HomeMy Public PortalAboutRES-CC-2019-33CITY OF MOAB RESOLUTION NO.33-2019
A RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE UTAH
DEPARTMENT OF TRANSPORTATION FOR CONSTRUCTION OF A DOWNTOWN
PARKING STRUCTURE
The following findings describe the reasons for this resolution and explain its purpose:
a. In 2017 the state legislature appropriated approximately $160 million to assist tourism based
communities in Reducing Traffic Congestion, Supporting Economic Development and to
Increase Recreation & Tourism Opportunities.
b. In 2017/2018 UDOT Region 4 held a series of workshops to determine the "Arches Area"
needs to compete for the available funding. The number 3 highest rated project was a West of
Main Street Downtown Parking Structure.
c. In May 2018 the State Transportation Commission awarded $10 million to the Arches Area
for a Downtown Parking Structure and Dispersed Parking Lots.
d. UDOT has requested that the City of Moab manage the Downtown Parking Structure project.
The mechanism which will enable the City to do so is by signing the attached UDOT
Cooperative Agreement.
e. The City finds that there is a compelling public interest to enact this resolution due to the
need for the Downtown Parking Structure
Now therefore, the City of Moab resolves as follows:
1. Definitions. The term "Downtown Parking Structure" is as is defined in the UDOT
Cooperative Agreement.
2. Direction to Staff. Staff is directed to pursue completion of the Downtown Parking
Structure within the timeframe identified in the UDOT Cooperative Agreement.
3. UDOT Cooperative Agreement. The Mayor is authorized to sign the attached UDOT
Cooperative Agreement.
PASSED AND APPROVED by a majority of the City Council, this 28th day of May, 2019
By:
V2-Vi
Emily S. Niehaus, Mayor Date
Attest:
By: - , .1 G
1
Sommar Johnson, Recorder Date
1
LIDIC7r- State of Utah
Department of Transportation
/I Keeping Utah Moving
Cooperative Agreement
Local Agency Performing
Work for UDOT
Project Description: Moab Downtown Parking
Structure
Local Agency: The City of Moab
$8,300,000
Pin: 16912
FINET Program 73036
Project: S-0191(167)125
Date Executed
THIS AGREEMENT, made and entered into on the , by and between the UTAH
DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "UDOT", and The City of Moab , a
political subdivision of the State of Utah, hereinafter referred to as the "Local Agency."
The Moab area has been identified for transportation improvements in area with recreation and tourism
activity that experiences significant congestion. Moab City is receiving money designated for this purpose in
SB 277 (2017). The Transportation Commission has funded a parking structure in downtown Moab City.
Subject to the attached provisions, Local Agency will perform the Work for the Project. UDOT will not
provide any additional funds beyond the lump sum payment amount of $8,300,000.00.
Description of Work:
Moab City will construct a parking structure in downtown Moab to accommodate 320 parking stalls. The structure will
be 4 levels, 3 above ground and 1 below. The chosen location for this structure is on City owned land located mid -block
between 100 N and Center Street. The City of Moab will contract engineering, architectural, and any additional services
needed to deliver the project for advertisement within 14 months from the effective date of this agreement. No more
than 6% or $498,000 of these funds will be used for structural aesthetics. The City of Moab will also be responsible for
construction inspection and engineering management, UDOT will not be paying the City of Moab separately for any of
these costs. The City of Moab will own, operate, and maintain the parking facility. Any remaining funds from the
parking structure project will be used to further the design and construction of Main Street improvements from 100 S to
200 N as detailed in the funding request. UDOT will give The City of Moab $8,300,000 for this work. The City of
Moab is required to maximize the parking stall to extent feasible. The proposed structure is based on a few assumptions.
1. The parking structure will be four levels, but The City of Moab is concerned that ground water or utilities may
make a below ground level unfeasible, height limitations will only allow for 3 levels above ground. If the
structure is reduced to three levels, then 320 stalls may not be feasible.
2. Current plans also require some minor right-of-way acquisition, it appears the property owner is agreeable;
however, if this property cannot be acquired by The City of Moab, the lack of this right-of-way
may also reduce the number of stalls possible.
Costs to include:
List or Description of Items
Item #
Item Description
Estimated
Quantity
Unit Price
Estimated Cost
#1
Downtown parking structure and Main Street
improvements
1
$8,300,000
$8,300,000.00
#2
#3
Estimated Total Cost
$8,300,000.00
LUMP SUM PAYMENT: TOTAL AMOUNT TO BE PAID BY
UDOT
(Fill in only if actual cost approach is not used.)
$8,300,000.00
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Project Completion Date: TBD .
Provisions
. Local Agency's contractor will perform the
Work described in this Agreement. If Main
Street work is performed, UDOT will review the
plans and specifications. The City of Moab will
only perform Main Street Work from UDOT
approved plans. . Local Agency will notify
UDOT two weeks in advance prior to starting the
Main Street work so UDOT may inspect the
work. UDOT has the right to inspect the Main
Street work but may choose not to exercise this
right. Regardless of any inspection by UDOT,
Local Agency is still required to construct the
Main Street work in accordance with the plans
and specifications. UDOT, through its inspection
of the Main Street work, will provide Local
Agency with information addressing any
problems or concerns UDOT may have with
acceptance of the work. Upon completion of the
Main Street work, the Local Agency will contact
UDOT for a final review and inspection of Main
Street Work. The Local Agency has the right to
correct any deficiencies in a timely manner and
resubmit the Work for inspection and approval.
I. Liability:
UDOT and the Local Agency are both
governmental entities subject to the
Governmental Immunity Act. Each party agrees
to indemnify, defend and save harmless the
other party from any and all damages, claims,
suits, costs, attorney's fees and actions arising
from or related to its actions or omissions or the
acts or omissions of its officers, agents, or
employees in connection with the performance
and/or subject matter of this Agreement. The
obligation to indemnify is limited to the dollar
amounts set forth in the Governmental Immunity
Act, provided said Act applies to the action or
omission giving rise to the protections of this
paragraph. This paragraph shall not be
construed as a waiver of the protections of the
Governmental Immunity Act by the parties. The
indemnification in this paragraph shall survive
the expiration or termination of this Agreement.
II. Termination:
This Agreement may be terminated as follows:
a. By mutual agreement of the parties, in
writing
b. By either UDOT or the Local Agency for
failure of the other party to fulfill their
obligations as set forth in the provisions of
this Agreement. Reasonable allowances will
be made for circumstances beyond the
control of the parties. Written notice of
intent to terminate is required and shall
specify the reasons for termination. If a
party fails to cure the breach, the other party
may terminate this Agreement.
c. By UDOT for the convenience of the State
upon written notice to the Local Agency.
However, UDOT will be responsible for the
costs incurred for the Work before the
termination of the Agreement.
III. Maintenance:
The City of Moab will maintain the parking
structure in perpetuity.
IV. Payment and Reimbursement to Local
Agency:
UDOT will pay the lump sum within 30 days
from the execution of the agreement by both
parties.
V. Change in Scope and Schedule:
If Work scope or schedule changes from the
original intent of this Agreement, UDOT will
notify the Local Agency prior to changes being
made. If the Local Agency modifies its Project
and the modification affects the Work, Local
Agency will immediately notify UDOT. In the
event 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 must be approved in writing
by the parties prior to the start of work on the
changes or additions.
VI. Environmental Compliance
The Local Agency will assure compliance of the
Project with al[ applicable state and federal
environmental statutes, regulations, rules, and
permitting requirements.
VII. Miscellaneous:
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Each party agrees to undertake and perform all
further acts that are reasonably necessary to
carry out the intent and purposes of the
Agreement at the request of the other party.
The failure of either party to insist upon strict
compliance of any of the terms and conditions,
or failure or delay by either party to exercise any
rights or remedies provided in this Agreement,
or by law, will not release either party from any
obligations arising under this Agreement.
This Agreement does not create any type of
agency relationship, joint venture or partnership
between the parties.
Each party represents that it has the authority to
enter into this Agreement.
This Agreement may be executed in
counterparts by the parties.
VIII. Content Review:
Language content was reviewed and approved
by the Utah AG's office on February 2, 2015.
Local Entity
Utah Department of Transportation Region 4
By
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Date
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By
Date
By
Date
Title/Signature of additional official if required
Rick Torgerson, Region Director
By
Date
By
Date
Title/Signature of additional official if required
Comptrollers Office
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