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PKT-CC-2013-02-26
Moab City Council T PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 53 Page 2 of 53 Moab Co►nw►unity Meetings February 2013 February 2013 5 M T W T F 5 5 M March 2013 T W T F 5 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 1 2 8 9 3 4 15 16 10 11 22 23 17 18 24 25 31 1 2 5 6 7 8 9 12 13 14 15 16 19 20 21 22 23 26 27 28 29 30 a 1' m N m cr a v N VI w PI co ' a Monday Tuesday Wednesday Thursday Friday Jan 28 29 30 31 Feb 1 4 5 6 7 8 4:00pm GCWB 6:00pm GCAB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC City Visioning 3:30pm MARC 5:30pm MMAD 11 12 13 14 15 12:30pm GCCOA 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moab CC 12:00pm HAW B 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 4:00pm GWSSA 4:00pm GCSWSSD 4:30pm GCHPC 5:00pm GCLB `30pm Moab PC. 7:00pm CVFP 18 19 20 21 22 Z Presidents' Day - Offices Closed l 3:00pm GC Council Work 7:00pm GC Council 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 25 26 27 28 Mar 1 12:00pm MTPSC 6:30pm Moab CC 11= 6:00pm GC PC 5:30pm CHCSSD 6:30pm Moab PC Moab City Recorder's Office 1 2/8/2013 4:57 PM Page 3 of 53 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendarAzoiz\Community Calendar\zoiz calendar entities.xlsx Page 4 of 53 Moab City Recorder's Office Moab Co►nw►unity Meetings March 2013 5 M T March2013 W T April 2013 F 5 5 M T W T F 5 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 2 1 2 3 4 5 6 8 9 7 8 9 10 11 12 13 15 16 14 15 16 17 18 19 20 22 23 21 22 23 24 25 26 27 29 30 28 29 30 i a ' 4 2 VI ry N CO 2 Monday Tuesday Wednesday Thursday Friday Feb 25 26 27 28 Mar 1 4 5 6 7 8 4:00pm GCWB 6:00pm GCAB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC 3:30pm MARC 5:30pm MMAD 11 12 13 14 15 12:30pm GCCOA 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moab CC 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 3:00pm SFSC 4:00pm GWSSA 4:00pm GCSWSSD 5:00pm GCLB `30pm Moab PC. 7:00pm CVFP 18 19 20 21 22 3:00pm GC Council Work 7:00pm GC Council 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 25 26 27 28 29 12:00pm MTPSC 5:00pm SEUDHD 6:30pm Moab CC - 6:00pm GC PC 5:30pm CHCSSD 6:30pm Moab PC 11. 11:30am Joint City Council/County Council Meetin g (TBD) Moab City Recorder's Office 2 2/8/2013 4:57 PM Page 5 of 53 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday GC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd Tuesday GCAB Grand County Airport Board 125 East Center Street 1st Monday GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly GCLB Grand County Library Board 257 East Center Street 3rd Wednesday GCPC Grand County Planning Commission 125 East Center Street 2nd & 4th Wednesday GCRSSD Grand County Recreation Special Service District 217 East Center Street 3rd Wednesday GCSDBE Grand County School District Board of Education 264 South 400 East 3rd Wednesday GCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st Thursday GCWB Grand County Weed Board Grand Center 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday LPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd Monday MARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st Thursday MATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th Thursday MC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th Tuesday MCPC Moab City Planning Commission 217 East Center Street 2nd & 4th Thursday MMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 2nd Tuesday SEUALG South Eastern Utah Association of Local Government Price 2nd Thursday SEUDHD South Eastern Utah District Health Department Green River City Offices 2nd Tuesday SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 2nd Tuesday noon TSSD Thompson Special Service District Thompson Springs Fire Station 2nd Wednesday TSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday Updated on: 7/13/2012 RACalendarAzoiz\Community Calendar\zoiz calendar entities.xlsx Page 6 of 53 Moab City Recorder's Office City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Moab City Council Regular Council Meeting City Council Chambers Tuesday, February 26, 2013 at 6:30 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: PRE -COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES 1--/ January 8, 2013 CITIZENS TO BE HEARD DEPARTMENTAL UPDATES 3-1 Community Development Department 3 2 Engineering Department 3 3 Planning Department 3-4 Police Department 3 5 Public Works Department PUBLIC HEARING (Approximately 7:15 PM) 4-1 Public Input on Proposed Resolution #03-2013 - A Resolution Amending the Fiscal Year 2012/2013 Annual Budget NEW BUSINESS 5-1 Approval of a Special Event License for Moab Skinny Tire Festival to Conduct a Road Cycling Tour on March 9 to 12, 2013 52 Approval of a Special Event License for Moonshadows in Moab to Conduct a Road Cycling Event on May 18, 2013 5 3 Approval of a Special Event License for Moab Century Tour to Conduct a Road Cycling Event on September 20 to 23, 2013 5-4 Approval of a Special Business Event License for the Delicate Stitchers to Conduct a Quilt Show on March 9 to 10, 2013 at the Grand Center 5 5 Approval of a Request by the Moab Music Festival for An Amplified Music Event at Old City Park on September Ito 2, 2013 5-6 Award of the Rotary Park Improvements Project Bid 5-7 Approval of the Rotary Park Improvements Project Contract Page 7 of 53 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 8 of 53 MOAB CITY COUNCIL REGULAR MEETING January 8, 2013 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Kyle Bailey, Jeffrey Davis, Kirstin Peterson, Doug McElhaney and Gregg Stucki; Planning Director Jeff Reinhart, Assistant City Engineer Eric Johanson, City Treasurer Jennie Ross, Community Development Director David Olsen, Police Chief Mike NaVarre, City Manager Donna Metzler and City Recorder/Assistant City Manager Rachel Stenta. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM. Twenty-two (22) members of the audience and media were present. Councilmember Bailey moved to approve the Regular Council Meeting Minutes of October 25, November 13, 15 and 30 and December 11 2012. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. There were no Citizens to Be Heard. Under Community Development Department Update, Community Development Director Olsen stated that the Bureau of Land Management had hired a transportation scholar to help with the Transit Hub and with wayfinding in the City. Community Development Director Olsen stated that the City would be applying for Bicycle Friendly Status and that the weather had been good for progress on the Prospector Trail construction. Under Engineering Department Update, Assistant City Engineer Eric Johanson stated that the City had received revised plans from Psomas Engineering for the Lions Park project and that staff was working on road classification updates to increase eligibility for federal funding. Under Planning Department Update, Planning Director Reinhart reviewed the upcoming Planning Commission agenda and stated that a draft General Plan revision was available. Under Police Department Update, Police Chief NaVarre introduced Animal Control Officer Destin Welker. Under Public Works Department Update, Public Works Director Foster stated that due to the extreme cold, two main water lines had broken that day, that the City was experiencing flow issues and that he appreciated the public's continued support and patience. Public Works Director Foster stated that he had received quite a few encroachment permits and that ice had built up on the City's solar panels. Mayor Sakrison stated that he appreciated the great job that staff had done with snow removal. Councilmember Peterson stated that she applauded the City staff that cleared the snow and ice from the parkway. REGULAR MEETING & ATTENDANCE REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE January 8, 2013 Pop 4 6ff 53s Councilmember Bailey moved to approve a Special Business Event License for Canyonlands Half Marathon and Five Mile Run on March 15 and 16, 2013 at Center Street Gym and Swanny City Park with conditions as listed in the presented staff memo. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Class IV Special Event Beer License for Ranna Bieschke to Conduct the Moab Half Marathon and Five Mile Run on March 16, 2013 at Swanny City Park with conditions as listed in the presented staff memo. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Special Use of Swanny City Park for Ranna Bieschke to Conduct the Moab Half Marathon and Five Mile Run on March 15 and 16, 2013 with conditions as listed in the presented staff memo. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Conditionally Approve a Park Alcohol Permit for Ranna Bieschke for Swanny City Park on March 16, 2013 with conditions as listed in the presented staff memo. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve Local Consent of a Temporary Beer Event Permit for Moab Half Marathon Inc. on March 16, 2013 at Swanny City Park with the conditions as listed in the presented staff memo. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Davis moved to approve a Class II Beer License for Jesse A. Nation, d.b.a. Gravel Pit Lanes Located at 1076 Millcreek Drive to Conduct a Restaurant/Bowling Alley. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve a Purchasing Exception as Requested by David Olsen for a Tree Thinning Project to Wildland Scapes LLC in the amount of $15,000. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to approve Proposed Ordinance #2013- 01— An Ordinance to Amend Title 17.00 of The Moab Municipal Code, Specifically Chapters 17.15, 17.42, 17.45, 17.48, and 17.51 and Those Sections Dealing Specifically with the Area, Width, and Location Requirements for Residential Uses, as Referred to Council by the Planning Commission with changes as outlined in a staff memo. Councilmember Stucki seconded the motion. The motion carried 4-1 aye with Councilmember Bailey voting nay. Councilmember Davis moved to Accept a Dedication of Right -of -Way for West Center Street as a Condition of Approval of a Commercial Site Plan for Entrada Inn. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Proposed Resolution #01-2013 January 8, 2013 SPECIAL BUSINESS EVENT LICENSE APPROVED FOR CANYONLANDS HALF MARATHON WITH CONDITIONS CLASS IV SPECIAL EVENT BEER LICENSE APPROVE FOR RANNA BIESCHKE WITH CONDITIONS SPECIAL USE OF SWANNY CITY PARK APPROVED FOR RANNA BIESCHKE WITH CONDITIONS PARK ALCOHOL PERMIT APPROVED CONDITIONALLY FOR RANNA BIESCHKE LOCAL CONSENT OF A TEMPORARY BEER EVENT PERMIT FOR MOAB HALF MARATHON, APPROVED CLASS II BEER LICENSE FOR JESSE A. NATION, D.B.A. GRAVEL PIT LANES, APPROVED PURCHASING EXCEPTION FOR TREE THINNING PROJECT APPROVED PROPOSED ORDINANCE #2013- 01 APPROVED WITH CHANGES DEDICATION OF RIGHT-OF- WAY FOR WEST CENTER STREET, APPROVED PROPOSED RESOLUTION #01- FPa, jei 4 of §3 A R e s o l u t i o n A d o p t i n g t h e 2 0 1 3 M o a b G o l f C o u r s e F e e s . C o u n c i l m e m b e r M c E l h a n e y s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 b y a r o l l - c a l l - v o t e . U n d e r d i s c u s s i o n r e g a r d i n g C i t y V i s i o n i n g f o r m a t , C i t y M a n a g e r M e t z l e r m a d e a p r e s e n t a t i o n . T h e r e w a s n o C o r r e s p o n d e n c e t o b e R e a d . U n d e r A d m i n i s t r a t i v e R e p o r t , C i t y M a n a g e r M e t z l e r s t a t e d t h a t s t a f f h a d b e e n w o r k i n g o n t h e W e b s i t e R e d e s i g n p r o j e c t a n d w o u l d h a v e a r e c o m m e n d a t i o n t o t h e C i t y C o u n c i l o n t h e J a n u a r y 2 2 , 2 0 1 3 m e e t i n g . A R e p o r t o n C i t y / C o u n t y C o o p e r a t i o n w a s n o t g i v e n . U n d e r M a y o r a n d C o u n c i l R e p o r t s , C o u n c i l m e m b e r P e t e r s o n s t a t e d t h a t s h e h a d b e e n p a r t i c i p a t i n g i n i n t e r v i e w i n g b o a r d a p p l i c a n t s f o r t h e C a n y o n l a n d s H e a l t h C a r e S p e c i a l S e r v i c e D i s t r i c t a n d h a d a l s o b e e n i n v o l v e d w i t h t h e G r a n d H o m e l e s s C o o r d i n a t i o n C o m m i t t e e w h i c h w a s f o r m i n g a s u b c o m m i t t e e f o r e m e r g e n c y s h e l t e r . M a y o r S a k r i s o n s t a t e d t h a t L o c a l O f f i c i a l s D a y w a s c o m i n g u p a t t h e S t a t e L e g i s l a t u r e o n J a n u a r y 3 1 , 2 0 1 3 . C o u n c i l m e m b e r B a i l e y s t a t e d t h a t t h e H o s p i t a l w o u l d b e f o r m i n g a c o m m i t t e e t o l o o k a t h e a l t h c a r e n e e d s i n t h e c o m m u n i t y a n d h e w o u l d b e s e r v i n g o n t h a t c o m m i t t e e . C o u n c i l m e m b e r S t u c k i s t a t e d t h a t t h e G r a n d C o u n t y S o l i d W a s t e M a n a g e m e n t S p e c i a l S e r v i c e D i s t r i c t w a s c h o o s i n g a n e w c h a i r a n d t h a t g o o d t h i n g s w e r e h a p p e n i n g , i n c l u d i n g w o r k i n g o n a P a r k S e r v i c e c o n t r a c t t o s o r t t h e i r r e c y c l i n g . C o u n c i l m e m b e r D a v i s m o v e d t o a p p r o v e t h e b i l l s a g a i n s t t h e C i t y o f M o a b i n t h e a m o u n t o f $ 5 4 5 , 3 2 8 . 7 6 . C o u n c i l m e m b e r B a i l e y s e c o n d e d t h e m o t i o n . T h e m o t i o n c a r r i e d 5 - 0 a y e b y a r o l l - c a l l - v o t e . M a y o r S a k r i s o n a d j o u r n e d t h e R e g u l a r C o u n c i l M e e t i n g a t 8 : 0 5 P M . A P P R O V E D : A T T E S T : D a v i d L . S a k r i s o n R a c h e l E . S t e n t a M a y o r C i t y R e c o r d e r 2 0 1 3 , A P P R O V E D D I S C U S S I O N R E G A R D I N G C I T Y V I S I O N I N G F O R M A T R E A D I N G O F C O R R E S P O N D E N C E A D M I N I S T R A T I V E R E P O R T R E P O R T O N C I T Y / C O U N T Y C O O P E R A T I O N M A Y O R A N D C O U N C I L R E P O R T S A P P R O V A L O F B I L L S A D J O U R N M E N T J a n u a r y 8 , 2 0 1 3 F W 1 i o f � 3 AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 26, 2013 AGENDA ITEM #: 4-1 / / Title: Proposed Resolution #03-2013 — A Resolution Amending the Fiscal Year 2012/2013 Annual Budget Fiscal Impact: Please see attached memo Staff Presenter(s): City Manager Donna Metzler Department: Administration Applicant: NA Background/Summary: The City examines its budget at several points during the year to determine if adjustments are needed. This is the second budget opening for the 2012-2013 Fiscal Year. A detailed memo explaining the recommended changes is attached. Options: Public Hearing only Staff Recommendation: Public Hearing only Recommended Motion: Public Hearing only. Attachment(s): Please see the attached memo. Page 12 of 53 CITY OF MOAB 217 EAST CENTER STREET MOAB, UTAH 84532-2534 MAIN NUMBER (435) 259-5121 FAX NUMBER (435) 259-4135 To: Honorable Mayor and City Council From: Donna Metzler, City Manager Date: February 22, 2013 Subject: 2012-2013 Budget Opening MAYOR: DAVID L. SAKRISON COUNCIL: KYLE BAILEY ,JEFFREY A. DAVIS DOUG MCELHANEY KIRSTIN PETERSON GREGG W. STUCKI The following is a summary of the recommended changes for the 2012-13 Budget Opening, as shown in Resolution #03-2013: There are changes needed in the General Fund, the Capital Projects Fund, and the Water and Sewer Fund. 1. Accommodating 27 pay periods instead of 26 pay periods -- There are normally 26 pay periods in a calendar year. Every 11 years, there is a 27th pay period. Note that this phenomenon affects benefits as well, as some benefits accrue on a pay period basis. The last time this happened, we evidently just dealt with it at the end of the fiscal year without knowing what the problem was. This year, we have reviewed every salary and benefit account within the City and have determined an estimated impact. Recommended changes to salary and benefit line items are shown on the Year End Budget Opening Spreadsheet. The total impact on the budget for this problem for all funds was approximately $200,000. Through line item and inter -departmental transfers, we were able to reduce the impact to the General Fund to approximately $166,000. This amount was covered by reducing the transfer from the General Fund to the Capital Projects fund, and eliminating, reducing or postponing capital projects originally budgeted for this year. We determined which projects would most likely not be started in the current year for other reasons. The postponed projects are as follows: a. 100 West/400 North Road Design -- $35,000 b. Park Equipment Building — reduce by $7,380 c. Powerhouse Lane Improvements -- $105,000 d. Center Street Mechanical Design -- $19,000 2. MRAC Staff Reconfiguration — Staffing at the Moab Recreation and Aquatic Center was reconfigured to deal with additional maintenance needs and swim lesson classes. The financial impact of these changes was mis-estimated. Line item transfers within the department have covered some of the additional expenses. In addition, all improvements at the facility have been cut from the Capital Projects budget in the amount of $15,000. Measures have been taken to ADM-MEM-13-02-002 Page 13 of 53 ensure that these cost over -runs will not continue. Note that the impact of the additional pay period on the MRAC is particularly significant, since June, where the extra pay period falls, is a staff -hour intensive month. 3. Police Department grants and film security expenses --- Additional revenues will cover costs for film project security in the amount of $24,605 and DUI enforcement staff hours in the amount of $5,000. These two amounts make up the total change to the General Fund, for a total of $29,605. 4. Water/Sewer Fund Recommendations — Because of water line breaks and winter problems, as well as the additional pay period, the Water and Sewer Fund will need an additional $50,600. $37,200 will be needed for Professional and Technical Services to pay a contractor to assist in the excavation and location of the 400 East water line. Note that the amount of approximately $100,000 needed to repair/relocate the 400 East Water line can be taken from another project —the utility building for the vacuum truck —that can be postponed until the next budget year. Additional connection fee and sundry revenues in the amount of $12,000 will cover some of these expenses, as will an additional allocation of $38,600 from the fund balance. ADM-MEM-13-02-002 Page 14 of 53 CITY OF MOAB PUBLIC HEARING PROPOSED RESOLUTION #03-2013 — A RESOLUTION AMENDING THE FISCAL YEAR 2012/2013 The City of Moab will hold a Public Hearing on Tuesday, February 26, 2013 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 #03- 2013 — A Resolution Amending the Fiscal Year 2012/2013 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, February 14 and 21, 2013. R:\Notices\2013\BUDGET FY 2012-2013 midyearopening.docx Page 15 of 53 RESOLUTION # 03-2013 A RESOLUTION AMENDING THE FISCAL YEAR 2012/2013 BUDGET WHEREAS, the City of Moab has proposed to amend the 2012/2013 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2012/2013 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2012/2013 Budget Amended Amended Revenue Expenditures 1. General Fund $ 8,322,230 $ 8,322,230 2. Capital Projects Fund $ 857,620 $ 857,620 3. Enterprise Fund Water/Sewer $ 2,153,320 $ 1,605,820 2012/2013 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES GENERAL FUND ($29,605) $29,605 EXPENSES Executive ($ 20,000) Recorder ($ 3,000) Administration $ 7,600 Planning $ 13,600 Engineering $ 7,000 Police $107,105 Narcotics Task Force $ 10,480 Animal Control $ 29,300 Animal Shelter $ 4,100 Highways and Public Improvements $ 24,050 Parks ($ 8,000) Swimming Pool $ 35,600 Film Commission $ 3,150 Transfer to Capital Projects ($181,380) REVENUES Misc State Grants ($ 5,000) Special Services by City Departments ($ 24,605) Capital Projects Fund $ 181,380 ($181,380) Powerhouse Lane ($105,000) 100 West Design ($ 35,000) Playground Equipment/Park Improvements ($ 7,380) Aquatic Center Improvements ($15,000) Center Street Gym Mechanical ($19,000) Resolution #03-2013 Page 1 of 2 Page 16 of 53 Water/Sewer Enterprise Fund ($50,600) $ 50,600 EXPENSES Water $37,200 Sewer $13,400 REVENUES Water Sundry Revenues ($ 8,000) Water Connections ($ 4,000) Water/Sewer Beginning Fund Balance ($38,600) PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this _ day of March, 2013. David L. Sakrison Mayor ATTEST: Rachel E. Stenta City of Moab Resolution #03-2013 Page 2 of 2 Page 17 of 53 AGENDA S V MMA RY MOAB CITY COUNCIL MEETING February 26, 2013 AGENDA ITEM #: 5-1, 5-2 and 5-3 [Title: Approval of Special Event Licenses for Moab Skinny Tire Festival, Moonshadows in Moab and Moab Century Tour Fiscal Impact: Law enforcement services are needed to support this event. Staff Presenter(s): Donna Metzler Department: Administration Applicant: Mark Griffiths and Beth Logan Background/Summary: The City Special Events Committee has reviewed the Special Event Business Licenses for the Moab Skinny Tire Festival, Moonshadows of Moab and the Moab Century Tour. We have conferred with the coordinator for the event and are of the opinion that all issues with the event have been adequately addressed. The event organizers are coordinating with City and County Public Safety Departments to address all logistical issues. These events have been conducted successfully for numerous years. These events bring many visitors to our community. The Special Events Committee recommends approval of the Special Business Event License Applications for the Moab Skinny Tire Festival, Moonshadows of Moab and The Moab Century Tour. Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommend approval of all items. Recommended Motion: "I move to approve (insert name of agenda item)." Attachment(s): Special Business Event License Applications 1 Page 18 of 53 DATE PAID: AMOUNT PAID: RECEIPT NO.: CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80.00 LICENSE #: ZONE: k NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: Mo voi B S (Lt ti nut Ti � Ps-rt Ta-e\t4 o (A-106- Tow— — ! » ) e t4,0 . et, lL II TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: lt/o e_ m po.s.A-1 1 tat 9-0 0 100 EVENT SPONSOR'S NAME: C1 Q V,1Y � � Y�' + ) a 1 R (v -R ( P Imo-'t-r � 1 ,PHONE: p� I!Q 0 68 O SPONSOR'S ADDRESS: p cts- 5 e C� A�� ( tJ f}�•C� CITY: At 6 A8 STATE: Lt-s' ZIP: 81-6S-3:2_ SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: w ..- v DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WmFIIN THE CRY WITIOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. UWE FnqP RIM'NAME (5) HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND SPQNSOR. State of Utah ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARY PUBLIC day of c METH JOSEPH Notary Public State of Utah Comm. No. 808925 My Comm. Elves Aug 8, 2015 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 19 of 53 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: alp l i cahl pJ LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 Page 20 of 53 CITY OF MOAN CT17OAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAx: (435) 259-4135 z FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: �15TI1� n oq . 2,90 le-EQUIfzeD ® YES LINO L7 YES .0 No DATE: !� S� �✓ NAME OF APPLICANT: � ,. 6-f..._1 r-F.4.-1-4/ `13 1.06-A wl PHONE: 7-tQ 0 Ser. APPLICANT'S MAILING ADDRESS: PO 130x ct 3 1 CITY: ».0)q8 STATE: U-1' ZIP: g471S-� BUSINESS NAME:�7 (�` no ) G.� BUSINESS LOCATION: � :3 ` S ) � t� C I 3 1/�,({ o � e) l v L 1 �{ ZONE: `c�3 /7jL ✓ DETAILED DESCRIPTION OF BUSINESS ACTMTY: V,Oa." C./ � � Y1 ' �C)u � Can Pa- re-ek i2oc-ds c go wnoC. A/100,,6 = citi s b eovi se.- rat on 06/16/05 Page 21 of 53 Pao ••• Aill Corona Arch DEAD HORSE POINT STATE PARK Lunch & DEAD:HORSE Thmaround0 raw Lunch & Tbrnaround • •• 3., • SitiONW ON MOW .# (ND Arches National Park .11'4 . Indian Rock Art AID & himaround /> • is -*rks:43.' i°2' START/FINISH Aarchway Inn (All Days -see alternate start location at Hwy 313for Day 1) Red Cliffs Adventure Lodge and Castle Creek Winery LUNCH Blue Heron Rooker. ALD IUD & 71:maround s er .•••2, Towers ...* .•• •‘• Colorado River • DAY 1: Dead Horse Point State Park Ride DAY 2: Colorado River Corridor Ride DAY 3: Arches National Park Ride DAY 4: River Portal Ride Highway Page 22 of 53 Schedule for: Moab Skinny Tire Festival 2013 Moab Police Department Utah Highway Patrol Grand County Sheriff Date of Event: March 9-12, 2013 Number of riders expected: 800 Ride Director: Mark Griffith 260-2334 cell Ride Assistant : Beth Logan 260-8889 cell Emergency Responders: Mobile/enroute: Mark Griffith Base/Moab: Beth Logan HAM Radio Net Control: Angee Baune, ac0ew. Event Base Hotel: Aarchway Inn Communications HAM Net Control: Angee Baune 303-359-8088, ac0ew Based at Aarchway Inn and able to contact all tour vehicles/Aid stops. All Tour vehicles/Aid stops equipped with HAM radio and operator Note: Event participants have been made aware of safety issues such as obeying all traffic laws, riding single file, single file "zero tolerance" areas, being courteous and aware of local vehicle traffic. This information has and will be distributed to participants through event road signs, printed information, online safety videos, and an event newsletter emailed to all participants. Page 23 of 53 Skinny Tire Festival 2013 — page 2 of 2 Saturday March 9 Route open 8AM- 3PM Route: Aarchway Inn north on Hwy 191 to Moab Canyon Trail to Hwy 313 to Dead Horse Point State Park and return. Mass start at 8:00AM from Aarchway Inn Traffic control needs: Close Hwy 191 temporarily (5-8 minutes) to allow riders traveling on Aarchway Inn frontage road to enter hwy 191 northbound continuing over the vehicle bridge and connecting onto the Moab Canyon Trail directly on the north side of bridge. Sunday March 10 Route open 8:00AM- 3:00PM Route: Aarchway Inn to Hwy 128 to Hittle Bottom camp area and return. Monday March 11 Route open 8:00AM- 3:00PM Route: Aarchway Inn north on Hwy 191 over vehicle bridge connecting onto Moab Canyon Trail directly on north side of bridge then continuing to Arches National Park to Devils Garden and return. Tuesday March 12 Route open 8:00AM-1:00PM Route: Aarchway Inn north on Hwy 191 to Hwy 279 (Potash) to end of pavement and return via bike path and bike/pedestrian bridge. We greatly appreciate the support of Law Enforcement. This is a fundraiser and all cyclists donate to the two room cancer treatment and resource center at Moab Regional Hospital. Thank you! Mark Mark Griffith, marklgriffith@frontiernet.net www.skinnytireevents.com Page 24 of 53 DATE PAID: AMOUNT PAID: RECEIPT NO.: �aip,3 8 0." 9�fs3 CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80,00 LICENSE #: ZONE: /fC_ NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: ha d OWS nt Ait,O-P S TU{A o CLICLI t4 6- 8-. ve41- - Po c..0 LA, *7 I n/R -Tez ""bt3`A D {-40 PSIS . TEMPORARY STRUCTURES TO BE USED (IF ANY): DATE(S) AND TIME(S) OF EVENT: ANTICIPATED # OF EVENT PARTICIPANTS: P M'F'1,5) e9-01.3 5 •,30,pryl- o�:30 �rn 00 EVENT SPONSOR'S NAME: LAA..A 94_, 8-e,tc...PiTtAr. 1 �-71'4' Lo 640 PHONE: p) 0 8>88 SPONSOR'S ADDRESS: Ft) 136)4 et 31CITY: A/U)4:43 STATEE:: (AT ZIP: O Z.SJ SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: iV_ "/r I ) SPONSOR'S SOCIAL SECURITY NUMBER: _ DATE OF BIRTH: t — I �+e THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTNI Y WRHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCES OF A LICENSE WILL BE DELAYED. I/WE J � 4J� LHEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB E PRINT NAME(S) CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION ANi) SPONSOR. State of Utah gnature ) SS County of Grand ) SUBCRIBED AND SWORN to before me thisceday o NOTARY " UBLIC Date 13 MTN JOSEPN Notary Public State of Utah Comm. No. 805925 lily Comm. Expires Aug 8, 2015 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 25 of 53 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 Page 26 of 53 CITY OF OAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT M532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: V 15T1 WI MOAB CITY CODE: \1 09 ' 2910 SIGN PERMIT: Pew 1907 MOVED -ON NECESSARY: ® YES 7tNo REQUIRES PLANNING ��yy COMMISSION APPROVAL LI YES NO REVIEWED BY ZONING ADMINISTRATOR: IGNATURE DATE: 1.30.13 NAME OF APPLICANT: APPLICANTS MAILING ADDRESS: e_t -4� `� w-riA LXJ� 1 PHONE: 2-& 0 UO z( n Teo T� o d 013 � cTn: » Imo STATE: Gt-1 zip: m3. BUSINESS NAME: (� Ll c{ J y' �( BUSINESS LOCATION: � V 8- ,S i �� v 7 �� C� 4 4+ 3 o b /, �l ZONE: F't �`C"S3 Z/ DETAILED DESCRIPTION OF BUSINESS ACTIVITY: 064 C ( J vi ' 4'0 Can pct (Fe--4 vzoc-d s ct, Ko tunk A . t 0,6 : eA S -6 leo st- n2 ors -Fob -� Amato an cc& g-,ev.4 es4Akg, eta 44A- Pko.klo ) u_clwonstipootz IN Ao 06/16/05 Page 27 of 53 " " a s N t " D E A D H O R S E P O I N T T R K A T E f P A " 1 " L i g h t D i n n e r & D E A ��O R S E u m a r o u n ' P O I N T P " M o o n S h a d o w s i n M o a b A r c h e s N a t i o n a l P a r k A l t e r n a t e S T A R T / F I N I S H l o c a t i o n S T A R T / F I N I S H A a r c h w a y I n n H o t e l a �� C o l o r a d o R i v e r " �% �% M o o n S h a d o w s i n M o a b R i d e H i g h w a y P a g e 2 8 o f 5 3 DATE PAID: // off. ? 3 AMOUNT PAID: 8 0, or) RECEIPT No.: 1 ` ,sv"' CITY OF MOAB SPECIAL EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB SPECIAL EVENT FEE: $80.00 LICENSE #: ZONE: /\ C. NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: Ae RAI -fbA-g-- -F.,Uw 6-V� Al..c.4vvil y tnn 14o-r6-2-) VAunts P.s I1 bi TEMPORARY STRUCTURES TO BE USED (IF ANY): RO i v O- DATES) AND TIME(S) OF EVENT: ANTICIPATED# OF EVENT PARTICIPANTS: a-0 O 5 aD-013) EVENT SPONSORS NAME: rA, 14, ei(Gia ( ricit I-4 ) IA574 Lb � /V JPH'O.NEE: & 0 (� SPONSORj� �j S ADDRESS: T 0<�G h 01 3 q CITY: ,A/(_%� Aa, _ STATE: toC.. / ZIP: 53)-, SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: _1 ...., , SPONSORS SOCIAL SECURITY NUMBER: DATE OF BIRTH: THIS FORM IS AN APPLICATION FOR A SPECIAL EVENT LICENSE THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY STAFF OR CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED 1--v6 PPoNTNAMEN CITY SPECIAL EVENT LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. I/WE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION ApID SPONSOR. UWE 64L,ignaW State of Utah ) SS County of Grand ).� SUBCRIBED AND SWORN to before me this day of HEREBY AGREE TO CONDUCT SAID SPECIAL EVENT STRICTLY IN ACCORDANCE WITH THE MOAB NOTARY PUBLIC SETH JOSEPH Notary Public State of Utah Comm. No. 606925 My Comm. Expires Aug 8, 2015 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENTS! Page 29 of 53 ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: I b -5 P P P LicA8 t. LICENSE APPROVALS CITY STAFF © APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASOKS): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07101/05 Page 30 of 53 r1 CITY OF MOAB cATY O MOAB BUSINESS LICENSE COMPLIANCE - FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: X STI''t-1 MOAB CITY CODE: I 1 061 220 SIGN PERMIT: 123EOUKW MOVED -ON NECESSARY: El YES 1;?iN0 REQUIRES PLANNING] COMMISSION APPROVAL ElYES 'ONO REVIEWED BY ZONING ADMINISTRATOR: DATE: NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: " 6-T+t r-P-t74/1jCi 1 G) b06 A l `i PHONE: 240 U g 5 l PO E 0)i °! 314 opt: it!t 0)40 sfATE: GC/ ziP �''153 2--- BUSINESS NAME: .7 {� j j r ,(��n , q ,� Q of BUSINESS LOCATION: G./ V f 8- ,S > �� 6) � i� iV 1 C Tl � �/�,U tA6 ZONE: 2C) F(.53 Z� DETAILED DESCRIPTION OF BUSINESS ACTIVITY: TOC G L in 4-0 i.k � On Pa re -A P-o s a_KoLund_ ,2E.ak.6 , ut sb epo se, nt (fin -F-ve.. -i-/Maio an ce.A., `1-'?--�Gui- e9-�.f1q,e, 04 4 tvUato frasf ► 4v-- 1, —.,[csaaze Aut.&ke� 06/16/05 Page 31 of 53 Ci • • 1 1♦ AID• ■♦ • ♦f DEAD HORSEll POINT STATE PARK DEAD.HORSE INT &maro d givers! 4 r� J Corona Arc START/FINISH AarchwaY Inn Turnaround Blue ifero Rooke a 6, • zammuw in ■■1 Brag •woo Colorado River onmile Metric Century over La Sal Loop 100 mile Moab Canyon Century 40 mile Rolling Down the River Cruise Highway ee AID "THE BIG NASTY" .14*...m••••••• HMI Climb FS 07 In es. eteoga. Heavens Overlook end' O. Page 32 of 53 AGENDA S V MMA RY MOAB CITY COUNCIL MEETING February 26, 2013 AGENDA ITEM #: 5-4 Title: Approval of Special Event Licenses for Delicate Stitchers Quilt Show Fiscal Impact: None Staff Presenter(s): Donna Metzler Department: Administration Applicant: Mary Hofhine Background/Summary: The City Special Events Committee has reviewed the Special Event Business License for the Delicate Stitchers Quilt Show. This is an annual event that is held at the Grand Center. There are no issues requiring coordination outside of the Grand Center. The Special Events Committee recommends approval of the Special Business Event License Applications for the Delicate Stitchers Quilt Show on March 9 and 10, 2013 Options: For each item, the Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommend approval of all items. Recommended Motion: "I move to approve a Special Event License for the Delicate Stitchers Quilt Show." Attachment(s): Special Business Event License Applications 1 Page 33 of 53 BUSINESS LICENSE 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ON ' , PARKING. lititta-00012103;* 0A14ItITY-OODE:-.:A= MOVED -ON NECESSARY: REOUIRES PLANNING: COMMISSION APPROVAL REVIEWED BY ZONING 1 NAME OF APPLICANT: /II A e_ PHONE: ...25-9 APPLICANT'S MAILING ADDRESS: 3 /Li (I; 0/4 CITY: STATE. Li / ZIP: y I BUSINESS NAME: I BUSINESS LOCATION: a/1A ZONE: I DETAILED DESCRIPTION OF BUSINESS ACTIVITY: (1-4.1JVJ kurzAi 06/16/05 Page 35 of 53 " " F t t t B Y T H E A U T H O R I T Y O F T H E C I T Y C O U N C I L O F M O A B , U T T H I S C E R T I F I C A T E O F L I C E N S E I S H E R E B Y G R A N T E D T O E N T R A D A E M B R O I D E R Y L O C A T E D A T : 1 2 5 E 3 0 0 S t L I C E N S E N O . 1 1 6 6 N o t T r a n s f e r a b l e F R O M : 7 / 1 / 2 0 1 2 E X P I R E S : 6 / 3 0 / 2 0 1 3 1 I n c o n f o r m i t y w i t h t h e o r d i n a n c e s o f t h e C i t y o f M o a b , U t a h , t o c o n d u c t a E M B R O I D E R Y b u s i n e s 1 l o c a t e d w i t h i n t h e . C i t y o f M o a b , G r a n d C o u n t y , S t a t e o f U t a h c o m m e n c i n g o n 7 / 1 / 2 0 1 2 a n d e n d i n g o n 6 / 3 0 / 2 0 1 3 s u b j e c t t o t h e p r o v i s i o n s o f t h e C i t y o f M o a b o r d i n a n c e s , a n d h a v i n g p a i d t o t h e M O A B C I T Y T R E A S U R E R t h e s u m o f $ 8 0 . 0 0 d o l l a r s . L I C E N S E T Y P E : R E T A I L I n a c c o r d a n c e w i t h t h e o r d e r o f t h e M o a b C i t y C o u n c i l , t h i s l i c e n s e i s h e r e b y d u l y a u t h o r i z e d , g i v e n u n d e r m y h a n d a n d t h e s e a l o f t h e C i t y o f M o a b o n J u n e 1 9 , 2 0 1 2 . t C I T Y R E C O R D E R P a g e 3 6 o f 5 3 AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 26, 2013 " / / AGENDA ITEM #: 5-5 Title: Request for Amplified Sound at Old City Park by Moab Music Festival Fiscal Impact: None Staff Presenter(s): NA Department: Parks Applicant: Moab Music Festival — Aubrey Davis Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. Options: Approve, Approve with conditions, Deny or postpone Staff Recommendation: City staff recommend approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: "I move to approve the request by the Moab Music e Festival for amplified music at Old City Park on September 1 and 2, 2013" Attachment(s): Please see attached letter from the Moab Music Festival. Page 37 of 53 M•O•A•B MUSIC ..__FESTIVAL music in concert with the landscape February 12, 2013 Moab City Council 217 East Center Moab UT 84532 Attn. Donna Metzler Dear Ms. Metzler The Moab Music Festival respectfully requests a reservation for Old City Park on Sunday, September 1 and 2, 2013 for the Moab Music Festival's Free Family Picnic Concert. We make this request in order to offer a free amplified music concert to the general public as a part of the Festival's Education and Community Outreach. The concert will take place at 2:00 p.m. for approximately two hours. The balance of the time is required for Festival personnel to install and remove the sound equipment necessary for this performance. We appreciate your consideration of our request and look forward to having the opportunity to answer any questions that you may have. Very truly yours, Aubrey Davis External Relations Manger Michael Barrett, Music Director • Leslie Tomkins, Artistic Director 58 E 300 S Moab, UT 84532 • 4p3a,MfiW3 • www.moabmusicfest.org AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 26, 2013 AGENDA ITEM #: 5-6 and 5-7 / Title: Award of the Rotary Park Improvement Project bid, Approval of the Rotary Park Improvement Project Contract Fiscal Impact: $103,692 Staff Presenter(s): Rebecca Andrus, City Engineer Department: Engineering Applicant/Vendor: Stapp Construction Background/Summary: For our Rotary Park Improvements Project, the City received a total of four bids from the following companies: Tri-Hurst Construction, Terra Engineering & Construction, Stapp Construction, and Landmark Companies. Stapp Construction was the apparent low bidder with $103,692 on the base bid consisting of the parking lot, bathroom pad, sidewalks, stairs, irrigation system and related improvements. Their bid on Alternate #1, the concrete work for the basketball court was $17,000. The total budget available for the project is approximately $195,000 including the restroom cost of nearly $79,000. Additional electrical work and landscaping will also need to be completed with the budgeted funds. Therefore, it is not recommended to award Alternate #1. Options: Approve, Deny or Table Staff Recommendation: Approve the Base Bid Recommended Motion: I move to Award the Base Bid for the Rotary Park Improvements Project to Stapp Construction in the amount of $103,692. I move to approve the Construction Contract for the Rotary Park Improvements Project as presented. Attachment(s): Construction Contract Page 39 of 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Name Rotary Park Improvements Deadline February 15, 2013 3 pm 13a,o e_ Amount .4t 114 - I-1-tc.rS+' Covvytieudiovs J2ihetc. 1 %o. 958• &Pi i81000.00 1-Zrteck. E i -Covey+ LL-C., t 36). 355. 1° ACilaeo•60 5+et , p 'ovl 103. Cog2 P° 17.66600 Lew. wtaw K erlvsyceArt..t.e.}N i )6, 573. 9= 1 %100.00 Present at Bid Opening: )1aTIA#C1.d&L, 9e.bP_rrn %4ItlA.S ature• � ��� 13$ -6E3 131 2/15/2013 Page 40 of 53 City of Moab Recorder's Office CONSTRUCTION CONTRACT Page 41 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements CONSTRUCTION CONTRACT PROJECT TITLE: ROTARY PARK IMPROVEMENTS This CONTRACT is made this the t" day of , 2013, by and between the CITY OF MOAB, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and STAPP CONSTRUCTION, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as ROTARY PARK IMPROVEMENTS and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: Jeff Foster, Public Works Director ARTICLE 3 - CONTRACT TIME 3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for starting and completing the various stages of the Work, including any Milestones specified in this Contract and as more fully described in the General Conditions and other Contract Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary to accurately reflect plans for completion of the work, but no less frequently than required in the Contract Documents. CC - 1 Page 42 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.03 The Work shall be substantially complete within 45 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 60 calendar days after the date when the Contract Time commences to run. Contractor shall be expeditious in providing required documentation so that the Notice to Proceed can occur within 15 calendar days of the Notice of Award. Failure to do so may result in a reduction of the Contract Time specified above. 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. CC-2 Page 43 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements 4.02 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection services for this contract is $60 per hour. The rate for work by the CITY REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in Exhibit A, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all-inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Base Bid is One Hundred and Three Thousand Six Hundred Ninety Two Dollars and No Cents, ($103,692.00). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. In the event that actual quantities used and incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit A, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. CC-3 Page 44 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15th of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and CC-4 Page 45 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: CC-5 Page 46 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements 8.01 The Contract 8.02 Bid Proposal 8.03 The Construction Drawings 8.04 The Technical Specifications 8.05 Performance Bond and Payment Bond 8.06 Moab City Design Standards and Public Improvement Specifications (September 1999) 8.07 General Conditions (pages 1 to 47, inclusive) 8.08 Notice to Proceed to be issued after Contract award, prior to construction. 8.09 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; B. Work Change Directives; C. Change Order(s). ARTICLE 9 - INSURANCE 9.01 General Insurance Requirements: A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the types and amounts required in this section, with companies possessing a current A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the State of Utah with policies and forms satisfactory to CITY. B. Policies written on a "Claims made" basis are not acceptable without written permission from the City's Attorney. C. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of CITY, constitute a material breach of this Agreement and may result in termination of this contract. D. If any of the insurance policies are not renewed prior to expiration, payments to the CONTRACTOR may be withheld until these requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payments from any monies due the CONTRACTOR. E. All insurance policies, except Workers' Compensation and Professional Liability required by this Agreement, and self -insured retention or deductible portions, shall name, to the fullest extent permitted by law for claims arising out of the performance of this contract, the City of Moab, its agents, representatives, officers, directors, officials and employees as Additional Insureds. F. CONTRACTOR's insurance shall be primary insurance over any insurance available to the CITY and as to any claims resulting from this contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. CC-6 Page 47 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements G. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CC-7 Page 48 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form CG00011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and off loading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. CC-8 Page 49 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements 9.05 General Liability - Minimum Coverage Limits A. The General Liability insurance required herein, including, Comprehensive Form, Premises -Operations, Explosion and Collapse, Underground Hazard, Products/Completed Operations, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement shall be included with coverage limits of $5,000,000 per accident for bodily injury and property damage. 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. CC-9 Page 50 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements ARTICLE 11 - BONDS 11.01 Bid Security will be returned to the Contractor once the Contract is executed. 11.02 Contemporaneous with issuance of the Notice to Proceed, Contractor shall furnish to the City payment and performance bonds acknowledged by a surety licensed and authorized to do business in the State of Utah, in a form acceptable to the City, and in an amount equal to the total Contract Price. The bonds shall be attached to and incorporate by reference the Contract Documents. The bonds shall be issued pursuant to U.C.A. § 63-56-38 for the use and benefit of subcontractors, laborers, and material suppliers, and for the use and benefit of the City to secure Contractor's performance of its construction obligations under this Contract. Alternately, Contractor may provide an irrevocable letter of credit in a form acceptable to the City and naming the City as beneficiary for the purpose of satisfying its payment and performance bond obligations. 11.03 Bonds in amounts of $1,000.00 or less will be made in multiples of $100.00; in amounts exceeding $5,000.00, in multiples of $1,000.00; provided that the amount of the bond shall be fixed at the lowest sum that fulfills all conditions of the Contract. 11.04 The letter of credit, payment bond, and performance bond shall be released no later than one year from the last day of performance of labor or service or supplied equipment or material, provided that no person has provided a demand for payment as provided by law or commenced an action seeking payment against the City or under any such instrument within that time. In the event any person described in subsection (a), above, issues a demand or commences suit against the City, the City shall be entitled to draw upon the bond or letter of credit to the extent of all sums claimed, including reasonable attorney fees and court costs that may be incurred by the City. At its option, the City may elect to interplead said funds into a court of competent jurisdiction, at which point the City will be discharged of any further liability. In the event the City declares default under this Contract, it shall be entitled to proceed against the Performance Bond. 11.05 Contractor shall obtain written lien and payment waivers as specified in Exhibit A, attached, from all laborers, subcontractors and material suppliers contemporaneous with each payment advanced to those persons under this Contract. Upon final completion of the Contract, or upon tender of the final payment to each such subcontractor or material supplier, Contractor shall obtain a final lien and payment waiver. The waivers shall be on forms acceptable to the City, and Contractor shall deliver all such waivers contemporaneous with each disbursement pursuant to the Contract. The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 11.06 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. ARTICLE 12 - MISCELLANEOUS 12.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. CC - 10 Page 51 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements 12.02 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on , 2013. FOR THE CITY OF MOAB ATTEST: MAYOR City Recorder FOR THE CONTRACTOR ATTEST: If Corporation Signature Secretary STATE OF UTAH COUNTY OF GRAND ) )s ) On the day of , personally appeared before me same. , who duly acknowledged to me that they executed the Notary Public CC - 11 Page 52 of 53 City of Moab — Construction Contract Project: Rotary Park Improvements My Commission Expires: Residing in: Grand County Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of 20 by ("Subcontractor") in favor of the aty of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the City and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: CC - 12 Page 53 of 53