corporation, state of incorporation, partnership, proprietorship, etc.), business address Request for Proposals — City of Moab Impact Fee Study Page 3 of 15 Page 49 of 83 ■ of the Consultant, and telephone number. The letter of transmittal shall also include the name, address, email address, telephone number, and fax number of the person to be contacted along with others who are authorized to represent the company in dealing with this RFP. Any other information not appropriately contained in the proposal itself should also be included. The cover letter must be signed in ink by a principal of the business who has the authority to commit the firm to the proposed project and is authorized to execute any subsequent contract. The name of the principal and his/her business title will be included in the signature element in either type or print. Penciled signatures or notations will not be accepted. 2- PROPOSAL SECTIONS. This section must contain a specific response in to each proposal section identified below. Section numbers in the proposal should correspond, in order, to the section numbers contained in this RFP. Failure to provide written response to items indicated in this RFP will be interpreted by Owner as an inability by the Consultant to provide the requested service. Detailed discussion should include the following: A. Consultant's and/or sub -consultants' understanding of project requirements B. Key personnel and sub -consultants who would be assigned to the project, including qualifications C. Consultant's and sub -consultants' experience with similar projects including references D. Suggested scope of services and project schedule 3- RESUMES. The Consultant must submit resumes for all key personnel limited to one page each. 4- SIGNED RFP. One copy of the RFP must be signed in ink by a principal of the business who has the authority to commit the firm to the proposed project and is authorized to execute any subsequent contract. The RFP should be bound at the end of the original proposal document. Copies of the proposals shall not contain the RFP. PROPOSAL SECTIONS 1- Executive Summary. A. An executive summary will briefly describe the Consultant's approach and clearly indicate any options that need to be highlighted or alternatives being proposed. It should also indicate any major requirements that cannot be met by Consultant. 2- Project Understanding and Approach A. Include detailed project understanding/approach based on the scope of work above and the requirements of Title 11, Chapter 36 of the Utah Code "Impact Fees Act," as well as other applicable federal and state laws. B. Identify and describe key tasks and project milestones. These must address the items included in the scope of work and match those shown in the Project Work Schedule. 3- Qualifications: A. Provide recent work history for projects of similar size and scope. B. Provide at least three references from similar recent projects and all applicable contact information, including owner and other involved parties. C. Discuss the firm's quality assurance and quality control procedures. D. Identify and provide qualifications for Subconsultant(s) (if necessary). E. Pertinent Consultant and Subconsultant(s) licensing information. 4- Experience: Request for Proposals — City of Moab Impact Fee Study Page 4 of 15 Page 50 of 83 ■ A. Clearly identify the project manager and other key team members using an organizational chart to be used by the Consultant in performance of the services described in this RFP. B. Include project related experience of key personnel. C. Include resumes of the proposed members of the team who will be committed to the project(s). Resumes must include a description of the person's qualifications, professional licensing and past experience with similar projects. For clarity and continuity of the proposal, resumes should be placed in an Appendix. D. If Subconsultant(s) are to be used for any portion of the work, identify Subconsultant(s) and include resumes. 5- Project Work Schedule: A. Include work schedule showing milestones, key tasks and meetings. B. Include an estimate of hours and personnel involved with key tasks. Include time to meet with the City Council to present the findings and for public hearings as required. C. Discussion of current workload including current project commitments for the project team and resources available for this project. 6- Fee Schedule A. Provide a current fee schedule. EVALUATION CRITERIA City of Moab will evaluate proposals based on project understanding and approach, qualifications, experience, and project work schedule. A selection committee as determined by the City will evaluate each proposal based on the individual and comparative merits of each of the proposals received and then recommend a firm for the City Council to select and award the contract. It is the responsibility of the Consultant to ensure that the proposal complies with this RFP and provides the information requested. If the Consultant fails to provide any information requested in this RFP, such failure may result in either a lowered evaluation score of the proposal or disqualification of the proposal. The evaluation criteria shall be as follows: Project Understanding and Approach (40 percent); Qualifications (25 percent); Experience (25 percent); and Project Work Schedule (10 percent). EVALUATION PROCESS All proposals in response to this RFP will be evaluated in a manner consistent with City of Moab and State of Utah procurement code and all applicable rules and policies. In the initial phase of the proposal evaluation process, the evaluation committee will review all proposals timely received. First, non -responsive proposals (those not conforming to RFP requirements including those submitted without a project manager attending the pre -proposal meeting) will be eliminated. Second, the remaining proposals will be evaluated in a cursory manner to eliminate from further consideration those proposals which in the judgment of the evaluation committee fail to offer sufficient and substantive provisions to warrant further consideration. Each Consultant bears sole responsibility for the items included, or not included, in the response submitted by that Consultant. City reserves the right to disqualify any proposal that includes significant deviations or exceptions to the terms, conditions and/or specifications in this RFP. At the conclusion of this initial evaluation phase, selected proposals will be chosen for detailed review and evaluation, including oral presentations if desired. Request for Proposals — City of Moab Impact Fee Study Page 5 of 15 Page 51 of 83 ORAL PRESENTATION If the evaluation fails to yield a clear choice for Consultant, City may require an oral presentation by Consultant to supplement a written proposal. These presentations will be scheduled, if required, after proposals are received and prior to the award of the contract. AWARD OF THE CONTRACT Upon completion of the evaluation process, Owner may negotiate with and award the contract to the Consultant whose proposal is determined to be most advantageous to the Owner. The contract must be executed by the parties prior to commencement of performance. The contract will incorporate the provisions of this RFP (including any addenda) and the general terms and conditions described in herein. By submitting a signed proposal, Consultant is agreeing to the provisions of the contract described herein. INQUIRIES All inquiries relating to the proposal procedure should be submitted in writing via email to Rebecca Andrus, City Engineer, at rebecca@moabcity.org. Answers will be distributed in an addendum if necessary. Do not directly contact City officers or employees. LICENSING All applicable federal, state, and local licenses must be acquired before the contract is entered into. Licenses must be maintained throughout the entire contract period. Persons doing business as an Individual, Association, Partnership, Corporation, or otherwise shall be registered with the Utah State Division of Corporations and Commercial Code. NOTE: Forms and information on registration may be obtained by calling (801) 530-4849 or toll free at 877-526-3994, or by accessing: www.commerce.utah.gov. PUBLIC DOMAIN Consultants are advised that Utah law provides that, upon full execution of a contract subsequent to an RFP, the contents of the awarded proposal accepted by the City shall be subject to public disclosure and may become public records subject to examination by any interested parties in accordance to the Government Records Access Management Act (GRAMA), UTAH CODE ANN. § 63G-2-101 to 901(2009), et seq. In rare instances, trade secrets and proprietary information, recognized by the City as such, may be protected from public disclosure if the Consultant submits a document with their proposal which clearly identifies a part of their proposals that they claim to be proprietary information, trade secrets, individual or non -individual financial information that may be protected under GRAMA. The document must contain a justification for the claim. Proposals in total will not be considered proprietary. All materials submitted by Consultants in response to the City's RFP will become the property of the City upon delivery and will be managed in accordance with GRAMA. CONSULTANT'S RESPONSIBILITY FOR PROPOSAL COSTS All costs associated with the preparation of the proposal, as well as any other related materials and delivery will be borne by the Consultant. All proposals become the property of the City. The City will not be responsible for said costs in any event, including but not limited to, termination of the project in Request for Proposals — City of Moab Impact Fee Study Page 6 of 15 Page 52 of 83 whole or in part, rejection of a proposal as non -responsive, or rejection of a proposal as non - responsible. CHANGES OR MODIFICATIONS Any changes or modification to the Request for Proposals will be accomplished in writing by addendum. Consultants submitting a proposal based on any information other than that contained in the City's RFP and applicable addendum so at their own risk. RECEIVING PROPOSALS The City Recorder's office will administer receipt of all proposals and opening of the same. Proposals will be held, unopened, by the Recorder's office in the same condition as received if delivered prior to the date and closing time designated in the RFP. After the closing time, only the identity of each Consultant and acknowledgement of attendance of the pre -proposal meeting will be made public. If only one proposal is received in response to the City request, the selection committee may recommend an award of a contract to the single Consultant if the conditions cited above are met. Alternatively, if time permits, the City may re -solicit for the purpose of obtaining additional proposals. Consultants are advised that no services will be provided until a written contract is signed by all parties. The City reserves the right to reject any and all proposals. MODIFYING OR WITHDRAWING PROPOSALS Consultants may modify or withdraw their proposals at any time prior to the closing time. The City requests that any desire to retrieve a proposal for the purpose of withdrawing or to modify a proposal must be submitted in a written request to the Recorder's office. RIGHT TO REJECT City reserves the right to reject any or all proposals and to waive any informality or technicality in any proposal in the interest of City. ANTI -COLLUSION The submission of a proposal constitutes agreement that the Contractor has not divulged its proposal to, or colluded with, any other Consultant or party to a proposal what -so -ever. EEO REQUIREMENTS Respondent, by submission of a proposal, agrees to not discriminate against any worker, employee, application subconsultant or any member of the public because of race, color, gender, age, national origin, or disability, or otherwise commit an unfair employment practice. Respondent further agrees to comply with all Federal, State, and Local equal employment opportunity requirements. FINANCIAL REQUIREMENTS Prior to negotiating an agreement, the selected Consultant and their subconsultants will be required to submit certified hourly rates and their last years' financial information and overhead schedule in accordance with the Federal Acquisition Regulations (FARs) and the most recent version of the AASHTO Audit Guide. Request for Proposals — City of Moab Impact Fee Study Page 7 of 15 Page 53 of 83 no AMBIGUITY, CONFLICT, OR OTHER ERRORS IN THE RFP If a Consultant discovers any ambiguity, conflict, discrepancy, omission, or other error in the RFP, Consultant shall immediately notify City of Moab of such error in writing and request modification or clarification of the document. The City will make modifications by issuing a written revision and will give written notice to all parties who have received this RFP from the City. The Consultant is responsible for clarifying any ambiguity, conflict, discrepancy, omission, or other error in the RFP prior to submitting the proposal or it shall be waived. INSURANCE REQUIREMENTS Prior to the commencement of performance, the successful firm / joint venture shall furnish to the City of Moab a certificate of insurance for workers' compensation (showing statutory and state required coverages) and professional liability, (errors and omissions) with limits of not less than $1,000,000. Sign this RFP below and submit entire document with proposal. Name of Firm: Signed: Date: Printed Name: Title: Addendum Received: By signing this RFP, Consultant certifies that it does not and will not, during the performance of this contract, knowingly employ or subcontract with any entity which employs workers in violation of 8 U.S.C. §1324a. Consultant agrees to produce, at the City's request, such documents which are required to verify compliance with applicable federal and state laws. If the Consultant knowingly employs workers in violation of 8 U.S.C. §1324a, such violation shall be cause for unilateral cancellation of the contract between Consultant and the City. In the event this contract is terminated due to violation of 8 U.S.C. §1324a by the Consultant or by a subconsultant of the Consultant, the Consultant shall be liable for any and all costs associated with such termination including, but not limited to, any damages incurred by the City, as well as attorney's fees. Request for Proposals — City of Moab Impact Fee Study Page 8 of 15 Page 54 of 83 CONTRACT GENERAL TERMS AND CONDITIONS 1.1 CONTRACT The work will be conducted using a single prime Contract. The intention of the Contract is to include all labor and material, and transportation necessary for the manufacture and delivery of the material equipment specified materials or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. The Contract shall be signed in triplicate by the Owner and the Consultant. The accepted proposal will be retained by the Owner for his files. 1.2 THE CONSULTANT It is understood and agreed that the Consultant has satisfied himself as to the character of equipment required under this contract and all other matters which can in any way affect his execution of this contract. No verbal agreement or conversation with any officer, representative, agent, or employee of the Owner, either before or after the execution of this contract, shall affect or modify the terms or obligations herein contained. 1.3 THE OWNER The Owner shall have general supervision of the work. The Owner shall have authority to direct the program of manufacture and delivery to insure the performance of the contract at the time required and in the manner prescribed. 1.4 ASSIGNMENT Any and all sub -consultants or sub contracts shall be listed and approved by the Owner. Consultant shall not assign or subcontract any portion of its obligations under the Contract without the prior written consent of Owner. Assignment or subconsulting shall in no way relieve the Consultant of any of its obligations under this Contract. 1.5 LAWS AND ORDINANCES The laws of the State of Utah shall govern any contract executed between the successful Consultant and Owner. Further, the place of performance and transaction of business shall be deemed to be in the County of Grand, State of Utah, and in the event of litigation, exclusive venue and place of jurisdiction shall be the State of Utah, and more specifically, the district court of Grand County, Utah. 1.6 TERMINATION, SUSPENSION OR ABANDONMENT 1.6.1.The City may terminate this agreement at any time upon seven (7) calendar days' written notice, in the event the services of the Consultant, in the sole judgment of the City, are unsatisfactory, because of the Consultant's failure to prosecute the work with diligence or within the time limit specified, in the event of the Consultant, in the sole judgment of the City, has materially breached this Contract; provided, however, that after receiving the City's written notice, Consultant shall have five working days in which to cure any such deficiency. Request for Proposals — City of Moab Impact Fee Study Page 9 of 15 Page 55 of 83 5-12 1.6.2.The right reserved by the City to suspend or abandon this Agreement at any time upon seven (7) calendar days written notice, in the event the Project is to be abandoned or indefinitely postponed, in the sole discretion of the City. 1.6.3.In the event of termination, suspension or abandonment, without cause, the City shall pay the Consultant for services performed according to this agreement up to the time of such termination, suspension, or abandonment. 1.6.4.All work accomplished by the Consultant prior to the date of any termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City. If the City has terminated the Project without cause, and then requests to resume the Project with the Consultant after more than three (3) months from the date of termination, the Consultant's compensation shall be subject to renegotiation. 1.7 ACCEPTANCE OF SERVICES RENDERED Owner, through its designated agents and representatives, will be the sole determining judge of whether services rendered under the Contract satisfy the requirements as identified in the Contract. 1.8 INDEMNIFICATION To the fullest extent permitted by law the Consultant shall indemnify, defend and hold harmless Owner, and any subsidiary or affiliate of the Owner, and its past, present and future agents, representatives and employees from and against all claims, damages, losses ,liabilities, liens, cost, citations, penalties, fines and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of the work, provided that such claim, damages, loss, liability, lien, cost citation, penalty fine or expense is caused in whole or in part by any negligent, grossly negligent, or intentional act or omission of the Consultant, any subconsultant, anyone directly or indirectly employed by any of them or anyone for whose acts of them may be liable, regardless of whether liability is imposed up such indemnified party. This indemnity obligation is intended to include the indemnification of Owner indemnified hereunder for damages apportioned to the Consultant, any subconsultant, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity, which may otherwise exist in favor of the Owner. In any and all claims against the Owner, or any subsidiary of affiliate, or any of its past, present or future agents, representatives or employees by any employee of the Consultant, any subconsultant, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in any way by any limitation on the amount or types of damages, compensations or benefits payable by or for the Consultant, or any subconsultant, the worker's or workman's compensation acts, disability benefit acts or other employee -benefit acts. To the fullest extent by law, the Consultant shall indemnify, defend and hold harmless the Owner and any subsidiary or affiliate, and its past, present and future agents, representatives and employees from and against all claims, damages, losses and expenses, including but not limited to attorney's fees, directly or indirectly arising out of or based in whole or in part upon: A. The Consultant's breach of any covenant or warranty of the Agreement. Request for Proposals — City of Moab Impact Fee Study Page 10 of 15 Page 56 of 83 5 12 B. Any damage or loss to any property caused in whole or in part by the Consultant any sub - consultant, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, except damages or loss attributable solely to acts or omissions of the Owner or its agents or employees and not attributable to the fault or negligence of the Consultant. C. The Consultant's failure to comply with any applicable law, rule or ordinance. D. The indemnity obligations of this paragraph are in addition to the indemnity obligation of the Consultant under the indemnification section. 1.9 INSURANCE The Consultant shall, at its own expense, provide for the payment of Worker's Compensation benefits to its employees employed on or in connection with the work covered by this RFP, in accordance with applicable laws. 1.9.1.The Consultant shall at its own expense, carry and maintain Comprehensive General Liability Insurance including but not limited to $1,000,000.00 per occurrence. 1.9.2.The Consultant shall at its own expense, carry and maintain Automobile Public Liability insurance with Bodily Injury and Death Limits of at least $250,000 for any one person and $500,000 for any one occurrence, and Property Damage Limit per occurrences of $250,000. Such benefits and such coverage as required herein or in any other documents to be considered a part hereof shall not be deemed to limit Consultant's liability under this Contract. 1.9.3.Consultant shall at its own expense, carry and maintain professional liability/errors and omissions insurance appropriate to Consultant's profession to a minimum coverage of $1,000,000; with neither Consultant nor listed subconsultants having less than $500,000 individually. The professional liability/errors and omissions insurance must be project specific with at least a one year extended reporting period, or longer upon request. 1.9.4.The Consultant shall likewise require its subconsultants, if any, to provide for such benefits and carry and maintain such insurance at no expense to the Owner. 1.9.5.The Consultant shall furnish Owner with a copy of certificates of insurance as evidence that policies providing the required coverage's and limits of insurance are in full force and effect. 1.9.6.Certificates of insurance for Commercial General Liability and Umbrella Liability shall be submitted within 30 days following Contract execution. 1.9.7.Certificates of insurance covering physical loss or damage to equipment and materials shall be submitted at least 30 days before the first shipment of the equipment and materials. A certificate for each of the other insurance policies shall be submitted at least 30 days prior to the expected arrival of the Consultant's personnel at the site of installation. 1.9.8.All insurance coverage furnished under this Contract, with the exception of Worker's Compensation and Employer's Liability, shall include the Owner, directors, officers, agents, and employees as additional insured with respect to the activities of the Consultant and its subconsultants. Request for Proposals — City of Moab Impact Fee Study Page 11 of 15 Page 57 of 83 5-12 Before any of the Consultant's or its subconsultant's employees shall do any work upon the Owner's premises, the Consultant shall furnish the Owner with a certificate in duplicate evidencing that such benefits have been provided and that such insurance is being carried and maintained. Such certificate or certificates shall specify the date when such benefits and insurance expire. The Consultant agrees that such benefits shall be provided and such insurance carried and maintained until after the entire work under the Contract has been accepted. The Consultant shall provide Owner at least sixty (60) days advance written notice prior to cancellation, termination or material alteration of said policies of insurance. 1.10 EQUAL EMPLOYMENT OPPORTUNITY POLICY No Consultant of goods and/or services under this RFP or any contract shall discriminate against any employee, applicant for employment, or recipient of services on the basis of race, religion, color, sex, age, disability, or national origin. 1.11 RECORD KEEPING AND AUDIT RIGHTS Any Consultant providing goods or services under any contract shall maintain accurate accounting records for all goods and services provided thereunder, and shall retain all such records for a period of at least three (3) years following termination of the Contract. Upon 48 hour notice and during normal business hours Owner, or any of its duly authorized representatives, shall have access to and the right to audit any records or other documents pertaining to the Contract. The Owner's audit rights shall extend throughout the term of the Contract and for a period of at least three (3) years thereafter. 1.12 MANAGEMENT REPORTS Upon request the Consultant should be able to summarize and concisely report pertinent information to Owner in a timely manner, throughout the duration of any contract resulting from this RFP. 1.13 FURTHER AGREEMENTS In addition to a proposal, Owner may from time to time require Consultant to execute certain additional documents or agreements, including without limitation a Contract, for the purpose of clarifying the intention of the parties with respect to providing the goods or services hereunder. 1.14 RELATIONSHIP OF THE PARTIES In assuming and performing the obligations of any contract, Owner and any consultant shall each be acting as independent parties and neither shall be considered or represent itself as a joint venture, partner or employee of the other. 1.15 TAXES — CONSULTANT'S RESPONSIBILITY Consultant's shall be responsible for and pay all taxes which may be levied or incurred against the Consultant in connection with the performance of any services under a Contract, including taxes levied or incurred against Consultant's income, inventory, property, sales, or other taxes. 1.16 TAXES - OWNER IS EXEMPT The Owner is exempt from the payment of any federal excise or any Utah sales tax (State of Utah Sales Tax Exemption number: Q41296). Exemption certification information appears on all purchase orders issued by Owner and such taxes will not apply to Owner unless otherwise noted. The price must be net, exclusive of taxes. However, when under established trade practice any federal excise tax is included in Request for Proposals — City of Moab Impact Fee Study Page 12 of 15 Page 58 of 83 5-12 the list price Consultant may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by Owner. 1.17 ROYALTIES AND PATENTS The Consultant shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof. 1.18 PAYMENTS These terms of payment cover payments to be made at the time of delivery of the study. Unless otherwise specifically indicated in these contract documents, the terms of payment will be NET, 30 days upon delivery and acceptance of the CFP, IFFP, and impact fee study. A five percent (5%) retainage will be withheld until final product is reviewed and accepted by the City. Invoices shall be submitted to: City of Moab Attn: Accounts Payable 217 East Center Street Moab, UT 84532 1.19 PAYMENT WITHHELD The Owner may withhold or, on account of subsequently discovered evidence, nullify the whole or part of any estimate to such extent as may be necessary to protect the Owner from loss on account of: 1.19.1. Defective study not remedied. 1.19.2. Claims filed or reasonable evidence indicating probable filing of claims. 1.19.3. Any other violation of or failure to comply with the provisions of this contract. When the above grounds are removed payment shall be made for amounts withheld because of them. Owner reserves the right, in case of Consultant default, to procure the services from other sources while holding the defaulting Consultant responsible for any excess costs occasioned thereby. 1.20 ACCEPTANCE AND FINAL PAYMENT In a timely manner after the study has been delivered and accepted, the Owner will make a final estimate stating that the Contract has been completed and that the study has been accepted by him under the terms and conditions thereof, with qualifications, if any, as stated and the balance found to be due the Consultant according to the terms of payment shall be paid by the Owner . Prior to filing final estimate Consultant shall file with the Owner a sworn statement that all items of labor entering into the study have been paid. 1.21 CHANGE ORDERS All change orders shall be described on a Change Order Request Form, provided by the Owner, and be authorized in writing by Owner prior to proceeding with work requested. No payment shall be made to the Consultant for labor involved in correcting errors or omissions on the part of the Consultant, which result in the final proposal not in accordance with the Specifications. 1.22 NOTICES Request for Proposals — City of Moab Impact Fee Study Page 13 of 15 Page 59 of 83 5-12 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: OWNER: City Recorder City of Moab 217 East Center Street Moab, Utah 84532-2534 CONSULTANT: 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. City of Moab, Utah Date: By: Mayor David Sakrison ATTEST: Rachel E. Stenta City Recorder (Seal) Request for Proposals — City of Moab Impact Fee Study Page 14 of 15 Page 60 of 83 ■ CONSULTANT: Date: By: Title State of County of On the Title: ) § ) 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 Request for Proposals — City of Moab Impact Fee Study Page 15 of 15 Page 61 of 83 5-12 2162 West Grove Parkway Ste 400 Pleasant Grove, Utah 84062 www.horrocks.com April 12, 2012 Rachel E. Stenta City Recorder 217 East Center Street Moab, Utah 84532 HORROCKS II�II ENGINEERS Tel: 801.763.5100 Salt Lake line: 801.532.1545 Fax: 801.763.5101 In state toll free: 800.662.1644 Subject: Proposal to Provide Engineering Services for the City of Moab Impact Fee Study Dear To Whom It May Concern, Horrocks Engineers is pleased to submit this proposal to provide engineering services for the preparation of both an Impact Fee Facilities Plan and an Impact Fee Analysis for the City of Moab. We are excited about the opportunity to work with Moab. We provide the experience and expertise that Moab requires to successfully prepare an IFFP/IFA that will be a useful tool to the City now and in the future. In preparation for submitting this proposal, we have read the RFP, attended the pre -proposal meeting and reviewed all of the applicable documents. We understand what is expected to successfully complete the project and we intend to comply with all of the requirements set forth in the RFP and intend to enter into an agreement with the City to memorialize them. Horrocks Engineers, Inc. is a corporation licensed in the State of Utah. General location and contact information is contained in the header above. Key Contacts for this project: Rex Harrison is the Executive Vice President of Horrocks Engineers. He is located in the main office identified above. He is authorized to commit Horrocks to the terms of the contract on behalf of the company. His contact information is as follows: Email: rex@horrocks.com Phone: (801) 763-5113 Fax: (801) 763-5101 In the event that Rex is not available, please contact our project manager, David Dillman (Principal) at (801) 763-5142 or our project engineer, Brent Ventura (Principal) - (801) 763-5168. Horrocks provides Moab with over 40 years of experience providing master planning for growing communities. We are intimately familiar with the Moab/Grand County area. We look forward to assisting the City in preparing a meaningful and defensible document, appropriate for the City's goals. We are prepared to begin work immediately. Let me know if you need any further information. Sincerely, HORROCKS ENGINEERS Rex V. Harrison, P.E. Vice President Page 62 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY 1- EXECUTIVE SUMMARY .111 Horrocks Engineers is a Utah corporation with approximately 230 employs and 6 offices. Our staff includes experts in nearly every field of civil engineering. We are licensed in Utah and prepared to perform work immediately for Moab City. Our team is highly qualified to prepare a Capital Facilities Plan (CFP), Impact Fee Facilities Plan (IFFP) and Impact Fee Analysis (IFA) for both culinary water storage and sanity sewer as requested in the RFP. We understand that Moab City would like to prepare an IFFP and IFA for each element that complies with current state law. In order to do so, we propose a work plan for each element that includes utilizing City resources to provide all of the necessary data and population projections while our team analyzes the data, prepares future needs projections and coordinates with City staff to create an updated impact fee schedule. More precisely, our work plan for this project includes updating the culinary water storage needs plan while using the newly updated sanitary sewer capital facilities plan to help prepare a current IFFP. Finally, we propose to prepare a finall document for each element that is a collection of all the master planned elements and financial analysis referred to as the Moab Impact Fee Facilities Plan. We anticipate meeting regularly with staff and stakeholders for coordination on the project. We also anticipate including review comments at multiple points throughout the process. We have extensive experience in preparing master plans, capital facilities plans and impact fee analyses during this highly volatile economic time. Our experience has been useful to many communities in helping them navigate the process of planning for future development as the economy recovers. Three very similar projects that we have performed recently include the Salem City Impact Fee Facilities Plan and Impact Fee Analysis, the Bluffdale City Impact Fee Facilities Plan and Impact Fee Analysis, and the Eagle Mountain Capital Facilities and Impact Fee Plan. Our project team is comprised of experts in impact fee, culinary water and sanitary sewer planning. Our project manager is David Dillman. He is assisted by highly experienced project engineer, Brent Ventura. He will coordinate the efforts of our project team. Our team has worked together in the past and has an excellent and synergistic relationship. We have combined experience of dozens of community planning and impact fee projects in the past 5 years. This will provide Moab City with the most value for each dollar spent. The proposed schedule for the project anticipates beginning in early May 2012 and completing engineering by late July 2012. 2- PROJECT UNDERSTANDING AND APPROACH INTRODUCTION Horrocks Engineers has selected a highly qualified team of engineers and support staff to assist Moab in planning their future capital facilities and recommending impact fees that will prepare the city for future development. Our team is qualified to provide services in both culinary water and wastewater systems as required by the City. Our 40+ years of facilities planning experience have helped us to prepare a detailed work plan in response to the City's needs. The following proposal outlines our Approach, Qualifications, Experience and Proposed Schedule for accomplishing the necessary tasks to successfully complete the project. We have also attached approximated hours and a fee schedule as requested. PROJECT UNDERSTANDING We understand that Moab City recognizes the need for improved infrastructure in the future due to new development. In order to meet those needs, good planning requires that Moab look ahead and plan the funding elements that can be utilized to construct the needed future facilities. City staff has identified two areas, wastewater and water storage that may qualify for impact fee funding. As such, the City has undertaken this project to identify eligible projects and to analyze their eligibility for inclusion in an Impact Fee Facilities Plan. Existing materials that the City has that will be used to assist in the project are the soon to be completed wastewater capital facilities plan (CFP) and two previously completed water system studies which present different forecasts of the future needs of the City's culinary system. As such, the wastewater CFP can be utilized to quickly and easily create an Impact Fee Facilities Plan (IFFP). However, since the previous water system studies are fairly old and provide different information, the selected consultant must work closely with staff, providing analysis and recommendations, to identify future water storage needs before an IFFP can be prepared. Upon completion of the IFFP's an Impact Fee Analysis can be performed to calculate the legal limit of impact fees that the City can charge as new development occurs in the future. HORROCKS ENGINEERS 1 Page 63 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY PROPOSED APPROACH Our experience has provided us with the knowledge to recommend a sound work plan for the creation of the Moab Impact Fee Facilities Plan and Analysis. Therefore, we propose the following detailed plan. Task 1 General 1.1 Project Administration — This task includes all administrative tasks to complete the culinary water portion of the project including accounting, scheduling, coordination amongst team members, and contract administration. 1.2 Demographics — Review demographics used in the wastewater treatment capital facilities plan with City staff. We recommend that the same demographics and growth projections be used for all studies. Therefore, we think it is necessary to review the growth projections already being utilized and reach a comfort level with City Staff that these projections are approved for use on this project as well. 1.3 Data Collection — We will gather all of the necessary data to begin work on the project including master plans, models, land use/zoning plans, previous impact fee calculations, City standards, ordinances, new developments and any other data that will affect future planning. Our fee estimate for this item assumes that all applicable data such as existing infrastructure inventory, CAD models and previous reports will be provided by the Moab City Engineering Department 1.4 Assist with Noticing — This task is not expensive or time consuming. However, it can be confusing. The latest version of Title 11-36a has very specific noticing requirements that must be met. One of them deals with noticing the intent to prepare or amend an IFFP. The City attorney should weigh in on this particular noticing requirement before the project officially begins. 1.5 Assist Moab In Updating Ordinances and Fees — If Moab does not implement the study upon its completion, an opportunity has been lost. We will assist City staff, administration and elected official in understanding current impact fee practices. We will recommend updates to city codes, ordinances and studies to best implement the newly prepared impact fee study. 1.6 Progress Meetings — Meet periodically with city staff and administration as desired by the City to discuss progress, project details, draft review comments and present deliverables. 1.7 Attend Public Meetings — We recognize the need to educate elected officials about not only the impact fee preparation process, but also the details of the plan and analysis. Our staff members are adept at assisting laymen understand technical principles. We will attend public meetings as requested by City staff to assist in presenting project information. 1.8 QC/QA — Prior to submitting the final document, we will submit our documents for internal Quality Control. During this process, independent reviewers from applicable departments will evaluate the document for accuracy, defensibility, and even grammar. Comments will be addressed in-house before the document is submitted to the City for implementation. Task 2 Culinary Water Storage 2.1 Define Level of Service (LOS) — In this instance, LOS is defined by state requirements. We will apply the appropriate storage requirements to Moab's current population to determine if the required LOS is being met. 2.2 Prepare Existing Facilities Inventory — Work with City staff to identify all culinary water storage facilities. 2.3 Evaluate Future Needs — Utilizing past studies as a beginning point, we will work together with City staff to identify the City's realistic future needs, based upon current zoning and land use plans, as well as the areas water use history and state requirements. 2.4 Identify Existing Deficiencies/Excess Capacities - We will utilize the existing model to identify how much storage the City should be currently providing. This will define current storage deficiencies that must be remedied to bring the current level of service up to standards. It will also identify any addition storage capacity that currently exists. 2.5 Identify Proposed Improvements — We will work with City staff to identify projects that the City will construct in the future to meet the future needs identified in the Task 2.1. Analyze funding alternatives for each future project. 2.6 Prepare Impact Fee Facilities Plan — Based upon requirements defined in the Utah State Code, Title 11-36a, we will prepare a six year plan of projects that will need to be constructed due to new development. With input from City staff we will prepare a plan of expected projects prioritized as currently anticipated. This will include a 10 year planning window of anticipated projects and anticipated increases or decreases in the impact fee accordingly. 2.7 Prepare Impact Fee Analysis — Our team will prepare an Impact Fee Analysis as required by the current Impact Fee Act. We will ensure that the analysis covers only those projects required in the next six years. Analysis will include proportionate share analysis, credits due, and impact fee calculations. HORROCKS ENGINEERS 2 Page 64 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY Culinary Water Storage Impact Fee Milestones and Outputs: • Consensus with City staff regarding demand and growth projections • Prepare Schedule of Future Needs • Review and consensus on projected facility needs, timing and costs • Draft IFFP • Clearly defined level of service standards and proportionate share analysis • Draft IFA • IFFP and IFA Task 3 Sanitary Sewer 3.1 Define LOS — For sanitary sewer, LOS is defined by state requirements. We will identify the applicable system requirements applicable to Moab's current population. 3.2 Coordinate with Sanitary Sewer Master Plan Consultant — In this task we will obtain data from the sanitary sewer master plan including existing facilities inventory, system capacities, and recommended future projects. 3.3 Identify Existing Deficiencies - We will utilize the soon to be completed wastewater capital facilities plan to identify which, if any, of the proposed improvements in the CFP is recommended to resolve an existing deficiency and that must be completed to bring the current system up to standards. 3.4 Identify Proposed Improvements — Using the CFP, we will identify all of the projects that must be completed in order to construct the proposed system to meet the demands of future growth for Moab. 2.8 Prepare Impact Fee Facilities Plan — As required by Utah State Code, Title 11-36a, we will prepare a six year plan of projects that will need to be constructed due to new development. With input from City staff we will prepare a plan of expected projects prioritized as currently anticipated. This will include a 10 year planning window of anticipated projects and anticipated increases or decreases in the impact fee accordingly. 2.9 Prepare Impact Fee Analysis — Our team will prepare an Impact Fee Analysis as require by the current Impact Fee Act. We will ensure that the analysis covers only those projects required in the next six years. Analysis will include proportionate share analysis, credits due, and impact fee calculations. Sanitary Sewer Impact Fee Milestones and Outputs: • Consensus with City staff regarding demand and growth projections • Review and consensus on projected facility needs, timing and costs • Draft IFFP • Clearly defined level of service standards and proportionate share analysis • Draft IFA • IFFP and IFA 3- QUALIFICATIONS Horrocks Engineers was established 1968. It has grown into a multi -disciplinary engineering firm that provides clients in both the public and private sectors with the municipal, transportation, and environmental consulting expertise they need to address today's complex design and construction issues. We have specialists on staff in both sanitary sewer systems and culinary water systems. As such, we are able to select individuals with leadership and expertise in these specialty areas and utilize their experience on this project. Horrocks has assisted growing communities with master planning, capital facilities planning and fee studies for nearly 40 years. Following is a brief description of our team's experience. We can provide more detailed project information upon request. Horrocks Engineers has decades of experience creating master and capital facilities plans (CFPs), both from scratch and supplementary, for many communities. We also perform feasibility studies, user rate studies and impact fee analyses. We have stayed abreast of the changes to the Impact Fee Act. Our CFP's are legally defensible and have been created in the spirit of the law in the past. Therefore, they meet the requirements of the new Impact Fee Act in all but name. Horrocks Engineers assists communities with planning all facets of their infrastructure. Our staff has master planned roads, culinary and secondary water, wastewater, storm drain, public safety, parks and recreation and trail systems. The size of our firm and the depth of our expertise allow us to provide flexibility to our clients. We can provide master planning, capital facilities planning and/or impact fee analysis for individual elements or for an overall plan that includes all elements. HORROCKS ENGINEERS 3 Page 65 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY Our team members have been responsible for performing numerous impact fee studies throughout that state of Utah. This will benefit the City greatly as we are able to draw on our experience in other communities to solve the unique challenges faced by Moab. We have a wealth of expertise in providing growth projections and funding options as part of out previous projects. These can be crucial elements in the defensibility of any IFFP. Following is a list of some of our most recent experience. We have also included three more specific case studies of projects that are similar to Moab's needs. Recent Facilities Planning and Impact Fee Analysis Experience 2012 Salem City IFFP and Impact Fee Analysis (Secondary Water, Parks and Recreation, Public Safety) 2012 Saratoga Springs CFP, IFFP and Impact Fee Analysis (Transportation, Parks and Recreation, Public Safety) 2012 Bluffdale City Impact Fee Facilities Plan and Impact Fee Analysis (All elements) 2010 Salem City IFFP and Impact Fee Analysis (Secondary Water, Parks and Recreation, Public Safety) Eagle Mountain Capital Facilities Plan (All elements) Enoch Capital Facilities Plan (All elements) Pole Canyon Capital Facilities Plan (All elements) 2008 Eagle Mountain Water Master Plan 2008 Bluffdale City Capital Facilities Plan and Impact Fee Analysis (All elements) 2008 Herriman Water Master Plan & Impact Fee Analysis (Culinary and Secondary Water) Pleasant Grove Water, Sewer, Storm Drain, Streets Master plans Alpine Water, Sewer, Storm Drain, Secondary Water, Parks Master Plans 2007 Roosevelt City Capital Facilities & Impact Fee Study (All elements) 2007 Salem City Streets and Storm Drain Impact Fee Study Spanish Fork Transportation Master Plan American Fork General Plan Kamas General Plan Heber City General Plan Draper City General Plan Alpine City General Plan Farmington General Plan Kaysville Streets Capital Facilities Plan Hurricane General Plan Midway General Plan Green River 1-80 East and West Feasibility Study CASE STUDY 1 Salem City Impact Fee Studies and Impact Fee Analysis (2007, 2010 and 2012) Key Personnel: Brent Ventura, Jason Judd Included Elements: secondary water, storm drain, transportation, parks and recreation, and public safety Salem City's needs are strikingly similar to Moab's. In 2007, the City used consultants to prepare capital facilities plans and impact fee analyses for all of its different infrastructure elements. Horrocks prepared the original transportation and storm drain plans and analyses. Since that time, Salem has completed several major projects including a citywide pressure irrigation system, park improvements and a new police station. As such, the City felt that it's plans were out of date. Horrocks Engineers prepared the update and City passed its new impact fees in 2010. Salem is once again revisiting its impact fees for a number of reasons, including feeling that smaller impact fees might attract more businesses during the tough economy. Therefore, Horrocks Engineers was again contracted with to update the fees. We utilized existing studies, checked demographics, worked with staff to prioritize projects, interpreted previous data, submitted multiple drafts and attended a City Council work session to discuss the changes with council members. To comply with the latest version of the law, we had to take previous CFP's and create new IFFP's for each element. We then prepared Impact Fee Analyses that are currently pending approval. Engineering was accomplished in approximately 2 months. HORROCKS ENGINEERS 4 Page 66 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY CASE STUDY 2 Bluffdale Capital Facilities Plan, Impact Fee Facilities Plan and Impact Fee Analysis (2008 and 2012) Key Personnel: Brent Ventura, Todd Awerkamp, Jason Judd Included Elements: Culinary water (model), secondary water (model), transportation (model), storm drain, parks and recreation, public safety and public facilities. The Bluffdale City Capital Facilities Plan project is also similar to Moab's needs. Bluffdale is a city of approximately 8,700 people that was beginning to grow rapidly. The City recognized the need to plan before development occurred and therefore, prepared a CFP that met the needs of Title 11-36 in 2008. However, with the recent down turn in the economy and the new provisions in the Impact Fee Act, Bluffdale City felt that updating its impact fee analysis was critical to meeting its future needs as well as the new state statutes. The original project had several unique challenges. First, Bluffdale's populous is currently divided on whether to encourage or discourage growth and development. Second, several developers were giving publicized drafts of the CFP to their legal counsel in an effort to derail the plan before it was finished. Third, major policy changes in transportation and land use plans were debated and implemented during the project that changed significant portions of the document. Horrocks successfully met these challenges by preparing for and attending public and private meetings with residents, developers and city staff to prepare a plan that all parties supported. We also adjusted plans midstream and maintained project budget. Engineering for the project was completed in approximately 5-6 months. However policy changes in the City delayed project completion and approval of the final document for nearly 7 more months. The 2012 update is similar to Moab's needs in that it entailed preparing and Impact Fee Facilities Plan and Impact Fee Analysis from existing CFP's. Minor changes have been made that will alter the ultimate Impact Fee calculations. The documents will meet the new requirements of the latest version of Title 11-36a when they are completed. Contact information for Bluffdale City can be found in the chart below. CASE STUDY 3 Eagle Mountain Capital Facilities and Impact Fee Plan Key Personnel: Brent Ventura, David Barlow, Kelly Ash, Todd Awerkamp, Jason Judd Included Elements: Wastewater (model), secondary water (model), culinary water (model), transportation (model), storm drain (model), public safety and parks and recreational facilities, power and natural gas The Eagle Mountain Capital Facilities Plan project is also similar to Moab's needs although the project was a much larger scale and was essentially preparing a new CFP from scratch. The new plan creates master plans for the noted elements and summarizes, estimates and prioritizes projects identified in the master plans. It meets the requirements for and is conducive to impact fee calculations at any future time. Unique challenges on this project included performing a separate CFP for Pole Canyon (a neighboring development that was seeking annexation into Eagle Mountain). Pole Canyon is projected to build out at nearly 35,000 residents. Horrocks successfully coordinated with the developer and incorporated the impacts of this neighboring community into Eagle Mountain's system. The engineering for the project was completed in approximately 6 months, while City reviews, comments and coordination with developers have taken an additional 4 months. Contact information for Eagle Mountain can be found in the chart below. References Name Client Number Bruce Ward, City Engineer Salem City 801-423-2770 ext. 207 Vaughn Pickell, City Attorney Bluffdale City 801-254-2200 Chris Trusty Eagle Mountain City 801-789-6670 HORROCKS ENGINEERS 5 Page 67 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY 4- EXPERIENCE Our team is comprised of specialists in culinary water, sanitary sewer and impact fee analysis. We have hand -selected individuals that will best meet the needs of Moab City. Our qualified professionals will utilize their education, experience, and background to the benefit the City, ensuring top-quality results. We offer the following team of professionals. Project Manager David Dillman, P.E. Project Engineer Brent Ventura, P.E. Culinary Water Storage Support Jason Judd, EIT QC/QA Sanitary Sewer Support David Barlow, P.E. Project Manager: David Dillman, P.E. —David is a Principal at Horrocks Engineers. He will serve as the Project Manager and will provide coordination with City staff and budget/resource management for the project. David's experience working with Moab City and in the surrounding area will be a benefit to the project. David has excellent working relationships with City staff. He has led many projects at Horrocks to service both Moab and Grand County. He is aware of what it will take to provide Moab with the service it needs to successfully complete this project. Project Engineer: Brent Ventura, P.E. —Brent is a Principal of Horrocks Engineers and will serve as the Project Engineer. He will direct the preparation of the Impact Fee Facilities Plan and Impact Fee Analysis. His understanding of Moab's needs comes from recent capital facilities and impact fees projects in Bluffdale, Salem, Saratoga Springs, Eagle Mountain, Enoch, Roosevelt and Kaysville cities. He has a strong background in assisting smaller communities in their master planning efforts and impact fee analysis. His knowledge of the needs of smaller communities has come from his service as the Bluffdale City Engineer, American Fork City's Engineer of Contract and Herriman City's Engineer of Record. His intimate knowledge of the Impact Fee Act will be a great resource for the City. Sanitary Sewer Support: David Barlow, P.E. - David has been with Horrocks Engineers for more than 12 years and has worked on multiple municipal engineering projects throughout the state of Utah. He has been the project lead on five Sewer Master Plans in the past four years for local municipalities. He is also instrumental in preparing project plans, specifications, and oversight of construction management. He has designed several sewer and water projects including new pipelines, sewer metering stations, up -sized existing pipelines by pipe bursting and open trench methods, rehabilitation of existing sewer lines, and waste water treatment design. Culinary Water Storage Support: Jason Judd, EIT —Jason has 4 years of experience at Horrocks Engineers. While here, his career has focused on both capital facilities planning and on culinary water modeling and design. Jason's expertise will help us quickly and efficiently review and analyze existing culinary water models and studies. He will assist in defining Level of Service, defining future needs and preparing a facilities plan that meets the current Impact Fee Act. His most recent projects include Salem City IFFP and IFA, Bluffdale City IFFP and IFA, Eagle Mountain CFP, Bluffdale Water Supply Project, Eagle Mountain Water Master Plan to name a few. Full resumes of key personnel can be found in the Appendix. HORROCKS ENGINEERS 6 Page 68 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY 5- SCHEDULE Schedule An Impact Fee Facilities Plan serves as the basis and blueprint for Moab's future development. As such, it is understandable that the City is excited to complete this project as soon as possible. It should also be noted that the far reaching affects of the IFFP and IFA suggest that restraint should be exercised in creating an aggressive schedule. Our experience has shown that generally two to three months is required to complete similar projects. The most critical element to the schedule is receiving city comment and incorporating the comments into the final document. This task understandably requires several iterations in most cases as cities work through planning decisions in an effort to sustain their ultimate goals. In keeping with these principles we recommend the following schedule. Task ' May June July 1.0 General 1.1 Project Administration 1.2 Demographics 1.3 Data Collection 1.4 Assist with Noticing 1.5 Assist Moab with Updating Ordinances and Fees 1.6 Progress Meetings 1.7 Attend Public Meetings 1.8 QC/QA 2.0 Culinary Water Storage 2.1 Define Level of Service (LOS) 2.2 Prepare Existing Facilities Inventory 2.3 Evaluate Future Needs 2.4 Identify Existing Deficiencies/Excess Capacities 2.5 Identify Proposed Improvements 2.6 Prepare Impact Fee Facilities Plan Submit Draft IFFP 2.7 Prepare Impact Fee Analysis Submit Draft IFA Submit Final IFFP/IFA _ 3.0 Sanitary Sewer 3.1 Define Level of Service (LOS) 3.2 Coordinate with Sanitary Sewer Master Plan Consultant 3.3 Identify Existing Deficiencies 3.4 Identify Proposed Improvements 3.5 Prepare Impact Fee Facilities Plan _ Submit Draft IFFP 3.6 Prepare Impact Fee Analysis Submit Draft IFA iliPM Submit Final IFFP/IFA - Our team is prepared to begin work immediately. Each of our team members has other assignments, but none of them will interfere with making Moab a priority. Following is a chart illustrating each team members current workload and availability to serve Moab City. Team Member Current Workload Corporate Commitments Time Available for Moab David Dillman 85% 10% 5% Brent Ventura 60% 20% 20% David Barlow 75% 0% 25% Jason Judd 85% 0% 15% HORROCKS ENGINEERS 7 Page 69 of 83 5-12 E8 }o pL 86ed CO Moab City Impact Fee Study April 2012 Horrocks Engineers Manhours and Fee Estimate Task QA/QC Project Project Engineer Engineer CAD Task Hours Engineer Manager Engineer P.E. E.I.T. Tech Clerical 1.0 General 1.1 Project Administration 12 10 2 1.2 Demographics 4 2 2 1.3 Data Collection 5 1 4 1.4 Assist with Noticing 5 1 4 1.5 Assist Moab with Updating Ordinances and Fees 12 4 8 1.6 Progress Meetings 28 14 14 1.7 Attend Public Meetings 14 14 1.8 QC/QA 4 4 2.0 Culinary Water Storage 2.1 Define Level of Service (LOS) 2 2 2.2 Prepare Existing Facilities Inventory 5 1 4 2.3 Evaluate Future Needs 19 1 2 16 2.4 Identify Existing Deficiencies/Excess Capacities 8 8 2.5 Identify Proposed Improvements 4 4 2.6 Prepare Impact Fee Facilities Plan 28 2 16 8 2 2.7 Prepare Impact Fee Analysis 13 1 2 8 2 3.0 Sanitary Sewer 3.1 Define Level of Service (LOS) 4 3.2 Coordinate with Sanitary Sewer Master Plan Consultant 10 2 8 3.3 Identify Existing Deficiencies 10 1 1 8 3.4 Identify Proposed Improvements 4 4 3.5 Prepare Impact Fee Facilities Plan 28 2 16 8 2 3.6 Prepare Impact Fee Analysis 13 1 2 8 2 IProject Subtotal 228 4 33 59 48 64 16 8 ■ CITY OF MOAB IMPACT FEES STUDY 6- FEE SCHEDULE Engineers Sr. Principal Engineer, P.E. Principal Engineer II, P.E. Principal Engineer, P.E. Senior Engineer Sr. Associate Engineer, P.E. Associate Engineer, P.E. Sr. Engineer II, P.E. Sr. Engineer, P.E. Engineer II, P.E. Engineer, P.E. Engineer Other Professionals and Technicians Sr. Planner Sr. Environmental Specialist Environmental Specialist Sr. Design Technician II Sr. Design Technician Design Technician Sr. CAD Technician CAD Technician Field Engineer Sr. Field Technician Field Technician Jr. Field Technician Surveyors Sr. Licensed Surveyor Licensed Surveyor Sr. Surveyor/ROW Technician Surveyor/ROW Technician Support Staff Administrative Assistant Clerical Equipment Global Positioning System Vacuum Truck -Standard Test Hole (6 Ft) Vacuum Truck-Addl Depth (Per Ft) SUE Testing Equipment Ground Penetrating Radar Troxler Nuclear Density Gauge Asphalt Content Tester Gyratory Compactor Traffic Counter Travel and Subsistence Mileage Subconsultant Other Direct Costs Rates are effective through February 29, 2012 Hourly Billed Rate $184.00 $157.00 $142.00 $155.00 $140.00 $122.00 $174.00 $142.00 $116.00 $97.00 $86.00 $149.00 $118.00 $77.00 $110.00 $86.00 $41.00 $73.00 $56.00 $105.00 $67.00 $49.00 $27.00 $120.00 $91.00 $88.00 $54.00 $51.00 $45.00 $17.60 / hour $400.00 / hole $65.00 / foot $11.80 / hour $23.60 / hour $17.60 / test $47.00 / test $47.00 / test $20.60 / day at cost $0.57 / mile Cost + 10% Cost + 10% HORROCKS Irll ENGINEERS 9 Page 71 of 83 ■ CITY OF MOAB IMPACT FEES STUDY APPENDIX HORROCKS -mu ENGINEERS Page 72 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY DAVID H. DILLMAN, P.E. - PROJECT MANAGER Dave has more than 18 years experience in the water resource, wastewater, transportation, and construction management fields. He is the lead designer and project manager for many utility and pipeline projects and has experience working with many utility companies designing utility relocations. Dave has a thorough understanding of the City's system in this area through his work on the Lion's Park and Transit Hub projects, Stewart Canyon Drainage, and North Moab Recreation area projects. Some of his other recent relevant projects include designing sewer and water systems for the LDS Heber Valley Church Camp, Timber Lakes Special Service District, and Pine Meadow Mutual Water Company. Through his project understanding and prior experience, Dave will be able to ensure that this project is completed to the City's upmost satisfaction. EDUCATION M.S. Civil Engineering, Brigham Young University,1993 B.S. Civil Engineering, Brigham Young University,1992 LICENSE Utah Professional Engineer No.187449 Utah Division of Drinking Water Operator Dist. 4 - 23508 PROFESSIONAL AFFILIATIONS American Society of Civil Engineers (ASCE) EXPERIENCE • Lion's Park Transit Hub, Moab, Utah • Stewart Canyon Drainage, Moab, Utah • Pine Meadow General Engineering • Timber Lakes General Engineeering • Grand County Storm Drain Master Plan • North Moab Recreation Areas -Courthouse Wash to SR-313 • LDS Church Lake Creek Recreation Property Survey • Moab Lions Park Underpass • Pine Meadow Water System Tank & Upgrades • Millcreek Bridge Construction Management • Colorado River Pedestrian Bridge Construction Management • Valley View Bridge Construction Management • LDS Church Heber Valley Family/Youth Camp —15 miles of major access and camp roads, camp water system (storage reservoirs, pump station,12 miles of distribution piping, and spring developments), sewer system (6 miles of collection lines 0.15 MG treat- ment plant), power system (6 miles of underground high voltage distribution line and low voltage system in campsites), propane gas systems and campsites (6 sites with 132 structures). • Weber River Bridge — Resident Engineer for bridge replacement over the Weber River • Pine Meadows Mutual Water Company - Distribution system and new storage reservoir. Project Manager for design and construc- tion management of 12 miles of new distribution lines and new concrete 0.5MG storage tank • Wasatch County Water Efficiency Project — Construction Management for six pump stations and management of materials for 56 miles of pipelines • Timpanogos Special Service District - Project Engineer for the 1999 Headworks Improvements • Andalex C Canyon Mine - Project Engineer for 35 miles of culinary water line and booster pump station • Pine Meadows Special Service District - Project Manager for preparation of water system and transportation master plans • Farm Creek Canal Addition - Prepared feasibility studies for piping 17,000 feet of the canal with 54-inch and 42-inch pipe HORROCKS II�II ENGINEERS Page 73 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY BRENT R. VENTURA, P.E. - PROJECT ENGINEER Brent is a Principal of Horrocks Engineers and will serve as the Project Engineer. He will provide coordination with City staff and budget/ resource management for the project. He will also direct the preparation of the Capital Facilities Plan and the Impact Fee Facilities Plan portions of the project. His understanding of Saratoga Springs' needs comes from recent capital facilities and impact fees projects in Bluffdale, Eagle Mountain, Enoch, Roosevelt and Salem cities. He has a strong background in assisting smaller communities in their master planning efforts and impact fee analysis. His knowledge of the needs of smaller communities has come from his service as the Bluffdale City Engineer, American Fork City's Engineer of Contract and Herriman City's Engineer of Record. Other projects that Brent has worked on recently include the 1-80 East and West Feasibility Studies, Herriman Water Master Plan, Spanish Valley Water Supply Study and the Kaysville City Streets Capital Facilities Plan. EDUCATION B.S. Civil Engineering, Brigham Young University, April 1994 Masters of Engineering Management, Brigham Young University, Dec.1995 LICENSE Utah No. 270470 PROFESSIONAL AFFILIATION Member - American Society of Civil Engineers Member - Utah City Engineers Association Central Utah Branch President - American Public Works Association Member — BYU Management Society EXPERIENCE • Patriot Hill Water System Study, Hill Air Force Base • Bluffdale Water Supply Project • Ogden Canyon Water Line • Spanish Valley Water Supply Study, Moab, Utah • Bluffdale City Engineer • American Fork Engineer of Contract • Eagle Mountain Capital Facilities Plan • Eagle Mountain Water Master Plan and Conveyance Study • Hooper Draw 52" Storm Drain, Davis County, UT • Spanish Fork River Parkway Trail, Spanish Fork, UT • 2600 South Storm Drain Improvements, Davis County, UT • Roosevelt CFP & Impact Fee analysis, Roosevelt, UT • Herriman Main Street Widening Project, Herriman, UT • Spanish Fork Sterling Hollow 5MG Tank, Spanish Fork, UT • Salem City Master Plan and Impact Fees, Salem, UT • American Fork Sensitive Lands Ordinance • Payson Eastside Sewer Outfall Line, Payson, UT • Bluffdale City Inspections and Reviews, Bluffdale, UT • Art Dye Trail, American Fork, UT • 1-80 East and West Feasibility Studies, Green River, WY • Kaysville City Streets Capital Facilities Plan, Kaysville, UT • 1-15 to Main Street Waterline, American Fork, UT • 700 North Springs Inventory, American Fork, UT • Bangerter Parkway Extension, Draper, UT • Temple Meadows Drainage Study, American Fork, UT • 100 East Improvements Concept Report, American Fork, UT • Dry Creek at SR-92 Lift Station, Highland, UT • American Fork City Water Rights, American Fork, UT • 900 East Cottages Traffic Impact Study, Midvale, UT HORROCKS II�II ENGINEERS Page 74 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY DAVID BARLOW, P.E. - SANITARY SEWER SUPPORT David has been with Horrocks Engineers for more than 11 years and has worked on multiple municipal engineering projects through- out the state of Utah. He has been the project lead on five Sewer Master Plans in the past four years for local municipalities. He is also instrumental in preparing project plans, specifications, and oversight of construction management. He has designed several sewer and water projects including new pipelines, sewer metering stations, up -sized existing pipelines by pipe bursting and open trench methods, rehabilitation of existing sewer lines, and waste water treatment design. EDUCATION B.S. Civil Engineering, Utah State University,1999 LICENSE Utah No. 368407 PROFESSIONAL AFFILIATIONS American Society of Civil Engineers (ASCE) Water Environment Federation (WEF) EXPERIENCE • Alpine City 800 South Outfall (2010-Current) • Granger Hunter 3500 South Waterlines Phase II (2010-Current) • American Fork City 2010 Sewer Improvements (2010) • Alpine City 800 South Sewer Improvements (2009) • Pleasant Grove State Street Sewer Improvements (2009) • West Jordan 3200 West Improvements (2008) • North County Blvd Utilities (2010-Current) • Bluffdale Water Project Pump Station (2010-Current) • Park City Rail Trail Waterlines (2009-2010) • Pleasant Grove 1300 West Water Improvements (2009) • Hurricane SR-9 Utilities (2008) • St. George Mall Drive Utilities (2008-Current) • Eagle Mountain Capital Facilities Plan (2008-2009) • American Fork City Pressure Irrigation System (2007-2009) • Granger Hunter Improvement District — 3500 South Waterlines (2008) • American Fork 2008 Sewer Improvements Project (2008) • Pleasant Grove 700 South Sewer Improvements Project (2008) • Pleasant Grove 500 South Waterline Project (2007-2008) • Pleasant Grove 1300 West Sewer Metering Station (2007) • Weber Basin West Haven Reservoir and Pump Station (2007-2008) • Weber Basin North Weber Well (2006-2008) • Pleasant Grove 2000 West Utilities Project (2005-2008) • Pleasant Grove 700 South Sewer Improvements Project (2006-2007) • Pleasant Grove Gibson Waterline Extension (2005-2006) • American Fork 2005-2006 Water Improvements Project • American Fork 2005-2006 Sewer Improvements Project • Pleasant Grove 1800 North Sewer Improvements (2005) • Manila Culinary Water Company 2005 Water Improvements Project • Bluffdale City -14600 South Waterline (2002 - 2003) • Provo City - 2003 Storm Drain Improvements (2003) • Pleasant Grove City — Center Street Water Improvements • Draper City - Bangerter Highway Extension (2004-2005) • Pleasant Grove Gibson Well (2005-2006) • Weber Basin North Ogden Well (2004-2005) HORROCKS II�II ENGINEERS Page 75 of 83 5-12 CITY OF MOAB IMPACT FEES STUDY JASON JUDD, E.I.T. Jason Judd is a civil engineer in training with experience in facilities planning, water system modeling and other municipal related design. He is familiar with the State of Utah Division of Drinking Water requirements and multiple city design standards. He has planning, preliminary design, preconstruction design, and construction management experience. He has worked on master and capital facilities plans as well as impact fee facilities plans and analyses. He has experience creating maps for water, sewer, and storm drain systems using ArcGIS and designing culinary and secondary water models using WaterGEMS. Previously to Horrocks he gained experience in grading and drainage design for commercial building lots. FIRM Horrocks Engineers since February 2008 YEARS OF EXPERIENCE Civil Engineer in Training: 1.5 years (2008 — present) EDUCATION B.S. in Civil and Environmental Engineering, Utah State University PROFESSIONAL AFFILIATIONS Member of ASCE EXPERIENCE Master and Capital Facility Plans Experience • Salem City IFFP and IFA (2012) • Bluffdale City IFFP and IFA (2012) • Enoch City CFP • Pole Canyon CFP • Salem City IFFP and IFA Update (2010) • Eagle Mountain City Culinary Water Master Plan (2008) • Bluffdale City Capital Facilities Plan (2008) • Eagle Mountain City Capital Facilities Plan (2012) Design Experience • Bluffdale Water Supply Project • 13800 South Bridge Replacement — Bluffdale, Utah • Riverview Drive Replacement — Bluffdale, Utah • 15000 South Street Widening — Bluffdale, Utah Other Experience • Spanish Oaks Safety Sidewalk — Spanish Fork, Utah • Development Plan reviews and general engineering for Bluffdale City Utah • Grading and Drainage design HORROCKS ENGINEERS Page 76 of 83 5-12 Moab City Impact Fee Study April 2012 Horrocks Engineers Manhours and Fee Estimate QA/QC Project Project Engineer Engineer CAD Task Engineer Manager Engineer P.E. E.I.T. Tech Clerical Task Hours Cost $116 $142 $142 $97 $86 $56 $45 1.0 General 1.1 Project Administration 12 $1,704 10 2 1.2 Demographics 4 $456 2 2 1.3 Data Collection 5 $486 1 4 1.4 Assist with Noticing 5 $710 1 4 1.5 Assist Moab with Updating Ordinances and Fees 12 $1,704 4 8 1.6 Progress Meetings 28 $3,976 14 14 1.7 Attend Public Meetings 14 $1,988 14 1.8 QC/QA 4 $464 4 Subtotal 84 $11,488 2.0 Culinary Water Storage 2.1 Define Level of Service (LOS) 2 $172 2 2.2 Prepare Existing Facilities Inventory 5 $486 1 4 2.3 Evaluate Future Needs 19 $1,802 1 2 16 2.4 Identify Existing Deficiencies/Excess Capacities 8 $688 8 2.5 Identify Proposed Improvements 4 $344 4 2.6 Prepare Impact Fee Facilities Plan 28 $2,198 2 16 8 2 2.7 Prepare Impact Fee Analysis 13 $1,204 1 2 8 2 Subtotal 79 $6, 894 3.0 Sanitary Sewer 3.1 Define Level of Service (LOS) 4 $388 4 3.2 Coordinate with Sanitary Sewer Master Plan Consultant 10 $1,060 2 8 3.3 Identify Existing Deficiencies 10 $1,060 1 1 8 3.4 Identify Proposed Improvements 4 $388 4 3.5 Prepare Impact Fee Facilities Plan 28 $2,374 2 16 8 2 3.6 Prepare Impact Fee Analysis 13 $1,292 1 2 8 2 Subtotal 69 _ $6, 562 Project Subtotal 232 $24,944 4 33 59 48 64 16 8 Direct Costs (mileage, printing, etc) $50 Total Project Cost $24,994 on MAProposals-SOO\PG Office \Moab City\2012 CFP\Moab City Bid Complete Fee Estimate.xlsx Page 77 of 83 ORDINANCE NO. 2012-10 AN ORDINANCE AMENDING THE CITY OF MOAB CLASSIFIED HOURLY PAY RATE SCHEDULE AND EXEMPT AND ELECTED OFFICIALS SALARY WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay ranges may be adjusted periodically to accommodate increases in the cost of living; and WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for using standard state and national measures to determine cost of living adjustments; and WHEREAS, the Utah Bureau of Labor Statistics showed that the Cost of Living Increase for the State of Utah from 2010-2011 was greater than 3%; and WHEREAS, the 2012/2013 Fiscal Year Budget Shows a 3% Cost of Living Increase for all employees covered by the Pay Rate Schedule; and WHEREAS, the proposed "City of Moab Classified Hourly Pay Rate Schedule" is attached to this resolution as Attachment A, respectively; and WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the elective and appointive officers of the City and the other employees of the City shall be fixed by motion or resolution of the City Council as in accordance with existing law. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT The City of Moab Classified Hourly Pay Rate Schedule (Attachment A) and Exempt and Elected Official Salaries (Attachment B) as referred herein effective July 1, 2012. DATED this 26th day of June 2012. SIGNED: David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Ordinance #2012-10 June 26, 2012 Page 78 of 83 5-13 CITY OF MOAB CLASSIFIED HOURLY PAY RATES 2012/2013 PROPOSED Pay Grade i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 E1 E2 E3 E4 E5 S1 S2 S3 S4 S5 S6 MIN STEPS A B C D E F G H 1 J K L M N O P O R S T 10.00 10.30 10.61 10.94 1 1. Z6 11.61 11.95 12.31 12.67 13.06 13.44 13.85 14.26 14.69 15.13 15.57 16.06 16.54 17.04 17.54 18.07 10.51 10.82 11.13 11.46 11.80 12.16 12.54 12.92 13.29 13.69 14.09 14.53 14.96 15.41 15.87 16.36 16.84 17.36 17.87 18.40 18.95 10.98 1 1.3 0 11.65 12.00 12.35 12.72 13.11 13.49 13.91 14.32 14.74 15.18 15.65 16.12 16.60 17.11 17.61 18.14 18.68 19.25 19.83 11.52 11.85 12.22 12.58 12.97 13.34 13.74 14.16 14.58 15.03 15.47 15.93 16.43 16.91 17.42 17.95 18.49 19.03 19.60 20.20 20.81 12.05 12.42 12.78 13.17 13.57 13.98 14.40 14.82 15.26 15.73 16.20 16.69 17.19 17.70 18.24 18.79 19.35 19.93 20.52 21.15 21.78 12.62 13.00 13.39 13.80 14.20 14.64 15.08 15.52 16.00 16.49 16.97 17.49 18.01 18.56 19.10 19.68 20.27 20.88 21.50 22.15 22.81 13.25 13.65 14.05 14.47 14.91 15.37 15.82 16.29 16.80 17.30 17.83 18.34 18.89 19.47 20.05 20.65 21.27 21.90 22.55 23.23 23.93 13.87 14.28 14.71 15.15 15.60 16.09 16.57 17.06 17.57 18.10 18.64 19.21 19.79 20.36 20.98 21.62 22.26 22.92 23.62 24.32 25.05 14.53 14.97 15.41 15.87 16.37 16.85 17.36 17.88 18.41 18.96 19.53 20.12 20.72 21.34 21.49 22.64 23.31 24.01 24.73 25.47 26.23 15.20 15.66 16.14 16.62 17.13 17.63 18.16 18.72 19.27 19.85 20.45 21.04 21.69 22.34 23.00 23.70 24.40 25.13 25.88 26.67 27.47 15.94 16.44 16.92 17.43 17.96 18.49 19.04 19.61 20.21 20.82 21.43 22.07 22.74 23.42 24.13 24.85 25.56 26.36 27.16 27.97 28.82 16.70 17.20 17.71 18.25 18.80 19.37 19.94 20.53 21.16 21.78 22.43 23.11 23.80 24.51 25.26 26.02 26.80 27.61 28.44 29.28 30.16 17.51 18.04 18.58 19.13 19.71 20.29 20.91 21.54 22.18 22.85 23.53 24.24 24.96 25.71 26.48 27.27 28.10 28.95 29.81 30.69 31.61 18.33 18.88 19.45 20.03 20.63 21.25 21.85 22.53 23.22 23.91 24.63 25.36 26.12 26.91 27.74 28.56 29.42 30.28 31.20 32.14 33.10 19.21 19.78 20.36 20.97 21.60 22.26 22.92 23.61 24.32 25.05 25.79 26.56 27.38 28.19 29.05 29.91 30.80 31.73 32.68 33.65 34.66 20.10 20.70 21.36 22.00 22.67 23.34 24.02 24.76 25.49 26.28 27.07 27.87 28.71 29.57 30.47 31.37 32.31 33.29 34.28 35.32 36.38 21.08 21.72 22.38 23.05 23.74 24.45 25.19 25.94 26.72 27.54 28.36 29.21 30.08 30.97 31.92 32.88 33.87 34.88 35.93 36.99 38.10 22.09 22.76 23.44 24.15 24.86 25.62 26.38 27.18 28.00 28.83 29.69 40.88 31.50 32.45 33.42 34.42 35.45 36.51 37.62 38.76 39.92 23.15 23.84 24.57 25.30 26.06 26.85 27.66 28.50 29.33 30.21 31.13 32.05 33.02 34.01 35.02 35.05 37.17 38.30 39.44 40.62 41.84 24.26 24.98 25.74 26.51 27.31 28.13 28.98 29.84 30.74 31.65 32.61 33.58 34.59 35.62 36.70 37.80 38.93 40.11 41.30 42.54 43.82 25.41 26.18 26.98 27.79 28.62 29.47 30.37 31.26 32.21 33.17 34.17 35.18 36.25 37.34 38.46 39.62 40.81 42.02 43.28 44.59 45.93 26.63 27.43 28.26 29.11 29.98 30.88 31.81 32.74 33.72 34.75 35.78 36.85 37.97 39.12 40.29 41.49 42.72 44.01 45.33 46.69 48.09 27.91 28.75 29.61 30.50 31.43 32.35 33.33 34.32 35.35 36.41 37.51 38.64 39.79 40.99 42.22 43.48 44.77 46.12 47.50 48.95 50.42 29.23 30.11 30.99 31.94 32.90 33.88 34.90 35.95 37.01 38.14 39.27 40.45 41.66 42.92 44.20 45.53 46.90 48.30 49.75 51.25 52.79 30.62 31.54 32.51 32.49 34.47 35.50 36.57 37.69 38.81 39.96 41.17 42.39 43.67 44.98 46.32 47.71 49.16 49.16 52.15 53.71 55.33 7.76 7.98 8.23 8.47 8.73 8.99 9.25 9.54 9.82 10.12 10.41 10.72 11.05 11.37 11.72 12.07 12.44 12.80 13.19 13.60 14.01 7.87 8.12 8.35 8.57 8.87 9.13 9.39 9.68 9.97 10.28 10.58 10.90 11.23 11.57 11.91 12.27 12.64 13.02 13.40 13.81 14.22 14.00 14.42 14.85 15.30 15.76 16.22 16.72 17.22 17.73 18.26 18.81 19.37 19.96 20.55 21.17 21.81 22.46 23.13 23.83 24.54 25.28 14.21 14.65 15.09 15.53 16.01 16.49 16.97 17.49 18.01 18.56 19.11 19.68 20.27 20.88 21.51 22.16 22.81 23.50 24.21 24.94 25.69 25.28 26.03 26.81 27.62 28.45 29.30 30.18 31.10 32.02 32.98 33.98 34.99 36.04 37.12 38.23 39.39 40.56 41.79 43.03 44.33 45.66 25.68 26.45 27.23 28.06 28.89 29.77 30.65 31.57 32.53 33.50 34.51 35.54 36.61 37.71 38.84 39.99 41.20 42.44 43.71 45.02 46.37 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% 3% ■ Page 79 of 83 ATTACHMENT B Exempt and Elected Official Salaries Section 1. Yearly salary range for the following exempt positions only: City Manager — Grade E5 $63,935 — $115,529 Police Chief— Grade E3 $58,276 — $105,277 Public Works Dir. — Grade 18 $46,124 — $83,353 Recorder — Grade 17 $44,015 — $79,553 Treasurer — Grade 14 $38,273 — $69,113 Section 2. Yearly salary rates for the following elected official positions: Mayor $12,000 Councilmembers $ 6,000 In addition to yearly salaries, elected officials also receive the following yearly compensation in health and dental care coverage: Coverage type Medical Premium Dental Premium Health Savings Account Contribution/Match Family $13,207 $1,332 $2,000/$1,500 Two-party Spouse $9,407 $644 $2,000/$1,500 Two-party Child $8,744 $975 $2,000/$1,500 Single $4,450 $322 $1,000/$750 Information about all Moab City financial transactions can be found at: http://www.utah.gov/transparency Ordinance #2012-10 — Attachment B Page 80 of 83 5-13 RESOLUTION # 10-2012 A RESOLUTION AMENDING THE FISCAL YEAR 2011/2012 BUDGET WHEREAS, the City of Moab has proposed to amend the 2011/2012 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2011/2012 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2011/2012 Budget 1. General Fund 2. Recreation Fund 3. Capital Projects Fund 4. Enterprise Fund - Water 5. Enterprise Fund - Sewer Amended Amended Revenue Expenditures $ 7,376,440 $ 7,376,440 $ 470,419 $ 470,419 $ 1,133,000 $ 1,113,000 $ 1,091,919 $ 869,429 $ 761,810 $ 654,500 2011/2012 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND $78,807 $78,807 EXPENSES Executive — Benefits 10-413-13 $2, 203 Administrative — Benefits 10-414-13 $3, 588 Recorder — Benefits 10-415-13 $1,293 Planning — Benefits 10-418-13 $921 Engineering — Benefits 10-419-13 $1, 590 Police — Benefits 10-421-13 $13, 688 Animal Control — Benefits 10-426-13 $2, 024 Animal Shelter — Benefits 10-427-13 $800 Film Commission— Benefits 10-428-13 $618 Streets — Benefits 10-440-13 $16, 533 Parks — Benefits 10-451-13 $7, 653 MRAC — Benefits 10-452-13 $2, 896 COMMUNITY DEVELOPMENT Affordable Housing $25, 000 REVENUES Employee Medical Cafe Residual 10-36-420 $53, 055 Resolution #10-2012 Page 1 of 2 Page 81 of 83 5-14 Energy Taxes Beginning Fund Balance INTERDEPARTMENTAL TRANSFERS RECREATION FUND EXPENSES Recreation — Benefits MARC — Benefits 10-31-800 $752 10-39-940 $25, 000 $3,930 $3,930 REVENUES MARC—Rental Fees 23-66-271 $1,451 Recreation — Adult Soccer 23-34-539 $2, 479 $2, 479 $1,451 CAPITAL PROJECT FUND $26,000 $26,000 EXPENSES Aquatic Center Project 41-470-70 $26,000 REVENUES Claim Settlement Proceeds $26,000 ENTERPRISE FUND $8,029 $8,029 EXPENSES Water — Benefits $5,219 Sewer — Benefits $2, 810 REVENUES Water — Sundry Revenue 51-36-900 $5,219 Sewer — Sundry Revenue 51-56-900 $2, 810 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 26th day of June, A.D., 2012. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City Recorder Resolution #10-2012 Page 2 of 2 Page 82 of 83 5-14 RESOLUTION #12-2012 A RESOLUTION EXTENDING THE TIME FOR USE OF WATER IMPACT FEES WHEREAS, Utah Code Annotated Section 11-36-302 provides that a local subdivision that collects impact fees must spend or encumber those impact for a permissible purpose within six years of the date of collection unless the local subdivision identifies, in writing an extraordinary and compelling reason why the fees should be held longer than six years and an absolute date by which the fees will be expended; and WHEREAS, the City of Moab has collected water impact fees since 1999; and WHEREAS, the purpose of said impact fees is to pay for costs associated with the planning, design, property acquisition, construction, and or other costs associated with increasing the City's water storage capacity; and WHEREAS, recent studies modeling the City's water system have called into question previous assumptions about the location, size and need for additional city water tanks and other facilities that would increase the City's water storage capacity; and WHEREAS, the City has set aside in the 2012-13 City Budget impact fee monies in order to pay for an update to the City's water and sewer impact fees; and WHEREAS, the update to the City's impact fees will update priorities for projects for which using water impact fees is most appropriate; and WHEREAS, further planning and design efforts will be needed to prepare a water capacity project for bidding and construction; and WHEREAS, the City needs additional time to determine the best use of impact fee funds in order to properly design, plan for and locate water storage and other facilities; NOW THEREFORE, WE THE GOVERNING BODY of the City of Moab do hereby extend the timeframe for the water impact fees collected in the 2006-2008 timeframe for an additional four years from the date of collection to provide for additional planning time for the appropriate use of said funds. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on June 26, 2012. SIGNED: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, Recorder Resolution # 12-2012 Page 1 of 1 Page 83 of 83 NI