HomeMy Public PortalAboutPKT-CC-2010-09-14CITY OF MOAB
September 14, 2010
PRE-COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CHAMBERS
(217 East Center Street)
Moab City CouncilMaster Meeting Calendar*19/2/2010 2:23 PM*Meeting end times are approximations onlyMoab City Recorder's OfficeSMTWT F S123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30September 2010SMTWT F S12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031October 2010September 2010Aug 29 - Sep 4Aug 293031Sep 12347:00pm 9:00pm CVTC3:00pm 4:00pm GCSWSSD3:30pm 4:00pm MARC7:00pm 9:00pm GWSSASep 5 - 115678910113:00pm 4:00pm GC Counci5:00pm 6:00pm KZMU Boa7:00pm 9:00pm GC Counci6:00pm 7:00pm GC PC7:00pm 8:00pmTSSD6:30pm 8:00pm Moab PC7:00pm 8:00pm CVFP7:00pm 8:00pmTSSSFDSep 12 - 181213141516171812:30pm 2:00pm GCCOA6:00pm 7:00pm GCAB3:00pm 4:00pm GCSDBE W3:00pm 3:30pm MVFPD6:30pm 9:00pm Moab CC6:00pm 7:00pm GCSDBE6:00pm 6:30pm GCRSSD7:00pm 8:30pm GCLBSep 19 - 25192021222324253:00pm 4:00pm GC Counci7:00pm 9:00pm GC Counci6:00pm 7:00pm GC PC6:30pm 8:00pm Moab PCSep 26 - Oct 22627282930Oct 1212:00pm 12:30pm MTPSC5:00pm 6:00pm SEUDHD6:30pm 9:00pm Moab CCSundayMondayTuesdayWednesdayThursdayFridaySaturday
Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday
Moab City CouncilMaster Meeting Calendar*29/2/2010 2:23 PM*Meeting end times are approximations onlyMoab City Recorder's OfficeSMTWT F S12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031October 2010SMTWT F S1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30November 2010October 2010Sep 26 - Oct 2Sep 2627282930Oct 12Oct 3 - 934567896:00pm 7:00pm GCAB3:00pm 4:00pm GC Counci5:00pm 6:00pm KZMU Boa7:00pm 9:00pm GC Counci7:00pm 9:00pm CVTC3:00pm 4:00pm GCSWSSD3:30pm 4:00pm MARC7:00pm 9:00pm GWSSAOct 10 - 161011121314151612:30pm 2:00pm GCCOA3:00pm 4:00pm GCSDBE W3:00pm 3:30pm MVFPD6:30pm 9:00pm Moab CC6:00pm 7:00pm GC PC7:00pm 8:00pmTSSD6:30pm 8:00pm Moab PC7:00pm 8:00pm CVFPOct 17 - 23171819202122233:00pm 4:00pm GC Counci7:00pm 9:00pm GC Counci5:00pm 6:30pm GCLB6:00pm 7:00pm GCSDBE6:00pm 6:30pm GCRSSDOct 24 - 302425262728293012:00pm 12:30pm MTPSC6:30pm 9:00pm Moab CC6:00pm 7:00pm GC PC6:30pm 8:00pm Moab PCSundayMondayTuesdayWednesdayThursdayFridaySaturday
Entry Full Description Meeting Location DatesCHCSSD Canyonlands Health Care Special Service District Grand Center #4 Last ThursdayCVFP Castle Valley Fire Protection Community Center #2 Castle Valley Drive 2nd ThursdayCVPC Castle Valley Planning Commission Community Center #2 Castle Valley Drive 1st WednesdayCVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd WednesdayGCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd TuesdayGC Council Meeting Grand County Council Meeting 125 East Center Street 1st & 3rd TuesdayGCAB Grand County Airport Board 125 East Center Street 2nd TuesdayGCCOA Grand County Council on Aging Grand Center 2nd MondayGCHEC Grand County Higher Education Committee USU Extension Office 4th ThursdayGCHPC Grand County Historic Preservation Committee Grand Center 4th WednesdayGCLB Grand County Library Board 257 East Center Street 2nd WednesdayGCPC Grand County Planning Commission 125 East Center Street 2nd & 4th WednesdayGCRSSD Grand County Recreation Special Service District 217 East Center Street 2nd WednesdayGCSDBE Grand County School District Board of Education 264 South 400 East 3rd WednesdayGCSWSSD Grand County Solid Waste Special Service District 100 Sand Flats Road 1st ThursdayGCWB Grand County Weed Board Grand Center 1st MondayGWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd ThursdayLPC Legislative Policy Committee Utah Local Governments Trust No. SLC 3rd MondayMARC Moab Arts and Recreation Center Advisory Board 111 E. 100 North 1st ThursdayMATCAB Moab Area Travel Council Advisory Board 125 East Center Street 4th ThursdayMC Council Meeting Moab City Council Meeting 217 East Center Street 2nd & 4th TuesdayMCPC Moab City Planning Commission 217 East Center Street 2nd & 4th ThursdayMMAD Moab Mosquito Abatement Distrcit 1000 East Sand Flats Road 1st or 2nd ThursdaySEUALG South Eastern Utah Association of Local Government Price 2nd ThursdaySEUDHD South Eastern Utah District Health Department Green River City OfficesTRAIL MIX Trail Mix Grand Center 2nd Tuesday noonTSSD Thompson Special Service District Thompson Springs Fire Station 2nd TuesdayTSSFD Thompson Special Service Fire District Thompson Springs Fire Station 2nd Thursday
City of Moab – Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, September 14, 2010 at 7:00 p.m.
6:30 p.m. PRE‐COUNCIL WORKSHOP
7:00 p.m. CALL TO ORDER AND PLEDGE OF ALLEGIANCE
SECTION 1: APPROVAL OF MINUTES
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3‐1 Community Development Department
3‐2 Engineering Department
3‐3 Planning Department
3‐4 Police Department
3‐5 Public Works Department
SECTION 4: NEW BUSINESS
4‐1 Approval of a Special Event License for the Moab Century Tour to Conduct a
Road Cycling Event on September 17 and 18, 2010 at 1551 North Highway
191
4‐2 Approval of a Special Business Event License for Raft for the Cure 2011 to
Conduct Benefit Event on June 24 and 25, 2011
4‐3 Approval of a Request for Use of Swanny City Park by Moab Adventure
Center to Conduct a Benefit Event on June 24 and 25, 2011
4‐4 Confirmation of Mayoral Appointment of Jeff Foster as Moab City Public
Works Director
4‐5 Award of the Williams Way Re‐pavement Project
4‐6 Approval of the Williams Way Re‐pavement Project Contract
4‐7 Proposed Ordinance #2010‐15 – An Ordinance Amending the City of Moab
Municipal Code, Section 17.12.030, Non‐conforming Uses and Non‐
complying Buildings
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259‐5121
Fax Number (435) 259‐4135
www.moabcity.org
4‐8 Proposed Ordinance #2010‐13 – An Ordinance Amending the City of Moab
Municipal Code, Section 17.09 and 17.70 by Establishing Standards and
Conditions for Approval of Specific Conditional Uses
SECTION 5: OLD BUSINESS
5‐1 Discussion and Presentation Regarding a Proposed South Area Annexation
SECTION 6: READING OF CORRESPONDENCE
SECTION 7: ADMINISTRATIVE REPORTS
SECTION 8: REPORT ON CITY/COUNTY COOPERATION
SECTION 9: MAYOR AND COUNCIL REPORTS
SECTION 10: APPROVAL OF BILLS AGAINST THE CITY OF MOAB
SECTION 11: ADJOURNMENT
In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting
should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259‐5121 at least three
(3) working days prior to the meeting. Check our website for updates at: www.moabcity.org
CONSTRUCTION CONTRACT
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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CONSTRUCTION CONTRACT
PROJECT TITLE: Williams Way Repavement Project
This CONTRACT is made this 14th day of September, 2010, by and between the City of Moab,
217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as “CITY”) and LeGrand
Johnson Construction Company, (hereinafter referred to as ”CONTRACTOR”)
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree
as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract
Documents. The work is known as and is hereinafter referred to as WILLIAMS WAY
REPAVEMENT PROJECT and is described in detail in the Contract Documents which contain
the full scope of work.
1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all
work in a proper and workmanlike manner, with appropriate consideration for public safety
and convenience, consistent with the highest standards of professional and construction
practices and in full compliance with, and as required by or pursuant to, this Contract, and with
the greatest economy, efficiency, and expediency consistent therewith all as more particularly
described in the Contract Documents.
ARTICLE 2 - CITY’S REPRESENTATIVE
CITY has appointed a CITY’S REPRESENTATIVE (sometimes referred to as PUBLIC
WORKS DIRECTOR and sometimes known as the Owner’s Representative or Construction
Manager) to manage this Project and to represent the CITY on the Project site. The PUBLIC
WORKS DIRECTOR will assume all duties and responsibilities and will have all rights and
authority assigned to the PUBLIC WORKS DIRECTOR in the Contract Documents in
connection with completion of the Work in accordance with the Contract Documents. Any
references in the Contract Documents, or other pertinent documents, to the Engineer or
Project Engineer shall mean the PUBLIC WORKS DIRECTOR.
The CITY’S REPRESENTATIVE for this Project is: PUBLIC WORKS DIRECTOR
ARTICLE 3 - CONTRACT TIME
3.01 CONTRACTOR shall submit to CITY, on or before the effective date of this Contract, a
Construction Progress Schedule in Critical Path Method (CPM) format indicating the times for
starting and completing the various stages of the Work, including any Milestones specified in
this Contract and as more fully described in the General Conditions and other Contract
Documents. Revisions/updates to the CPM schedule shall be submitted as often as necessary
to accurately reflect plans for completion of the work, but no less frequently than required in
the Contract Documents.
3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial
Completion and for Final Completion and readiness for final payment as stated in the Contract
Documents, are of the essence of the Contract.
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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3.03 The Work shall be substantially complete within 45 calendar days after the date when
the Contract Times commence to run as provided in the Contract Documents, and all Work
shall be finally completed and ready for final payment in accordance with the Contract
Documents within 60 calendar days after the date when the Contract Time commences to run.
3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the
Contract Documents within the time periods specified shall constitute a material breach of this
Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and
receives an extension of time, in accordance with the procedures set forth in the Contract
Documents.
3.05 Failure of CITY to insist upon the performance of any covenant or condition within the
time periods specified shall not constitute a waiver of CONTRACTOR’S duty to perform every
other covenant or condition within the designated periods, unless a specific waiver is granted
in writing for each such covenant or condition.
3.06 The CITY’S agreement to waive a specific time provision or to extend the time for
performance shall not constitute a waiver of any other time provisions contained in the
Contract Documents. Failure of CONTRACTOR to complete performance promptly within the
additional time authorized in the waiver or extension of time agreement shall constitute a
material breach of this Contract entitling CITY to all the remedies set forth herein or provided
by law.
ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES
4.01 Liquidated Damages:
A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are
reasonable estimates of such damages, that said amounts do in fact bear a
reasonable relationship to the damage that would be sustained by CITY, and
CONTRACTOR agrees to pay such liquidated damages as herein provided.
B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and
that CITY will suffer financial loss, in addition to and apart from the costs described in
Paragraph 4.02, if the Work and/or portions of the Work are not performed and
completed within the times specified in Article 3, plus any extensions thereof allowed
in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR
agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR
shall pay CITY two hundred dollars and no cents ($200) for each calendar day that
expires after the time specified in Article 3 for substantial completion, until the Work is
substantially complete. After Substantial Completion, if CONTRACTOR shall neglect,
refuse or fail to complete the remaining Work within the Contract Time or any proper
extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred
dollars and no cents ($500) for each day that expires after the time specified in Article
3 for final completion and readiness for final payment.
4.02 Special Damages:
In addition to the amounts provided for liquidated damages, CONTRACTOR shall
pay CITY the actual costs reasonably incurred by CITY for the PUBLIC WORKS
DIRECTORRESENTATIVE, the Project Designer and for engineering and inspection
forces employed on the Work for each day that expires after the time specified in
Article 3 for Final Completion, including any extensions thereof made in accordance
with the Contract Documents, until the Work is finally complete. The rate for CITY
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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inspection services for this contract is $60 per hour. The rate for work by the PUBLIC
WORKS DIRECTORRESENTATIVES is $60 per hour. Each of these hourly rates is
calculated at time and one half for work required to be performed during other than
normal business hours.
4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount
of liquidated damages, special damages, and other damages incurred by the City as provided
in the Contract Documents.
ARTICLE 5 - CONTRACT PRICE
CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract
Documents the amounts set forth or calculated as specified in this Article 5.
5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those
amounts listed on the Bid Schedule attached as Exhibit A. All specific cash allowances are
included in such lump sum unit price and have been computed in accordance with the
Contract Documents.
5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each
separately identified item of Unit Price Work, as indicated in Exhibit A, times the actual
quantity of that item installed or constructed in the work, as determined by PUBLIC WORKS
DIRECTOR in accordance with the Contract Documents. The unit prices listed on the Bid
Schedule (as revised on September 10, 2010) are all-inclusive of labor, material, profit,
overhead, taxes and other miscellaneous costs pertinent to each work or bid item.
The not-to-exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid
Schedule is Three Hundred and Fifty Four Thousand Seven Hundred and Eighty Three Dollars
and No Cents, ($354,783.00). As provided in the Contract Documents, estimated quantities are
not guaranteed, and determinations of actual quantities and classifications are to be made by
PUBLIC WORKS DIRECTOR. In the event CONTRACTOR believes the quantities of any item
of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify
PUBLIC WORKS DIRECTOR before proceeding with that item of Work in order to allow
PUBLIC WORKS DIRECTOR to document and record the actual quantities. If CONTRACTOR
fails to notify PUBLIC WORKS DIRECTOR prior to proceeding with any item of the Work and
PUBLIC WORKS DIRECTOR is unable to verify the actual quantities to his or her satisfaction,
CONTRACTOR shall be bound to the quantities estimated by PUBLIC WORKS DIRECTOR. In
the event that actual quantities used and incorporated into the Work for all Unit Price Work are
less than the estimates shown in Exhibit A, then the contract price shall be adjusted downward
proportionately based upon the specified unit prices and the actual quantities used.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with
the Contract Documents. No payment application will be considered complete unless it is
accompanied by an updated Construction Progress Schedule and a certification that the on-
site, red lined, as-built drawings are up to date. Each application for payment shall constitute a
certification by the Contractor that all statements contained in the application are true and
correct and that the work represented in the application is complete to the extent specified and
done in conformity with the Contract Documents. Completed Applications for Payment will be
processed by PUBLIC WORKS DIRECTOR as provided in the Contract Documents.
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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6.02 Progress Payments:
A. On or before the first (1st) day of each month after the date when the Contract Time
commences to run, CONTRACTOR shall submit to PUBLIC WORKS DIRECTOR, for
review, completed Applications for Payment covering Work performed during the
preceding calendar month. Provided a pay application is complete and submitted on
or before the first of each month, the CITY will make monthly progress payments
based on the progress of the Work, as shown on CONTRACTOR’S Application for
Payment, and as certified and approved by PUBLIC WORKS DIRECTOR and
measured by the schedule of values provided for in the General Conditions on or
before the 15th of each month, subject to the other conditions set forth herein and in
the other Contract Documents. Complete pay applications submitted after the first of
each month shall be due on or before twenty five (25) days from the date of submittal
to the PUBLIC WORKS DIRECTOR, provided that they are certified for payment.
B. To insure the proper performance of the contract CITY shall retain five percent (5%)
of the amount of each approved progress payment until the Work is certified by the
PUBLIC WORKS DIRECTOR as being Substantially Complete.
C. CITY may withhold and deduct from progress payments, retention proceeds, or final
payment an amount equal to CITY’S estimate of the liquidated damages then due, or
that would become due based on CITY’S estimate of late completion of the Work,
together with such other sums as are provided in these Contract Documents.
6.03 Final Payment: Upon final completion and acceptance of the Work and upon
compliance with all other terms and conditions of the Contract Documents, CITY shall pay the
remainder of the Contract Price, including retainage withheld, less such deductions as may be
withheld to cover claims in accordance with state law and the Contract Documents, and to
cover liquidated and special damages and other charges owing to CITY.
ARTICLE 7 - CONTRACTOR’S REPRESENTATIONS
As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the
following representations:
7.01 CONTRACTOR has examined and carefully studied the Contract Documents
(including any Addenda) and other related data identified in the Bidding Documents, including
“technical data” and all federal, state and local laws, ordinances, standards, rules and
regulations that in any manner may affect cost, progress, performance or furnishing of the
Work.
7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for
having done so) the reports of investigations, explorations, tests, studies and data concerning
conditions (surface, subsurface and underground facilities) and the drawings of physical
conditions in or relating to existing surface or subsurface structures, at or contiguous to the
site or otherwise which may affect cost, progress, performance or furnishing all the Work or
which relate to any aspect of the means, methods, techniques, sequences and procedures of
construction to be employed by CONTRACTOR and safety precautions and programs incident
thereto. The reports and drawings available to CITY are listed in the Supplementary
Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract
Documents and may not be complete for CONTRACTOR’s purposes. CONTRACTOR
acknowledges that CITY and CITY’S REP do not assume responsibility for the accuracy or
completeness of information and data shown or indicated therein with respect to Underground
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for
locating and resolving any conflicts with any Underground Facilities.
7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance or furnishing of
the Work.
7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests,
studies and related data as he deems necessary, and CONTRACTOR does not consider that
any additional examinations, investigations, explorations, tests, studies or data are necessary
for the performance and furnishing of the Work at the Contract Price, within the Contract times
and in accordance with the other terms and conditions of the Contract Documents.
7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observations obtained from visits to the site, reports and drawings identified in the
Contract Documents and all additional examinations, investigations, explorations, tests,
studies, reports, and data, with the terms and conditions of the Contract Documents.
7.06 CONTRACTOR has given PUBLIC WORKS DIRECTOR written notice of all conflicts,
errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and
the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract
Documents are sufficient to indicate and convey understanding of all terms and conditions for
performance and furnishing of the Work. CONTRACTOR assumes full responsibility and
liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not
limited to, the specifications, design and engineering for the project, for which written notice
has not been provided and which an adequate review by CONTRACTOR would have
revealed.
ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA
The Contract Documents which comprise the entire agreement between CITY and
CONTRACTOR concerning the Work consist of those listed below. There are no Contract
Documents other than the following:
8.01 The Contract
8.02 Addendum Number 1.
8.03 The Technical Specifications
8.04 The Drawings, comprised of a set entitled City of Moab, Williams Way Repavement
Project (Revised September 10, 2010)
8.05 Performance Bond and Payment Bond.
8.06 General Conditions (pages 1 to 47, inclusive).
8.07 Notice to Proceed to be issued after Contract award, prior to construction.
8.08 Bid Schedule
8.09 The following which may be delivered or issued after the Effective Date of this Contract
and are not attached hereto:
A. Written Amendments;
B. Work Change Directives;
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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C. Change Order(s).
ARTICLE 9 - INSURANCE
9.01 General Insurance Requirements:
A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the
types and amounts required in this section, with companies possessing a current
A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the
State of Utah with policies and forms satisfactory to CITY.
B. Policies written on a “Claims made” basis are not acceptable without written
permission from the City’s Attorney.
C. All insurance required herein shall be maintained in full force and effect until all work
or services required to be performed under the terms of this Agreement is
satisfactorily completed and formally accepted. Failure to do so may, at the sole
discretion of CITY, constitute a material breach of this Agreement and may result in
termination of this contract.
D. If any of the insurance policies are not renewed prior to expiration, payments to the
CONTRACTOR may be withheld until these requirements have been met, or at the
option of the City, the City may pay the Renewal Premium and withhold such
payments from any monies due the CONTRACTOR.
E. All insurance policies, except Workers’ Compensation and Professional Liability
required by this Agreement, and self-insured retention or deductible portions, shall
name, to the fullest extent permitted by law for claims arising out of the performance
of this contract, the City of Moab, its agents, representatives, officers, directors,
officials and employees as Additional Insureds.
F. CONTRACTOR’s insurance shall be primary insurance over any insurance available
to the CITY and as to any claims resulting from this contract, it being the intention of
the parties that the insurance policies so effected shall protect both parties and be
primary coverage for any and all losses covered by the described insurance.
G. The insurance policies, except Workers' Compensation, shall contain a waiver of
transfer rights of recovery (subrogation) against CITY, its agents, representatives,
officers, directors, officials and employees for any claims arising out of
CONTRACTOR 's acts, errors, mistakes, omissions, work or service.
H. The insurance policies may provide coverage which contain deductibles or self-
insured retentions. Such deductible and/or self-insured retentions shall be assumed
by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR
shall be solely responsible for the deductible and/or self-insured retention. The
amounts of any self-insured retentions shall be noted on the Certificate of Insurance.
CITY, at its option, may require CONTRACTOR to secure payment of such
deductibles or self-insured retentions by a Surety Bond or an irrevocable and
unconditional letter of credit. Self-insured retentions in excess of $10,000 will not be
accepted except with permission of the Management Services Director/designee.
I. All policies and certificates shall contain an endorsement providing that the coverage
afforded under such policies shall not be reduced, canceled or allowed to expire until
at least thirty (30) days prior written notice has been given to CITY.
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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J. Information concerning reduction of coverage on account of revised limits or claims
paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR
with reasonable promptness in accordance with the CONTRACTOR‘s information and
belief.
K. In the event that claims in excess of the insured amounts provided herein, are filed by
reason of any operations under this contract, the amount of excess of such claims, or
any portion thereof, may be withheld from payment due or to become due the
CONTRACTOR until such time as the CONTRACTOR shall furnish such additional
security covering such claims as may be determined by the CITY.
9.02 Proof of Insurance - Certificates of Insurance
A. Prior to commencing work or services under this Agreement, CONTRACTOR shall
furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as
evidence that policies providing the required coverages, conditions and limits required
by this Agreement are in full force and effect and obtain from the City’s Risk
Management Division approval of such Certificates.
B. If a policy does expire during the life of this Agreement, a renewal certificate must be
sent to the City of Moab five (5) days prior to the expiration date.
C. All Certificates of Insurance shall identify the policies in effect on behalf of
CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall
include the job site and project number and title. Coverage shown on the Certificate
of Insurance must coincide with the requirements in the text of the contract
documents. Information required to be on the certificate of Insurance may be typed
on the reverse of the Certificate and countersigned by an authorized representative of
the insurance company.
D. CITY reserves the right to request and to receive, within 10 working days, certified
copies of any or all of the herein required insurance policies and/or endorsements.
CITY shall not be obligated, however, to review same or to advise CONTRACTOR of
any deficiencies in such policies and endorsements, and such receipt shall not relieve
CONTRACTOR from, or be deemed a waiver of CITY’s right to insist on, strict
fulfillment of CONTRACTOR’s obligations under this Agreement.
9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set
forth below which may arise out of or result from the operations of CONTRACTOR under this
Contract and for which CONTRACTOR may be legally liable, whether such operations be by
the CONTRACTOR or by a Sub-consultant or subcontractor or by anyone directly or indirectly
employed by any of them, or by anyone for whose acts any of them may be liable. Coverage
under the policy will be at least as broad as Insurance Services Office, Inc., policy form
CG00011093 or equivalent thereof, including but not limited to severability of interest and
waiver of subrogation clauses.
A. Claims under Workers' Compensation, disability benefit and other similar employee
benefit acts which are applicable to the Work to be performed;
B. Claims for damages because of bodily injury, occupational sickness or disease, or
death of the Contractor's employees;
C. Claims for damages because of bodily injury, sickness or disease, or death of any
person other than the Contractor's employees;
D. Claims for damages insured by usual personal injury liability coverage;
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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E. Claims for damages, other than to Work itself, because of injury to or destruction of
tangible property, including loss of use resulting therefrom;
F. Claims for damages because of bodily injury, death of a person or property damage
arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at
least as broad as Insurance Service Office, Inc., coverage Code “I” “any auto” policy
form CA00011293 or equivalent thereof.
G. Claims for bodily injury or property damage arising out of completed operations;
H. Claims involving contractual liability insurance applicable to the Contractor's
obligations under the Indemnification Agreement;
I. Claims for injury or damages in connection with one’s professional services;
J. Claims involving construction projects while they are in progress. Such insurance
shall include coverage for loading and off loading hazards. If any hazardous material,
as defined by any local, state or federal authorities are to be transported, MCS 90
endorsement shall be included;
9.04 Commercial General Liability - Minimum Coverage Limits:
The Commercial General Liability insurance required herein shall be written for not less
than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever
coverage is greater. Any combination between general liability and excess general
liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per
occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage
will be acceptable. The Commercial General Liability additional insured endorsement shall
be as broad as the Insurance Services, Inc’s (ISO) Additional Insured, Form B, CG
20101001, and shall include coverage for CONTRACTOR’s operations and products, and
completed operations.
9.05 General Liability - Minimum Coverage Limits
A. The General Liability insurance required herein, including, Comprehensive Form,
Premises-Operations, Explosion and Collapse, Underground Hazard,
Products/Completed Operations, Contractual Insurance, Broad Form Property
Damage, Independent Contractors, and Personal Injury shall be written for Bodily
Injury and Property Damage Combined shall be written for not less than $1,000,000
or 10% of the contract cost and with a $2,000,000 aggregate.
B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile
Liability insurance with a combined single limit for bodily injury and property damage
of not less than $1,000,000 each occurrence with respect to any owned, hired, and
non-owned vehicles assigned to or used in performance of the CONTRACTOR’s
work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance
Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such
insurance shall include coverage for loading and off loading hazards if hazardous
substances, materials or wastes are to be transported and a MCS 90 endorsement
shall be included with coverage limits of $5,000,000 per accident for bodily injury and
property damage.
9.06 Worker’s Compensation and Employer’s Liability:
A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations
imposed by federal and state statutes having jurisdiction over CONTRACTOR's
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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employees engaged in the performance of the Work or Services; and, Employer's
Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease
coverage for each employee, and $1,000,000 disease policy limit.
B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to
provide Workers' Compensation and Employer's Liability to at least the same extent
as required of CONTRACTOR.
ARTICLE 10 - INDEMNIFICATION
To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold
harmless the City of Moab, its agents, representatives, officers, , officials and employees from
and against all claims, damages, losses and expenses (including, but not limited to, attorney
fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to
have resulted from the acts, errors, mistakes, omissions, work or services of the
CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this
Contract. CONTRACTOR’S duty to defend, hold harmless and indemnify the City of Moab, its
agents, representatives, officers, directors, officials and employees shall arise in connection with
any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from
any acts, errors, mistakes, omissions, work or services in the performance of this contract
including any employee of the CONTRACTOR or any tier of subcontractor or any other person
acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The
amount and type of insurance coverage requirements set forth herein will in no way be
construed as limiting the scope of the indemnity in this paragraph.
ARTICLE 11 - MISCELLANEOUS
11.01 Terms used in this Contract which are defined in the General Conditions, shall have
the meanings indicated in the General Conditions.
11.02 The failure of any party to enforce against another party any provision of this Contract
shall not constitute a waiver of that party’s right to enforce such a provision at a later time, and
shall not serve to vary the terms of this Contract.
11.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
representatives in respect to all covenants, agreements, and obligations contained in these
Contract Documents.
City of Moab – Construction Contract
Project: Williams Way Repavement Project
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IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year
first written above.
This Contract will be effective on _____________________, 2010.
FOR THE CITY OF MOAB FOR THE CONTRACTOR
_____________________________ _______________________________
MAYOR Signature
ATTEST: ATTEST: If Corporation
_____________________________ _______________________________
City Clerk Secretary