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Home My Public Portal AboutPKT-CC-2009-12-15CITY OF MOAB December 15, 2009 PRE-COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS (217 East Center Street) Page 1 of 71 Page 2 of 71 Updated on: 11/6/2009 Moab City Recorder’s Office Sun Mon Tue Wed Thu Fri Sat 1 2 7:00 CVPC 3 4 5 6 7 4:00 GCWB 6:00 GCAB 8 12:00 TRAIL MIX 3:00 MVFPOC 5:00 GCCMD 7:00 MC Council Meeting 9 6:00 GCPC 10 6:00 MCPC 11 12 13 14 12:30 GCCOA 15 16 5:00 GCLB 6:30 CVTC 7:00 GCRSSD 17 5:30 TCAB 18 19 20 21 22 3:00 MTPSC 7:00 MC Council Meeting 23 6:00 GCPC 24 25 26 27 28 29 30 31 2009 December Page 3 of 71 City of Moab – Regular Council Meeting (Rescheduled) City Council Chambers: 217 East Center Street Tuesday, December 15, 2009 at 7:00 p.m. 6:30 p.m. PRE-COUNCIL WORKSHOP 7:00 p.m. Call to Order: Pledge to Flag: SECTION 1: APPROVAL OF MINUTES 1-1 October 27, 2009 1-2 November 10, 2009 SECTION 2: CITIZENS TO BE HEARD SECTION 3: DEPARTMENTAL UPDATES 3-1 Community Development Department 3-2 Engineering Department 3-3 Planning Department 3-4 Police Department 3-5 Public Works Department SECTION 4: PRESENTATIONS 4-1 Presentation of the Mayor’s Student Citizenship of the Month Award for December 2009 for Helen M. Knight Intermediate School 4-2 Presentation of Fiscal Year 2008-2009 Annual Audit by Larson & Rosenberger, LLC SECTION 5: NEW BUSINESS 5-1 Approval of a Temporary Class III Beer License for Remy Paul Cross, d.b.a. City Market #410, Located at 425 South Main Street to Conduct Retail Sales 5-2 Approval of the 2010 City of Moab Regular Council Meeting Schedule 5-3 Approval of the 2010 City of Moab Holiday Schedule 5-4 Approval of the 2010 City of Moab Planning Commission Schedule City of Moab 217 East Center Street Moab, Utah 84532 Main Number (435) 259-5121 Fax Number (435) 259-4135 www.moabcity.org Page 4 of 71 5-5 Approval of a Moved-on Structure Permit for Mark Zink, d.b.a. Moab City Car Wash, LLC Located at 311 South Main Street to Conduct Retail Sales on March 30, 2010 5-6 Approval of a Special Event License for Grand Fondo Moab to Conduct a Timed Road Bicycling Event on April 30 to May 2, 2010 with a Registration Event to be held at Swanny City Park 5-7 Approval of Proposed Resolution #28-2009 - A Resolution of the Governing Body of the City of Moab Authorizing Delinquent Terminated Utility Accounts to be Written off the Accounting System 5-8 Approval of a Class II Beer License for Jeanine L. Cassano, d.b.a. Slickrock Café located at 5 North Main Street 5-9 Approval of Amendment #1 to the Construction Manager At Risk (CMAR) Contract for the Grand County Recreation & Aquatic Center Project by and between the City of Moab and Hogan and Associates 5-10 Approval of Proposed Resolution #29-2009 – A Resolution Approving an Interlocal Agreement by and between the City of Moab and Grand County for Relocation of a Waterline SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: PAY THE BILLS AGAINST THE CITY OF MOAB SECTION 11: ADJOURNMENT In compliance with the Americans with Disabilities Act, individuals needing special accommodations during this meeting should notify the Recorder’s Office at 217 East Center Street, Moab, Utah 84532; or phone (435) 259-5121 at least three (3) working days prior to the meeting. Check our website for updates at: www.moabcity.org Page 5 of 71 October 27, 2009 Page 1 of 2 MOAB CITY COUNCIL REGULAR MEETING October 27, 2009 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre-Council Workshop to order at 6:30 PM. In attendance were Councilmembers Gregg Stucki, Jeffrey Davis, Sarah Bauman and Kyle Bailey; City Recorder/Assistant City Manager Rachel Ellison, Community Development Director David Olsen, Planning Director Jeff Reinhart, Public Works Director Brent Williams and City Treasurer Jennie Ross. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Twenty-four (24) members of the audience and media were present. There were no Citizens to be Heard. A Community Development Department Update was not given. An Engineering Department Update was not given. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. Mayor Sakrison Presented Akyra McNeely with the Mayor’s Student Citizenship of the Month Award for October 2009 for the Helen M. Knight Intermediate School. Councilmember Bailey moved to approve the First Amendment to the Planned Unit Development (PUD) Improvements Agreement for Mulberry Grove PUD. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Councilmember Davis moved to approve a Special Business Event License for TAP Enterprises Tool Sale Located at 711 South Main Street to be Conducted on November 2 and 3, 2009. Councilmember Stucki seconded the motion. The motion carried 3-1 aye with Councilmember Bailey voting nay. Councilmember Bailey moved to approve a Special Event License for the Moab Folk Festival/Camp at Various Locations to be Conducted November 1 to 8, 2009. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Mayor Sakrison opened a public hearing on Solicitation of Community Development Block Grant Projects for the Small Cities Program for Year 2010 at 7:16 PM. Community Development Director Olsen stated that the project had to meet the three national objectives of the Community Development Block Grant (CDBG) Program as well as the criteria for eligible applications and federal requirements. Community Development Director Olsen stated that he had those written requirements if anyone would like a copy. Community Development Director Olsen stated that 18 projects in our community had been funded with CDBG funds and then detailed several of those projects. Community Development Director Olsen stated that currently the City was working with the Housing Authority of Southeastern Utah on a CDBG project at the Virginian Apartments. Community Development Director Olsen stated REGULAR MEETING & ATTENDANCE PRECOUNCIL WORKSHOP REGULAR MEETING CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE MAYOR’S STUDENT CITIZENSHIP OF THE MONTH FIRST AMENDMENT TO THE MULBERRY GROVE PUD IMPROVEMENTS AGREEMENT, APPROVED SPECIAL EVENT LICENSE FOR TAP ENTERPRISES, APPROVED SPECIAL EVENT LICENSE FOR MOAB FOLK FESTIVAL, APPROVED PUBLIC HEARING OPENED Page 6 of 71 October 27, 2009 Page 2 of 2 that the projects are approved on a competitive basis and that he had two projects proposed. Community Development Director Olsen read a letter from Canyonlands Health Care Special Service District stating that they would like to purchase furniture, fixtures and equipment for the new long term care facility and were asking for matching funding in the amount of $250,000. Community Development Director Olsen then stated that the Housing Authority of Southeastern Utah would like funding to continue the work at the Virginian Apartments to remodel, do interior work and replace water and sewer laterals. Community Development Director Olsen stated that if the City were to apply for funding, it should be used for water or sewer projects. Community Development Director Olsen stated that he would recommend a project at the next City Council Meeting. Councilmember Bailey inquired if there were still two components for CDBG for public infrastructure and housing. Community Development Director Olsen stated that there used to be but now there is only one component. Mayor Sakrison closed the public hearing at 7:21 PM. There was no Correspondence to be Read. An Administrative Report was not given. A Report on City/County Cooperation was not given. Under Mayor and Council Reports, Councilmember Bauman stated that she would be attending the Housing Authority meetings again and that recycling bins were needed at Dixie Park. Public Works Director Williams stated that he would follow up on placement of recycling bins. Councilmember Davis moved to pay the bills against the City of Moab in the amount of $221,773.60. Councilmember Bauman seconded the motion. The motion carried 4-0 aye by a roll-call-vote. Councilmember Davis moved to adjourn. Councilmember Bauman seconded the motion. The motion carried 4-0 aye. Mayor Sakrison adjourned the meeting at 7:25 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder PUBLIC HEARING CLOSED READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT Page 7 of 71 November 10, 2009 Page 1 of 2 MOAB CITY COUNCIL REGULAR MEETING November 10, 2009 The Moab City Council held its Regular Meeting on the above date in the Council Chambers of Moab City Offices, located at 217 East Center Street, Moab, Utah. Mayor David L. Sakrison called the Pre-Council Workshop to order at 6:30 PM. In attendance were Councilmembers Gregg Stucki, Jeffrey Davis, Rob Sweeten and Kyle Bailey; City Manager Donna Metzler, City Recorder/Assistant City Manager Rachel Ellison, Community Development Director David Olsen, City Treasurer Jennie Ross, City Engineer Dan Stenta and Police Chief Mike Navarre. Mayor Sakrison called the Regular City Council Meeting to order at 7:00 PM and Citizen B.D. Howard led in the Pledge of Allegiance. Four (4) members of the audience and media were present. Councilmember Sweeten moved to approve the Regular Council Meeting Minutes of September 22 and October 13, 2009 and the Special Council Meeting Minutes of October 16, 2009. Councilmember Stucki seconded the motion. The motion carried 4-0 aye. Under Citizens to be Heard, Sarah Melnicoff gave the Council and audience an update on the Parkway Partners Project. Ms. Melnicoff stated that the project had been created 15 months ago and had proven very successful. Ms. Melnicoff continued that there are a lot of complex reasons for homelessness and requested that our council and community not turn their backs on the homeless population. Ms. Melnicoff stated that a proposal had been made to Grand County to use the old food bank building as a permanent homeless shelter and multi- use facility in our community. Ms. Melnicoff requested that the City Council invest our resources more wisely to find solutions to these problems. Under Community Development Department Update, Community Development Director Olsen stated that he had been working on the Request for Proposals for Lions Park Architectural Services as well as working on trail easement negotiations with the School and Institutional Trust Lands Administration. Community Development Director Olsen continued that the Trail Mix Committee had received an offer from the Department of Workforce Services to fully fund local teenagers working on the Pipe Dream Trail and that he was also working on an easement with the Housing Authority of Southeastern Utah. Under Engineering Department Update, a written report was distributed. A Planning Department Update was not given. A Police Department Update was not given. A Public Works Department Update was not given. Councilmember Sweeten moved to approve Proposed Resolution #25- 2009 – A Resolution Accepting the Public Improvements Constructed in Association with Secret Cove Subdivision, and Authorizing the Release of the Performance Guaranty Associated with Said Improvements. Councilmember Bailey seconded the motion. The motion carried 5-0 aye. Councilmember Sweeten moved to approve the Request by the Canyonlands Health Care Special Service District’s for a $250,000 PRECOUNCIL WORKSHOP REGULAR MEETING & ATTENDANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD COMMUNITY DEVELOPMENT UPDATE ENGINEERING UPDATE PLANNING UPDATE POLICE UPDATE PUBLIC WORKS UPDATE PROPOSED RESOLUTION #25-2009, APPROVED CDBG 2010 PROGRAM PROJECT, APPROVED Page 8 of 71 November 10, 2009 Page 2 of 2 matching grant to purchase furniture, fixtures, and equipment for the new long term care facility as the 2010 Community Development Block Grant Project. Councilmember Bauman seconded the motion. The motion carried 5-0 aye. There was no Correspondence to be Read. An Administrative Report was not given. A Report on City/County Cooperation was not given. Mayor and Council Reports were not given. Councilmember Bailey moved to pay the bills against the City of Moab in the amount of $261,675.55. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye by a roll-call-vote. Councilmember Bailey moved to adjourn. Councilmember Sweeten seconded the motion. The motion carried 5-0 aye. Mayor Sakrison adjourned the meeting at 7:17 PM. APPROVED: ____________________ ATTEST: ____________________ David L. Sakrison Rachel Ellison Mayor City Recorder READING OF CORRESPONDENCE ADMINISTRATIVE REPORTS REPORT ON CITY/COUNTY COOPERATION MAYOR AND COUNCIL REPORTS APPROVAL OF BILLS MOTION TO ADJOURN, APPROVED ADJOURNMENT Page 9 of 71 Page 10 of 71 Page 11 of 71 City of Moab Regular Council Meeting Schedule 2010 The City of Moab will hold Regular City Council Meetings at 7:00 PM with workshops beginning at 6:30 PM on the second and fourth Tuesdays of each month. All Regular City Council Meetings will be held in the Moab City Council Chambers at 217 East Center Street, Moab, Utah. Meeting dates will be as follows: January 12 January 26 February 9 February 23 March 9 March 23 April 13 April 27 May 11 May 25 June 8 June 22 July 13 July 27 August 10 August 24 September 14 September 28 October 12 October 26 November 9 November 23 December 14 December 28 /s/ Rachel Ellison City Recorder Published in the Times-Independent, December 24 and 31, 2009. Page 12 of 71 City of Moab Holiday Schedule 2010 All City Offices will be closed on the following holidays during 2010: Friday, January 1 New Year’s Day 2010 Monday, January 18 Dr. Martin Luther King Jr. Day Monday, February 15 Presidents’ Day Monday, May 31 Memorial Day Monday, July 5 Independence Day (observed) Friday, July 23 Pioneer Day (observed) Monday, September 6 Labor Day Thursday, November 11 Veterans’ Day Thursday, November 25 Thanksgiving Day Friday, November 26 Day After Thanksgiving Friday, December 24 Christmas Day (observed) Published in the Times-Independent, December 24 and 31, 2009. Page 13 of 71 City of Moab Planning Commission Meeting Schedule 2010 The City of Moab will hold Planning Commission Meetings at 7:00 PM with workshops beginning at 6:30 PM on the second and fourth Thursdays of each month. All Planning Commission Meetings will be held in the Moab City Council Chambers at 217 East Center Street, Moab, Utah. Meeting dates will be as follows: January 14 January 28 February 11 February 25 March 11 March 25 April 8 April 22 May 13 May 27 June 10 June 24 July 8 July 22 August 12 August 26 September 9 September 23 October 14 October 28 November 18 December 9 /s/ Sommar Johnson Zoning Administrator Published in the Times-Independent, December 24 and December 31, 2009 Page 14 of 71 Page 15 of 71 Page 16 of 71 Page 17 of 71 Page 18 of 71 Page 19 of 71 Page 20 of 71 Resolution #28-2009 December 15, 2009 RESOLUTION #28-2009 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB AUTHORIZING DELINQUENT TERMINATED UTILITY ACCOUNTS TO BE WRITTEN OFF OF THE ACCOUNTING SYSTEM WHEREAS, it is important to write off delinquent terminated utility accounts from the Moab City accounting system to maintain integrity of this system; and WHEREAS, Resolution #10-2003 provided conditions for writing off delinquent terminated utility accounts; and WHEREAS, pursuant to Resolution #10-2003, the City Council is authorized to write off accounts over $50.00; NOW THEREFORE WE THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY WRITE OFF THE FOLLOWING DELINQUENT TERMINATED UTILITY ACCOUNTS: DELINQUENT TERMINATED UTILITY ACCOUNTS TO BE WRITTEN OFF THE ACCOUNTING SYSTEM WITH CITY COUNCIL APPROVAL ACCOUNT NUMBER AMOUNT DATE TERMINATED 101406 $ 483.75 06/23/09 205604 87.96 09/01/09 300505 50.86 12/01/08 408103 323.81 03/20/09 508104 185.56 10/23/08 606301 117.86 07/23/09 903207 121.97 10/27/08 1600803 138.66 09/24/09 1604108 97.63 06/15/09 1607805 156.03 09/18/09 2101106 128.60 03/23/09 2308105 51.43 04/01/09 2407802 186.05 03/02/09 TOTAL $2,230.17 RESOLUTION PASSED AND ADOPTED in open meeting of the City Council of Moab City, Utah, this 15TH day of December, 2009. _________________________________ Mayor David L. Sakrison ATTEST: _________________________ Rachel Ellison, City Recorder Page 21 of 71 Page 22 of 71 Page 23 of 71 Resolution #29-2009 Resolution #29- 2009 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF MOAB AND GRAND COUNTY PERTAINING TO THE RELOCATION OF A CITY WATER PIPELINE WHEREAS, COUNTY is engaged in preparing plans, specifications and estimates of costs for a highway reconstruction project identified as STP LC 19(8), Mill Creek Dr.; Spanish Valley Dr. to Murphy Lane in unincorporated Grand County, Utah; and WHEREAS, said reconstruction necessitates work consisting of relocating a portion of CITY's existing water system facilities; and WHEREAS, the Interlocal Cooperation Act (Sections 11-13-1 et Seq. Utah Code Annotated) allows local governmental agencies to enter into agreements that benefit the constituencies of the agencies entering into said agreements; and WHEREAS, the governing bodies of the City and Grand County have determined that the proposed roadway improvements will directly benefit city and county residents alike; NOW THEREFORE, we, the Governing Body of the City of Moab do hereby resolve to enter into an interlocal agreement with Grand County that covers the terms and conditions of the relocation of City water system facilities. Passed and adopted by action of the Governing Body of the City of Moab in open session this 15th day of December, 2009. SIGNED: ______________________________ David L. Sakrison, Mayor ATTEST: __________________________________ Rachel Ellison, Recorder Page 24 of 71 STP-LC19(8); Grand County CID No. 51075; PIN No.4262 Mill Creek-Spanish Dr. to Murphy Ln. CITY OF MOAB Federal ID No. 870296502 INTERLOCAL AGREEMENT THIS AGREEMENT, made and entered into this 15th day of December 2009, by and between GRAND COUNTY, hereinafter referred to as "COUNTY" and the CITY OF MOAB, a Registered CITY in the State of Utah, hereinafter referred to as the "CITY", and jointly as the “PARTIES”, WITNESSETH: WHEREAS, COUNTY is engaged in preparing plans, specifications and estimates of costs for a highway reconstruction project identified as STP LC 19(8), Mill Creek Dr.; Spanish Valley Dr. to Murphy Lane in unincorporated Grand County, Utah; and WHEREAS, said reconstruction necessitates work consisting of relocating a portion of CITY's existing water system facilities as shown on COUNTY’s plans, which by this reference are made a part hereof, and said relocation work is described as follows: A. Remove approximately 230 ft of 10 inch diameter ductile iron water line connected to the existing bridge structure and replace with water line of the same type and diameter connected to the new bridge structure. Said work being located along the east side of Mill Creek Dr. between Sta. 35+00 and 38+00. WHEREAS, project STP LC 19(8) is a Federal Aid project subject to the terms and conditions set forth in Title 23, Code of Federal Regulations, Part 645, Subpart A, Utility Relocations, Adjustments and Reimbursement (23 CFR part 645 A); and said regulation is hereby incorporated into this agreement by reference; and WHEREAS, the PARTIES have determined by formal finding that CITY is not required by law or agreement to move the water line at its own expense; and WHEREAS, in accordance with 23 CFR part 645.117, the CITY is not required to credit the project for any accrued depreciation or betterment for the utility relocation work; and WHEREAS, in accordance with 23 CFR part 645.113, the PARTIES are required to agree in writing on their separate responsibilities for financing and accomplishing the relocation work. NOW THEREFORE, it is agreed by and between the PARTIES hereto as follows: 1. The COUNTY will, at project expense and in conjunction with the above noted highway project, complete the design, prepare plans and specifications, advertise for bids, award contract Page 25 of 71 STP-LC19(8); Grand County CID No. 51075; PIN No.4262 Mill Creek-Spanish Dr. to Murphy Ln. CITY OF MOAB Federal ID No. 870296502 to the low bidder, and will administer construction of the work covered herein. 2. The COUNTY will cover 100% of the cost for the work required to relocate the CITY’s water line in accordance with the project plans and specifications. 3. The COUNTY and or its contractor shall be entitled to all water pipe and appurtenant materials removed in conjunction with the relocation of the CITY water line. CITY may, should it choose to do so, purchase all or part of the salvaged materials back from COUNTY and/or COUNTY’s contractor; provided that the seller is willing to sell and the purchase price is agreed upon by both parties. 4. The CITY hereby grants permission to the COUNTY and its authorized contractor’s to disconnect and remove the existing water line subject to the following conditions: a. CITY water department personnel shall perform the shutdown of the system, b. CITY water department supervisor shall be notified a minimum of two weeks in advance of the desired system shutdown date, c. COUNTY shall make all reasonable efforts to minimize the length of time the system is shutdown, and in no case shall the period of shutdown exceed 120 calendar days without prior written approval by CITY representative. 5. The CITY may, should they desire to do so, perform inspection of the work on CITY’s facilities, which will be performed by COUNTY’s contractor. The COUNTY will notify the CITY representative of any and all construction activity on the CITY’s water system facilities. Notification will be given in the form of an email sent to the CITY representative a minimum of 48 hours in advance of the commencement of activities affecting CITY’s facilities; and such notification will include a brief description of the upcoming work and an estimated time period during which the work will be ready for inspection. COUNTY and/or its contractor shall not be obligated to make the work available for inspection beyond the end of the given time period. 6. CITY’s representative shall work with and through COUNTY’s Resident Engineer and will not give orders directly to COUNTY’s contractor unless authorized in writing to do so. It is agreed that COUNTY’s contractor shall accomplish the work covered herein on CITY’s facilities in accordance with the project plans and specifications, including all modifications to said plans and specifications that are approved in advance by both PARTIES. In the event that CITY, through their inspection of said work, has any problems or concerns with the work, CITY will promptly notify COUNTY’s representative, and the PARTIES shall work together to achieve a solution. 7. In the event that there are changes in the scope of the work, extra work, or changes in the planned work covered by this agreement, a modification to this agreement in the form of a Construction Page 26 of 71 STP-LC19(8); Grand County CID No. 51075; PIN No.4262 Mill Creek-Spanish Dr. to Murphy Ln. CITY OF MOAB Federal ID No. 870296502 Change Order issued by the project Resident Engineer, and signed by representatives of the parties hereto is required prior to the start of work on said changes or additions. 8. The CITY agrees to take ownership of the new water system facilities upon successful completion of construction activities for the entire roadway project. To the extent it may lawfully do so, CITY further agrees to relieve COUNTY from any responsibly or liability that may result from their new facilities or operation thereof. 9. CITY and COUNTY representative for the purposes carrying out this agreement will be the following persons: For the COUNTY County Engineer, Mark Wright 125 East Center St Moab, Utah 84532 Phone: (435) 259-1368 Email: mwright1@grand.state.ut.us For the CITY Public Works Director, Brent Williams 217 East Center St Moab, Utah 84532 Phone: (435) 259-7485 Email: brent@moabcity.org Page 27 of 71 STP-LC19(8); Grand County CID No. 51075; PIN No.4262 Mill Creek-Spanish Dr. to Murphy Ln. CITY OF MOAB Federal ID No. 870296502 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by its duly authorized officers as of the day and year first above written. For the CITY OF MOAB By: Attest: David L. Sakrison, Mayor Rachel Ellison, Recorder Date: Date:_______________ (IMPRESS SEAL) For GRAND COUNTY By: Attest: Title: T itle: Date: Date:_______________ (IMPRESS SEAL) Page 28 of 71 ADM-MEM-09-12-001 To: Honorable Mayor and City Council From: Donna Metzler, City Manager Date: December 11, 2009 Subject: Amendment 1 to CMAR Agreement with Hogan Construction -- Establishing the Guaranteed Maximum Price for the Aquatic Center Project Pursuant to the Agreement with Hogan and Associates Construction for Construction Manager at Risk Services, Hogan has submitted all materials necessary for the City Council to consider and approve the Guaranteed Maximum Price (GMP) for the Moab Recreation and Aquatic Center Project. The original agreement, dated June 9, 2009, provides for the establishment of the GMP in Section 2.2. The agreement calls for the approval of Amendment 1, which establishes the GMP. I have attached the following: 1. A copy of Amendment 1, with required submittals as attachments 2. A copy of the original CMAR agreement 3. A copy of the Project Reconciliation for the project, which establishes the budget for different elements of the project. 4. A DRAFT of the Deductive Change Order that will be submitted to the City Council in January 5. A DRAFT of the Purchase Order for the Myrtha Swimming Pools. I have read through the materials submitted by Hogan in meeting the GMP requirements of the CMAR agreement and I have found Hogan to be in compliance with the agreement for this purpose. Please find attached the required submittals following Amendment 1. The established budget for the CMAR GMP is $6,485,000. The submitted GMP is exactly this amount. Note that the GMP includes the cost of construction, the General Conditions and the CMAR fee, as well as a required contingency. Recall that if any of the contingency or General Conditions funds are not spent, they come back to the City. When combined with design costs, special studies, administrative costs, along with furniture, fixtures and equipment costs, the Guaranteed Maximum Price must be under the total project budget of approximately $7.1 million. Please see the attached Project Reconciliation to see how the GMP fits into the overall budget for the project. The Moab Recreation and Aquatic Center is scheduled to begin construction this month. Hogan Construction has gone through an extensive bidding and negotiation process for all components of the project. Local contractors will likely perform site preparation work, utilities and other project components. Local contractors include KSUE Construction, Heaton Cabinets, Ben Byrd Construction and Le Grand Johnson. There may be some others, as well. City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Mayor: David L. Sakrison Council: Kyle Bailey Jeffrey A. Davis Sarah Bauman Gregg W. Stucki Rob Sweeten Page 29 of 71 ADM-MEM-09-12-001 Note also that the GMP includes ALL construction costs, including those associated with the swimming pools. We had discussed the City’s purchasing the pools directly from the supplier, C.E.M., to save on sales tax, for a saving of about $60,000. We expect to accomplish this direct purchase by executing a deductive change order to the Hogan CMAR agreement in the amount of the cost of the pools. The change order will need to be approved by the City Council. We are negotiating a contract with C.E.M. and will not be in a position to place the deductive change order on the City Council agenda until a contract with C.E.M. is fully negotiated. We should have that ready in the next couple of weeks, ready for the first City Council meeting in January. We will need to have the same sort of arrangement for the outdoor slide, but the lead time on that item is much less, so we have a bit of time to work out the details with the slide supplier. We should go ahead and approve the GMP through Amendment 1 so that Hogan can begin work immediately, without waiting for the City/C.E.M. contract to be negotiated. I recommend approval of Amendment 1 to the CMAR Agreement. Page 30 of 71 Page 31 of 71 Page 32 of 71 Page 33 of 71 Page 34 of 71 Page 35 of 71 Page 36 of 71 Page 37 of 71 Page 38 of 71 Page 39 of 71 Page 40 of 71 Page 41 of 71 Page 42 of 71 Page 43 of 71 Page 44 of 71 Page 45 of 71 Page 46 of 71 Page 47 of 71 Page 48 of 71 Page 49 of 71 Page 50 of 71 Page 51 of 71 Page 52 of 71 Page 53 of 71 Page 54 of 71 Page 55 of 71 Page 56 of 71 Page 57 of 71 Page 58 of 71 Page 59 of 71 Page 60 of 71 Page 61 of 71 Page 62 of 71 Page 63 of 71 Page 64 of 71 Page 65 of 71 Page 66 of 71 (THIS IS A LEGALLY BINDING AGREEMENT UPON WHICH THE CITY OF MOAB RELIES. PLEASE READ IT CAREFULLY.) PROJECT NAME: GRAND COUNTY RECREATION & AQUATIC CENTER LOCATION: MOAB, UTAH ARCHITECT: EDA ARCHITECTS CONTRACTOR: HOGAN & ASSOCIATES CONSTRUCTION THIS AGREEMENT made in Moab, UT, this________day of_______________, 2009, by and between the City of Moab, hereinafter referred to as the “Owner”, and C.E.M. Aquatics, of 3154 South Washington, Salt Lake City, Utah 84115, hereinafter referred to as the “Supplier”. We did bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally firmly by these presents. WITNESSETH: That for and in consideration of the covenants herein contained, the Owner and the Supplier agree as follows: 1.) MATERIALS TO BE SUPPLIED Section 131100 – Special Construction‐Swimming Pools Section 131113 – Below Grade Swimming Pool‐Prefabricated Includes all equipment and materials for the indoor / outdoor pools complete. Supplier will be responsible for on‐time delivery of pools and associated equipment, inventory of material upon delivery, and damaged material during shipping. Furnished complete per plans, specifications and all addenda for the total amount of $1,083,913.00. The total amount listed hereto does not include sales tax. (CEM will be responsible for installation of pools and associated equipment through a subcontract agreement with Hogan & Associates Construction, Inc.) All materials furnished under this agreement is to be delivered FOB Jobsite in strict accordance with the plans and specifications as prepared by EDA Architects, Architect and/or Engineer, for the construction of the Grand County Recreation & Aquatic Center Project for the City of Moab, Owner, with Hogan & Associates Construction, (CMAR) Contractor; together with all addenda or authorized changes issued prior to the date of execution of this agreement. The Owner and the Supplier agree to be bound by the terms of the prime contract agreement, construction regulations, general conditions, plans and specifications, and any and all other contract documents, if any there be, insofar as applicable to this agreement. Page 67 of 71 Page #2 – Contract Agreement – Grand County Recreation & Aquatic Center 2.) DELIVERY OF MATERIAL The Supplier shall prosecute shop drawings, color schedules and other necessary information required before ordering material in a prompt and diligent manner. It is the Supplier’s responsibility to see that delivery of materials does not cause delay, interfere with or hinder the work of the Owner or any sub‐ contractor. In the event the Supplier neglects and/or fails to supply the necessary materials within the time allowed in the construction schedule, in the opinion of the Owner, then the Owner shall notify the Supplier in writing, setting forth the deficiency and/or delinquency, and five days after date of such written notice, the Owner shall have the right if he so desires, to purchase all of the material or any part thereof, from any available source. All costs incurred by the Owner shall be charged against any monies due or to become due the Supplier. In the event the total amount due or to become due the Supplier shall become insufficient to cover the costs accrued by the Owner in furnishing the necessary material, then the Supplier shall be bound and liable unto the Owner for the difference. The Supplier shall be responsible for the material delivered until completion and final acceptance of the contract by the Owner. In the event defects are discovered, the Supplier shall proceed promptly to make repairs or replacement of the material at his own expense as directed by the Owner. The Supplier agrees to reimburse the Owner in the amount of $2,500.00 per calendar day for any and all liquidated damages that may be assessed against and collected by the Owner, which are attributable to or caused by the Supplier’s failure to furnish the materials required by this agreement within the time fixed in the schedule provided the Supplier, and in addition thereto, agrees to pay to the Owner, such other or additional damages as the Owner may sustain by reason of such delay by the Supplier. The payment of such damages shall not release the Supplier from his obligation to otherwise fully perform according to this agreement. It is agreed that the Supplier, at the option of the Owner, may be considered as disabled from so complying whenever a petition in Bankruptcy or for the appointment of a Receiver is filled against him. (The Supplier assumes toward the Owner, all the obligations and responsibilities that the CMAR assumes toward the Owner.) The Supplier shall indemnify the Owner against and save them harmless from any and all loss, damage, expenses, costs, and attorney’s fees incurred or suffered on account of breach of the provisions or covenants of this agreement. Page 68 of 71 Page #3 ‐ Contract Agreement – Grand County Recreation & Aquatic Center 3.) CHANGES, ADDITIONS AND DEDUCTIONS The Owner may add to or deduct from the amount of material covered by this agreement, and any changes made in the amount of material involved, or any other parts of this agreement, shall be by a written amendment hereto setting forth in detail, the changes involved and the value thereof, which shall be mutually agreed upon between the Owner and the Supplier. The Supplier shall not sublet, transfer or assign this agreement or any funds due, or become due, or any part thereof, without the written consent of the Owner. 4.) DISPUTES In the event of any dispute between the Owner and the Supplier covering the material supplied the dispute shall be placed in mediation within the State of Utah and proceeded over by a mutually agreed upon mediator. The dispute shall be settled in the manner provided by the contract documents. If none be provided, or if there arises any dispute concerning matters in connection with this agreement, then such disputes shall be settled in a court of law residing in the State of Utah. 5.) PAYMENTS The Owner is to pay to the Supplier for the complete and satisfactory delivery of the herein described material, in the sum of One million, eighty‐three thousand, nine hundred and thirteen dollars and no cents ($1,083,913.00), in payment of 100% of the materials supplied. Payment will be in accordance with invoices prepared by the Supplier and approved by the Owner, Architect, and the CMAR, as to be accurate and complete. Such payments will be made within the established policies and protocol by the City of Moab, Utah. The Supplier agrees to make good without cost to the Owner, any and all defects due to faulty materials which may appear within the period so established in the contract documents; and if no such period be stipulated in the contract documents, then such guarantee shall be for a period of one year from date of completion of the project. The Supplier further agrees to execute any special guarantees as provided by terms of the contract documents prior to final payment. Supplier will provide certificates of insurance for stored materials and/or materials in transit. Said certificate will furnish language as “Property of other coverage storage at (provided physical address of warehouse) for a value of (amount billed for) for job (name of job)”. Page 69 of 71 Page #4 – Contract Agreement ‐ Grand County Recreation & Aquatic Center In the event it appears to the Owner that the material and other bills incurred in the performance of this agreement are not being currently paid, the Owner may take such steps as it deems necessary to assure absolutely, that the money paid with any progress payment will be utilized to the full extent necessary to pay material and all other bills incurred in the performance of the agreement. The Owner may deduct from any amounts due or to become due to the Supplier, any sum or sums owing by the Supplier to the Owner; and in the event of any breach by the Supplier of any provisions or obligations of this agreement, or in the event of the assertion by other parties of any claim or lien against the Owner or the premises arising out of the Supplier’s performance of this agreement, the Owner shall have the right, but is not required, to retain out of any payments due or to become due to the Supplier, any amount sufficient to completely protect the Owner from any and all loss, damage or expense there from, until the situation has been remedied or adjusted by the Supplier to the satisfaction of the Owner. These provisions shall be applicable even though the Supplier has posed a full payment and performance bond. 6.) PRODUCT WARRANTY Full warranties on all purchased materials will remain in effect and written proof of warranty shall be provided to the Owner. 7.) TERMINATION OF AGREEMENT In the event the Owner terminates the project prior to its completion, then the Owner and Supplier agree that an equitable settlement for material supplied under this agreement prior to such termination, will be made as provided by the contract documents, if such provision be made; or, if none such exist, next by mutual agreement; or, failing either of these methods, by a court of law, as provided in Section 4. IN WITNESS WHEREOF, the Owner and Supplier signify their understanding and agreement with the terms hereof, by affixing their signatures hereunto: WITNESS: C.E.M. AQUATICS CITY OF MOAB Supplier Owner By:______________________________ By:________________________________ Date:____________________________ Date:______________________________ Print Print Name:___________________________ Name:_____________________________ Its:______________________________ Its:________________________________ (TITLE: If other than president or owner, (Title) a corporation resolution authorizing signor, must be attached) Page 70 of 71 Grand County Recreation and Aquatic Center Project Reconciliation11-Dec-09RevenuesAs of August 09 As of October 09Community Impact Board Loan4,764,000.00$ 4,764,000.00$ Grand County Special Service Recreation District1,500,000.00$ 1,615,000.00$ City of Moab550,000.00$ 740,000.00$ TOTAL PROJECT REVENUES6,814,000.00$ 7,119,000.00$ ExpendituresItemCity Budgeted ExpenseIncluded in CMAR GMPExpended as of 8/11/09Expended as of 12/09/09Budget Remaining as of 12/09/09Funds to be Spent and not Reimbursed by CIBTo be spent prior to Bond ClosingTo be Deposited into Bond AccountNon-ConstructionLegal/AdministrationBallard Spahr Andrews and Ingersoll Opinion regarding Interlocal Agreement 1,645.82$ -$ 1,645.82$ 1,645.82$ -$ 1,645.82$ -$ -$ State of UtahState Bond Counsel Services2,500.00$ 2,500.00$ -$ 2,500.00$ Lewis Young Robertson and Birningham Financial Advisor Services9,952.50$ -$ 6,952.50$ 6,952.50$ 3,000.00$ 6,952.50$ -$ 3,000.00$ Smith HartvigsenComplete Bond Counsel Services3,600.00$ -$ -$ 3,250.00$ 350.00$ -$ -$ 3,600.00$ TOTAL LEGAL ADMIN17,698.32$ 8,598.32$ 11,848.32$ 5,850.00$ 8,598.32$ -$ 9,100.00$ Design ServicesEDA ArchitectsComplete Design Services321,000.00$ -$ 51,940.50$ 241,407.00$ 79,593.00$ 51,940.50$ -$ 269,059.50$ TOTAL DESIGN SERVICES321,000.00$ 51,940.50$ 241,407.00$ 79,593.00$ 51,940.50$ -$ 269,059.50$ Special StudiesKeogh Land SurveyingSite Survey5,667.50$ -$ 5,667.50$ 6,982.50$ (1,315.00)$ 5,667.50$ -$ Keogh Land SurveyingSoils Analysis8,598.32$ 8,598.32$ 10,748.00$ (2,149.68)$ 8,598.32$ -$ TBAOther Preliminary Studies5,734.18$ 5,734.18$ -$ 5,734.18$ 5,734.18$ TOTAL SPECIAL STUDIES20,000.00$ 14,265.82$ 17,730.50$ 2,269.50$ 14,265.82$ 5,734.18$ 5,734.18$ Furniture and EquipmentFurniture 68,000.00$ -$ -$ -$ 68,000.00$ -$ -$ 68,000.00$ Equipment182,000.00$ -$ -$ -$ 182,000.00$ -$ -$ 182,000.00$ TOTAL FURNITURE AND EQUIPMENT250,000.00$ -$ -$ -$ 250,000.00$ -$ -$ 250,000.00$ ConstructionDemolitionRocky Mountain Power Disconnect Power to Existing Building 4,404.00$ -$ 4,404.00$ 4,404.00$ -$ 4,404.00$ -$ -$ A&E ElectricSeparate Pool Power from Restroom Power 1,071.08$ -$ 1,071.08$ 1,071.08$ -$ 1,071.08$ -$ -$ C&B ConstructionDemolish Swim Center15,000.00$ -$ -$ 14,655.00$ 345.00$ -$ 15,000.00$ -$ C&B ConstructionRemove Trees3,000.00$ -$ -$ -$ 3,000.00$ -$ 3,000.00$ -$ Grand RentalTemporary Fencing1,521.60$ -$ -$ 1,035.00$ 486.60$ -$ 1,521.60$ -$ TOTAL DEMOLITION24,996.68$ 5,475.08$ 21,165.08$ 3,831.60$ 5,475.08$ 19,521.60$ 19,521.60$ ConstructionCMAR Fees and General Conditions409,600.00$ 409,600.00$ -$ -$ 409,600.00$ -$ -$ 409,600.00$ Construction6,075,705.00$ 6,085,705.00$ -$ -$ 6,075,705.00$ 305,000.00$ -$ 5,754,099.00$ TOTAL CONSTRUCTION6,485,305.00$ 6,495,305.00$ -$ -$ 6,485,305.00$ 305,000.00$ -$ 6,180,305.00$ TOTAL PROJECT BUDGET7,119,000.00$ 80,279.72$ 292,150.90$ 6,826,849.10$ 385,279.72$ 25,255.78$ 6,653,440.56$ TOTAL TO BE DEPOSITED IN BOND ACCOUNT6,733,720.28$ CIB AMOUNT4,764,000.00$ CITY CONTRIBUTION1,969,720.28$ Page 71 of 71