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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 5-6 Resolution #03-2010 Page 1 of 1 Page 31 of 71 LIONSBACK DRINKING WATER SOURCE PROTECTION PLAN For the Lionsback Master Planned Development Project Sand Flats Road Moab, Utah Page 32 of 71 Revision #1 January 2010 5-6 LIONSBACK DEVELOPMENT [THIS PAGE INTENTIONALLY LEFT BLANK] Page 33 of 71 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) Page 34 of 71 .5-6 LIONSBACK DEVELOPMENT (INSERT COPY OF SIGNED RESOLUTION AFTER THIS PAGE) iv Page 35 of 71 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 Page 36 of 71 5-6 LIONSBACK DEVELOPMENT 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 Page 37 of 71 DRINKING WATER SOURCE PROTECTION PLAN JANUARY, 2010 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 Page 38 of 71 LIONSBACK DEVELOPMENT 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 Page 39 of 71 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. Page 40 of 71 LIONSBACK DEVELOPMENT 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. Page 41 of 71 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 Page 42 of 71 ■ 5-6 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 Page 43 of 71 LIONSBACK DEVELOPMENT 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. 1-2 Page 44 of 71 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) 2-1 Page 45 of 71 LIONSBACK DEVELOPMENT 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. 2-2 Page 46 of 71 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, Page 47 of 71 w5-6 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 Page 48 of 71 DRINKING WATER SOURCE PROTECTION PLAN 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 3-3 Page 49 of 71 LIONSBACK DEVELOPMENT 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 Page 50 of 71 DRINKING WATER SOURCE PROTECTION PLAN 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 - Page 51 of 71 Er 5-6 LIONSBACK DEVELOPMENT 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] 4-2 Page 52 of 71 DRINKING WATER SOURCE PROTECTION PLAN 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 Page 53 of 71 LIONSBACK DEVELOPMENT 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. 5-2 Page 54 of 71 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.) Page 55 of 71 LIONSBACK DEVELOPMENT 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: 6-2 Page 56 of 71 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. Page 57 of 71 IF- 5-6 LIONSBACK DEVELOPMENT (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 Page 58 of 71 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 Page 59 of 71 w5-6 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. Page 60 of 71 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.. 7-3 Page 61 of 71 LIONSBACK DEVELOPMENT 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. Page 62 of 71 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. Page 63 of 71 LIONSBACK DEVELOPMENT 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. 8-2 Page 64 of 71 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. 8-3 Page 65 of 71 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. 8-4 Page 66 of 71 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. 8-5 Page 67 of 71 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 Page 68 of 71 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 Page 69 of 71 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 Page 70 of 71 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) Page 71 of 71