HomeMy Public PortalAboutRES-CC-2019-50CITY OF MOAB RESOLUTION NO. 50-2019
A RESOLUTION APPROVING AN AGREEMENT BETWEEN CITY OF MOAB AND
UTAH DEPARTMENT OF TRANSPORTATION FOR WANG UTILITY
CONSTRUCTION
The following findings describe the reasons for this resolution and explain its purpose.
a. The City desires to address additional utility replacement and installation needs within the
UDOT right of way and in the area affected by the US-191 Widening project.
b. Coordinating installation of these utilities prior to the roadway widening will limit future
impacts to the new roadway.
c. The City has arranged with property owners to install minor utility improvements to the east
side of the highway simultaneous to the planned UDOT project to widen and reconstruct US-
191.
Now therefore, the City of Moab resolves as follows:
1. Funding Agreement. The City will enter into a funding agreement paying UDOT monies
received from the Wang Organization and establishing provisional cost of the proposed
betterments at $132,090.00, and in any case stipulating payment of actual costs incurred by
construction.
2. Effective Date and Duration. This resolution shall take effect immediately upon passage by
the City Council, regardless of the date of publication.
PASSED AND APPROVED by a majority of the City Council, this 12th day of November, 2019.
By:
Emily S. Niehaus, Mayor Date
Attest:
By �� L 11
Sommar Johnson Recorder Date
S
.►. HeepingUtahMov,,9 Department of Transportation
INEWT
State of Utah
Betterment Agreement
Local Agency
Modification to Federal
Aid Agreement
No. (If applicable)
Project Description: US-191 Widening.
Estimated Value of
Betterment
��32,090.00
Wang betterment improvements
Local Agency: City of Moab
PIN Number: 15329
Project Number: F-0191; P 126.11 —
Agreement Number
(AssignedByComptrollers)
208539
—
FINET/CID Number: 55050
128.20
Project Name: US-191: North Moab to the
FMIS Number: F012730
Colorado Bridge
Date Executed
11/20/2019
THIS AGREEMENT, made and entered into the date shown below, by and between the UTAH DEPARTMENT
OF TRANSPORTATION, hereinafter referred to as "UDOT", and
City of Moab a political subdivision of the State of Utah, hereinafter referred to as the
"Local Agency,"
Subject to the attached provisions, UDOT will include the following betterment work items into the above
referenced Project. In conjunction with the Project, UDOT will advertise these items for bid and will administer
construction of the work covered herein. Upon signing this agreement, the Local Agency agrees that the
costs shown below are estimates only and that the Local Agency will be responsible for paying the actual
costs associated with these betterment items, based on Contract Unit Bid Prices, and actual quantities placed.
Description of Work:
- In conjunction with the planned UDOT project to widen and reconstruct US-191 (Main Street),
the Local Agency would like to address additional utility replacement and installation needs within the
UDOT right of way. The City has coordinated with property owners to install minor utility improvements
to the east side of the highway with this project. Coordinating installation of these utilities prior to the
roadway replacement will limit future impacts to the new roadway.
Page 1 of 4
Betterment Items
Bid Item
No,
Description
Quantity
Estimated
Unit Price
Estimated
Price
181
10 Inch Water Service
1 Lump
$12,000.00
$12,000.00
182
4 Foot Dia. Sewer Manhole
2 each
$8,000.00
$16,000.00
183
10 Inch Sewer Line
655 ft
$150.00
$98,250.00
184
1 D Conduit
192 ft
$20.00
$3,840.00
185
Polymer Concrete Junction Box, Tier 22,
Type III
1 each
$2,000.00
$2,000.00
Subtotal
$132,090.00
Preliminary Engineering @ _% (If applicable)
NA
Construction Engineering (§ _% (If applicable)
NA
Total Estimated Cost
$132,090.00
Total Estimated Reimbursement to UDOT is $132,090.00
The total estimated cost of the betterment work shall be advanced / deposited with UDOT prior to
advertising or prior to the completion of the work, which ever is applicable. The Local Agency shall
deposit said amount with UDOT's Comptroller's Office located at UDOT/COMPTROLLER, 4501
South 2700 West, Box 141500, Salt Lake City 84119-1500
In the event the actual betterment costs are higher, the Local Agency shall pay the additional amount
required within 30 days of receiving an invoice from UDOT. In the event the actual betterment costs
are lower, UDOT will refund the balance of the amount deposited within 30 days of determining the
final cost of the betterment work
Page 2 of 4
Provisions
(Note: the language In these provisions shall
not be changed without prior approval from
the Utah AG's office)
UDOT has prepared plans, specifications and
estimates of costs for the construction of the
project, hereinafter referred to as the Project."
The Local Agency desires to include the
betterment work items described herein in the
Project contract work.
UDOT is agreeable to include the Local
Agency's requested betterment work in the
Project contract providing that the Local Agency
pay the actual additional costs incurred. The
Local Agency agrees that UDOT's Project will
not be delayed as a result of adding these
betterments, and that no betterments will be
added to the bid package until this agreement has
been signed by both parties.
The Local Agency, at no cost to the Project, shall
provide on -call support from Local Agency's
Design Engineer or appropriate representative to
correct or clarify issues during construction and to
perform the necessary inspection for the Local
Agency work Installed by the contractor. The
Local Agency engineer and/or inspector shall
work with and through UDOTs Project Manager
or Resident Engineer and shall give no orders
directly to UDOTs Contractor unless authorized
in writing to do so. It is agreed that UDOTs
Contractor will accomplish the work covered
herein on Local Agency's facilities in accordance
with the plans and specifications provided by the
Local Agency, including changes or additions to
said plans and specifications which are approved
by the parties hereto. The Local Agency,
through their inspection of said work, will provide
UDOT's Project Manager or Resident Engineer
with information covering any problems or
concerns the Local Agency may have with
acceptance of said facilities upon completion of
construction.
Any periodic plan and specification review or
construction Inspection performed by UDOT
arising out of the performance of the project does
not relieve the Local Agency of its duty in the
performance of this project or to ensure
compliance with acceptable standards.
Except in cases of emergency It is understood
that access for maintenance and servicing of the
Local Agency facilities located on State right of
way will be by permit Issued by UDOT to the
Local Agency, and that the Local Agency will
obtain said permit and abide by the conditions
thereof for policing and other controls in the
conformance with Utah Administrative Rules.
I. Indemnification:
UDOT and the Local Agency are both
govemmental entities subject to the
Govemmental Immunity Act. Each party agrees
to indemnify, defend, and save harmless the
other from and against all claims, suits and costs,
including attorneys' fees for injury or damage of
any kind, arising out of its negligent acts, errors
or omissions of its officers, agents, contractors or
employees in the performance of this agreement,
and from and against all claims, suits, and costs,
including attorneys' fees for injury or damage of
any kind. Nothing in this paragraph is intended to
create additional rights to third parties or to waive
any of the provisions of the Govemmental
Immunity Act. The obligation to indemnify is
limited to the dollar amounts set forth in the
Govemmental Immunity Act, provided said Act
applies to the action or omission giving rise to the
protections in this paragraph. 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 forternination.
c. By UDOT for the convenience of the State
upon written notice to the Local Agency.
d. Upon satisfactory completion of the
provisions of this agreement.
III. Maintenance:
The Local Agency agrees that, upon
completion and final inspection of the Project
Page 3 of 4
construction, to accept, own and maintain the
betterment work covered herein at no further cost
to UDOT.
IV. Payment and Reimbursement to UDOT:
The Local Agency shall be responsible for all
actual costs associated with these betterment
items.
The Local Agency agrees that if it modifies or
cancels this betterment agreement at any time
after it has been signed, the Local Agency
agrees to pay any cancellation penalties or costs
incurred by UDOT as a result of the betterment
work scope being modified or cancelled. In the
event the Local Agency fails to reimburse UDOT
for the costs Included in this betterment
agreement, funding for other Local Agency
projects or B&C road funds may be withheld until
the entire payment is made.
V. Change in Scope and Schedule:
The Local Agency recognizes that if their project
scope or schedule changes from the original
intent of this agreement, the UDOT
Project Manager or Resident Engineer will be
notified prior to changes being made. Any costs
incurred by UDOT as a result of these scope or
schedule changes will be the responsibility of the
Local Agency.
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 approved in writing by the parties
hereto is required prior to the start of work on said
changes or additions.
VI. Content Review:
Language content was reviewed and approved
by the Utah AG's office on July 19, 2012.
Local Agency
Utah Department of Transportation
By
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