HomeMy Public PortalAboutPKT-CC-2010-01-26CITY OF MOAI3
JANUARY 26, 2010
PRE -COUNCIL WORKSHOP
6:30 PM
REGULAR COUNCIL MEETING
7:00 PM
CITY COUNCIL CI-1AMI3ERS
(217 EAST CENTER STREET)
Page 1 of 71
Page 2 of 71
Moab City Council
Master Meeting Calendar*
January
2 010
S M T January 2010
W T F S
February 2010
S M T W T F S
10
17
24
31
1 2
3 4 5 6 7 8 9
11 12 13 14 15 16
18 19 20 21 22 23
25 26 27 28 29 30
1 2 3
7 8 9 10
14 15 16 17
21 22 23 24
28
4 5 6
11 12 13
18 19 20
25 26 27
N
cs
N
U
N
o
c
m
L.
0
m
�
li
M
ni
m
a
LT
f0
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Dec 27
28
29
30
31
Jan 1,10
2
3
4
5
6
7
8
9
6:00pm 7:00pm
GCAB
3:00pm 4:00pm GC Couna
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
7:00pm
9:00pm CVTC
3:00pm
3:30pm
7:00pm
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSS4
10
11
12
13
14
15
16
12:30pm 2:00pm
GCCOA
3:00pm 4:00pm GCSDBE N
3:00pm 3:30pm MVFPD
6:00pm
7:00pm
7:00pm GC PC
8:00pm TSSD
6:30pm
8:00pm Moab PC
7:00pm
7:00pm
8:00pm CVFP
8:00pm TSSSFD
6:30pm 9:00pm Moab CC1
17
18
19
20
21
22
23
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
4:30pm
5:00pm
6:00pm
6:00pm
5:30pm GCHPC
6:30pm GCLB
7:00pm GCSDBE
6:30pm GCRSSD
7:00pm
9:00pm GWSSA
24
25
26
27
28
29
30
12:00pm 2:00pm
CJCAB
12:00pm 12:30pm MTPSC
5:00pm 6:00pm SEUDHD
Wm 9:00pm Moab CC,
6:00pm
7:00pm GC PC
31
Feb 1
2
3
4
5
6
Moab Oty Recorder's Office
1
1/22/2010 4:33 PM
*Meeting end times are approximations only
2010 Master Meeting Calendar
Entities
(red indicates meetings confirmed)
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
1st Monday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
3rd Wednesday
GCLB
Grand County Library Board
257 East Center Street
3rd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
3rd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SFSC
Sand Flats Stewardship Committee
885 S. Sand Flats Road
2nd Tuesday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
2nd Tuesday
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Wednesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
MTPSC
Moab Tailings Project Steering Company
County Council Chanbers
4th Tuesday
CJC
Grand County Children's Justice Center
Fire Station
MVFPDC
Moab Valley Fire Protection District Commission
Moab Fire Department
2nd Tuesday
Updated on: 1/20/2010
R:\Agendas\Calendar\2010 calendar entities.xlsx
Page 4 of 71
Moab City Recorder's Office
Moab City Council
Master Meeting Calendar*
February
2010
February 2010
S M T W T F S
March 2010
S M T W T F S
14
21
28
1 2 3 4 5 6
7 8 9 10 11 12 13
15 16 17 18 19 20
22 23 24 25 26 27
1 2 3
7 8 9 10
14 15 16 17
21 22 23 24
28 29 30 31
4 5 6
11 12 13
18 19 20
25 26 27
co
a
M
c
4
n
a
1
0
N
a
1
r
N
N
LLc2
m
2
m
m
LLc2
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday
Saturday
Jan 31
Feb 1
2
3
4
5
6
6:00pm 7:00pm
GC4B
3:00pm 4:00pm GC Couna
5:00pm 6:00pm IQMU Boa
7:00pm 9:00pm GC Counci
7:00pm
9:00pm CVTC
8:30am
3:00pm
3:30pm
7:00pm
3:00pm MC Visiont
4:00pm GCSWSSD
4:00pm MARC
9:00pm GWSS4
9:00am
12:00pm MC Visioni
7
8
9
10
11
12
13
12:30pm 2:00pm
GCCDA
3:00pm 4:00pm GCSDBE N
3:00pm 3:30pm MVFPD
11111.11:00pm Moab CC ,
6:00pm
7:00pm
7:00pm GC PC
8:00pm TSSD
6:30pm
7:00pm
8:00pm Moab PC
8:00pm CVFP
14
15
16
17
18
19
20
3:00pm 4:00pm GC Counci
7:00pm 9:00pm GC Counci
5:00pm
6:00pm
6:00pm
6:30pm GCLB
7:00pm GCSE/BE
6:30pm GCRSSD
21
22
23
24
25
26
27
12:00pm 12:30pm MTPSC
�:OOpm Moab CC
6:00pm
7:00pm GC PC
6:30pm
8:00pm Moab PC
28
Mar 1
2
3
4
5
6
Moab Oty Recorder's Office
1
1/22/2010 4:33 PM
*Meeting end times are approximations only
Page 5 of 71
2010 Master Meeting Calendar
Entities
(red indicates meetings confirmed)
Entry
Full Description
Meeting location
Dates
CHCSSD
Canyonlands Health Care Special Service District
Grand Center #4
Last Thursday
CVFP
Castle Valley Fire Protection
Community Center #2 Castle Valley Drive
2nd Thursday
CVPC
Castle Valley Planning Commission
Community Center #2 Castle Valley Drive
1st Wednesday
CVTC
Castle Valley Town Council
Community Center #2 Castle Valley Drive
3rd Wednesday
GCCMD
Grand County Cemetary Maintenance District
Sunset Memorial Cemetary
2nd Tuesday
GC Council Meeting
Grand County Council Meeting
125 East Center Street
1st & 3rd Tuesday
GCAB
Grand County Airport Board
125 East Center Street
1st Monday
GCCOA
Grand County Council on Aging
Grand Center
2nd Monday
GCHEC
Grand County Higher Education Committee
USU Extension Office
4th Thursday
GCHPC
Grand County Historic Preservation Committee
Grand Center
3rd Wednesday
GCLB
Grand County Library Board
257 East Center Street
3rd Wednesday
GCPC
Grand County Planning Commission
125 East Center Street
2nd & 4th Wednesday
GCRSSD
Grand County Recreation Special Service District
217 East Center Street
3rd Wednesday
GCSDBE
Grand County School District Board of Education
264 South 400 East
3rd Wednesday
GCSWSSD
Grand County Solid Waste Special Service District
100 Sand Flats Road
1st Thursday
GCWB
Grand County Weed Board
Grand Center
1st Monday
GWSSA
Grand Water & Sewer Service Agency
3025 East Spanish Trail Road
1st & 3rd Thursday
LPC
Legislative Policy Committee
Utah Local Governments Trust No. SLC
3rd Monday
MARC
Moab Arts and Recreation Center Advisory Board
111 E. 100 North
1st Thursday
MATCAB
Moab Area Travel Council Advisory Board
125 East Center Street
4th Thursday
MC Council Meeting
Moab City Council Meeting
217 East Center Street
2nd & 4th Tuesday
MCPC
Moab City Planning Commission
217 East Center Street
2nd & 4th Thursday
MMAD
Moab Mosquito Abatement Distrcit
1000 East Sand Flats Road
1st or 2nd Thursday
SFSC
Sand Flats Stewardship Committee
885 S. Sand Flats Road
2nd Tuesday
SEUALG
South Eastern Utah Association of Local Government
Price
2nd Thursday
SEUDHD
South Eastern Utah District Health Department
Green River City Offices
2nd Tuesday
TRAIL MIX
Trail Mix
Grand Center
2nd Tuesday noon
TSSD
Thompson Special Service District
Thompson Springs Fire Station
2nd Wednesday
TSSFD
Thompson Special Service Fire District
Thompson Springs Fire Station
2nd Thursday
MTPSC
Moab Tailings Project Steering Company
County Council Chanbers
4th Tuesday
CJC
Grand County Children's Justice Center
Fire Station
MVFPDC
Moab Valley Fire Protection District Commission
Moab Fire Department
2nd Tuesday
Updated on: 1/20/2010
R:\Agendas\Calendar\2010 calendar entities.xlsx
Page 6 of 71
Moab City Recorder's Office
City of Moab
217 East Center Street
Moab, Utah 84532
Main Number (435) 259-5121
Fax Number (435) 259-4135
www.moabcity.org
City of Moab — Regular Council Meeting
City Council Chambers: 217 East Center Street
Tuesday, January 26, 2010 at 7:00 p.m.
411111111111111111111111111111111111111111111111111111111111
6:30 p.m. PRE -COUNCIL WORKSHOP
7:00 p.m.
Call to Order: Pledge to Flag:
SECTION 1: APPROVAL OF MINUTES
SECTION 2: CITIZENS TO BE HEARD
SECTION 3: DEPARTMENTAL UPDATES
3-1 Community Development Department
3-2 Engineering Department
3-3 Planning Department
3-4 Police Department
3-5 Public Works Department
SECTION 4: PRESENTATIONS
4-1 Presentation of the Mayor's Student Citizenship of the
Month Award for January 2010 for Helen M. Knight
Intermediate School
SECTION 5:
NEW BUSINESS
5-1 Approval of Amendment # 1 to Contract #060285 between
the City of Moab and the State of Utah Administrative
Services Division of Facilities Construction and
Management
5-2 Approval of Change Order # 1 to the Grand County
Recreation and Aquatic Center Contract with Hogan 86
Associates Construction, Incorporated
5-3 Approval of a Purchasing Exception and Purchasing
Agreement with C.E.M. Aquatics for a Material Purchase
of a Swimming Pool in the amount of $1,083,913
5-4 Approval of Resolution #04-2010 - A Resolution
Approving AmrpRflit # 1 to the Interlocal Agreement for
the Joint Financing of a Recreation Center Complex by
and between the City of Moab and the Grand County
Recreation Special Service District
5-5 Request for Approval of a Waiver of Building Permit Fees
for the Moab Valley Multicultural Center in an amount
not to exceed $236.88
5-6 Approval of Proposed Resolution #03-2010 - A Resolution
Approving the Drinking Water Source Protection Plan for
the Lionsback Development
SECTION 6: READING OF CORRESPONDENCE
SECTION 7: ADMINISTRATIVE REPORTS
SECTION 8: REPORT ON CITY/ COUNTY COOPERATION
SECTION 9: MAYOR AND COUNCIL REPORTS
SECTION 10: PAY THE BILLS AGAINST THE CITY OF MOAB
SECTION 11: ADJOURNMENT
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
Page 8 of 71
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAX NUMBER (435) 259-41 35
To: Honorable Mayor and City Council
From: Donna Metzler, City Manager
Date: January 22, 2010
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCKI
ROB SWEETEN
Subject: Extension of Lease Agreement with State of Utah for Assistant Attorney
General for Division of Child and Family Services
As you know, the City has a lease agreement with the State of Utah for the Assistant Attorney
General for the Division of Child and Family Services (DCFS). The lease is for space in the City
Center building. The lease is not actually up until 2011, but DCFS wanted to renew early. The
lease is substantially the same as it is now, and provides for an escalation of the rental rate.
Over the next few months, you will be seeing renewed leases for our other tenants.
I recommend approval of the lease extension.
ADM-MEM-10-01-005
Page 9 of 71
5-1
STATE OF UTAH
DEPARTMENT OF ADMINISTRATIVE SERVICES
DIVISION OF FACILITIES CONSTRUCTION AND MANAGEMENT
CONTRACT NO. 060285
AMENDMENT NO. 1
TO BE ATTACHED TO AND MADE A PART OF the above numbered
contract by and between City of Moab, hereinafter called "LANDLORD," and the
STATE OF UTAH, DIVISION OF FACILITIES CONSTRUCTION AND
MANAGEMENT, for and in behalf of the Department of Human Services, Division of
Child and Family Services, hereinafter called "TENANT."
WITNESSETH
THAT WHEREAS, LANDLORD and TENANT have hereto entered into that
certain Lease Agreement (Contract No. 060285) for 500 square feet of office space in the
facility located at 217 East Center Street, Moab, Utah, which Lease Agreement
commenced July 1, 2005, and which currently expires June 30, 2010; and
WHEREAS, TENANT and LANDLORD are mutually desirous to renew the
subject Lease Agreement for an additional five (5) years renewal or extended term; and
NOW THEREFORE, for and in consideration of the mutual covenants,
conditions, and agreements herein contained, and other good and valuable considerations,
it is covenanted and agreed between the parties that the aforesaid Lease Agreement be
modified and amended as follows:
PARAGRAPH 1. RENEWAL OR EXTENDED TERM
1.1 This Lease Agreement is hereby renewed and extended for an additional
term of five (5) years which term shall commence July 1, 2010, and shall expire June 30,
2015, and shall continue thereafter on a month -to -month rental basis, if option to renew is
not exercised by TENANT as provided for in Paragraph 2 of this Lease Amendment No.
1, until terminated by either party by giving thirty (30) days advance written notice to the
other party.
PARAGRAPH 2. OPTION TO RENEW
2.1 LANDLORD covenants with TENANT that LANDLORD shall, at
TENANT'S option, again grant and lease to TENANT at the expiration of the lease term,
the Premises pursuant to the provisions of this Lease for and during the term of FIVE (5)
years thereafter, with a like covenant for future renewals of the Lease as is contained in
this Amendment No. 1, and on the same terms and conditions, except as to the annual
rentals, which rentals shall be determined by negotiation between the parties. TENANT
shall notify LANDLORD in writing at least thirty (30) days prior to the expiration of this
renewal term if said option is to be exercised.
Amendment k1
Printed 11/16/2009
Page 10 of 71
5-1
2.2 To exercise an option hereunder, TENANT must give LANDLORD
written notice of its desire to extend the Lease Agreement an additional term at least
thirty (30) days prior to the end of the then lease term. Failure to timely exercise an
option shall revoke and terminate any right to exercise options for successive periods.
2.3 The parties shall have thirty (30) days after LANDLORD receives the
option notice in which to agree on the base rentals during the extended or renewal term.
If the parties agree on the base rentals for the extended or renewal term during that
period, they shall immediately execute an amendment to this Lease stating the base
rentals.
2.4 If the parties are unable to agree on the base rentals for the extended or
renewal term within the specified period, the option notice shall be of no effect and the
Lease shall expire at the end of the then term. Neither party to this Lease shall have the
right to have a court or other third party set the base rentals.
PARAGRAPH 3. CONSIDERATION
3.1 For the renewal or extended period beginning July 1, 2010, and ending
June 30, 2015, the sum of the annual base rentals shall be payable by TENANT to
LANDLORD for the 500 square feet of office space according to the following table.
TENANT shall pay such annual base rentals in twelve equal monthly installments, each
on the first day of every month each year during the term hereof. If the day upon which
the term of the Lease shall commence is other than the Commencement Date above, then
the rentals shall be apportioned accordingly.
1-Jul-2010
30-Jun-2011
$3,790.00
$2,500.00
$6,290.00
1-Jul-2011
30-Jun-2012
$3,865.00
$2,500.00
$6,365.00
1-Jul-2012
30-Jun-2013
$3.945.00
$2,500.00
$6,445.00
1-Jul-2013
30-Jun-2014
$4,040.00
$2,500.00
$6,520.00
1-Jul-2014
30-Jun-2015
$4,100.00
$2,500.00
$6,600.00
TOTAL
$19,720.00
$12,500.00
$32,220.00
PARAGRAPH 4. TENANT MAINTENANCE ITEMS
4.1 TENANT has requested and LANDLORD has agreed to take care of
certain Tenant Maintenance Items for the benefit of TENANT at LANDLORD'S sole
cost. LANDLORD agrees that all maintenance and repairs, hereinafter referred to as
"Tenant Maintenance", shall be completed with all reasonable dispatch, and
LANDLORD will use its best efforts to cause the same to be completed by July 31, 2010.
Said Tenant Maintenance Items are to trim the trees in the front of the building, trim
bushes around the building and fertilize the trees, shrubs and lawn areas around the
building.
2
Page 11 of 71
5-1
4.2 LANDLORD and TENANT shall jointly inspect all aspects of the Tenant
Maintenance Items upon completion of those items and shall agree to whether the work is
satisfactory.
All other covenants, terms and conditions of the subject Lease Agreement not
modified by this Lease Amendment No. 1 remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto sign and cause this Lease
Amendment No. 1 to be executed.
TENANT LANDLORD
State of Utah Moab City
John Nichols Date David L. Sakrison Date
Real Estate and Debt Manager Mayor
Division of Facilities Construction
and Management
Director
Office of Administrative Support
Department of Human Services
APPROVED:
Utah Division of Finance
3
Page 12 of 71
5-1
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAX NUMBER (435) 259-4135
To:
From: Donna Metzler, City Manager (6)//,.-
Date: January 22, 2010
Subject: Change Order #1 and CEM Purchase Contract
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
.JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCK!
ROB SWEETEN
Honorable Mayor and City Council
As we have discussed, I have been negotiating with Hogan Construction and CEM Aquatics to
provide for the direct purchase of the Myrtha Pool system for the Aquatic Center. Direct
Purchase will save the City about $60,000 in sales tax. The City does not have to pay sales tax,
while Hogan would have to pay sales tax if they made the purchase directly.
Change Order #1 to the Hogan CMAR contract is a deductive change order in the amount of
$1,083,913. This is the cost of the Myrtha swimming pools as provided for in the construction
documents for the Aquatic Center. Please note that Change Order #1 is accompanied by
"Additional Provisions Applicable to Change Order #1". This document provides additional
protection for the City to ensure that Hogan's Performance Bond will still cover the delivery and
installation of the pools, for the full amount of the original GMP (Guaranteed Maximum Price),
regardless of the deductive change order. "Additional Provisions" also provides for other
protections and to clarify Hogan's responsibilities with respect to the pool component of the
project.
The contract between C.E.M. Aquatics provides for the terms and conditions of the purchase of
the pools. Please note that approval of the C.E.M. contract constitutes an exception to
the City's purchasing procedure that requires that we seek competitive bids. Although this is
technically an exception, please note that Hogan construction, as the City's Construction
Manager for the Aquatic Center project, did engage in a very public and competitive bidding
process such that all qualified companies had ample opportunity to bid on every component of
the project, the pools included. That said, it should be noted that C.E.M. is the distributor of
Myrtha Pools for this area, and such being the case, we would not have received a bid form
anyone else, even if the City had put the bid out under its own auspices.
Both documents have been reviewed by all parties, and have undergone scrutiny and revision
by the City Attorney. We have made sure that all warranties, bonds, insurance, payment
schedules and other instruments and procedures have been constructed in the best interest of
the City.
There will be at least one other item for the Aquatic Center that the City will want to purchase
directly to avoid paying sales tax. I am currently working with Hogan and FastCorp to
orchestrate a similar arrangement for construction and delivery of the custom-made outdoor
slide/play unit.
I recommend approval of both Change Order #1 to the Hogan contract and the C.E.M contract.
ADM-MEM-10-01-004
Page 13 of 71
5-2
AIA
Document G7011CMa'" -1992
Change Order - Construction Manager Adviser Edition
PROJECT (Name and address):
Grand County Recreation & Aquatic
Center
Moab, UT 84532
TO CONTRACTOR (Name and address):
Hogan & Associates Construction, Inc.
940 North 1250 West
Centerville, UT 84014
CHANGE ORDER NUMBER: 001
INITIATION DATE: 12/11 09
PROJECT NUMBERS:
CONTRACT DATE: 12/15:'09
CONTRACT FOR: General
Construction
OWNER: ❑
CONSTRUCTION MANAGER: ❑
ARCHITECT: ❑
CONTRACTOR: ❑
FIELD: ❑
OTHER: ❑
THE CONTRACT IS CHANGED AS FOLLOWS:
1. Credit for Pool Equipment - See PCO #1 attached - $1,083,913.00
The original Contract Sum was $ 6,485,000.00
Net change by previously authorized Change Orders $ 0.00
The Contract Sum prior to this Change Order was $ 6,485,000.00
The Contract Sum will be decreased by this Change Order in the amount of $ 1,083,913.00
The new Contract Sum including this Change Order will be $ 5,401,087.00
The Contract Time will be unchanged by Zero (0) days.
The date of Substantial Completion as of the date of this Change Order therefore is 2/8/2011.
NOTE: This summary does not reflect changes in the Contract Sum, Contract Time or Guaranteed
Maximum Price which have been authorized by Construction Change Directive.
NOT VALID UNTIL SIGNED BY THE OWNER, CONSTRUCTION MANAGER, ARCHITECT AND CONTRACTOR.
Hogan & Associates Construction, Inc.
CONSTRUCTION MANAGER (Firm name)
940 North 1250 West, Centerville, UT 84014
ADDRESS
BY (Signature)
(Typed name) DATE:
EDA Architects, Inc.
ARCHITECT (Firm name)
111 East Broadway, Suite 200, Salt Lake City, UT 84111
ADDRESS
BY (Signature)
(Typed name) DATE:
City of Moab
OWNER (Firm name)
217 East Center St., Moab, UT 84532
ADDRESS
BY (Signature)
(Typed name) DATE:
AIA Document G701/CMaTM —1992. Copyright 01992 by The American Institute of Architects. All rights reserved. WARNING: This AIAr‘ D
protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe" Document. or any
result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law This document was
software at 10:05:42 on 12/11/2009 under Order No.1000385019_1 which expires on 03/25/2010, and is not for resale.
User Notes:
Page 14 of 71
-2
HOGAN
& ASSOCIATES CONSTRUCTION
940 North 1250 West
Centerville, Utah 84014
(801) 951.7000
(801) 951.7100 fax
www.hoganconstruction.com
To: Ralph Nagasawa
EDA Architects, Inc.
111 East Broadway, Suite 200
Salt Lake City, UT 84111
Ph: (801)531-7600 Fax: (801)363-3149
Description: Credit for Pool Equipment
Proposed Change Order
Number: 1
Date: 12/11 /09
Job: 00.09.319 Grand County Rec Center
We are pleased to offer the following pricing for work associated with the following change(s):
Credit for Pool Equipment
CEM through their installation contract with Hogan, will be responsible to receive, inventory, install and warranty the Myrtha Pool
system supplied by the Owner.
Work performed by subcontractors:
Description
Credit for Pool Equipment
Subcontractor
Price
$-1,083,913.00
Subcontractor Subtotal: $-1,083,913.00
Subtotal: $-1,083,913.00
Total: $-1,083,913.00
Subsequent to your review and approval, please indicate your approval by signature below. If you have any questions, please
contact me at 801-951-7000.
Submitted by: Mike Hogan
Hogan & Assoc Construction
Cc:
Approved by:
Approved by:
Page 15 of 71
Date:
Date:
ADDITIONAL PROVISIONS APPLICABLE TO CHANGE ORDER NO. 1
Grand County Recreation and Aquatic Center
In addition to the deductive change in the amount of $1,083,913.00 associated with the
City of Moab contracting directly with CEM Aquatics, Inc. ("CEM") for the purchase of
swimming pool materials ("Pool Contract"), the parties, Hogan and Associates Construction
("CMAR), and City of Moab ("Owner") agree to the following:
1. The parties agree that the Pool Contract between the Owner and CEM for the
fabrication and supply of swimming pool materials is a long lead time item, as
contemplated by § 2.1.7 of the A-121 agreement between Owner and CMAR. CMAR
shall retain its duty to exercise oversight, control, and responsibility for the
performance by CEM, as provided under the Contract Documents prior to the
execution of this change order, to the same extent that it would exercise such duties
with respect to a subcontractor acting under contract with CMAR. The execution of
the Pool Contract shall not be construed to diminish or exclude the performances in
that contract from the agreed upon scope of the Work, as described in the Contract
Documents between Owner and CMAR.
2. CMAR further acknowledges that, notwithstanding the deductive change order, the
performance by CEM under the Pool Contract constitutes a portion of the Work, as
defined in the Contract Documents, for which CMAR is receiving compensation. As
such, the performance by CEM falls within the obligations of CMAR as contractor
specified in Performance Bond No. 105338645, issued by Travelers Casualty and
Surety Company of America as Surety. The execution of the deductive change order
shall not abrogate or impair the obligations under said performance bond. CMAR
agrees to provide all necessary notice to the Surety with respect to this change order.
3. CMAR and City further agree that the City shall have the right to assign, and CMAR
shall accept assignment of, the Pool Contract to CMAR upon certification by the City
of satisfactory performance by CEM of the delivery of items set forth in the Pool
Contract.
Owner, City of Moab:
Mayor David Sakrison Date
Attest:
Rachel Ellison, City Recorder Date
CMAR, Hogan & Associates Construction, Inc.
Page 16 of 71
5-2
SURETY BOND RIDER
To be attached to and form a part of Performance and Payment Bond No.
105338645 executed by Hogan & Associates Construction, Inc., as Principal, and
by Travelers Casualty and Surety Company of America, as Surety, in favor of the
City of Moab, dated December 18, 2009, for the project known as Grand County
Recreation & Aquatic Center, Moab, Utah
Now, therefore, the Principal and Surety accept the terms and conditions of the
attached "Additional Provisions Applicable to Change Order No. 1", and the
penal sum of said bond shall remain unchanged.
This bond shall be subject to all its agreements, limitations and conditions except
as herein expressly modified. This rider is effective this the 19th day of January,
2010.
Signed and Sealed by:
• on, Inc.
Surety Company of America
Id, Attorney -in -Fact
Page 17 of 71
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELERS)
POWER OF ATTORNEY
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
St. Paul Fire and Marine Insurance Company
St. Paul Guardian Insurance Company
Attorney -In Fact No. 214562
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 32128 53
KNOW ALL MEN BY THESE PRESENTS: That St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance
Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and
Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty
Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under
the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin
(herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint
Sam W. Clark, Stirling S. Broadhead, Joseph A. Beykirch, Douglas S. Roskelley, S. Christopher Clark, and Doris Martin
of the City of Salt Lake City State of Utah , their true and lawful Attomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their�business olguaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or pe r ttefi;m anracions or proceedings allowed by Iaw.
en tote si ed.d therraao "rate
2nd
IN WITNESS VVREREOF, the Compa66§have caused this instrument �� ,gn �\ier}✓ rpo seals to be hereto affixed, this
day ofber
("\• . r, .n c�^�.
.c^l�1';. fi� f �J `
Farmington Casualty Company' `\ �.�t�'�;:>' �•`�, ,� St. Paul Mercury Insurance Company
Fidelity and Guaranty ur cerCompan j `3') �' Travelers Casualty and Surety Company
Fidelity and Guaranty �uia=ie4Inderwrillers, Inc. Travelers Casualty and Surety Company of America
St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St. Paul Guardian Insurance Company
State of Connecticut
City of Hartford ss.
By:
2nd September 2009
On this the day of , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety
Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do,
executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official seal.
My Commission expires the 30th day of June, 2011.
58440-4-09 Printed in U.S.A.
WARNING: THIS POWER OF ATTORNEY IS IFIVALID WITHOUT THE RED BORDER
5-2
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Fannington Casualty Company, Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance
Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States
Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:
RESOLVED, that the Chairman, the President, any Vice Chainnan, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice
President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is
FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary; and it is
FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking
shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice
President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,
any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any
certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on
the Company in the future with respect to any bond or understanding to which it is attached.
I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance
Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and
Surety Company, Travelers Casualty and Surety Company of America, and Un4ga,ltatbs Fickel t}!rand 949rinty Company do hereby certify that the above and foregoing
is a true and correct copy of the Power of Attorney executed by said Companies.; wtuch; 4s in'full ioK50,nd'effect and has not been revoked.
'tOk , J'
w '3 .J
IN TESTIMONY WHEREOF, I have hereunto set my hand and aft'rxea the; seas of sa`cUlaoimpanies this 19th day of
January
20 10 .
To verify the authenticity of this Power of Attomey, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the
above -named individuals and the details of the bond to which the power is attached.
ORNEX IS.1aYALip WITHOUTTHE RED BORDER
5-2
PROJECT NAME: GRAND COUNTY RECREATION & AQUATIC CENTER
LOCATION: MOAB, UTAH
ARCHITECT: EDA ARCHITECTS
CONTRACTOR: HOGAN & ASSOCIATES CONSTRUCTION
OWNER: City of Moab
THIS AGREEMENT made in Moab, UT, this day of , 2010, by and between the
City of Moab, a Utah municipality, 217 East Center Street, Moab, Utah 84532, hereinafter referred to as
the "Owner", and C.E.M. Aquatics, of 3154 South Washington, Salt Lake City, Utah 84115, hereinafter
referred to as the "Supplier". For and in consideration of the performances specified herein, the Owner
and the Supplier agree as follows:
1.) MATERIALS TO BE SUPPLIED
Section 131100 — Special Construction -Swimming Pools
Section 131113 — Below Grade Swimming Pool -Prefabricated
Includes all Myrtha pool structures, pool equipment and materials for the indoor / outdoor
pools complete.
Excludes: Alternate items — UV systems and Regenerative Filter systems; F.A.S.T. Corp Rock
Slide (purchased direct by Owner and installed by Supplier via Hogan Contract); excavation
and backfill by Hogan/ others; all concrete work footings, stairs, benches and decks by Hogan/
others; all electrical / mechanical work and connections by Hogan / others
Supplier will be responsible for on -time delivery of pools and associated equipment, inventory
of material upon delivery, and damaged material during shipping.
Furnished complete per plans, specifications and all addenda for the total amount of
$1,083,913.00.
The total amount listed hereto does not include sales tax.
(Supplier will be responsible for installation of pools and associated equipment through a
subcontract agreement with Hogan & Associates Construction, Inc.)
a. All materials furnished under this agreement is to be delivered FOB Jobsite in strict accordance with
the plans and specifications as prepared by EDA Architects, Architect and/or Engineer, for the
construction of the Grand County Recreation & Aquatic Center Project for the City of Moab, Owner,
with Hogan & Associates Construction, (CMAR) Contractor; together with all addenda or authorized
changes issued prior to the date of execution of this agreement, all of which are hereby incorporated by
reference.
1
5-3
Page 20 of 71
b. The Owner and the Supplier agree to be bound by the terms of the prime contract agreement,
construction regulations, general conditions, plans and specifications, and any and all other contract
documents, if any there be, insofar as applicable to this agreement.
2.) DELIVERY OF MATERIAL
a. The Supplier shall prosecute shop drawings, color schedules and other necessary information
required before ordering material in a prompt and diligent manner. It is the Supplier's responsibility to
see that delivery of materials does not cause delay, interfere with or hinder the work of the Owner or
any sub -contractor. All materials shall be delivered to the job site and suitably stored on or before
ninety (90) days from the date of approval in writing of shop drawings by the CMAR and Architect. Shop
drawings shall be submitted by Supplier to CMAR and Architect for review and approval no later than
twenty one (21) days from the date of execution of this contract.
b. In the event the Supplier neglects and/or fails to supply or deliver the necessary materials within the
time allowed in the construction schedule, in the opinion of the Owner, then the Owner shall notify the
Supplier in writing, setting forth the deficiency and/or delinquency, and five days after date of such
written notice, the Owner shall have the right if he so desires, to purchase all of the material or any part
thereof, from any available source.
c. All costs incurred by the Owner shall be charged against any monies due or to become due the
Supplier. In the event the total amount due or to become due the Supplier shall become insufficient to
cover the costs accrued by the Owner in furnishing the necessary material, then the Supplier shall be
bound and liable unto the Owner for the difference.
d. The Supplier shall be responsible for the material delivered until completion and final acceptance of
the contract by the Owner. In the event defects are discovered, the Supplier shall proceed promptly to
make repairs or replacement of the material at his own expense as directed by the Owner.
e. In the event that all materials are not delivered to the Owner in conformity with the contract
specifications on or before the Delivery Date, then Supplier agrees to immediately add additional crews
and overtime to project to make up any lost time due to late shipments — at no additional cost to the
Owner.
3.) CHANGES, ADDITIONS AND DEDUCTIONS
a. The Owner may add to or deduct from the amount of material covered by this agreement, and any
changes made in the amount of material involved, or any other parts of this agreement, shall be by a
written amendment hereto setting forth in detail, the changes involved and the value thereof, which
shall be mutually agreed upon between the Owner and the Supplier.
b. The Supplier shall not sublet, transfer or assign this agreement or any funds due, or become due, or
any part thereof, without the written consent of the Owner.
2
Page 21 of 71
5-3
4.) PAYMENTS
The Owner is to pay to the Supplier for the complete and satisfactory delivery of the herein described
material, in the sum of One million, eighty-three thousand, nine hundred and thirteen dollars and no
cents ($1,083,913.00), in payment of 100% of the materials supplied. Payment will be in accordance
with invoices prepared by the Supplier and approved by the Owner, Architect, and the CMAR, as to be
accurate and complete. The payment schedule shall be as follows: two hundred sixteen thousand
seven hundred eighty two dollars 0216,782.00), payable no later than twenty days from the execution
of this agreement; and eight hundred twelve thousand nine hundred thirty one dollars and thirty five
cents 0812,931.35) payable in increments based upon the percentage of completion of the contract in
relation to the entire contract sum, less the retainage specified below. Periodic payments shall be paid
in increments occurring no greater than on monthly basis, which shall be due no later than twenty (20)
days from the date of conforming delivery of the remaining pool structures, equipment and materials to
site, as certified by the Architect and CMAR in writing. The retainage balance of fifty four thousand one
hundred ninety nine dollars and sixty five cents ($54,199.65), shall be paid no later than twenty (20)
days from the date of certification in writing by the Architect and CMAR that all performances owing by
the Supplier are complete.
5.) DISPUTES
a. This contract is governed by Utah law. In the event of any dispute between the Owner and the
Supplier arising from this contract the parties agree to engage in mediation before a mutually
acceptable mediator as a condition precedent to either party commencing any judicial action. Each
party shall pay its own respective attorney fees in mediation and be responsible for one half of the total
mediation cost.
b. The sole venue for any dispute arising from this contract shall be the Seventh Judicial District Court,
Grand County, Utah. The parties irrevocably waive a jury trial for any claims arising from this contract,
all of which shall be tried to the court. In any judicial proceeding arising from this contract the court
shall award reasonable attorney fees and costs to the substantially prevailing party, in addition to any
other relief provided herein.
c. In any dispute arising from this contract the parties may recover such other damages as may be
provided by law including, without limitation: damages for the contract price; damages for cover or
procurement of substitute goods; incidental damages; or the like. In no event shall either party be liable
to the other for consequential damages.
6.) WARRANTY AND INSURANCE
a. The Supplier warrants to the Owner that the materials shall be of new manufacture, delivered in
good and merchantable condition, and in conformity with all designs and specifications in the Contract
Documents. Supplier further warrants that the materials are suitable for the intended purposes of the
3
Page 22 of 71
5-3
Owner, as set forth in the Contract Documents and specifications provided to Supplier. The Supplier
agrees to make good and repair (or replace as necessary), without cost to the Owner, any and all
materials or work exhibiting faulty or defective materials, design, or workmanship which may appear
within the period so established in the Contract Documents; and if no such period be stipulated in the
contract documents, then such warranty shall be for a period of one year from date of substantial
completion of the project, as certified by the Architect. The Supplier further agrees to execute any
special guarantees as provided by terms of the contract documents prior to final payment.
b. If, in the course of its performance under this Contract, the Supplier discovers any condition, event,
or circumstance including, by way of example only, any: departure from specifications; adverse
geotechnical condition; or construction defect; which might jeopardize its performance or the
warranties provided, Supplier shall promptly notify the Owner and CMAR with respect to any such
matter.
c. Supplier will procure at its sole cost certificates of insurance, in amounts not less than the sum
specified in Section Five, above, covering loss, risk, or damage to the materials while in transit or while
stored on Owner's premises prior to substantial completion. Said certificate will furnish language as
"Property of other coverage, storage at (provided physical address of warehouse) for a value of (amount
billed for) for job (name of job)".
6.) WAIVER OF MECHANIC LIENS
Supplier acknowledges that the materials to be supplied under this contract are to be incorporated into
publicly owned real property which is exempt from claims under the Utah Mechanic Lien Act, and for
which payment and performance bonds have been posted by the CMAR. Supplier hereby waives and
releases any rights to assert a mechanic lien under the Act.
7.) TERMINATION OF AGREEMENT
In the event the Owner terminates the project prior to its completion, which right is expressly reserved
by Owner, then the Owner and Supplier agree that the compensation payable to Supplier shall be
equitably adjusted based upon the percentage of completion attained as of the date of termination,
relative to the total contract price.
8.) INTEGRATION, MODIFICATION, AUTHORITY
a. This contract, including the specifications and contract documents incorporated by reference, is the
sole and complete agreement of the parties, superseding any and all prior agreements or
representations, however described. This contract shall only be modified in writing, and as duly
approved by both parties in the manner provided by law.
b. This contract is a valid, binding, and enforceable obligation of the parties, executed after obtaining all
necessary authority.
9.) ASSIGNMENT OF AGREEMENT
4
Page 23 of 71
5-3
After Owner certifies that satisfactory delivery of the items specified in Section 2 herein is complete, and
following payment in full by Owner as specified in Section 4 herein, Owner reserves the right to assign
this Agreement to Hogan and Associates Construction.
Agreed and accepted, effective as of the date(s) set forth below:
C.E.M. AQUATICS CITY OF MOAB
Supplier Owner
By: By:
Mayor David Sakrison
Date: Date:
Print Print
Name: Name:
Its: Attest:
Rachel Ellison, City Recorder
5
5-3
Page 24 of 71
CITY OF MOAB
217 EAST CENTER STREET
MOAB, UTAH 84532-2534
MAIN NUMBER (435) 259-51 21
FAX NUMBER (435) 259-41 35
MAYOR: DAVID L. SAKRISON
COUNCIL: KYLE BAILEY
JEFFREY A. DAVIS
SARAH BAUMAN
GREGG W. STUCKI
ROB SWEETEN
To: Honorable Mayor and City Council
From: Donna Metzler, City Manager
Date: January 22, 2010
Subject: Amendment #1 to Aquatic Center Interlocal Agreement
11111111111111111111111111111111111111111111111111111111111111111111111111
The Interlocal Agreement for the Joint Financing of a Recreation Center Complex was approved
in October of 2007. This agreement contemplated that first debt service payment for the new
facility would be due to the CIB in 2009, and that the Center would be operational by 2010. As
you know, the CIB approved a postponement of the first debt service payment such that the first
payment will not be due until October, 2010. In addition, we do not expect to be fully
operational until early 2011. The original agreement with the District called for their $190,000
debt service payment in 2008, and the first operational payment to be made in 2009. The
Amendment brings this payment schedule in line with the construction schedule and CIB's debt
service payment schedule.
ADM-MEM-10-01-004A
Page 25 of 71
5-4
Resolution #04-2010
A RESOLUTION APPROVING AMENDMENT #1 TO THE INTERLOCAL
AGREEMENT FOR THE JOINT FINANCING OF A RECREATION CENTER COMPLEX
WHEREAS GCRSSD and the City entered into an Interlocal Agreement for the Joint
Financing of Recreation Center Complex in October, 2008; and
WHEREAS, said Agreement contemplated specific timeframes for construction and
subsequent operation of the Recreation Center Complex; and
WHEREAS, schedules in the Agreement for financial contributions were based on the
timeframes for construction and subsequent operation of the Recreation Center Complex; and
WHEREAS, said timeframes and schedules need to be clarified and restated to reflect
existing circumstances.
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby approve Amendment
# 1 to the Interlocal Agreement for the Joint Financing of a Recreation Center Complex and
authorize the appropriate officials to execute said Amendment
Passed and adopted by action of the Governing Body of the City of Moab in open session this
26th day of January, 2010.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Ellison, Recorder
Resolution #04-2010 Page 1 of 1
Page 26 of 71
5-4
INTERLOCAL AGREEMENT FOR THE JOINT FINANCING OF A
RECREATION CENTER COMPLEX
Amendment Number One
THIS AMENDMENT NUMBER ONE TO THE INTERLOCAL AGREEMENT FOR THE
JOINT FINANCING OF A RECREATION CENTER COMPLEX is entered into as of this
day of 2010, by and between the GRAND COUNTY RECREATION SPECIAL
SERVICE DISTRICT, a body politic and corporate and quasi -municipal public corporation of the
State of Utah ("GCRSSD"), and THE CITY OF MOAB, a body corporate and politic of the State
of Utah (the "City") (collectively, the "Parties").
A. WHEREAS GCRSSD and the City entered into an Interlocal Agreement for
the Joint Financing of Recreation Center Complex in October, 2008; and
B. WHEREAS, said Agreement contemplated specific timeframes for
construction and subsequent operation of the Recreation Center Complex; and
C. WHEREAS, said timeframes need to be clarified and restated to reflect
existing circumstances.
NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged by each Party,
the parties agree that Section 1(a) and Section 1(f) of the Agreement shall be amended to read as
follows:
1. GCRSSD's Consent.
a. GCRSSD, pursuant to Section 11-13-215 of the Interlocal Cooperation Act,
hereby agrees and consents that the City shall be paid certain Mineral Lease
revenues, as they become available to GCRSSD. From the proceeds of Mineral
Lease Revenues actually received by the GCRSSD, the following funds are
pledged to the City to be used by the City to finance the Recreation Center Project:
i. A sum not to exceed one hundred ninety thousand dollars
($190,000.00) payable annually for years 2010 through 2034, inclusive, to be disbursed as
specified herein, and which shall be referred to as the Annual Capital Pledge. These monies
will be used by the City as pledged revenues to secure the financing of the new Recreation
Center, as set forth in Section Two; and
ii. A maximum of twenty five thousand dollars ($25,000.00) annually
for years 2010 through 2034, inclusive, to be disbursed as specified herein, and shall be
referred to as the Operations & Maintenance Pledge. These monies shall be used by the
City, along with other monies contributed by the City as described the Operational Budget
in Exhibit B, to fund the on -going operational and maintenance expenses of the Recreation
Complex. Said Operations and Maintenance Pledge, in the amount provided for herein,
shall be shown as a recurring expense in the GCRSSD annual budget. The parties agree that
upon the end of five full years of operation of the Recreation Center, and any subsequent
year, if the City's subsidy of the Recreation Center is less than $165,000.00 for at least two
full years, then GCRSSD shall not be required to pay to the City said Operations and
Maintenance Pledge. The City subsidy shall be calculated by subtracting Recreation Center
Department Expenses from Recreation Center Revenues. The elimination of the Operations
and Maintenance Pledge shall be formalized by written agreement of the City and
GCRSSD;
Page 27 of 71
f. GCRSSD agrees that the Annual Capital Pledge and the Operations and
Maintenance Pledge as provided for herein supersede, and shall take precedence
over other existing informal financial obligations undertaken by GCRSSD, and all
future financial obligations undertaken by the District after the date of this
agreement GCRSSD further grants and assigns to the City a security interest in
the Annual Capital Pledge, pursuant to U.C.A. § 11-14-501, which shall be
superior to the claims or interests of all other persons, and which shall be applied
solely towards repayment of the sales tax revenue bonds to be issued by the City
for Recreation Center improvements, as specified in Section Two, below, and
toward operations and maintenance expenses as specified in this Agreement.
GCRSSD hereby warrants to the City, and authorizes the City to publish to
bondholders, that the Annual Capital Pledge is irrevocable until such time as the
bonds are paid in full. Consistent with the nonimpairment provisions of U.C.A. §
11-14-308, GCRSSD shall enact a resolution providing that until such time as the
bonds of the City are paid in full, or until the year 2034, whichever first occurs,
that the Annual Capital Pledge shall be irrevocable. GCRSSD agrees that the
Annual Capital Pledge and the Operations and Maintenance Pledge shall be paid
to the City prior to any other financial obligations undertaken by GCRSSD after
the date of this Agreement and any informal obligations GCRSSD may have.
ENTERED into as of the day and year first above written.
ATTEST:
By:
Rachel Ellison, City Recorder
ATTEST:
Secretary
CITY OF MOAB
By:
Mayor David L. Sakrison
GRAND COUNTY RECREATION SPECIAL
SERVICE DISTRICT
By:
Mike Steele, Chair
Page 28 of 71
MOAB VALLEY MULTICULTURAL CENTER
Building bridges where language and culture are barriers
PO 55 Moab UT 84532
January 20, 2010
Dear Council Members,
The Moab Valley Multicultural Center (MVMC) is moving from its
present location to 154 North 100 West. This change in location will
bring the Center's education, cultural and social services closer to
Swanny Park, HMK Elementary, and Walnut lane.
MVMC is a 501 c3 non profit organization that provides a number of
services to the residents of the City, County, and the surrounding
area. We have recently increased the size of our after school
tutoring classes in response to demand. Our cultural programming
is aimed at fostering and celebrating Moab's Cultural Diversity
through film, art and dialogue. We work with the Courts and
Healthcare systems with translation and public education.
Individuals come to us seeking help navigating these systems.
In securing this location, MVMC was required to bring the building
to ADA code. This resulted in expenses of approximately $10,000.
One of these expenses is a cost of $236.88 to the City for the
Building Permit. (Receipt No. 16458 enclosed) The Moab Valley
Multicultural Center is asking the City of Moab to consider it's
service to the community and reimburse the Center for this
expense. Any help will be appreciated.
Thank you for your time and help in this matter.
Jose Tejada
President MVMC
Page 29 of 71
5-5
MOAB CITY CORPORATION
217 EAST CENTER STREET
MOAB UT 84532
Receipt No. 16458
Payment Date: 01 /19/2010
Time of Receipt: 01/19/2010 11:43:37
Payor: BUILDING PERMIT RESIDENTIAL - 4444
Payment Method: Check
Reference:1617 E-
Tendered: $236.88
Change: $0.00
Payment Total: $236.88
Description
JRJ CONSTRUCTION - BUILDING PERMIT #1861
JRJ CONSTRUCTION - BUILDING PERMIT #1861
JRJ CONSTRUCTION - BUILDING PERMIT #1861
Amount
188.00
47.00
1.88
$236.88
0
0
M
RS
a
Resolution #03-2010
A RESOLUTION APPROVING THE DRINKING WATER SOURCE PROTECTION PLAN
FOR THE LIONSBACK DEVELOPMENT.
WHEREAS, the City of Moab is the owner and operator of a public drinking water system that
supplies high quality drinking water to city residents and businesses; and
WHEREAS, it is in the City's best interest to ensure the future quality of its drinking water though the
regulation and monitoring of all activities that represent a potential contamination threat to the supply
aquifer; and
WHEREAS, the Lionsback development project, due to its location over the aquifer, is subject to
special requirements pertaining to any use or activity therein that represents a potential contamination
source; and
WHEREAS, the pre -annexation agreement by and between the City and the Lionsback development
project requires the preparation and approval of a site specific drinking water source protection plan;
and
WHEREAS, the development team of the Lionsback project and the City Engineering Department
have jointly developed a formal site specific plan entitled the Lionsback Development Drinking Water
Source Protection Plan, and dated January, 2010;
WHEREAS, the City has reviewed said plan and found that it provides for the appropriate mitigation
of all current and foreseeable potential contamination sources associated with the development site;
NOW THEREFORE, we, the Governing Body of the City of Moab do hereby approve and adopt that
plan entitled the Lionsback Development Drinking Water Source Protection Plan, and dated January,
2010, which will be applicable and enforceable by the City, the Lionsback Developer, and the
Lionsback Homeowners Association, within the limits of the Lionsback development.
Passed and adopted by action of the Governing Body of the City of Moab in open session this
26th day of January, 2010.
SIGNED:
David L. Sakrison, Mayor
ATTEST:
Rachel Ellison, Recorder
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Resolution #03-2010 Page 1 of 1
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LIONSBACK
DRINKING WATER SOURCE PROTECTION PLAN
For the
Lionsback Master Planned Development Project
Sand Flats Road Moab, Utah
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Revision #1
January 2010
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DRINKING WATER SOURCE PROTECTION PLAN
JANUARY, 2010
PREFACE
Title
The official title of this document is Drinking Water Source Protection Plan for the
Lionsback Master Planned Development Project. For convenience the terms
"Lionsback Drinking Water Source Protection Plan", "Lionsback DWSPP", or the
"Plan" may be used when referring to this document.
Introduction
The Lionsback development project is situated in an area where surface activities
may have an effect on the underlying groundwater, referred to as the Glen Canyon
Aquifer. This aquifer yields very high quality water and is the sole source of
drinking water serving the residents of the City of Moab and outlying
unincorporated areas.
The risk of a negative impact on the aquifer from the Lionsback
development is very low. However, the City of Moab, as the land use authority and
the public drinking water provider, and the owners/ developers of the Lionsback
project have both recognized the need to mitigate risks attributable to the use and
development of the project to the best extent practicable. The Lionsback Drinking
Water Source Protection Plan is designed to identify potential risks and provide
specific mitigation measures and requirements.
Development and Approval
The Lionsback Drinking Water Source Protection Plan has been developed jointly
by the Lionsback design team and the City of Moab. The format and content are
based on the requirements of the Lionsback Pre -Annexation Agreement (2008), and
information provided by the GROUND WATER SOURCE PROTECTION USERS'
GUIDE (Utah Division of Drinking Water, 2005). The Plan has been approved and
adopted by the Moab City Council by Resolution, and the requirements of the plan
are binding on the current and future owners of all or any part of the Lionsback
development. The components of the Plan will be deemed to be included in the
Lionsback Development and Phasing Agreement and enforceable by the City in the
manner provided for in the Development Agreement. In addition, the Plan will be
referenced in the Lionsback Homeowners Association Declaration of Covenants,
Conditions and Restrictions and will be monitored and enforced by the Lionsback
HOA.
Revision History
It is anticipated that corrections and revisions to the Lionsback Drinking Water
Source Protection Plan may be required as the development progresses. All
changes to the document must be formally approved by the City of Moab and with
each approved modification; a new version shall be prepared. Each revised version
shall be identified by a number and date. (e.g. Revision #1, January 2010)
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(INSERT COPY OF SIGNED RESOLUTION AFTER THIS PAGE)
iv
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DRINKING WATER SOURCE PROTECTION PLAN
JANUARY, 2010
TABLE OF CONTENTS
PLAN SUMMARY
HOW TO USE THIS PLAN
CHAPTER 1 - ADMINISTRATION
Section
101 Applicability
102 Designated Person
103 Submittal Requirements
104 Review and Approval Procedures
105 Maintenance & Record Keeping
106 Enforcement Provisions
CHAPTER 2 - DEFINITIONS
Section
201 General
202 Definitions
CHAPTER 3 - DRINKING WATER SOURCE PROTECTION
Section
301 General
302 Contamination Process Described
303 Potential Contamination Sources
CHAPTER 4 — MANAGEMENT PLAN FOR EXISTING POTENTIAL CONTAMINATION
SOURCES (PCS'S)
Section
401 General
402 Existing PCS's
403 Preconstruction Management Controls
CHAPTER 5 - MANAGEMENT PLAN FOR FUTURE POTENTIAL CONTAMINATION
SOURCES (PCS'S)
Section
501 General
502 Temporary PCS's
503 Future PCS's
504 Construction Controls and Long Term Measures
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CHAPTER 6 — INFRASTRUCTURE CONSTRUCTION REQUIREMENTS
Section
601 General
602 Developer Responsibilities
603 Contractor Responsibilities
604 Submittals
605 Sign -off Procedure
606 Potential Contamination Sources Identified
607 Required Mitigation Measures
608 Record Keeping
609 Contingency Plan
CHAPTER 7 — BUILDING CONSTRUCTION REQUIREMENTS
Section
701 General
702 Developer Responsibilities
703 Contractor Responsibilities
704 Submittals
705 Sign -off Procedure
706 Potential Contamination Sources Identified
707 Required Mitigation Measures
708 Record Keeping
709 Contingency Plan
CHAPTER 8 — PROPERTY OWNERS' REQUIREMENTS
Section
801 General
802 Developer Responsibilities
803 Property Owner (Individual) Responsibilities
804 Property Owners Association Responsibilities
805 Submittals
806 Potential Contamination Sources
807 Required Mitigation Measures
808 Record Keeping
809 Contingency Plan
CHAPTER 9 - PLAN UPDATES
Section
901 General
902 Periodic Revision
903 As -Needed Revision
LIST OF TABLES
Table 303.1: Inventory of Existing PCS's for Lionsback Development
Table 303.2: Inventory of Future PCS's for Lionsback Development
Table 805.1: Submittals Required by Chapter 8
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DRINKING WATER SOURCE PROTECTION PLAN
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LIST OF APPENDICES
Appendix A:
Appendix B:
Appendix C:
Appendix D:
Appendix E:
Appendix F:
Appendix G:
Appendix H:
Appendix I:
Lionsback Pre -Annexation Agreement — Section 8.0 Drinking Water
Source Protection
City of Moab - Drinking Water Source Protection Zone Map for Skakel
Spring
Lionsback Resort Preliminary Site Plan
EPA National Primary & Secondary Drinking Water Standards
List of the Most Common Potential Contamination Sources
Phase 1 Environmental Site Assessment (portions)
Lionsback Resort Preliminary Drainage Plan (portion)
Preliminary Geologic and Geotechnical Site Assessment —
Buckhorn/Geotech (portions)
Well Information for Water Well #UT10053476
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PLAN SUMMARY
The Lionsback Master Planned Development project, (referred to as the "Lionsback
Development", the "Development", or the "project") is situated in an area where surface
activities could potentially have an effect on the public drinking water supply for the
City of Moab. The proposed development will involve some temporary and permanent
activities and land uses that are considered to be a Potential Contamination Source
(PCS). After careful study, the City determined that the threat of contamination from
the proposed development is very low; however the City of Moab and the Developer
have agreed that protective measures should be implemented in connection with the
build -out of the Development to further minimize threats to the aquifer.
This document, Lionsback Drinking Water Source Protection Plan, (referred to as the
"Lionsback DWSPP" or the "Plan"), has been developed for the primary purpose of
identifying all possible potential contamination sources associated with the
Development and establishing appropriate mitigation measures. The Lionsback DWSPP
is specific to the development site and the associated improvements. The plan is
supplemental to all other general drinking water source protection requirements that
exist in City, County, State, and Federal regulations. Conformance with the Lionsback
DWSPP is required for all activities and uses that occur on the project site, and are
associated with the Development.
The Plan provides an explanation of how contamination of the aquifer could potentially
occur, and the term potential contamination source (PCS) is defined and the concept
explained. This background information should enable all plan users to gain a basic
understanding of the groundwater protection issues associated with the project site.
The plan contains an inventory of all existing and future PCS's anticipated for the
Lionsback project and indentifies the specific mitigation measures that will be
employed to minimize the small risk presented by the development. The primary
responsibility for implementation, monitoring and maintenance of mitigation measures
will initially be that of the Developer and the responsibility will be transferred to the
Homeowners Association as the project is built out.
Chapters specific to the Infrastructure Construction phase and the Building Construction
phase have been included that cover these activities in detail. Each chapter outlines the
possible contamination sources anticipated and describes the specific mitigation
measures that will be implemented. For each type of construction; individual roles and
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DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010 I
responsibilities are specified and enforcement authorities and procedures are
established.
In Chapter 8, the plan addresses the long term management and control of the ongoing
potential contamination sources associated with the development. The planned
management strategy includes measures such as design controls, special requirements,
construction protocols, prohibited practices, maintenance requirements, and education.
Procedures for periodic evaluation and updates to the overall plan have been included to
ensure that the mitigation measures continue to be effective in their implementation and
maintenance.
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How to Use This Plan
It is important that all parties who are required to comply with this plan understand their
roles and responsibilities in the implementation of the overall mitigation plan. The plan
has been broken down into Chapters and Sections to assist all plan users in quickly
locating the information necessary for them to perform their roles. Some provisions of
the plan apply only to specific parties, or persons engaged in specific activities. The
following paragraphs should prove helpful in determining your role.
If you are a representative of the project Developer:
You should become familiar with the entire plan as you play a key role in the
monitoring and enforcement of many elements of the plan, especially if you have been
assigned the role of Designated Person.
If you are a contractor performing infrastructure improvements (grading, roads,
utilities) work on the project:
You should read through Chapters 1 — 5, which provide information applicable to
everyone, and you should become very familiar with Chapter 6, which outlines your
specific responsibilities and provides detailed information on submittals, procedures,
specific requirements, and record keeping.
If you are a contractor performing building construction work or site
improvements on an individual lot within the Development:
You should read through Chapters 1 — 5, which provide information applicable to
everyone, and you should become very familiar with Chapter 7, which outlines your
specific responsibilities and provides detailed information on submittals, procedures,
specific requirements, and record keeping.
If you are the owner of an individual lot or unit within the development:
You should read through Chapters 1 — 5, which provide information applicable to
everyone, and you should become very familiar with Chapter 8, which covers
mitigation measures that will apply to you.
If you are a representative of the Homeowners Association:
You should become familiar with the entire plan as you play a key role in the
monitoring and enforcement of many elements of the plan. Chapter 8 covers the HOA's
specific roles and responsibilities.
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DRINKING WATER SOURCE PROTECTION PLAN
JANUARY, 2010
If you are a concerned citizen not directly involved in the Development in some
manner:
Chapters 1 - 5 provide a good overview of the overall mitigation plan for the
Development. If you are interested in detailed requirements of the plan that apply to
specific activities, refer to Chapters 6 — 8
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DRINKING WATER SOURCE PROTECTION PLAN
CHAPTER 1
ADMINISTRATION
JANUARY, 2010
Section 101
Applicability
The provisions of this plan shall apply to all property owners and all activities
associated with the Lionsback Development occurring on the project site. The plan
applies to both permanent uses, such as the use and occupancy of a dwelling unit; and
temporary uses such as construction activities and special events. Covered activities
include but are not limited to the following: construction activities such as site grading,
underground utility work, road construction, and building construction; landscaping,
activities associated with residential uses such as painting, yard maintenance, car
washing, and similar activities.
Section 102
Designated Person
Upon approval and adoption of this plan, by action of the City Council, the Developer
shall designate a responsible parry for the purposes of implementation and conformance
with this plan (referred to as: the "Designated Person"). The Developer's Designated
Person must be someone who has the authority to direct activities on the site and must
be able to be contacted within a reasonable amount of time. The assignment of the
Designated Person shall be in writing submitted in accordance with Section 103. The
designees may be changed over the course of the project; however any change will not
be effective until the City receives a letter from the Developer requesting a change of
designees.
Section 103
Submittal Requirements
103.1 Initial Submittals — Within 60 days following Council's approval of this plan,
the Developer shall submit to the City Public Works Director (with copies to the City
Planning and Engineering Depaiiments) a letter designating one person as Designated
Person and one person as an alternate contact.
103.2 Additional Submittals — Further submittals providing specific information for
particular activities will also be required. Information regarding the content, timing, and
procedure for additional submittals can be found in the corresponding section of
Chapters 6, 7, or 8 as applicable.
Section 104
Review and Approval Procedures
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Procedures for the review and approval of required submittals are detailed in the
corresponding sections of Chapters 6, 7, & 8.
Section 105
Maintenance & Record Keeping
All required mitigation measures and practices implemented on site shall be maintained
or replaced as necessary to ensure that they function as intended. All mitigation
measures shall be inspected on a regular periodic basis by the Designated Person. The
appropriate length of time between inspections will vary depending on the actual
measure and the nature of the hazard that is being mitigated, but in no case shall the
time period between inspections exceed 30 days. For every round of inspections an
inspection report shall be completed by the Designated Person on a standardized form.
Copies of all inspection reports shall be retained by the Designated Person and made
available to City or Building Depaitiuent staff upon request. Records will be available
for a period of 30 days following the termination of the particular mitigation measure or
90 days following the date of the inspection; whichever comes first.
Section 106
Enforcement Provisions
106.1 Enforcement Entities - All requirements of this Plan are enforceable by the City
of Moab, the Building Official, the Developer, and/or the Lionsback Homeowners
Association as applicable.
106.2 Stop Work Order - In the case of the City and the Building Department,
compliance with the requirements of this plan may be enforced by the issuance of a
Stop Work Order. If a Stop Work Order is issued, the Designated Person shall be
notified in writing and a brief description of the violation will be provided. When the
violation has been corrected to the satisfaction of the enforcing authority, the Stop Work
Order shall be withdrawn and the work may proceed.
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DRINKING WATER SOURCE PROTECTION PLAN
CHAPTER 2
DEFINITIONS
Section 201
General
JANUARY, 2010
For the purposes of interpreting and enforcing this Plan, the follow words or phrases
shall have the meaning ascribed to them in this Chapter
Section 202
Definitions
Building construction: All construction activities associated with the construction of a
building or other structure. Building construction includes only that site work
(earthwork, utilities, surface improvements, etc.) directly associated with the building or
structure. Building construction does not include site work intended to serve multiple
buildings, or the entire development.
Building Official: The officer or other designated authority charged with the
administration and enforcement of the building code, or a duly authorized
representative.
Contaminant: An undesirable substance not normally present, or an unusually high
concentration of a naturally occurring substance, in water or soil.
Contamination: The degradation of natural water quality as a result of man's
activities.
Designated Person: The person appointed by the Developer, the Contractor, and/or the
Homeowners Association to be the primary contact for all groundwater protection
issues and who is responsible for the conformance with the provisions of this plan.
Developer: The Lionsback Development Company, LLC, their successors and assigns.
DWSP program: The program to protect drinking water source protection zones and
management areas from contaminants that may have an adverse effect on the health of
persons.
DWSP Zone: The surface and subsurface area surrounding a groundwater source of
drinking water supplying a Public Water System, through which contaminants are
reasonably likely to move toward and reach such groundwater source.
Homeowners Association or HOA: The duly created Lionsback Homeowners
Association. (see also Property Owners Association)
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Infrastructure construction: All construction activities associated with improvements
that serve the project as a whole and not just an individual building. Includes grading,
utility work, road construction, irrigation systems, and similar.
Lionsback DWSPP or Plan: This document.
Management Controls: Any action, other than structural mitigation measures,
intended to mitigate the hazards associated with a potential contamination source.
(Examples: educational brochures, contingency plan, policy prohibiting the use of
herbicides or pesticides)
Potential contamination source (PCS): Any facility or activity that may potentially
contaminate ground water.
Project Site: All land area included in the boundaries of the Lionsback Development.
Property Owner: Any record owner of real property located within the Lionsback
development.
Property Owners Association: (see Homeowners Association)
Source protection area: see DWSP Zone
Structural Mitigation Measure: Physical mitigation measures such as fencing,
containment areas, or similar. Term used to differentiate from non-physical mitigation
measures such as education.
Wellhead: The physical structure, facility, or device at the land surface from or through
which groundwater flows or is pumped from subsurface, water -bearing formations.
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DRINKING WATER SOURCE PROTECTION PLAN
CHAPTER 3
JANUARY, 2010
DRINKING WATER SOURCE PROTECTION
Section 301
General
Public drinking water systems obtain the water that they provide to users from springs,
wells, reservoirs, and/or rivers referred to as sources. State and federal regulations
require that public drinking water systems protect their drinking water sources from
degradation to the quality of the water it produces. The appropriate protective measures
vary widely depending on whether the source is surface water or ground water, the
location of the source, and many others. Protective measures come in many different
forms and can be non-structural (such as land use ordinances, public education, etc.) or
structural (such as fencing around wells & springs, enhanced requirements for sewer
pipelines, containment areas for hazardous materials, etc.) In all cases the goal is to
eliminate or minimize the risk of contamination of the source.
Section 302
Contamination Process Described
302.1 Hydrogeologic Setting - The Glen Canyon Aquifer is considered to be an
unprotected aquifer. This means that no impervious layer (thick layer of clay, shale, or
unfractured bedrock) is present between the ground surface and the ground water level
that would prohibit surface water from percolating down to the aquifer. In addition, the
rock formations that make up the aquifer (primarily the Navajo sandstone) are known to
be highly fractured. Fractures (cracks or joints in the rock) can provide an easy route for
water to flow through the bedrock. Therefore, the Glen Canyon Aquifer is described as
an unprotected, fractured bedrock aquifer. This means that any liquid or dissolvable
material present on the ground surface could flow downward to the aquifer with little or
no filtering. Due to this "hydrogeologic setting", the City has designated most of the
land surface above the aquifer as a Drinking Water Source Protection Zone.
302.2 Ingredients Required for Contamination — There are four ingredients required
for contamination of the aquifer to occur. There must be: 1) A contaminant, a substance
that is hazardous to human health if present in drinking water. A list of the 87 drinking
water contaminants currently identified by the EPA is provided in Appendix D.; 2) a
sufficient quantity of the contaminant to cause elevated concentrations in the aquifer.
(The amount that constitutes a significantly quantity varies greatly depending on the
nature of the contaminant); 3) a release of the contaminant onto the ground surface or
subsurface. Releases can be intentional (in the case of application of insecticides,
herbicides, fertilizers, etc) or unintentional (in the case of leaking storage tanks, leaking
sewers, spilled materials, etc.); and 4) a method of transport for the contaminant to be
carried down to the saturated part of the aquifer (typically infiltrating rainwater,
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LIONSBACK DEVELOPMENT
snowmelt, or the contaminant itself if it is a large amount of liquid). This "ingredient
list" is somewhat of an oversimplification, however these four ingredients are found in
95%+ of all contamination occurrences; and the concept is very useful in understanding
and identifying potential contamination sources.
Section 303
Potential Contamination Sources
303.1 Definition — The State of Utah Division of Drinking Water defines a potential
contamination source as:
"...any facility or site that employs an activity or procedure that may potentially
contaminate ground water; and a hazardous substance is usually associated
with the procedures employed at the facility."
In other words a potential contamination source will have some or all of the ingredients
described in the previous paragraph, usually Ingredients 1 and 2. Two examples of
PCS's are provided below.
Example 1: Dry Cleaners. The process used to dry clean fabrics requires the use
of many chemical compounds. Many of by-products of these chemicals are
drinking water contaminants. In addition, a busy dry cleaner will require the
storage of sufficient quantities of these hazardous substances to cause concern.
(Ingredients 1 & 2) If the chemicals are stored, used, and disposed of properly,
contamination should not occur. However, if the chemicals are improperly
stored, improperly disposed, or are otherwise mishandled, ingredients 3 and 4
can develop and a contamination hazard now exists. Therefore the facility, the
dry cleaning business, is considered a PCS due to the hazardous substances
associated with it.
Example 2: Active or Abandoned Wells. Wells, especially water wells, provide
a direct conduit to the groundwater aquifer (Ingredient #4). Well equipment
such as submersible pumps may contain potential contaminants such as lead or
mercury that under sealed within the pump housing. (Ingredient # 1) A corroding
well pump can cause these materials to be release. Wells that are constructed,
operated, maintained and secured properly present minimal risk. Wells that were
improperly constructed and/or have not been properly maintained can result in
the development of Ingredients 2 and 3. In addition wells provide such a direct
conduit to the aquifer that they warrant special attention. There are many
instances where a contaminant plume has been traced to an abandoned well.
Therefore wells are considered a PCS because of the direct access to the aquifer
that they provide.
303.2 Managing PCS's - Any PCS located within a drinking water source area should
be managed and controlled to reduce or eliminate the hazard. In order to manage the
PCS, its location and properties must be known. All public drinking water systems
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JANUARY, 2010
within Utah are required to maintain an inventory of all PCS's that are located within
the protection zone.
303.3 The Lionsback PCS Inventory - The State of Utah Division of Drinking Water
(DDW) has compiled a list of 59 PCS's that public drinking water systems should
monitor. This list is attached as Appendix E. On the basis of the DDW list, together
with the Phase I Environmental Assessment report, a site specific inventory of existing
and future PCS's was compiled as shown in Tables 303.1 and 303.2 shown below and
on the next page.
TABLE 303.1: Inventory of Existing PCS's for Lionsback Development
Name of PCS
PCS No. in DDW
Guidance
Identified Hazards
Roadways — Sand Flats
Rd. and Hells Revenge
Rd.
#39
Hydrocarbons from leaking
fluids, de-icing salts &
chemicals, transport of
hazardous materials
Water well
#1
Possible corroded
submersible pump, direct
conduit to groundwater
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TABLE 303.2: Inventory of Future PCS's for Lionsback Development
Name of possible PCS
PCS No. in DDW
Guidance
Identified Hazards
Roadways — Sand Flats
Rd. and Hells Revenge
Rd. and internal roads &
parking lots serving
development
#39
Hydrocarbons from
leaking fluids, de-icing
salts & chemicals,
transport of hazardous
materials
Water well
#1
Possible submersible
pump, direct conduit to
groundwater
Sewer system serving
project including mains,
#43
Domestic wastewater
service connections,
manholes, and pumping
stations
Residential pesticide,
herbicide, and fertilizer
storage and use.
#37
Pesticides, herbicides,
and fertilizers, and/or
their by-products.
Car wash area planned
for Phase 4.
#6
Accumulated
concentrations of
hydrocarbons, salts,
concentrated cleaning
products and similar
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CHAPTER 4
JANUARY, 2010
MANAGEMENT PLAN FOR
EXISTING POTENTIAL CONTAMINATION SOURCES (PCS'S)
Section 401
General
This chapter covers the interim period from adoption date of the plan to the start of
construction activities. The chapter includes only the management of PCS's that
currently exist on the site. The management plan for future PCS's associated with the
development activities is covered in Chapters 5 — 8.
Section 402
Existing PCS's
Two PCS's currently exist on the project site (See Table 303.1). They are:
1. The existing water well located near the existing building the in north -central
portion of the site, and
2. The existing public roads traversing the site (Sand Flats Road and Hells
Revenge Road).
Section 403
Preconstruction Controls
403.1 Existing Water Well - The well is of fairly recent construction (2001) and likely
was cased and sealed in accordance with current requirements. The well will be
inspected to verify that the annular space was sealed with grout, and that the wellhead is
fitted with a locking cover. If these measures are not in place and cannot be safely
retrofitted, the well will be abandoned in accordance with state regulations. If the grout
seal and locking cover are in place, the area located within a 100-ft radius of the well
will be kept clear of any parked vehicles, construction materials and waste materials of
any type. With the described measures in place, the well, as a PCS, is considered
adequately controlled. To ensure that the well continues to be adequately controlled, the
Designated Person will inspect the existing well on a quarterly basis to make sure that
the well pump is in operational condition and that the wellhead remains secured.
Repairs will be made as necessary to maintain a secure wellhead.
403.2 Existing Public Roads — Sand Flats Road and Hells Revenge Road have been
designated by Grand County as a Class B, and Class D county road respectively. As
designated public roads there is a public right-of-way associated with each. The
Lionsback Development exercises no control over the management of the roads and the
roads have not been addressed in this plan. The Developer/Owner has installed a right -
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of -way fence along each side of Hells Revenge road to eliminate the off road travel that
used to occur.
[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
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CHAPTER 5
JANUARY, 2010
MANAGEMENT PLAN FOR
FUTURE POTENTIAL CONTAMINATION SOURCES (PCS's)
Section 501
General
This chapter outlines the management plan for the control of all PCS's associated with
the development in general terms. Specific mitigation controls for each identified PCS
will be covered in more detail in Chapters 7, 8, and 9.
Section 502
Temporary PCS's
Construction activities, both infrastructure and building construction, typically involve
the use of some potential groundwater contaminants such as fuels, lubricants, adhesives,
and finishes. The Division of Drinking Water does not include construction activities on
their PCS list because the quantities of the contaminants are usually small and the
duration of the activity is relatively short. However, given the relatively large scale of
the Lionsback project and the anticipated duration of construction activities, the
cumulative effects could occur. Therefore mitigation measures will be implemented for
all construction activity. Detailed descriptions of the planned mitigation are found in
Chapters 6 & 7.
Section 503
Future PCS's
Three new PCS's have been identified for the planned Lionsback development.
Together with the two existing PCS's that will remain, there will be five future PCS's.
These five PCS's are listed in Chapter 3, Table 303.2, and have been repeated below for
convenience.
1. Roads — Sand Flats Rd. and Hells Revenge Rd. and all internal roads & parking
lots serving development
2. Water well
3. Sewer system
4. Use of residential pesticides, herbicides and fertilizers
5. Centralized car wash area
Section 504
Construction Controls and Long Term Measures
It is the objective of the Developer to minimize or eliminate all hazards to the quality of
the groundwater. Several controls for the protection of the groundwater have been built
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into the actual design of the project. These built-in controls include the following:
Built-in Controls
• An overall site layout that accomplishes the desired density with minimal
disturbance of the existing site,
• Extension of the city sewer system to the project as opposed to using on -site
wastewater systems such as septic systems,
• A design that preserves all of the existing natural drainages on the site and
eliminates the need for stormwater detention or retention areas where
contaminants could accumulate, and
• Development of a site landscape design and landscaping standards that promote
the use of disease resistant, low water plants and severely restrict lawns to
minimize the need to use herbicides, pesticides, and fertilizers.
These and other similar features of the proposed development will minimize or
eliminate some of the potential contamination sources that would usually be associated
with more conventional developments.
All potential contamination sources cannot be eliminated by design alone. The site and
proposed development plan have been carefully evaluated to identify all potential
contamination sources. This inventory process is described in more detail in Chapter 3.
Each potential contamination sources identified will be mitigated through the use of
management controls. A listing of the major management controls that will be
implemented is provided below. Further detail on the implementation of the
management controls can be found in Chapters 6, 7, and 8.
Management Controls
• Road salt or other de-icing chemicals will not be used on the development's
private roads.
• Information intended to educate and raise awareness of the groundwater issue
will be distributed to future home owners on a regular basis.
• The Homeowners Association will sponsor periodic household hazardous waste
collection events to prevent the accumulation of unwanted pesticides,
herbicides, stains & varnishes, heavy duty cleaners, and similar.
It has been determined that the risk of groundwater contamination due to the activities
and uses associated with the development is very low. However, the Owner and
subsequently the Homeowners Association will treat any and all potential
contamination sources as if they were a major threat.
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DRINKING WATER SOURCE PROTECTION PLAN
CHAPTER 6
JANUARY, 2010
INFRASTRUCTURE CONSTRUCTION REQUIREMENTS
Section 601
General
This chapter covers the specific contamination hazards and mitigation controls for
infrastructure construction only. Any and all contractors involved in infrastructure
construction should also read Chapters 1 — 3 in detail.
Section 602
Developer's Responsibilities
The Developer will be responsible for ensuring compliance with the provisions of this
plan throughout the development process. All contractors bidding on the infrastructure
work will be alerted to the sensitive nature of the site and requirements of this plan. The
Developer is responsible for ensuring that the Contractor has submitted all required
materials and received all necessary sign -offs prior to any work being performed on the
project site.
Section 603
Contractor's Responsibilities
The Contractor shall be responsible for reading and understanding this plan and
maintaining a copy of the plan on the job site at all times. The Contractor shall assign
one Designated Person who will be the primary contact for the City and the Building
Department. The Contractor's Designated Person will be responsible to see that all
required submittals, sign -offs, site controls, and other measures required by this plan are
completed, approved, and maintained in proper condition as applicable.
Section 604
Submittals
The following submittals shall be required of all Contractors performing any type of
infrastructure work on the project. The submittal sign -off procedure is described in the
Section 605.
1. DWSP Site Plan
• This shall be a simple plan showing the designated location of vehicle
and equipment parking areas; material staging areas; storage area for
fuel, lubricants, and all other fluids; trash dumpsters, and toilet facilities.
(The plan should be as simple as possible, while still showing all
required information.)
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2. Sewer Pipe and Manhole Information
• Provide information on the source and exact type of pipe material to be
used for all sewer lines.
• Provide shop drawings of all sewer manholes to be used.
• Provide shop drawings for all sewer pumping stations.
• Provide a construction schedule for the installation of all water and
sewer mains associated with the project. (The schedules should include
both an overall timeline and a more specific description of the work to be
completed in the next three weeks. An updated schedule shall be
submitted as necessary).
3. Spill Action Plan
• A spill action plan may be required depending on the Contractor's
specific work activities and materials. If an action plan is required, it
shall include pertinent contact information, MSDS sheets for material of
concern, and a brief narrative of spill protocol. A simple plan template
will be provided by the City Engineer.
Section 605
Sign -off Procedures
605.1 Developer's Review - Prior to the start of any construction activities, the
Contractor shall provide all submittals to the Developer. Developer will perform an
initial review of the submitted materials to ensure that the submittal package is
complete and appears to be in conformance with this plan. The purpose of this initial
review is to make the City review as efficient as possible.
605.2 City Review — Upon completion of the Developer's review, the package is to be
submitted to the City Engineer. The City Engineer will not accept the submittal package
until it has been reviewed and approved by the Developer. The City Engineer will
review and take action on the submittal within a reasonable time period. Upon approval,
a copy of the submittal package bearing a stamp of approval will be returned to the
Developer and the Contractor, after which the Contractor may proceed with
construction activities, provided that all other necessary approvals such as grading
permits, building permits, and similar have been obtained. In the event that the City
Engineer determines that all materials are not in compliance, those portions that are in
compliance will be approved. The non -compliant submittals will be returned with
written direction provided.
Section 606
Potential Contamination Sources Identified
There are two PCS's associated with infrastructure construction that have been
identified:
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DRINKING WATER SOURCE PROTECTION PLAN
JANUARY, 2010
606.1 Sewer system — The project sewer system is considered a PCS because leaks in
the system could eventually lead to contamination. The sewer system is not a risk until
it is put into service, however proper materials, careful installation, and thorough testing
are the best defense against future leaks. Therefore the sewer system is addressed in this
chapter.
606.2 Fuels, lubricants, and other contaminants typically associated with
construction - Construction activities, both infrastructure and building construction,
typically involve the use of materials such as fuels, lubricants, cleaning products, which
can produce contaminant by-products. The Division of Drinking Water does not
identify construction activities as a significant PCS because the quantities of the
contaminants are usually small and the duration of the activity is relatively short.
However, given the relatively large scale of the Lionsback project and the anticipated
duration of construction activities, the cumulative effects could be significant.
Section 607
Required Mitigation Measures
The following mitigation measures are required:
607.1 Mitigation for Sewer System — All portions of the sewer system shall be
constructed in conformance with the State of Utah, Department of Environmental
Quality rules for sewer lines installed in drinking water source protection areas. The
rules current at the date of this plan are provided below. In the event that the State rules
are amended, whatever rules are current at the start of project construction shall be
followed.
a) Sewer lines both mains and service connections shall be ductile iron pipe with
mechanical joints or fusion welded high density polyethylene plastic pipe
(solvent welded joints shall not be accepted);
b) Lateral to main connection shall be accomplished with shop fabricated full
body wye fittings;
c) The sewer pipe to manhole connections shall made using a shop -fabricated
sewer pipe seal -ring cast into the manhole base (a mechanical joint shall be
installed within 12 inches of the manhole base on each line entering the
manhole, regardless of the pipe material);
d) Sewer pipe shall be laid with no greater than 2 percent deflection at any joint;
e) Trench backfill shall be compacted to not less than 95 percent of maximum
laboratory density as determined in accordance with ASTM Standard D-690;
f) Sewer manholes shall meet the following requirements:
(i) The manhole base and walls, up to a point at least 12 inches above the top of
the upper most sewer pipe entering the manhole, shall be shop -fabricated in a
single concrete pour.
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(ii) The manholes shall be constructed of reinforced concrete.
(iii) All sewer lines and manholes shall be air pressure tested after installation.
g) Structures used in sewer lift stations shall be limited to manhole type
structures that comply with the above provisions.
Exception: The provisions of paragraph 607.1 are not intended to prevent the use of
materials or methods that are superior to those stipulated with respect to leak
prevention. An alternative material or method may be approved by the City Public
Works Director at his discretion provided that sufficient evidence documenting the
superior performance of the proposed material or method is provided, and the City
Engineer concurs.
607.2 Mitigation for fuels, lubricants, and other contaminants associated with
construction — Methods of work and jobsite conditions shall comply with the following
provisions:
a) Fuel, lubricants, and other contaminants should be stored and handled offsite if
reasonably practicable.
b) If contaminants are stored on site, they must be located within a designated
containment area. The containment area should be located on fairly level
ground, lined with heavy duty plastic sheeting covered with sand, and
surrounded by a berm at least 12" high.
c) The volume of hazardous fluids stored on site shall never exceed 500 gallons
aggregate total.
d) All contaminants must be stored in durable water -tight containers when not
being used.
e) When a container is emptied it must be removed from the site within 24 hours.
Empty containers shall be disposed of in accordance with all applicable
regulations.
Section 608
Record Keeping
All structural mitigation measures must be maintained in good condition at all times.
Contractor shall comply with all record keeping provisions specified in Chapter 1.
Section 609
Contingency Plan
If a spill action plan is required (See Section 604), the Contractor shall provide a copy
to all personnel working on site. The contingency plan should be clearly explained to all
personnel and a copy of the contingency plan must be posted near the containment area.
6-4
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DRINKING WATER SOURCE PROTECTION PLAN
CHAPTER 7
JANUARY, 2010
BUILDING CONSTRUCTION REQUIREMENTS
Section 701
General
This chapter covers the specific contamination issues and mitigation controls for
building construction only. Any and all contractors involved in building construction
should also read Chapters 1 — 3 in detail.
Section 702
Design Review Committee Responsibilities
The Design Review Committee is an entity that will be created by the Owner and/or
HOA for the purpose of enforcing design guidelines for all buildings on the project.
Since this committee performs a complete review of building plans, it is logical that the
committee play a role in ensuring conformance to this plan. The Design Review
Committee will be will be responsible for ensuring compliance with the provisions of
this plan for all building activities conducted on the project site. The committee shall
provide all builders a copy of this plan and explain the applicable sections.
Section 703
Contractor Responsibilities
The General Contractor shall be responsible for reading and understanding this plan and
maintaining a copy of the plan on the job site at all times. The General Contractor shall
assign one staff member as the Designated Person who will be the primary contact for
the City, the Building Department, and the Homeowners Association if applicable. The
General Contractor shall be responsible for compliance with all specific requirements of
this chapter, and all other applicable provisions of this plant, by all personnel including
Sub -Contractors.
Section 704
Submittals
Prior to the start of any building activity on any lot or parcel the following submittals
shall be required of all Contractors performing any type of building work or site work
directly associated with a particular building. The sign -off procedure shall be as
described in this Chapter.
1. Site Housekeeping
a) A housekeeping site plan showing the designated location of vehicle and
equipment parking areas; material staging areas; storage area for all job
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LIONSBACK DEVELOPMENT
site fluids such as paints, stains, cleaning products, solvents, and similar;
trash dumpsters, and temporary toilet facilities.
2. Building Sewer
a) Information on the source and exact type of pipe material to be used for
all exterior sewer lines.
b) Plan drawing showing the location and depth of the sewer service stub to
the property, the proposed alignment of the building sewer, the location
of all planned cleanouts, and the general alignment of all other
underground utilities.
c) Detail drawing showing how the proposed connection of the building
sewer to the stubbed service line.
d) Approximate timeline for the installation of the building sewer and
connection to the sewer main.
e) Name and license information for Subcontractor who will be performing
the site utility work.
Section 705
Sign -off Procedures
The review and approval procedure for the required submittals is a two step process
outlined as follows:
705.1 Initial Review - The Contractor shall provide all required submittals to the
Lionsback Design Review Committee. The committee shall perform an initial review of
the submitted materials to ensure that the submittal package is complete and appears to
be in conformance with this plan. The committee shall return the package to the
Contractor with a brief letter stating that the package was found to be compliant, or if
not compliant, a list of items that need to be added or changed.
705.2 City Review — Upon completion of the initial review by the Committee, the
Contractor shall make any changes or add additional materials as necessary in response
to the Committee's comments. The Contractor shall then provide a copy of the
submittal package to the City of Moab Public Works Director. The City will not accept
the submittal package until it has received initial review per paragraph 705.1. The
Public Works Director or his authorized staff will review the submittals for
conformance with this plan, and accepted design practices. The Public Works Director
may, at his discretion, require modifications to the design based on the specific facts
and circumstances. Upon approval, a copy of the submittal package bearing a stamp of
approval will be returned to the Contractor. A building permit will not be issued until
the Public Works Director has reviewed and approved the submittal package.
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DRINKING WATER SOURCE PROTECTION PLAN
Section 706
Potential Contamination Sources Identified
JANUARY, 2010
The building sewer connection is the only PCS associated with building construction
that has been identified. Most contaminant containing products that were used in the
past on residential construction sites have been phased out and replaced with safer
products. Studies have confirmed that residential construction and demolition waste can
be considered inert, which is why such waste is still permitted to be disposed of in
unlined landfills.
706.1 Building Sewer Connection — Service connection sewer lines are more likely to
develop leaks than sewer mains. Leaks are often the result of poor installation and
backfilling practices; the use of improper materials; interference from trees,
foundations, and other buried utilities; and similar causes. A leak may not develop until
months or even years after the installation, but the cause of the leak usually originates
from the installation. Proper materials, careful installation, and thorough testing are the
best defense against future leaks.
Section 707
Required Mitigation Measures
The following mitigation measures are required:
707.1 Mitigation for Sewer System — All building sewer lines within the project shall
be constructed in conformance with the following provisions:
a) Pipe material shall be ductile iron pipe with mechanical joints or fusion
welded high -density polyethylene plastic pipe (solvent welded joints shall not
be accepted).
b) Pipe shall be carefully bedded using small competent material with a
maximum particle diameter of %".
c) Sewer pipe shall be laid with no greater than two percent deflection at any
joint.
d) Pipe trenches must be inspected and approved by the Building Official or
Public Works Director prior to the placement of any backfill.
e) Trench backfill shall be compacted to not less than 95 percent of maximum
laboratory density as determined in accordance with ASTM Standard D-690;
f) Provisions shall be made so that the building sewer, (with the exception of the
final joint(s), can be pressure tested after the pipe is backfilled..
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Section 708
Record Keeping
Contractor shall retain copies of all reports for compaction testing of sewer trench
backfill and pressure testing of building sewer line.
Section 709
Contingency Plan
Not required.
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DRINKING WATER SOURCE PROTECTION PLAN
CHAPTER 8
JANUARY, 2010
PROPERTY OWNERS' REQUIREMENTS
Section 801
General
This chapter covers the specific contamination issues and corresponding mitigation
controls associated with the long term uses planned for the development; specifically
single and multi -family residences and typical resort type activities. This chapter is
applicable to the Developer, individual property owners, Homeowners Association,
resort staff, and guests.
Section 802
Developer Responsibilities
The Developer is assigned the following responsibilities by this plan:
1. The assignment of an individual to act as Designated Person for all matters
pertaining to groundwater contamination; (see also Section 103)
2. The compliance of all unplatted future phases, platted but unsold lots, and all
common parcels that have not yet been officially accepted by the Lionsback
Homeowners Association;
3. All responsibilities assigned to the Homeowners' Association, until such time as
the association becomes an effective body politic, has held at least one annual
meeting, and has assigned a Designated Person as defined herein;
4. The periodic evaluation and update of this plan as outlined in Chapter 9;
5. The reporting, to the City Public Works Department, of any situation, intentional
or otherwise, that has the potential to cause groundwater contamination; and
6. All submittals specified in Section 805.
Section 803
Homeowners Association Responsibilities
The HOA is assigned the following responsibilities by this plan:
1. The assignment of an HOA officer to serve as the Designated Person for all
matters pertaining to groundwater protection; (see also Section 805)
2. The compliance of all property within the development, including common and
individually owned parcels, except for property still under the ownership of the
Developer;
3. The preparation and updating of a list of commonly available residential
herbicides and pesticides that may be used by property owners.
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4. The annual distribution of groundwater protection information to all property
owners.
5. The performance of required maintenance for the common car wash facility, and
keeping records of such maintenance for a period of two years to be made
available to City upon request.
6. The periodic evaluation and update of this plan as outlined in Chapter 9.
7. The reporting, to the City Public Works Department, of any situation, intentional
or otherwise, that has the potential to cause groundwater contamination.
Section 804
Property Owner (Individual) Responsibilities
Individual property owners are assigned the following responsibilities by this plan:
1. Educating themselves about groundwater quality protection through the reading
of this document and any other information publically available.
2. The use of only those pesticides and herbicides approved by the Homeowners
Association and the proper storage and disposal thereof.
3. The proper use of all stains, paints, sealers, preservatives, and similar liquids;
and the proper storage and expedient disposal thereof;
4. The reporting, to the City Public Works Department, of any situation or activity,
intentional or otherwise, that has the potential to cause groundwater
contamination.
Any owner of real property located within the Lionsback Development shall be
responsible for compliance, on the part of themselves, their guests, and anyone
performing services on their property. Owners should bear in mind that the purpose of
this plan is to protect the quality of the Moab's drinking water, including the water that
supplies the Lionsback Development.
Section 805
Submittals
The submittals required by this chapter are outlined in the following table.
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DRINKING WATER SOURCE PROTECTION PLAN
JANUARY, 2010
TABLE 805.1: Submittals Required by Chapter 8
Party(s)
Responsible
Description of Submittal
Submitted to:
Due Date/
Frequency
Developer
Letter with name and
contact information for
Developer's Designated
City Engineering
Department
Any time there is a
change in the
designee.
Person
Developer
Map showing all recorded
City Engineering
Department
Submit annually by
January 31, starting
the 1st calendar year
following the
approval of the first
Final Plat
lots and tracts with Record
Owner of each parcel
identified.
Developer
Operation & Maintenance
plan covering all
watershed protection
measures to be
implemented with the
central car wash facility.
Building
Department
One time submittal
required prior to a
Certificate of
Occupancy for car
wash structure.
Developer
Letter notification of any
common parcels that have
been turned over to the
HOA, together with the
HOA's written acceptance
of such parcel.
City Engineering
Department
Any time common
parcels are officially
turned over to the
HOA.
Property
Owner
(Individual)
None
NA
NA
Homeowners
Association
Letter with name and
contact information for
Designated Person
City Engineering
Department
Any time there is a
change in the
designee.
Homeowners
Association
Letter verifying the annual
distribution of
informational materials to
all property owners. A
copy of the distributed
materials shall be included.
City Engineering
Department
Submit annually by
February 15.
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LIONSBACK DEVELOPMENT
Section 806
Potential Contamination Sources Identified
The PCS's that will continue after the completion of construction were identified
previously in Table 303.2. The table is copied below for convenience. Following the
table, each PCS is described in more detail.
TABLE 303.2: Inventory of Future PCS's for Lionsback Development
Name of possible PCS
PCS No. in DDW
Guidance
Identified Hazards
Roadways — Sand Flats
#39
Hydrocarbons from leaking
fluids, de-icing salts &
chemicals, transport of
hazardous materials
Rd. and Hells Revenge
Rd. and internal roads &
parking lots serving
development
Water well
#1
Possible submersible
pump, direct conduit to
groundwater
Sewer system serving
#43
Domestic wastewater
project including mains,
service connections,
manholes, and pumping
stations
Residential pesticide,
#37
Pesticides, herbicides, and
fertilizers, and/or their by -
products.
herbicide, and fertilizer
storage and use.
Car wash area planned for
#6
Accumulated
concentrations of
hydrocarbons, salts,
concentrated cleaning
products and similar
Phase 4.
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DRINKING WATER SOURCE PROTECTION PLAN
JANUARY, 2010
806.1 Roadways — All roads can accumulate hazardous materials such as hydrocarbons
from vehicles leaking fluids, salts & other deicing products, striping paint residue, and
similar. Rainfall washes these accumulated materials into the storm drain system or
roadside ditches. If the contaminated runoff infiltrates into the soil, hazardous materials
can be carried down to the aquifer. This threat is directly proportional to the amount of
traffic, the frequency of precipitation, and the amount of road salt or similar applied. In
Moab, the low traffic volumes, infrequent rains and rare snowfalls mean that this
possible contamination threat is extremely small. The City considers the contamination
threat from roadways with much more traffic than Lionsback, and located much closer
to sources in other parts of the valley adequately controlled without mitigation.
806.2 Water well —Water wells are a threat because, by design, they provide a direct
conduit to the groundwater aquifer. Hundreds of wells already exist in the aquifer with
no known contamination. Wells that are properly constructed, maintained, and secured
will not cause adverse effects.
Mitigation measures:
1) Keep wellhead securely locked.
2) Perform period well maintenance as recommended by Utah Division of
Drinking Water.
806.3 Sewer system — The most frequent cause of groundwater quality problems is
septic system leach field effluent. Sewer systems counter this threat by collecting all
wastewater and transporting it to a centralized wastewater treatment facility. However,
improperly installed and/or damaged sewer systems can leak and if the leak is large
enough effluent could affect the aquifer. This threat is quite small. In fact miles of
sewer lines currently exist in DWSP zones, some in place as long as 30 years, with no
measureable effect. A properly installed sewer is considered adequately controlled.
806.4 Use of pesticides, herbicides and fertilizers — The use of these products by large
agricultural operations is the leading cause of groundwater contamination in the
Midwest. The massive scale of use, heavily concentrated products, and the frequency of
rainfall are the leading factors, however. When approved pesticides, herbicides and
fertilizers are used properly, they are considered adequately controlled. In fact, the
Moab golf course, likely the area's heaviest user of these products, surrounds the City's
primary drinking water sources and no measureable effects have occurred. Nonetheless,
precautions are easy to follow and will be implemented for the development.
806.5 Community vehicle wash facility — Washing vehicles can produce contaminants
such as hydrocarbons from oils & greases, organic compounds from solvents and other
cleaning products, and similar. The best way to deal with water from vehicle washing is
to collect it, give it some pretreatment, and then dispose of in the sanitary sewer system.
This is the purpose of the community car wash facility.
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LIONSBACK DEVELOPMENT
Section 807
Required Mitigation Measures
For each of the five identified PCS's, mitigation measures have been developed. Some
of these measures pertain to the overall plan and design of the project and are already
reflected by the Preliminary Site Plan. Specific mitigation measures are listed below by
the PCS that they address.
807.1 Roadways — Includes only the private roads internal to the development; does not
include Sand Flats Road and Hell's Revenge Road, which are public roads.
Mitigation measures:
1) The use of road salt and/or other deicing agents will be prohibited on the
Lionsback road system.
2) The HOA will contract for regular periodic street sweeping to occur a
minimum of one time per year.
807.2 Water Well — Refers to the existing water well located on the site.
Mitigation measures:
1) Keep wellhead securely locked.
2) Perform period well maintenance as recommended by Utah Division of
Drinking Water.
807.3 Sewer system — All mitigation measures for the sewer system take place during
the initial installation of the sewer. These measures are covered in Chapters 6 & 7.
807.4 Use of pesticides, herbicides and fertilizers — This refers to products used by
the HOA on the common areas, and products used by private individuals on their own
lots.
Mitigation measures:
1) The project has been designed to minimizes site disturbance thus
preserving as much native vegetative cover as possible and reducing the
need for product application.
2) All landscaping shall be in conformance with the project design
standards, which restrict landscapes such as grass lawns that require the
use of fertilizers and herbicides.
3) The HOA will maintain a list of approved products; and will provide
education to increase awareness of their proper use.
807.5 Community vehicle wash facility — The washing of vehicles on site is prohibited
by the covenants with the exception of the community car wash facility.
Mitigation measures:
1) Creation of centralized was facility with rinse water containment and
capture system.
2) Disposal of rinse water to sanitary sewer system.
3) Regular periodic maintenance of car wash facility by HOA.
8-6
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DRINKING WATER SOURCE PROTECTION PLAN
JANUARY, 2010
Section 808
Record Keeping
The HOA is responsible for keeping records of all maintenance activities on the well
and the car wash facility, and all informational mailings. The Designated Person shall
be responsible for the record keeping, and records must be kept in good order and made
available to City staff upon request. Maintenance records must be kept for a minimum
of two years.
Section 809
Contingency Plan
A simple one page document should be produced and distributed to all homeowners on
an annual basis. The document should include names and contact info for City Public
Works, City Police, Fire Department, and HOA Designated Person. In addition the
document should contain some brief procedures for homeowners to follow.
Example language:
In the event that an entire container of herbicide, pesticide or similar is spilled, take
action as follows:
DO NOT RINSE the spilled material into the ground with a water hose,
TAKE QUICK ACTION to limit infiltration as follows:
• If spilled on paved surface: Surround spill with absorbent towels and
rags, use as many as necessary to absorb all the material. Hang wet
clothes to air dry, then dispose of with household waste.
• If spilled on ground: Immediately dig up the saturated soil and place it
in a container or on a plastic tarp. Disposed of contaminated soil with
household waste.
8-7
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DRINKING WATER SOURCE PROTECTION PLAN
CHAPTER 9
PLAN REVISIONS
JANUARY, 2010
Section 901
General
The Lionsback project is a relatively large project that will be built out over several
years. It is anticipated that the plan may require amendments and/or updates as the
project progresses. Unforeseen situations may become apparent, and construction
methods and materials may change. The plan will be reviewed on a periodic basis, and
amended if warranted in accordance with Section 902.
Section 902
Plan Revision Procedure
The following procedure shall be followed in the review and amendment of this plan.
902.1 Periodic Review — The start of each new project phase will trigger a review of
the plan. (A total of five project phases are currently proposed.) The Developer and the
City will meet to discuss the implementation of the plan up to that date. If either party
determines that changes are necessary to make the plan effective, then a revised plan
will be produced and submitted to the City Council for approval. The current version of
the plan remains in full effect until a revised version is adopted by both the City
Council, and the Developer.
902.2 As -Needed Revision — All minor plan changes should be accomplished by the
periodic review process. If, however, it is determined that a more immediate revision is
necessitated in order to fulfill the intent of the plan, then an "as -needed" revision
process will commence. Only the Developer's Designated Person and the City Public
Works Director have the authority to initiate an as -needed revision. An "as -needed"
revision becomes effective upon approval by both of these parties. The revision will
remain in effect until the next Periodic Review, at which time the revision must be
ratified by the City Council. If the revision is not ratified by the council, the revision
language is nullified and is no longer effective from that point forward.
' 9-9
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Appendix A:
Appendix B:
Appendix C:
Appendix D:
Appendix E:
Appendix F:
Appendix G:
Appendix H:
Appendix I:
APPENDICES
Lionsback Pre -Annexation Agreement — Section 8 Drinking Water
Source Protection (2009)
Map of DWSP Zones for Skakel Spring
(Copied from Skakel Spring Drinking Water Source Protection Plan, City of
Moab, January 2001)
Lionsback Resort Preliminary Site Plan
EPA National Primary & Secondary Drinking Water Standards
(Copied from U.S. EPA's website, www.epa.gov/OGWDW/)
List of the Most Common Potential Contamination Sources
(Copied from GROUND WATER SOURCE PROTECTION USER'S GUIDE,
State of Utah, Department of Environmental Quality, Division of Drinking
Water, November 2005)
Phase 1 Environmental Site Assessment, selected sections
(Buckhorn/Geotech, 2007)
Lionsback Resort Preliminary Drainage Report, selected sections
(Foley & Associates, 2007)
Preliminary Geologic and Geotechnical Site Assessment, selection
sections
(Buckhorn/Geotech, 2007)
Well Log Information for Water Well #_
(Source: Utah Division of Water Rights)
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