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HomeMy Public PortalAboutPKT-CC-2015-02-24Moab City Council February 24, 2015 Pre -Council Workshop 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CITY CENTER (217 East Center Street) CHAMBERS Agenda Page 1 of 98 Agenda Page 2 of 98 8Z 1 LZ A;lO geoW - wdL ueluoAue3 - wd0£:S 3 SZ4 @7 OdOJ - wd9 SZ Au geoW - wd0E:9 bZ ZZ OZ 1 as;eM puea0 wdL 64 al;se° - wd0E:9 Apanoo puea0-wdg R;unoo puea0-wd9 84 I!ounoO OJ - w d b L4 E41 uosdwoyl -wdL ;!O geoW - wdL AalleA al;sea - w d L uosdwoyl - wdg puea0 - wdOE:S Z41 3 SZ4 @ OdOJ- wd9 6u!snoH - wdZ 4 geopg - wdOE:9111 A;unoo puea0- wdg Apano3 puea0- wdg puea0 - wdOE:£ @7 SVOIV1N - wdE �n x!!N I!eal-wdZ4 0£S @� `dSSMO - w d L V0009 - wd0£:Z4 6� w rn 0 M N 23) (V 0- 9 �o ovum - wd0£:S y I b Pio - wd0£:S paeus niNni - wdg IlounoO OJ - wdt. 3 SZ4 @@ SVOJ - wdg AalleA geoW - wd£ geoW nsn - wdZ ;eS !a3 nyl PeM and uoW u n s co of Q (quail uie;unow) 540Z qej v 1 E 1 Z 1 4 1 4E1 OE1 6Z1 Alm geoW - wdL ueluoRueo - LuciOE:S 3 SZ4 @7 0c109 - wdg 43 geoW - wd0£:9 92 LZ 1 99. 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Knight School PUBLIC HEARING (Approximately 7:15 PM) 5-1 Proposed Resolution #08-2015 — A Resolution Amending the Fiscal Year 2014-2015 Budget SPECIAL EVENTS/VENDORS/BEER LICENSES 6-1 Red Rock Relay Moab May 8, 9 2015 6-1.1 Approval of a Special Business Event License for for Red Rock Relay, Located at 1515 US-191 and Swanny City Park 6-1.2 Approval of a Special Use of Swanny City Park for Red Rock Relay 6-2 Approval of a Special Event License for Delicate Stitchers to Conduct a Quilt Show, Located at 182 N. 500 W. on March 13, 14 and 15, 2015 6-3 Approval of a Vendor License for Christine and Kent Green, d.b.a. Moab Cowboy Country Off Road Adventures, Located at 83 South Main Street for a term of February 25, 2015 to February 24, 2016 Agenda Page 5 of 98 6-4 Approval of a Class II Beer License for Jennifer Garrard, d.b.a. La Hacienda, Located at 574 N. Main Street 6-5 Approval of Local Consent of a Full Service Liquor License for Jennifer Garrard d.b.a. La Hacienda, Located at 574 N. Main Street SECTION 7: NEW BUSINESS 7-1 Approval of Proposed Ordinance #2015-01— An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials' Salaries 7-2 Confirmation of Mayoral Appointment of Jeanette Kopell to the Moab City Planning Commission for a Term Ending December 31, 2019 7-3 Approval of Proposed Resolution # 09-2015 — A Resolution Approving a Local Government Contract By and Between the City of Moab And WCEC Engineers Inc. for the Lions Park Trail & Transit Hub Project For Project Management Services 7-4 Approval of a Request from John Knowles for Use of City Right of Way, Located at 50 South Main Street for an Annual Sidewalk Sale to be Held March 20 — 22, 2015 from 9:00 a.m. to 6:00 p.m. 7-5 Discussion Regarding the City Engineer Position SECTION 8: MAYOR AND COUNCIL REPORTS SECTION 9: READING OF CORRESPONDENCE SECTION 10: ADMINISTRATIVE REPORTS SECTION 11: REPORT ON CITY/COUNTY COOPERATION SECTION 12: APPROVAL OF BILLS AGAINST THE CITY OF MOAB SECTION 13: EXECUTIVE SESSION 13-1 An Executive Session to Discuss the Character, Professional Competence, or Physical or Mental Health of an Individual SECTION 14: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder's Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Agenda Page 6 of 98 MOAB CITY COUNCIL REGULAR MEETING January 13, 2015 The Moab City Council held its Regular Meeting on the above date in the Council Chambers at the Moab City Center, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre -Council Workshop to order at 6:30 PM. In attendance were Councilmembers Heila Ershadi, Gregg Stucki, Kyle Bailey, Doug McElhaney and Kirstin Peterson. Also in attendance were City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Stenta, City Treasurer Jennie Ross, Assistant City Engineer Eric Johanson, Police Chief Mike Navarre, Public Works Director Jeff Foster and Community Development Director David Olsen. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and led the pledge of allegiance. Twenty-four (24) members of the audience and media were present. Councilmember Peterson moved to approve the Regular Council Meeting Minutes of November 25, December 5 and 9, 2014. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Under Citizens to Be Heard, Sharon Relph spoke on behalf of Four Corners Behavioral Health. Ms. Relph thanks the council for supporting the building of affordable housing three years ago and stated that the housing had opened in December and they were able to move two homeless individuals into the new housing. Ms. Relph extended her appreciation to the City for all of their help. A Community Development Department Update was not given. Under Engineering Department Update, Assistant City Engineer Johanson reported that the 500 West Road Reconstruction bids had been opened by the Utah Department of Transportation (UDOT) and that the Lions Park Project bid was about to be advertised. Assistant City Engineer Johanson also stated that the engineering firm of Hansen Allen and Luce were preparing the Storm Drain Master Plan and that there had been a lot of development review in progress. Under Planning Department Update, City Planner Reinhart stated that staff was still working on the Planned Affordable Development January 13, 2015 REGULAR MEETING & ATTENDANCE PRE -COUNCIL WORKSHOP REGULAR MEETING CALLED TO ORDER APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE Agenda Page 1 of 4 Page 7 of 98 ordinance to include incentives to developers as well as working on the General Plan. City Planner Reinhart stated that applications had been approved for two hotels on Main Street and that Beehive homes had submitted an application for an assisted care facility. A Police Department Update was not given. Under Public Works Department Update, Public Works Director Foster stated that there had been a 500 West waterline break but that service had been restored. Public Works Director Foster then said that there would be a change order for the 500 West Waterline project but that the project was moving along quite well. Public Works Director Foster continued that Questar gas had completed their final walkthrough and that the Center Street Gym Roof specifications were coming together. Mayor Sakrison presented Brighton Torgerson with the Mayor's Student Citizenship of the Month Award for December 2014 for Helen M. Knight School. A presentation was made by Bo Call of the Department of Air Quality Regarding the Results of the Ozone Monitoring and Current Particulate Monitoring. Discussion followed. Councilmember McElhaney moved to approve a Class II Retail Beer License for Zachary Daniel Bynum, d.b.a. The Spoke LLC Located at 5 North Main Street to Conduct a Restaurant. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Bailey moved to approve Local Consent of a Full -Service Restaurant Liquor License for Zachary Daniel Bynum, d.b.a. The Spoke LLC Located at 5 North Main Street. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Local Consent of a Limited - Service Restaurant Liquor License for Devran Cengiz, d.b.a. Devran's Mediterranean Restaurant Located at 60 North 100 West. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to Award the City Prosecutor Services Proposal to the law firm of Cowdell and Wooley. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. Councilmember McElhaney moved to approve the City Prosecutor January 13, 2015 POLICE UPDATE PUBLIC WORKS UPDATE STUDENT OF THE MONTH PRESENTATION CLASS II RETAIL BEER LICENSE FOR BYNUM, DBA THE SPOKE LLC, APPROVED LOCAL CONSENT OF A FULL - SERVICE RESTAURANT LIQUOR LICENSE FOR BYNUM, DBA THE SPOKE LLC, APPROVED LOCAL CONSENT OF A LIMTIED-SERVICE RESTAURANT LIQUOR LICENSE FOR CENGIZ DBA DEVRAN'S APPROVED CITY PROSECUTOR SERVICES AWARDED CITY PROSECUTOR SERVICES Agenda Page 2 of 4 Page 8 of 98 Services Contract. Councilmember Peterson seconded the motion. The motion carried 5-0 aye. Councilmember Ershadi moved to approve Proposed Resolution #02- 2015 — A Resolution Approving an Employment Agreement by and between the City of Moab and Rachel E. Stenta for the Position of Interim City Manager. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to approve Proposed Resolution #01- 2015 — A Resolution Encouraging the State of Utah to Pursue a Comprehensive Transportation Funding Strategy. Councilmember McElhaney seconded the motion. The motion carried 5-0 aye. Councilmember Peterson moved to Send Proposed Ordinance #2015-01 — An Ordinance Amending the City of Moab Classified Hourly Pay Rate Schedule and Exempt and Elected Officials' Salaries to Public Hearing. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Stucki moved to approve Proposed Resolution #03-2015 — A Resolution Approving an Agreement between the City of Moab and Public Employees Health Plan for the Provision of Health Insurance Services. Councilmember Ershadi seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. Under Mayor And Council Reports, Councilmember Ershadi stated that she had attended a Conservation District Workshop and had found it very interesting. Mayor Sakrison read a letter from Moab Half Marathon Inc. regarding a donation of $1,000 to the City of Moab. Under Administrative Report, City Manager Metzler stated that the annual Visioning Workshop would be held on February 5 and 6, 2015 and that she and City Recorder/Assistant City Manager Stenta were working on a City Manager Transition Plan. City Manager Metzler continued that there would be a couple of personnel items on the next agenda and that department heads were busy with the mid -year budget January 13, 2015 CONTRACT APPROVED PROPOSED RESOLUTION #02- 2015, APPROVED PROPOSED RESOLUTION #01- 2015, APPROVED PROPOSED ORDINANCE #2015- 01 SENT TO PUBLIC HEARING PROPOSED RESOLUTION #03- 2015, APPROVED READING OF CORRESPONDENCE MAYOR AND COUNCIL REPORTS ADMINISTRATIVE REPORT Agenda Page 3 of 4 Page 9 of 98 opening process. City Manager Metzler also stated that the Personnel Policies and Procedures Update was completed. City Recorder/Assistant City Manager Stenta stated that there would be a City Manager Farewell Open House on February 12, 2015 from 4:00 PM to 6:00 PM. Under Report on City/County Cooperation, Mayor Sakrison stated that REPORT ON CITY/COUNTY he would contact County Council Chair Liz Tubbs to schedule a joint COOPERATION City/County Council meeting. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $440,082.34. Councilmember Stucki seconded the motion. The motion carried 5-0 aye by a roll -call -vote. Councilmember Peterson moved to Enter an Executive Session to Discuss Pending or Reasonably Imminent Litigation. Councilmember Stucki seconded the motion. The motion carried 5-0 aye. APPROVAL OF BILLS MOTION TO ENTER EXECUTIVE SESSION, APPROVED Councilmember McElhaney recused himself and left the meeting at 8:02 COUNCILMEMBER PM• MCELHANEY RECUSED An Executive Session was entered at 8:02 PM. Councilmember Stucki moved to close the Executive Session. Councilmember Peterson seconded the motion. The motion carried 4-0 aye. The Executive Session was closed at 8:20 PM. Councilmember Peterson moved to adjourn. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the Regular Council Meeting at 8:20 PM. APPROVED: ATTEST: David L. Sakrison Rachel E. Stenta Mayor City Recorder January 13, 2015 EXECUTIVE SESSION ENTERED MOTION TO CLOSE EXECUTIVE SESSION, APPROVED EXECUTIVE SESSION CLOSED MOTION TO ADJOURN, APPROVED ADJOURNMENT Agenda Page 4 of 4 Page 10 of 98 MOAB CITY COUNCIL MEETING February 24, 2o15 Agenda ltem #: 5-1 Title: Public Hearing for Resolution #08-2015—Amending the Fiscal Year 2014/2015 Budget Fiscal Impact: New expenditures are covered by new revenues; public hearing only Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Administration Applicant: n/a Background/Summary: This is our mid -year budget opening. I've attached a summary of all budget adjustments with explanations. As previously mentioned, there are very few items that need to be included in the budget opening, affecting only the General Fund, the Recreation Fund and the Community Devleopment Fund. In the General Fund, we received several state grants for the Police Department in the amount of $24,498, so both revenues and expenditures should be adjusted by this amount. We also received two other donations —one for the Spyhop youth video/film program in the amount of $750, and one from the Beehive Community Grant in the amount of $1,000. Accordingly, the Film Commission budget shows and increase of $750 for the program, and there is a new line line item called Mayor's Grants to be used for disbursal of the Beehive Grant. Most other changes in the General Fund have to do with the increased cost associated with switching our health care insurance provider. Luckily, these additional costs may be covered by interdepartmental transfers and increased revenue. For the Recreation Department, the changes reflect the addition of the Dodgeball program in the amount of $400. The Community Development fund shows a decrease, due to having spent several items in last year's budget year that had been carried over to the current year budget. One item of note that was not previously mentioned was the adjustment to the Administrative budget of $37,120 in the Salaries and Wages line item. This increase is necessitated for the unbudgeted leave time cashout for the departing City Manager. The adjustment is being covered by a decrease in expenses in the Planning Department Professional and Technical Services for funds previously budgeted for a code update/GIS Services ($30,000), as well as revenue from the auction of surplus city property. Options: Council can approve, table, or deny the proposed resolution at the next meeting. Agenda Page 11 of 98 Staff Recommendation: Staff recommends approval of the proposed resolution, after the public hearing is held. Recommended Motion: I move to approve Proposed Resolution #08-2015 — A Resolution Amending the Fiscal Year 2014/2015 Budget. Attachment(s): Proposed resolution #08-2015 Budget opening summary Agenda Page 12 of 98 Resolution #08-2015 Mid -year Budget Opening Summary 36973 MISC STATE GRANTS $ 24,498.00 Police Department State Grants 35010 FINES, FORFEITURES & PENALTIES $ 5,990.00 YTD increase in revenue 36400 SALE OF REAL/PERS. PROPERTY $ 24,000.00 Surplus City Property Auction Proc 36901 DONATIONS $ 1,750.00 Grants/Donations General Fund Revenue Total: $56,238.00 41313 Exec EMPLOYEE BENEFITS $ (29,500.00) Decrease in Executive Benefits 41410 Admin SALARIES & WAGES $ 37,120.00 Accrued Leave Cashout 41413 Admin EMPLOYEE BENEFITS $ 1,780.00 Health Insurance Increase 41513 Recorder EMPLOYEE BENEFITS $ 2,110.00 Health Insurance Increase 41546 Recorder SPECIAL DEPARTMENTAL SUPPLIES $ 2,000.00 Archive project 41550 Recorder COPIER SUPPLIES $ 4,000.00 Usage fee increase 41831 Planning PROFESSIONAL & TECH. SERVICES $ (30,000.00) General Plan consultant - not used 42013 Treasurer EMPLOYEE BENEFITS $ 1,610.00 Health Insurance Increase 42113 Police EMPLOYEE BENEFITS $ 11,600.00 Health Insurance Increase 42115 Police OVERTIME $ 8,274.00 Increase use of Overtime 42146 Police SPECIAL DEPARTMENTAL SUPPLIES $ 16,224.00 Grant Expenditures 42431 Inspection PROFESSIONAL & TECH. SERVICES $ 11,000.00 Increase in Bldg inspection ILA fee! 42613 Animal Ctl EMPLOYEE BENEFITS $ 1,610.00 Health Insurance Increase 44013 Highways EMPLOYEE BENEFITS $ 9,800.00 Health Insurance Increase 45113 Parks EMPLOYEE BENEFITS $ 4,300.00 Health Insurance Increase 45209 MRAC LIFEGUARD SALARIES $ 1,890.00 Increase in staffing costs 42813 Film Comm EMPLOYEE BENEFITS $ 670.00 Health Insurance Increase 42875 Film Comm SPECIAL PROJECTS $ 750.00 Grant Expenditures 46077 Mayor's Grants $ 1,000.00 Grant Expenditures General Fund Expenses Total: $56,238.00 Recreation Fund 66373 Dodgeball Tournament Revenue $ 400.00 Unbudgeted Tournament 70080 Dodgeball Tournament Expenses $ 400.00 Unbudgeted Tournament Community Development 39209 COMMUNITY DEV. FUND/BEG. BAL. $ (8,830.00) Carryover Canceled Revenue $ (8,830.00) 40004 ROTARY PARK $ (4,920.00) Spent in previous year 40023 SIGNAGE $ (3,910.00) Spent in previous year Expenses $ (8,830.00) Agenda /20/2015 1:\2014\Budget 2014-2015\Mid YeRNArNer19§ year 2014-2015 with Donna's edits Moab City Recorder's Office RESOLUTION # 08-2015 A RESOLUTION AMENDING THE FISCAL YEAR 2014/2015 BUDGET WHEREAS, the City of Moab has proposed to amend the 2014/2015 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2014/2015 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2014/2015 Budget Amended Amended Revenue Expenditures 1. General Fund $ 8,561,013 $ 8,561,013 2. Recreation Fund $ 398,297 $ 398,297 3. Community Development Fund $ 582,170 $ 582,170 2014/2015 Fiscal Year Budget Amendments FUNDS REVENUES EXPENDITURES General Fund ($56,238) $56,238 EXPENSES Executive ($ 29,500) Recorder $ 8,110 Administration $ 38,900 Planning ($ 30,000) Treasurer $ 1,610 Police $ 36,098 Building Inspection $ 11,000 Animal Control $ 1,610 Highways and Public Improvements $ 9,800 Parks $ 4,300 Swimming Pool $ 1,890 Film Commission $ 1,420 Mayor's Grants (new line item) $ 1,000 REVENUES Misc State Grants ($ 24,498) Fines, Forfeitures and Penalties ($ 5,990) Sale of Real/Personal Property ($ 24,000) Donations ($ 1,750) Recreation Fund ($ 400) $ 400 EXPENSES Teen Center- Dodgeball $ 400 REVENUES Dodgeball ($ 400) Agenda Ol 5 Page 1 of 2 Page 14 of 98 Community Development Fund $ 8,830 ($ 8,830) EXPENSES Rotary Park ($ 4,920) Signage ($ 3,910) REVENUES Beginning Fund Balance $ 8,830 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this day of March, 2015. ATTEST: Rachel E. Stenta City of Moab David L. Sakrison Mayor Agenda Ol 5 Page 2 of 2 Page 15 of 98 MOAB CITY COUNCIL MEETING February 24, 2oi5 Agenda. ltem #: 6-1 Title: Special Event License and Special Use of Swanny City Park for Red Rock Relay Fiscal Impact: Fees paid should cover costs associated with this event Staff Presenter(s): Rachel Stenta, Interim City Manger Department: Administration Applicant: Zack Collings, Red Rock Relay Background/Summary: Red Rock Relay has applied for use of Swanny City Park as well as a Special Business Event License to conduct their annual Moab Red Rock relay. The event has been changed from their original application to start at the Holiday Inn Express and finish at Swanny Park. Registration will also happen at the Holiday Inn Express. The requested dates for the event are May 8 and 9, with all -day park use scheduled for the 9th. The new start and registration location make things easier for city staff, as there would be no traffic control or noise issues for an early morning start at the park. There are a few conditions that should attach to the permits, as shown on the attached list of conditions. Options: The Council may approve, approve with conditions, deny or postpone the items. Staff Recommendation: Staff recommends Approval of the Special Business Events License and Special Use of Swanny City Park with conditions listed on the attached page 1 Recommended Motions: (1) "I move to approve the Special Business Event License for Red Rock Relay with the conditions attached to the staff memo." (2) I move to approve the Application for Special Use of City Parks for Red Rock Relay with the conditions attached to the staff memo. Attachment(s): List of Conditions of Approval Special Business Event License Application Special Use of Swanny City Park Application Supplementary material submitted by the applicant Agenda Page 16 of 98 List of 2015 Recommended Conditions for Approval of Red Rock Relay Requests 1. Provide additional recycling and refuse containers and ensure that they are emptied throughout the days of park utilization. 2. Provide porta-potties and place them on the street. Do not place anything along the red painted curb, at the sidewalk entrances, or in front of the crosswalk on 100 West. 3. Pay Park Permit Fees at least two weeks prior to the event. 4. Refrain from painting the street with markings. Use cones, flags, small signs and the like to indicate the course route. 5. Prior to the event, provide a copy of the UDOT permit for the event. 6. Limit vehicles on the grass to loading and unloading only. 7. Do not use stakes on the lawn for any purpose. 8. Coordinate with the Grand County Sheriff's Department for traffic control and safety issues outside city limits 9. Coordinate with Parks staff and Safety Officer prior to and on the day of the event for set-up. Agenda Page 17 of 98 a00.oa DATE PAID: AMOUNT PAID: RECEIPT No.: ,,V ro//S a�c7� /4sc,o 6 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET Mons, UTAH 84532 (435) 2595121 ! FAX (435) 259.4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB NAME OF on: Reef Rock Relay Moab DESCRIpnotiofEvart: 6-person Relay Run LOCATICN OF EVENT: SWanny Park PRUNES TO BE USED: Pavillion and grass SPECIAL EVENT FEE: PLUS (CIFOOCNE): TRANS/ENT On OR CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL Pets: LICENSE #: a qo °° TePORARYSTRUCTURES TOSEuseo(IFANY): Race Start Structure and pop-up tents DAT1 s)ANDTIr s)oFEvEHr: May 9, 2015 10amlpm Saturday only ANTICIPATED # Of DENT PARTICIPANTS: 10 06 TYPESCF VENDORS PARTCPATINGIN EVENT NA I=1NAINFCESGENERATED BYTHE EVENT (LE.ADHSSI0NCHARGES. BOOTH FEES. SAL alma& ETC}• Registrants pay fee of S80 through website prior to race EueaSpoNsefesaux: Red Rock Relay Moab - Zack Collings SPONSOR'SADDRESS: (Po BOX 971622 SPONSOR'S DRIVER LICENSE NUNOER& STATE OR OTHER PROOF Of IDENTrTY. SPONSCR'S SOCIAL SECURITY NUMBER: CrrY: lOrem STATE: NONE: 801-787-4597 UT ZIP: DATE CF BRTH: 84097 TYPE OFORWNIZATXRI:O PROPRIETORS/IP 0 PARTNERSHIP EORPoRATION 0 (SPECIFY): Even' SPONSOR'S�FSTAX ID#: �,NA►itEl REGISTERED MTHTHE STATE FOR TAX ID: Red Rock Relay LLC THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT UCENSE. THE ACTUAL LICENSE WILL BE ISSUEo AFTER CITY COUNCIL APPROVAL. IT 1S UIVIAWfuL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FinT OBTAINING A uCENsE. ALL PIFORmATiON MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A UCERSB WILL. BE DELAYED. uwE _ Zack Collings r�cnaa nno. HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE imni THE MOAB CM' ASS LICENSE REGULATIONS AS SET FORTH IN THE MOM CITY CODE, ORD IANCES AND RESOLUTIONS. AND SWFJIR uNUER pENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE UWE UNDERSTAND THIS LICENSE Is TRANSFERAma AND VALID ONLY fon THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOr�VIiE AGREE TO FILE THE PROPER REPORTS ie• STATE OF UTAK State of Uta�h�� County of t� ) SUBCRIBED AND SWORN to b TAR PUB UB C �- q2_11.15 e this day of J\ovwcArj , ?.GI 5 . ��•. Shanoe Van Wagoner' " Notary Public Srorc of Uruh My Commission Expires on: January 20. 2016 Comm. plumber: 652109 SEE BACK OF FORM FOR ADDMONAL REQUIREMENT! Agenda Page 18 of 98 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (1F APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: Friday night registration will be held at the Holiday Inn Express with a Start at 5:00 am also at the Holiday Inn Express Saturday morning LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CrrY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDmoNS: 07/01105 Agenda Page 19 of 98 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: RED ROCK RELAY MOAB DATE(S) OF EVENT: MAY 9, 2015 BUSINESS NAME OWNERS NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID RED ROCK RELAY TIM COLLINGS 50 w 4750 N PROVO UTAH RUNNING SHIRTS, ETC 1479-13-0001 09/08/03 Page 20 of 98 BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID 09/08%03 Page 21 of 98 ca C a) a CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 FOR ZONING OFFICE USE ONLY PARKING: MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: �xls-rlNel MUtIza ❑ YES REQUIRES PLANNING COMMISSION APPROVAL ❑ YES REVIEWED BY ZONING ADMINISTRATOR: DATE: 191' LP • I d i NAME OF APPLICANT: I I APPLICANT'S MAILING ADDRESS: Zack Collings PO Box 971622 are: PHONE: Orem 8017874597 STATE: Ut ZIP: 84097 1 Red Rock Relay Moab BUSINESS NAME: �{ j� BUSINESS LOCATION: Provo Utah - Prceilsliz T10N Pry LMUM( 1NI\l Ly:KEGS " MA"-• cbI 20j5 ZONE: IV �2 SFV-IAL�1- rFNIGH L1i.M. AT SWAN t“ CITY PO*-MAYgl, :A15 b - person relay event starting at the Holiday Inn Express and DETAILED DESCRIPTION OFBUSINESS ACTIVITY: _ending at Swanny Park 06/16/05 Agenda Page 22 of 98 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 he submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. upon approval of the application by the City Council, a special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Name of Person Responsible for Use of Park: Zack Collings Name of Organization and Event if applicable: Red Rock Relay Moab Address: ,PO Box 971622 Orem Utah 84097 Day Phone: 801-787-4597 Email: redrockrelay@gmail.com Which park to you intend to use? Swanny Park• h I other (please indicate name of park. Please indicate the pronosed dates and times of use: 9 PM Proposed Start Date: 5/9/15 Start Time: 10 _ AM End Time: Please specify what areas of the park are proposed for use:._ restrooms Pavillion and surrounding lawn, and 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. 1000 Number of participants you expect: Number of spectators that you expect: NA Please describe structures. tents. canopies, portable restrooms, etc. that you propose to set up at the park: We will have several small tents around the vicinity of the pavillion for refreshments. All portable restrooms will be placed on 100 w as in previous years. We will also have an inflatable Start/Finish line arch next to the pavillion. Will amplification be required for your event? Yes X No We will not used amplified sound before 7am Please specify any electrical needs for your event: Electricity in the pavillion IS Sufficient Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described, Parking in designated spots around the park If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. NA PLEASE COMPLETE OTHER SIDE Agenda Page 23 of 98 X Public Welcome Do you intend for the park to be open to the public during your event? Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Please describe any security or crowd control measures vnu plan for use of the park: None needed X No For groups over 100 people, please describe your refuse control and recycling Plan: Bob's Sanitation will provide garbage recepticles throughout the park Please describe your clean-up plan during and after the event: Course Setup Team will scour Park after the event. Please describe your restroom facility plan: Port -a -potty's will be provided by Zunich Bros Mechanical Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: RRR brings thousands of healthy and established individuals from many communities. Every participant stays at local hotels, buys local gasoline, buys local groceries. Please specify and describe other community or city facilities that you plan to use: NA Have you applied for a Special Event Permit for this use? Yes X No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X — No I certify that the information contained in this application is true and correct. 1 agree to abide by the City of Moab Parks Policies and any conditions attache+.z-,ti:_ permit. Signature of Contact Person: 1/20/15 Date: Public Works Review: Police Department Review. Administrative Review. Park Use Fee: Date Fee Paid: Date of City Council Approval. Insurance Received: Final Set up Diagram Received. Special Conditions or Requirements: Other Required Permits and Approvals Agenda Page 24 of 98 Swarmy Park a� 400Non» Street Aquatic Center Playground Registration and Mer handlse Safes &Covered' le Tables 100 50 0 100 200 N SCALE FEET .1„ - 100' To Main 51 One Block Agenda Page 25 of 98 Event Check -In Friday night from 6-9 pm athletes will complete team check -in at the Holiday Inn Express. Location: Holiday Inn Express 1515 US-191 Moab . Team captains or members may check -in for the entire team, but we recommend all members come for the fun and to ensure proper sizing of shirts etc. . Teams will receive their RRR package that includes team shirts, bib numbers, baton bracelet, captain gift, RRR tattoos, & other surprises! . We will have a retail area set up with custom RRR merchandise for sale. We'll also have 2015-16 registrations available (captains that register will receive an early bird hook up for joining us early) IMPORTANT! Race Check -in and Starting Runner Check -in are NOT the same thing. We STRONGLY advise that all teams have a representative check -in Friday night at the Holiday Inn Express. For teams who are unable to do so may check -in at the Holiday Inn Express a minimum of 90 minutes prior to the start of their team. First leg runners are required to do an additional runner check -in 30 minutes prior to race start to confirm the team's participation. Drivers Meeting MANDATORY DRIVERS MEETING: All team van drivers must attend a mandatory drivers meeting as mandated by UH P and UDOT. Drivers will receive special instruction as to how to navigate the course safely and in compliance with the rules and regulations of UDOT, UHP, GRAND COUNTY SHERIFF and the BLM. All teams are responsible to abide by these rules and will be ticketed and/or disqualified from the race if violations occur. The drivers meeting will be held Friday night between 8:30 and 9:00 at the Holiday Inn Express. Start Line Runner 1 must arrive at the start no later than 30 minutes prior to their assigned start time. Please remember that the temperatures race morning could range from 40-55 degrees. The early runners should plan accordingly for warmth, etc, especially if you have an earlier start time. MOR>OCK 4 Agenda Page 26 of 98 ME D R 0 Clezia R EL AY A Arches Rational Park it stass MOAB "'' Finish D gad. Horse S t ate Park C4ac s 41.1,67 Spanish Valley q. I at: La Sal llauntath* R OROCK 12 Agenda Page 29 of 98 Course Maps Full Course Map 8.5k 7k 5.4k 3.5 k 3k 7 mi RFoRocK 13 mi 20 mi 25 mi 35 mi 40 mi 45 mi Elevation Profile 55 mi 15 60 mi Agenda Page 30 of 98 ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYY1) 02/04/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Advance Insurance -Orem 248 South State Orem, UT 84058 Phone: (801) 226-1100 Fax: (801) 226-7039 Mr" Jed Hassinger PHONE Est). (801)229-8644 FAXitijcNol:tuna)229-8645 EMAIL n ADDRESS' !edhass€9er @gmall.com INSURER(S) AFFORDING COVERAGE NAIC 0 INSURER A: Abacus Insurance Brokers INSURED RED ROCK RELAY LLC Zack Collings 50 West 4750 North Provo UT 84604- INSURER B INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUER W M POUCY NUMBER POLIC'— SMM/DO/YYYTUMM/OD/YYYYL, POLICY EXP LIMRS X COMMERCIAL GENERAL LIABILITY EKX8001129-00 05/09/2015 05/10/2015 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREMISES (E Errrence) $ 100,000 X Includes Athletic MED EXP (Any one person) $ 5,000 Participants PERSONAL & ADV INJURY $ 1,000,000 GEN'L 1POLICY AGGREGATE OTHER LIMIT APPLIES jE X PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $PRO2,000,000 $ AUTOMOBILE _ LIABILITY SCHEDULED AUTOS NON•OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ accident Per BODILY INJURY ( ) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA UAB EXCESS UAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTON$ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS below N / A PER OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - FA EMPLOYEE $ E.L DISEASE - POLICY UMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addltlonal Remarks Schaduto, may ba attached II more space Is requtred) Event: Red Rock Relay Moab: May 9th-10th 2015 Certificate holder is named as additional insured as regards to liability arising out of the operations of the named insured. CERTIFICATE HOLDER CANCELLATION Moab City 217 East Center Street Moab, UT 84532 I ACORD 25 (2014/01) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Agenda Page 31 of 98 MOAB CITY COUNCIL MEETING February 24, 2°15 Agenda. ltem #: 6-2 [Title: Approval of Special Event Licenses for Delicate Stitchers Quilt Show Fiscal Impact: None Staff Presenter(s): Rachel Stenta, Interim City Manger 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 13, 14 and 15, 2015 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 Agenda Page 32 of 98 DATE PAID: 1 r ai ~ /S � AMOUNT PAID: aQ RECEIPT NO.: / i71.5•0 G CITY OF MOAB SPECIAL BUSINESS 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: PLUS (CHECK ONE): ❑ TRANSIENT (S90): OR 71 CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE #: ZONE: $200.00 acor NAME OF EVENT: DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: i e cct.Q__ s-1 1,(11,4) al() Go.ck 4A,jc sre0-' eAGtf t�, �- TEMPORARY STRUCTURES TO BE USED (IF ANY): / *.n..A.Q, DATE(S) AND TIME(S) OF EVENT: ti.a, e1, � � / `4/ i s ANTICIPATED # OF EVENT PARTICIPANTS: 4�l) TYPES OF VENDORS PARTICIPATING IN EVENT: hilla- J NUMBER OF VENDORS PARTICIPATING: p� y ((;j } (CUZ 1 t I I' � � / )tC),�Q�/l EXPU]N FEES GENERATED BY THE EVENT (f.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): i ��C�u�, _,G.Y%r . l i.�` G�� (,� h C� hdC1, 6-1.1} EVENT SPONSOR'S NAME: SPONSOR'S ADDRESS: SPONSOR'S DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION;p PROPRIETORSHIP ID PARTNERSHIP n CORPORATION ❑OTHER (SPECIFY): EVENT SPONSOR'S SALES TAX 1D #: 1 65 U� .2-- / S" NAME REGISTERED W4TH THE STATE FOR TAX ID: 1, ..- �� LA-' v ?lei 1 -ar&-- `(� 1114.4�(dA-`✓ PHONE: Sr7 - 6 L CITY: STATE: DATE OF BIRTH: THIS FORM 1S 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 WI BE DELAYED. 1 i/-�y /--(C- h ! r� INVE L PLEASE PRINT wune(S) HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. INVE UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLYFOR THE ABOVE MENTIONED LOCATION ND -A PLICANT (SPONSOR)..IE AGREE � TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. Signature of Sponsor i State of UtaJ1,/ )f ) SS County of Grand ) SUBCRIBED AND SWORN to before me this NOTARY PLIBU Date f 4 ,"'""" My Comm I.xpires Dec 11, 2016 SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! oZ -7 day of SA-n u-•.•,/ , o1u! _, X- 1 JENNIE ROSS Notary Public ' State of Utah Comm. No. 661521 Agenda Page 33 of 98 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. 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: Agenda Page 34 of 98 07/01/05 CITY OF MOAB SPECIAL EVENT LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE USE ONLY C.-/ PARKING: (1T7),.(lj MOAB CITY CODE: SIGN PERMIT: ///`7 t MOVED -ON NECESSARY: ❑ YES C NO REQUIRES PLANNING ,,�/ COMMISSION APPROVAL ❑ YES 17 NO REVIEWED BY ZONING ADMINISTRATOR: DATE: /- a-, a0rS R kI NAME OF APPLICANT: I APPLICANT'S MAILING ADDRESS: kt-LES-( PHONE:- Sa02_ 3V �'I l' (1 0 C CITY: `7)-'I r'-('Z �� STATE: (. 1- ZIP: NAME OF EVENT; _ 1 l y ` f L U j , _ r} "iii:i , LOCATION OF EVENT: a24 ZONE: g il( F V 5 l C�y 6 J a)2 - �C.LC�r'[VJ--- DETAILED DESCRIPTION OF SPECIAL EVENT; Agenda Page 35 of 98 06/16/05 cit O, 4� MOAB BY THE AUTHORITY OF THE CITY COUNCIL OF MOAB, UT THIS CERTIFICATE OF LICENSE IS HEREBY GRANTED TO ENTRADA EMBROIDERY LICENSE NO. 1166 Not Transferable FROM: 07/01/2014 EXPIRES: 06/30/2015 LOCATED AT: 125 E 300 S In conformity with the ordinances of the City of Moab, Utah, to conduct a EMBROIDERY business located within the City of Moab, Grand County, State of Utah commencing on 07/01/2014 and ending on 06/30/2015 subject to the provisions of the City of Moab ordinances, and having paid to the MOAB CITY TREASURER the sum of $90.00 dollars. LICENSE TYPE: RETAIL In accordance with the order of the Moab City Council, this license is hereby duly authorized, given under my hand and the seal of the City of Moab on June 16, 2014. CITY RECORDER Agenda Page 36 of 98 MOAB CITY COUNCIL MEETING February 24, 2015 Agenda item #: 6-3 Title: Approval of a Vendor License for Christine and Kent Green, d.b.a. Moab Cowboy Country Off Road Adventures, Located at 83 South Main Street for a term of February 25, 2015 to February 24, 2016 Fiscal Impact: n/a Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Recorder/Treasurer/Planning Applicant: Kent and Christine Green Background/Summary: This application is for a vendor license. The applicant was approved last year for a vending structure located at 83 South Main Street. There were no issues with the previously approved license. There is one other vendor currently approved for this location. Staff has reviewed the proposed application and finds that it meets the requirements of our vendor ordinance. 1 Options: The City Council may approve, deny or postpone this item. Staff Recommendation: Staff recommends approval of a Private Property Vendor License for Christine and Kent Green at 83 South Main Street. Recommended Motion: I move to approve a vendor license for Christine and Kent Green, d.b.a. Moab Cowboy Country Off Road Adventure. Attachment(s): Vendor Application Agenda Page 37 of 98 DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB VENDOR (REQUIRES CITY COUNCIL APPROVAL - YEARLY), BUSINESS LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 34532 (435) 259.5121 ! FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OFMOAB FEE: $ (As DETERMINED BY RESOLUTION) LICENSE #: ZONE: BUSINESS NAVE: l Y l 60.10 0.61.w �1 0-64,ni `a 1 ` �` � 1 AS BUSINESS PHONE: �3Sr�:21 (� // 10 � BUSINESS MAILING ADDRESS; ec ! 314 CITY: 01646 STATE: -� ZIP: U /V 3 2- e-mail address: (ncrCti- Catiej cl Cr.xe C1rnwi 1, c_c rri 4 m�+ idepoi oojk5 ejpia i 1. Gr ar Locations) where business will be conducted: J !/ �f Attach agreement of authorization from properly owner(s) C ,r �n �� including employee use of Restroom Facililies J � / l J Length of time and/or specific dales business wil be conducted: y � a- r Irou, r_c Proposed hours of operation: D GT-/Y1 — IC P NI Type (see definitions): ❑ Cart ❑ Vehicle ❑ Display Apparatus Vendor Type (see definitions): ❑ Street Vendor ❑ Sidewalk Vendor ❑ Private Property Vendor $ Local Vendor ❑ Food Vendor Goods, wares, services or merchandise to be sold or offered for sale: V 4Cje_.al -rOU.✓S BUSINESS OWNER'S NAMNAME:C r & {Iic�.tCc- 1[�,(�'t, # Le,/-b^i- 64-ce/) r ,H 4 4- g�-{/�O 4 OWNER'S ADDRESS: 1:3 1 06 't-� r U CITY: F 00,6 STATE: W1 ZIP: `1,3"--32 OWNER'S DRIVER LICENSE NUMBER & STATE CR OTHER PROOF OF IDENTITY: OWNER'S SOCIAL SECURITY NUMBER: DATE OF BIRTH: OPERATOR'S NAME (IF DIFFERENT FROM owNER): OFERATOR'S ADDRESS (IF DIFFERENT FROM OWNER): CITY: STATE: ZIP: PHONE: SALES TAX ID ti (ATTACH PROOF FROM UTAH TAX COLIMISSION); NAME REGISTERED MTH THE STATE FOR TAX ID: - (119g9 5I 13 q 0(. 1 - 00 y - s-Tc. C.Ife- E weer? PLEASE REVIEW AND COMPLETE THE ATTACHED VENDOR CHECKLIST AND BUSINESS LICENSE CHECKLIST ONCE YOUR COMPLETE APPLICATION HAS BEEN SUBMITTED, IT WILL BE REVIEWED BY THE VENDOR COMMITTEE. YOU WILL BE CONTACTED IF MORE INFORMATION IS REQUIRED TO PROCESS YOUR APPLICATION. YOUR FEE WILL BE CALCULATED AFTER COMMITTEE REVIEW. ONCE YOUR FEE IS PAID, YOUR APPLICATION WILL THEN BE FORWARDED TO THE MOAB CITY COUNCIL FOR APPROVAL. PROCESSING AND APPROVAL MAY TAKE 4-6 WEEKS. SEE BACK OF FORM FOR ADDITIONAL, REQUIREMENTS! Agenda Page 38 of 98 THIS FORM IS AN APPLICATION FOR A BUSINESS LICENSE, THE ACTUAL LICENSE WILL BE ISSUED ONLY WHEN ALL INSPECTIONS HAVE BEEN APPROVED, ALL FEES HAVE BEEN PAID, ALL SUBMITTALS HAVE BEEN RECEIVED AND THE APPLICATION HAS BEEN COMMITTEE REVIEWED, STAFF APPROVED AND APPROVED BY THE MOAB CITY COUNCIL (IF APPLICABLE). ALL INFORMATON 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. INJE rt nn-e - HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY PLEAsE PANT NAVE(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 1S NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND OWNER. 1IWE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah County of Grand 01% Z7 �26is— Dala ) § SUB • :i AND SWORN to before me this 07 day of JP.,r1 it>,,` �� i ARY ' !': LIC DEFINITIONS: C V NAVARRE Notary Public State of Utah My Commission Expires on: August 22, 2018 Comm. Number: 678939 i Cart: A small mobile cart or wagon that occupies a temporary location on a sidewalk or private property and is a humanly propelled wheeled vehicle that may contain food or other items for sale. o Stationary mobile cart. A cart having functional wheels and an axle that occupies one temporary location for a specified period of time. Y Display apparatus: A nonpermanent structure such as a table, stand, wagon, tray, cart, tents with three sides open or other displays for the sale of goods, merchandise, food, wares or services on private property. Teepees shall not be considered a display apparatus and shall not be used for vending purposes. Y Vehicle: A motorized vehicle used for displaying, storing or transporting of articles offered for sale by a Vendor and is currently licensed and registered by the Department of Motor Vehicles. Y Vendor:Any person(s) engaged in the selling or offering for sale of food, beverages or merchandise on private property, public streets or sidewalks. The term "Vendor" includes (but does not include solicitor or soliciting activities as defined in Code Chapter 5.14.): a Street vendors, o Sidewalk Vendors, o Private property Vendors, and o Food Vendors, » Local Vendor: Any person or any agent, or employee of any person who shall offer for sale to the public any goods, wares, services, merchandise or foodstuffs in or from any temporary structure, stand, or other approved place in the city and who has a permanent place of business within Moab City or Grand County. i Private Property Vendor: Any business that exhibits, displays, offers for sale or sells any food, beverages, goods, wares or merchandise from a cart, fixed cart, stationary mobile cart, display apparatus, or vehicle located in a described location on private property. Merchandise may be displayed on display apparatus as defined below. r Sidewalk Vendor: Any person who sells or offers for sale from temporary locations for limited durations on any public sidewalk (excluding city parks and Mill Creek Parkway) any goods, wares, merchandise, services, food or beverages from a cart or by foot from a pack, basket or similar container, or hand held display. Y Street Vendor: Any person travelling by vehicle, bicycle or other street -legal conveyance on public or private streets and who carries, conveys, Or transports goods, wares or merchandise and offers them for sale. I1/27/2013 T: II3 USINESS LICENSESOUS LIC FORAIS16us Lic - Venda). rerrsun.docr Agenda Page 39 of 98 V( DESCylPTION OF THE DISPLAY, APPARATUS OR CART `IF APPLICABLE) INCLUDING: 7 IMENSIONS OF THE STRUCTURE OF STRUCTURE iHOTOGRAPHS TE PLAN TO A SCALE OF NOT LESS THAN VVEQUALS ONE FOOT SHOWNG: ❑ THE COMPLETE PERIMETER OF THE PROPERTY WITH DIMENSIONS ALL STRUCTURES AND DIMENSIONS U ALL DISTANCES FROM BUILDINGS AND PROPERTY LINES ❑ LOCATIONS OF ALL DRIVES, PARKING AREAS, LOADING AREAS AND SIGN LOCATIONS ON THE PROPERTY ❑ LANDSCAPED AREAS WITH DIMENSIONS ❑ ALL EASEMENTS IMPACTING THE PROPERTY 0 SIGN PLAN VENDOR APPLICATION CHECKLIST ❑ CERTIFICATION OF INSURANCE (IF OPERATING ON CITY PROPERTY OR RIGHT-OF-WAY) OM — CI BACKGROUND CHECK (1F PROPOSING OPERATION IN A RESIDENTIAL ZONE) ❑ FILL OUT ATTACHED INFORMED CONSENT AND RELEASE OF LIABILITY FORM N HEALTH INSPECTION REPORT (IF APPLICABLE) ❑ IF APPLICANT PROPOSES TO HANDLE OR OFFER FOODSTUFFS FOR SALE, ATTACH AN INSPECTION REPORT FROM THE SOUTHEASTERN UTAH HEALTH DISTRICT SANITARIAN, DATED NOT MORE THAN TEN DAYS PRIOR TO THE DATE OF APPLICATION. ALL APPLICANTS AND STRUCTURES MUST COMPLY WITH ALL APPLICABLE STATE OF UTAH HEALTH REGULATIONS. ZONING COMPLIANCE EVIDENCE ❑ COMPLETE ATTACHED COMPLIANCE FORM ❑ ATTACHED PROPERTY OWNERS AUTHORIZATION LETTER ❑ ATTACHED WRITTEN RESTROOM AGREEMENT ❑ REFUSE/RECYCLING PLAN (IF APPLICABLE) ® PRE OR BUILDING INSPECTION (IF APPLICABLE) ❑ COMPLETE ATTACHED INSPECTION SHEET ❑ SPECIAL EVENT AUTHORIZATION (IF APPLICABLE) ❑ ATTACH A STATEMENT OF AUTHORIZATION FROM THE SPECIAL EVENT SPONSOR IF APPLICANT INTENDS TO CONDUCT BUSINESS ON THE PREMISES OF SPECIAL BUSINESS EVENT. ATTACH ADDITIONAL INFORMATION INDICATED BELOW: II/?7/2013 T.-BUSINESS LICf:NSL•SMUS LIC FORAISIRrr,r tic - Vendor revisori.dnc Agenda Page 40 of 98 LICENSE APPROVALS MOAB CITY COUNCIL AGENDA DATE: Il APPROVE❑ DISAPPROVED REASON(S): SPEC3AL CONDITDONS: CITY PLANNING ❑ APPROVED ❑ DISAPPROVED REASON(S): CITY RECORDER © APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY RECORDER COMMITTEE REVIEW DATE: 0 APPROVED 0 DISAPPROVED REASON(S): Fee Calculation: Mobile Vendor Fee Structure Administrative Fee" $600 one time fee Solid Waste Fee/Food vendors Limited Term (less than 30 days) Long Term (1 month-12 months) $10 $610 $20 per month or partial month Flat Fee (includes administrative fee) per month (plus admin fee) `Waived for local vendors with permanent htisiness adnress in Grand County 11i27.21113 TAUS'1r1ESSUCENSL'SIR SL.IC'FORA1S'ausLie-f'endorOVIisva,dues -. 'vital Fee Agenda 1 Page 41 of 98 4 BUILDING INSPECTOR (435) 259-1344/1345 125 EAST CENTER INSPECTION REQUIRED: C YES © NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION ! 8 �' S APPROVED 0/DISAPPROVED Q REASON: SIGNATURE Agenda DISAPPROVED ❑ FOR OFFICE USE ONLY REASON FOR INSPECTIONS: ❑ INSPECTIONS REQUIRED FOR AN EXISTING BUSINESS ADDING ANEW SERVICE(S).INDICATE SERVICE(S: ) BUSINESS NAME: BUSINESS ADDRESS: OWNER'S NAME: I) TYPE OF BUSINESS (EXPLAIN IN DETAIL): CITY OF MOAB BUSINESS LICENSE INSPECTIONS 217 BAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 Sronne A-krne_s vve__ rncek m 44%/2_ ' e,t r {Y�a - OY ����t� fic rat' L LC_ BUUSSINNE,gg'PHHONNNEE: v1..0 - /'ice-0 7J[ . OWNER'SPHONE` Ci -3- e._ -7-Do4r5- . h.ezt_ci O , Leje_14. ve_ dv- n 0-f-f5 C 2 HE FOLLOWING INSPECTIONS MAY BE REQUIRED. PLEASE CALL AND SCHEDULE AN APPOINTMENT FOR INSPECTIONS. FIRE INSPECTOR (435) 259-5557 45 SOUTH 100 EAST INSPECTION REQUIRED: © YES Or NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED,I [ bISAPPROVED ❑ REASON: vv \\ Page 42 of 98 HEALTH INSPECTOR (435)259-5802 575 KANE CREEK BLVD INSPECTION REQUIRED: ❑ YES / NO (SIGNATURE REQUIRED) IF YES, DATE OF INSPECTION APPROVED? REASON/ 07/01105 Lay ivioao 217 East Center Street Moab, Utah 84532 Business License Zoning Compliance Application To be filled out by the applicant: /� j� Name of Applicant: 1��� d V { `ns�i Certaw-t)6(-Yeo Business Name: '1(Ylo61./ 0-(xdoa un "i ` 6/h:4A-el iecivt-u-rG Address: C731' C CQ/lA-C-r 1, eo t5r-i: l 1 L1 � U► t-E1-(G1"A:kW:- 443S- ';2?0 ()-(f(Ag Property owner: Vendor Type (see Monk Municipal Code Chapter 5.64.010 for definitions): ❑Street Vendor ❑Sidewalk Vendor ❑Private Properly Vendor VLocal Vendor ❑Food Vendor Typo (see Moab Munich 'al Code Chapter 5.64.010 for definitions): a , ❑ Cart ❑ Vehicle 1�Display Apparatus �D�+ Detailed description of business activities: Gl 0fi f~ fC-s� lbU-ti , f Q r,,�t. �-,n OW W Gla `��1 +ram � mAs rye, (Amu-, thAi .sfis ,o! icui1(iS he-Gu nd 41,e- Svat. Cert. one.-IrkYrer rneCA. pe_alaier Total number of off-street parking spaces: � A-A-rda ilcztot- OY Plctc-sv Dui, Avid) Hours of operation garrl 1019/7"/ To he filled out by city: Zoning: Allowed use per Moab Municipal Code section: Number of parkins, spaces required for permanent business. Number of parking; spaces required for other businesses. Zoning Administrator Date Agenda Page 43 of 98 CITY OF MOAB 217 EAST CENTER STREET" MOAB, UTAH 84532-2534 (435) 259-5121 FAX (435) 259-4135 Property Owner Authorization Letter Date. City of Moab Treasurer's Office 217 E. Center St. Moab, UT 84532 q This letter is to certify that I, 'X o 4 �� !/ ft..y (property owner name) am the owner of the property located at ;- go , (property address and parcel tax ID #I) I understand that X') c • k-(//1 d- aOrict&-- Crete has applied for a business Iicense for (name of business license applicant) 1/4 " &U/beij fivy ��� Al� (applicant business game) `' from the City of Moab and that their business will be located from the above described address. I hereby give my permission to allow this activity from my property and authorize use of my restroom facilities for employees of the above listed business. 0, Signature 3 z s y Telephone # Printed Name Email Please list additional businesses authorized to use the above property and restroonz facilities: rrlo �\An Y)11‘)Q 4 Agenda Page 44 of 98 1- rs X 99.E/ —t 1Nlif rso MOAB TOWN BLOCK 14 IN SECTION I. T265, R2IE, SL11&M OLSENLI1d0R AT C0011111SELLBT• • 1ST BASTSIVERT Q14.,.1 CENTER STREET (D STREET)59—, LOT 3 N 59`4 462 0. 4 ; I 0114 0011 1141/.00:X.,11. 01.100041 • . I ma :to co III 014-TI.V1.1)42A 01.11140301 . _ >es 0010111 OM Cr.31,041.10,1 11•• al L11111111 .• LILT .001041.11,TRIIIITE 1141010,1,1101.081(111UST N•00 4/0104111 .0 11111141.1 YC 1§ LOT 4 C4001 E 1001l • 1R , 1114..IIC 01 1114.1 114.111.0.111 1111114.1 111103 a Owen urset 1.114. 110.11V GULLETTE 0141404 wlrrlav EPCALO 1.4C 01•11160.1 [1,1110 141 1: r•c, S 89°41 F.462.1T LOT 2 LOT I FIRST SCAM I (C MEET) 211' 23C 462 so Graphic Scale • 21. I al' b. t 1.10111.1110NT Ai 1ST $01,111.1111/1• 1ST E451 SUER Agenda Page 46 of 98 \it -\-i-rocf3 00 u oN,W)01' 0,D2)0_,A'Y crejCi 9'2°Y\I nW1=....••••%, oi xaDj-,9 =a .• •• • • • • • ' - -f , Page 47 of 98 MOAB COWBOY COUNTRY IFROAD igt 4-3S-220-07 6 a Homo of MR Original U-Drnar Hells R9VG IGLIF r MOAB CITY COUNCIL MEETING February 24, 2015 Agenda item #: 6-4 Title: Approval of a Class II Beer License for Jennifer Garrard, d.b.a. La Hacienda, Located at 574 N. Main Street and Local Consent of a Full Service Liquor License Fiscal Impact: All applicable fees have been paid by the applicant. Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Administration Applicant: Jennifer Garrard Background/Summary: This application is for a Class II Beer License and Local Consent, which entitles the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the State of Utah Liquor Control Act and ordinances of the City of Moab. Staff has determined that a formal background check is not required for this type of license. The Police Chief has reviewed this application and has determined that the application is in order. Options: The City Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommends approval of this application. Recommended Motion: "I move to approve item #6-4 and #6-5" Attachment(s): Application materials 1 J Agenda Page 49 of 98 DATE PAID: AMOUNT PAID: RECEIPT No.: CITY OF MOAB RETAIL BEER* LICENSE APPLICATION 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 1 FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB ❑ CLASS I FEE: #�[ CLASS II FEE: ❑ PRIVATE CLUB ❑ CLASS III FEE: 0 CLASS IV FEE: LICENSE 11: $200.00 $200.00 $720.00 $90.00 $90.00 APPLICANT'S PERSONAL INFORMATION FULL NAME: HOME ADDRESS: - ! �•�� r • LLI.� )g t CITY: yyi (� � SOCIAL SECURITY NUMBER: DRIVER LICENSE {NUMBER & STATE: HOME PHONE: A.e I i STATE (4,i ZIP' II"" ■ DATE OF BIRTH: '7 BUSINESS INFORMATION BUSINESS NAME: BUSINESS ADDRESS: BUSINESS MAILING ADDRESS: SALES TAX I D #: A BUSINESS PHONE: _ CITY: STATE: r L ZIP: WARNING!! ALL LICENSES, EXCEPT CLASS III, REQUIRE A STATE LICENSE! STATE APPROVAL COULD TAKE 30 DAYS OR MORE TO PROCESS! CONTACT THE STATE NOW! THIS APPLICATION IS MADE FOR A LICENSE TO SELL BEER* UNDER THE FOLLOWING LICENSE: (CHECK ONE) ❑ CLASS I CLASS 11 ❑ PRIVATE CLUB ❑ CLASS III ❑ CLASS IV Will you al ❑ No �d Retail License shall entitle Licensee to sell Beer only on the premises licensed on draught and in original containers, for consumption on or off the premises, in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer in the original containers, on the premises for consumption on the premises, in accordance with the Liquor Control Act and Ordinances of the City, and shall be issued solely to Restaurants, Cafes and other establishments whose primary purpose is the dispensing of food. Same conditions as Class I and Class II Beer Licenses. Retail License shall entitle the Licensee to sell Beer on the premises licensed in original containers, for consumption off the premises in accordance with the Liquor Control Act and the Ordinances of the City. Retail License shall entitle the Licensee to sell Beer on the premises licensed on draught and in Original containers, for consumption On the premises in accordance with the Liquor Control Act and the Ordinances of the City limited to the dates specified. io serve liquor, wine or heavy beer (over 3.2% by weight)? YES (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: *Beer application is for 3.2% by weight only. Also requires a State license. 09/? U05 Agenda J Page 50 of 98 3. ve 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 1V. 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 O REASON: SIGNATURE MOAB CITY COUNCIL AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): SPECIAL CONDITIONS: Agenda Page 51 of 98 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 44, relating to labeling and advertising, and regulation 5 relating to unfair competition and unlawful practice. STATE OF UTAH COUNTY OF GRAND } : SS F U Applicant's Signature -3-e_f1AZ;1-es" C�ift4%c~( ,being first duly sworn, on his/her oath deposes and says: That he/she is the applicant above named; that he /she has read the foregoing application, and knows and understands the contents thereof; that the same is true to his/her own knowledge. Subscribed and sworn to before me on this 09 day of F�4. Notary Public DAWN M CORN 0 �! ��:•� Notary Public State of Utah Comm. No. 678689 f •» My Comm. Expires Aug 1, 2018 M Agenda Page 52 of 98 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 City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a full -service restaurant liquor license to: Business Name (DBA): L t Alai th4b#21- Applicant Entity/Business Owner: IIC Location Address: �y NI, , NIII N cv-r , KORTsj util- Q349'j'2-- Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC Local Consent 1/2012 Agenda Page 53 of 98 ORDINANCE NO.2015-01 AN ORDINANCE AMENDING THE CITY OF MOAB CLASSIFIED HOURLY PAY RATE SCHEDULE AND EXEMPT AND ELECTED OFFICIALS' SALARIES WHEREAS, the Moab City Personnel Policies and Procedures Manual allows that pay ranges may be adjusted periodically to accommodate increases in the cost of living; and WHEREAS, the Moab City Personnel, Policies and Procedures Manual calls for using standard state and national measures to determine cost of living adjustments; and WHEREAS, the Utah Bureau of Labor Statistics showed that the Cost of Living Increase for the State of Utah from 2012-2013 was greater than 2%; and WHEREAS, the 2014/2015 Fiscal Year Budget Shows a 2% Cost of Living Increase for all employees covered by the Pay Rate Schedule; and WHEREAS, the proposed "City of Moab Classified Hourly Pay Rate Schedule" is attached to this resolution as Attachment A, respectively; and WHEREAS, Moab Municipal Code Section 2.44.010 states that all salaries of the elective and appointive officers of the City and the other employees of the City shall be fixed by motion or resolution of the City Council as in accordance with existing law. NOW, THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB RESOLVE TO ADOPT The City of Moab Classified Hourly Pay Rate Schedule (Attachment A) and Exempt and Elected Official Salaries (Attachment B) as referred herein effective July 1, 2014. DATED this 10`h day of February 2015. ATTEST: Rachel E. Stenta City Recorder SIGNED: David L. Sakrison Mayor rdinance #2015-01 Agenda 1 Page 54 of 98 February 10, 2015 City Of Moab - Compensation Chart 2014-2015 - Attachment A Grade Min A B C D E F G H I J K 1 10.3 10.61 10.93 11.27 11.6 11.96 12.31 12.68 13.06 13.45 13.84 14.27 2 10.83 11.15 11.46 11.8 12.16 12.53 12.92 13.31 13.69 14.11 14.51 14.97 3 11.31 11.64 12.01 12.36 12.72 13.11 13.5 13.89 14.33 14.75 15.19 15.64 4 11.87 12.21 12.59 12.96 13.36 13.74 14.16 14.59 15.02 15.48 15.93 16.41 5 12.41 12.79 13.17 13.57 13.98 14.4 14.83 15.27 15.72 16.21 16.69 17.2 6 13.01 13.39 13.79 14.22 14.63 15.09 15.53 15.99 16.48 16.98 17.48 18.01 7 13.65 14.07 14.47 14.9 15.36 15.83 16.3 16.78 17.31 17.82 18.37 18.89 8 14.29 14.71 15.16 15.61 16.08 16.58 17.07 17.57 18.11 18.65 19.21 19.79 9 14.97 15.42 15.87 16.35 16.86 17.36 17.88 18.42 18.96 19.53 20.12 20.73 10 15.66 16.14 16.63 17.13 17.65 18.17 18.71 19.29 19.85 20.45 21.06 21.68 11 16.42 16.93 17.43 17.95 18.5 19.04 19.61 20.21 20.82 21.45 22.07 22.74 12 17.21 17.72 18.25 18.8 19.37 19.95 20.54 21.15 21.8 22.44 23.1 23.81 13 18.04 18.58 19.15 19.71 20.31 20.9 21.54 22.2 22.85 23.54 24.25 24.97 14 18.88 19.45 20.03 20.63 21.26 21.89 22.51 23.22 23.92 24.63 25.38 26.12 15 19.79 20.38 20.97 21.6 22.26 22.93 23.61 24.33 25.05 25.81 26.57 27.37 16 20.71 21.33 22 22.66 23.36 24.04 24.75 25.51 26.25 27.07 27.89 28.71 17 21.72 22.38 23.05 23.75 24.46 25.18 25.95 26.72 27.53 28.38 29.21 30.09 18 22.76 23.45 24.14 24.88 25.61 26.4 27.17 28 28.85 29.7 30.59 31.51 19 23.85 24.56 25.32 26.06 26.85 27.66 28.5 29.37 30.21 31.12 32.07 33.02 20 24.99 25.73 26.52 27.32 28.13 28.97 29.86 30.74 31.67 32.61 33.6 34.6 E1 26.17 26.97 27.8 28.63 29.49 30.36 31.28 32.2 33.18 34.17 35.2 36.24 E2 27.44 28.25 29.11 29.99 30.89 31.81 32.77 33.73 34.74 35.8 36.86 37.96 E3 28.75 29.62 30.51 31.43 32.37 33.32 34.33 35.35 36.41 37.51 38.65 39.81 E4 30.11 31.02 31.93 32.91 33.89 34.9 35.96 37.04 38.13 39.29 40.45 41.67 E5 31.55 32.5 33.5 34.47 35.51 36.58 37.68 38.83 39.98 41.17 42.41 43.67 S1 8 8.22 8.48 8.72 9 9.26 9.53 9.83 10.12 10.42 10.72 11.05 S2 8.11 8.36 8.6 8.86 9.14 9.4 9.67 9.98 10.27 10.59 10.9 11.23 S3 14.42 14.85 15.3 15.76 16.24 16.71 17.23 17.74 18.27 18.81 19.38 19.95 S4 14.64 15.1 15.54 16 16.49 16.98 17.48 18.01 18.55 19.13 19.69 20.28 S5 26.04 26.82 27.62 28.46 29.3 30.18 31.09 32.04 32.99 33.98 35.01 36.05 S6 26.46 27.24 28.05 28.91 29.76 30.67 31.58 32.53 33.52 34.52 35.56 36.62 Page 15 of 98 City Of Moab - Compensation Chart 2014-2015 - Attachment A Grade L M N O P Q R S T U E V W 17.04 1 14.69 15.14 15.59 16.04 16.54 17.55 18.07 18.62 19.18 19.75 20.35 2 15.41 15.87 16.35 16.85 17.35 17.88 18.41 18.95 19.52 20.11 20.72 21.34 3 16.13 16.61 17.11 17.63 18.15 18.69 19.25 19.83 20.43 21.03 21.68 22.33 4 16.92 17.42 17.94 18.49 19.04 19.6 20.2 20.81 21.44 22.07 22.74 23.42 5 17.71 18.24 18.79 19.36 19.93 20.53 21.14 21.79 22.44 23.11 23.81 24.52 6 18.55 19.13 19.68 20.28 20.88 21.51 22.15 22.82 23.5 24.21 24.95 25.7 7 19.46 20.05 20.66 21.28 21.91 22.56 23.24 23.93 24.65 25.4 26.15 26.94 8 20.39 20.97 21.61 22.28 22.93 23.61 24.34 25.05 25.81 26.58 27.38 28.19 9 21.35 21.98 22.13 23.33 24.01 24.74 25.48 26.23 27.02 27.84 28.67 29.53 10 22.35 23.01 23.69 24.42 25.13 25.89 26.66 27.48 28.29 29.14 30.02 30.92 11 23.43 24.12 24.86 25.6 26.34 27.15 27.98 28.82 29.69 30.58 31.51 32.46 12 24.52 25.26 26.02 26.81 27.61 28.45 29.29 30.16 31.07 32 32.97 33.96 13 25.71 26.49 27.27 28.09 28.95 29.82 30.71 31.62 32.57 33.55 34.56 35.6 14 26.91 27.72 28.58 29.43 30.3 31.19 32.14 33.11 34.1 35.12 36.17 37.25 15 28.2 29.04 29.93 30.81 31.73 32.69 33.67 34.67 35.71 36.78 37.88 37.95 16 29.58 30.47 31.39 32.31 33.28 34.29 35.31 36.38 37.47 38.6 39.76 40.95 17 30.99 31.91 32.88 33.87 34.89 35.93 37.02 38.11 39.25 40.42 41.64 42.89 18 32.46 33.43 34.43 35.46 36.52 37.62 38.76 39.93 41.13 42.36 43.63 44.95 19 34.02 35.04 36.08 36.11 38.29 39.45 40.63 41.85 43.11 44.4 45.73 47.1 20 35.64 36.7 37.81 38.94 40.11 41.32 42.54 43.83 45.15 46.49 47.89 49.33 E1 37.34 38.46 39.62 40.82 42.04 43.29 44.58 45.94 47.32 48.74 50.2 51.7 E2 39.12 40.3 41.5 42.74 44.01 77.17 46.7 48.1 49.54 51.03 52.56 54.14 E3 40.99 42.23 43.49 44.79 46.12 47.51 48.94 50.43 51.94 53.5 55.1 56.75 E4 42.92 44.22 45.53 46.91 48.32 49.76 51.26 52.8 54.39 56.01 57.69 59.43 E5 44.99 46.34 47.72 49.15 50.64 52.16 53.72 55.34 57 60.47 62.27 64.14 S 1 11.38 11.71 12.08 12.43 12.81 13.19 13.59 14.01 14.43 14.86 15.31 15.77 S2 11.57 11.92 12.27 12.64 13.03 13.41 13.8 14.23 14.65 15.1 15.54 16.01 S3 20.56 21.18 21.81 22.47 23.13 23.83 24.55 25.29 26.05 26.84 27.64 28.47 S4 20.88 21.51 22.16 22.83 23.5 24.21 24.94 25.69 26.47 27.25 28.07 28.92 S5 37.13 38.24 39.38 40.58 41.79 43.05 44.33 45.67 47.04 48.45 49.9 30.17 S6 37.72 38.85 40.01 41.2 42.44 43.72 45.03 46.38 47.77 49.2 50.67 52.2 Page t of 98 Grade X Y Z 1 20.95 21.58 22.24 2 21.97 22.63 23.32 3 22.99 23.68 24.4 4 24.11 24.84 25.58 5 25.26 26.01 26.8 6 26.48 27.26 28.08 7 27.74 28.58 29.44 8 29.04 29.92 30.81 9 30.43 31.33 32.27 10 31.84 32.8 33.79 11 33.43 23.82 24.53 12 34.98 36.03 37.11 13 36.67 37.77 38.9 14 38.36 39.53 40.72 15 40.19 41.39 42.64 16 42.18 43.44 44.75 17 44.18 45.5 46.88 18 46.3 47.69 49.12 19 48.51 49.97 51.47 20 50.82 52.35 53.91 E1 53.26 54.86 56.51 E2 55.76 57.44 59.15 E3 53.16 54.75 56.4 E4 61.2 63.04 64.93 E5 66.07 68.04 70.08 S1 16.25 16.73 17.24 S2 16.49 16.98 17.49 S3 29.33 30.2 31.11 S4 29.78 30.68 31.6 S5 31.08 32.02 32.98 S6 53.76 55.39 57.04 City Of Moab - Compensation Chart 2014-2015 - Attachment A Page %7 of 98 ATTACHMENT B Exempt and Elected Official Salaries Section 1. Yearly salary range for the following exempt positions only: City Manager — Grade E5 $65,875 — $126,261 Police Chief — Grade E3 $60,030 — $111,708 Public Works Dir. — Grade 18 $49,799 — $92,707 Recorder — Grade 17 $45,351— $84,397 Treasurer — Grade 14 $39,421— $73,331 Section 2. Yearly salary rates for the following elected official positions: Mayor $12,000 Councilmembers $ 8,400 in health and dental care coverage: Fa-mily $17,059 $1,332 $3,275 Two party Spe-use $12,070 $344 $3,275 $11,544 $375 $3,275 Sin& $5;198 $42-2 $4-76-50 Information about all Moab City financial transactions can be found at: htto://www.utah.gov/transparencv Agenda Ordinance #2015-01— Attachment B Page 58 of 98 Moab City Board Appointments Date of Appointment (Council Meeting) 2/24/2015 Board Name Term Length Term Expiration Name Address Telephone # Notes Replaces Previous Board Member Mayor's Signature Planning Commission five years 12/31 /2019 Board Member Persona/ Info Jeanette Kopell P.O. BOX 820 435-259-5194 Jeanette Kopell Agenda irn to Moab City Recorder's Office Page 59 of 98 2/20/2015 MOAB CITY COUNCIL MEETING February 24, 2oi5 Agenda item #: 7-3 r" Title: Resolution #09-2015: A Resolution Approving a Local Government Contract By and Between the City of Moab And WCEC Engineers Inc. for the Lions Park Trail & Transit Hub Project For Project Management Services Fiscal Impact: The Lions Park Project entails $366,000 in city funds as a match for the Scenic Byways and Transportation Enhancement grants the City [. received. The $10,761.30 contemplated in this contract is part of the city match previously committed. Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Administration Applicant/Vendor: NA Background/Summary: The City has previously contracted with WCEC Engineers Inc for project management of the Lions Park Trail & Transit Hub Project. The project has spanned years, and now a renewal of the project management contract is required to continue and complete the project. Our project manager continues to be Rustin Anderson. The project is progressing and staff will have an update for City Council during departmental reports. Options: Approve, Approve with Changes, Deny or Postpone Staff Recommendation: Staff recommends approval of the agreement as presented. Recommended Motion: "I move to approve Resolution #09-2015 as presented." Attachment(s): Local Government Contract N Agenda Page 60 of 98 Resolution # 09-2015 A RESOLUTION APPROVING A LOCAL GOVERNMENT CONTRACT BY AND BETWEEN THE CITY OF MOAB AND WCEC ENGINEERS INC. FOR THE LIONS PARK TRAIL & TRANSIT HUB PROJECT, FOR PROJECT MANAGEMENT SERVICES Whereas, the governing body of the City of Moab desires to enter into a contract with WCEC Engineers Inc. to provide project management services for the Lions Park Trail & Transit Hub Project pursuant to the Utah Department of Transportation's guidelines; and Whereas, the Contract has been presented to this meeting of the City Council; NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY ADOPT THE CONTRACT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE AND DELIVER SAID AGREEMENT. This resolution shall take effect immediately upon passage. Passed and adopted by action of the Governing Body of Moab City in open session this 24th day of February, 2015. Attest: Rachel E. Stenta City Recorder CITY OF MOAB By: David L. Sakrison Mayor Agenda ---' rtion #09-2015 Page 1 of 1 Page 61 of 98 CONSULTANT COPY LOCAL GOVERNMENT CONTRACT STATE OF UTAH LOCAL. GOVERNMENT ENGINEERING SERVICES 2013-2016 LG POOL (DIRECT SELECT) UNIT PRICE CONTRACT NO. EFFECTIVE DATE TRACKING NO. Project No.: F-LC19(14) PIN Description: LIONS PARK TRAIL & TRANSIT HUB FINET Prog No.: 5337113C PIN No.: 9020 Work Discipline: Project Management 1. CONTRACTING PARTIES: This contract is between City of Moab, referred to as LOCAL AUTHORITY and WC E C Engineers Inc 9980 South 300 West Ste 200 Sandy, UT 84070 Legal Status of Consultant: For Profit Corporation Fed ID No.: 86-1136352 referred to as CONSULTANT, and approved by the Utah Department of Transportation, referred to as DEPARTMENT. 2. REASON FOR CONTRACT: The LOCAL AUTHORITY does not have sufficient qualified staff to complete the work required in the suggested time frame and the CONSULTANT is professionally qualified and willing to assist the LOCAL AUTHORITY with Project Management services as further described in Attachment C. 3. PROJECT/CONTRACT PERIOD: The project/contract will terminate March 2, 2016, unless otherwise extended or canceled in accordance with the terms and conditions of this contract. 4. CONTRACT COSTS: The CONSULTANT will be paid a maximum of $10,761.30 for costs authorized by this Contract as further described in Attachment D. 5. ATTACHMENTS INCLUDED AS PART OF THIS CONTRACT: Attachment A — Certification of Consultant and Local Authority Attachment B — Standard Terms and Conditions Attachment C — Services Provided by the Consultant Attachment D — Fees Attachment E — Insurance The parties below hereto agree to abide by all the provisions of this contract. IN WITNESS WHEREOF, the parties sign and se this contract to be executed. CONSULTAN By: Title: Printed Name: tiers Inc LOCAL AUTHORITY - City of Moab �? -M /S By: Date Title: Printed Name: UTAH DEPARTMENT OF TRANSPORTATION DEPARTMENT Comptroller's Office By: Title: Engi 2-R'GS nstruction Date By: Title: Contract Administrator Date Date Agenda Revised 8/2012014 Page 62 of 98 CERTIFICATION OF CONSULTANT By signing this contract on behalf of the CONSULTANT, I hereby certify I am a duly authorized representative of WC EC Engineers Inc and that neither I nor the above CONSULTANT I hereby represent has: (a) employed or retained for commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid, or agreed to pay to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as hereby expressly stated (if any): I acknowledge that this certificate is to be furnished to the Utah Department of Transportation and the Federal Highway Administration in connection with this contract involving participation of Federal -aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. CERTIFICATION OF LOCAL AUTHORITY By signing this contract on behalf of the LOCAL AUTHORITY, I hereby certify I am the duly authorized representative of City of Moab and that the above CONSULTANT or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this contract, to: (a) employ or retain, or agree to employ or retain, any firm or person, or (b) pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as hereby expressly stated (if any): I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Agenda /14 Page 63 of 98 Page Al of 1 LOCAL GOVERNMENT ENGINEERING SERVICES CONTRACT STANDARD TERMS AND CONDITIONS 1. AUTHORITY: Provisions of this contract are pursuant to the authority set forth in Sections 27-12-21, 107 and 108; and 63-56 U.C.A. 1953, as amended, and the Utah State Procurement Regulations, which authorizes the LOCAL AUTHORITY and/or the DEPARTMENT to make purchases in accordance with said laws and regulations. 2. CONTRACT JURISDICTION AND COMPLIANCE WITH LAWS: The provisions of this contract shall be governed by the laws of the State of Utah. Also, the CONSULTANT and those engaged by the CONSULTANT shall comply with all Federal, State and local laws, regulations and other legally binding requirements that pertain to the services provided under this contract. Proof of the CONSULTANTS compliance with licensing requirements shall be furnished to the LOCAL AUTHORITY and/or the DEPARTMENT upon request. 3. RECORDS ADMINISTRATION: The CONSULTANT shall maintain all books, papers, documents, accounting records and other evidence to support costs billed for under this contract. These records shall be retained by the CONSULTANT for a period of at least four (4) years after the contract terminates, or until all audits initiated within the four years have been completed, whichever is later. These records shall be made available at all reasonable times during the four year period for audit and inspection by the LOCAL AUTHORITY and/or the DEPARTMENT and other authorized State and Federal auditors. The CONSULTANT'S records supporting the cost proposal shall also be retained and made available for review by authorized Federal or State staff. Copies of requested records shall be furnished to the LOCAL AUTHORITY and/or the DEPARTMENT upon request. 4. CONFLICT OF INTEREST: The CONSULTANT certifies that none of its officers or employees are officers or employees of the State of Utah unless disclosure has been made in accordance with Section 67-16-8, U.C.A. 1953, as amended. The CONSULTANT certifies that no engineer, attorney, appraiser, inspector, surveyor or survey crew, or other person performing services for the CONSULTANT has, directly or indirectly, a financial or other personal interest, other than his employment or retention by the LOCAL AUTHORITY and/or the DEPARTMENT, in any contract or subcontract in connection with this project (Reference 23 CFR § 1.33). An example of this situation would be the CONSULTANT subcontracts with the Contractor to perform survey work while contracted by the LOCAL AUTHORITY and/or the DEPARTMENT to perform construction engineering management services for the same project. The CONSULTANT further warrants that it has no financial or other interest in the outcome of the work performed under the contract. Examples of this situation would be a Consultant who owns land, options to buy land, or some business enterprise that would be financially enhanced or diminished by any project alternatives. 5. EMPLOYMENT OF DEPARTMENT EMPLOYEES: The CONSULTANT agrees not to engage in any way the services on this contract of any present or former Utah Department of Transportation employee who was involved as a decision maker in the selection or approval processes or who negotiated and/or approved billings or contract modification for this contract. 6. CONSULTANT, AN INDEPENDENT CONTRACTOR: The CONSULTANT shall be an independent contractor, and as such, shall have no authority, express or implied to bind the LOCAL AUTHORITY and/or the DEPARTMENT to any agreement, settlement, liability, or understanding whatsoever; and agrees not to perform any acts as agent for the LOCAL AUTHORITY, except as specifically authorized and set forth herein. Persons employed by the LOCAL AUTHORITY and acting under the direction of the LOCAL AUTHORITY shall not be deemed to be employees or agents of the CONSULTANT. Compensation provided to the CONSULTANT herein shall be the total compensation payable hereunder by the LOCAL AUTHORITY. 7. INDEMNITY - LIABILITY: The CONSULTANT shall hold harmless and indemnify the DEPARTMENT and the LOCAL AUTHORITY, their officers, agents and employees from and against any and all claims, suits and cost, including attorneys fees, for injury or damage of any kind to the extent arising out of the Agenda J14 Page 64 of 98 Page B1 of 12 negligent acts, wrongful acts, errors, or omissions of the CONSULTANT, or its subconsultants when acting within the scope of their subcontract, or their respective agents, employees or representatives. The CONSULTANT is an independent contractor contracted with the LOCAL AUTHORITY and approved by the DEPARTMENT. Any periodic plan and specification review or construction inspection performed by the LOCAL AUTHORITY or DEPARTMENT arising out of the performance of the contract, does not relieve the CONSULTANT of its duty in the performance of the contract, or ensure compliance with customary standard of professional care. 8. SEPARABILITY: The declaration by any court, or other binding legal source, that any provision of this contract is illegal and void and shall not affect the legality and enforceability of any other provision of this contract, unless said provisions are mutually dependent. 9. LIABILITY INSURANCE: Services to be provided by the CONSULTANT under this contract are required to be covered by insurance. The CONSULTANT shall furnish the LOCAL AUTHORITY and the DEPARTMENT a Certificate of Insurance applying to this contract for each type of insurance required, to be approved by the DEPARTMENT and the LOCAL AUTHORITY, before the CONSULTANT begins work under this contract. The CONSULTANT'S insurer must be authorized to do business in Utah and must meet the specified A.M. Best rating or better at the time this contract is executed. The following insurance shall be maintained in force until all activities which are required by this contract or as changed by contract modification are completed and accepted by the LOCAL AUTHORITY and the DEPARTMENT: (a) General Liability and Automobile Liability insurance with a limit of not less than $1,000,000 per occurrence and not less than $2,000,000 aggregate and having an A.M. Best rating of A -class VIII or better. The limit if different for this contract will be as designated in Attachment C to this contract. If this coverage is written on a claims -made basis, the Certificate of Insurance shall so indicate. The CONSULTANT represents that as long as commercially available the insurance shall remain in effect such that claims reported up to three (3) years beyond the date of substantial completion of this contract are covered. (b) Architect and/or Engineers Professional Liability (errors and omissions) insurance having an A.M. Best rating of A -class VIII or better, is required at the coverage amount of $1,000,000 per claim and $2,000,000 aggregate. If this coverage is written on a claims -made basis, the Certificate of Insurance shall so indicate. The CONSULTANT represents that as long as commercially available the insurance shall remain in effect such that claims reported up to three (3) years beyond the date of substantial completion of this contract are covered (on construction contracts or modifications for construction management the insurance, shall remain in effect for one (1) year after completion of the project). (c) Valuable Papers & Records Coverage and/or Electronic Data Processing (Data and Media) Coverage for the physical loss or destruction of the work product including drawings, plans, specifications and electronic data and media. Such insurance shall be of a sufficient limit to protect the CONSULTANT, its sub -consultants, the LOCAL AUTHORITY, and the DEPARTMENT from the loss of said information. (d) Aircraft Liability in the amount of $1,000,000 per occurrence if aircraft are utilized in connection with this contract. (e) The CONSULTANT shall provide evidence that his employees and sub -consultant employees are covered by Workers Compensation. If they are covered by Workers Compensation Fund of Utah, then the A.M. Best rating is not required in this area. (f) The CONSULTANT shall require the insurance company that issues the Certificates of Insurance for the evidence of the required insurance coverage to endeavor to provide the DEPARTMENT and the LOCAL AUTHORITY with 30 days written notice in the event that coverage is canceled before the policy expiration date stated in the Certificate. The CONSULTANT further agrees to Agenda J14 Page 65 of 98 Page B2 of 12 provide the DEPARTMENT and the LOCAL AUTHORITY with 30 days written notice prior to making an alternation or material change to the required insurance coverage. Policies referred to in 9(a) and 9(d) above are required to be endorsed naming the LOCAL AUTHORITY, UDOT, and the State of Utah as Additional Insureds and, on General Liability and Aircraft Liability, indicate they are primary and not contributing coverage. All required policies, endorsements, insurance companies issuing same, and self insured programs are subject to review and approval by the State of Utah, Risk Manager. 10. HEALTH INSURANCE: The CONSULTANT agrees that if the CONSULTANT has an initial contract of 1.5 million dollars or more, or the contract and modifications are anticipated in good faith to exceed 1.5 million dollars, or the CONSULTANT has a subcontract at any tier that involves a sub -consultant that has an initial subcontract of $750,000 or more, and/or the CONSULTANT has a subcontract at any tier that is anticipated in good faith to exceed $750,000; hereby certifies the following. The CONSULTANT and all applicable sub -consultants have and will maintain an offer of qualified health insurance coverage for their employees, as defined in UCA Section 34A-2-104 for the employees who live and/or work within the State of Utah, along with their dependents, during the duration of the contract. Employee, for purposes of these requirements, shall be no broader than the use of the term employee for purposes of State of Utah Workers' Compensation requirements. The Executive Director or designee shall have the right to request a recertification by the CONSULTANT by submitting a written request to the CONSULTANT, and the CONSULTANT shall so comply with the written request within ten (10) working days of receipt of the written request; however, in no case may the CONSULTANT be required to demonstrate such compliance more than twice in any 12-month period. The CONSULTANT and all applicable sub -consultants will be subject to all applicable penalties. The CONSULTANT will provide these same requirements in all applicable subcontracts at every tier. 11. PROGRESS: The CONSULTANT shall begin the work required by this contract within one week following official notification by the DEPARTMENT to proceed. The CONSULTANT shall prosecute the work diligently and to the satisfaction of the LOCAL AUTHORITY and the DEPARTMENT. If Federal Funds are used on this contract the work will be subject to periodic review by the Federal Highway Administration. The CONSULTANT will prepare monthly progress reports following the format established by the LOCAL AUTHORITY and the DEPARTMENT in sufficient detail to document the progress of the work and support the monthly claim for payment. Payments will not be made without a supporting progress report. In addition, the CONSULTANT will update the DEPARTMENT'S "electronic Program Management' (ePM) system bi-weekly to reflect the status of the project. Progress conferences will be held periodically. The CONSULTANT will prepare and present written information and studies to the LOCAL AUTHORITY and the DEPARTMENT so it may evaluate the features and progress of the work. Any one of the three parties may request a conference; to be held at the office of any, or at a place designated by the LOCAL AUTHORITY or the DEPARTMENT. The conferences shall also include inspection of the CONSULTANT'S services and work products when requested by the LOCAL AUTHORITY or the DEPARTMENT. The CONSULTANT will be required to perform such additional work as may be necessary to correct errors caused by the CONSULTANT in the work required under the contract without undue delays and without additional cost to the LOCAL AUTHORITY and the DEPARTMENT. At any time the CONSULTANT determines the contract work cannot be completed within the specified time or budget, the LOCAL AUTHORITY and the DEPARTMENT shall be immediately notified in writing. The LOCAL AUTHORITY and the DEPARTMENT may, at their sole discretion, extend the contract by written modification. The LOCAL AUTHORITY or the DEPARTMENT may terminate this contract in accordance with termination provisions of this contract including failure of the CONSULTANT to make satisfactory progress of the contract work. Agenda /14 Page 66 of 98 Page B3 of 12 Should the LOCAL AUTHORITY or the DEPARTMENT desire to suspend the work, but not terminate the contract, this will be done by verbal notification followed by written confirmation from the LOCAL AUTHORITY or the DEPARTMENT. The work may be reinstated upon 30 days advance written notice from the LOCAL AUTHORITY or the DEPARTMENT. Unless extended or terminated in writing, this contract will terminate on the expiration date, or at the end of the specified calendar days. 12. REVIEW AND INSPECTION OF WORK: It is expressly understood and agreed that authorized representatives of the LOCAL AUTHORITY, DEPARTMENT and, when Federal Funds are used, the Federal Highway Administration shall have the right to review and inspect the work in process, and the CONSULTANT'S facilities, at any time during normal business hours or by appointment. 13. NON DISCRIMINATION PROVISIONS: The CONSULTANT agrees to abide by the provisions of the Utah Anti -discrimination Act, Title 34 Chapter 35 U.C.A. 1953, as amended, and Title VI and Title VII of the Civil Rights Act of 1964 (42 USC 2000e), which prohibits discrimination against any employee or applicant for employment, or any applicant or recipient of services, on the basis of race, religion, color, or national origin; and further agrees to abide by Executive Order No. 11246 entitled "Equal Employment Opportunity," as amended by Executive order 11375 and as supplemented in Department of Labor Regulations (41CFR Part 60), which prohibits discrimination on the basis of age; and Section 504 of the Rehabilitation Act of 1973, which prohibits discrimination on the basis of handicap. The CONSULTANT agrees to abide by Utah's Executive Order, dated June 30, 1989, which prohibits sexual harassment in the work place. Sections 49 CFR 21 through Appendix H and 23 CFR 710.405(b) are applicable by reference in all contracts and subcontracts financed in whole or in part with Federal -aid highway funds. The CONSULTANT further agrees to furnish reports to the LOCAL AUTHORITY and/or the DEPARTMENT upon request for the purpose of determining compliance with these statutes identified in this section. The CONSULTANT shall comply with the Americans With Disabilities Act (ADA). The CONSULTANT shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of federal -aid contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the DEPARTMENT deems appropriate. During the performance of this contract, the CONSULTANT, for itself, its assignees and successors in interest agrees as follows: (a) Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to nondiscrimination in federally -assisted programs of the 49 CFR Part 21, and the 23 CFR Part 200 as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (b) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, disability/handicap, and low income status in the selection and retention of subconsultants, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR § 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (c) Solicitations for Subconsultants, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subconsultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability/handicap, and low income status. (d) Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the DEPARTMENT to be pertinent to ascertain compliance with such Regulations, orders and Agenda )/14 Page 67 of 98 Page B4 of 12 (e) (fl instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the DEPARTMENT, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the CONSULTANT's noncompliance with the nondiscrimination provisions of this contract, the DEPARTMENT shall impose such contract sanctions as it may determine to be appropriate, including, but not limited to: (1) withholding of payments to the CONSULTANT under the contract until the CONSULTANT complies, and/or (2) cancellation, termination or suspension of the contract, in whole or in part. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (a) through (f) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subcontract. or procurement as the DEPARTMENT may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subconsultant or supplier as a result of such direction, the CONSULTANT may request the DEPARTMENT to enter into such litigation to protect the interests of the DEPARTMENT, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. (Provision revised July 29, 2013.) 14. CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS: The CONSULTANT agrees to abide by the requirements of 49 CFR Part 29. By signing this contract the CONSULTANT certifies that to the best of their knowledge and belief that it or its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had civil judgment against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or Local) with commission of any of the offenses enumerated in subparagraph 14(b) of this certification; and (d) Have not within a three-year period preceding this contract had one or more public transactions (Federal, State, or Local) terminated for cause or default. Where the CONSULTANT is unable to certify to any of the statements in this certification, the CONSULTANT shall attach an explanation to this contract. Exceptions will not necessarily result in denial of award, but will be considered in determining CONSULTANT'S responsibility. Any exceptions noted shall identify to whom it applies, the initiating agency, and dates of the action. Providing false information may result in criminal prosecution or administrative sanctions. 15. CERTIFICATION OF COMPLIANCE ON LOBBYING RESTRICTIONS: The CONSULTANT agrees to conform with the lobbying restrictions established by Section 319 of Public Law 101-121 (Department of the Interior and Related Agencies Appropriations Act for Fiscal Year 1990) for contracts exceeding $100,000 in Federal Funds. The CONSULTANT certifies, by signing this contract, to the best of their knowledge and belief, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Agenda _.._ /14 Page 68 of 98 Page B5 of 12 Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (b) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The CONSULTANT also agrees by signing this contract that they shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub - recipients shall certify and disclose accordingly. 16. CERTIFICATION OF COMPLIANCE ON DRUG AND ALCOHOL TESTING: The CONSULTANT hereby certifies by executing this Contract, that the CONSULTANT shall comply with all applicable provisions of Rule 916-6 Drug and Alcohol Testing in State Construction Contracts and UCA Section 63G-6-604 throughout the term of this Contract. The CONSULTANT shall provide this requirement in its contracts with subconsultants. 17. CONSULTANT COST CERTIFICATION: The CONSULTANT hereby certifies by executing this Contract, that the CONSULTANT has previously submitted a CONSULTANT certification of final indirect costs in accordance with the Federal Acquisition Regulations (FAR) cost principles as described in the FHWA Order4470.1A and in the DEPARTMENT Financial Screening Application. 18. OWNERSHIP OF DOCUMENTS: All tracings, plans, manuscripts, specifications, data, maps, etc., prepared or obtained by the CONSULTANT, as a result of working on this contract, shall be delivered to and become the property of the LOCAL AUTHORITY. All documents and data pertaining to work required by this contract shall be the property of the LOCAL AUTHORITY and shall be delivered to the LOCAL AUTHORITY within 10 working days after termination of the contract, regardless of the reason for termination; and without restriction or limitation on their further use. Costs of all the above items shall be considered as included in the basic contract compensation for the work as described in ATTACHMENT C. The CONSULTANT shall not be responsible for another party's application of information contained in the contract documents to other projects, or for uses other than that for which the information was intended. Should patentable discoveries or inventions result from work required by this contract, all rights to them shall be the sole property of the CONSULTANT. Except, the CONSULTANT agrees to grant to the United States Government and the State of Utah a non exclusive, non transferable, paid up, license to use the discovery or invention. The CONSULTANT is permitted to copyright reports and other contract products provided that the LOCAL AUTHORITY, the DEPARTMENT and the Federal Highway Administration have a royalty free, non exclusive, irrevocable right to reproduce, publish, or otherwise use and authorize others to use for governmental purposes. 19. ASSIGNMENT AND SUBCONTRACTING: The CONSULTANT shall not subcontract any of the work required by this contract, or assign monies to be paid to the CONSULTANT hereunder, without the prior written approval of the LOCAL AUTHORITY and/or the DEPARTMENT. The amount billed to the DEPARTMENT for subcontractor costs shall be the same amount the CONSULTANT actually pays subcontractor for services required by this contract. All payments made by the CONSULTANT to the subcontractor for services required by this contract shall be subject to audit by the LOCAL AUTHORITY and/or the DEPARTMENT. All subcontracts must include all the same terms and conditions and provisions included in this contract. However, the prime CONSULTANT is responsible for ensuring that all work performed by sub -consultants is insured under their insurance policy, or they require that the sub - consultants meet the insurance provisions required under this contract. Agenda 2/14 Page 69 of 98 Page B6 of 12 The CONSULTANT must perform work valued at not less than 60% of the total contract amount, excluding specialized services, with its own staff. Specialized services are those services or items that are not usually furnished by a consultant performing the particular type of service contained in this contract. 20. PERSONNEL/STAFFING PLAN: Any change in personnel from that specifically identified in Attachment C of this contract, must be approved by the DEPARTMENT through a modification to this contract or a Contract Management System (CMS) Alternative Staff Transaction prior to any work being performed by new personnel. Invoices submitted for payment with unauthorized personnel will not be paid. (Provision revised July 29, 2013.) 21. DISPUTES: Claims for services, materials, or damages not clearly authorized by the contract, or not ordered by the LOCAL AUTHORITY and the DEPARTMENT by prior written authorization, will not be paid. The CONSULTANT shall notify the LOCAL AUTHORITY and the DEPARTMENT in writing, and wait for written approval, before it begins work not previously authorized. If such notification and approval is not given or the claim is not properly documented, the CONSULTANT shall not be paid the extra compensation. Proper documentation alone shall not prove the validity of the claim. The parties agree to use arbitration or mediation after exhausting applicable administrative reviews to resolve disputes arising out of this contract where the sole relief sought is monetary damages $100,000 or less, exclusive of interest and costs. 22. CLAIMS - DELAYS AND EXTENSIONS: The CONSULTANT agrees to proceed with the work previously authorized by the contract, or in writing, continually and diligently, and will make no charges or claims for extra compensation for delays or hindrances within its control during the progress of this contract. The LOCAL AUTHORITY and the DEPARTMENT may allow an extension of time for the contract, for a reasonable period as agreed by the parties, should a delay or hindrance occur. The LOCAL AUTHORITY and/or the DEPARTMENT shall not waive any of its rights under the contract by permitting the CONSULTANT to proceed with the contract after the established completion date. 23. CONSULTANT'S ENDORSEMENT ON PLANS, ETC.: The CONSULTANT (if a firm, the responsible principal) is required to endorse and affix its seal to plans, reports, and engineering data furnished to the LOCAL AUTHORITY and/or the DEPARTMENT under this contract. 24. CONTRACT MODIFICATIONS: This contract may be amended, modified, or supplemented, as it is mutually agreed to by the parties by written contract modification, executed by the parties hereto and attached to the original signed contract. If there is Federal funding as part of the revenue for this contract, the Federal Highway Administration must approve all changes. Claims for services furnished by CONSULTANT, not specifically authorized by this contract or by appropriate modification, shall not be paid by the LOCAL AUTHORITY or the DEPARTMENT. When a contract modification has been agreed to by the parties no claim for the extra work done or material furnished shall be made by the CONSULTANT until the written modification has been fully executed. Any verbal agreements not confirmed in writing are non -binding. 25. TERMINATION: This contract may be terminated as follows: (a) Mutual agreement of the parties; in writing and signed by the parties. (b) By either party for failure of the other party to fulfill its obligations, as set forth with the provisions of this contract and in particular with Attachment C, "Services Provided by the CONSULTANT' or Section 40, "Duties of the DEPARTMENT'. Reasonable allowances will be made for circumstances beyond the control of the CONSULTANT and the LOCAL AUTHORITY or the DEPARTMENT. Written notice of intent to terminate is required and shall specify the reasons supporting termination. (c) By the LOCAL AUTHORITY or the DEPARTMENT for the convenience of the State or the LOCAL AUTHORITY upon written notice to the CONSULTANT. () Upon satisfactory completion of required contract services. Agenda /14 Page 70 of 98 Page B7 of 12 On termination of this contract all accounts and payments will be processed in accordance with contract terms. An appraisal of the value of work performed to the date of termination shall be made to establish the amount due to or from the CONSULTANT. If the contract fee type is Cost -Plus -Fixed -Fee -With - Fixed -Total -Additive -Rate and the contract is terminated for reasons other than (d), the final fixed fee amount will be paid in proportion to the percentage of work completed as reflected by the periodic invoices as of the date of termination of the contract. Upon determining the final amount due the CONSULTANT, or to be reimbursed by the CONSULTANT, in the manner stated above, the final payment will be processed in order to close out the contract. 26. DESIGN/CONSTRUCTION: The CONSULTANT will utilize all current DEPARTMENT standards and be responsible for the professional quality, technical accuracy, and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. The CONSULTANT will, without additional compensation, correct or revise any errors or omissions in its design, drawings, specifications and other services. This contract may remain open for modifications for any unforeseen work that may be deemed necessary by the DEPARTMENT going into the construction phase to accommodate future work by the prime CONSULTANT or sub -consultant. CONSULTANT will perform the services in accordance with the customary standard of professional care. 27. ELECTRONIC PLAN ROOM DOCUMENTATION: All consultants will be expected to adhere to the current DEPARTMENT development standards on the web site. It is the CONSULTANTS responsibility to provide all plans, specifications, surveys, and associated data in the DEPARTMENT acceptable electronic formats on one or more CD's. All project data will be organized in the DEPARTMENT'S project directory structure as specified in the DEPARTMENT'S current CADD Standards. It is the CONSULTANT'S responsibility to be aware of all DEPARTMENT requirements and formats. The DEPARTMENT CADD standards are available at the Engineering Technology Services (ETS) sub -page of the DEPARTMENT website www.udot.utah.govlets. Computer Aided Drafting and Design acceptable formats are as follows: (a) Drafting: MicroStation Design format (.dgn) by Bentley Systems Inc., version 8.5 or higher. (b) Civil Design: InRoads by Bentley Systems Inc. version 8.8 or higher acceptable formats are as follows: Geometry files (.alg), Surface or digital terrain models (.dtm), Template libraries (.itl), and Roadway Designer files (.ird). (c) Survey and Photogrammetry: InRoads Survey format (.fwd) by Bentley Systems Inc. version 8.8 or higher. Raw survey files will be in ASCII format, (point number, Northing, Easting, Elevation and code). Survey points will be coded using the DEPARTMENT feature codes located in the DEPARTMENT preference file (.xin) and Raster Images (aerial photos) will be in MicroStation compatible formats. Design and Survey work will adhere to the DEPARTMENT CADD Standards and "Mapping & Aerial Photogrammetry" Guide. (d) Plotting: In order for the project to be published into the DEPARTMENT Electronic Plan Room (EPR) system, the CONSULTANT will prepare a file to direct the DEPARTMENT's plotting software, InterPlot, by Bentley Systems Inc. to produce the correct output. This is the InterPlot Organizer's plot -set file (filename.ips). This file contains specifications for each sheet in the plan set and controls the order and name of each sheet as they will appear in the EPR system. Instructions for preparing this file can be found at the DEPARTMENT Engineering Technology Services (ETS) website as stated above. (e) Responsibility: Region Designers/Consultants, Action - When submitting electronic files for advertising, Region or consultant designers must deliver to the DEPARTMENT the design files on CD's in the established project directory structure. The following files must be included in the submittal: 1) Major design files, including roadway design, structure, striping, signing, signals, and profiles (Microstation format), 2) Existing topography and existing utilities (Microstation format), 3) Existing and proposed surfaces (dtm format), 4) InRoads alignments (alg), templates (itl), roadway designer files (ird) and preference files (xin), 5) Configuration and resource files including font and linestyle resource files. Agenda /14 Page 71 of 98 Page B8 of 12 (f) Placement: Action — Project data must be delivered to the DEPARTMENT on CD's in the established project directory structure. The CONSULTANT will be responsible for the accuracy of the translated data. Technical and Standards support will be provided to the CONSULTANT through the Engineering Technology Services Group of the Project Development Division at UDOT. 28. REQUIREMENTS FOR COMPUTER ELEMENTS: Hardware, firmware and/or software elements that the CONSULTANT procures, furnishes, licenses, sells, integrates, creates and/or enhances for the LOCAL AUTHORITY and the DEPARTMENT under this contract shall achieve the specific objectives specified in the work plan. These elements shall be free of defects, or "bugs," that would prevent them from achieving the objectives specified in the work plan. Computer software and applications created and/or enhanced under this contract shall include as deliverables; user instructions, program documentation, program listings, source code and executables in specified compiled formatted files. The program documentation shall include flow charts and detailed treatment of decision algorithms and their technical basis. Appropriate LOCAL AUTHORITY individuals will review "user instructions" and "program documentation" for acceptability. Formal sign -offs will record such events and be part of the project repository. Software development and operating system platforms shall be approved by the LOCAL AUTHORITY and the DEPARTMENT and specified in the work plan. Changes to these platforms shall only be allowed by written authorization by the LOCAL AUTHORITY and the DEPARTMENT. 29. COST PRINCIPLES: Regardless of the funding source, the costs allowable for reimbursement will be governed by the Federal Acquisition Regulations, Title 48, Part 31, as modified by Utah State law, administrative rules, and regulations on contract provisions. 30. RIGHT OF WAY SUBMITTAL REQUIREMENTS: Submission of right of way acquisition packages are required to follow the UDOT Right of Way ProjectVVise Naming Convention and Attributing Guide, as amended, which is incorporated herein by this reference. The Guide may be found on the UDOT website www.udot.utah.qov/qo/rowproiectwiseguide. (Provision revised September30, 2013.) 31. GOVERNMENT RECORDS AND ACCESS MANAGEMENT ACT: Pursuant to the Government Records Access and Management Act, Title 63G, Chapter 2, Utah Code Annotated, the CONSULTANT understands that if it believes that any records it submits to the DEPARTMENT and/or LOCAL AUTHORITY should be considered confidential for business purposes under Utah Code Ann. §63G-2-309, it must attach written notice of that opinion to the record when it first submits it. The CONSULTANT understands that the DEPARTMENT and/or LOCAL AUTHORITY will not treat any such record as confidential under Section 63G-2-309 absent such written notification. Additionally, the CONSULTANT agrees that neither the State of Utah, the DEPARTMENT and/or LOCAL AUTHORITY, nor any of their agents or employees are responsible for disclosure of any record that the CONSULTANT considers confidential if either the State Records Committee or a court orders it released. 32. WORK ACCEPTANCE: (a) All work performed under this contract shall be performed in accordance with Standards, Specifications, Manuals of Instruction, Policies and Procedures established by the DEPARTMENT. All work shall be subject to the approval of the LOCAL AUTHORITY and the DEPARTMENT through its designated representatives. When the work is Federally funded, the LOCAL AUTHORITY and the DEPARTMENT will coordinate with the Federal Highway Administration (FHWA) to obtain concurrence in the work. (b) Reviews and Quality Assurance: All contracts require a quality control / quality assurance plan and checklist. For design projects specifically, the CONSULTANT shall provide a project specific QC/QA plan that meets or exceeds the DEPARTMENT'S standard QC/QA plan located on the DEPARTMENT web page at www.udot.utah.gov/go/gcga which is hereby incorporated by reference into this contract. If the CONSULTANT elects to use its own QC/QA plan, that plan shall, as a minimum, contain the requirements of the DEPARTMENT'S plan and be approved by Agenda !/14 Page 72 of 98 Page B9 of 12 the DEPARTMENT'S Project Manager. The CONSULTANT will meet all document retention requirements and schedules. (Provision revised February 12, 2014.) 33. GENERAL CONTROL AND INSPECTIONS: The CONSULTANT shall be represented at progress review meetings as may be scheduled by the LOCAL AUTHORITY and the DEPARTMENT. The CONSULTANT shall accompany LOCAL AUTHORITY and the DEPARTMENT personnel and other representatives on field inspections and at conferences as may be required. 34. IF THIS CONTRACT IS FOR DESIGN: (a) The design consultant will be retained to answer and clarify any questions on the design during construction. The consultants will be required to include this task in their cost proposal. The Construction Project Engineer will call on the CONSULTANT as he needs him. If the work required from the CONSULTANT is due to errors in the design, the CONSULTANT will not be reimbursed. To enhance the communication between the LOCAL AUTHORITY, the DEPARTMENT and Consultants, the LOCAL AUTHORITY and the DEPARTMENT are requiring that the CONSULTANT attend the following meetings: kickoff meeting, preconstruction meeting, and the final inspection meeting. These meetings should be included in the detail work plan. (b) If the project requires horizontal and vertical control to be established and/or identifying existing surface features to develop a Digital Terrain Model (DTM) for the design of the project, the CONSULTANT will follow the narrative in the Project Delivery Network for Task 1 B1 Develop Base Mapping/Existing Surface on the UDOT website www.udot.utah.gov/go/pdnpdn, which is incorporated herein by this reference. (Provision revised September 30, 2013.) 35. IF THIS CONTRACT IS FOR CONSTRUCTION ENGINEERING MANAGEMENT: (a) Construction Administration Administration of any construction project delegated to the CONSULTANT. The CONSULTANT will perform activities for Construction Administration as identified and defined in the UDOT Construction Manual of Instruction. Deliverables and checklists for the project are based on project specifications. The CONSULTANT is required to comply with DEPARTMENT partnering requirements and oversee contractor participation. This includes but is not limited to attending DEPARTMENT training, leading the partnering effort on the project along with the contractor, participating in weekly updates on the partnering website, and monitoring and measuring partnering on the project. The CONSULTANT is responsible for required documentation for any item addressed in the project specifications and Construction contract. Items will include, but not be limited to, Materials Testing, Materials Certifications, Change Orders, Project and Materials Inspection, Civil Rights requirements, Engineer's Diary, Subcontracts, Payrolls, Meeting Minutes, Project Scheduling and Process Review summaries. (b) Materials Testing and Inspection The CONSULTANT will perform materials testing and inspection in accordance with the requirements of the project Construction contract. These requirements include the Materials Acceptance and Independent Assurance Programs, as outlined in the UDOT Materials Manual of Instruction (MOO. The Materials Acceptance Program defines requirements for acceptance testing and verification testing. The Independent Assurance Program defines requirements for independent assurance testing, personnel qualifications and laboratory qualifications. (c) Acceptance Testing/Inspection Acceptance testing/inspection will be performed in accordance with the project specifications and UDOT Minimum Sampling and Testing Requirements (MS&T). Minimum frequencies for materials acceptance testing and inspection are defined in the UDOT MS&T and are the absolute minimum for the identified materials, regardless of special provision requirements. (d) Independent Assurance Testing Requirements for Independent Assurance testing are outlined in the UDOT Materials MOI and project level requirements will be performed and documented by the CONSULTANT at the project level. Documentation will be provided for IA test results, personnel qualifications and laboratory Agenda Page 73 of 98 Page B10 of 12 qualifications. Documentation for personnel and laboratory qualification will be performed prior to any sampling or testing being performed on the project. (e) Project Inspection Project Inspection is a combination of the presence of the CONSULTANT, and the documentation of the project's daily activities. The CONSULTANT will perform inspection in accordance with project specifications and documentation will include, at a minimum, Inspector's Daily Reports, materials placement inspection reports, project diaries, measurement and payment information, and project visual reviews for items such as traffic control placement and conformance, etc. (0 Project Closeout Project information obtained through contract administration, materials testing and project inspection will be collated and reviewed by the CONSULTANT to assure that all of the necessary documents are present to demonstrate compliance with the plans, specifications and Construction contract. Closeout will be performed in accordance with the comprehensive checklist in the UDOT Construction MOI and will include at a minimum, all C-106 forms, the project C-196 form, all change orders and all administrative requirements, such as payrolls and Civil Rights requirements. (g) The DEPARTMENT's Construction Manual of Instruction and Materials Manual of Instruction can be obtained from Central Construction and Materials Division 801-965-4346 or available at the sub -page of the DEPARTMENT website www.udot.utah.govlets. 36. INSPECTION OF INTELLIGENT TRANSPORTATION SYSTEMS (ITS) AND ELECTRICAL CONSTRUCTION: In order to ensure complete impartiality in the performance of construction inspection, any consultant engineering companies who are concurrently performing or bidding on ITS or electrical construction work for the LOCAL AUTHORITY and/or DEPARTMENT will not be considered eligible to perform construction inspection of ITS or electrical work on any projects as part of a consultant contract. Consultants who are selected to do ITS or electrical construction inspection as part of a consultant contract will be requested to affirm that they currently are not performing or bidding on any electrical or ITS construction work for LOCAL AUTHORITY and/or DEPARTMENT and will not for the duration of the relevant consulting contract. For the purposes of this provision, ITS or electrical construction is defined as follows: Work involving the installation or repair of underground electrical conduit, electrical cables, fiber-optic cable, or any other construction work involving 120 volt (or greater) current for which an electrician's license is required. Field work taking place inside an electrical cabinet, or involving low voltage detection or data circuits, will not be considered ITS or electrical construction. Diagnosis, testing, calibration, aiming, resplicing, or repair of low voltage detection circuits, fiber-optic cable, or detection equipment will not be considered ITS or electrical construction. Consultant engineering companies who also perform ITS or electrical construction work under contract to LOCAL AUTHORITY and/or DEPARTMENT will be eligible to perform the following types of consulting work, provided that the work is on completely different projects, with no possibility for conflict of interest: design work, ITS system integration, software development. 37. NO THIRD PARTY BENEFICIARIES: The parties enter in to this contract for the sole benefit of the parties, in exclusion of any third party, and no third party beneficiary is intended or created by the execution of this contract. 38. COORDINATION WITH DEPARTMENT FUNCTIONAL MANAGERS: In order to ensure programmatic consistency, if the project requires, the CONSULTANT will coordinate decisions with the Region and/or Central Functional Managers in addition to the DEPARTMENT Project Manager. It is important for consultants to seek input into decisions from the technical experts within the DEPARTMENT. 39. USE OF STATE SEAL AND UDOT LOGO: The CONSULTANT will not misrepresent their employees as State of Utah employees. The CONSULTANT will not use the Utah State Seal or UDOT logo on business cards for their employees nor use Utah or UDOT letterhead on correspondence signed by their Agenda a14 Page 74 of 98 Page B11 of 12 employees with the following exception: the CONSULTANT may incorporate the UDOT logo on their business cards stating, "In partnership with UDOT" in addition to the CONSULTANT'S own logo. The CONSULTANT may prepare correspondence for the approval and signature of appropriate State of Utah employees. 40. DUTIES OF THE LOCAL AUTHORITY AND THE DEPARTMENT: (a) Guarantee Access: The LOCAL AUTHORITY and/or the DEPARTMENT shall guarantee access to and make all provisions for the CONSULTANT to enter upon all lands, both public and private which in the judgment of the parties hereto are necessary to carry out such work as may be required. (b) Prompt Consideration: The LOCAL AUTHORITY and the DEPARTMENT shall give prompt consideration to all reports, plans, proposals and other documents presented by the CONSULTANT. (c) Documents: The DEPARTMENT shall furnish Standards, Specifications, Manuals of Instruction, Policies and Procedures, and other available information, including any material previously prepared for this work. Specific materials related to this contract that will be furnished by the LOCAL AUTHORITY and the DEPARTMENT. (d) Services: The LOCAL AUTHORITY and the DEPARTMENT will perform standard services relating to this contract. Agenda q14 Page 75 of 98 Page B12 of 12 SERVICES PROVIDED BY THE CONSULTANT 1. SCOPE SUMMARY: UDOT Staff Augmentation of Project Management Duties including attending team meetings, pre - construction and post construction meetings. General management duties that include decisions with Scope, schedule and budget. PM will process any change orders and review construction estimates. Will insure project is closed -out. 2. SCOPE DOCUMENTS: Following are the scope items contained in this attachment pages 2 through 8: (a) Approval Memo (b) Executive Summary (c) Detailed Work Plan (d) Personnel/Staffing Plan (e) Schedule (1) Completion: All work shall begin within seven (7) days of notice to proceed and shall be completed by March 2, 2016. (2) Project/Contract Period: The project/contract will terminate March 2, 2016, unless otherwise extended or canceled in accordance with the terms and conditions of this contract. If additional time is required beyond the project completion date, the CONSULTANT shall submit a "Contract Time Extension Modification" to the LOCAL AUTHORITY and the DEPARTMENT'S Project Manager for approval and processing. Agenda 5/12 Page 76 of 98 Page C1 of 8 UDOT Consultant Services Contract Approval Memo Memo Printed on: February 9, 2015 6:24 AM MrQ v arN hbwny PM Approval Date: February 2, 2015 UDOT PM: Kirk Thornock The Project Manager has reviewed and approved the contract/modification documents: Executive Summary, Work Plan, QC/QA Plan and Checklist, Staffing Plan, Work Schedule, and Cost Proposal. PROJECT INFORMATION PIN: 9020 Project No.: F-LC19(14) Job/Proj: 5337113C PIN Description: LIONS PARK TRAIL & TRANSIT HUB CONTRACT INFORMATION CS Admin: Cali P. Bastow Contract No.: New Project Management for Construction and Close Out Phases Mod No.: Expiration Date: March 2, 2016 Contract/Mod Amount: $10,761.30 Fee Type: UNIT PRICE Selection Method: POOL - GE / LG (DIRECT SELECT) Period: 2013-2016 GE / LG Phase: CONSTRUCTION ENGINEERING Discipline: PROJECT MANAGEMENT CONTACTS Consultant Local Government W C E C ENGINEERS INC Rustin E Anderson City of Moab Eric Johanson 9980 SOUTH 300 WEST STE 200 217 E. CENTER SANDY, UT 84070 MOAB, UT 84532 (435) 259-4941 EJOHANSON@MOABCITY.0 Agenda Page 77 of 98 Attachment C ,9 of UDOT Consultant Services Local Government Approval Memo Memo Printed on: February 3, 2015 5:52 AM PROJECT INFORMATION PIN: Project No.: JoblProj: PIN Description: CONTRACT INFORMATION CS Admin: Contract No.: Mod No.: Expiration Date: Contract/Mod Amount: Cumulative Amount: Fee Type: Selection Method: Period: Phase: Discipline: CONTACTS 9020 F-LC19(14) LIONS PARK TRAIL 8 TRANSIT HUB Cali P. Bastow New Project Management for Construction and Close Out Phases March 2. 2016 $10,761 30 $10.761 30 UNIT PRICE POOL - GE 1 LG (DIRECT SELECT) 2013-2016 GE 1 LG CONSTRUCTION ENGINEERING PROJECT MANAGEMENT Consultant W C E C ENGINEERS INC Rustin E Anderson 9980 SOUTH 300 WEST STE 200 SANDY, UT 84070 (435)979-4557 rustin@wcecengineers.com Local Government City of Moab Eric Johanson 217 E. CENTER MOAB, UT 84532 (435) 259-4941 EJ O HAN SO N @M OABC ITY.O RG I am aware of and approve the scope, schedule and budget as negotiatied by the Consultant for this contract and presented by the UDOT PM Kirk Thornock. I acknowledge UDOT has limits for Pool Contracts. The limit for this contract Is 5150,000.00 for the Ilfe of the contract, Including any and ali future modifications. c z - U - Local vemment Signature Date Agenda Page 78 of 98 Attachment C 3 of g UDOT Executive Summary Contract lti !!`"" NEW Nlod �; W C E C ENGINEERS INC Prime pCwWC 1,Tnber7ii1 4," F-LC19(14) . `BiFCrS • , Pa1N 9020 .UDOTEPriniary. Contact: Kirk Thomock 'PiN; Deb • LIONS PARK TRAIL & TRANSIT HUB Brief Description Provide Project Management services for the construction and close out phases of the Lions Park Trail & Transit Hub project. Project Team WCEC Engineers. Assumptions DFCM will administer and oversee the project construction and schedule. Phasing No phasing is anticipated. Fee Type The fee type is unit price. Agenda Page 79 of 98 Attachment C of UDOT Work Plan Cora ct,;umber: NEW W C E C ENGINEERS INC Prince =Prof Humber•r F-LC19(14) • PIN 9020 UDOT Primary Contact: Kirk Thornock rPI ,Description'clk . LIONS PARK TRAIL & TRANSIT HUB Activity: X001 Attend Team Meetings 1. Attend and assist DFCM and Moab City with coordination of project related meetings. Activity: X002 General Management 1. Assist DFCM in overseeing construction contract administrative function for scope, schedule, and budget. 2. Assist in providing consistency and continuity between preconstruction and construction phases. 3. Assist DFCM in resolution of problems. Activity: X003 Change Orders 1. Assist DFCM and Moab City in assessing contract change orders as required. Activity: X004 Project Close Out 1. Facilitate the close out of project documents in UDOT's systems once DFCM has closed the project through their processes and systems. Activity: X005 Billing 1. Prepare, process, and submit contract billings and payment requests to UDOT. 2. Perform cost accounting and track contract budget. Agenda Page 80 of 98 Attachment C UDOT Staffing Plan Contract Number: NEW Mod: Project Number: F-LC19(14) PIN: 9020 PIN Description: LIONS PARK TRAIL & TRANSIT HUB UDOT Primary Contact: W C E C ENGINEERS INC Kirk Thornock Employee Name Contract Job Title Education/Certification License Number Hours ANDERSON, RUSTIN PROJECT MANAGER B.S. UT-4939020-2202 68 BRAINARD, LORI ADMINISTRATIVE ASSISTANT BS 8 Total Hours for W C E C ENGINEERS INC: 76 fD C� I� I 0 I �02/09/2015 06: 25 AM I Page 81 of 98 Current Rate $11.35 $11.35 Prime Proposal Rate Approval Date S 135.00 NTP S 100.00 NTP Page 1/1 ��u% " " .TV S - LOOX SeLHAlloV 9l-Nen-lgBj 91-luenver OL-legwaoa4 JagwanoN 5L-Jacopo ��l-iegweldal 91,-lsn6nV AIN' gl"aunr 4l-AeW 9L-Iu6V SL-gn1eLY sL'Arerugaj 311103HOS 133ro4ld 3��na3Hos 103r021d I &lee Lnp �solo loarad sJapJo a6ueio] luawa6eueW lenuag{ s6u aan ideal pually' SOOX 1700X �OOX ZOOX 1.00X S l6Z 'DE fdenuer gnM psueu 8 Veil ved soon :aureN loalosd (n)6101-d 'oN loe:old 0E06 :"oh? Nld V010041 VIN :JD5eueleq 1*oid load I U Attachment Page 82 of 98 la a) a UDOT Engineering Services Contracts Consultants Acting as UDOT Project Manager Conflict -of -Interest and Confidentiality Certification 1, k r14r Yrie,,.W/ (Individual) with letta 6/60/65L',(Firm), have been retained by the Utah Department of Transportation ("UDOT") to perform project management services for the Department. Neither my firm nor I have: • Any financial or other interest in the outcome of any project I will be managing. • Any agreement, enforceable promise, or guarantee to provide any future work on any project I will be managing. • Associations or professional or business relationships with anyone who has a financial interest in the outcome of any of the projects I will be managing. • No one with a financial interest in the outcome of projects I will be managing exercises any control over my employment, pay, bonuses, or any other area subject to extemal influence. In the performance of my duties I will: • Represent UDOT in an equitable, ethical, and unbiased manner. • Disclose potential conflicts -of -interest to the UDOT Program Manager. • Document and work with UDOT Program Manager, in cases of potential conflicts -of -interest, to work out a course of action to alleviate a potential conflict -of -interest. • Work under the direction of the UDOT Program Manager. • Maintain the confidentiality of all related information to which I gain access as a result of my job or assignment, including but not limited to any UDOT written documents, electronic documents, discussions, comments or meetings that are of a sensitive or confidential nature, even from my employer. • Refer anyone requesting information relevant to confidential information to the appropriate UDOT division. • Disclose and discuss with the UDOT Program Manager for this contract in the event there are any activities which could interfere with the ethical performance of my duties. • Not select consultants on behalf of UDOT but may assist the UDOT Program Manager in contract negotiations with other consultants. I wiii not: • Access information unless required to do so for the performance of my assignment. • Inappropriately disclose any information gained • Use my assignment to influence selection of other consultants. • Allow others access to UDOT systems granted to me as a Consultant UDOT Project Manager I understand my access to UDOT systems will be audited and I understand any violation of this Certification will result in termination of all my firm's project martcontracts. By: Approved by: (Indiea% 'C1 [Authorized Consultant Offi•ignature)] inn (o.y (o r [Authorized Consultant Officer (Print Name)] V•ICEC •en�c (\eas, inc. [Consulting Firm Nam Date. 9 fi 1N f t/ Agenda Page 83 of 98 Attachment C FEES UNIT PRICE 1. UNIT PRICE: For all services and materials pertinent hereto and/or specifically described herein, except as otherwise explicitly cited, the LOCAL AUTHORITY agrees to pay the CONSULTANT for the work performed at the unit prices reviewed and approved by the LOCAL AUTHORITY and the DEPARTMENT'S Project Manager. Unit Prices include Direct Labor Expenses, Payroll Additives, Indirect Expenses, and Direct Non -salary Expenses and Profit. The costs included in the Unit Price have been reviewed and limited to the costs which are allowable under the Federal Acquisition Regulations contained in Title 48 CFR, Part 31 as modified by Utah State law, administrative rules, regulations, or contract provisions. Guest meals (meals paid by a Consultant or Consultant's employee for someone other than his/her self shall NOT be reimbursed unless previously approved in writing by the DEPARTMENT'S Project Manager and the LOCAL AUTHORITY. 2. MODIFICATIONS: In the event the LOCAL AUTHORITY requires changes of services which materially affect the scope of work or work plan, with a resulting material increase in cost to the CONSULTANT, a contract modification for additional compensation and time for completion shall be entered into by the parties hereto prior to making such change. Any such work done without prior agreement shall be deemed not covered in the compensation and time herein provided. 3. PROGRESS PAYMENTS: Progress payments are based upon the approved completed units and are made pursuant to certified invoices received. 4. INVOICES: The CONSULTANT will submit monthly payment requests promptly and no later than 45 calendar days after each monthly billing cycle. Invoices are to reflect charges as they apply to the appropriate contract, project, and account number, and must be properly certified and executed by an official legally authorized to bind the firm. The invoice must be substantiated with appropriate supporting documentation such as time sheets, labor reports, or cost accounting system print-out of employee time, receipts for direct expenses, and subconsultant invoices and supporting documentation that is reviewed and approved by the DEPARTMENT'S Project Manager and subject to final approval by the DEPARTMENT'S Comptroller's Office. Payment requests for services performed on or before the last day of the Utah fiscal year (June 30), must be submitted no later than 30 calendar days after the billing cycle, see Utah Code Ann. § 63J-1-601. The CONSULTANT acknowledges untimely billing may adversely affect the LOCAL AUTHORITY and DEPARTMENT due to federal funding requirements in 49 CFR § 18.23, and/or the state fiscal constraints imposed upon it as a department of state government by Title 63J, Chapter 1, Budgetary Procedures Act. The CONSULTANT waives payment, and waives the right to bring action in law or in equity to recover payment for services, for any and all payment requests the DEPARTMENT does not receive from the CONSULTANT within the timeframe provided under this contract. (Provision revised June 27, 2012.) 5. FINAL PAYMENT: Final invoice payment will be released only after a project evaluation form has been completed, all materials and services associated with this contract have been reviewed and approved by the LOCAL AUTHORITY and the DEPARTMENT'S Project Manager and finalized by the DEPARTMENT'S Comptroller's Office. The DEPARTMENT'S Project Managers and the DEPARTMENT'S Comptroller's Office have the right to hold the final invoice payment on certain projects when design and construction are performed by two separate Consultants or if there is a potential possibility of a design or construction error. The DEPARTMENT Comptroller's Office also has the right to hold the final invoice payment until the final audit is complete upon the request of the DEPARTMENT Project Manager. 6. FINANCIAL SUMMARY: The total maximum amount of disbursement pertinent to this contract is $10,761.30. Contract overruns will not be paid. Agenda 7/12 Page 84 of 98 Page D1 of 5 7. COST PROPOSAL: The Cost Proposal prepared by the CONSULTANT and reviewed and approved by the LOCAL AUTHORITY and the DEPARTMENT'S Project Manager can be found in Attachment D, pages 2 through 5. The Unit Price rates shown in the CONSULTANT'S Cost Proposal were negotiated and agreed upon by both parties of this contract. The CONSULTANT will invoice the DEPARTMENT using the negotiated unit price rates agreed upon and shown in the CONSULTANT Cost Proposal. These unit rates will be fixed for the period of this contract. Any changes must be approved by the LOCAL AUTHORITY and the DEPARTMENT and by written contract modification. Agenda rl12 Page 85 of 98 Page D2 of 5 W C E C ENGINEERS INC Prime UDOT Cost Proposal Contract Number- NEW Mod: Proj ' Number F-LC19(14) PIN: 9020 UDOT Primary Contact:. Kirk Thornock 1. Description: •" 'Labor,Costs•'�. Eti rS` r - - fmployee;Narne Contract Job Title , Hours; 1i:OOsal,R4e. :=•LaborCost-,L ANDERSON, RUSTIN PROJECT MANAGER 68 $135.00 $9,180.00 BRAINARD, LORI ADMINISTRATIVE ASSISTANT 8 $100.00 $800.00 Total Hours: 76 Total Direct Labor: $9,980.00 . Y x.... '.. , ' ;. i.... - .. Ot .01 r:. Charges .' " ...„.„ _„ .; :th K lf t i -f V - , . 'Kim Tt s . Unit* Measure , :Qty r •, .2.iii Cost{0t 0tena�a cost-. o- PERSONAL MILEAGE JAN 2015 MILE 1,044.0 $.575 $600.30 PER DIEM UNIT 2.0 $46.000 $92.00 8.5 X 11 BW EACH 50.0 $.100 $5.00 HOTEL --VARIOUS AREAS+TAX UNIT 1.0 $84.000 $84.00 Total Other Direct Charges: $781.30 Total Contract Cost: $10,761.30 Agenda 96:25AM Page 86 of 98 Attachment D 3 of rays !r I UDOT Hours Derivation ContEact'(�uliiber := NEW Nlod W C E C ENGINEERS INC `�Projec�,Number;:_ ilPViDe001140 F-LC19(14) `PIN: 9020 UDOT PNmary:Contact= Kirk Thomock Prime nployee�rf�ame, �r X00'i OW* 40. X004` 'X005 Total ANDERSON, RUSTIN 20 28 4 12 4 68 BRAINARD, LORI 0 0 0 0 8 8 rr rt 0 5 m rt d I—Z I 0 rn 02/ 1 2015 06: 25 AM IQ1 Page 87 of 98 Page 1/2 UDOT Hours Derivation uontractivumoerv/ „ NEW 0 : 'd WCEC ENGINEERS INC :est FINtkP egati kgotir-e F-LC19(14) 9020 UDOT Prima , Contact: Kirk Thomock fge;Osga::, qi;A+'",f.40-11:4arAgtrxer,t, 5i0.1rtek4r,, 714,19t0MEINgi Activity Totals: IX% w 20 *X 2 28 6 •;r4 4 „, 12 POO 12 • *"1.41., ;J7:•:e '1 Prime Total 76- keritii$Viti;es'flf;;;•-•,0 qvi• tr, Transaction Activity Totals: OdititV 006"21 ilot* • , . • Total 20 28 4 12 12 76 q.U@UILIOPq.g.V 0 rn 02/ 2'15 06:25 AM Page 2/2 Page 88 of 98 Insurance As stated in Attachment B - Standard Terms and Conditions, services to be provided by the CONSULTANT under this contract are required to be covered by insurance. Insurance shall be maintained in force until all activities which are required by this contract or as changed by contract modification are completed and accepted by the DEPARTMENT. Insurance Waived Expiration Date Insurance Carrier Policy Number Each Occurrence Limit General Aggregate Limit Additional Endorsement AUTOMOBILE LIABILITY N 8/22/2015 AUTO OWNERS 4876137801 $1,000,000 $0 N GENERAL LIABILITY N 8/22/2015 AUTO OWNERS 4876137800 $1,000,000 $2,000,000 Y PROFESSIONAL LIABILITY N 8/22/2015 HISCOX INSURANCE ANE1 196282.14 $1,000,000 $2,000,000 N WORKERS COMPENSATION N 3/1/2015 AMERICAN ZURICH INSURANCE CO WC-55-35-495-01 $1,000,000 $0 N Agenda /2014 Page 89 of 98 Page E1 of 1 Arches Trading host, Inc. 50 South Main Moab, Utah 84532 435-259-4070 fax 435-259-8602 February 20, 2015 To: Moab City Council, Arches Trading Post, located at 50 S Main Street, is requesting permission to use the city right of way for our annual sidewalk sale March 20`h-22"d 2015. The hours of the sale will be from 9a.m. to 6p.m. daily. All city rules regarding sidewalk sales will be followed. Thank you for your consideration. n /I Joi=A Knowles Arches Trading Post 50 S. Main Street Moab, UT 84532 a Agenda Page 90 of 98 AGENDA SUMMARY MOAB CITY COUNCIL MEETING February 24, 2oi5 / / Agenda item #: 7-5 Title: Discussion Regarding City Engineer Position Fiscal Impact: Variable Staff Presenter(s): Rachel Stenta, Interim City Manager Department: Engineering Applicant: N/A Background/Summary: As you are aware, the City Engineer position has been vacant since June of 2014. We have recruited for the position twice in the last year at the established pay range ($47,000 - $58,500). We have made two job offers, both were turned down due to insufficient pay. The Council asked that I look into posting the job at a higher range. I have looked at our job description and compared it to the American Society of Civil Engineers (ASCE) standards as well as job descriptions from other local government entities (my thanks to Carmella for polling other agencies on short notice). As suspected, our City Engineer positon appears to be undervalued. The ASCE categorizes Civil Engineers into eight levels based on six different criteria. Our job description and duties for City Engineer is most similar to an ASCE Engineer Level VI or VII. The ASCE also conducts an annual comprehensive salary survey (the latest is from 2013). I have attached a summation of the salary survey we conducted as well as some of the ASCE salary survey information. Our City Engineer position is currently graded as an 18 (job description attached) and based on our expected level of performance (including the professional skills and expertise required as well as the duties, education and experience), my recommendation is that the position should be graded at a higher level. We advertised the City Manager position at a higher step within the salary range realizing that the pay had not kept pace with the current market and cost of living (we advertised at the current grade of E-5 at a range of step G to U). We received a very positive response to that posting and have had many qualified candidates to choose from. 1 Agenda Page 91 of 98 Both of these positions demonstrate a pay grade system that needs assessment and revisions. A comprehensive salary survey and comparisons of current positions is past due and the transition in City Management will offer a good opportunity to address the issue. It is however a very time consuming project that requires market research, is very detail intensive and requires very thorough attention to ensure the best outcome for our organization. Given all of these factors and the immediacy for recruiting a City Engineer, I recommend posting the position at a salary range of $70,000 - $90,000 which represents grade 18 step M to V. The job description and grade should be re- visited and revised in the near future. Options: Discussion Only Staff Recommendation: Post the City Engineer position at a higher pay range than previously advertised. Recommended Motion: Discussion Only Attachment(s): Salary Survey Summation Pages from ASCE 2013 Salary Survey City Engineer Job Description Agenda Page 92 of 98 City Engineer Salary Survey City Position Beg Range End Range Price City Engineer $ 51,252.00 $ 73,800.00 Murray City Engineer $ 79,344.00 $ 119,016.00 Cedar City City Enginner $ 73,382.00 $ 103,459.00 Blanding City Engineer/Public Works Dir. $ 48,811.00 $ 81,705.00 Provo Engineer IV $ 58,560.00 $ 80,640.00 Beg Range End Range Mean $ 62,269.80 $ 91,724.00 Median $ 58,560.00 $ 81,705.00 ASCE 2013 Survey Position # of responses Mean Median 10th Percentile Engineer Level VI 2180 $ 126,214.00 $ 120,000.00 $ 88,000.00 Engineer Level VII 1437 $ 150,167.00 $ 140,000.00 $ 95,305.00 Income by Metro Area Civil Engineer - Salt Lake City -Ogden 92 $ 100,278.00 $ 90,675.00 $ 58,800.00 Agenda 1: 2/20/2015 R:\Personnel\eriVh��r°�fs:'ary survey.xlsx Moab City Recorder's Office Engineer Level I Engineer Level II Engineer Level III Engineer Level IV General Characteristics Acquires limited knowledge and develops basic skills. Applies prescribed tech- niques and procedures in accordance with established criteria to perform assigned tasks. Performs routine technical work which does not require previous experience. Acquires an understanding of professional and ethical re- sponsibilities Technical Responsibilities Collects data and gathers in- formation or documents. Performs standard computa- tions or analysis. Prepares drawings and visual aids. Observes construction activi- ties. Performs basic survey work. Managerial Responsibilities No managerial responsibili- ties at this level. Direction Received Receives close supervision on all aspects of assign- ments. Communication Skills Possesses basic oral and written communication skills. Interacts with other staff. Acquires basic knowledge and develops skills in a spe- cific practice area. Applies standard techniques, procedures, and criteria to perform assigned tasks as part of a broader assignment. Exercises limited judgment on details of work and in ap- plication of standard methods for conventional work. Develops broad knowledge and skills in a specific prac- tice area. Evaluates, selects, and ap- plies standard techniques, procedures, and criteria to perform a task or sequence of tasks for conventional projects with few complex features. Collaboratively uses judg- ment to determine adapta- tions in methods for non -rou- tine aspects of assignments. Works on small projects or portions of larger projects. Performs basic design tasks. Assists on other tasks such as: preparation of permit ap- plications, material testing, and CADD work. Performs moderate design tasks. Prepares portions of project documents. Edits specifications. Performs research and inves- tigations. Assigns tasks to and coordi- nates with technicians or ad- ministrative staff. Receives close supervision on unusual or difficult prob- lems, and general review of all aspects of work. Interacts with staff, general public, officials, and contrac- tors. Assigns tasks to and coordi- nates work with entry-level engineers, technicians, or ad- ministrative staff. Assists in determining sched- ule and budget requirements. Receives instruction on spe- cific objectives. Receives direction on un- conventional and/or complex problems, and possible solu- tions. Receives a thorough review of completed work for application of sound professional judg- ment. Possesses effective oral and written communication skills. Assists with client, customer, or official contacts and com- munication pertaining to spe- cific assignments or meet- ings. Typical Titles Engineer in Training, Engineering Intern, Assistant Engineer, Junior Engineer, Staff Engineer, Engineering Instructor ederal GS-5 GS-7 GS-9 Applies broad knowledge of principles and practices in a specific practice area. Independently evaluates, se- lects, and adapts standard techniques, procedures, and criteria. Acquires general knowledge of principles and practices of related fields, and ability to function on multi -disciplinary teams. Works on multiple projects of moderate size or portions of major projects. Designs a complete project, system, component, or pro- cess. Prepares complete project documents. Designs and conducts experi- ments, and analyzes and in- terprets data. Formulates and solves prob- lems. Assigns tasks to and directs engineers, technicians and administrative staff. Plans and coordinates detailed aspects of the engineering work. Prepares scopes, budgets, and schedules for assign- ments. Assists with proposals to pro- vide professional services or obtain funding for engineer- ing projects or programs. Receives general direction on key objectives. Receives guidance when nec- essary on unconventional or complex problems, direction on modified techniques, and new approaches on assign- ments with conflicting crite- ria. Interacts with clients, cus- tomers, officials, contractors, and others. Attends project meetings and presents specific aspects of engineering assignment. Civil Engineer, Associate En- gineer, Project Engineer, Resident Engineer, Assistant Professor GS-11 I A genda hedule Page 9454 98 A Engineer Level V Engineer Level VI Engineer Level VII Engineer Level VIII General Characteristics Independently applies exten- sive and diversified knowledge of principles and practices in broad areas of assignments and related fields. Uses advanced techniques in the modification or extension of theories and practices of sciences and disciplines to complete assignments. Works on a major project or several projects of moderate scope with complex features. Applies a thorough knowledge of current principles and prac- tices of engineering as related to the variety of aspects affect- ing their organization. Applies knowledge and expertise acquired through progressive experience to resolve crucial is- sues and/or unique conditions. Keeps informed of new meth- ods and developments affecting their organization, and recom- mends new practices or chang- es in emphasis of programs. Works on programs of limited complexity and scope. Uses creativity, foresight, and mature judgment in anticipat- ing and solving unprecedent- ed problems. Makes decisions and recom- mendations that are authori- tative and have an important impact on extensive organiza- tional activities. Sets priorities and reconciles directions from competing interests Works on programs with complex features. Makes decisions with broad influence on the activities of their organizations. Makes authoritative decisions and recommendations that are conclusive, and have a far-reaching impact on the organization. Demonstrates a high degree of creativity, foresight, and mature judgment in planning, organizing and guiding exten- sive programs and activities of major consequence. Technical Responsibilities Reviews complete project documents for conformity and quality assurance. Develops new techniques and/or improved processes, materials, or products. Assists upper level manage - and staff as a technical specialist staff advisor. Serves as the technical spe- cialist for the organization in the application of advanced concepts, principles, and methods in an assigned area. Keeps informed of new develop- • ments and requirements affect- ing the organization for the pur- pose of recommending changes in programs or applications. Interprets, organizes, executes and coordinates assignments. Develops standards and guidelines. Leads the organization in a broad area of specialization or in narrow but intensely specialized field. Performs advisory or con - suiting work for the organiza- tion for broad program areas or an intensely specialized area with innovative or im- portant aspects. Performs advisory or consult- ing work for the organization for broad program areas or an intensely specialized area with Managerial Responsibilities Supervises all staff necessary to complete assignments. Reviews and approves scopes, budgets, and sched ules for assignments. Prepares proposals to pro vide professional services or obtain funding for engineer- ing projects or programs. Supervises a staff of engi- neers and technicians. Plans, schedules, or coor- dinates the preparation of documents or activities for multiple major projects, or is responsible for an entire pro gram of an organization. Reviews operational proce- dures to insure compliance with applicable policies and performance measures. Supervises several organiza- tional segments or teams. Rec- ommends facilities, personnel, and funds required to carry out Programs Oversees the techni- cal, legal, and financial issues of an entire program. Determines program objec- tives and requirements. Develops standards and guidelines. Leads an entire program of critical importance. Decides the kind and extent of engineering and related programs needed for accom- plishing the objectives of an organization. Direction Received Receives supervision and guidance relating to overall objectives, critical issues, new concepts, and policy matters. Receives direction on un- usual conditions and devel- opments. Receives administrative supervision with assign ments given in terms of broad general objectives and limits. Receives administrative supervision with assign- ments given in terms of broad general objectives and limits. Receives general administra- tive direction from a board of directors or regional council. Communication Skills Possesses advanced oral and written communication skills. Represents the organization in communications and con ferences pertaining to broad aspects of engineering as signments. Routinely interacts with cli- ents, customers, officials, contractors, and others. Leads project meetings and makes presentations. Represents the organization and maintains liaison with and individuals and related orga- nizations. Possesses exceptional oral and written communication skills. Routinely interacts with orga- nization leaders, clients, cus- tomers, officials, contractors, and others. Initiates and maintains exten- sive contacts with key engi- veers and officials or other organizations and companies and is skilled in persuasion and negotiation of critical issues. Negotiates critical and con - troversial issues with top - level engineers and officers of other organizations and companies. Conducts presentations and in - may participates mediaents their terviews. Represents organization at important functions or conferences, in eluding media interviews as required. Typical Titles Senior Engineer, Project Man- ager, Associate Professor Principal Engineer, District Engineer, Engineering Man- ager, Professor Director, Program Manager, City Engineer, County Engineer, Division Engineer, Department Head, Vice President Bureau Engineer, Director of Public Works, Dean, President Equivalent Federal a....l Crhedule GS-12 GS-13 GS-14 GS-15, Senior Executive Ser- vice (SES) Page 955& 98 Class Title: City Engineer Department: Engineering Division: Engineering CITY OF MOAB JOB DESCRIPTION Class Code: Pay Grade: 18 Effective Date: January 11, 2005 Date Revised: GENERAL PURPOSE Performs a variety of professional, technical and supervisory civil engineering functions. REPORTING RELATIONSHIPS Supervision Received: The City Engineer works under the general and broad policy guidance of the City Manager. Supervision Exercised: The City Engineer may provide general and close supervision over Engineering Department employees. ESSENTIAL FUNCTIONS Oversees Engineering Department activities; may direct activities of personnel in the carrying out of functions; may evaluate employee work performance with assistance of appropriate supervisor; participates in and approves all personnel actions in the Engineering Department; coordinates training and education programs for the Department. Designs city public works, community development and public facilities construction projects, including but not limited to: streets, sidewalks, stoup water facilities, water and sewer lines, trails and park improvements; performs field measurements and assessments as required for the design and construction of city construction projects; assists with the acquisition of easements and rights of way for city construction projects. Prepares bid specifications for city construction projects; provides cost estimates for city construction projects; assists with the administration of construction contracts; performs project management and construction project inspection for selected projects; acts as City Engineer signatory; reviews site plans and requests for services; reads and interprets engineering plans and specifications; meets with developers and contractors; interprets city ordinances and makes recommendations for changes; ensures compliance with all standards and regulations for the engineering functions of the City. Coordinates engineering -related activities with other city departments and outside agencies; Works closely with other departments in carrying out of engineering functions for the City; Agenda ngineer 1/11/05 Page 1 of 3 Page 96 of 98 participates with city staff and outside agencies in the review of development activities and city projects; provides staff support to other city departments as needed and/or directed. Assists with the selection and supervision of consultant professional engineers for specialized engineering work; assists with the administration of professional service contracts. Assists in annual budget preparation; monitors expenditures in the Engineering Department; determines equipment, personnel and materials needs for the Engineering Department; assists with the preparation of the City's Capital Improvement Plan. Participates in the long and short term planning activities of the City; makes recommendations to the City Manager regarding engineering issues; makes regular reports to the City Manager; reviews and prepares technical reports and studies; attends public meetings and provides recommendations and input; prepares presentation materials; represents the City in meetings with the public and other public entities. MINIMUM QUALIFICATIONS A. Education and Experience 1. A Bachelor's degree in civil engineering or closely related field AND 2. Three (3) years of experience in professional civil engineering work, including one (1) year of supervisory experience OR 3. An equivalent combination of education and experience B. Required Knowledge, Skills and Abilities 1. Considerable knowledge of the modern principles, practices, methods, materials and techniques of civil engineering as applied to private development projects and public works, utilities, and construction projects; considerable knowledge of applicable laws and codes relevant to civil engineering. 2. Working knowledge of project management and contract administration; working knowledge of capital improvement planning and budgeting. 2. Ability to use a full range of computer programs, equipment and materials as applied to civil engineering, including word processing and spreadsheet applications as well as GIS and CAD -based software programs; ability to motivate, supervise and evaluate subordinates; ability to communicate effectively both orally and in writing; ability to establish and maintain effective working relationships with employees, other departments and agencies, and the public. Agenda ngineer 1/11/05 Page 2 of 3 Page 97 of 98 C. Special Qualifications (Licenses, Certifications, etc.) Registration as a Professional Engineer from the State of Utah at the time of appointment. Upon employment, must possess a valid Utah driver's license. D. Work Environment and Physical Demands The City Engineer may work in variable weather and traffic conditions and other potentially hazardous circumstances with the use of safety equipment. The Engineer performs light labor. Tasks regularly include walking, standing, stooping, sitting, reaching, climbing and lifting. Talking, hearing and seeing are necessary for performing most essential duties. Common eye, hand and finger dexterity is required for most essential functions. SELECTION GUIDELINES Formal application; interview with hiring authority. Successful completion of a pre- employment drug and alcohol screen test. Agenda ngineer 1/11/05 Page 3 of 3 Page 98 of 98