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HomeMy Public PortalAboutPKT-CC-2020-03-24MARCH 24, 2020 REGULAR CITY COUNCIL MEETING 7:00 P.M. Per Executive Order 2020 -5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting will be conducted electronically and may be viewed on the City's YouTube channel: https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA . An anchor location will not be provided. Regular City Council Meeting - 7:00 p.m. Call to Order and Pledge of Allegiance Approval of Minutes Minutes: March 6, 2020 Special City Council Workshop min -cc -2020 -03 -06 draft.pdf Mayor and Council Reports Administrative Reports Citizens to Be Heard To have your comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://forms.gle/lvcmtlb9rvi6kpnaa You must submit your comments by 7:00 pm on March 24, 2020. Please limit your comments to 400 words. Old Business Proposed Resolution 11 -2020: Amending the Fiscal Year 2019 -2020 Annual Budget Approval agenda summary sheet - adoption of resolution 11 -2020 budget amendment.pdf 11 -2020 budget opening resolution.pdf Proposed Resolution 15 -2020: A Resolution Directing the Renegotiation of the UDOT Agreement and Terminating the Design Contract for the Downtown Parking Structure Project & Directing Coordination with UDOT & Grand County to Pursue Alternative Projects for Hotspot Funding Briefing and possible action agenda summary resolution 15 -2020.pdf revised resolution 15 -2020.pdf udot letter 6 month pause.pdf res 33 and cooperative agreement.pdf 2019 10 24 consulting services agreement - downtown parking structure.pdf New Business Proposed Resolution 05 -2020: Adopting the 2020 -2024 Capital Improvement Project List Briefing and possible action agenda summary sheet -resolution 05 -2020 adopting cip list.pdf capital improvement priortization resolution 05 -2020.pdf Proposed Resolution 08 -2020: Designating Depositories for Moab City Financial Accounts Briefing and possible action agenda summary sheet -depositories.pdf 08 -2020.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: 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 1. 2. 3. 3.1. Documents: 4. 5. 6. 7. 7.1. Documents: 7.2. Documents: 8. 8.1. Documents: 8.2. Documents: 9. 10. MARCH 24, 2020REGULAR CITY COUNCIL MEETING 7:00 P.M.Per Executive Order 2020 -5 issued by Governor Gary R. Herbert on March 18, 2020, this meeting will be conducted electronically and may be viewed on the City's YouTube channel: https://www.youtube.com/channel/UCl00z0Zgdmz4y1FoI0l7CJA . An anchor location will not be provided.Regular City Council Meeting - 7:00 p.m.Call to Order and Pledge of AllegianceApproval of MinutesMinutes: March 6, 2020 Special City Council Workshopmin-cc -2020 -03 -06 draft.pdfMayor and Council ReportsAdministrative ReportsCitizens to Be Heard To have your comments considered for the Citizens to Be Heard portion of the electronic meeting, please fill out the form found here: https://forms.gle/lvcmtlb9rvi6kpnaaYou must submit your comments by 7:00 pm on March 24, 2020. Please limit your comments to 400 words. Old BusinessProposed Resolution 11 -2020: Amending the Fiscal Year 2019 -2020 Annual BudgetApproval agenda summary sheet - adoption of resolution 11 -2020 budget amendment.pdf 11 -2020 budget opening resolution.pdf Proposed Resolution 15 -2020: A Resolution Directing the Renegotiation of the UDOT Agreement and Terminating the Design Contract for the Downtown Parking Structure Project & Directing Coordination with UDOT & Grand County to Pursue Alternative Projects for Hotspot Funding Briefing and possible action agenda summary resolution 15 -2020.pdf revised resolution 15 -2020.pdf udot letter 6 month pause.pdf res 33 and cooperative agreement.pdf 2019 10 24 consulting services agreement - downtown parking structure.pdf New Business Proposed Resolution 05 -2020: Adopting the 2020 -2024 Capital Improvement Project List Briefing and possible action agenda summary sheet -resolution 05 -2020 adopting cip list.pdf capital improvement priortization resolution 05 -2020.pdf Proposed Resolution 08 -2020: Designating Depositories for Moab City Financial Accounts Briefing and possible action agenda summary sheet -depositories.pdf 08 -2020.pdf Approval of Bills Against the City of Moab Adjournment Special Accommodations: 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 1.2.3.3.1.Documents:4.5.6.7.7.1. Documents: 7.2. Documents: 8. 8.1. Documents: 8.2. Documents: 9. 10. Page 1 of 7 February 9, 2019 MOAB CITY SPECIAL CITY COUNCIL WORKSHOP MARCH 6, 2020 Call to Order and Attendance: The Moab City Council held a Special City Council Workshop on the above date in the Moab Arts and Recreation Center (MARC) located at 111 East 100 North Street. An audio recording is archived at http://www.utah.gov/pmn/index.html. Mayor Emily Niehaus called the meeting to order at 8:27 AM. In attendance were Councilmembers Rani Derasary, Tawny Knuteson-Boyd, Karen Guzman-Newton, Kalen Jones and Mike Duncan. Also in attendance were City Manager Joel Linares, Assistant City Manager Carly Castle, City Attorney Laurie Simonson, City Finance Director Rachel Stenta, Assistant City Treasurer Marcy Mason, Human Resources Director Danielle Guerrero, Human Resources Specialist Stephanie Haycock, City Recorder Sommar Johnson, Deputy Recorder Kerri Kirk, Communications and Engagement Director Lisa Church, City Planner Nora Shepard, Code Compliance Specialist Mona Pompili, Senior Projects Manager Kaitlin Myers, Building Inspector Barry Ellison, City Engineer Chuck Williams, Police Chief Bret Edge, Recreation Assistant Rhett Grosskreuz, MRAC Director Terry Lewis, Arts and Special Events Manager Liz Holland, Arts and Special Events Assistant Makeda Barkley, Film Commission Director Bega Metzner, Sewer Superintendent Obe Tejada, Water Superintendent Levi Jones, Streets Superintendent Jeff Galley, Parks Superintendent Mike Huts, Facilities Superintendent Chace Gholson, and Executive Administrative Assistant Carmella Galley. One member of the press attended. Workshop to Discuss Setting Goals and Priorities for Calendar Year 2020: City Manager Linares introduced the general agenda for the day. He also stated that many departments were restructured last year, and the staff will need to focus on education and training. City Manager Linares said that other objectives for this year are quality of life, water resource protection, land use infrastructure and development (i.e. parking plan and 5-year capital improvements plan), infrastructure maintenance and operations, and Walnut Lane affordable housing progress. Senior Projects Manager Myers stated that Architectural Squared was selected for the Site Planning, Architectural and Engineering Services Requested for Walnut Lane Apartments. She said that this is for the planning stage, and it will be a while before construction begins on the project. Finance Director Stenta and Assistant City Treasurer Mason presented the Finance/Treasurer Department’s goals: online business license renewal, one stop new business registration, professional development, utility customer assistance program, audit water accounts, operational and capital revenue development, capital project prioritization, continued fiscal analysis (debt capacity), rate and impact fee analysis and revision, and council, staff, public outreach and education of city finance. Finance Director Stenta also mentioned goals for 2021- 2025: sustainable revenue development, develop a ten-year financial plan for operations and capital, annual rate and impact fee analysis and revisions, streamlined customer processes for utility billing and business licensing, and succession planning. She also stated that the City doesn’t have any capacity for new debt at this time; in fact, the City will need to cut $1.2 million from fiscal year 2021’s budget to break even. Finance Director Stenta reviewed the fiscal year 2021 budget process. Human Resources Director Guerrero and Human Resources Specialist Haycock presented their departmental goals: finalize and adopt the Personnel Policies and Procedure Manual, complete Page 2 of 7 February 9, 2019 transition from ADP to Caselle software, continue risk management and TARP (Team Appreciation Recognition Program), local pre-employment testing (drug and psychological), set days and times for closed-door meetings to accommodate all employees, continue the wellness program, and safety measures. Human Resources Director Guerrero stated that the 3-5 year goals are keeping health insurance rates low by both education and wellness incentives and expand education and resources for employees. City Recorder Johnson and Deputy Recorder Kirk presented their department goals: increase department training and cross-training, transition from Pelorus to Caselle software for accounts payable, obtain Certified Records Officer Certificates for Deputy Recorders, expand records repository, and continue education. City Recorder Johnson stated that the 3-5 year goals are: complete records repository for all legal documents, complete the Certified Municipal Clerk designation, and begin Certified Municipal Clerk designation for Deputy Recorder Kirk for succession planning. City Planner Shepard presented her department goals: complete master planning for Walnut Lane, review and amend PAD and Assured Workforce Housing Provisions of the City Code to make them more effective, develop standards to allow for new overnight accommodations in commercial zones, increase effective public engagement, training and education of staff, and funding for software (i.e. iWorq Development Module and Blue Beam). Building Inspector Ellison presented his department goals: work with various City departments regarding building maintenance, construction-related issues, and business licenses, streamline the building permit process, provide more information to the public by adding pages to the City’s website and creating a brochure, provide training for staff, and maintain a positive relationship with the residents of Walnut Lane. Code Compliance Specialist Pompili presented her department goals: ensure alignment and continuity throughout the City Code, restructure process for improved response time, continue to focus on nuisance abatement properties, coordinate community outreach with Communications and Engagement Director Church, obtain iWorq Code Compliance online complaint modules, continue education and training, and recruit an intern for 4-8 hours a week. Police Chief Edge presented his department goals: achieve and maintain maximum capacity staffing, stabilize vehicle fleet, develop reserve police officer program, update interlocal agreements, and enhance department capabilities through specialized training. For the 3-5 year goals, he wants to develop grant writing and management capabilities, implement the Southeastern Utah Major Crimes Task Force, mitigate the firearms range lead, and focus on a wellness program (mental, physical, and financial) for officers. He stated that the budgetary priorities are to minimize overtime, mitigate unplanned vehicle fleet and maintenance expenses, continue employee training, focus on firearms range clean-up, and update/acquire critical equipment (i.e. laptops, rifle plates, and spike strips). City Engineer Williams presented his department goals: provide support to multiple City departments regarding construction-related issues and development/building applications, coordinate with UDOT on the Highway 191 widening project, provide plan reviews in compliance with the State requirements, expand internal technical expertise through training, support implementation of the 5-year capital improvement plan, and utilize public engagement with assistance from Communications and Engagement Director Church. He also stated that his department will manage the following projects: 400 East over Mill Creek Bridge widening, roundabout at 400 North and 100 West, and the Spanish Valley Water Tank. Page 3 of 7 February 9, 2019 Communications and Engagement Director Church presented her department goals: incorporate public engagement as part of every initiative and expanding outreach by listening and responding to the community. Recreation Assistant Grosskreuz presented his department goals: implementing rate increases for all programs, renovating entryway to accommodate a front desk area during non-program hours to collect fees, continuing education by attending the URPA conference, expanding recreation opportunities/programs for lesser targeted groups (i.e. senior citizens and toddlers), formalizing a “scholarship system” to assist in registration costs for low-income households, and develop proper storage for large outdoor equipment. For the 3-5 year plan, he said that the department will partner with various local entities to fund construction of new outdoor pickleball courts, and to begin planning for a new gym facility. Arts and Special Events Assistant Barkley presented the Moab Arts and Recreation Center’s goals, which are to increase the number of grant applications, expand educational programming, continue the annual fundraiser, increase rentals, renovate and rebrand, add more opportunities for arts education, partner with various City departments and Council to integrate the arts into infrastructure, and create a public art map. MRAC Director Lewis presented her department goals: begin repairs of the natatorium interior walls and exterior building panel cladding, prepare for a rollover of cardio equipment in the fitness center, continue to develop a long-term maintenance plan, explore installation of outdoor showers on the pool deck to reduce locker room crowding, continue succession planning, implement fee increases, review outreach program, and contribute to the capital reserve fund. She stated that the department’s long-term goals are to refinish moisture-damaged laminated wood beams in natatorium, construct storage for outdoor equipment, develop a plan for construction of a snack bar on outdoor pool deck, and continue to assess user fees. Film Commission Director Metzner presented her department goals: Moab Showdown 49 Hour Short Film Competition becomes an annual event, maintain local community outreach and events, continue to facilitate film, TV, commercial, and online content productions in the area, maintain relationships with film production companies and local land use agencies, become a Certified Film Commissioner (CFC), travel to necessary networking events, continue local youth outreach, and MMVFC (Moab to Monument Valley Film Commission) Reel Scout database updates and additions. Sewer Superintendent Tejada presented the Sewer Collections department goals: maintain current cleaning and inspection rates, continue in-house capital sewer line replacement and point repairs as needed, increase grease testing and enforcement, increase sewer rates, construct a building for the combination truck, and obtain both a remote-controlled trench compactor and excavator. He also presented the Waste Reclamation Facility (WRF) goals: implement a preventative maintenance plan, increase testing of the WRF, cross-training for collections and reclamation employees, install a cover on the equalization basin, investigate sludge hauling in- house, and purchase additional laboratory equipment. Water Superintendent Jones presented his department goals: continue abandonment of failing infrastructure between 200 North-400 North, construct new infrastructure, continue replacements of fire hydrants and water meters, verify that Well #7 discharge line is operational and connected to transmission line, replace pump and add a chlorine station at Skakel Spring well house, and install fence around #10 well house. The department wish list is to lease a mini Page 4 of 7 February 9, 2019 excavator, obtain a vacuum trailer with valve exerciser and a new service truck. Streets Superintendent Galley presented his department goals: develop a pavement preservation plan, track each surface maintenance treatment, update sidewalk survey, develop ADA transition plan, develop a plan to repair/upgrade sidewalks, and identify trees that are damaging sidewalks/curb and gutter and replace with City-approved trees. He prioritized streets that may need repair sooner than others. He also discussed improvements for storm water and storm drains. Parks Superintendent Huts presented his department goals: renovation of the Old City Park pond and restrooms, renovation of the Ball field club house, update the Ball field for LED lighting, additional concrete work around the Swanny Park restrooms, add shade structures at all city playgrounds and above the boulder wall at Lions Park, resurface around the Lions Park bathrooms to provide traction, replacing the fall material at the playgrounds to rubber material, and replacing aging playground equipment at both Rotary and Swanny Parks. Facilities Superintendence Chace Gholson presented his department goals: installation of an ADA lift at Center Street Gym and improvements for the Center Street Gym, MARC, City Hall, and Scout House. Assistant City Manager Castle reviewed the Sustainability department goals: continue City engagement in HB 411 negotiations, update Moab’s water conservation plan, implement water conservation strategies to achieve a 20% reduction by 2030, explore and pursue solar opportunities, develop a Dark Sky compliance path for municipal facilities, complete a Green House Gas (GHG) Emissions inventory, identify energy efficiencies in municipal operations, and foster a culture of sustainable practices in departmental operations. Executive Session: Councilmember Knuteson-Boyd moved to take a five-minute break and then enter an executive closed session to discuss the Character, Professional Competence, or Physical or Mental Health of an Individual or Individuals. Councilmember Derasary seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Mayor Niehaus convened the executive closed session at 12:55 PM. Councilmember Jones moved to adjourn the closed session. Councilmember Duncan seconded the motion. The motion passed 5-0 aye with Councilmembers Jones, Derasary, Knuteson-Boyd, Guzman-Newton and Duncan voting aye. Mayor Niehaus ended the executive closed session at 2:00 PM. City Council Discussion of Goals and Priorities for Calendar Year 2020: Mayor Niehaus stated that each councilmember will share their individual goals and priorities, and then there will be discussion. Councilmember Derasary stated that she wants to review the budget to decide which goals are feasible, focus on public works and safety, look at capital improvement items, focus on sustainability, implement a community vision, follow up on consultant expenditures, and support staff improvements (such as City Code updates). She also stated that she wants to follow up on citizen questions such as: time-limits for parking on Main Street, lower speed limits, and Dark Sky lighting limiting visibility at night for senior citizens. She wants to ensure that people feel welcome at all City buildings due to high levels of customer service. Councilmember Guzman-Newton’s goals are customer service, promote small businesses in Page 5 of 7 February 9, 2019 Moab, improve water conservation, define and implement a community vision, focus on grant writing to achieve additional funding, and increase focus on downtown safety through the Police Department. Councilmember Jones thanked departments for their presentations today. His goals are to improve appropriate driver behavior in Moab and increase cross-departmental cooperation. Regarding sustainability, Councilmember Jones stated that he wants to follow up on the plastic bag ban by encouraging people to use reusable bags versus paper bags. He also stated that the Waste Hauling Franchise Agreement needs to move toward transparency regarding recycling when it’s renewed in 5 years. He wants to review renewable energy goals and transportation networks with Rocky Mountain Power. Councilmember Duncan stated that his goals are aimed towards the bigger picture. He said that Moab has entered a “mature” phase where exponential growth is not feasible. He wants to keep the town vibrant and healthy by having slower growth. Councilmember Knuteson-Boyd thanked City Manager Linares for bringing Council the information today. She commended staff for their time, effort, and professionalism on achieving the goals set by Council. She stated that staff has earned Council’s support and respect. Councilmember Knuteson-Boyd’s goals are to ensure a safe community, provide information to the public that is accurate and factual, update planning procedures, and verify that staff is doing their best. Mayor Niehaus said that she used the SWAT (Strengths, Weaknesses, Opportunities, Threats) analysis for her priorities. She said that the City’s strengths include staff capacity to address issues, the beauty of Moab, having a diversified Council, and City Manager Linares’ dedication to the City. The City’s weaknesses include not having a diversified revenue and communication. The opportunities are improving professional development, building upon assets like Old City Park and the MARC, and improving relationships with the legislature and private sector. The threats for the City are a drop in sales tax revenue due to the Coronavirus which could result in a decrease in operations funding, failing infrastructure (like water and sewer), and a loss of institutional knowledge due to many new staff and Council members. Mayor Niehaus also stated that she is grateful for City Manager Linares and all City staff. Councilmember Duncan thanked staff for being on the frontlines of the Council’s decisions. Mayor Niehaus stated that the discussion would proceed to priorities and details. She stated that the Blue Beam application is a great way to move forward in the planning department. She wants to incentivize people to build ADU’s (accessory dwelling units) to aid in the housing shortage. Councilmember Knuteson-Boyd wants clarification about community vision. Councilmember Derasary states that she agrees with Councilmember Guzman-Newton regarding water resources. Councilmember Duncan wants to focus on the overnight accommodations process and maintaining the downtown area’s character. Councilmember Jones stated that community vision statements need to go through a process with the public to be created. Councilmember Derasary wants to hire a local consultant to assist in the creation of the City’s community vision. Councilmember Jones said that the value is in the process itself. City Manager Linares stated that the process leads to ownership. Mayor Niehaus asked Councilmember Derasary for the contact information of the consultant that assisted UMTRA with their vision statement. Councilmember Derasary stated that a consultant doesn’t provide services for free. Mayor Niehaus and Councilmember Knuteson-Boyd both stated that people in the community may want to volunteer for this project. Councilmember Guzman- Page 6 of 7 February 9, 2019 Newton suggested a non-profit group from Colorado called Community Builders that could be beneficial. City Manager Linares asked if this task should be city- or county-based. Councilmembers Guzman-Newton and Derasary stated that the project should have a broader view and be county-based. City Manager Linares reiterated Council’s focal points to confirm understanding: finalize the downtown plan, improve community outreach, create a community vision, improve water conservation, review and update the City Code, finalize the budget for fiscal year 2021, discuss taxes, review rates and impact fees, create a plan for electric transportation by 2030, and emergency preparedness. Mayor Niehaus also stated that she wants a strategy for councilmembers when they receive concerns from the community. Communications and Engagement Director Church led a discussion about the differences between a town hall meeting, public hearing, press conference, and focus group. She said that town hall meetings are to receive input from the community on an issue prior to being presented before Council. These meetings must be recorded, but they don’t require a structured format. She said that press conferences are for things that are extremely important, such as when urgent information needs to reach the public. For a small town, it may only be necessary to have three press conferences a year. Communications and Engagement Director Church said that focus groups do not require minute-taking, since they are not sanctioned by Council. It is an informal group of people bouncing ideas off each other. City Manager Linares said that focus groups can be recorded and broadcasted. Communications and Engagement Director Church stated that she likes utilizing neighborhood meetings, because the people involved are invested in the topic. Mayor Niehaus requested clarification between public hearings and town hall meetings. Communications and Engagement Director Church stated that a public hearing is required for Council meetings regarding a specific topic. Councilmember Jones would like a plan to know which tool is best for each topic. Communications and Engagement Director Church stated that Council needs to create an engagement plan. Councilmember Jones wants to utilize an online survey program to get the pulse of the town regarding some topics. Communications and Engagement Director Church stated that online surveys are a great tool and have high levels of participation. Mayor Niehaus expressed concerns about the possible decrease in international tourism this year due to the Coronavirus. She asked Council if they should meet to discuss a City property tax to increase revenue. Councilmember Jones said yes. City Manager Linares said that a property tax in a small amount can still raise a lot of revenue. He knows that many people with second homes located in Moab are not paying taxes to the City for their properties. This means that these homeowners are not contributing to the costs of the City while reaping the benefits. He also mentioned the RAP tax that is in progress as another revenue source. He stated that Zions Public Finance will present to Council ways to improve the financial standing of the City. Finance Director Stenta said that the City does not currently have a revenue stream for roads. She stated that the property tax could create revenue for the road improvements. However, once the property tax is set for a specific purpose, the funds can’t be redirected anywhere else (i.e. operations). Councilmember Jones said that forward-looking communication will be essential because taxes are never popular. Councilmember Duncan proposed a delay in discussing the property tax with the public. He stated that, if the City shows that it has cut $1.2 million in funding first, it may make the property tax more saleable. City Manager Linares said that we are the only City in the state that doesn’t have a property tax. Mayor Niehaus asked Council if the direction to staff is to come up with a communication plan for the property tax. Councilmember Duncan said that he is not in agreement yet. City Manager Linares said that staff will put together a plan for implementing a property tax. He said that, in a few months, the information will be provided to Council. Mayor Niehaus requested that the property tax plan remain off Council agendas for at least a year. Finance Director Stenta stated that the topic won’t get the Page 7 of 7 February 9, 2019 same level of buy-in if it’s only being discussed by staff. City Manager Linares said that staff will create a plan and review it with Council in April. Mayor Niehaus said that she wants the plan discussed informally and not as an agenda item. Adjournment: Councilmember Duncan moved to adjourn the meeting. Councilmember Guzman-Newton seconded the motion. The motion passed unanimously. Mayor Niehaus adjourned the meeting at 4:01 PM. APPROVED: __________________ ATTEST: ___________________ Emily S. Niehaus, Mayor Sommar Johnson, City Recorder 1 Moab City Council Agenda Item Meeting Date: March 24, 2020 Title: Approval of Proposed Resolution #11-2020 – Amending the Fiscal Year 2019/2020 Budget Date Submitted: March 18, 2020 Presenter: Rachel Stenta, Finance Director Attachment(s): 1) Draft Resolution #11-2020 Background/Summary: Since the public hearing on February 25, 2020, one change has been made to the proposed resolution as outlined below: Capital Projects Fund: The Millcreek Drive West Project (USU/Aggie Blvd) was not included in this fiscal year’s budget as the department thought that the project would be completed in the last fiscal year. The project spanned into this fiscal year and - as presented by the Engineering Department - the project is now closed out. The expenses added into the budget through this resolution are offset by revenues from the escrow account which represent CIB funds, SITLA funds, Grand County funds and Moab City funds. Thank you and please let me know if you have any questions. Resolution #11-2020 Page 1 of 3 RESOLUTION # 11-2020 A RESOLUTION AMENDING THE FISCAL YEAR 2019/2020 BUDGET WHEREAS, the City of Moab has proposed to amend the 2019/2020 fiscal year budget for the various funds; NOW, THEREFORE BE IT RESOLVED THAT THE 2019/2020 FISCAL YEAR BUDGET SHALL BE AMENDED AS FOLLOWS: Amended Fiscal Year 2019/2020 Budget Amended Amended Revenue Expenditures 1. General Fund ($13,747,497) $ 13,747,497 2. Class C Road Fund ($ 523,620) $ 523,620 3. Recreation Fund ($ 1,721,645) $ 1,721,645 4. Trails Fund ($ 237,000) $ 237,000 5. Capital Projects Fund ($10,331,324) $ 10,331,324 6. Enterprise Sewer Operating $ 1,666,792 2019/2020 Fiscal Year Budget Amendments FUNDS Account # Account Name Adjustment Amount General Fund Revenue 10-39-940 Additional Transfer from Reserves Public Safety $ (47,460.00) 10-39-940 Additional Transfer from Reserves Trails $ (47,000.00) 10-39-940 Additional Transfer from Reserves Fleet $ (17,000.00) Total Revenue $ (111,460.00) General Fund Expenses Transfers 10-480-71 Transfer to Trails Fund $ 47,000.00 Police 10-421-36 Dispatch Services $ 47,460.00 Vehicle Maintenance 10-444-25 Equipment Supplies & Maintenance $ 17,000.00 Total Expenses $ 111,460.00 Class C Fund Revenue 21-39-561 Additional Transfer from Reserves $ (20,500.00) Total Revenue $ (20,500.00) Expenses Resolution #11-2020 Page 2 of 3 21-400-74 Machinery & Equipment $ 20,500.00 Total Expenses $ 20,500.00 Recreation Fund Revenue Aquatic Center 23-34-721 Admissions/Aquatic & Fitness $ 2,500.00 23-39-535 Transfer from Reserves $ 16,000.00 Total Revenue $ 18,500.00 Recreation Fund Expenses Aquatic Center 23-452-25 Equip Supplies & Maintenance $ 4,000.00 23-452-26 Building/Grounds Supplies & Maintenance $ 7,000.00 23-452-27 Utilities $ 5,000.00 23-452-28 Telephone $ 1,000.00 23-452-61 Sundry Expenses $ 1,500.00 Total Expenses $ 18,500.00 Trails Fund Revenue 28-33-210 Transfer from General Fund $ (47,000.00) Total Revenue $ (47,000.00) Expenses 28-400-89 Bike Skills Park Bathroom $ 30,000.00 Reserve Deficit $ 17,000.00 Total Expenses $ 47,000.00 Capital Projects Fund Revenue 41-36-237 Developer Fees $ (132,090.00) 41-39-561 Additional Transfer Reserves Public Safety Equipment $ (38,094.00) 41-39-561 Additional Transfer Reserves Sustainability Projects $ (35,000.00) 41-36-124 Grants and Donations Public Safety $ (10,000.00) 41-36-160 CIB Escrow – USU Project $ (848,500.00) 41-36-205 Sale of Equipment $ (6,800.00) Total Revenue $ (1,070,484.00) Expenses 41-791-50 Police Equipment $ 48,094.00 41-440-68 Passthrough – 191 Widening $ 132,090.00 41-440-89 Millcreek Drive West (USU-Aggie Blvd) $ 848,500.00 41-770-55 Sustainability Projects $ 35,000.00 Resolution #11-2020 Page 3 of 3 41-740-97 IT – Other Equipment $ 6,800.00 Total Expenses $ 1,070,484.00 Sewer Fund Operating Expenses 52-600-31 WRF – Professional & Technical $ 119,000.00 Total Operating Expenses $ 119,000.00 PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24th day of March, 2020. Emily S. Niehaus Mayor ATTEST: Sommar Johnson City of Moab Moab City Council Agenda Item Meeting Date: March xx, 2020 #: Click here to enter text. Title: Downtown Parking Structure Discussion and Potential Action Date Submitted: March 12, 2020 Staff Presenter: Joel Linares, City Manager Attachment(s): Resolution 15-2020, A Resolution Directing the Renegotiation of the UDOT Agreement and Terminating the Design Contract for the Downtown Parking Structure Project and Directing Coordination with UDOT and Grand County to Pursue Alternative Projects for Hotspot Funding Resolution 33-2019, A Resolution Approving a Cooperative Agreement with the Utah Department of Transportation for Construction of a Downtown Parking Structure Cooperative Agreement with UDOT for the Downtown Parking Structure Consulting Services Contract with Kimley-Horn & Associates Letter from UDOT granting six-month extension Options: Approve, deny, or modify Recommended Motion: I move to approve Resolution 15-2020, A Resolution Directing the Renegotiation of the UDOT Agreement and Terminating the Design Contract for the Downtown Parking Structure Project and Directing Coordination with UDOT and Grand County to Pursue Alternative Projects for Hotspot Funding Background/Summary: In 2019, the UDOT was tasked with administering the distribution of $100 million of “Hotspot” funding to areas with significant congestion related to recreation and tourism activity, for transportation improvements which met the three broad goals set by the Utah Legislature of congestion reduction, improved recreation access, and economic development, and which would be awarded via a competitive process. Moab was identified as one of these Hotspot regions eligible for funds. UDOT implemented a stakeholder group and process in the Moab area to identify capital projects which would score well in more detailed criteria established by UDOT. The stakeholder group identified a range of possible projects, which were scored relative to more granular criteria descending from the broad goals set by the Legislature. The projects identified from this process were one or more parking structures in downtown Moab, more efficient use of existing surface parking lots (“dispersed parking”) serving other areas and additional vehicle types, and 191/Main St. improvements to increase pedestrian safety and calm traffic. $10 million was awarded to Moab for these projects, the majority going to the design and construction of the Downtown Parking Structure (DPS). On May 28, 2019, the City Council approved a Cooperative Agreement with UDOT for the design and construction of the DPS, and in October 2019, the City Council approved a contract with Kimley-Horn and Associates, for DPS design work. Recently, issues regarding the DPS as not being an optimal use of Hotspot funds has grown because of the expense of the project, lack of community engagement at the beginning of the selection process, and the specificity of the location. Currently, in the absence of public and the majority of downtown business support and lack of endorsement to spend public funds on the DPS from both local government bodies, some members of the City Council have expressed a desire to select an alternative project for the Hotspot money. UDOT and the Transportation Commission have given the City until September 1, 2020 to identify and define this alternative project or projects. To this end, the proposed resolution provides for the following process to develop Hotspot-funded project alternatives: 1.A “stop work” order will be issued for the Kimley-Horn design contract; and City staff will develop a path forward to renegotiate the Cooperative Agreement with UDOT. 2.City staff will engage with UDOT to determine a process by which an alternative project or projects may be identified and selected for the Hotspot Funds. Grand County will also be engaged to participate in these efforts. 3.The City will coordinate with Grand County to form the Arches Hotspot Region Coordinating Committee, a body which will be used to identify and evaluate potential projects, and help to determine the alternative project or projects to be paid for using the Hotspot Funds. RESOLUTION NO. 15-2020 A RESOLUTION DIRECTING THE RENEGOTIATION OF THE UDOT AGREEMENT AND TERMINATING THE DESIGN CONTRACT FOR THE DOWNTOWN PARKING STRUCTURE PROJECT & DIRECTING COORDINATION WITH UDOT & GRAND COUNTY TO PURSUE ALTERNATIVE PROJECTS FOR HOTSPOT FUNDING WHEREAS, significant investments have been made in delivering a Downtown Parking Structure (DPS); and WHEREAS, the primary need for the DPS as identified in the 2017 UDOT Region 4 Arches Hotspot Study was to replace on-street parking lost as part of Main Street Improvements, but that those Improvements were rejected by residents and Council who objected to loss of on-street parking; and WHEREAS, building private vehicle capacity, including parking, does not always lead to congestion reduction, and capital projects other than the DPS may result in better long-term satisfaction of Hotspot program goals and community priorities; and WHEREAS, the DPS, according to the Downtown Parking Study, primarily benefits businesses within 600 feet of the structure, that is a limited number of businesses, and thus is a poorer use of public funds than dispersed parking or a regional shuttle which benefits a broader number of businesses; and WHEREAS, DPS design has changed significantly from its original less-intrusive, partially buried bottom floor, and two additional stories, to an imposing and view-shed blocking four story structure of 42 feet including its roof parapets; and WHEREAS, the DPS, still early in its design phase, has already incurred significant cost overruns forcing the adoption of structural construction techniques that trade lower construction cost for increased maintenance cost during its life; and WHEREAS, the DPS will incur significantly higher maintenance cost than the existing surface lot, with poor prospects for offsetting revenue whether it charges for parking or not, since according to the Downtown Parking Study the lot is often under-utilized; and WHEREAS, the DPS cannot accommodate over-sized vehicles, a critical parking need; and WHEREAS, UDOT is receptive to the redirection of Hotspot Funding if an alternative project achieves the goals of reducing congestion, increasing economic development, and increasing tourism opportunities; and WHEREAS, alternate uses of DPS funds have been identified that may satisfy the above criteria; WHEREAS, Moab City is currently partnering with Grand County and UDOT on a series of comprehensive transportation planning efforts, and is committed to improving transportation throughout Spanish Valley including Moab City, but as currently sequenced the transit component will not be complete until well after the Hotspot funding opportunity is passed; and WHEREAS, meetings of UDOT staff and local advisory bodies convened by UDOT are not subject to the conditions of Utah Open and Public Meetings Act; and WHEREAS, Moab City officials and residents value government transparency, and Moab City is committed to and capable of providing meeting noticing and record keeping facilitation, as well as other public engagement tools; and WHEREAS, given a UDOT project may fall either entirely within or without Moab City limits, or include both Moab City and Grand County; and WHEREAS, Moab City is interested in cooperating with Grand County to deliver services to their shared constituents more efficiently, Moab elected officials are accountable first and foremost to the citizens within their jurisdictional boundary, and Moab officials desire to cooperate with the County on projects which include both their areas, and retain the authority over projects entirely within City limits; and WHEREAS, the Moab City Council believes that, despite the previous investments of time, money, goodwill, public process, and commitments made, on balance the interests of Moab and the satisfaction of the Hotspot criteria may be better served by project(s) other than the DPS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOAB, UTAH that: 1)The City Council directs the City Manager to issue a “stop work” order to Kimley-Horn to cease work on design for the DPS; 2)The City Council directs City staff to seek clarity from UDOT regarding the measures by which alternative projects will be evaluated to meet Hotspot Funding criteria, and any UDOT submittal requirements in order to develop projects that meet the criteria of the Hotspot Funding Program and which the City anticipates would garner community and local leadership support. City Staff shall engage with relevant parties at Grand County and UDOT to determine the feasibility, cost, and staffing needs to quickly develop alternative Hotspot-funded projects. This information shall be brought to City Council, and County Council should their leadership so choose, for consideration; 3)The City Council directs the City Manager to renegotiate the Cooperative Agreement with UDOT, dated July 22, 2019, in a way that minimizes legal and financial risk to the City and the goals outlined in item #2 above; 4)The City Council directs the City Manager, following the renegotiation discussions with UDOT, to produce to the City Council a proposed framework and process to accomplish the goals outlined in item #2 above; 5)If UDOT and the City Council agree to terminate the July 22, 2019 Cooperative Agreement, the City Council directs the City Manager to terminate the City’s consulting services agreement with Kimley-Horn, dated October 24, 2019; and 6)City Council and City staff will coordinate with Grand County Council to form the “Arches Hotspot Region Coordinating Committee,” which shall consist of seven (7) members. The City Council shall establish the Hotspot Region Coordinating Committee by resolution or ordinance, with clarity as to appointing authority, membership, organization, purpose, authority, and expiration date. The Arches Hotspot Regional Coordinating Committee shall provide noticing and record keeping in compliance with the Utah Open and Public Meetings Act. City staff shall consult with the Council on other public engagement tools and efforts for this process. Transparency and public involvement shall be prioritized in the definition of alternative projects. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this xxth day of March, 2020. SIGNED: ______________________________ Emily S. Niehaus, Mayor ATTEST: __________________________________ Sommar Johnson, City Recorder State of Utah GARY R. HERBERT Governor SPENCER J. COX Lieutenant Governor DEPARTMENT OF TRANSPORTATION ('ARLOS \4. BRACF:RAS. Executive Director JASON E. DAVIS. 1'. E. Deputy Director of Engineering and Operarron.s TERIANNE S. NEWELL. P.L. Deputy D rccror of Planning and Investment March 2, 2020 City of Moab 217 East Center Street Moab, UT 84532 Mayor Neihaus: SUBJECT: Recreational Hotspot Funding The Transportation Commission and UDOT understand there are challenges when developing project(s) that meet the criteria of the Hotspot Funding and garner the support of the community and local leadership. UDOT and the Transportation Commission want all parties to be successful in any project that is carried forward. UDOT and the Transportation Commission support a collaborative process to define a project that meets the requirements of the Recreation Hotspot funding and has consensus support from the community and local officials. We understand there have been questions regarding time frame for delivering a hotspot project and would like to offer additional time of up to six months to work through the project selection process. Please work towards the goal of having a project defined by September 1, 2020. The Region 4 leadership and staff are eager to offer technical assistance to help move the process forward. For clarity, following are the requirements of the Recreation Hotspot funding from Senate Bill 277: (b) $100,000,000 to be used by the Department of Transportation for transportation improvements as prioritized by the Transportation Commission for projects that: (i) have a significant economic development impact associated with recreation and tourism within the state; and (ii) address significant needs for congestion mitigation. Please do not hesitate to contact me if you have further questions. MA/RT/jg Monte E. Aldridge Deputy Director, UDOT Region Four Region Four, 210 West 800 South, Richfield, Utah 84701 telephone 435.393.4799 • facsimile 435-8d6-6455 • www.udot utah.gov;eon-eaion4 CITY 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 Emily S. Niehaus, Mayor Attes By:`e• Sommar Johnson, Recorder 1 VW/7 Date Date LiMMCM.b. State of Utah Department of Transportation !/! Keeping Utah Moving Cooperative Agreement p g Local Agency Performing Work for UDOT Project Description: Moab Downtown Parking Structure Local Agency: The City of Moab ,$8,300,000 1 Pin: 16912 Project: S 0191(167)125 1 Date Executed Jul 22, 201S. THIS AGREEMENT, made and entered into on the 07/22/19 by and between the UTAH DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "UDOT", and I The City of Moab I, 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. I Costs to include: List or Description of Items Itern # Item Description Estimated Quantity Unit Price Estimated Cost #1 Dowunlnii n parking structure and Hain 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 1 of 3 16912 Cooprative agreement_Parking Structure_o7082Ol9.docx 7/9/2019 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 estimated costs for preliminary engineering within 30 days from the execution of the agreement by both parties. Remaining funds will be paid to the Local Agency quarterly based on estimated cash flow needs. If at any point, costs exceed estimated cash flow, UDOT will transfer additional funds within 5 business days of written notice from the Local Agency, 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 all applicable state and federal environmental statutes, regulations, rules, and permitting requirements. 2 of 3 16912 Cooprative agreement_Parking Structure_07082019.docx 7/912019 VII. Miscellaneous: 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 1 fBy —N„._ !Date 7-11-/7 gy — Date 910E' Emily 'S. Niehaus, Mayor 1 Ryan Anderson, UDOT Project Manager by ► U j , . (Date 1'11'1141. BY :Date ! "7/1. ISommar Johnson, Recorder ! !Monte Aldridge, Region Director j !By !Date By 'Date ! d7/2; ;Comptrollers Office 1 3 of 3 16912 Cooprative agreement_Parking Structure_07082019.docx 7/9/2019 /19 /19 /19 CONSULTING SERVICES AGREEMENT THIS CONSULTING SERVICES AGREEMENT ("Agreement"), is made and entered into this d1 day of OCT , 2019, by and between the CITY OF MOAB, a public entity of the State of Utah (the "City") and KIMLEY-HORN AND ASSOCIATES, INC., a Utah corporation (the "Consultant"). WITNESSETH WHEREAS, the City issued a Request for Statement of Qualifications (SOQ) for Professional Design Services for the City of Moab Downtown Parking Structure; and WHEREAS, Consultant is an engineering firm which, based upon its experience, expertise, and the other selection criteria set forth in the Request for SOQs, has been selected to perform Professional Design Services for said project. NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth and for other good and valuable consideration, the parties agree as follows: 1. Agreement: This Consulting Services Agreement consists of this document and all subsequent Amendments issued hereunder. 2. Scope of Services/Coordination: Consultant's Scope of Services ("Services") to the City consists of the attached proposal dated Oct.16, 2019 and the fee proposal dated Oct.16, 2019 including: a. Evaluate previous analyses, studies, reports, and physical condition of the existing site(s) during the programming and concept selection phase of the project. b. Conduct necessary field and regulatory investigations sufficient to support analysis and design of the DPS including seasonal and long-term traffic and parking growth. c. Develop parameters to optimize the parking structure layout and maximize available land usage. d. Provide drawings and renderings of final recommended conceptual plans. e. Assist the City with coordination between City stakeholders, including the Project Manager and the City's Project Review Committee. f. Solicit and respond to community involvement in an effort to receive input on the functional design and architectural concepts. g. Prepare construction documents for the DPS. The construction documents shall be compliant with requirements and provisions of the 2018 International Building Code with amendments, the U.S. Green Building Council (USGBC) Parksmart standards, as well as Utah Chapter of APWA standards and specifications. The project delivery system shall be by Design, Bid, and Build. h. Prepare opinions of probable construction cost, construction schedules, and phasing plans for construction of the DPS. 1 i. Provide support services through bid award including pre -bid meeting attendance, bid tabulation and pre -construction meeting attendance. Shop drawing review throughout the construction phase will also be required. j. Prepare an Operations & Maintenance Manual including anticipated maintenance costs and maintenance plan for a 20 -year time frame. 4. Compensation and Invoicing: The Consultant agrees to invoice the City for providing Services according to the approved Billing Rates. The total invoiced cost may not exceed the maximum cost established within the Agreement. The City will pay the Consultant any undisputed amount within 3o days of receiving an invoice. If the City disputes an amount on an invoice, it will provide the Consultant written notice of the dispute within 10 days or receiving the invoice. Upon resolving the dispute, the City will pay the Consultant the resolution amount within 10 days of the resolution. 5. Schedule: Time is of the essence in the completion of the tasks specified in this Agreement. Services under this Agreement will begin upon execution of the Agreement and issuance of a Notice to Proceed by the City and must be completed in accordance with schedule established in the Agreement and set forth in Exhibit 1, attached. However, times for performance may be extended as necessary due to unforeseen events or occurrences caused by any factor outside the affected party's reasonable control. The parties agree to confer in good faith with regard to a contract amendment in the event that any party's performance is delayed or impaired as a result of any such unforeseen event or occurrence. 6. Term of Agreement: This Agreement terminates December 31, 2020. The parties may mutually extend this Agreement for an additional one-year term if both parties provide written confirmation of the extension prior to the expiration of this Agreement. 7. Amendments: Any change in this Agreement must be mutually agreed upon by the City and the Consultant and must be set forth in a written amendment to this Agreement. 8. Sub -consultant Agreements: Work covered under this Agreement will be performed by the Consultant or, at a minimum, under its supervision. All personnel engaged in providing Services must be fully qualified and must be authorized or permitted under State and local law to perform such services. In order to perform one or more of the services listed in the Scope of Services, it may be necessary for the Consultant to retain the professional services of various sub -consultants. Only sub -consultants and their associated hourly rates and fees as listed in the Consultant Statement of Qualifications will be preapproved for services. For any sub -consultant not listed in the Consultant Statement of Qualifications, the Consultant must receive written prior approval from the City of the unlisted sub -consultant and its associated hourly rates and fees prior to that sub -consultant performing any services under this Agreement. The City reserves the right to withhold approval of any non-preapproved sub -consultant for any reason. 9. City's Obligations: 2 (a) The City will provide, at no expense to the Consultant, such books, maps, records, plans, reports, statistics or other data or information, which are existing, as may be reasonably required by the Consultant to perform the tasks or services within two working days after receipt of a written request by the Consultant for such data. (b) The City will promptly review all documents, plan reports, studies, or other submittals from the Consultant. 10. Assignment: The Consultant may not assign any obligation under this Agreement and may not transfer any obligation contained herein whether by assignment or novation. 11. Discrimination: The Consultant must comply with all applicable federal, state, and local employment laws including, but not limited to, those which prohibit discrimination based on one's race, color, sex, age, religion, national origin, disability, pregnancy, familial status, veteran status, genetic information, sexual orientation, or gender identity. 12. Conflicts of Interest: The Consultant represents and warrants that none of its officers, employees, or immediate family members of its officers and employees is or has been an elected official, employee, board member, or commission member of the City or its affiliates who influences the RFP process, selection of a consultant, or the subsequent written agreement. The Consultant also represents and warrants that it has not provided any compensation in any form, whether directly or indirectly, to an elected official, employee, board member, or commission member of the City or its affiliates who influences the RFP process, selection of a consultant, or the subsequent written agreement. 13. Status Verification: The Consultant represents and warrants that it and each sub - consultant participates in the Status Verification System as required under the Utah Immigration Accountability and Enforcement Act (UCA 63G-12-101 et seq.). The Consultant and any sub -consultant must provide certification to the City of its participation in the Status Verification System prior to performing any Services under this Agreement. 14. Records: The Consultant must maintain complete and accurate records with respect to charges for services and expenses reimbursable under this Agreement. All such records must be maintained on a generally accepted accounting basis and must be clearly identified and available to the City for audit. The Consultant must provide free access to the representatives of the City or their appointees at all proper times to such books and records. The City has the right to examine and audit such books and records, and to make copies and transcripts therefrom as necessary, and to inspect all work data, documents, proceedings, and activities related to this Agreement for a period of three years from the date of final payment under this Agreement. 15. Ownership of Materials: All materials, maps, models and other documentation prepared in providing services pursuant to this Agreement, whether completed or 3 uncompleted, or draft or final, will become the property of the City and must be submitted to the City upon completion of each assignment or the earlier termination of the Consultant's services with respect to such assignment, provided the City has substantially performed its obligations, including prompt payment of all sums when due Consultant, under this Agreement. The Consultant hereby assigns to the City all the Consultant's ownership and retained rights in such materials, maps, models and other documentation, including the copyright. The City will have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. However, any modifications or reuse of such reports, data, or other materials without the written verification or adaptation by the Consultant for the specific intended purpose shall be without liability or legal exposure to the Consultant. Credits for work prepared by the Consultant will be included with all documents issued by the City. The Consultant retains the right to duplicate and retain copies of all reports, maps and other documents prepared in providing services pursuant to this Agreement. 16. Independent Contractor Relationship: The legal relationship of the Consultant to the City with respect to the Services required under this Agreement is that of an independent contractor and not as an agent or employee. 17. Representatives and Notices: The following are designated as representatives of the parties to this Agreement: (a) The City designates Sommar Johnson, City Recorder of the City of Moab, as its representative in all matters under this Agreement and all notices given to the City must be addressed to the City of Moab, 217 east Center Street, Moab, Utah 84532, Attention: Sommar Johnson, City Recorder. (b) The Consultant designates as its representatives in all matters under this Agreement and all notices sent to the Consultant must be addressed to the above designated representative at 18. Indemnification: The Consultant agrees and covenants to indemnify, and hold harmless the City and the City of Moab, and their officials, officers, directors, employees, agents, successors and assigns, from and against any and all claims, losses, liabilities, damages, and expenses, including reasonable attorneys' fees, arising out of or based upon: (i) any negligent act, error or omission or intentional misconduct of the Consultant, the Consultant's sub -consultants or their officers, principals, members, partners, employees, agents, successors, executors, administrators or assigns in the performance of services or work pursuant to this Agreement, or (ii) any breach of this Agreement. 19. Termination for Cause: 4 (a) If the Consultant fails to fully perform in a timely and proper manner its obligations under this Agreement, or if the Consultant violates any of the covenants, agreements, or stipulations of this Agreement, the City will thereupon have the right upon not less than 15 days' prior written notice to terminate this Agreement effective as of the date set forth in such written notice. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant or the Consultant's sub -consultants under this Agreement will, at the option of the City, be delivered to the City, and upon payment of all undisputed amounts for all services satisfactorily performed prior to the effective date of termination. (b) If the City fails to fully perform in a timely and proper manner its obligations under this Agreement, or if the City violates any of the covenants, agreements or stipulations of this Agreement, the Consultant will thereupon have the right upon not less than 15 days' prior written notice, to terminate this Agreement effective as of the date set forth in such notice. In such event, all finished or unfinished documents, data, studies, and reports prepared by the Consultant under this Agreement will, at the option of the City, be delivered to the City, and the City must pay the Consultant in accordance with this Agreement all undisputed amounts for all services satisfactorily performed prior to the effective date of termination. Notwithstanding the above, the City will not be relieved of liability to the Consultant for damages sustained by the Consultant by virtue of any breach of this Agreement by the City. 20. Termination for Convenience: The City may terminate this Agreement and/or the Services with respect to a project assigned pursuant to this Agreement for its convenience at any time by serving the Consultant with notice in writing stating an effective date of termination at least five days hence, at which time this Agreement and/or the assignment of a project is deemed terminated. If the City terminates this Agreement and/or an assignment as provided herein, the Consultant will be paid all undisputed amounts for all services rendered and expenses incurred in accordance with this Agreement to the effective date of termination. 21. Compliance with Laws: The Consultant must comply with all applicable federal, state and local laws, ordinances, codes and regulations including, but not limited to, obtaining all applicable licenses and permits to perform Services. 22. Confidentiality: All of the draft and final reports prepared or assembled by the Consultant under this Agreement are confidential until made public by the City unless disclosure is compelled by process of law, court, or regulatory order. The Consultant agrees that the draft and final reports may not be made available to any person or organization without the prior written approval of the City. The Consultant also agrees to keep any information received from the City confidential unless the City provides prior written approval authorizing the release of such information. 23. Applicable Law. This Agreement and all transactions contemplated hereunder and/or evidenced hereby is governed by, construed under, and enforced in accordance 5 with the internal laws of the State of Utah without giving effect to any choice of law or conflict of law rules or provisions, whether of the State of Utah or any other jurisdiction, that would cause the application of the laws of any jurisdiction other than Utah. 24. Attorneys' Fees. If any dispute arises out of the obligations of the Parties under this Agreement or concerning the meaning or interpretation of any provision contained herein, the non -prevailing party will pay the prevailing party's costs and expenses of such litigation including, without limitation, reasonable attorneys' fees. 25. Standard of Care: Consultant represents that the Services performed by Consultant under this Agreement are conducted in a manner consistent with that level of care and skill ordinarily exercised by or under the direction of members of Consultant's profession currently practicing in the same locality and under similar conditions. 26. Insurance: The Consultant must secure and maintain throughout the term of this Agreement and the term of any extension hereof from insurers licensed by the State of Utah and acceptable to City, the following insurance coverages with insurance limits specified below: a. Workers' Compensation Insurance with statutory limits; b. Employers Liability Insurance with limits of not less than $1,000,000; c. General Liability Insurance with combined single limits of not less than $1,000,000 per claim/annual aggregate; d. Automobile Liability Insurance, including owned, non -owned and hired vehicles, with combined single limits of not less than $1,000,000 per claim/annual aggregate; e. Professional Liability Insurance with limits of not less than $1,000,000 per claim/annual aggregate and a per claim deductible not greater than $25,000, unless approved by the City in writing, to be maintained continuously for not less than two years after the termination of this Agreement or any extension hereof; f. Valuable Papers and Records Insurance - $50,000 per occurrence; and g. Electronic Data Processing Insurance (Data and Media Coverages) - $50,000 per occurrence. The City of Moab must be named as additional insureds of the coverages required by Subparagraphs 22C and 22d above. The maintenance in full force and effect of the insurance coverages and limits of liability required by this paragraph 22 is a condition precedent to the Consultant's exercise or enforcement of any rights under this Agreement. The Consultant may not commence services under this Agreement until all the insurance required herein have been obtained by the Consultant. Upon request of the City, the Consultant shall furnish to the City Certificates of Insurance verifying that such insurance has been obtained. Such Certificates of Insurance shall incorporate a commitment to provide written notice to the City at least 3o days prior to any cancellation, non -renewal or material modification of the policies. If the Consultant at any time neglects or refuses to procure the insurance required by this paragraph 22, or should such insurance be 6 cancelled, the City has the right, but not the obligation, to procure such insurance at the cost and expense of the Consultant, and the cost thereof may be deducted from any monies then due or thereafter due to the Consultant. If the City or The City of Moab is damaged by the failure of the Consultant to purchase and maintain the insurance coverage and limits of liability required by this paragraph 22 of this Agreement, the Consultant will bear all reasonable costs, expenses and damages incurred by the City or The City of Moab arising out of such failure to purchase and maintain the insurance coverage and/or limits of liability required by this paragraph 22. When requested by the City, the Consultant agrees to make available for inspection and copying by the City, the original insurance policies required by this paragraph 22, including the declarations page and any endorsements to such policies. 27. Severability: In the event that any provision of this Agreement is held to be void, the voided provision will be considered severable from the remainder of this Agreement and will not affect any other provision in this Agreement. If the provision is invalid due to its scope or breadth, the provision will be considered valid to the extent of the scope or breadth permitted by law. 28. Entire Agreement: This Agreement contains all of the agreements, representations and understandings of the parties hereto and supersedes any previous understandings, commitments, proposals, or agreements whether oral or written, and may only be modified or amended as herein provided; and the parties further agree that the terms and conditions of any order or other instrument issued by either party hereto in connection with this Agreement which are additive to or inconsistent with the provisions of this Agreement, except a duly executed amendment hereto, shall not amend this Agreement. IN WITNESS WHEREFORE, the City of Moab and the Consultant have executed this Agreement the day and year first above written. THE CITY OF MOAB Emily S. Niehaus, Mayor - Attest: Sommar Johnsa; Recorder Consultant Benjar nn,J Henderson, SE Project anager, Associate OCT. SO- 7 Kimley>>>Horn October 16, 2019 Mr. Chuck Williams, PE City Engineer City of Moab 217 East Center Street Moab, UT 84532 Re: Moab Downtown Parking Structure Moab, UT Dear Mr. Williams: We are pleased to submit this proposal to provide professional design services for the above referenced project. Project Understanding Kimley-Horn and Associates, Inc. ("Kimley-Horn" or "Consultant"), along with sub -consultants Jones & DeMille Engineering, Inc. (JDE), Naylor Wentworth Lund Architects (NWLA), Van Boerum & Frank Associates, Inc. (VBFA), GeoStrata LLC, and Raines Consulting will provide professional design services for Downtown Parking Structure (DPS) for the City of Moab ("Client" or "Owner"). The DPS will provide approximately 320 parking stalls and will be located on the existing City owned parking lot near the center of the city block bounded by Main Street to the east, 100W to the west, Center Street to the south, and 100N to the north. The Owner's total design and construction budget for this project is estimated at $8.3M. Scope of Services Kimley-Horn will provide the scope of services as specifically described below. Task 1: Programming and Concept Selection 1. Meet in person at Client offices for one project kick-off meeting. 2. Meet in person at Client offices for up to three Design Advisory Committee meetings. We assume approximately one per month. We assume that the first Design Advisory Committee meeting will coincide with the project kick-off meeting. 3. Coordinate and facilitate one community engagement meeting. We assume the meeting will be held in a City owned facility. We will provide all material and equipment required to facilitate the meeting. Materials and event costs not specifically required for the meeting will be paid for by the Client. The purpose of this meeting will be to review the possible parking structure and landscape architecture aesthetic elements and the possible material palette, color palette, streetscape and green screen plant palettes, lighting, kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Kimley>»Horn extemal signage, and site furnishing options. We will be looking to gather the community's opinions and preferences. 4. Develop up to five functional alternatives for the layout of the parking structure. These alternatives will include review of the following: a. Internal functional layout b. Review of entrance / exit locations c. Review of parking structure footprint, structure height, and below ground parking feasibility d. Parking structure orientation on the site e. Impacts on adjacent buildings and property f. Concept level construction staging / constructability review g. Review of property control risks h. Concept level coordination with future private development plans i. Review of utility conflicts j. Review structural system options 5. Provide a concept level opinion of probable construction cost (OPCC) for all of the functional alternatives developed. Submit for review by the City. 6. The Client and Design Advisory Committee shall select the preferred functional concept and the preferred structural system. 7. Perform a review of sustainable design opportunities, which will be guided by the ParkSmart certification process. Discuss the sustainable solutions with the City and the Design Advisory Committee at a Design Advisory Committee Meeting. 8. Provide a concept level OPCC for sustainable solutions. 9. The City and the Design Advisory Committee shall select which sustainable solutions to incorporate into the design of the parking structure. 10. Identify property control issues. Facilitate initial coordination between the City and adjacent property owner(s) to identify solutions to address the project's property acquisition needs. 11. Complete traffic counts. We assume the traffic counts will occur on city streets directly adjacent to the project site. Obtain from the City any available existing and projected traffic volume data. 12. Develop base mapping (topographic survey) as required by the design team to complete the design. The site will be flown with a drone to obtain current aerial imagery. The surface will be developed through various surveying methods including scanning, GPS, and robotic total station. 13. Identify existing Right -of -Way (ROW) a. Research existing ownership information and property boundaries for the project area. b. Provide property/ownership line work. c. Conduct field survey of property boundary evidence. 14. Identify and locate utilities kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Kimley>>>Horn a. Update utility company contact list. We will contract and inform the private utility companies of the pending project. We will gather updated utility information from the utility providers. b. Complete field survey of existing utilities. c. Create CAD file of existing utilities. 15. Obtain up to four soil borings on the existing site. Borings are to be extended to a depth of up to 30 feet, with up to 5 feet of rock coring. Provide draft Geotechnical Report to report findings and preliminary design recommendations to the design team and the Client. Task 2: Design Development Phase 1. Meet in person at Client offices for up to three Design Advisory Committee meetings. We assume approximately one per month. 2. Based on input from the Design Advisory Committee and the community engagement meeting in Task 1, develop up to three aesthetic design options, including exterior facade, conceptual marquis signage, lighting, and exterior signage/wayfinding. Present the three options to the Design Advisory Committee for selection of up to two preferred options. We assume that facade options will meet code requirements for "open air" such that a sprinkler system and ventilation of garage will not be required on all levels above grade. 3. Present up to two preferred exterior facade options to the community during the second community engagement meeting. From this meeting and the input received from the community, the City and the Design Advisory Committee shall select the exterior facade concept to move forward with in design. 4. Finalize Geotechnical Report. 5. Perform preliminary code review for preferred parking structure concept. Meet in person with City of Moab code official to review findings of preliminary code review. We assume that this meeting will happen concurrently with one of the Design Advisory Committee meetings. 6. Continue to facilitate coordination between the City and adjacent property owner(s) to identify solutions to address the project's property acquisition needs. Develop preliminary ROW plans and property acquisition documents. 7. Coordinate with the City to identify other planned roadway improvements and other private development in the area that could impact traffic conditions. 8. Complete traffic study. Scope of traffic study assumes that entrance to the parking structure will be at the current intersection of 100W and Williams Way. Present the findings via a report in PDF format. After responding to City comments, the final report will be submitted to the City in PDF format. 9. Complete preliminary intersection/roadway improvements design. Complete design development level plans that will include the basic design concepts including location of standard sidewalk ramps, signing, and marking. Identify new right of way needs, if required. 10. The following elements are assumed to be included in the Mechanical, Electrical, Plumbing, and Security design efforts: a. Electrical kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Kimley»)Horn i. Photovoltaic system design ii. Security 1. CCTV system 2. Future access control iii. Fire alarm design iv. Power 1. Elevator 2. Parking garage lighting 3. Electric vehicle charging stations b. Mechanical i. Stormwater sewer drainage system ii. Sanitary sewer drainage system iii. Rain harvesting c. Fire Protection i. Standpipe system 11. Attend a site plan pre -application conference with the City. 12. Complete Design Development level construction documents and technical specifications. Submit plans and specifications in PDF form to City for review. The Design Development construction documents will include the following plans: a. Demolition Plans b. Erosion Control Plans c. Site / Grading Plans d. Landscape Architecture Plans e. Utility Plans f. ROW Plans g. Offsite Roadway Improvement Plans h. Traffic Signal / Signing / Marking Plans i. Foundation Plans j. Framing Plans and Details k. Internal Traffic / Functional Plans I. Architectural Plans and Details m. Mechanical, Electrical, Plumbing, and Security Plans and Details 13. Submit site plan application. 14. Submit plans and technical specifications in PDF form to City for review. We assume one round of review comments by the City. Once comments are received from the City review process, we will address the comments in the Construction Document phase. 15. Update OPCC for project based on the Design Development construction documents. Submit for review by the City. Raines Consulting to attend up to one meeting with the City via conference call to review OPCC. kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Kimley»>Horn Task 3: Construction Document Phase 1. Meet in person at Client offices for up to three Design Advisory Committee Meetings. We assume approximately one per month. 2. Attend up to one Planning Commission Meeting and up to one City Council Meeting. 3. Finalize ROW plans and property acquisition documents. 4. Complete record of survey once property acquisition is completed. 5. Finalize design of all elements of the project. Complete construction documents and technical specifications. 6. Prepare Storm Water Pollution Prevention Plan (SWPPP). 7. Update OPCC for project based on the construction documents. Submit for review by the City. 8. Submit plans and technical specifications in PDF form to City for review. We assume one round of review comments by the City. Once comments are received from the City review process, we will address the comments and resubmit the final bidding documents for bidding. 9. Submit hard copy of plans to the City for building permit. Task 4: Bid Phase 1. Answer contractor questions regarding plans and specifications during the bid process. Submit responses to the City for addendum issuance. 2. Assist with compiling and issuing up to two addendums. 3. Attend and facilitate a Pre -Bid Meeting. 4. Assist the City with review of bids and identification of successful contractor. Additional Services Any services not specifically provided for in the above scope, or that are beyond the assumptions listed below, will be considered additional services and can be performed for a mutually agreed upon lump sum. Additional services will only be performed after receipt of written notice to proceed by Client and include, but are not limited to, the following: • Attendance at meetings beyond those noted. • Professional services beyond those noted above. • Construction administration. • Construction inspection. • Traffic Signal Warrant Analysis. • Traffic Signal Design. • Ventilation and Sprinkler Design for Enclosed Basement Level. • Drone aerial imagery. • Design of a bus/shuttle stop. Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client's consultants or representatives. kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Kimley>»Horn Assumptions Made to Develop Fees • There has been no request that the project seek LEED or Green Parking Council certification and therefore no LEED or GPC documentation is assumed. • No future horizontal or vertical expansion of the garage will be accommodated in the design. • The City shall be responsible for the Division 0 and Division 1 front end specifications. • The design of parking and revenue control equipment will not be incorporated into this project. • The City intends to fund the procurement, construction, and installation of the photovoltaic system through grant funding that the City will secure. • A below ground level of the parking structure will be able to be designed such that it will be considered open and won't require ventilation or sprinklers. • We assume that no improvements to City infrastructure will required coordination with UDOT. • Subsurface Utility Engineering will be completed to a Quality Level C, which includes gathering record data from the City and private utilities and surveying visible utility features on the surface. • City will complete traffic counts and will provide data to Kimley-Horn. The City will provide the appropriate seasonal factors to be applied to traffic counts to provide design day traffic counts to be considered in the traffic study. • Bus/shuttle stop is assumed to be on Center Street and is assumed to be designed and implemented in a future project. Up to one concept provided in this scope. • The roadway design and traffic professional design services assume the following: o The entrance/exit to the DPS will be from 100W. o A 4 -way stop will be designed for the intersection at 100W, Williams Way, and the new entrance/exit to the DPS. o The curb locations on 100W will not be modified. o The current entrance to the parking lot from Center Street will be removed and the existing curb cut removed. • The City will take the lead on all property control and acquisition conversations and negotiations with adjacent property owners. Schedule This proposal is made in anticipation of conditions permitting continuous and orderly progress through completion of the services and assumes that notice to proceed is received by October 25, 2019. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. Kimley-Horn will work with the City of Moab on a mutually agreed -to schedule based upon the following general understanding: Design Phase October 25, 2019 — July, 2020 Construction Bid October, 2020 A draft meeting schedule including assumptions on consultant attendees, upon which this proposal has been based, is attached in Appendix A. kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Kimley>>>Horn Fee and Expenses Kimley-Horn will perform the design services for the lump sum fee of $848,600. Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. All permitting, application, and similar project fees will be paid directly by the City. Payment will be due within 30 days of your receipt of the invoice and should include the invoice number and Kimley-Horn project number. Closure In addition to the matters set forth herein, our proposal is anticipated to be subject to an agreement based on the Client's modified terms and conditions, which we have mutually reviewed and modified. Kimley-Horn, in an effort to expedite invoices and reduce paper waste, submits invoices via email in an Adobe PDF format. We can also provide a paper copy via regular mail if requested. Please provide the following information: Please email all invoices to Please copy We will commence services only after we have received a fully -executed agreement and have been authorized to proceed by the Client. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact me if you have any questions. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. Ben. in J. Henderson, SE Project Manager Associate kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 645 4197 Kimley>»Horn APPENDIX A Month Meeting Attendees Topics November (tentatively Nov 13) Kick-off Meeting DAC Meeting KH Ben and Lynn JDE Bret Sorenson NWLA Terance White • General project overview, project priority discussion • General functional layout and structural systems, material/color palette, options for sustainability, prep for Community Open House Early -Dec (tentatively Dec 2-3) DAC Meeting Community Engagement Mtg KH • Ben and Lynn JDE Bret Sorenson NWLA Terance White • Review Community Open House material, review further refinement and conceptual costs of functional layout and structural system options • Further review Parksmart guided sustainability options and associated costs • Present material/color palette options and discuss parking structure height; looking for community preferences December (tentatively Dec 18) DAC Meeting KH Ben NWLA John Gibbons • Select preferred functional layout, structural system and sustainability options to include in the project • Review up to 3 aesthetic design options with conceptual costs; DAC to select 2 preferred options January DAC Meeting Community Engagement Mtg Site Plan Pre -Application Conference KH Ben and Lynn JDE Bret Sorenson NWLA Terance White • Review the further developed 2 preferred aesthetic design options, which will include the preferred functional layout, structural system, and sustainability options incorporated into the structure • Present 2 preferred aesthetic design options to the community for community preference • Attend site plan pre -application conference with the City February DAC Meeting KH Ben NWLA 1 attendee • Present community preferred aesthetic design option to DAC; DAC to select preferred option • Present findings of traffic study and recommendations March DAC Meeting KH Ben and Christine Herrick JDE Via Phone NWLA Via Phone • Review DD Documents • Review DD Opinion of Probable Construction Costs April DAC Meeting KH Ben • Agenda TBD May DAC Meeting Planning Commission Meeting KH Ben • Agenda TBD • Attend Planning Commission Meeting May (late) City Council Meeting KH Ben • Attend City Council Meeting June DAC Meeting KH Ben and Christine Herrick JDE Via Phone NWLA Via Phone • Review CD Documents • Review CD Opinion of Probable Construction Costs kimley-horn.com 767 Eustis Street, Suite 100, St. Paul, MN 55114 651 6454197 Kimley-Horn Downtown Parking Structure Design Fee / Cost Breakout 10/16/2019 Firm Task Fee Reimbursable Costs Kimley-Horn Project Management $70,000 $19,100 Public Involvement $24,800 Structural / Parking $334,200 Landscape Architecture $41,500 Traffic $26,000 NWLA Architecture $131,900 $9,100 JDE Project Management $11,000 $2,800 Administrative / Mtgs $11,000 Site Civil / Roadway $47,000 Support to Concept Selection $5,000 Traffic --- Utilities $17,000 Property Control / ROW $9,000 Survey $10,000 VBFA Mechanical $3,200 Electrical $7,000 PV Study / Design $8,500 Plumbing $11,600 Fire Protection $6,900 Security $3,500 Geostrata Geotechnical $13,500 Raines Consulting Cost Estimating $25,000 Total: Grand Total: $817,600 $31,000 $848,600 1 Moab City Council Agenda Item Meeting Date: March 24, 2020 Title: Consideration of Proposed Resolution #05-2020 – Adopting the 2020-2024 Capital Improvement Project List Date Submitted: March 4, 2020 Presenter: Rachel Stenta, Finance Director Attachment(s): 1) Draft Resolution #05-2020 Background/Summary: At the City Council meeting on December 10, 2019, the City Council adopted Resolution #51-2019 – Adopting a Capital Projects Prioritization Matrix for the City of Moab. The Staff Capital Improvements Project (CIP) Committee has met for three sessions to apply the newly adopted matrix to identified Capital Projects and has compiled the attached rated and ranked Capital Improvements Project (CIP) list for Council review and adoption. The horizon of this CIP list is one to four years. Projects were rated beyond that horizon, however staff felt that a four year horizon was the maximum that should be addressed in this year’s process. This list is not inclusive of all identified Capital Projects – it represents those projects identified as critical to complete in the one to four year time frame. The CIP list should be updated and presented to Council annually for adoption which will begin to capture longer horizon projects. Once this initial list is approved by City Council, staff can begin the process of preparing project budgets, identifying funding sources, prioritizing funding needs and then draft and present a Capital Improvements Budget (CIB) and a Capital Improvements Financing Plan to City Council – including a debt service forecast worksheet. Please note that inclusion of any of these projects in the budget will depend on the following: • Availability of grant funding or other non-debt funding sources • Availability of Cash for Pay-as-you-go projects • Assessment of debt capacity for each existing revenue source • Exploration of new revenue sources to expand debt capacity • Ability of staff to manage and complete projects • Council approval of project budgets Given our budget constraints for the ensuing Fiscal Year, the only capital projects that I anticipate presenting in our FYE 21 proposed budget will be those with the highest proportion of outside, non-debt funding. We do not have capacity for new debt and very limited cash for capital projects at this time. 2 The Citywide proposed Capital Projects for FYE 21 are: Project name: Condition of funding: Kane Creek Road Construction If FLAP funding is approved Walnut Lane Housing Project If grant or other outside funding is secured Downtown Parking Structure 100% outside funding is already secured Water Tank If CIB awards 100% grant As previously discussed, the prioritization of capital projects is crucial to the financial process of analyzing the annual debt repayment limit of the municipality and other resource constraints. It is recommended that all proposed capital projects be assessed using the Capital Projects Prioritization Matrix accompanied with a supplementary financial analysis to determine the specific impact the project will have on tax revenue allocations, user fees and the municipal tax rate, if applicable. This will assist Council with an understanding of how a specific project ranks in relation to other capital projects and the direct financial impact its implementation will have on residents. Staff requests that the Council evaluate the prioritized project list and formally adopt it, allowing staff to move forward with pursuing funding and financing resources. Thank you for your consideration. Capital Projects Prioritization Matrix Criteria Category Description Possible Score Project Category 5 categories of projects that support different classifications of projects which vary depending on importance and impact to the public 20% Multiple Improvements The project will coordinate upgrades to existing infrastructure 10% Strategic/Sustainability Alignment The project’s alignment with strategic/sustainability goals as set out in a departmental Master or Strategic Plan and/or Sustainability Plan 15% Risk Assessment The extent to which the project will address/mitigate risk to public health and/or occupational health and safety 15% Financing 20% Cost/Benefit (payback) includes legacy costs, operational costs and energy savings costs Project will generate cost savings and/or revenue enhancements that will provide a positive return on investment (ROI) 10% Service Levels Impact on the service levels to the public as a result of the project 10% Total: 100% Resolution #05-2020 Page 1 of 2 RESOLUTION # 05-2020 A RESOLUTION ADOPTING THE 2020-2024 CAPITAL IMPROVEMENT PROJECT LIST WHEREAS, the Prioritization of capital projects for the City of Moab (“City) is crucial for long term capital planning as well as the financial process of analyzing the annual debt repayment limit of the City and other resource constraints; and WHEREAS, the purpose of the Capital Improvements Plan (CIP) is to plan for and prioritize public improvements in the short and long term; and WHEREAS, the Staff Capital Improvements Projects Committee has met and reviewed thoroughly the identified Capital Improvements and has made revisions and prioritized the projects utilizing the adopted Capital Projects Prioritization Matrix; and WHEREAS, the 2020-2024 Capital Improvement Project List identifies specific projects and their estimates for consideration and approval by the Governing Body; and WHEREAS, for purposes of planning and allocating resources the Governing Body should consider and approve the Capital Improvement Project List; and WHEREAS, the Governing Body will be presented with a Capital Improvements Budget (CIB) containing specific budgets for each project for consideration and approval prior to the FYE 2021 budget adoption; and WHEREAS, it is the intent of the Governing Body that funds for projects will require subsequent approval by the Governing Body. NOW, THEREFORE BE IT RESOLVED THAT: 1. The Governing Body finds that the improvements described are necessary to serve the public interest. 2. The Capital Improvements Project List shall be updated and presented for Governing Body approval annually. 3. All project budgets will require Governing Body approval prior to expenditure of any CIP related funds. 4. The Governing Body approves the attached Capital Improvements Project List. 5. This Resolution shall become effective upon passage and approval by the Governing Body. PASSED AND ADOPTED in open Council by a majority vote of the Governing Body of the City of Moab this 24th day of March, 2020. Emily S. Niehaus Mayor ATTEST: Sommar Johnson City of Moab Resolution #05-2020 Page 2 of 2 FYE 2021-2024 - Capital Improvements Project List Project Score (100) Cost Estimate Priority 1-2 Years Priority 3-4 Years Kane Creek Road Reconstruction 80 $2,132,807.00 $2,132,807.00 Walnut Lane Housing Project 78.5 $10,000,000.00 $10,000,000.00 Downtown Parking Structure 77 $8,300,000.00 $8,300,000.00 100 South Green Infrastructure Improvements Project 75 $1,900,000.00 $1,900,000.00 South Trunk Line Phase 1 72.5 $5,000,000.00 $5,000,000.00 100 West Roundabout 72.5 $1,107,000.00 $1,107,000.00 400 East Construction 71 $1,693,118.58 $1,693,118.58 Develop Water Source Redundancy 70 $2,265,000.00 $2,265,000.00 Water Tank 70 $3,428,000.00 $3,428,000.00 Walnut Lane Storm Water Connection 64.5 $1,000,000.00 $900,000.00 Public Works Facility 62.5 $9,500,000.00 More than five years Ball Fields Redevelopment 59.5 $500,000.00 $300,000.00 Public Works Facility Mitigation 58.5 $125,000.00 $125,000.00 Mill Creek Drive Water Line 58.5 $1,700,000.00 $1,700,000.00 100 West Construction 58.5 $1,247,936.00 $1,247,936.00 400 East Bridge Widening (over Pack Creek) 58.5 $740,000.00 $740,000.00 Old City Park Redevelopment 58 $400,000.00 $400,000.00 South Trunk Line Phase 2 53.5 $6,046,110.00 More than five years Mill Creek Stream Bank Stabilization 52.5 $350,000.00 $350,000.00 Outfall Pipe 48.5 $953,442.00 More than five years Center Street Gym Replacement 33.5 $5,250,000.00 More than five years Swanny and Lions Parks Upgrades 33 $300,000.00 $300,000.00 Emma Blvd Dispersed Parking/Minnie Lee Paving Improvements 28 $650,000.00 $350,000.00 Rainbow Drive - Paving 28 $225,000.00 $225,000.00 Pear Tree Lane - Paving 19 $475,000.00 More than five years City Center 9 $2,100,000.00 More than five years Totals: $67,388,413.58 $34,522,807.00 $7,941,054.58 1 Moab City Council Agenda Item Meeting Date: March 24, 2020 Title: Approval of Proposed Resolution #08-2020 – Designating Depositories for Moab City Funds Date Submitted: February 28, 2020 Presenter: Rachel Stenta, Finance Director Attachment(s): 1) Draft Resolution #08-2020 Background/Summary: From time to time it is necessary to update the authorized staff members on our banking accounts to approve disbursements. Each disbursement (check) requires two cross- check signatures, one from the Treasurer’s office and one from the Recorder’s office. It’s necessary to designate alternates to fill in on either side (but not both sides) if one office is understaffed and unavailable to sign checks. During those absences, the alternates would be the City Manager or the Assistant City Manager. This resolution updates our Wells Fargo account with new staff in the Treasurer and Administration departments. The second part of the resolution adds a backup to our Public Treasurers Investment Fund (PTIF) account to transfer money into our Wells Fargo account during the unlikely event of the combined absence of our Assistant City Treasurer and City Manager. Personnel accessing this account can only transfer money between the PTIF account and our Wells Fargo account – the only account that is authorized for fund transfers. Thank you and please let me know if you have any questions. Resolution #08-2020 Page 1 of 1 RESOLUTION #08-2020 A RESOLUTION DESIGNATING DEPOSITORIES FOR MOAB CITY FUNDS Wells Fargo Bank 4 North Main Street Moab, Utah 84532 WHEREAS, at a Regular Meeting of the Moab City Council of the City of Moab, held on the 10th day of March, 2020, at which a quorum was present, the following officers were duly appointed for the ensuing year and until their successors shall be appointed and shall have qualified; to have signature authority for Moab City Corporation at the above mentioned financial institutions which hold city (public) funds: Assistant City Treasurer, Marcy Mason Treasurer Billing Clerk, Joana Fry City Recorder, Sommar Johnson Deputy Recorder, Kerri Kirk City Manager, Joel Linares Assistant City Manager Carly Castle NOW THEREFORE, BE IT RESOLVED, THAT under the rules of the City of Moab, any funds deposited to its credit with Wells Fargo Bank of Moab may be withdrawn by the combined signatures of one (1) of the Recorder or Deputy Recorder and any one (1) Assistant City Treasurer or Billing Clerk who are authorized to endorse and sign checks, drafts, and orders for payment of money in accordance with signature cards accompanying this authorization. In the absence of either both the Recorder and Deputy Recorder or both the Treasurer or Deputy Treasurer, the above mentioned City Manager or Assistant City Manager shall be authorized to endorse and sign checks, drafts, and order for payment of money in accordance with signature cards accompanying this authorization by the combined signatures of one (1) Recorder or Deputy Recorder or (1) Treasurer or Deputy Treasurer and one (1) City Manager or Assistant City Manager. PASSED, ADOPTED, APPROVED AND EFFECTIVE this 24th day of March, 2020 in open Council at Moab, Utah. Approved:_____________________ Emily Niehaus Mayor Attest: _________________________________ Sommar Johnson City Recorder