HomeMy Public PortalAboutRES-CC-2019-02CITY OF MOAB RESOLUTION
#02-2019
A RESOLUTION APPROVING THE FINAL PLAT OF THE PRESERVE SUBDIVISION PHASE 3
AND APPROVING A SUBDIVISION IMPROVEMENTS AGREEMENT FOR PUBLIC
IMPROVEMENTS, AS FAVORABLY REFERRED TO COUNCIL BY THE PLANNING
COMMISSION
WHEREAS, Dennis E. and Patricia B. Byrd, representing The Preserve of Moab Utah, LLC with offices
at 850 Byrd Avenue, Moab Utah 84532, and as "Owner" of record of a parcel consisting of 3.27 acres
referred to as "Phase 3" of The Preserve Subdivision and more particularly described as follows:
Beginning at the Southeast comer of Lot 53, The Preserve, Phase II, said point being South
00°31' 11" West 790.73 feet and West 660.26 feet from the East Quarter comer of Section 35,
Township 25 South, Range 21 East, Salt Lake Base and Meridian, and running thence South
00°31'11" West 49L48 feet to a point on Moab city tract; thence along said tract South 89°52'29"
West 287.64 feet; thence North 00°00'16" East 491.64 feet; thence North 89°54'39" EAST 292.06
feet to the point of beginning, having an area of 3.27 acres;
and
WHEREAS, Owner applied for the approval of the proposed Phase 3 of The Preserve Subdivision to
create additional buildable lots for six two -unit townhomes and five detached single family residences on
the described property; and
WHEREAS, the proposed residential uses are permitted uses in the R-2 Residential Zone as indicated in
Moab Municipal Code (MMC) Chapter 17.45.020; and
WHEREAS, Owner provided the City of Moab with the necessary documents, plans and drawings to
complete the application for review of the subdivision as required MMC Title 16.00, Subdivisions; and
WHEREAS, the City of Moab Planning Commission ("Commission") reviewed the final plat in a
regularly scheduled public meeting for compliance with the requirements of the pertinent MMC chapters
on August 8, 2018, and found that the proposal has met or can meet the requirements of the Moab
Municipal Code; and
WHEREAS, Owner is required to construct certain public improvements as described in the
Improvements Agreement submitted as part of this application for Final Plat; and
WHEREAS, the Moab City Council ("Council) reviewed the Final Plat of Phase III and the
Improvements Agreement in a regularly scheduled pubic meeting on January 22, 2019; and
WHEREAS, Council agrees with the Planning Commission and Staff recommendations for approval of
the Final Plat application.
NOW, THEREFORE, be it resolved by the Moab City Council, that adoption of Resolution #02-2019
approves the submitted Final Plat for Phase 3 of The Preserve Subdivision and the Council directs the
Mayor to sign the Improvements Agreement.
PASSED AND APPROVED in open Council by a majority vote of the Moab City Council on the 22nd
day of January, 2019.
SIGNED:
Emily S. Niehaus, Mayor
ATTEST:
Rachel Stenta. Rceorde
When Recorded Mail to:
City of Moab
217 East Center Street
Moab, UT 84532
SUBDIVISION IMPROVEMENTS AND DEVELOPMENT AGREEMENT
For
The Preserve Subdivision, Phase 3
For valuable consideration, the CITY OF MOAB, a Utah municipality (City), and Dennis E.
& Patricia Byrd (Subdivider) referred to as the Parties, enter into the following Subdivision
Improvements and Development Agreement (the Agreement), pursuant to Moab Municipal
Code (MMC) Sections 16.20.010, et al, to govern the development of the subject property and
the installation of subdivision improvements required by City Code.
I. RECITALS.
a. The City Planning Commission, as the land use authority for preliminary subdivision plat
approval, after following all required procedures and meeting noticing requirements,
approved a Preliminary Plat for The Preserve Subdivision on November 12, 2009.
b. The Planning Commission recommended approval of the The Preserve Subdivision,
Phase 3, at its August 8, 2018 meeting.
c. The Moab City Council, as land use authority for subdivision final plat approval, shall
consider the final plat for Phase 3 of the subdivision at its January 22, 2019 meeting.
d. Subdivider has submitted to the City for review the construction plans and specifications
entitled The Preserve — Phase 3 (sheets C000 — C404 inclusive, dated 8/28/18), having
been prepared by SET Engineering and bearing the stamp of a licensed Professional
Engineer (hereinafter: the "Construction Plans"). Said plans show in sufficient detail the
Required Improvements for the Subdivision.
e. The Construction Plans have been reviewed and approved subject to such modifications
as may have been specified by each of the following entities:
i. The City Engineer with respect to site grading, pathway, street, and storm water
drainage improvements,
ii. The City Public Works Director with respect to culinary water improvements if
provided by the City, storm water drainage improvements, parking
improvements, and access improvements.
II. AGREEMENT
IN CONSIDERATION OF THE ABOVE RECITALS, THE PARTIES HEREBY AGREE AS FOLLOWS:
1, Covered Property. The recitals above are incorporated into this Agreement. The real
property in the County of Grand, State of Utah, subject to this Agreement (the
Property)isdescribed as follows:
50..1'�DARY DESCRIPTION
DESCRPTION OE A PARCEL OF LAND IN THE OF SEC110N .35, T 25 S,
R 21 E. SLM, k,10AH CITY, CRAND COUNTY, UTAH, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NW CORNER OF LOT 46 OF THE PRESERVE,
PHASE I, SAID CORNER HEARS 5 00'31' i 1'VJ 511.41 FT. THENCE ','PEST
638.42 FT, FROM THE EAST CORNER OF SECTION 35, T 2 S, R 21 E,
SL1v1, AND PROCEEDINu THENCE S 00'00.16"4'4 184.30 FT., THENCE
S 89'53'12"W 23.49 FT. TO THE NW CORNER OF TRACT B OF THE
PRESERVE. PHASE f, THENCE S 00'31.11'W 88.97 FT. TO A C O' NEN,
THENCE S 89"54.39"W 292.06 FT, TO A CORNIER, THENCE N 00°00°16"E
604.66 FT., THENCE EAST 163,99 FT., THENCE SOUTH 9.on FT. TO THE ` vt
CORNER OF LOT 59 OF PALISADES SUBDIVISION, THENCE FAST 133.49 FT.
TO A. CORNER, THENCE S 00.32'00"W 135.46 FT, TO THE NW' CORNER OF
LOT 49 OF THE PRESERVE, PHASE I, THENCE S 00'31'00"W 188.19 FT.
TO THE SW CORNER OF LOT 48A OF THE PRESERVE, PHASE I, THENCE N
85'25'32"E 21.86 FT, TO THE POINT OF BEGINNING AND CONTAINING 4.16
ACRES, MORE OP LESS'.
HEARINGS ARE BASED ON THE EAST LINE OF THE SEq OF SECTION
" (.E +RING FROM VALLEY CONTROL CATUI..1=.S 00°31 "..1"W)
2. Payment of Fees; Approved Land Uses. Subdivider agrees to pay all in -effect City fees
applicable to the Subdivision, including but not limited to, impact fees, connection fees,
building permit fees, and applicable inspection fees. Applicable fees shall be calculated
and paid according to City policy.
a. The uses permitted in the Subdivision shall correspond with the uses authorized
for the R-2 Zone under the Moab Municipal Code and other applicable
ordinances. The configuration of the Subdivision and the uses therein shall
conform to the Construction Plans, Exhibit 1 attached, and the Final Plat, as set
forth in Exhibit 2, attached.
3. Phase 3 Required Improvements. Subdivider will make all improvements to the property
shown on the Construction Plans that fall within the boundary of the Phase 3 plat as
well as those improvements that fall outside of the Phase 3 boundary but are identified
on the Construction Plans as Phase 3 improvements. Required Improvements shall
include but not be limited to the following:
a. Site clearing and removal of obstructions
b. General site grading
c. Site utilities including but not limited to culinary water and sanitary sewer, gas
and power
d. Street, curb & gutter, and sidewalks
e. Street signage and lighting
f. Storm water drainage facilities
4. Improvements to be Completed in Conformance with Construction Plans. All Required
Improvements shall be constructed in a workmanlike manner and in conformity with the
approved Construction Plans. No deviations from the Construction Plans shall be
permitted, except as authorized in writing by the City Engineer upon a showing of good
cause. In addition, all Required Improvements shall be completed in conformance with
the City of Moab Public Improvement Specifications, building codes, and all state and
federal regulations, as applicable.
5. Timeline for Completion. Construction of the Required Improvements shall not
commence until the Effective Date of this Agreement. Construction of all Required
Improvements shall be completed within two hundred ten (210) days from the Effective
Date of this Agreement.
a. A reasonable extension of time for the completion of the Required
Improvements may be granted, at the discretion of the City Council, upon a
showing by the Subdivider that there is good cause for an extension and that the
work has been diligently prosecuted from the Effective Date of this Agreement.
Without limiting this provision, good cause may include an extension of time due
to the need to complete building construction prior to the completion of curbing,
sidewalks, or landscaping, or as otherwise needed to provide for orderly
construction and avoid damage to improvements in the course of other
construction.
b. If the construction of the Required Improvements is not completed and accepted
within the timelines specified herein, or as lawfully extended, then the
Subdivision and all development approvals shall be deemed lapsed and shall
have no further effect.
6. Lot Sales, Building Permits, Plat Recording. No Building Permits will be issued until such
time as all of the Required Improvements are completed and, with respect to public
improvements, accepted by the City, except that building permits may be issued if
Subdivider provides a Financial Assurance to the City conforming to Section Eight, below,
and all fees paid in full as required by the City. No final plat for the Subdivision, or any
phase thereof, shall be executed by the City or submitted for recording until such time
as either: a) all of the Required Improvements are completed in accordance with this
Agreement and, with respect to public improvements, accepted by the City; or b) a
Financial Assurance conforming to Section Eight is delivered to the City. Subdivider
shall not convey or purport to convey any lot within the Subdivision prior to the
recording of the final plat. Any purported conveyance of lots by Subdivider prior to
approval and recording of a final plat for any phase of the Subdivision, or otherwise in
violation of this Agreement, shall be void.
7. Acceptance of Improvements, Warranty, Release Provisions. All of the public
improvements comprising the Required Improvements shall be subject to quality
assurance testing and inspection as specified in the Construction Plans and/or applicable
reference standards. Subdivider or its authorized representative shall provide not less
than forty eight (48) hours minimum notification to City when inspection is required.
The costs associated with such testing and inspection shall be the responsibility of
Subdivider. Any work which is rejected following inspection must be repaired or
replaced at the sole cost of the Subdivider. Any work which is covered up prior to
inspection may be rejected, in which case Subdivider shall be solely responsible for
exposing the work and arranging for inspection.
a. The acceptance by the City of the public improvements comprising the Required
Improvements following completion and satisfactory inspection shall constitute
a dedication and conveyance by the Subdivider to the City of all such
improvements. Subdivider shall convey all public improvements to the City free
and clear of any mechanic liens, claims, or other encumbrances.
b. Subdivider warrants that all public improvements dedicated to the City shall be
constructed in a workmanlike manner, in accordance with approved plans and
specifications, and that all such improvements shall be free of defects in materials
and workmanship for a period of one (1) year from the date of acceptance by the
City. Subdivider shall promptly repair or replace any defective work following
receipt of written notice under this warranty from the City.
c. To partially secure this obligation, Subdivider shall deposit with the City the sum of
THIRTY THREE THOUSAND THREE HUNDRED FIFTEEN DOLLARS AND NINETY CENTS
($33,315.90), which sum is equal to ten percent (10%) of the construction cost, as
determined by the City Engineer, for public improvements comprising the
Required Improvements (the Warranty Deposit). The Warranty Deposit shall be
held by the City in a non -interest bearing account, unless otherwise agreed in
writing.
d. The Warranty Deposit shall be paid by the Subdivider no later than fifteen (15)
calendar days from the Effective Date of this Agreement.
e. Upon expiration of the warranty period the Subdivider may request refund of the
Warranty Deposit in writing. The City Engineer and/or Public Works Director will
review the request and promptly determine whether there are any unperformed
warranty claims pertaining to this Agreement. Upon receipt of written verification
from the City Engineer and/or Public Works Director as to the absence of any
unperformed warranty claims, the City Treasurer shall promptly refund the
Warranty Deposit to Subdivider.
f. In the event of any default following delivery of written notice to Subdivider with
respect to Subdivider's warranty obligations, the City may elect to draw upon the
warranty deposit to cure, in whole or in part, any breach of warranty. This
remedy may be combined or utilized in conjunction with any other remedies, in
the sole discretion of the City.
g. Subdivider additionally warrants that all public improvements shall be delivered
free and clear of any mechanic liens or other encumbrances. The City may require
receipt of executed mechanic lien releases as a condition precedent to
dedication of the public improvements.
8. Financial Assurance. If the Required Improvements are not completed within the two
hundred ten (210) day deadline specified in this Agreement, or if Subdivider desires to
record a final plat or obtain a building permit in advance of the completion of all of the
Required Improvements, then the Subdivider may, subject to approval by the City, deliver
a Financial Assurance, in a form acceptable to the City for the use and benefit of City
and to secure the completion of the Required Improvements which remain to be
completed. The Financial Assurance shall be in the form of a performance/payment
bond, escrow account, letter of credit or other financial instrument approved by the City
Attorney in an amount which is not less than one hundred forty percent (140%) of the
construction cost set forth in the Construction Plans of Exhibit 1, and as reviewed and
approved by the City Engineer in writing, of the remaining improvements which are not
completed. If a Financial Assurance is approved according to this Section Eight,
Subdivider shall have up to two hundred ten (210) additional days from the Effective
Date of this Agreement in which to complete the Required Improvements. The Financial
Assurance provided under this Section Eight may be combined with the Warranty Deposit
specified in Section Seven. A cash Financial Assurance shall be held in a non -interest
bearing account unless otherwise agreed in writing.
9. Cease and Desist Notice. If the Required Improvements have not been completed within
the time provided in this Agreement or, in lieu of same, a Financial Assurance approved
pursuant to Section Eight, above, then the City may issue an immediate cease and desist
order to Subdivider and all work shall be discontinued until such time as an acceptable
Financial Assurance has been established. If Subdivider fails to take timely steps to
deliver an acceptable Financial Assurance or complete the Required Improvements, then
the City may record in the land records an Affidavit of Lapse of Plat/Plan and invoke such
other remedies as may be available under this Agreement or at law.
10. Partial Releases of Financial Assurance. Upon partial completion of any class of
improvements within the Required Improvements Subdivider may request a partial
release of the Financial Assurance. The amount of the release shall be equal to the
agreed cost of the completed improvements, as determined by the City Engineer. Partial
releases shall not be made for partial completion of a class of improvements.
a. In order for Subdivider to receive such partial release, the following shall be
presented to City:
i. A completed Request for Partial Release of Financial Assurance Form, as
set forth in Exhibit 3.
ii. Copies of all quality assurance test results/inspection reports required for
the completed improvements;
Copies of all weight/quantity tickets for materials incorporated in the work
for all items that were estimated on the basis of weight/quantity; and
iv. Copies of all invoices or receipts for materials delivered to the site and
incorporated in to the work for which a partial release is being requested.
b. The partial release request shall be reviewed for completeness and accuracy by
City Manager and/or City Engineer. The City may deny the request or adjust the
amount of the request if inspection shows that items of work have not been
completed in accordance with the Construction Plans, or if completed quantities
are notaccurate.
c. Upon receipt of written verification from the City Engineer and/or City Manager
as to the approved partial release of a cash Financial Assurance, the City
Treasurer shall promptly refund the cash Financial Assurance in the amounts
approved. Non -cash Financial Assurances shall be released in writing in the
manner otherwise determined by the City.
11. Final Release of Financial Assurance. Upon completion of all Required Improvements in
accordance with the approved Construction Plans, Subdivider may request that the
remainder of the Financial Assurance be released, provided that Subdivider delivers
executed mechanic lien waivers/releases from all contractors who performed work on
the project and all suppliers who supplied materials that were incorporated into the
work, together with a written certification by Subdivider that all outstanding charges for
the Required Improvements have been paid and that there are no other liens,
encumbrances, or other restrictions affecting the improvements. Final release of the
Financial Assurance shall be reviewed and processed in the same manner as provided
under Section 10, above.
12. Use of Financial Assurance upon Default. Upon delivery of written notice to the
Subdivider and expiration of any cure period, the City may then elect to draw upon the
Financial Assurance as it deems necessary for the completion of improvements or cure of
any default under this Agreement.
13. Zoning Compliance. Certificates of Occupancy for structures within the Property shall
only be issued upon satisfactory completion and acceptance of all Required
Improvements as provided in this Agreement.
14. Default, Remedies, Lapse of Plat/Plan. Ali provisions of this Agreement are material and
any violation is grounds for declaration of Default. Prior to invoking any remedies for
Default under this Agreement the City shall deliver written notice to the Subdivider
describing the act, event, or omission constituting a default, and allowing Subdivider a
period of thirty (30) days in which to cure or abate the violation. Cure within that period
reinstates this Agreement.
a. Upon declaration of default the City may exercise any remedies for violation
available under City ordinances or Utah statutes, including, without limitation: i)
proceeding against the Financial Assurance; ii). Withholding building permits,
certificates of occupancy, or certificates of zoning compliance; iii) obtaining an
injunction to halt or abate zoning violations or breaches of this Agreement; iv)
recording an affidavit of a lapse of plat/plan, in whole or in part; v) commencing
an action for damages —including damages for costs incurred in completing,
repairing, or replacing Required Improvements or abating any violations; and/or
vi) any other remedies available at law or equity, including the remedy of specific
performance. The City may combine remedies in its discretion and pursue some
or all at different times, as may fit the applicable breach.
b. The recording of an affidavit of lapse of plat/plan by the City shall result in the
lapse of all prior land use approvals and the voiding of the subdivision of lots
within the real property specified in theaffidavit.
15. General Provisions. This Agreement shall be binding on and inure to the benefit of the
successors and assigns of the Subdivider in the ownership or development of all or any
portion of the Property. Assignment of this Agreement shall require the mutual approval
of the City and the proposed assignee, in writing.
a. This Agreement is the product of mutual bargaining. All terms shall be construed
in accordance with their plain meaning, regardless of the extent to which either
party participated in the drafting.
b. Failure of a party to exercise any right under this Agreement shall not be deemed
a waiver of any such right, nor shall any course of dealing or previous action or
inaction be deemed a waiver of any rights or claims arising with respect to later
or subsequent breaches, acts oromissions.
c The term "Agreement" includes this Improvements Agreement, all exhibits
hereto, the Final Plat/Plan for the Subdivision, and all phases thereof, and all
related design drawings, which documents shall constitute the sole and complete
Agreement between the parties. The Agreement shall supersede all prior
Agreements or representations, however evidenced. No modification to any of
the terms of this Agreement shall be binding, unless reduced to writing and
lawfully executed by both parties.
d. The place of performance of this Agreement is Grand County, Utah. In the event
of any legal dispute concerning the subjects of this Agreement, the parties agree
that the exclusive venue shall be the Seventh Judicial District Court, Grand
County, Utah. In any such proceedings arising under this Agreement, regardless
of the denomination of the legal claims, the parties waive trial to a jury on all
claims and agree that the action shall be decided by the court sitting without a
jury.
e. In any legal proceeding arising from this Agreement the substantially prevailing
party shall be entitled to recover its reasonable attorney fees and court costs in
addition to any other relief authorized herein.
f. This Agreement shall be governed by Utah law.
g This Agreement does not create any third party beneficiary rights. It is
specifically understood by the parties that;
i. the Project is a private development;
ii. the City of Moab has no interest in, responsibilities for, or duty to third
parties concerning any improvements to the Property, unless/until the
City accepts dedication of public improvements pursuant to this
Agreement; and
iii. except as otherwise provided herein, Subdivider shall have full power and
exclusive control of the Property.
h. The provisions of this Agreement are severable, and if any portion should be
held to be invalid or unenforceable, then the remainder of this Agreement shall
be construed to be in full force without reference to the invalid provision.
1. In the event of any legal dispute arising from this Agreement neither party shall
be liable to the other for consequential damages, lost profits, or delay related
damages of any kind.
1-
All notices under this Agreement shall be given in writing by first class or
certified mail, postage prepaid, or by hand delivery or delivery by a reputable
courier, and sent to the followingaddresses:
To the City of Moab:
City of Moab
217 East Center Street
Moab, Utah 84532
Attn: City Manager
To Subdivider:
Dennis E. & Patricia Byrd
850 Byrd Ave.
Moab, UT 84532
lc Notice may be delivered to such other parties or addresses as the parties may
designate in writing from time to time. A notice sent by mail shall be deemed
delivered no later than three (3) days from the date that it is mailed.
1. Nothing in this Agreement shall be deemed to waive any governmental or
other immunity to which the City is entitled underlaw.
16. Indemnity. Subdivider shall indemnify and hold the City harmless with respect to any third
party claims, including claims for property damage, injury, or death, and any demands,
liabilities, causes of action, costs, or damages, including reasonable attorney's fees, that
may arise from any act or omission of the Subdivider, its members, managers, employees,
agents, or contractors in connection with the development of the Subdivision and/or the
performance of this Agreement.
17. Future Legislative Power. Nothing in this Agreement shall be construed to impair or limit
the future legislative power or zoning authority of the City.
18. Grading. All grading and soil disturbance undertaken in the development of the
Subdivision shall be performed in conformity with AppendixJ of the International Building
Code (IBC) as adopted by the City.
19. Effective Date. The effective date of this Agreement is the date when it is signed by all
Parties and the Council has approved the final plan ofthe Subdivision.
20. Recording/Release of Agreement. This Agreement constitutes an obligation binding upon,
and running with, the subject real Property. This Agreement shall be recorded in the
Grand County land records. Upon request of the Subdivider and verification by the City
that all terms and conditions of this Agreement have been performed in full, the City shall
promptly execute a release of this Agreement, which may be recorded at the discretion
of the Subdivider.
21. Counterparts. This Agreement may be executed in separate original counterparts which,
when combined, shall constitute the entire Agreement,
Exhibits:
1. Construction Plans;
2. Final Plat, Phase 3;
3. Request for Partial/Final Release of Financial Assurance.
IN WITNESS WHEREOF, this Agreement has been executed by the City of Moab, acting
by and through the Moab City Council, which has duly authorized execution, and by Subdivider
as of the date(s) specified below.
CITY OF MOAB:
Mayor Emily S. Niehaus
ATTEST:
� )16,(12,JJ
Rachel Stenta
City Recorder
SUBDIVIDER:
Dennis E. & Patricia Byrd
/- z3-19
Date
Date
/ A -7/f9
Dennis E. Byrd Date
Patricia Byrd
STATE OF UTAH
COUNTY OF GRAND
}ss.
//aa'i9
Date
The foregoing agreement was executed before me by Dennis E. Byrd and Patricia Byrd, this_
a3 day ofKAV1UIDor, 2019. Witness my hand and official seal. My
commission expires: l0 - 1 - (90
Notary Public, State of Utah
Address: (01 L... (.9 11V' V SY�t
Stephanie Jean Haycock
Notary Public State of Utah
My Commission Expires on:
October i, 2020
Comm. Number hot 191
STATE OF UTAH
COUNTY OF GRAND
)ss.
The foregoing agreement was executed before me by the CITY OF MOAB by and
through Emily S. Niehaus, this day of , 2019. Witness my hand and official
seal. My commission expires:
Notary Public, State of Utah
Address:
-End of Document-
EXHIBIT 1
SUBDIVISION IMPROVEMENTS COST WORKSHEET
Date: November 2, 2018
Project Name: The Preserve
Phase #: Phase 3
Developer/Owner: Dennis & Patricia Byrd
REQUIRED IMPROVEMENTS
Category
Sub -category
Item #
Line item description
Unit
Unit Price
Plan quantity
Item Cost
Site work
Earthwork
1
Cut & fill to design grades
CY
$5.25
1864
$9,786.00
Utilities
Water
2
Install 8" water main
LF
$43.00
647
$27,821.00
3
Install 8" line valves
EA
$1,750.00
2
$3,500.00
4
Install 6" line valve
EA
$1,250.00
1
$1,250.00
5
Install fire hydrant
EA
$5,500.00
1
$5,500.00
6
Install temp air pressure/vac relief
EA
$750.00
1
$750.00
7
Install 3/4" residential svc connections
EA
$1,250.00
17
$21,250.00
Sewer
8
Install 8" sewer main
LF
$37.50
593
$22,237.50
9
Install 48" sewer manhole
EA
$3,500.00
2
$7,000.00
10
r
Install 4" residential sewer svc line
EA
$500.00
17
$8,500.00
Street
Surfacing
13
Install 30" modified curb & gutter per City spec
LF
$25.50
1216
$31,008.00
14
Install 6" thick concrete sidewalk per City spec
LF
$42.50
597
$25,372.50
15
Construct asphalt pavement section per City spec
SF
$3.50
15966
$55,881.00
Lights
16
Street lights per construction plan spec
EA
$1,250.00
1
$1,250.00
Signs
17
Traffic and street signs per construction plan spec ,
EA
$250.00
4
$1,000.00
Total Estimated Cost
Plus Required 50% contingency
Total of Financial Guaranty
$222,106.00
$111,053.00
$333,159.00
Notes: The project quantities were prepared by SET Engineering based on the approved final plans. The unit prices were provided by the owner through a competitive bid process and
adjusted by SET Engineering using available unit cost data.
EXHIBIT I
GENERAL NOTES
I, ALL WORK WITHIN THE RIGHT OF WAY SHALL BE COMPLETED PER CITY OF MOAR AND UTAH
APWA STANDARDS AND SPECIFICATIONS. MOST RECENT VERSIONS.
2, THE CONTRACTOR SHALL PROVIDE INGRESS ANO EGRESS TO PRIVATE PROPERTY ADJACENT
TO THE WORK THROUGHOUT THE PERIOD OF CONSTRUCTION.
3. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL REQUIRED PERMITS PRIOR TO THE
COMMENCEMENT OF ANY WORK ON THE PROJECT.
4. THE CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS, BARRICADES, FLAGMEN OR OTHER
DEVICES NECESSARY TO PROVIDE FOR PUBLIC SAFETY IN ACCORDANCE WTH THE CURRENT
MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES.
5_ THE CONTRACTOR SHALL BE RESPONSIBLE FOR NOTIFYING THE OWNER/DEVELOPER OF ANY
PROBLEMS IN CONFORMING TO THE APPROVED PLANS FOR ANY ELEMENT OF THE PROPOSED
IMPROVEMENTS PRIOR TO ITS CONSTRUCTION.
5. THE DEVELOPER SHALL BE THE RESPONSIBLE PARTY DURING CONSTRUCTION ACTIVITIES TO
RESOLVE CONSTRUCTION PROBLEMS DUE TO CHANGED CONDITIONS OR DESIGN ERRORS
ENCOUNTERED BY THE CONTRACTOR DURING THE PROGRESS OF ANY PORTION OF THE
PROPOSED WORK. IF THE MODIFICATIONS PROPOSED BY THE DEVELOPER TO THE APPROVED
PLANS INVOLVE SIGNIFICANT CHANGES TO THE CHARACTER OF THE WORK OR TO FUTURE
CONTIGUOUS PUBLIC OR PRIVATE IMPROVEMENTS, THE DEVELOPER SHALL BE RESPONSIBLE
FOR SUBMITTING REVISED PLANS TO THE APPROPRIATE AGENCIES FOR APPROVAL PRIOR TO
ANY FURTHER CONSTRUCTION RELATED TO THAT PORTION OF THE WORK. ANY
IMPROVEMENTS CONSTRUCTED NOT IN ACCORDANCE WITH THE APPROVED PLANS OR THE
APPROVED REVISED PLANS, SHALL BE REMOVED AND THE IMPROVEMENTS SHALL BE
RECONSTRUCTED ACCORDING TO THE APPROVED PLANS.
7. THE CONTRACTOR SHALL CONTACT THE APPROPRIATE AGENCIES FOR LOCATION OF
UNDERGROUND WATER, SEWER, GAS, ELECTRIC, AND TELECOMMUNICATION UTILITIES AT LEAST
48 HOURS PRIOR TO COMMENCEMENT OF CONSTRUCTION, EXISTING UTILITY LOCATIONS
SHOWN ARE APPROXIMATE ONLY, AND ALL EXISTING LINES MAY NOT BE SHOWN.
S. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROVIDING A COPY OF "RECORD DRAWING"
PLANS TO THE APPROPRIATE AGENCIES PRIOR TO FINAL ACCEPTANCE OF WORK-
9. THE CONTRACTOR SHALL RESET ALL SURVEY MONUMENTS DISTURBED DURING CONSTRUCTION
WITHIN 60 DAYS OF PROJECT COMPLETION.
10. THE CONTRACTOR SHALL 8E SOLELY AND COMPLETELY RESPONSIBLE FOR CONDITIONS AT
AND ADJACENT TO THE JOB SITE, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY
DURING PERFORMANCE OF THE WORK_ THIS REQUIREMENT SHALL APPLY CONTINUOUSLY
AND NOT BE LIMITED TO NORMAL WORKING HOURS-
11. THE DUTY OF THE OWNER'S REPRESENTATIVE 15 TO CONDUCT CONSTRUCTION REVIEW OF THE
CONTRACTOR'S PERFORMANCE AND IT IS NOT INTENDED TO INCLUDE REVIEW OF THE
ADEQUACY OF THE CONTRACTOR'S SAFETY MEASURES IN, ON, OR NEAR THE CONSTRUCTION
SITE
12. SURVEY DATA PROVIDED BY RED DESERT SURVEYING.
13. HOURS OF OPERATION WILL BE PER CITY OF MOAB ORDINANCE_ TYPICALLY 7 AM TO 7 PM
UNLESS OTHERWISE APPROVED BY THE CITY.
STREET CONSTRUCTION NOTES
1. STREET RECONSTRUCTION SHALL RE COMPLETED PER CITY OF MOAB AND UTAH APWA
STANDARDS AND SPECIFICATIONS, MOST CURRENT EDITIONS,
2. THE CONTRACTOR SHALL DEVELOP AND IMPLEMENT A CONSTRUCTION ACTIVITIES STORM
WATER MANAGEMENT PLAN MEETING LOCAL JURISDICTIONAL REQUIREMENTS__
3. A WATER TRUCK, IF CALLED FOR BY THE OWNER OR CITY REPRESENTATIVE. WILL BE
PROVIDED TO KEEP WIND EROSION IN CHECK.
4. ANY SETTLEMENT OR SOIL ACCUMULATIONS BEYOND THE PROPERTY LIMITS DUE TO GRADING
OR EROSION SHALL BE REPAIRED IMMEDIATELY BY THE CONTRACTOR.
5. ANY CONSTRUCTION DEBRIS OR MUD TRACKING IN THE PUBLIC RIGHT-OF-WAY SHALL BE
REMOVED IMMEDIATELY BY THE CONTRACTOR. THE CONTRACTOR SHALL IMMEDIATELY FIX
ANY EXCAVATIONS OR EXCESSIVE PAVEMENT FAILURES CAUSED BY THE DEVELOPMENT AND
SHALL PROPERLY BARRICADE THE SITE UNTIL CONSTRUCTION IS COMPLETE-
6. WITH NOTIFICATION OF THE RESPECTIVE OWNER, ADJUST RIMS OF ALL CLEANOUTS,
MANHOLES, VALVE COVERS AND SURVEY MONUMENTS TO FINISH GRADE PRIOR TO FINAL LIFT
PAVING.
DRAINAGE NOTES
1. PHASE 3 OF THE PRESERVE PROJECT IS CONSISTENT WITH THE FINAL DRAINAGE REPORT,
THE PRESERVE SUBDIVISION, SOLIDER MILLER AND ASSOCIATES, 1/9/2012. THE MAJOR
CONCEPTS INCORPORATED ARE NOTED BELOW.
I,1_ RUNOFF WILL GENERALLY BE CONVEYED IN THE ROADWAY CORRIDORS_
1.2. DUE TO THE PROXIMITY TO THE PROJECT TO THE FLOODPLAIN, DETENTION WAS NOT
CONSIDERED OR RECOMMENDED FOR THIS DEVELOPMENT_
BUILDING SETBACKS
FRONT YARD 25 FEET
SIDE YARD 8 FEET
REAR YARD 15 FEET
LAND USE CHART
STREET ROW 0.70 AC
LOTS 2.57 AC
TOTAL 3.27 AC
THE PRESERVE - PHASE 3
MOAB, UTAH
PROJECT
LOCATION
VICINITY MAP
(NOT TO SCALE)
SHEET INDEX
Sheet Number
Sheet Title
C000
COVER SHEET
C100
SITE, GRADING, AND DRAINAGE
PLAN
C200
WATER AND SEWER PLANS
C300
STREET PLAN AND PROFILE
C301
INTERSECTION DETAILS
C400
DETAILS
C401
DETAILS
C402
DETAILS
G403
DETAILS
C404
DETAILS
GENERAL UTILITY NOTES
1. ALL STREET, WATER. SEWER, AND STORM MAIN IMPROVEMENTS SHALL BE INSTALLED PER
CITY OF MOAB STANDARDS AND SPECIFICATIONS, MOST CDRRENT EDITION.
2- THE CONTRACTOR SHALL HAVE IN HIS POSSESSION AT ALL TIMES ONE (1) SIGNED COPY
OF PLANS AND SPECIFICATIONS (IF APPLICABLE) WHICH HAVE BEEN APPROVED SY THE
LOCAL JURISDICTION_
3. COORDINATION BETWEEN THE CITY AND THE CONTRACTOR IS REQUIRED FOR ALL WATER
MAIN TIE-INS. CONTRACTOR IS RESPONSIBLE FOR OBTAINING AN INTERRUPTION OF WATER
SERVICE PERMIT, THE CITY WILL OPERATE ALL IN-SERVICE WATER VALVES AS REQUIRED
FOR THIS PROJECT.
4. THE CONTRACTOR SHALL REPAIR OR REPLACE THE EXISTING LANDSCAPING, IN KIND, THAT
WAS REMOVED OR DAMAGED DURING CONSTRUCTION. THE CONTRACTOR SHALL
GUARANTEE SAID LANDSCAPING FOR ONE (1) YEAR AFTER THE FINAL ACCEPTANCE OF
CONSTRUCTION.
5. THE CONTRACTOR SHALL REPAIR OR REPLACE ANY PUBLIC OR PRIVATE IMPROVEMENTS, IN
KIND, INCLUDING, BUT NOT LIHIITED TO: GAS, ELECTRIC CR TELECOM FACILITIES,
RESIDENTIAL SERVICES, WATER LINES. SEWER LINES, STORM DRAINS, ETC., THAT WERE
REMOVED OR DAMAGED DURING CONSTRUCTION.
6. THE CONTRACTOR MAY TEMPORARILY BACKFILL TRENCHES TO THE EXISTING ROADWAY
SURFACE WITH CLASS 6 ABC, PROVIDING A SMOOTH DRIVING SURFACE- IN THIS MANNER
THE CONTRACTOR CAN ASPHALT PAVE LARGE SECTIONS OF TRENCH AT ONE TIME WHILE
STILL PROVIDING A USABLE ROADWAY.
7, WHERE CONSTRUCTION OCCURS IN OR ACROSS ASPHALT OR CONCRETE PAVEMENT, SAW
CUT THE PAVEMENT FOR A CLEAN STRAIGHT EDGE R" OUTSIDE THE TRENCH LIMITS TO
ALLOW CLEAN REMOVAL AND A GOOD SURFACE FOR PROPER PATCHING.
8. ALL PAVEMENT SAW CUTS SHALL BE 90' TO ONE ANOTHER.
9. THE CONTRACTOR SHALL BE RESPONSIBLE FOR PROTECTION OF ALL EXISTING ASPHALT
FROM CONSTRUCTION EQUIPMENT, DAMAGED ASPHALT SHALL BE REPLACED RY THE
CONTRACTOR AT HIS EXPENSE.
16_ CONTRACTOR SHALL RELOCATE STREET SIGNS TEMPORARILY DURING CONSTRUCTION, THEN
REPLACE AS REQUIRED, INCLUDING T-LOCK BASE, METAL POST, MOUNTING HARDWARE,
ETC,
11. PRIOR TO FINAL PLACEMENT OF SURFACE PAVEMENT, ALL UNDERGROUND UTILITY MAIN
IMPROVEMENTS AND SERVICE LINE CONNECTIONS SHALL BE INSTALLED AS SHOWN IN THE
PLANS.
12. THE EXISTING WATER AND SEWER LINES SHALL REMAIN IN SERVICE DURING CONSTRUCTION
EXCEPT AS COORDINATED WITH THE CITY.
13. SEWER AND WATER SERVICE LINES SHALL BE INSTALLED IN SEPARATE TRENCHES, 10'
HORIZONTAL SEPARATION SHALL BE PROVIDED AS SHOWN_ VERTICAL SEPARATION SHALL
BE PROVIDED PER CITY OF MOAB REOUIREMENTS_
14. ALL VERTICAL AND HORIZONTAL BENDS SHALL HAVE CONCRETE THRUST BLOCKS
INSTALLED.
LEGEND
SWALE
WATER MAIN
SEWER MAIN
CONTOUR MAJOR
CONTOUR MINOR
UNDERGROUND
ELECTRIC
EXISTING PROPOSED
ABBREVIATIONS:
W.S. WATER SERVICE
S.S. SEWER SERVICE
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ENGINEERINGEEc
150 Rock Point Drive
Suite F
Durango, CO 01301
970-403-5088
PLAN NO.
C000
Project
Date, 08102/16
Drawn By: AR
Checked By: JP
CITY OF MOAB CITY ENGINEER
SIGNATURE APPROVAL BLOCK
CITY ENGINEER PRINTED NAME
CITY ENGINEER SIGNATURE DATE
PROPERTY
ROUNDARY� _ _
BENCHMARK
#3 REBAR
EL 3978.40
i
I
1
t
DIRECT SWALEI I
SOUTH OF
EXISTING FENCE
LOT 5'4
(9419. SO. FT,)
(0.22 AC)
LOT 55A
(5506 SQ. FT.)
(0.13 AC)
EXISTING ESMNT
TO BE VACATED
AWCl1T DAMAGED ASPHALT
AND TEE TO EX157 STREET
AND SIDEWALK
LOT 33A
• (5106 50. FT.)
(012 AC)
t-rrre ciiis::: as
LOT 55B
(5489 SO. ET_}
(0.13 AC)
LOT 55
(9313 SQ. FT.)
(0.21 AC)
•
1^A 3 7
LOT 33B
(5106 SQ. FT.)
(0.12 AC)
•A.
`OVERLOT GRADE TO
SLOPE LOTS TO EAST
LOT 34
(8705 50. FT-)
(0.20 AC).
s.c
LOT 35A
{5107 SQ. FT.)
(0.12 AC)
1
_wA_
bq I
o�
i mw
LOT 57A
(5440 50. FT.}
(0.12 AC)
PALISADE `ORPVE'(ASPHALT}
5' SIDEWALK
i
LOT 358
(5108 SIT FT.)
(0.12 AC)
)
LOT 57B
(5422 SO. FT.}
(0.12 AC)
OUNTABLE
CURB & GUTTER (TYP)
5.00'
rEEUTY
EsMT
(TY }
LOT 36
(8708 SQ. FT.)
(0.20 AC)
LOT 58
(9201 SQ. FT.) J
(0.21 AC)
LOT 26A
(6706 SO. FT.)
(0.15 AC)
LOT 59A
(5374 SQ. FT.)
{0.12 AC)
bA MIDBLOCN
RAMP (2)
HYCRAN
LOT 268
(6666 SO. FT.)
(0.15 AC)
3700
PRESERVE
FUTURE
DEVELOPMENT
3 1 SLOPE
TO EXISTiN0
GRADE
PROPERTY
BOUNDARY
PRESERVE L-
FUTURE
DEVELOPMENT
TEMP. ACCESS
EASEMENT
R45.00-
X'
3
LOT 590
(5665 SQ. FT.
(0.13 AC)
ENO SIDEWALK
50 C
• ROW
�e .
J
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m
Le
03
TEMPORARY GRAVEL
CM —DE —SAC
FOR EMERGENCY ACCESS
ANb LARGE VEHICLE AROUND �
1
// J
D' WIDE LANDSAPE BERM
BETWEEN CURB AND BOW
H = E
3;1 SIDE SLOPES.
CREST VAOTH = {
PROPERTY
BOUNDARY
9.5'
U Lo 0
GRAPHICAL SCALE WTI
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ENGINEERINGLLe
150 Rock Point Drive
Salle F.
Durango, CO 81301
970.403-5CM
PLAN NO.
C100
Project
Dale= D810290
Drawn By: AR
Checked By: JP
98'
LOT 54 LOT 55A
XTEND SEWER SERVICE
TO' INTO LOT, INSTALL
CAP AND; MARKER (TYP.)
Cis F.
CONNECT TO EXIST ` a
LINE STUB- REMOVE CAP dl BLOWOUT_.__.. _
SALVAGE BLOWOUT VALVE---
. . ST8?_1+00.00 _
_. _OFF:11.021
REMOVE CLEANOUF
AND CONNECT TO
�
EXISTING e" DIA.
-- SEWERMAIN- -
FG: 3976.32
INV EL: 3969.84t
STA: 1+06.78
OFF-2-68''R.-=
UPLEX WATER
SERVICE SEE NOTE
THIS SHEET (TYP.)
ai
v
LOT 553 LOT 56
WATER/SEWER SERVICE
POINT OF CONNECTION
AT MAIN (TYP.)
ui N
INSTALL CA
AND MARKER
FG: 3979.503
INV. 3971.94
STA: 3+38.00
OFF.148.46'L
INSTALL WA
METER BETWEEN
SIDEWALK AND
PROPERTY LINE
(TYP.)
N
i
LOT 57A LOT 578
ci
a®
To Tr
1'_
F14'
ESMNT
0
03 -1m¢ ¢
�� .. � a
H
g,
a
LOT 58
LOT 59A
LOT 598
90' PEND-
W/ T.e_
STA: 5+72.57
OFF:10.37'L
v ^ a „i
• `d•
w't
vmmr >!i!na4✓�M.4 ;74MMIIM4!l71:!l i:latln !�!•0l67t1lIlKI •1!1!1 18V!! M1
Ir 4 LF 8 D A
C900 PVC W _ MAIN
f
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ur1.
r. .. r,1-=.
I
•
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30
(rm.)
N
m0
N
O
230 LF 8' DIA. PVC
SEWER MAIN • 0.5%
M1
fi
YS J N J
o n r-
N m
a.6 No
PALISADE DR.
Q5`
m 215 LF 8" DIA PVC NiJ
P SEWER MAIN • 0.5S
Ym Y '8m
6
LOT 338
a
VI
I I
I
I
I
I
N
MIN 10,00'
PIPE EDGE T9
PrPE EDGE BETWEEN
WATER & SEWER MAIN
?- -
LOT 34
N
LOT 35A
3
4' DIA. MN.
RIM: 3975.41
INV IN (5, E): 3971.20
INV OUT (N): 3971.00
STA:3+38.00
OFF: 1.43'R
LOT 358
a
N
a
LOT 36
i5
I
9
n m
g ei n
�e
m N p
O 10
•
•
LOT 26A
3
N
a
�6-15
4' DIA. MH.
RIM: 3979.52
INV OUT (N): 3972,28
STA: 5+54.79
OFF: 2.98'R
HYDRANT ASSEMBLY
STA: 2+79.08
OFF: 22.56'L
28.5 LF 6' DIA.
C900 PVC WATER MARE
13"X 6° TE
W/ 6" C.V. AND T.B.
STA: 2+79.08
LO T256 OFF: 6-00'R
8"X 6" TEE
W/ (2) 8" G.v AND T.B_
STA:1+72.36
OFF: 6.00'R
i
>E
5 LF 8" DIA.
WATER MAIN
INSTALL CAP,
AND T B
STA:1+67.5S
OFF: 6.01'R
i
I
i
i
23 LE 8` DIA.
0900 PVC
WATER MAIN
INSTALL CAP,
DLOW-gOFT,
STA 1+72.39
OFF: 28.59'R
0 20 20
GRAPHICAL
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DESCRIPTION
ENGINEERING,
150 Rock Paint Drive
Suite F
Durango. CO 81301
S70-403-5085
PLAN No.
C200
Project:
Dare: 06T02118
Drawn By: AR
Checked By: JP
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A N D R E P L A C E
D A M A G E D A S P H A L T ,
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P V I E L E V . 3 9 7 6 , 4 5
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