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Notice is hereby given that the South Ogden City Council will hold a Special City Council Meeting,
Monday, July 10, 2017, beginning at 10:00 am in the Council Chambers located at 3950 So. Adams Avenue,
South Ogden, Utah. Any member of the council may be joining the meeting electronically.
A. Call to Order – Mayor James F. Minster
B. Prayer/Moment of Silence -
C. Pledge of Allegiance – Council Member Brent Strate
A. Advice and Consent of the Appointment of Jeannine Teel as South Ogden City Treasurer
B. Approval of Business License for Pawn Shop Located at 3912 Washington Boulevard
A. Consideration of Resolution 17-27 – Approving an Agreement With Staker & Parsons
Construction for 37th Street Water Line Project
B. Consideration of Resolution 17-28 – Approving an Agreement for Construction of
Junior High Restroom
C. Consideration of Resolution 17-29 – Approving an Electronic Meeting Policy
D. Consideration of Resolution 17-30 – Ratifying the Approval of Agreement With
Horrocks Engineers for Environmental Documentation Services for 4500 South
Sidewalk Improvement Project
E. Ratifying All Decisions of Prior Meeting
A. Discussion on Transportation Fee/General Fund
Posted and emailed to the State of Utah Website July 7, 2017
The undersigned, duly appointed City Recorder, does hereby certify that a copy of the above notice and agenda was posted at the Municipal Center (1st and 2nd floors), on the City’s website (southogdencity.com) and emailed to the Standard Examiner on July 7, 2017. Copies were also
delivered to each member of the governing body.
____________________________________
Leesa Kapetanov, City Recorder
In compliance with the Americans with Disabilities Act, individuals needing special accommodations (including auxiliary communicative aids and
services) during the meeting should notify the City Recorder at 801-622-2709 at least 48 hours in advance.
FINAL ACTION MAY BE TAKEN ON ANY ITEM ON THIS AGENDA
Monday, July 10, 2017 – 10:00 am
E mdixon@southogdencity.com 3950 Adams Ave. Suite 1 SouthOgdenCity.com
O 801-622-2702 South Ogden City, UT 84403
F 801-622-2713
MEMORANDUM June 30, 2017
TO: Mayor and City Council
FROM: Matthew J. Dixon, City Manager
RE: July 06, 2017 Council Meeting
CONSENT AGENDA
Appointment of Jeannine Teel as South Ogden City Treasurer – Jeannine Teel comes to South
Ogden City with twenty years of experience in local government accounting and administration.
She’s worked since 1997 in Centerville City working with bank and financial statements, new hire
orientations, capital asset records management, accounts payable, etc. Jeannine is as pleasant as she
is qualified and we are excited to welcome her to the South Ogden team. Mayor Minster has
interviewed Jeannine and asks for the council’s consent in appointing Ms. Teel as the new
Treasurer of South Ogden. Jeannine will be in attendance and is excited to get to know each of you.
I’ve included a copy of Jeannine’s resume for your review.
Approval of Business License for Pawn Shop at 3912 Washington Blvd. – An application has been
received for a Pawn Shop Business License at 3912 Washington Blvd. This falls within the City
Center “Core” zone that allows Pawn Shops as a permitted use. Title 3, Chapter 6, Section 3
requires that applications for Secondhand Dealers, Junk Dealers and Pawnbrokers be submitted to
the City Council for approval or denial. Given that Pawn Shops are permitted within the City
Center “Core” zone and given that the applicant has properly submitted the required Business
License Application, staff recommends council approval of this business license.
DISCUSSION & ACTION ITEMS
Resolution 17-27 – Approving agreement with Staker Parsons Construction for 37th Street Water
Line Project – For several years the city has been seeking funding for this project. This project will
replace the water lines in 37th Street between Washington Blvd. to approximately Orchard, rebuild
the street, and complete some curb and gutter repairs. The water line portion of the project will be
paid for with Federal Community Development Block Grant (CDBG) funds. The city received four
bids for this project. Bids ranged from $825,720 to $1,158,309.50. In addition to the water line and
street rebuild bids, the city asked that the contractors provide bids to construct new sidewalk along
E mdixon@southogdencity.com 3950 Adams Ave. Suite 1 SouthOgdenCity.com
O 801-622-2702 South Ogden City, UT 84403
F 801-622-2713
the north side of the street. This would add an additional $113,085 to the project. Construction will
begin in July and it is estimated the project will take 12 to 14 weeks to complete. The breakdown of
the project is as follows:
o Rebuild street and some curb and gutter - $546,484 (City Class C funds)
o Replace water line - $166,151 (CDBG funding)
o Build new sidewalk on north side of 37th Street - $113,085 (City Prop. 1 monies, optional)
Resolution 17-28 – Approving an agreement for construction of restroom facility at South Ogden
Jr. High – Staff received one bid for this project and is working on analyzing the bid. The concern
is that the bid came in much higher than expected. If this gets resolved prior to the council meeting,
staff may have a recommendation for the council, otherwise, staff will ask that this item be tabled
for further review and work.
Resolution 17-29 – Approving an Electronic Meeting Policy – State law requires that prior to
allowing members of a public body to attend a council, board, commission meeting via electronic
means (i.e. telephone, skype, etc.) the city must adopt an Electronic Meetings Policy. This
resolution establishes such a policy and will allow members of a public body to request attendance
to a meeting electronically within three days of the meeting. The purpose for missing must be based
on an emergency or other condition that prohibits physical attendance at the meeting. Each member
of the body is limited to two meetings per year they are allowed to attend electronically. These
requests must be made to and approved by the mayor. This is a great use of modern technology to
allow those serving the community on boards and councils the ability, if necessary, to attend
meetings electronically. Staff recommends approval of this policy.
Resolution 17-30 – Ratifying approval of agreement with Horrocks Engineering for Environmental
Documentation Services for 4500 South Sidewalk Project – Like other federally funded projects,
the 4500 South Sidewalk Project requires that the city complete an environmental document.
Funding for the project begins July 1 and city staff solicited a proposal for the environmental work
from Horrocks Engineering. You may recall that Horrocks was the firm that completed the
environmental work on the 40th Street project and staff is confident they will do a great job for this
project. Given the late funding (July 1) of this project and given the desire to try and get the project
completed as soon as possible, staff polled the council and asked if the council was comfortable
allowing the environmental work to get started, rather than lose a week of work waiting for the next
council meeting. Staff received confirmation from three council members that we could award the
contract to Horrocks to get started. This resolution is to ratify the decision to award the contract.
Ratification of all decisions from prior meeting – This agenda item is to simply ratify the decisions
from the council’s June 20 meeting during which, at times, Mayor Minster and council member
Strate attended the meeting via electronic means. All that is necessary is for the council to motion
to ratify all decisions made during the June 20, 2017 council meeting and work session and vote to
approve.
6/29/2017 Sterling Codifiers, Inc.
http://www.sterlingcodifiers.com/codebook/index.php?book_id=424 1/1
3-6-3: APPLICATION, APPROVAL:
All applications for a license to carry on the business of a pawnbroker, secondhand dealer or junkdealer shall be submitted to the city council. The city council has the authority to grant or deny thelicense. In the event of a denial, the applicant may appeal the denial to the district court. (Ord. 685, 2-16-1982; amd. 2001 Code)
COMMBtCIAL BUSINESS APPUCATIONA: 3950 S Adams Are O: 801-622-2717 F: 801-622-2718 E: LSimtli@soudiogdencily.coin
State Sales Tax # _l4444540=004=stc(ir Applicable/Please attach a copy of your certificate)
Federal EIN# 82-1468240
Office use only
License #.
Zoning(If you have employees;
State Business Entity/Regi.stratioii #.
Public Safety.
Healtti Dept._
(All businesses doing busines.s under an assumed name [DBA] must have entity #)
State License #
(If your professions is monitored by the state i.e. attorney, bank, barber, chiixipractor. CNM, contractor,co.smetologist, counselor, CPA, dental hygienist, dentist, engineer, massage tlierapist, mortgagecompany, nail tech, nui-se, PA-C, pharmacist, physical ihempist, physician, podiatrist, etc.)
Date your business is pianning to open 07, 2017
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Name ol' BttSmc&'S Hv & Mike's of South Qgde
Registered name, if different
Business Address 3312JflfasJiin^ South Ogden UT Zip 8440^
Phone # «msiA17fi7 E-Mail Acldiess showelKghyandmikes.net
Mailing Address, if different
Citv
(Where you want your license and renewal forms mailed)„ State Zip Code
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Names of
Phone#8018141262
Cofpy and Stpphanip Howell(Attach sheet if needed)
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Brief Description of Business: __EawaSbop-
1
Subject: 37th Street Road/CDBG Waterline project Author: Jon Andersen Department: Public Works Date: July 6, 2017
Recommendation
City staff is recommending the approval of the bid award for the 37th road/CDBG waterline
replacement project to the low bidder Staker & Parsons Companies
Background
This project was recommend a few years ago but was held back due to some possible
funding that could be awarded to the City for the waterline portion through a CDBG grant.
It will be a complete rebuild of that section of road. A waterline from Washington up 37th
East to approximately Orchard will be installed. All services along the stretch of waterline
will be replaced too. Construction will start at Washington BLVD on 37th and go East to
Orchard. The contractor will have to stabilize the surface underneath before putting down
the new asphalt. Construction will start in July depending on the contractor’s ability to start
the project. The project bid was opened on June 28, 2017
Analysis
This portion of road is failing due to bad soil underneath the current layer of asphalt. City
crews have identified this road to be completed due to the condition of the road. The
project will take 12-14 weeks to complete. We had four contractors bid the project, the
price ranges from $825,720.00 to $1,158,309.50. This bid is to rebuild the road and some
minor concrete replacement (curb & gutter) $659,569.00, new side walk along the North
side $113,085.00, and the waterline is approximately $166,151.00.
Significant Impacts
The 37th project will be paid from the Class C bond monies and the water line portion will
be funded by a CDBG grant for up to $204,500. The cost of the project will range for
$712,635.50-$825,720.50 depending on if the Mayor & City Council decide to have the new
sidewalks installed.
Attachments
Bid Results
Letter form City Engineer
Notice of Award
Notice to Proceed
City Council Staff Report
NOTICE TO PROCEED
DATED
TO: Staker & Parson Companies
ADDRESS: 2350 South 1900 West, Ogden, UTAH 84401
PROJECT: 37TH Street Reconstruction Project & Culinary Waterline Replacement CDBG Project
You are notified that the Contract Times under the above contract will commence to run on
. By that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 4 of the Agreement the date of Completion is on, or before
. Thereafter, liquidated damages will be assessed at the rate of $200.00 per
calendar day.
Before starting any Work at the Site, you must provide certificates of insurance to the owner, as required
by the Supplementary Conditions. Also, you must notify the City’s designated Public Works Inspector, prior
to commencement of construction activities.
South Ogden City Corporation (OWNER)
(AUTHORIZED SIGNATURE)
(TITLE)
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Resolution No. 17-27
RESOLUTION OF SOUTH OGDEN CITY APPROVING AN AGREEMENT
WITH STAKER & PARSONS CONSTRUCTION FOR 37TH STREET WATER LINE PROJECT, AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE IMMEDIATELY UPON POSTING AND FINAL
PASSAGE.
WHEREAS, the City Council finds that the City of South Ogden ("City") is a municipal corporation duly organized and existing under the laws of Utah; and,
WHEREAS, the City Council finds that in conformance with Utah Code (“UC”) § 10-3-717
the governing body of the city may exercise all administrative powers by resolution including, but not limited to regulating the use and operation of municipal property and programs; and,
WHEREAS, the City Council finds it necessary to address certain water line needs within the city; and,
WHEREAS, the City Council finds that the city staff recommends that the city contract with Staker & Parsons Construction for the installation and completion of 37th Street Water Line Project; and,
WHEREAS, the City Council finds that Staker & Parsons Construction has the professional
ability to provide for these services to meet the city’s needs; and, WHEREAS, the City Council finds that City now desires to further those ends by
contracting with Staker & Parsons Construction to provide such services; and, WHEREAS, the City Council finds that the public convenience and necessity requires the
actions contemplated, NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
SOUTH OGDEN AS FOLLOWS:
SECTION II - CONTRACT AUTHORIZED
That The "Contract Agreement” For The 37th Street Water Line Project, Attached Hereto As Attachment "A" And By This Reference Fully Incorporated Herein, Is Hereby Approved And Adopted; And That The City Manager Is Authorized To More Fully Negotiate Any Remaining Details Under The Agreement On Behalf Of The City And Then To Sign, And The City Recorder Authorized To Attest, Any And All Documents Necessary To Effect This Authorization And Approval.
SECTION III - PRIOR ORDINANCES AND RESOLUTIONS
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The body and substance of all prior Resolutions, with their provisions, where not otherwise in conflict with this Resolution, are reaffirmed and readopted. SECTION IV - REPEALER OF CONFLICTING ENACTMENTS
All orders, and Resolutions regarding the changes enacted and adopted which have been adopted by the City, or parts, which conflict with this Resolution, are, for such conflict, repealed, except this repeal shall not be construed to revive any act, order or resolution, or part repealed.
SECTION V - SAVINGS CLAUSE
If any provision of this Resolution shall be held or deemed or shall be invalid, inoperative or unenforceable such shall not have the effect of rendering any other provision or provisions invalid, inoperative or unenforceable to any extent whatever, this Resolution being deemed the separate independent and severable act of the City Council of South Ogden City. SECTION VI - DATE OF EFFECT This Resolution shall be effective on the 6th day of July, 2017, and after publication or posting as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF SOUTH OGDEN CITY, STATE OF UTAH, on this 6th day of July, 2017.
SOUTH OGDEN CITY
_____________________
James F. Minster Mayor ATTEST: ______________________ Leesa Kapetanov, CMC City Recorder
ATTACHMENT "A"
Resolution No. 17-27
Resolution Of South Ogden City Approving An Agreement With Staker & Parsons
Construction For 37th Street Water Line Project, And Providing That This Resolution Shall Become Effective Immediately Upon Posting And Final Passage.
06 Jul 17
[Attachment to be provided by Public Works]
CONTRACT AGREEMENT
THIS AGREEMENT is by and between SOUTH OGDEN CITY CORPORATION (hereinafter called OWNER) and Staker &Parson Companies (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenantshereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally describedas follows:
The work consists of reconstruction 7,400 s.y. of road surface including: removal of existing asphalt, road baseand unsuitable sub-grade material; installation and compaction of granular barrow, untreated base course, andasphalt; lowering and raising manholes and valve boxes; removal and replacement of 1,400 l.f. of curb andgutter, 16 pedestrian access ramps . The work performed shall also consist of the removal and replacement ofan existing culinary waterline including valves, service laterals, water meters and connections to existing watermains as well as furnishing and constructing all other related items and appurtenances as directed in theContract Documents.
ARTICLE 2 - THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generallydescribed as follows:
37th STREET RECONSTRUCTION PROJECT AND CULINARY WATER REPLACEMENT CDBG PROJECT
ARTICLE 3 - ENGINEER
3.01 The Project has been designed by Wasatch Civil Consulting Engineering, who is hereinafter called ENGINEERand who is to act as OWNER's representative, assume all duties and responsibilities, and have the rights and authorityassigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance withthe Contract Documents.
ARTICLE 4 - CONTRACT TIMES
4.01 Time of the Essence: All time limits for completion and readiness for final payment as stated in the ContractDocuments are of the essence of the Contract.
4.02 Dates for Completion and Final Payment: The Work specified in the Contract Documents shall be completedwithin 90 days following the Notice to Proceed.
4.03 Liquidated Damages: CONTRACTOR and OWNER recognize that time is of the essence of this Agreement andthat OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above,plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognizethe delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered byOWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, O W N E R a n dCONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER$200.00 for each day that expires after the time specified in paragraph 4.02 for completion until the Work is accepted.
ARTICLE 5 - CONTRACT PRICE
Page 1 of 8
5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents anamount in current funds equal to the sum of the amounts determined pursuant to the paragraph below:
For all Unit Price Work, an amount equal to the sum of the established unit price for each separatelyidentified item of Unit Price Work times the actual quantity of that item as measured in the field.
UNIT PRICE WORK
No. Item Quantity Unit Unit Price Amount
SCHEDULE A - 37TH STREET ROADRECONSTRUCTION PROJECT
A1Remove & Dispose of Full Width and Depth ofExisting Asphalt (Approx. 3" Thickness):
675 C.Y. $21.00 $14,175.00
A2Remove & Dispose of Existing UnsuitableSubgrade Material:
6,230 C.Y. $14.00 $87,220.00
A3 Furnish & Install Hot Mix Asphalt (H.M.A.): 1,375 Tons $63.15 $86,831.25
A4Furnish & Install Untreated Base Course (RoadSection Only):
2,575 Tons $18.15 $46,736.25
A5Furnish & Install 3" Minus Crushed GranularBarrow (Road Section Only):
7,600 Tons $15.70 $119,320.00
A6Furnish & Install Geotextile Fabric (Mirafi 600x orEqual):
8,000 S.Y. $1.10 $8,800.00
A7Remove & Dispose of Existing Storm Drain Clean-out Box. Furnish & Install New 2'x3' Clean-outBox w/Traffic Rated Cover:
2 Each $2,689.00 $5,378.00
A8Furnish & Install 2'x3' Storm Drain Clean-outw/Solid Cover on Existing Storm Drain Pipe:
1 Each $2,106.00 $2,106.00
A9Remove & Replace Existing Catch Basin Frame,Grate and Concrete Apron (Box to Remain):
2 Each $2,476.00 $4,952.00
A10Remove Existing Catch Basin and Grade. Furnish& Install New Catch Basin Complex:
3 Each $3,056.00 $9,168.00
A11 Remove & Replace Existing Dip-Stone Outlet: 2 Each $6,404.00 $12,808.00
A12Pre-lower & Raise Manhole Ring and Cover toMatch New Finished Asphalt Elevation. ConstructConcrete Collar:
4 Each $642.00 $2,568.00
A13Remove Existing 3' Brick Manhole Grade Ring.Replace w/Concrete Grade Ring (w/Step):
1 Each $1,177.00 $1,177.00
A14Remove Existing 1' Brick Manhole Grade Ring.Replace w/Concrete Grade Ring:
2 Each $800.00 $1,600.00
A15Remove & Replace Existing 12" Storm Drain Pipew/New 12" Class 51 Ductile Iron Pipe:
210 L.F. $123.00 $25,830.00
A16Remove & Replace Existing Concrete Curb andGutter (Various Locations):
1,440 L.F. $38.90 $56,016.00
A17Remove & Replace Existing 4" Thick ConcreteSidewalk (Various Locations):
348 L.F. $32.00 $11,136.00
Page 2 of 8
A18Remove Existing Ramp. Furnish & Install NewPedestrian Access Ramp:
12 Each $2,052.00 $24,624.00
A19Remove Existing Concrete Waterway. Furnish &Install New Concrete Waterway:
1,220 S.F. $15.10 $18,422.00
A20Furnish & Install Landscaping, Sod & SprinklerRepair:
1,400 S.F. $2.70 $3,780.00
A21Furnish &: Install Storm Water BMPs and complywith the requirements of the Site Storm WaterPollution Prevention Plan:
1 L.S. $3,837.00 $3,837.00
TOTAL OF SCHEDULE A: $546,484.50
SCHEDULE B - CULINARY WATERLINEREPLACEMENT CDBG PROJECT:
B1Furnish & Install 8" Diameter C900 DR 18 PVCPipe:
1,110 L.F. $38.60 $42,846.50
B2Remove & Dispose of Existing Valve, Valve Boxand Concrete Collar:
7 Each $1,184.00 $8,288.00
B3Furnish & Install 8" Gate Valve, Valve Box andConcrete Collar:
3 Each $2,062.00 $6,186.00
B4 Furnish & Install 8" x 6" D.I. M.J. Reducer: 3 Each $415.00 $1,245.00
B5Furnish & Install 8" x 6" D.I. M.J. 45 DegreeBend:
6 Each $404.00 $2,424.00
B6 Furnish & Install 6" Transition Coupler: 3 Each $1,350.00 $4,050.00
B7 Furnish & Install Connection Detail “A”: 2 L.S. $8,310.00 $16,620.00
B8 Furnish & Install Connection Detail “B”: 1 L.S. $8,581.00 $8,581.00
B9Remove & Replace Existing Fire HydrantAssembly:
2 Each $6,607.00 $13,214.00
B10Remove & Replace Existing 3/4" Culinary Service(Short Side):
3 Each $1,099.00 $3,297.00
B11Remove & Replace Existing 3/4" Culinary Service(Long Side):
3 Each $2,268.00 $6,804.00
B12Remove & Replace Existing 2" Culinary Serviceand Shut-off Valve:
1 Each $5,216.00 $5,216.00
B13Remove Existing Water Meter Box and Cover.Furnish & Install New Meter Box, Cover andSetter for 3/4" Service:
6 Each $1,269.00 $7,614.00
B14Remove Existing Water Meter Box and Cover.Furnish & Install New Meter Box, Cover andSetter for 2" Service:
1 Each $3,733.00 $3,733.00
B15Construct Concrete Plugs at Open Ends ofAbandoned Water Main:
30 Each $250.00 $7,500.00
B16Furnish & Install 3" Minus Imported GranularTrench Backfill Between the Pipe Zone andSubgrade Elevation:
900 Tons $21.05 $18,945.00
Page 3 of 8
B17Remove & Replace Existing Concrete SidewalkFollowing Water Meter Installation (if required);
24 L.F. $37.00 $888.00
B18Remove & Replace Existing Concrete Curb andGutter Following Water Meter Installation (ifrequired):
40 L.F. $42.00 $1,680.00
AltB19
Furnish & Install 8" Waterline Utility Loop: 1 L.S. $7,020.00 $7,020.00
TOTAL OF SCHEDULE B: $166,151.00
TOTAL OF SCHEDULES A AND B (includingalternate bid items):
$712,635.50
TOTAL OF ALL UNIT PRICES SEVEN HUNDRED TWELVE THOUSAND SIX HUNDRED THIRTY FIVEDOLLARS AND 50/100 ($712,635.50).
As provided in paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, anddeterminations of actual quantities and classifications are to be made by ENGINEER as provided in paragraph 9.08 ofthe General Conditions. Unit prices have been computed as provided in paragraph 11.03 of the General Conditions.
ARTICLE 6 - PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments: CONTRACTOR shall submit Applications for Payment in accordancewith Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided inthe General Conditions.
6.02 Progress Payments; Retainage: OWNER shall make progress payments on account of the Contract Price on thebasis of CONTRACTOR's Applications for Payment on or about the 15th day of each month during performance ofthe Work as provided in paragraphs 6.02.A. 1 and 6.02.A.2 below. All such payments will be measured by the scheduleof values established in paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work, based on thenumber of units completed) or, in the event there is no schedule of values, as provided in the General Requirements:
1. Prior to Completion, progress payments will be made in an amount equal to the percentage indicated belowbut, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER maydetermine or OWNER may withhold, in accordance with paragraph 14.02 of the General Conditions:
A. 95% of Work completed (with the balance being retained). If the Work has been 50% completed asdetermined by ENGINEER, and if the character and progress of the Work have been satisfactory toOWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long asthe character and progress of the Work remain satisfactory to them, there will be no retainage on accountof Work subsequently completed, in which case the remaining progress payments prior to SubstantialCompletion will be in an amount equal to 100% of the Work completed less the aggregate of paymentspreviously made; and
B. 25% of cost of materials and equipment not incorporated in the Work (with the balance being retained).
2. Upon Completion, OWNER shall pay an amount sufficient to increase total payments to CONTRACTOR to100% of the Work completed, less such amounts as ENGINEER shall determine in accordance with paragraph14.02.B.5 of the General Conditions.
Page 4 of 8
6.03 Final Payment: Upon final completion and acceptance of the Work in accordance with paragraph 14.07 of theGeneral Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as providedin said paragraph 14.07.
ARTICLE 7 - INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of 1% per annum.
ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS
8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:
A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related dataidentified in the Bidding Documents.
B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Siteconditions that may affect cost, progress, and performance of the Work.
C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations thatmay affect cost, progress, and performance of the Work.
D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at orcontiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurfacestructures at or contiguous to the Site (except Underground Facilities) which have been identified in theSupplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawingsof a Hazardous Environmental Condition, if any, at the Site which has been identified in the SupplementaryConditions as provided in paragraph 4.06 of the General Conditions.
E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) alladditional or supplementary examinations, investigations, explorations, tests, studies, and data concerningconditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost,progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences,and procedures of construction to be employed by CONTRACTOR, including applying the specific means ,methods, techniques, sequences, and procedures of construction, if any, expressly required by the ContractDocuments to be employed by CONTRACTOR, and safety precautions and programs incident thereto
F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies,or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and inaccordance with the other terms and conditions of the Contract Documents.
G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Sitethat relates to the Work as indicated in the Contract Documents.
H. CONTRACTOR has correlated the information known to CONTRACTOR, information and obs ervationsobtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additionalexaminations, investigations, explorations, tests, studies, and data with the Contract Documents.
I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies thatCONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEERis acceptable to CONTRACTOR.
Page 5 of 8
J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms andconditions for performance and furnishing of the Work.
ARTICLE 9 - CONTRACT DOCUMENTS
9.01 Contents:
A. The Contract Documents consist of the following:
1. This Agreement;
2. Performance Bond;
3. Payment Bond;
4. Bid Bonds;
5. Engineering General Conditions noted as EJCDC No. 1910-8 (1996 Edition);
6. Supplementary Conditions;
7. Federal Labor Standard Provisions (Culinary Water Replace Portion Only);
8. Specifications as listed in the table of contents of the Project Manual;
9. Bid Form;
10. Drawings as listed in the table of contents of the Project Manual;
11. Addenda Nos. N/A ;
12. Exhibits this Agreements;
1. Notice to Proceed;2. CONTRACTOR’s Bid;3. Documentation submitted by the CONTRACTOR prior to the Notice of Award;
13. The following which may be delivered or issued on or after the Effective Date of the Agreement andare not attached hereto:
Written Amendments;Work Change Directives;Change Order(s).
B. The documents listed in paragraph 9.01 A are attached to this Agreement (except as expressly notedotherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in paragraph 3.05of the General Conditions.
Page 6 of 8
ARTICLE 10 - MISCELLANEOUS
10.01 Terms: Terms used in this Agreement will have the meanings defined by Engineers Joint Contract DocumentsCommittee STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT (EJCDC No. 1910-8(1996 Edition)).
10.02 Assignment of Contract: No assignment by a party hereto of any rights under or interests in the Contract will bebinding on another party hereto without the written consent of the party sought to be bound; and, specifically but withoutlimitation, moneys that may become due and moneys that are due may not be assigned without such consent (except tothe extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in anywritten consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibilityunder the Contract Documents.
10.03 Successors and Assigns: OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, andlegal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect toall covenants, agreements, and obligations contained in the Contract Documents.
10.04 Severability: Any provision or part of the Contract Documents held to be void or unenforceable under any Lawor Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding uponOWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such s trickenprovision or part thereof with a valid and enforceable provision that comes as close as possible to expressing theintention of the stricken provision.
Page 7 of 8
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterparteach has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signedor identified by OWNER and CONTRACTOR or on their behalf.
This Agreement will be effective on , 2017, (which is the Effective Date of the Agreement).
OWNER: CONTRACTOR:
SOUTH OGDEN CITY CORPORATION STAKER & PARSON COMPANIES
By:____________________________________ By:_______________________________________
[CORPORATE SEAL] [CORPORATE SEAL]
Attest__________________________________ Attest__________________________________
Address for giving notices: Address for giving notices:
(If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign)
Designated Representative:
Name:__________________________________ Name:______________________________________
Title:___________________________________ Title:_______________________________________
Address:________________________________ Address:_____________________________________
Phone:__________________________________ Phone:______________________________________
Page 8 of 8
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Resolution No. 17-29
RESOLUTION OF SOUTH OGDEN CITY APPROVING AN ELECTRONIC
MEETING POLICY FOR CITY MEETINGS, AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE IMMEDIATELY UPON
POSTING AND FINAL PASSAGE.
WHEREAS, the City Council finds that the City of South Ogden ("City") is a municipal corporation duly organized and existing under the laws of Utah; and,
WHEREAS, the City Council finds that in conformance with Utah Code (“UC”) § 10-3-717
the governing body of the city may exercise all administrative powers by resolution including, but not limited to regulating the use and operation of municipal property and programs; and,
WHEREAS, the City Council finds it is necessary or desirable occasionally to convene a public meeting of the South Ogden City Council, Boards and Commissions ("Body") to permit one or more members to participate with a telephonic or telecommunications link or conference; and,
WHEREAS, the City Council finds that UC §52-4-207 requires the South Ogden City Council to establish written procedures governing electronic meetings and the City Council desires to do so; and,
WHEREAS, the City Council finds that flexibility is needed in situations involving
emergencies, loss of facilities, or other unforeseen circumstances that prevent Body members from attending to hold an electronic meeting to conduct the business of the City; and,
WHEREAS, the City Council finds that City now desires to further those ends by adopting
and establishing procedures governing electronic meetings of South Ogden City and, WHEREAS, the City Council finds that the public convenience and necessity requires the
actions contemplated, NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
SOUTH OGDEN AS FOLLOWS:
SECTION II - ELECTRONIC MEETING ATTENDANCE
Section 1. The terms defined or described in the recitals will have the same meanings when used in the body of this Resolution. The above recitals are fully incorporated.
Section 2. All prior actions heretofore taken (not inconsistent with this Resolution), by South Ogden City, its elected and appointed officers of the City, including but not limited to the South Ogden City Council, Boards and Commissions ("Body") members directed toward the calling and holding of
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electronic meetings are ratified, approved and confirmed, provided such actions conformed to the provisions herein.
Section 3. Any meeting of the Body may be called and held electronically provided such meeting is otherwise called in conformance with the Utah Open and Public Meetings Act found in Utah Code Title 52, Chapter 4, and consistent with the procedures set forth herein.
Section 4. The City main office is at 3950 South Adams Avenue, South Ogden, Utah and is where Body meetings would normally convene and will be the anchor location for all electronic Body meetings. The City finds that such chambers prove space and facilities so interested persons and the public may attend and monitor the open portions of meetings of the Body, whether such meeting is a public hearing or otherwise.
Section 5. A meeting may be held by using telephone conferencing to allow a member of the Body subject to the open meeting requirements of Utah to be present at a meeting and to provide a quorum. There will be a limit of only two electronic connections by telephone or other conferencing methodology at any meeting.
Section 6. To provide for electronic meeting attendance, public notice of such meeting must be given at least 24 hours before the meeting by (i) posting written notice at the anchor location; and (ii) providing written or electronic notice to (a) at least one newspaper of general circulation within the State and in the City; and (b) to a local media correspondent; and (c) the state's public notice website; and (iii) providing notice of the electronic meeting to the members of the council or board at least 24 hours before the meeting so they may participate in and be counted as present for all purposes, including the determination that a quorum is present; and (iv) providing a description to the members of the Body of how the members will be connected to the electronic meeting.
Section 7. A request for electronic meeting attendance made by a member of the council or board may be made up to three days, but not less than twenty-four hours, prior to the scheduled meeting to allow for arrangements to be made for the electronic meeting connection(s) and for the public notice provisions. The request must be due to an emergency or other condition that prohibits physical attendance at the meeting. Notwithstanding the foregoing, no member may attend more than two meetings per year electronically. Requests to attend meetings electronically must be made to and approved by the mayor or chairperson of the affected board or commission.
SECTION III - PRIOR ORDINANCES AND RESOLUTIONS
The body and substance of all prior Resolutions, with their provisions, where not otherwise in conflict with this Resolution, are reaffirmed and readopted. SECTION IV - REPEALER OF CONFLICTING ENACTMENTS
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All orders, and Resolutions regarding the changes enacted and adopted which have been
adopted by the City, or parts, which conflict with this Resolution, are, for such conflict, repealed, except this repeal shall not be construed to revive any act, order or resolution, or part repealed.
SECTION V - SAVINGS CLAUSE
If any provision of this Resolution shall be held or deemed or shall be invalid, inoperative or unenforceable such shall not have the effect of rendering any other provision or provisions invalid, inoperative or unenforceable to any extent whatever, this Resolution being deemed the separate independent and severable act of the City Council of South Ogden City. SECTION VI - DATE OF EFFECT This Resolution shall be effective on the 6th day of July, 2017, and after publication or posting as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF SOUTH OGDEN CITY, STATE OF UTAH, on this 6th day of July, 2017.
SOUTH OGDEN CITY
_____________________
James F. Minster Mayor ATTEST: ______________________ Leesa Kapetanov, CMC City Recorder
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Resolution No. 17-30
RESOLUTION OF SOUTH OGDEN CITY RATIFYING A PRIOR AGREEMENT WITH HORROCKS ENGINEERS FOR ENVIRONMENTAL DOCUMENTATION
SERVICES FOR 4500 SOUTH SIDEWALK IMPROVEMENT PROJECT, AND PROVIDING THAT THIS RESOLUTION SHALL BECOME EFFECTIVE
IMMEDIATELY UPON POSTING AND FINAL PASSAGE.
WHEREAS, the City Council finds that the City of South Ogden ("City") is a municipal corporation duly organized and existing under the laws of Utah; and,
WHEREAS, the City Council finds that in conformance with Utah Code (“UC”) § 10-3-717
the governing body of the city may exercise all administrative powers by resolution including, but not limited to regulating the use and operation of municipal property and programs; and,
WHEREAS, the City Council finds it necessary to address certain Sidewalk Improvement needs within the city; and,
WHEREAS, the City Council finds that the city staff recommends that the city contract with Horrocks Engineers for the completion of Environmental Documentation Services for 4500 South Sidewalk Improvement Project; and,
WHEREAS, the City Council finds that Horrocks Engineers has the professional ability to
provide for these services to meet the city’s needs; and, WHEREAS, the City Council finds that City now desires to further those ends by
contracting with Horrocks Engineers to provide such services; and, WHEREAS, the City Council finds that the public convenience and necessity requires the
actions contemplated, NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF
SOUTH OGDEN AS FOLLOWS:
SECTION II - CONTRACT AUTHORIZED
That The "Contract Agreement” For The Environmental Documentation Services for 4500 South Sidewalk Improvement Project, Attached Hereto As Attachment "A" And By This Reference Fully Incorporated Herein, Is Hereby Approved And Adopted; And That The City Manager Is Authorized To More Fully Negotiate Any Remaining Details Under The Agreement On Behalf Of The City And Then To Sign, And The City Recorder Authorized To Attest, Any And All Documents Necessary To Effect This Authorization And Approval.
SECTION III - PRIOR ORDINANCES AND RESOLUTIONS
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The body and substance of all prior Resolutions, with their provisions, where not otherwise
in conflict with this Resolution, are reaffirmed and readopted. SECTION IV - REPEALER OF CONFLICTING ENACTMENTS
All orders, and Resolutions regarding the changes enacted and adopted which have been adopted by the City, or parts, which conflict with this Resolution, are, for such conflict, repealed, except this repeal shall not be construed to revive any act, order or resolution, or part repealed.
SECTION V - SAVINGS CLAUSE
If any provision of this Resolution shall be held or deemed or shall be invalid, inoperative or unenforceable such shall not have the effect of rendering any other provision or provisions invalid, inoperative or unenforceable to any extent whatever, this Resolution being deemed the separate independent and severable act of the City Council of South Ogden City. SECTION VI - DATE OF EFFECT This Resolution shall be effective on the 6th day of July, 2017, and after publication or posting as required by law.
PASSED AND ADOPTED BY THE CITY COUNCIL OF SOUTH OGDEN CITY, STATE OF UTAH, on this 6th day of July, 2017.
SOUTH OGDEN CITY
_____________________
James F. Minster Mayor ATTEST: ______________________ Leesa Kapetanov, CMC City Recorder
ATTACHMENT "A"
Resolution No. 17-30
Resolution Of South Ogden City Ratifying A Prior Agreement With Horrocks Engineers For Environmental Documentation Services For 4500 South Sidewalk Improvement Project, And Providing That This Resolution Shall Become Effective Immediately Upon Posting And Final
Passage.
06 Jul 17
[Attachment to be provided by Public Works]
4500 South Sidewalks_Contract
Page 1 of 3CONSULTING SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this 14 day of June 2017, by and between
South Ogden City, hereinafter called "CLIENT" and HORROCKS ENGINEERS, INC., a Utah corporation,
hereinafter referred to as "CONSULTANT" hereby acknowledge and reduce in writing an AGREEMENT made on
or about the above date.
WHEREAS, the CLIENT recognizes the CONSULTANT as having the necessary expertise and experience to
perform the services for the PROJECT and that it is properly qualified and licensed as required for this work;
NOW, THEREFORE, CLIENT and CONSULTANT agree as follows:
CLIENT hereby hires CONSULTANT to provide professional and technical services for the following: for scope of
services see attached proposal letter dated June 12, 2017.
MONTHLY PROGRESS BILLINGS. For all services and
materials pertinent hereto the CONSULTANT shall submit a
monthly progress bill to the CLIENT.
PAYMENT TERMS. CLIENT agrees to make prompt
payments in response to CONSULTANT’s invoices.
CLIENT recognizes that late payment of invoices results in
extra expenses for CONSULTANT. CONSULTANT retains
the right to assess CLIENT interest at the rate of one
percent (1%) per month, on invoices which are not paid
within forty-five (45) days from the date of invoice.
CONSULTANT also reserves the right, after seven (7) days
prior written notice, to suspend performance of its services
under this AGREEMENT until all past due amounts have
been paid in full. CLIENT is hereby notified that
CONSULTANT will file Lien on CLIENT’s property if all
payments are not completed in full within 89 days after
completion of services.
DELAYS. The CONSULTANT is not responsible for
damage or delay in performance caused by events beyond
the control of CONSULTANT. In the event
CONSULTANT’s services are suspended, delayed, or
interrupted for the convenience of the CLIENT or delays
occur beyond the control of CONSULTANT, an equitable
adjustment in CONSULTANT’s time of performance, cost of
CONSULTANT’s personnel and subcontractors, and
CONSULTANT’s compensation shall be made.
ADDITIONAL SERVICES. Consulting services or items
which are not considered within the scope of work as set
forth in the attached proposal letter may be provided by the
CONSULTANT under an extension of this contract or under
separate contract with the CLIENT.
CLIENT-PROVIDED SERVICES AND INFORMATION.
The CLIENT shall furnish the CONSULTANT available
studies, reports, and other data pertinent to
CONSULTANT’s services; obtain or authorize
CONSULTANT to obtain or provide additional reports and
data as required; furnish to CONSULTANT services of
others as required for the performance of CONSULTANT’s
services hereunder, and CONSULTANT shall be entitled to
use and rely upon all information and services provided by
CLIENT or others in performing CONSULTANT’s services
under this AGREEMENT.
CLIENT-PROVIDED ACCESS. The CLIENT shall arrange
for access to and make all provisions for CONSULTANT to
enter upon public and private property as required for
CONSULTANT to perform services under this
AGREEMENT.
RE-USE OF DOCUMENTS. Documents, including
drawings and specifications, prepared by CONSULTANT
pursuant to this AGREEMENT are not intended or
represented to be suitable for reuse by CLIENT or others
on any other project. Any reuse of completed documents
or use of partially completed documents without written
verification or concurrence by CONSULTANT for the
specific purpose intended will be at CLIENT’s sole risk and
without liability or legal exposure to CONSULTANT; and
CLIENT shall indemnify and hold harmless CONSULTANT
from all claims, damages, losses, and expenses, including
attorney’s fees arising out of or resulting therefrom. Any
such certification or adaptation of completed documents will
entitle CONSULTANT to reasonable additional
compensation.
INSURANCE. The CONSULTANT maintains, at its own
expense, workers compensation, comprehensive general
liability, automobile liability, and professional liability
4500 South Sidewalks_Contract
Page 2 of 3insurance policies with limits at or above that which is
reasonably required in the industry and will, upon request,
furnish certificates of insurance to CLIENT.
SUCCESSORS AND ASSIGNS. CLIENT and
CONSULTANT, respectively, bind themselves, their
partners, successors, assigns, and legal representatives to
the covenants of this AGREEMENT. Neither CLIENT nor
CONSULTANT will assign, sublet, or transfer any interest in
this AGREEMENT without the written consent of the other.
SEVERABILITY. If any provision of this AGREEMENT is
held invalid or unenforceable, the remaining provisions
shall be valid and binding upon the parties. One or more
waivers by either party of any provision, term, or condition
shall not be construed by the other party as a waiver of any
subsequent breach of the same provision, term, or
condition.
LIMITATION OF LIABILITY. CONSULTANT’s potential
liability to CLIENT and others is grossly disproportionate to
CONSULTANT’s fee due to size, scope, and value of the
PROJECT. Therefore, unless CLIENT and CONSULTANT
otherwise agree in writing in consideration for an increase
in CONSULTANT’s fee, CLIENT agrees to limit
CONSULTANT’s liability to CLIENT to the greater of
$25,000.00 or the amount of CONSULTANT’s fee for any
loss or damage, including but not limited to special and
consequential damages arising out of or in connection with
the performance of services or any other cause, including
CONSULTANT’s professional negligent acts, errors, or
omissions, and CLIENT hereby releases and holds
harmless CONSULTANT from any liability above such
amount.
INDEPENDENT CONTRACTOR. CONSULTANT and
CLIENT agree that CONSULTANT is an independent
contractor. CONSULTANT shall be solely responsible for
the conduct and control of the work performed under this
AGREEMENT. CONSULTANT shall be free to render
consulting services to others during the term of this
AGREEMENT, so long as such activities do not interfere
with or diminish CONSULTANT’s ability to fulfill the
obligations established herein to CLIENT.
INDEMNIFICATION. Each party (the “indemnifying party”)
agrees to indemnify and hold harmless the other party and
any of its principals, agents, and employees, from and
against all claims, loss, liability, suits, and damages
including attorney’s fees, charges, or expenses to which
such other party or any of them may incur to the extent they
arise out of or result from any negligent act or omission
caused by the indemnifying party or its agents or
employees.
HAZARDOUS SUBSTANCE INDEMNIFICATION. With
respect to claims, damages, losses, and expenses which
are related to hazardous waste, pollutants, contaminants,
or asbestos on or about the CLIENT’s property, the CLIENT
shall, to the extent permitted by law and to the extent
CONSULTANT is not the cause of such waste, pollutants,
contaminants, or asbestos, indemnify, and hold harmless
CONSULTANT and its employees, subconsultants, or
agents from and against all such claims against
CONSULTANT related thereto.
CONTRACTOR’S SAFETY METHODS. CONSULTANT
shall not be responsible for the means, methods,
techniques, sequences, or procedures of construction
selected by contractors or the safety precautions and
programs incident to the work of contractors and shall not
be responsible for Contractor’s failure to carry out work in
accordance with the Contract Documents.
LIMITATION OF RIGHTS. The services to be performed
by CONSULTANT are intended solely for the benefit of the
CLIENT. Nothing contained herein shall confer any rights
upon or create any duties on the part of CONSULTANT
toward any person or persons not a party to this
AGREEMENT including, but not limited to, any contractor,
subcontractor, supplier, or the agents, officers, employees,
insurers, or sureties of any of them.
DISPUTE RESOLUTION. All disputes between
CONSULTANT and CLIENT, with the exception of non-
payment issues, shall first be subject to non-binding
mediation. Either party may demand mediation by serving
a written notice stating the essential nature of the dispute
and demanding that the mediation proceed within sixty (60)
days of service of notice. The mediation shall be
administered by the American Arbitration Association or by
such other person or organization as the parties may agree
upon. No action or suit may be commenced unless (1) the
mediation does not occur within ninety (90) days after
service of notice, (2) the mediation occurs within ninety (90)
days after service of notice but does not resolve the
dispute, or (3) a statute of limitation would elapse if suit was
not filed prior to ninety (90) days after service of notice.
TERMINATION. This AGREEMENT may be terminated in
whole or in part by either party in the event of substantial
failure by the other party to fulfill its obligations under this
4500 South Sidewalks_Contract
Page 3 of 3AGREEMENT through no fault of the terminating party;
providing that no such termination may be effected unless
the other party is given (1) not less than thirty (30) days
written notice (delivered by certified mail, return receipt
required) of intent to terminate, and (2) an opportunity for
consultation with the terminating party prior to termination.
If this AGREEMENT is terminated in whole or in part by
CLIENT for reasons of default by CONSULTANT, a
negotiated adjustment in the price provided for in this
AGREEMENT shall be made, however, no amount shall be
allowed for anticipated profit or unperformed services. If
termination for default is effected by CONSULTANT, the
negotiated adjustment shall include a reasonable profit on
that portion of the work performed. The equitable
adjustment for any termination shall provide payment to the
CONSULTANT for services rendered and expenses
incurred prior to the termination, in addition to termination
settlement costs reasonably incurred by CONSULTANT
relating to obligations and commitments as a result of
entering into this AGREEMENT.
ENTIRE AGREEMENT. This Consultant Services
AGREEMENT shall remain in effect throughout the duration
of the PROJECT. This AGREEMENT, including
attachments incorporated herein by reference, represents
the entire AGREEMENT and understanding between the
parties, and any negotiations, proposals, or oral
agreements are intended to be integrated herein and to be
superseded by this written AGREEMENT. Any supplement
or amendment to this AGREEMENT, to be effective, shall
be in writing and signed by the CLIENT and
CONSULTANT.
GOVERNING LAW. This AGREEMENT is to be governed
by and construed in accordance with the laws of the State
of Utah.
IN WITNESS WHEREOF, the parties hereto have
subscribed their names through their proper offices
duly authorized as of the day and year first above
written.
SIGNATORY
Name of CONSULTANT:
HORROCKS ENGINEERS, INC.
By: James R. Horrocks, P.E.
President
Name of CLIENT:
SOUTH OGDEN CITY
By:
June 12, 2017 Brad Jensen Wasatch Civil Consulting Engineering 5434 South Freeway Park Drive Riverdale City, Utah 84405 Subject: Proposal to provide Environmental Documentation Services for the 4500 South
Sidewalk Improvements Project in South Ogden City To whom it may concern: We are excited for the opportunity to provide professional services for the preparation of a Categorical Exclusion (CE) environmental document for the proposed installation of sidewalk on the south side of 4500 South (between Jefferson Avenue and Madison Avenue) and on the west side of Jefferson Avenue (between 4400 South and 4500 South) in South Ogden City, UT. It is anticipated that the required environmental document will be a Categorical Exclusion (CE) for which the Utah Department of Transportation (UDOT) will have the authority and responsibility for administration and approval, consistent with the July 1, 2008, Memorandum of Understanding (MOU) between UDOT and the Federal Highway Administration (FHWA). We understand that the proposed work will be performed within existing roadway right-of-way and no property acquisition or relocations will be required. Following are the anticipated tasks to prepare the CE:
• Activity 1 - Project Management o Implementation of a quality control process o Administration of project costs and schedule control o Conducting internal project team meetings o Client and agency meetings (Assume two meetings)
• Activity 2 - Public Involvement Activities o Inform adjacent property owners of the project (door-to-door postcard) o Answer questions received from the public o Assume no Public Hearing will be required
• Activity 3 – Preliminary Engineering Design o Evaluate existing conditions o Obtain concept design from City and incorporate into environmental document
• Activity 4 – Prepare Categorical Exclusion (CE) Environmental Document o Conduct Field Review (assume two environmental staff for one half day) o Develop Purpose and Need o Develop Project Description o Develop project location map o Develop Proposed Action description and figure
Tel: 801.763.5100 Fax: 801.763.5101
In state toll free: 800.662.1644
2162 W. Grove Parkway, Suite 400 Pleasant Grove, UT 84062 www.horrocks.com
o Perform Environmental Resource identification and evaluation Assume no noise analysis required Assume all areas are developed/disturbed and no Class III survey will be
required – Coordination with UDOT only Assume no historic architecture survey required Assume no Section 4(f) use Assume the preparation of a water resource memo and no wetland
delineation required Assume preparation of a T&E/Wildlife memo, but no USFWS
consultation. o Write/assemble CE document o Meet with City and UDOT to review document o Revise document o Coordinate document approval with UDOT
Based on our understanding of the project and our estimates of the level of effort that UDOT will require for the environmental document, we estimate the cost for our services to not exceed $13,500.
Horrocks is committed to providing quality, context sensitive, environmental services delivered on schedule and within budget. We look forward to working with the City on this exciting project. Should questions arise or if we can provide additional information, please feel free to call me at 801-362-9575 (mobile) or email me at stan@horrocks.com. Sincerely, HORROCKS ENGINEERS Stan Jorgensen, P.E.
Transportation Fee Study
Scenario 1 Scenario 2 Scenario 3 Scenario 4 Scenario 5
Residential
Single-Family Dwellings $5.70 NA $5.70
Multi-Unit $3.50 NA $3.50
Combined Residential NA $4.97 $8.72 $6.50 $4.97
Non-Residential
< 2 $22.68 NA $11.34 $10.86
2 - 4 $62.90 NA $31.45 $30.10
4 - 20 $287.49 NA $143.74 $137.58
> 20 $382.24 NA $191.12 $182.93
Combined Commercial NA $87.14 NA
Public Use
Public $61.49 $61.49 $30.74 $29.43 $61.49
Residential Estimated Revenue $398,292 $398,292 $699,146 $521,430 $398,292
Non-Residential Estimated Revenue $601,708 $601,708 $300,854 $478,570 $601,708
Total $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
$42.57
$330.96
Transportation Fee Study
Scenario 1 Scenario 2 Scenario 3 Scenario 4 Scenario 5 Scenario 6
Residential
Single-Family Dwellings $5.70 NA $5.70 $5.70
Multi-Unit $3.50 NA $3.50 $3.50
Combined Residential NA $4.96 $8.71 $6.50 $4.96 $4.96
Non-Residential
< 2 $22.68 NA $11.34 $10.85 $22.68
2 - 4 $62.89 NA $31.45 $30.10 $62.89
4 - 6 $114.53 NA $57.27 $54.81
6 - 8 $1,146.92 $573.46 $548.88
8 - 12 $108.01 NA $54.00 $51.69
12 - 20 $212.03 NA $106.02 $101.47 $212.03
> 20 $382.18 NA $191.09 $182.90 $382.18 $382.18
Supermarket/Discount Store $1,146.92
Combined Commercial $87.14
Public Use
Public $61.48 $61.48 $30.74 $29.42 $61.48 $61.48
Residential Estimated Revenue $398,238 $398,238 $699,051 $521,430 $398,238 $398,238
Non-Residential Estimated Revenue $601,762 $601,762 $300,949 $478,570 $601,762 $601,762
Total $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000
Business Types By Non-Residential Categories
Non-Residential
Dry Cleaners - Laundry Mat
Motel
Theater - Live Stage
Storage Warehouse, Mini Warehouse Lumber & Material Storage, Storage Garage, Warehouse Food Storage and Showroom Store
Group Care Home/Home for Elderly
Barber Shop/Hair Salon
Office Bldg/Convention Center/Shell/Laboratory
< 2
Auto Dealership, Complete
Retail Store, Nbhd Shopping Center, Shell
Mini-Lube Garage & Service Garage
Dental Office/Clinic & Medical Office
Health/Fitness Club
2-4
Veterinary Hospital
Restaurant/Banquet Hall
Bar/Tavern
Car Wash - Automatic & Self Serv
4-12
Day Care Center
12-20
Bank
Fast Food Restaurant
Conven. Market/Mini-Mart Conv. Store
> 20
$109.53
$42.57
$630.73
$137.27
Super Market/Discount Store
Super Market/Discount Store
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