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HomeMy Public PortalAboutPKT-CC-2013-03-26Moab City Council (4/1' arch 26, 201 PRE -COUNCIL WORKSHOP 6:30 PM REGULAR COUNCIL MEETING 7:00 PM CITY COUNCIL CHAMBERS CITY CENTER (217 East Center Street) Page 1 of 115 Page 2 of 115 Moab Co►nw►unity Meetings March 2013 5 M T March2013 W T April 2013 F 5 5 M T W T F 5 3 4 5 6 7 10 11 12 13 14 17 18 19 20 21 24 25 26 27 28 31 1 2 1 2 3 4 5 6 8 9 7 8 9 10 11 12 13 15 16 14 15 16 17 18 19 20 22 23 21 22 23 24 25 26 27 29 30 28 29 30 i rq ' v 2 VI ry N CO 2 Monday Tuesday Wednesday Thursday Friday Feb 25 26 27 28 Mar 1 4 5 6 7 8 4:00pm GCWB 6:00pm GCAB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC 3:30pm MARC 5:30pm MMAD 11 12 13 14 15 12:30pm GCCOA 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moab CC 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 3:00pm SFSC 4:00pm GWSSA 4:00pm GCSWSSD 5:00pm GCLB `30pm Moab PC. 7:00pm CVFP 18 19 20 21 22 3:00pm GC Council Work 7:00pm GC Council 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 25 26 27 28 29 12:00pm MTPSC 5:00pm SEUDHD 6:30pm Moab CC - 6:00pm GC PC 5:30pm CHCSSD 6:30pm Moab PC 11. 11:30am Joint City Council/County Council Meetin g (TBD) Moab City Recorder's Office 1 3/7/2013 1:51 PM Page 3 of 115 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday 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 GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly 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 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday 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 Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 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 SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 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 Updated on: 7/13/2012 RACalendar\zoiz\Community Calendar\2012 calendar entities.xlsx Page 4 of 115 Moab City Recorder's Office Moab Co►nw►unity Meetings April 2013 April 2013 5 M T W T F 5 5 M May 2013 T W T F 5 1 2 7 8 9 14 15 16 21 22 23 28 29 30 3 4 5 6 10 11 12 13 5 6 17 18 19 20 12 13 24 25 26 27 19 20 26 27 1 2 3 4 7 8 9 10 11 14 15 16 17 18 21 22 23 24 25 28 29 30 31 Lc) n oo a a °: a m g m Q Monday Tuesday Wednesday Thursday Friday Apr 2 3 4 5 4:00pm GCWB 6:00pm GCAB 3:00pm GC Council Work 3:30pm GCSDBE WorkSession 5:00pm KZMU Board Meeting 7:00pm GC Council 7:00pm CV-PLUC 3:30pm MARC 5:30pm MMAD 8 9 10 11 12 12:30pm GCCOA 12:00pm TRAIL 1:30pm GCSDBE Site Visit 3:00pm MVFPD 5:00pm GCCMD 6:30pm Moallir IM 12:00pm HASUB 6:00pm GC PC 6:00pm TSSSFD 7:00pm TSSD 4:00pm GWSSA 4:00pm GCSWSSD 5:00pm GCLB 6:30•m Moab PC 7:00pm CVFP 15 16 17 18 19 3:00pm GC Council Work 6:00pm GCSDBE 6:00pm GCRSSD 6:30pm CVTC 5:30pm MATCAB 6:00pm City Council Budget Workshop (City Counc it Chambers) 7:00pm GC Council 22 23 24 25 26 12:00pm MTPSC 6:30pm Moab CC M 6:00pm GC PC 5:30pm CHCSSD 6:30pm Moab PC 29 30 May 1 2 3 6:00pm City Council Budget Meeting (City Council Chambers) Moab City Recorder's Office 2 3/7/2013 1:51 PM Page 5 of 115 Entry Full Description Meeting location Dates CHCSSD Canyonlands Health Care Special Service District CCC 390 Williams Way Last Thursday CJC Grand County Children's Justice Center Moab Fire Department 45 South 100 East CVFP Castle Valley Fire Protection CV Fire Station #1 Castleton/LaSal Loop 2nd Thursday CV-PLUC Castle Valley Planning Land Use Committee Community Center #2 Castle Valley Drive 1st Wednesday CVTC Castle Valley Town Council Community Center #2 Castle Valley Drive 3rd Wednesday 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 GCCMD Grand County Cemetary Maintenance District Sunset Memorial Cemetary 2nd Tuesday GCCOA Grand County Council on Aging Grand Center 182 N 500 W 2nd Monday GCHEC Grand County Higher Education Committee USU Extension Office 4th Thursday GCHPC Grand County Historic Preservation Committee Moab Library 257 E. Center St. 2nd Thursday Qtrly 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 182 N 500 W 1st Monday GWSSA Grand Water & Sewer Service Agency 3025 East Spanish Trail Road 1st & 3rd Thursday HASUB Housing Authority of Southeaster Utah Board City Council Chambers 217 E. Center 2nd Wednesday 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 Thursday MTPSC Moab Tailings Project Steering Company County Council Chanbers 125 E. Center 4th Tuesday Qtrly MVFPD Moab Valley Fire Protection District Commission Moab Fire Department 45 South 100 East 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 SFSC Sand Flats Stewardship Committee 885 S. Sand Flats Road 2nd Thursday TRAIL MIX Trail Mix Grand Center 182 N 500 W 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 Updated on: 7/13/2012 RACalendar\zoiz\Community Calendar\m2 calendar entities.xlsx Page 6 of 115 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 Moab City Council Regular Council Meeting City Council Chambers Tuesday, March 26, 2013 at 6:30 p.m. 4111111111111111111111111111111111111111111111111111111111111111111 6:30 p.m. 7:00 p.m. SECTION 1: SECTION 2: SECTION 3: SECTION 4: SECTION 5: PRE -COUNCIL WORKSHOP CALL TO ORDER AND PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES CITIZENS TO BE HEARD DEPARTMENTAL UPDATES 3-1 Community Development Department 3 2 Engineering Department 3 3 Planning Department 3-4 Police Department 3 5 Public Works Department PRESENTATIONS NEW BUSINESS 5-1 Award and Approval of the Ballpark Concessionaire Contract S 2 Approval of a Moved -on Structure for Dwight Johnston, d.b.a. Cafe Kar, LLC to Conduct the Ballpark Concessionaire Contract at the Center Street Ballpark S 3 Approval of a Construction Contract with CB Earthworks for a Purchasing Exception for the 400 East Waterline Project S 4 Approval of Local Consent for a Full -Service Restaurant Liquor License for Pasta Jays, Incorporated to Conduct a Restaurant at 4 South Main Street S 5 Approval of a Request by Jon Olschewski for an Amplified Music Event at Old City Park on May 11, 2013 5-6 Approval of a Special Business Event License for Red Rock Relay Moab to Conduct a Six -Person Relay Race at Swanny City Park on May 10 to 11, 2013 5-7 Approval of a Request by Zack Collings, d.b.a. Red Rock Relay Moab for Special Use of Swanny City Park on May 10 and 11, 2013 S 8 Approval of a Special Business Event License for Raft for the Cure to Conduct an After River Party Fundraising Event at Swanny City Park on June 28 and 29, 2013 Page 7 of 115 5-9 Approval of a Request by Jason Taylor/Brian Merrill, d.b.a. Raft for the Cure for Special Use of Swanny City Park on June 28 and 29, 2013 5-10 Approval of a Special Business Event License for Rockwell Relay: Moab to St. George to Conduct a Road Bike Relay Race at Swanny City Park June 6 to 7, 2013 5-11 Approval of a Request by Anita Stewart, d.b.a. Rockwell Relay: Moab to St. George for Special Use of Swanny City Park on June 6 to 7, 2013 5-12 Approval of a License Agreement for the Use of City Property by and between the City of Moab and Business Resolutions, LLC 5-13 Approval of Proposed Resolution #05-2013 — A Resolution of the Governing Body of the City of Moab Establishing Rates for Security and Traffic Control Services for Private Events SECTION 6: READING OF CORRESPONDENCE SECTION 7: ADMINISTRATIVE REPORTS SECTION 8: REPORT ON CITY/COUNTY COOPERATION SECTION 9: MAYOR AND COUNCIL REPORTS SECTION 10: APPROVAL OF 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 115 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 26, 2013 AGENDA ITEM #: 5-1 & 5-2 / / Title: Award and Approval of Ballpark Concessionaire Contract and Moved -on Structure Fiscal Impact: N/A Staff Presenter(s): Rachel Stenta Department: Recorder Applicant: Dwight Johnston Background/Summary: The Ballpark Concessionaire terminated their contract and a Request for Proposals was completed for new concessionaire services. One proposal was received from Dwight Johnston. The proposal has been reviewed by staff and was found to be responsive and complete. As part of the concessionaire services contract, a Moved -on Structure Permit is required. As per the contract, the fees for this permit are waived. Options: Approve, table or deny. Staff Recommendation: I agree with Recreation Director John Geiger's recommendation to award the contract to Dwight Johnston. Recommended Motion: I move to award and approve the Ballpark Concessionaire Contract to Dwight Johnston. I moved to approve the Moved -on Structure Permit for Dwight Johnston to provide Concessionaire Services at the Moab City Ballpark. Attachment(s): Memo from John Geiger Proposal from Dwight Johnston Ballpark Concessionaire Contract Moved -on Structure Permit Application Page 9 of 115 CONCESSIONAIRE CONTRACT This CONTRACT is made and entered into this 26th day of March 2013, by and between CITY OF MOAB of Moab, Utah, a Municipal Corporation in the County of Grand, State of Utah, hereinafter referred to as the "City" and Dwight Johnston herein referred to as "Contractor". WITNESSETH: WHEREAS, the City advertised that sealed Proposals would be received for furnishing all labor, tool, supplies, equipment, materials and everything necessary and required for the Project described by the Contract and/or Contract Documents and known as BALLPARK CONCESSIONAIRE SERVICES; and WHEREAS, the City has awarded the contract to the above named Contractor, and said Contractor is now ready and able to perform the work specified in the Notice of Award, in accordance with the Contract and/or Contract Documents. NOW, THEREFORE, in consideration of the mutual promises and performances stated herein, the sufficiency of which all parties acknowledge, it is agreed as follows: ARTICLE 1 Contract Documents. It is agreed by the parties that the following list of instruments, drawings, and documents which are attached and incorporated by reference constitute and shall be referred to as the Contract, and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties: a. Request for Proposals for the Project; b. Written proposal submitted by the Contractor; c. Change orders, approved written instructions, and written contract amendments; ARTICLE z Definitions. In accordance with Article 1, the definition of items provided in the General Contract Conditions applies to their usage in the Contract. ARTICLE 3 Contract Work. The Contractor agrees to furnish all labor, tools, supplies, equipment, materials, and all that is necessary and required to complete the tasks Page 1 of 5 Page 10 of 115 associated with the Work described in the Contract Documents, as limited to those items as indicated in the Notice of Award. ARTICLE 4 Contract Time. The Contractor hereby agrees to commence work under the Contract on or before the date specified in a written Notice to Proceed from the City, and to substantially and fully complete the work December 31, 2015. ARTICLE 5 Contract Binding. The City and the Contractor each binds himself, partners, successors, assigns, and legal representatives to the other party hereto in respect to all covenants, agreements and obligations contained in the Contract. The Contract constitutes the entire agreement between the City and Contractor and may only be altered, amended or repealed by a duly executed written instrument. ARTICLE 6 Legal Compliance, Indemnity.Contractor hereby warrants that it is licensed and authorized to do business in the State of Utah; that it maintains complying policies for workers compensation coverage and that said coverage shall be in place for the duration of its performance under this Contract; that it maintains a suitable policy of motor vehicle and comprehensive general liability insurance and that said policy shall be in place for the duration of this Contract; and that it shall perform this Contract in compliance with all applicable local, state, and federal laws. a. Contractor hereby agrees to indemnify and hold the City, its officers, employees, and agents harmless from all demands, claims, suits, or liability, including costs of defense, as result of damages or losses to persons not a party to this agreement and deriving, directly or indirectly, from the actions, omissions, or breach of duties under this agreement by the Contractor, its officers, agents, employees, or subcontractors. ARTICLE 7 Venue, Choice of Law. The place of performance under this Contract is Grand County, Utah. In the event of any legal dispute concerning the subjects of this agreement the parties stipulate to jurisdiction and venue in the District Court, Grand County, Utah. This contract shall be construed in accordance with the laws of the state of Utah. ARTICLE 8 Costs and Damages. In the event of any legal dispute concerning the subjects of this contract, the substantially prevailing party shall be entitled to recover its reasonable attorney's fees and court costs, together with all actual damages from breach. It is Page 2 of 5 Page 11 of 115 understood that in no event shall the City be liable to Contractor for consequential damages. ARTICLE 9 Notice of Breach, Limitation of Actions. In the event of the occurrence of any material breach of the terms of this contract the non -breaching party shall deliver written notice of same to the other party not more than forty five (45) days from the discovery of the act, omission, event, or default constituting breach. Failure to provide notice of breach as provided herein shall result in any such claim being barred. Any legal action pursuant to this contract shall be filed not more than one year from the date of written notice of breach. a. Delivery of notice shall be deemed sufficient if personally delivered or sent by First Class mail as follows: City Recorder/Assistant City Manager City of Moab 237 East Center Street Moab, Utah 84532-2534 Contractor: Dwight Johnston 2390 Terrace Dr. Moab, Utah 84532 IN WITNESS WHEREOF, the City of Moab, Utah, has caused this Contract to be subscribed by its Mayor and sealed and attested by its City Recorder in its behalf; and the Contractor has signed this Contract as set forth below. City of Moab, Utah Date: By: Mayor ATTEST: City Recorder (Seal) Page 3 of 5 Page 12 of 115 Contractor: Date: By: Title State of Utah ) S County of Grand ) On the day of , personally appeared before me , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County Page 4 of 5 Page 13 of 115 Attachment A REQUEST FOR PROPOSAL TO PROVIDE CONCESSIONAIRE SERVICES FOR THE CITY OF MOAB RECREATION DEPARTMENT Page 5 of 5 Page 14 of 115 City of Moab 217 East Center Street Moab, Utah 84532-2534 Main Number (435) 259-5121 Fax Number (435) 259-4135 Mayor: David L. Sakrison Council: Kyle Bailey Jeffrey A. Davis Kirstin Peterson Gregg W. Stucki Doug McElhaney To: Moab City Council From: John Geiger, Moab City Recreation Director Date: March 20, 2013 Subject: Ballpark Concessions Services Contract Recommendation *********************************************************************************** I recommend the Moab City Council award the Ballpark Concessions Services contract to Dwight Johnston for the term of February 13, 2013 to December 31, 2015. Page 15 of 115 Proposal for Concessionaire at Ball Park Items to be Sold: Hamburgers French fries Sodas Candy Snow Cones Fruit & Coffee slushes Coffee Donuts at am events Concession will be staffed and managed by Dwight and Susie Johnston. Dwight has owned two restaurants and between the two of us we have provided food for various sized groups over the last 20 years. For the past two years, we have provided food for the Young Life banquet in November which is 200 people and the golf tournament in June which is over 100 people. Our business plan is to provide good food at a good price that will bring people to the ballpark as much as the games. Eventually, we want the word to get out in town that the ballpark is one of the best places to eat in town! It will be important to us to increase our sales at the park so that we remain open during some of the slower sports programs. We expect to work high school and middle school age kids who will be earning money for summer camp. There will be an adult in the concession stand at all times cooking and managing. All profits from the concession will be donated to Young Life for camp fund scholarships. We will provide a new concession trailer which enables us to grill and deep fry along with storing food and ice. There is a photo attached. Please note the school colors! Page 16 of 115 Page 17or11n la N STRU 13- Ca6e ifoifr7 c, i PROPOSED USE OF STRUCTURE: TYPE OF STRUCTURE: BUSINESS NAME: OWNER'S NAME I�Gi% /` \M‘//_-' ,,i2 OWNER'S PHONE: � �/ D - 3:2 • /9 MAILING ADDRESS: :23 e Off' , '7)�%� lr/ % yam-,' /efr- BUSINESS PHONE: 2 j7 33/ ADDRESS OF PROPOSED STRUCTURE'S LOCATION C� �%% ��- s /���� �GP-5- rott6rJ //,?i4 f1/2-- NAME OF PROPERTY OWNER (PRINT): C / / > J� h2fl0:6 (THE PROPERTY OWNER) AGREE TO ALLOW THE MOVED -ON STRUCTURE ON MY PROPERTY FOR THE TERM OF THIS PERMIT. PROPERTY OWNER'S SIGNATURE: SIGNATURE OF OWNER APPROVING LOCATION OF RESTROOM FACILITIES: USE OF RESTROOM FACILITIES: COMPLIE WITH MOVED -ON STRUCTURE ORDINANCE OYES NO ZONE: " *ThAU'PAR1F- Zoning Administrator's Signature: WANI A 4 MOVED -ON STRUCTURE FEE: i 1 % STATE TAX: BUILDING PERMIT REQUIRED: ❑ YES F NO BUILDING INSPECTOR'S SIGNATURE: DATE APPROVED BY CITY COUNCIL MOVED -ON STRUCTURE TERM: FROM Required inspections on back. To SIGNATURE OF CITY RECORDER $375.00 3.75 $378.75 s Page 1 of 1 Page 19 of 115 https://sphotos-b.xx.fbcdn.net/hphotos-ash4/403408_389177524497499_1837887688 n jpg 3/14/2013 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 26, 2°13 / / AGENDA ITEM #: 5-3 Title: 400 E Pack Creek Water Line Project Fiscal Impact: $43,200 Staff Presenter(s): Rebecca Andrus, City Engineer Department: Engineering Applicant/Vendor: CB Earthworks Background/Summary: See attached memo Options: Approve, Deny or Table Staff Recommendation: Approve the Contract Recommended Motion: I move to Approve the Contract for CB Earthworks for the installation of the 400 E Pack Creek Water Line in the amount of $43,200. Attachment(s): Staff Memo - Installation of the 400 East Pack Creek Water Line - CB Earthworks Construction Contract Cost estimate Page 20 of 115 CITY OF MOAB ENGINEERING DEPARTMENT CORRESPONDENCE March 19, 2013 Memo To: Donna Metzler, City Manager Rachel E. Stenta, City Recorder/Assistant City Manager From: Rebecca W. Andrus, City Engineer Subject: Installation of the 400 East Pack Creek Water Line Project — CB Earthworks On January 8, 2013 one of the city water mains ruptured at 400 East just South of Pack Creek Bridge. The pipe is one of the three main feeds into Moab and is essential to maintain adequate pressures for fire flow especially with the increasing demand as water use ramps up in the spring. Therefore, the work qualifies as an Essential Public Works Project. The pipe was temporarily shut off through the broken section. After a bit of research into the location and depth of the pipe it was determined that before the bridge was built, the water pipe ran under the road 5 to 6 feet. Once the bridge was built over the pipe, the depth of the pipe under the roadway is approximately 26 feet. It became clear that with the pipe at that depth we could no longer get to or maintain the waterline without a very large and deep excavation, which could potentially damage the bridge. Consequently, it became clear that to repair in its current position would not be economically feasible. We determined that the most reasonable method to resolve this issue is to go north and south of the Pack Creek Bridge to where the pipe is at an accessible depth, run a new water line down the center of 400 East through the bridge abutments and suspend the pipe from the Pack Creek Bridge. CB Earthworks performed the emergency repairs on the pipe when it first ruptured to restore water to the high school and the residences and businesses in the area of the break. They have also assisted in preparing the materials list for the project. CB Earthworks has the required experience, licensure, and insurance and has been selected perform the required work. The cost for installation as shown on the attached estimate is $43,200. Previously $100,000 was added to the budget as a Capital Project for the 400 East Pack Creek Water Line Project. The funds for the installation will be taken from that line item. Page 21 of 115 L11~ PO Box 1212 Moab, UT 84532 EARTHWORKS Name / Address City of Moab 217 East Center Street Moab UT 84532 Estimate Date Estimate # 3/14/2013 178 P.O. No. Project Item Description Qty Cost Total ** 400 East Water Line Replacement Project ** Water Main All equipment and labor to excavate, install, backfill/compact, 12" water line, casing and fittings. 1 26,000.00 26,000.00 Including import road base gravel for top of trench and under slabs Site Demolition Saw -cut, demo and dispose of asphalt along trench alignment and concrete apron slabs, including core drilling through abutment wall 1 6,600.00 6,600.00 Site Concrete Replace concrete apron slabs per spec 1 5,800.00 5,800.00 Site Work Certified welder for casing, fabricating and installing mounting plates as per design 1 4,800.00 4,800.00 Thank you for this opportunity. Total $43,200.00 Accepted By: Phone # Fax # E-mail 435-259-5986 435-259-5986 cjtcarter@frontiernet.net Page 22 of 115 CONSTRUCTION CONTRACT PROJECT TITLE: 400 EAST WATERLINE REPLACEMENT PROJECT This CONTRACT is made this the 26th day of March, 2013, by and between the City of Moab, 217 E. Center Street, Moab, Utah 84532, (hereinafter referred to as "CITY") and CB Earthworks, (hereinafter referred to as "CONTRACTOR") CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 CONTRACTOR shall complete all work as specified or indicated in the Contract Documents. The work is known as and is hereinafter referred to as 400 EAST WATERLINE REPLACEMENT PROJECT and is described in detail in the Contract Documents which contain the full scope of work. 1.02 CONTRACTOR shall complete, provide and perform, or cause to be performed, all work in a proper and workmanlike manner, with appropriate consideration for public safety and convenience, consistent with the highest standards of professional and construction practices and in full compliance with, and as required by or pursuant to, this Contract, and with the greatest economy, efficiency, and expediency consistent therewith all as more particularly described in the Contract Documents. ARTICLE 2 - CITY'S REPRESENTATIVE CITY has appointed a CITY'S REPRESENTATIVE (sometimes referred to as CITY REP and sometimes known as the Owner's Representative or Construction Manager) to manage this Project and to represent the CITY on the Project site. The CITY REP will assume all duties and responsibilities and will have all rights and authority assigned to the CITY REP in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Any references in the Contract Documents, or other pertinent documents, to the Engineer or Project Engineer shall mean the CITY REP. The CITY'S REPRESENTATIVE for this Project is: ARTICLE 3 - CONTRACT TIME Jeff Foster, Public Works Director 3.01 CONTRACTOR shall coordinate schedule with City. 3.02 Time is of the Essence. All of the time limits for Milestones, if any, for Substantial Completion and for Final Completion and readiness for final payment as stated in the Contract Documents, are of the essence of the Contract. 3.03 The Work shall be substantially complete within 30 calendar days after the date when the Contract Times commence to run based on the Notice to Proceed as provided in the Contract Documents, and all Work shall be finally completed and ready for final payment in accordance with the Contract Documents within 45 calendar days after the date when the Contract Time commences to run. Page 23 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project 3.04 Failure of CONTRACTOR to perform any covenant or condition contained in the Contract Documents within the time periods specified shall constitute a material breach of this Contract entitling CITY to terminate the Contract unless CONTRACTOR applies for and receives an extension of time, in accordance with the procedures set forth in the Contract Documents. 3.05 Failure of CITY to insist upon the performance of any covenant or condition within the time periods specified shall not constitute a waiver of CONTRACTOR'S duty to perform every other covenant or condition within the designated periods, unless a specific waiver is granted in writing for each such covenant or condition. 3.06 The CITY'S agreement to waive a specific time provision or to extend the time for performance shall not constitute a waiver of any other time provisions contained in the Contract Documents. Failure of CONTRACTOR to complete performance promptly within the additional time authorized in the waiver or extension of time agreement shall constitute a material breach of this Contract entitling CITY to all the remedies set forth herein or provided by law. ARTICLE 4 - LIQUIDATED AND SPECIAL DAMAGES 4.01 Liquidated Damages: A. It is hereby agreed that the amounts per day set forth herein in paragraph B. are reasonable estimates of such damages, that said amounts do in fact bear a reasonable relationship to the damage that would be sustained by CITY, and CONTRACTOR agrees to pay such liquidated damages as herein provided. B. CITY and CONTRACTOR recognize that time is of the essence of this Contract and that CITY will suffer financial loss, in addition to and apart from the costs described in Paragraph 4.02, if the Work and/or portions of the Work are not performed and completed within the times specified in Article 3, plus any extensions thereof allowed in accordance with the Contract Documents. Accordingly, CITY and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay CITY two hundred dollars and no cents ($200) for each calendar day that expires after the time specified in Article 3 for substantial completion, until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by CITY, CONTRACTOR shall pay CITY five hundred dollars and no cents ($500) for each day that expires after the time specified in Article 3 for final completion and readiness for final payment. CC - 1 Page 24 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project 4.02 Special Damages: In addition to the amounts provided for liquidated damages, CONTRACTOR shall pay CITY the actual costs reasonably incurred by CITY for the CITY REPRESENTATIVE, the Project Designer and for engineering and inspection forces employed on the Work for each day that expires after the time specified in Article 3 for Final Completion, including any extensions thereof made in accordance with the Contract Documents, until the Work is finally complete. The rate for CITY inspection services for this contract is $60 per hour. The rate for work by the CITY REPRESENTATIVES is $60 per hour. Each of these hourly rates is calculated at time and one half for work required to be performed during other than normal business hours. 4.03 CITY may withhold and deduct from any payment due to CONTRACTOR the amount of liquidated damages, special damages, and other damages incurred by the City as provided in the Contract Documents. ARTICLE 5 - CONTRACT PRICE CITY shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents the amounts set forth or calculated as specified in this Article 5. 5.01 For each item of work shown on the Bid Schedule as a lump sum (LS) unit, those amounts listed on the Bid Schedule attached as Exhibit B. All specific cash allowances are included in such lump sum unit price and have been computed in accordance with the Contract Documents. 5.02 For all Unit Price Work, an amount equal to the sum of the unit prices for each separately identified item of Unit Price Work, as indicated in Exhibit B, times the actual quantity of that item installed or constructed in the work, as determined by CITY REP in accordance with the Contract Documents. The unit prices listed on the Bid Schedule are all-inclusive of labor, material, profit, overhead, taxes and other miscellaneous costs pertinent to each work or bid item. The not -to -exceed total of all Unit Prices and all Lump Sum items as set forth in the Bid Schedule for the Base Bid is Forty Three Thousand Two Hundred_ Dollars and No Cents, ($43,200.00). As provided in the Contract Documents, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by CITY REP. In the event CONTRACTOR believes the quantities of any item of the Work will exceed the estimated quantities listed above, CONTRACTOR shall notify CITY REP before proceeding with that item of Work in order to allow CITY REP to document and record the actual quantities. If CONTRACTOR fails to notify CITY REP prior to proceeding with any item of the Work and CITY REP is unable to verify the actual quantities to his or her satisfaction, CONTRACTOR shall be bound to the quantities estimated by CITY REP. In the event that actual quantities used and incorporated into the Work for all Unit Price Work are less than the estimates shown in Exhibit B, then the contract price shall be adjusted downward proportionately based upon the specified unit prices and the actual quantities used. CC-2 Page 25 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project ARTICLE 6 - PAYMENT PROCEDURES 6.01 CONTRACTOR shall submit completed Applications for Payment in accordance with the Contract Documents. No payment application will be considered complete unless it is accompanied by an updated Construction Progress Schedule and a certification that the on - site, red lined, as -built drawings are up to date. Each application for payment shall constitute a certification by the Contractor that all statements contained in the application are true and correct and that the work represented in the application is complete to the extent specified and done in conformity with the Contract Documents. Completed Applications for Payment will be processed by CITY REP as provided in the Contract Documents. 6.02 Progress Payments: A. On or before the first (1st) day of each month after the date when the Contract Time commences to run, CONTRACTOR shall submit to CITY REP, for review, completed Applications for Payment covering Work performed during the preceding calendar month. Provided a pay application is complete and submitted on or before the first of each month, the CITY will make monthly progress payments based on the progress of the Work, as shown on CONTRACTOR'S Application for Payment, and as certified and approved by CITY REP and measured by the schedule of values provided for in the General Conditions on or before the 15th of each month, subject to the other conditions set forth herein and in the other Contract Documents. Complete pay applications submitted after the first of each month shall be due on or before twenty five (25) days from the date of submittal to the CITY REP, provided that they are certified for payment. B. To insure the proper performance of the contract CITY shall retain five percent (5%) of the amount of each approved progress payment until the Work is certified by the City Rep as being Substantially Complete. C. CITY may withhold and deduct from progress payments, retention proceeds, or final payment an amount equal to CITY'S estimate of the liquidated damages then due, or that would become due based on CITY'S estimate of late completion of the Work, together with such other sums as are provided in these Contract Documents. 6.03 Final Payment: Upon final completion and acceptance of the Work and upon compliance with all other terms and conditions of the Contract Documents, CITY shall pay the remainder of the Contract Price, including retainage withheld, less such deductions as may be withheld to cover claims in accordance with state law and the Contract Documents, and to cover liquidated and special damages and other charges owing to CITY. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS As part of the inducement for CITY to enter into this Contract, CONTRACTOR makes the following representations: 7.01 CONTRACTOR has examined and carefully studied the Contract Documents (including any Addenda) and other related data identified in the Bidding Documents, including "technical data" and all federal, state and local laws, ordinances, standards, rules and CC-3 Page 26 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.02 CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) the reports of investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and underground facilities) and the drawings of physical conditions in or relating to existing surface or subsurface structures, at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing all the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. The reports and drawings available to CITY are listed in the Supplementary Conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that CITY and CITY'S REP do not assume responsibility for the accuracy or completeness of information and data shown or indicated therein with respect to Underground Facilities at or contiguous to the site. CONTRACTOR acknowledges full responsibility for locating and resolving any conflicts with any Underground Facilities. 7.03 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 7.04 CONTRACTOR has made or caused to be made examinations, investigations, tests, studies and related data as he deems necessary, and CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract times and in accordance with the other terms and conditions of the Contract Documents. 7.05 CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies, reports, and data, with the terms and conditions of the Contract Documents. 7.06 CONTRACTOR has given CITY REP written notice of all conflicts, errors, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by CITY is acceptable to CONTRACTOR, and the Contract Documents are sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. CONTRACTOR assumes full responsibility and liability for any conflicts, errors or discrepancies in the Contract Documents, including, but not limited to, the specifications, design and engineering for the project, for which written notice has not been provided and which an adequate review by CONTRACTOR would have revealed. ARTICLE 8 - CONTRACT DOCUMENTS, DRAWINGS AND ADDENDA The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the Work consist of those listed below. There are no Contract Documents other than the following: CC-4 Page 27 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project 8.01 The Contract 8.02 Estimate as attached 8.03 The Construction Drawings 8.04 APWA Manual of Standard Specifications, 2007 Edition 8.05 APWA Manual of Standard Plans, 2007 Edition 8.06 Moab City Design Standards and Public Improvement Specifications (September 1999) 8.07 General Conditions (pages 1 to 47, inclusive) 8.08 Notice to Proceed to be issued after Contract award, prior to construction. 8.09 The following which may be delivered or issued after the Effective Date of this Contract and are not attached hereto: A. Written Amendments; B. Work Change Directives; C. Change Order(s). ARTICLE 9 - INSURANCE 9.01 General Insurance Requirements: A. CONTRACTOR, at its own expense, shall purchase and maintain insurance of the types and amounts required in this section, with companies possessing a current A.M. Best, Inc. rating of B++6, or better and legally authorized to do business in the State of Utah with policies and forms satisfactory to CITY. B. Policies written on a "Claims made" basis are not acceptable without written permission from the City's Attorney. C. All insurance required herein shall be maintained in full force and effect until all work or services required to be performed under the terms of this Agreement is satisfactorily completed and formally accepted. Failure to do so may, at the sole discretion of CITY, constitute a material breach of this Agreement and may result in termination of this contract. D. If any of the insurance policies are not renewed prior to expiration, payments to the CONTRACTOR may be withheld until these requirements have been met, or at the option of the City, the City may pay the Renewal Premium and withhold such payments from any monies due the CONTRACTOR. E. All insurance policies, except Workers' Compensation and Professional Liability required by this Agreement, and self -insured retention or deductible portions, shall name, to the fullest extent permitted by law for claims arising out of the performance of this contract, the City of Moab, its agents, representatives, officers, directors, officials and employees as Additional Insureds. F. CONTRACTOR's insurance shall be primary insurance over any insurance available to the CITY and as to any claims resulting from this contract, it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the described insurance. CC-5 Page 28 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project G. The insurance policies, except Workers' Compensation, shall contain a waiver of transfer rights of recovery (subrogation) against CITY, its agents, representatives, officers, directors, officials and employees for any claims arising out of CONTRACTOR 's acts, errors, mistakes, omissions, work or service. H. The insurance policies may provide coverage which contain deductibles or self - insured retentions. Such deductible and/or self -insured retentions shall be assumed by and be for the account of, and at the sole risk of CONTRACTOR. CONTRACTOR shall be solely responsible for the deductible and/or self -insured retention. The amounts of any self -insured retentions shall be noted on the Certificate of Insurance. CITY, at its option, may require CONTRACTOR to secure payment of such deductibles or self -insured retentions by a Surety Bond or an irrevocable and unconditional letter of credit. Self -insured retentions in excess of $10,000 will not be accepted except with permission of the Management Services Director/designee. I. All policies and certificates shall contain an endorsement providing that the coverage afforded under such policies shall not be reduced, canceled or allowed to expire until at least thirty (30) days prior written notice has been given to CITY. J. Information concerning reduction of coverage on account of revised limits or claims paid under the General Aggregate, or both, shall be furnished by the CONTRACTOR with reasonable promptness in accordance with the CONTRACTOR's information and belief. K. In the event that claims in excess of the insured amounts provided herein, are filed by reason of any operations under this contract, the amount of excess of such claims, or any portion thereof, may be withheld from payment due or to become due the CONTRACTOR until such time as the CONTRACTOR shall furnish such additional security covering such claims as may be determined by the CITY. 9.02 Proof of Insurance - Certificates of Insurance A. Prior to commencing work or services under this Agreement, CONTRACTOR shall furnish to CITY Certificates of Insurance, issued by CONTRACTOR's insurer(s), as evidence that policies providing the required coverages, conditions and limits required by this Agreement are in full force and effect and obtain from the City's Risk Management Division approval of such Certificates. B. If a policy does expire during the life of this Agreement, a renewal certificate must be sent to the City of Moab five (5) days prior to the expiration date. C. All Certificates of Insurance shall identify the policies in effect on behalf of CONTRACTOR, their policy period(s), and limits of liability. Each Certificate shall include the job site and project number and title. Coverage shown on the Certificate of Insurance must coincide with the requirements in the text of the contract documents. Information required to be on the certificate of Insurance may be typed on the reverse of the Certificate and countersigned by an authorized representative of the insurance company. D. CITY reserves the right to request and to receive, within 10 working days, certified copies of any or all of the herein required insurance policies and/or endorsements. CITY shall not be obligated, however, to review same or to advise CONTRACTOR of any deficiencies in such policies and endorsements, and such receipt shall not relieve CC-6 Page 29 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project CONTRACTOR from, or be deemed a waiver of CITY's right to insist on, strict fulfillment of CONTRACTOR's obligations under this Agreement. 9.03 Required Coverage - Such insurance shall protect CONTRACTOR from claims set forth below which may arise out of or result from the operations of CONTRACTOR under this Contract and for which CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or by a Sub -consultant or subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Coverage under the policy will be at least as broad as Insurance Services Office, Inc., policy form CG00011093 or equivalent thereof, including but not limited to severability of interest and waiver of subrogation clauses. A. Claims under Workers' Compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; B. Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; D. Claims for damages insured by usual personal injury liability coverage; E. Claims for damages, other than to Work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; F. Claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; Coverage will be at least as broad as Insurance Service Office, Inc., coverage Code "I" "any auto" policy form CA00011293 or equivalent thereof. G. Claims for bodily injury or property damage arising out of completed operations; H. Claims involving contractual liability insurance applicable to the Contractor's obligations under the Indemnification Agreement; I. Claims for injury or damages in connection with one's professional services; J. Claims involving construction projects while they are in progress. Such insurance shall include coverage for loading and offloading hazards. If any hazardous material, as defined by any local, state or federal authorities are to be transported, MCS 90 endorsement shall be included; 9.04 Commercial General Liability - Minimum Coverage Limits: The Commercial General Liability insurance required herein shall be written for not less than $1,000,000 limits of liability or ten percent (10%) of the Contract Price, whichever coverage is greater. Any combination between general liability and excess general liability alone amounting to a minimum of $1,000,000 per occurrence (or 10% per occurrence) and an aggregate of $2,000,000 (or 20% whichever is greater) in coverage will be acceptable. The Commercial General Liability additional insured endorsement shall be as broad as the Insurance Services, Inc's (ISO) Additional Insured, Form B, CG 20101001, and shall include coverage for CONTRACTOR's operations and products, and completed operations. CC-7 Page 30 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project 9.05 General Liability - Minimum Coverage Limits A. The General Liability insurance required herein, including, Comprehensive Form, Premises -Operations, Explosion and Collapse, Underground Hazard, Products/Completed Operations, Contractual Insurance, Broad Form Property Damage, Independent Contractors, and Personal Injury shall be written for Bodily Injury and Property Damage Combined shall be written for not less than $1,000,000 or 10% of the contract cost and with a $2,000,000 aggregate. B. Automobile Liability: CONTRACTOR shall maintain Commercial/Business Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence with respect to any owned, hired, and non -owned vehicles assigned to or used in performance of the CONTRACTOR's work. Coverage shall be at least as broad as coverage code 1, "any auto", (Insurance Service Office, Inc. Policy Form CA 00011293, or any replacements thereof). Such insurance shall include coverage for loading and off loading hazards if hazardous substances, materials or wastes are to be transported and a MCS 90 endorsement shall be included with coverage limits of $5,000,000 per accident for bodily injury and property damage. 9.06 Worker's Compensation and Employer's Liability: A. CONTRACTOR shall maintain Workers' Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction over CONTRACTOR's employees engaged in the performance of the Work or Services; and, Employer's Liability insurance of not less than $1,000,000 for each accident, $1,000,000 disease coverage for each employee, and $1,000,000 disease policy limit. B. In case any Work is subcontracted, CONTRACTOR will require the Subcontractor to provide Workers' Compensation and Employer's Liability to at least the same extent as required of CONTRACTOR. ARTICLE 10 - INDEMNIFICATION To the fullest extent permitted by law, CONTRACTOR shall defend, indemnify and hold harmless the City of Moab, its agents, representatives, officers, , officials and employees from and against all claims, damages, losses and expenses (including, but not limited to, attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services of the CONTRACTOR, its employees, agents, or any tier of subcontractors in the performance of this Contract. CONTRACTOR'S duty to defend, hold harmless and indemnify the City of Moab, its agents, representatives, officers, directors, officials and employees shall arise in connection with any claim, damage, loss or expense relating to, arising out of, or alleged to have resulted from any acts, errors, mistakes, omissions, work or services in the performance of this contract including any employee of the CONTRACTOR or any tier of subcontractor or any other person acting by, for, or with the consent of CONTRACTOR in the performance of the Work. The amount and type of insurance coverage requirements set forth herein will in no way be construed as limiting the scope of the indemnity in this paragraph. CC-8 Page 31 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project ARTICLE 11 - ARTICLE 12 - MISCELLANEOUS 12.01 Terms used in this Contract which are defined in the General Conditions, shall have the meanings indicated in the General Conditions. 12.02 The failure of any party to enforce against another party any provision of this Contract shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Contract. 12.03 CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in these Contract Documents. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and year first written above. This Contract will be effective on March 27 2013. FOR THE CITY OF MOAB ATTEST: MAYOR Acting City Recorder FOR THE CONTRACTOR ATTEST: If Corporation Signature Secretary STATE OF UTAH ) )s COUNTY OF GRAND ) On the day of , personally appeared before me CC-9 Page 32 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project , who duly acknowledged to me that they executed the same. Notary Public My Commission Expires: Residing in: Grand County CC - 10 Page 33 of 115 City of Moab — Construction Contract 400 E Waterline Replacement Project Exhibit A ARTICLE 13 - PAYMENT AND LIEN WAIVER This payment and lien waiver is made and executed this day of , 20 by ("Subcontractor") in favor of the City of Moab, a Utah municipality ("City"), and ("Contractor"). Subcontractor acknowledges receipt of the sum of $ , check number , in partial satisfaction of sums owing for labor, materials, or construction services pursuant to a subcontract between Contractor and Subcontractor in connection with the project owned by the Oty and located at (address). Upon receipt of the funds referenced herein, Subcontractor waives any and all rights against Contractor, the City, or applicable bond sureties to sue or seek compensation with respect to the sums paid, or for labor, materials, or construction services provided through the date of this release. This release extinguishes any claim or right of action pursuant to U.C.A.§ 63-56-38 and § 14-1-19, as amended. This release does not apply to labor, materials, or construction services provided subsequent to the date referenced above. By: Subcontractor Title: CC - 11 Page 34 of 115 AGENDA S V MMA RY MOAB CITY COUNCIL MEETING March 26, 2023 , AGENDA ITEM #: 5-4 Title: Approval of Local Consent of a Full -Service Liquor License for Pasta Jay's, Incorporated Fiscal Impact: None Staff Presenter(s): Rachel Stenta, City Recorder Department: Recorder/Treasurer Applicant: Pasta Jay's, Incorporated Background/Summary: Pasta Jay's is an existing licensee with both the City and the State and they are changing their State Liquor License to reflect a new name. Their City License remains the same, however local consent is necessary from the City to alter the name on their D.A.B.C. license.. 1 Options: The Council may approve, approve with conditions, deny or postpone the item Staff Recommendation: Staff recommends Approval of the Local Consent of the Full -Service Liquor License Recommended Motion: I move to approve the Local Consent of a Full - Service Liquor License for Pasta Jay's, Incorporated. Attachment(s): Local Consent Form jAagenda\03-26-20I Kagenda summary sheet pasta jays.dOCX Page 35 of 115 FULL -SERVICE RESTAURANT LIQUOR LICENSE Local Consent PURPOSE: Local business licensing authority provides written consent to the Alcoholic Beverage Control Commission (1) to issue an on -premise alcohol license for a person to store, sell, offer for sale, furnish, or allow the consumption of an alcoholic product on the premises of the applicant; and (2) to authorize a variance reducing the proximity requirements AUTHORITY: Utah Code 32B-1-202; 32B-5-201 through 203; 32B-5-205 and -206 Moab ,j4 City [ ] Town [ ] County Local business license authority hereby grants its consent to the issuance of a full -service restaurant liquor license to: Business Name (DBA): Pasta Jay's, Inc. Applicant Entity/Business Owner: Pasta Jay's Inc / Jay Elowsky, President Location Address: 4 S Main, Moab, UT 84532 Authorized Signature Name/Title Date LOCAL CONSENT FOR PROXIMITY VARIANCE In accordance with Utah Code 32B-1-202, the local authority also grants consent to a variance regarding the proximity of this establishment relative to a public or private school, church, public library, public playground, or park. Authorized Signature Name/Title Date This is a suggested format. A locally produced city, town, or county form is acceptable. Local consent may be faxed to the DABC at 801-977-6889 or mailed to: Department of Alcoholic Beverage Control, PO Box 30408, Salt Lake City, UT 84130-0408 DABC Local Consent 1/2012 Page 36 of 115 I 1 i AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 26, 2°13 / AGENDA ITEM #: 5-5 Title: Request by Jon Olschewski for and Amplified Music Event at Old City Park on May 11, 2013 Fiscal Impact: None Staff Presenter(s): NA Department: Parks Applicant: Jon Olschewski Background/Summary: Use of amplified sound equipment at Old City Park is not permitted without special permission of the City Council. Options: Approve, Approve with conditions, Deny or postpone Staff Recommendation: City staff recommend approval of the request. Approval is subject to compliance with all Parks Policies, which provides that approved sound amplification shall not extend beyond 9 pm. Recommended Motion: Jon Olschewski for amplified music at Old City Park on May 11, 2013" Attachment(s): Please see attached letter from Jon Olschewski. Page 37 of 115 Monday March 11, 2013 Mayor and Moab City Council 217 E. Center St. Moab, Utah 84532 RE: Old City Park Dear Mayor and Council, I would like to request the use of the Old City Park an amplified music event. The date and time of this event will be Saturday May 11t`, 12 P.M. noon until 9P.M.. This event will consist of local musical talent and (Utah based) talent. This local showcase of music and art is the only outdoor event of its kind. This will be a free concert open to the entire community. The Moab Arts Council has given wonderful support in the past as has this council. Moab local support has also been terrific. Thank you for considering these requests. Sincerely, Jon Olschews 440 E. 20 Moab, Utah 84532 435-258-6086 Page 38 of 115 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 26, 2013 AGENDA ITEM #: 5-6 & 5-7 Title: Special Event License and Special Use of Swanny City Park for Red Rock Relay Fiscal Impact: Law Enforcement and Other City Services are needed to support this event Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: Zack Collings, Red Rock Relay Background/Summary: Red Rock Relay has applied for use of Swanny City Park as well as a Special Business Event License to conduct their annual Moab Red Rock relay, which starts and ends at Swanny City Park. The requested dates for the event are May 10 and 11, with all -day park use proposed for both days. The Red Rock Relay has been conducted in the past, and overall, things have been fine, although we have experienced some issues with this event. However, the Special Events committee has reviewed the applications in detail and have communicated all of these issues with the race organizers and they have agreed to remedy the problems. Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of the Special Business Events License and Special Use of Swanny City Park with conditions listed on the attached page Recommended Motions: (1) "I move to approve the Special Business Event License for Redrock Relay with the conditions attached to the staff memo." (2) I move to approve the Application for Special Use of City Parks for Red Rock Relay with the conditions attached to the staff memo. Attachment(s): List of Conditions of Approval Special Business Event License Application Special Use of Swanny City Park Application Supplementary material submitted by the applicant Oagenda\03-26-20I 3\agenda summary sheet red rock relay.docx Page 39 of 115 List of Recommended Conditions for Approval of Red Rock Relay Requests 1. Provide additional recycling and refuse containers and ensure that they are emptied throughout the days of park utilization. 2. Provide porta-potties and place them on the street. Do not place anything along the red painted curb, at the sidewalk entrances, or in front of the crosswalk on 100 West. 3. Limit the use of sound amplification in the early morning hours. Please ensure that there is NO sound amplification before 7 am or after 10 pm. 4. Pay Park Permit Fees at least two weeks prior to the event. 5. Refrain from painting the street with markings. Use cones, flags, small signs and the like to indicate the course route. 6. Prior to the event, provide a copy of the UDOT permit for the event. 7. Limit vehicles on the grass to loading and unloading only. 8. Do not use stakes on the lawn for any purpose. 9. Coordinate with the Grand County Sheriff's Department for traffic control and safety issues outside city limits 10. Approvals do not include the use of the Aquatic Center. 11. Coordinate with Parks staff on the day of the event for set-up. Page 40 of 115 DATE PAID: 011 t' i AmOUNTPAO: / % O as 50a9 E RECEIPT No.: a cC { CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET MOABt, UTAH 84532 (435) 259-5121 !FAX (436) 269.4t35 PLEASE MAKE CHECKS PAYABLE TO: CITY OPMOAB hbog of Evan 'Red Rock Relay Moab DESCRIPTION OF Even: 6 Man Relay Race tOCATTON OF EVENT: f RE ISESTOSEUSED: FMPORMW STRUCTURES To BE uses (1F ANT): 1: wanny Paris - 400 North 100 west ] avillfon ancrtrass 9Pee & EVENT FEE: PLUS (caeca ONE: 0,TRANSIEIT (SW): OR 0 CURRENT CITY OR $80.00 if?0 o-a Comm LICESsE (ATTACH COPY)FED TOTAL ES: f I.tcENsse: ZONE: ICA Pop up Tents and Race Start Structure ATE(6)ANDTINE(S)oF Gem ay 1 1, 2 + 12 12 pm - Opm ATED#OfEVE/IT PAanaPANTS: NUI.MEROFVEIeORSPAAMPAT= 0 OFvENDORSPArrnaPmeINEVENT: NA ay setup, .am- +pm on May 11 Maser ay THE corfi.E.MAMBOS emerIFl OOTNFEES. frcNTALmimes, ETO: erc iaan iT: ales earn eg stration fees, SPoNsOR'sNAral3 itarrairliTi Pieta PSNSOA'SADDRESS: _ PO BOX 971627 7 Cmr. Pre In i STATE: IPONSOR'S DRNER UCENSE NUMS£R $ STATE OR OTHER PROOF OF Won ! DATEOF8tinit _ PossortS Socia SECURITY NW/BER.. YPE OF OEGAN 1Anav:O PRCineEroPo P O PARTNERSHIP CORPORATION 0yER (SPECIFY): ' SPONsor(sSALEsTAxIDO: _ TgD �rNA,vEREOISIEREDWITHTHESTATEFURTAXID: Red Rock Relay LLC 801-787-45971 184097 1:ORM 18 AN APPUCATION FOR A SPECIAL BUSINESS EVENT UCENSS. THE ACTUAL LICE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS LAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WR'HOUT FIRST =AWING A UCENSE. ALL INFORMATION MMST BE ACCURATELY COMPLETED OR E ISSUANCE OF A LICENSE WIU. BE MATED. hack Collin s g �et? (ac-10_HEREBY AGREE TO CONDUCT 3/UD BUSINESS STRWCRY 1N ACCORDANCE WITH THE IUIOAI9 CITY USINESS LICENSE REGIRATIONS AS JET FORTH IN THE Mom CITY CODE, ORDINANCES AND REBower:Ns. AND SWEAR UNDER FENALTY OF LAW THE NFORMATION CONTAINED HEREIN IS TRUE Wee UNDERSTAND MS LICENSE f9 NON•TRANSFERABLBAND VAUD OUVLYROR THE ABOVE MENTIONED LOCATION APPLICANT (SP :• i n - TO FILE THE PROPER REPORTS WITH THE STATE OP UTAH. D 1 /0342—.0) •a. State Uta County of Grand ) 3USCRISED AND SWORN to before ma this O�R�tY PUt3LlC -INA day of SEE BACK OF FORM FOR ADDITIONAL RECUIREM MARCIE WOWS Nemo Stoto O! t* Comm No. 559015 My Gown limbs* 00 I.2016 Page 41 of 115 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: LICENSE APPROVALS CITY STAFF ❑ APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE: ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: 07/01/05 Page 42 of 115 CITY OF MOAB BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAX: (435) 259-4135 FOR ZONING OFFICE•USE ONLY PARKING: MOABCITY CODE: n •o9 a.243 SIGN PERMIT: Fe00 1 12.�1) MOVED -ON NECESSARY: enYES No REQUIRES PLANNING COMMISSION APPROVAL ©YES 1-36O REVIEWED BY ZONING ADMINISTRATOR: DATE: 1 '3o .13 BUSINESS NAME: Red Rock Relay Moab BUSINESS LOCATION: Provo Utah - SViANWf ZONE: t2 4UctifkL DEfAiLED DESCRIPTION OF BUSINESS ACIMTf: 6 Man Relay Race starting and finishing at Swanny Park 06/16/05 Page 43 of 115 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Councll. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRIM' OR FILL ELECTRONICALLY Name of Person Responsible for Use of Park: Zack Collings Name of reanization and Event if accusal: I Red Rock Relay Moab Address:IPO Box 971622 Orem Utah 84097 Day Phone: 1801-7$7-4597 Email: redrockrelay@gmail.com Which park to you intend to use? Swanny Park. El. Other (please indicate name of park. Please indicate the pr.cosed dates -nd times of us : 6 Proposed Start Date: - s. —. Start Time: 12 a pm nd Time: = am, Proposed End Date: 15 / 11 / 13 I Start Time: 5-i'�/pm End Time: .10 _ a Please specify what areas of the park are proposed for use:— restrooms Pavillion and surrounding lawn, and For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. 1500 Number of participants you expect: Number of spectators that you expect: Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: Double-click to edit. NA Will amplification be required for your event? Yes X No Please specify any electrical needs for your event: Electricity in the pavillion is sufficient Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc, should be described. Parking in designated spots around the park and across the street in parking lot. See Map If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. NA PLEASE COMPLETE OTHER SIDE Page 44 of 115 X Public Welcome Do you Intend for the park to be open to the public during your event? Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes Please describe anv security or crowd control measures you plan for use of the park: None needed X No For groups over 100 people, please describe your refuse control and recycling plan: Bob's Sanitation will provide garbage recepticles throughout the park Please describe your clean-up plan during and after the event: Course Setup Team will scour Park after the event. Please describe your restroom facility plan: Port -a -potty's will be provided by Zunich brothers Mechanical. See map for locations !+ r Rf}° -- -•. Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: RRR brings thousands of healthy and established individuals from many communities. Every participant stays at local hotels, buys local gasoline, buys local groceries. Please specify and describe other community or city facilities that you plan to use: NA Have you applied for a Special Event Permit for this use? Yes X No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes X No I certify that the information contained In this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attache • _,_. - permft. Signature of Contact Person: Public Works Review: Police Department Review: Park Use Fee: Insurance Received: Final Set up Diagram Received - Special Conditions or Requirements: O1/01/2013 Administrative Review. Date Fee Paid: Date of City Council Approval - Other Required Permits and Approvals Page 45 of 115 SwannyPark 9� 400Non» Sfieef Aquatic Center 1� >Outddor t o G 9 / SwiMtri g Poos) i egIstratlon 4./ t and �i Merchandlse G! Sales /� m Playground Park-OM/8 3 PicnicTables Portable Restrooms 100 50 0 100 200 SCALE FEET 1" = 100' � L To Main St One Block m h _ P � ARKING P `s• 0 Page 46 of 115 mono Cif4 4 \,4t RE L A v boo, '14',11'1214A4gregirj.eir4r Page 47 of 115 Page 48 of 115 A� i® CERTIFICATE OF LIABILITY INSURANCE DATE 3/5/2013�Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER McKay Insurance Agency, Inc. 106 East Main Street P 0 BOX 151 Knoxville IA 50138 COONNTACT Meg Carruthers ac°°. No. Extl: (641) 842-2135 (�. Ne): (641) e2s-2o13 ADDRESS:mcarruthers@mckayinsagency.com INSURER(S) AFFORDING COVERAGE NAIC 9 INSURERA:Lexington Insurance Company 19437 INSURED Silent Sports Association - Running Red Rock Relay, LLC 50 W 4750 N Provo UT 84604 INSURER B: INSURER C : INSURER D : INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBERCL133530648 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (PAWDD/YYYY) POLICY EXP (MM/DD/YYYY) LIMBS A GENERAL x LIABILITY COMMERCIAL GENERAL LIABILITY % N 9472610 5/11/2013 5/12/2013 EACH OCCURRENCE $ 1,000,000 DAMAGE TO PREMISES (EaENTED occurrence) $ 300,000 MED EXP (Any one person) $ Excluded CLAIMS -MADE g OCCUR PERSONAL & ADV INJURY $ 1,000,000 x Includes Athletic GENERAL AGGREGATE $ 2,000,000 Participants PRODUCTS - COMP/OP AGG $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY n jF Q I X( LOC $ AUTOMOBILE _ _ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedu e, If more apace Is required) Red Rock Relay Moab: May 11, 2013. Certificate holder is an additional insured but only with respect to liability arising out of the operations of the above named insured. "This policy is issued, pursuant to Iowa Code section 515.147, by a nonadmitted company in Iowa and as such is not covered by the Iowa Insurance Guaranty Association." CERTIFICATE HOLDER CANCELLATION Moab City 217 East Center Street Moab, UT 84532 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Dan McKay/KALIE ACORD 25 (2010/05) INS025 Minns) nt ©1988-2010 ACORD CORPORATION. All rights reserved. Tho Arnrul namo anti Irwin aro rc+niairarari marls of arnRn Page 51 of 115 Donna Metzler From: Redrock Relay [redrockrelay@gmail.com] Sent: Wednesday, March 20, 2013 2:15 PM To: donna@moabcity.org Subject: Re: Red Rock Relay Event in Moab attn: Zack Donna, I understand the public being allowed to use the park. We are just concerned about getting in trouble again for misuse of the park by the farmer's market like last year. We are happy to have the public there, as it raises awareness of our event! We will have a few porta potty's at the park, but dropped on the roadside and not on the grass. We will have volunteers to canvass the park for trash during and after the event, but remind you that we produce almost no trash despite our numbers. If we have a chance we will stop by the City Offices to say hello. Besides our park fee (which I will call and pay right now) is there anything more you need from me to get approval? We are happy to have someone available for a conference call on Tuesday during your City Council meeting if necessary. Thanks, Zack Collings Race Director 8017874597 Red Rock Relay On Wed, Mar 20, 2013 at 12:06 PM, Donna Metzler {donnagmoabcity.or.g> wrote: Zack, Thanks for providing a thorough response to my email, and for submitting the park and course maps, and the insurance information. I will be sure that our Police Department and Parks Department get the maps. I plan to put this on the City Council agenda for approval on March 26. There are a couple of things that I wanted to clarify. 1. You indicated that you expected to have exclusive use of the entire park for your event, and that this was a condition of your paying the fee for using the park. Please be advised that Swanny Park is a public park that is to be open to the public at all times. This is stated in the City's Park Use polices and on the Application for Special Use of City Parks. The City does not allow for exclusive use of the park for any reason, by any group. During your event, Page 51 of 115 there will be children playing at the playground and the Skatepark, families having picnics, people playing Frisbee, etc. The fee that groups pay is based on the amount of the park that is used and the duration of the event. Paying this fee allows your group the privilege of using a public park for your private purposes, and covers some of the City's costs associated with facilitating your event. Your event entails all day use of a large portion of a public park for two full days. The fee for this type of use is $500 per day. The fee schedule was adopted by the City Council. 2. Refuse needs to be picked up throughout both days of your event. 3. You will need to provide porta-potties as stated on your original application. The restrooms at the park will not be sufficient to accommodate the numbers of people you expect for your event, in addition to ordinary park patrons. Thanks again. Please let me know if you have any questions. 1 understand that you will be in town on Thursday and Friday. 1 would be happy to answer any other questions you may have. Hope your event goes well! Donna Metzler City Manager From: Redrock Relay [mailto:redrockrelay@gmail.com] Sent: Monday, March 18, 2013 11:14 AM To: donnaftmoabcitv.orq Subject: Re: Red Rock Relay Event in Moab attn: Zack Donna, 1. Please indicate location of any structures on your park use permit application. I have attached a map with out Start/Finish Line setup. We will use the pavillion and place a lightweight aluminum Start/Finish Arch. It is free standing and requires no stakes or ropes. We will also have tables and chairs, and a few easy -ups placed as pictured. 2. Please limit the use of sound amplification in the early morning hours. Absolutely no sound amplification is allowed before 7 am or after 10 pm. 3. Please provide a detailed refuse and recycling plan that includes provision of containers and emptying of containers throughout the day. Last year, city containers were overflowing and residents submitted photos of r efuse and recycling strewn about the park and around the full containers. Page 53 of 115 Donna Metzler From: Redrock Relay [redrockrelay@gmail.com] Sent: Monday, March 18, 2013 11:14 AM To: donna@moabcity.org Subject: Re: Red Rock Relay Event in Moab attn: Zack Attachments: Moab City Insurance.pdf; Swanny Park Setup.jpg; Moab City Course Map.jpg Donna, 1. Please indicate location of any structures on your park use permit application. I have attached a map with out Start/Finish Line setup. We will use the pavillion and place a lightyreight aluminum Start/Finish Arch. It is free standing and requires no stakes or ropes. We will also have tables and chairs, and a few easy -ups placed as pictured. 2. Please limit the use of sound amplification in the early morning hours. Absolutely no sound amplification is allowed before 7 am or after 10 pm. 3. Please provide a detailed refuse and recycling plan that includes provision of containers and emptying of containers throughout the day. Last year, city containers were overflowing and residents submitted photos of r efuse and recycling strewn about the park and around the full containers. We will have several trash cans at our Start/Finish line this year that we will bring ourselves and haul away after the event. But to remind you, we discussed the overflowing containers last year. They were all filled and the mess left by the farmer's market and not by Red Rock. We walked the park after the finish and again Sunday morning and there was no trash left behind by our runners. We also took photos of the containers and reported that it was the farmer's market that filled and overflowed them, not us. This is especially evident since we create very little trash on race day, as we provide only simple refreshments and nothing else that creates trash. We just completed a race in St George last week that is very similar to our Moab event and barely filled two standard trash bags over the the 24 hour period. 4. Your plan shows that there will be parking at the Rocky Mountain Power lot across the street from the park. Please indicate if you still plan to use this lot. If you still plan to use this lot, please show that you have written permission from the property owner. We did not use that parking lot last year and don't intend to use it this year, as the park has sufficient parking for our peak times at the Start and Finish. I corrected the map to reflect this 5. Please pay your Park Permit Fee of $1,000, plus your $500 damage deposit, 2 WEEKS prior to your event. The timeliness of your payment was an issue for last year's event. Based on your proposed use of the park for 10 hours on the loth and 16 hours on the 1lth, the fee will be $1,000plus a $500 refundable damage deposit. We were told the park fee was much less than this when we applied a few weeks ago, but are willing to comply as long as we are the only ones allowed to use the park these two days. Last year we had to Page 54 of 115 compete for the park with the Farmer's market and others. Considering the significant rental fee, it should be exclusive use. 6. Please provide your proof of insurance, listing the City of Moab as an additional insured, prior to your event. Attached 7. Please do not place porta potties on the grass. Considering the price of the park, we intend to use the restrooms there instead of renting additional porta potties this year 8. Please do not block the red zone or crosswalk on 100 West. 9. It is not clear if you intend for a portion of 100 West to be closed. Please let us know if you intend to close any portion of the street. The City would prefer that 100 West not be closed. We will not need a closure for this event. The only use of 100 W is for car access to the park and then runners on the sidewalk re-entering the park from 5-8 pm. 10. Please provide the City with a list of vendors prior to the event and ensure that all vendors are appropriately collecting and remitting sales tax. We have applied for a tempory tax id for our own merchandise sales and to this point have no vendors lined up. If that changes, we will certainly report them to you. 11. Please provide a route map that shows street names within city limits, showing the direction of travel. Attached 12. Please do not paint the street with markings for your event. Please use cones, flags, small signs and the like to indicate the course route. 13. Please provide copy of your UDOT permit to the City prior to your event. Will be provided this week 14. Any vehicles on the grass shall be for loading and unloading only and shall be limited to what is absolutely necessary. Any vehicles driving on the grass should be approved by the Park Superintendent, who will be present for your set-up. 15. Please do not use stakes on the lawn for any purpose. 16. Please coordinate with the Grand County Sheriff's Office for traffic issues outside city limits. 17. Approvals do not include use of the Aquatic Center. 18. Please coordinate with Parks staff on the day of your set-up at the park. 2 Page 55 of 115 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 26, 2013 -.44 AGENDA ITEM #: 5-8 & 5-9 Title: Special Event Business License and Special Use of City Parks for Raft for the Cure Fiscal Impact: Law Enforcement and Other City Services are needed to support this event; costs are budgeted for. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: NA Background/Summary: This event is an annual fundraising event that happens mostly on the river, and then ends at Swanny Park for dinner and music. The event dates are June 28 and June 29. A very small portion of the park is used. The City Special Event Committee has reviewed all of the application materials and finds them all to be acceptable. This event has posed no problems in the past. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommend approval of the licenses and permits, subject to all park policies. Recommended Motions: (1) "I move to approve the Special Event Business License for Raft for the Cure with the conditions listed in the staff recommendation." (2) "I move to approve the Special Use of City Parks for Raft for the Cure with the conditions listed in the staff recommendation." Attachment(s): Application materials j:\agenda\03-26-20I Kagenda summary sheet raft for the cure.docx Page 56 of 115 DATE PAID: AMOUNT PAID: RECEIPT NO.: NAME OF EVENT: �1 -13 R-16101 CITY OF MOAB SPECIAL BUSINESS EVENT LICENSEE APPLICATION El 217 EAST CENTER STREET MOAB, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 4....... CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: PLEASE MAKE CHECKS PAYABLE TO: CITY OF MOAB DESCRIPTION OF EVENT: OCA:Pi t,+tiy tY t el 4-y 10e441-e--Ct# LOCATION OF EVENT: SW (A.-1" 1,1 C. i 4,1 PREMISES TO BE USED: SirviP6.64.1 c}.` Le Pour k. TEMPORARY STRUCTURES TO BE USED (IF ANY): 'Ecs,c) i Y"(}r-A-c.4.1:2 L.- DATES) AND TIME(S) OF EVENT: JUIJ: e rvitivjj op) ANTICIPATED # OF EVENT PARTICIPANTS: TYPES OF VENDORS PARTICIPATING IN EVENT: Fo Ob v ;.,01•1b1 LICENSE #: ZONE: C�Aulo� Junes NUMBER OF VENDORS PARTICIPATING: 2- $80.00 op� tz2- EXPLAIN FEES GENERATED BY THE EVENT (I.E. ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): No CJ j � jZ irr t . Cna.ir�,JT. 4 /Sv 1-r•+r jrCt"�Ti11,5 `�1e w�k�k lnCIgk_s►rGU t� 1 air,c+ GicUiVtVPX EVENT SPONSORS NAME: OW ANEN-AS (1'g l_eeI WL`���N@ �1t�2 G-)cped . PHONE: (43S'Z.-91-1©(CI SPONSOR'SADDRESS: ZZ`J J'v` (LlGtiVI CITY: M-0A"a STATE: k_rr ZIP: Bliss Z_ SPONSORS DRIVER LICENSE NUMBER & STATE OR OTHER PROOF OF IDENTITY: SPONSORS SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ❑ PROPRIETORSHIP O PARTNERSHIP EVENT SPONSORS SALES TAX ID #: NAME REGISTERED WITH THE STATE FOR TAX ID: DATE OF BIRTH: ae s-V-rn failEtz E26peclrh4 5 THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL. IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. PLEASE PRINT NAME(S) BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IM/E UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). I/WE AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. State of Utah (CORPORATION OOTHER (SPECIFY): HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY 3/Itf1(� ignature of Sponsor Date ) SS J4( County of Grand ) SUBCRIBED AND SWORN to before me this �0t= day of %Yl , a dJ3 NOTA UBLIC SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! SPECIAL EVENT FEE: PLUS (CHECK ONE): TRANSIENT MO): OR JENNIE ROSS Notary Public Stat. of Utah Comm. No. 661521 My Comm. Expires Dec 11 2016 Page 57 of 115 SPECIAL BUSINESS EVENT LIST OF VENDORS (MUST BE SUBMITTED TO THE CITY OF MOAB PRIOR TO THE EVENT) 5.09.030 Sales Tax Collection. A. Unless exempted by state law, each special business event licensee shall be responsible for obtaining a state sales tax license and shall require that all vendors either: 1. Provide proof of a sales tax license and agree to be responsible for direct remittance of all sales tax proceeds to the state; or 2. Execute a sales tax remittance agreement whereby the vendor delivers sales tax proceeds to the licensee for remittance to the state under the licensee's sales tax license. NAME OF EVENT: isck: i_ rG)'r DATE(S) OF EVENT: (043 24./ 2-01 3 BUSINESS NAME OWNER'S NAME, ADDRESS, PHONE # ITEMS TO BE SOLD TEMPORARY SALES TAX LICENSE NO./SALES TAX ID MDA3 AN&NVIVeg C02- 2 - 5 5G)-01. Macy) MCA -Di Lrr (64-532_, 43s-zci :big' i 09/08/03 BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5129 FAx: (435) 259-4135 f 7iNo FOR ZONING OFFICE USE ONLY PARKING: GPI sT f �1C'i MOAB CITY CODE: SIGN PERMIT: MOVED -ON NECESSARY: REQUIRES PLANNING COMMISSION APPROVAL REVIEWED BY ZONING ADMINISTRATOR: mm.291) Fe:Gu l ❑ YES ❑ YES DATE: 14"✓ i NAME OF APPLICANT: APPLICANT'S MAILING ADDRESS: s MOM Alvant rJ 2ZS S. Mon PHONE: 143S - L SI 1 l C `' ZIP: gqs-32. STATE: USINESS 0 fG--e 1SINESS NAME. �KFT 1�IG-, l " LOCATION: {jam.-G��./r�%�,.jGj� El -t'A(G--F,., -C� )NE: e2. �T "C� VIL.'i � `11•+`s It , i �L � r- �� _ r t u ell-" � 4 :TAILED DESCRIPTION OF BUSINESS ACTIVITY: (),5L t ve- vtustd,„ aii,,e( -G7-1) el . Z D Page 59 of 115 06/I6/05 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY I Name of Organization and Event if applicable: AXON? Mijtvti\b t- Gevt4cve / 2Ar� CAA-C. Address: 7-2-S 5.0.141/!/I! «, , t/1"/v,,4),3 LP- oh/3-3-2 Name of Person Responsible for Use of Park: 6;3�� t Q_ I 7).rtek:frx DayPhone• .-1l'E3'? Email: jaS4,---,(Zvi e-sierNriVz�.�c^m Which park to you intend to use? Swanny Park. Other (please Please indicate the proposed dates and times of use: Proposed Start Date: 4272-e/ivi 2- Start Time: 6', Uv Proposed End Date: 0/2-1/ 4°12-- Start Time. 4)(917 am�pmr OfPrn Please specify what areas of the park are proposed for use• l rec' lacc4iti511 a indicate name of park. End Time• am End Time. /.6';ocp am t'1ir' c/z��c'�=%� For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Number of participants you expect. Number of spectators that you expect: /0 0 Please describe structures, tents, canopies, portable restrooms, etc. that you propose to set up at the park: (3) 10XI -}-evrt5 2©>< Zv 5.4'&9 Will amplification be required for your event? Yes No Please specify any electrical needs for your event: //0 Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. (%S c 6h1s.4-1r7i par il_iyz9 (A_ /0.-7 j , �rc e•t If you anticipate any street closures for your event, please describe below, and show on the accompanying diagram. N PLEASE COMPLETE OTHER SIDE Page 60 of 115 Do you intend for the park to be open to the public during your event? Yes No For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: X For groups over 100 people, please describe your refuse control and recycling plan: l/l/e wi/% ,�lt/%�Cj //-! ©cJr pc.. Ca'/fG"z fx+46f i'eCyl�/2�i GJms Plleggase describe your clean-up plan during and after the event: [ ) ,77 Please describe your restroom facility plan: I V-56 67i �?t:/s i, ..9 -0,47 44,'aeS.S—y- Please describe how your organization, your event, and/or your use of the park will provide broad -based ben fits to the community: aft f •fie C irre. is Rai- / / e`wipf } e�es � /Gu- �dek6 / 4/t/ �/fi�� alai c��� 5asGtr7 L �t�e�t'<-,, r4/�a�te t 4,41/ cic ����1� dotpz, aKe 43er t ©i hr,�vIA" ,.,„//// be. Please specify and describe other community or city facilities that you plan to use: Have you applied for a Special Event Permit for this use? Yes No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes '1( No i certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Personal Date 3/3/I.3 Public Works Review: Police Department Review: Park Use Fee: Date Fee Paid: Date of City Council Approval. Insurance Received. Final Set up Diagram Received - Special Conditions or Requirements: Administrative Review. Other Required Permits and Approvals Page 61 of 115 _1 ' Swanny Park .\ 400 Non» Street Aquatic Center Outdoor Swimming - Pools Playground - Park Drive 3 Picnic Tables 3Pi "ef s -4 4' q"? 6 Covered Picnic Tables 100 50 0 SCALE 100 200 1" = 100' FEET /00 West Street To Main St. One Block o 0 Page 62 of 115 225 S. MAIN STREET MOAB, UTAH' 84532 ONLINE: MoabAdventureCenter.com >> I RAFTING TRIPS HUMMERIAFARIS HORSEBACK RIDING 5 SCENIC FLIGHTS GUIDED HIKES MOUNTAIN BIKING NATIONAL PARK TOURS OUTDOOR GEAR 1-888-622-4097 1 435-259-7019 Raft for the Cure Event 2013 For the past several years the Moab Adventure Center/Western River Expeditions has teamed up with local outfitters to provide the Raft for the Cure event. This event is to raise money for the Susan G. Komen for the Cure: Last year we used Swanny City Park for loading and unloading of our buses for the river and then in the evening provided live entertainment for those that participated in our Raft trip. Again we would like to be able to use the park for this venue as it was a great central location for us to put on this wonderful event. Below is a detailed description of how we plan to use the park. Friday June 28, 2012 — • Evening set up of the stage and getting lifejackets ready for the next morning. Set would begin around 6:00 pm and should go no later than 8:00 pm that evening. We would provide our own security to watch our lifejackets and stage that night. Saturday June 29,2012 • 7:00 — 8:15 People will start meeting for the Raft trip, from this point they will check in, get fitted with a lifejacket and then depart for their day long river trip. • . 8:30 - 3:30 No activities planned • 3:30 — 6:00 set up of activities in the park. We will have a sound check and start getting ready for the activities. • 6:00 — 9:45 we will have live music and burgers and hotdogs for the participants during the concert that evening. • 9:45 —10:00 Takedown of event We will also adhere to recommendations made for event from last year. • All bus loading and unloading be conducted on 100 West in the south bound lane adjacent to the Park. • Heat shields will be used for any cooking to protect the grass • Any staking and stage setup be coordinated with the Parks Superintendent If you ave any questions please feel free to contact Jason Taylor at 435-260-1487 0 RIN ®•® BY THE AUTHORITY OF THE CITY COUNCIL OF MOAB, UT THIS CERTIFICATE OF LICENSE IS HEREBY GRANTED TO MOAB ADVENTURE CENTER LOCATED AT: 225 S MAIN LICENSE NO. 1685 Not Transferable FROM: 07/01/2012 EXPIRES: 06/30/2013 In conformity with the ordinances of the City of Moab, Utah, to conduct a ADVENTURE TOURS & RETAIL SALES business located within the City of Moab, Grand County, State of Utah commencing on 7/1/2012 and ending on 6/30/2013 subject to the provisions of the City of Moab ordinances, and having paid to the IVIOAB CITY TREASURER the sum of $80.00 dollars. LICENSE TYPE: TOUR/RETAIL In accordance with the order of the Moab City Council, this license is hereby duly authorized, given under my hand and the seal of the City of Moab on June 26, 2012. CITY RECORDER AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 26, 2013 -.44 AGENDA ITEM & 5-11 ri Title: Special Event Business License and Special Use of City Parks for Rockwell Relay Fiscal Impact: Law Enforcement and Other City Services are needed to support this event; costs are budgeted for. Staff Presenter(s): Donna Metzler, City Manager Department: Administration Applicant: NA Background/Summary: This event is an annual event, held in Moab since 2010. It is a bicycle relay that runs from Swanny Park and ends in St. George. The event dates are June 6 and June 7. A very small portion of the park is used. The City Special Event Committee has reviewed all of the application materials and finds them all to be acceptable. This event is run very professionally and has posed no problems in the past. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: City staff recommend approval of the licenses and permits, subject to all park policies and continued coordination with the Moab Police Department. In addition, the event needs to stage either along the west end of Park Drive or by the Pavilion, in order to accommodate the Farmer's Market. Recommended Motions: (1) " I move to approve the Special Event Business License for Rockwell Relay with the condition listed in the staff recommendation." (2) "I move to approve the Special Use of City Parks for Rockwell Relay with the condition listed in the staff recommendation." Attachment(s): Application materials Oagenda\03-26-20I Kagenda summary sheet rockwell relay.docx Page 65 of 115 DATE PAID: AMOUNT PAID: RECEIPT No. CITY OF MOAB SPECIAL BUSINESS EVENT LICENSE APPLICATION 217 EAST CENTER STREET Moore, UTAH 84532 (435) 259-5121 / FAX (435) 259-4135 PLEASE MAKE CHECKS PAYABLE TO: CITY OFMOAB SPECIAL EVENT PEE: $80. DD PLUS (CHECK ONE): TRANSIENT (WO): OR ❑ CURRENT CITY OR COUNTY LICENSE (ATTACH COPY) TOTAL FEES: LICENSE It ZONE: <Zn-cic, l(ao, cc> NAME OF EVENT' DESCRIPTION OF EVENT: LOCATION OF EVENT: PREMISES TO BE USED: eze_k-w e_11 1E M tied. +0 s{. L-xe_o*New Y5d d tetik>✓ vr2.lcu,i VGtcPi ( 01A2( 4.44, Ltr ,C-bC Slot.A};opt) S LOA.r1A-4_ 1PAxis- - t.5u--i, eat+_ coY+� ax. -Fnr as 6n 100 LJ) TEMPORARY STRUCTURES TO BE USED (IF ANY): -2) OY /4 (02�/l�p a!�N.f�i �5� b1�5 tejte. ,($ I �I(- (1 Vl� C��� / `�Lrr� A1ruc(� DATE(S) AND TIMEI Pu S) OF EVENT: of LI Q �rtsi G rY1�n -i L� ro Mtit E r l 140 /w41,- 1010411-:Yn i (Ace. 15 AM ANTICIPATED #OF EVENT PARTICIPANTS. -23007 — 40C) NUMBER OF VENDORS PARTICIPATING 1181A-e_. i0 (l vL yL2� TYPES OF VENDORS PARTICIPATING IN EVENT: rock It FZ�(�� t 6�r1-45 Jeats.e�.S 1 EXPLAIN FEES GENERATED BY THE EVENT (LE ADMISSION CHARGES, BOOTH FEES, RENTAL CHARGES, ETC.): Cap YP, - pet.).il` J G� lw1 d 45�1 4-64Nie- EVENT SPONSOR'S NAME: '�����a(( eA4_,/ i 1 S4-€044 .- Q SPONSOR'SADDRESS: �'rj� (� �j (p 40 � CITY: S� , l pL 29r) C�,QDCG,� STATE: (�.^[ ZIP: SPONSOR'S DRIVER LICENSE NUMBER 8 STATE OR OTHER PROOF OF IDENTITY: SPONSOR'S SOCIAL SECURITY NUMBER: TYPE OF ORGANIZATION: ° PROPRIETORSHIP ° PARTNERSHIP Oa -CORPORATION °OTHER (SPECIFY). C- EVENT SPONSOR'S SALES TAX ID # AME REGISTERED WITH THE STATE FOR TAX ID: PHONE: 110 1'4%01.-CCAM DATE OF BIRTH 2 atll Y2 elan , Ltnc THIS FORM IS AN APPLICATION FOR A SPECIAL BUSINESS EVENT LICENSE. THE ACTUAL LICENSE WILL BE ISSUED AFTER CITY COUNCIL APPROVAL_ IT IS UNLAWFUL TO ENGAGE IN SUCH ACTIVITY WITHIN THE CITY WITHOUT FIRST OBTAINING A LICENSE. ALL INFORMATION MUST BE ACCURATELY COMPLETED OR THE ISSUANCE OF A LICENSE WILL BE DELAYED. UWE P0A-'t"7.---„Letsp?iast HEREBY AGREE TO CONDUCT SAID BUSINESS STRICTLY IN ACCORDANCE WITH THE MOAB CITY BUSINESS LICENSE REGULATIONS AS SET FORTH IN THE MOAB CITY CODE, ORDINANCES AND RESOLUTIONS, AND SWEAR UNDER PENALTY OF LAW THE INFORMATION CONTAINED HEREIN IS TRUE. IME UNDERSTAND THIS LICENSE IS NON -TRANSFERABLE AND VALID ONLY FOR THE ABOVE MENTIONED LOCATION AND APPLICANT (SPONSOR). IME AGREE TO FILE THE PROPER REPORTS WITH THE STATE OF UTAH. WIVi- State of Utah vau, 4 �SS County otGrantr `/) SUBCRIBED AND SWORN to before me this �J1 o•day of NOTARY PUBLIC SEE BACK OF FORM FOR ADDITIONAL REQUIREMENT! Page 66 of 115 ATTACH LIST OF PARTICIPANTS OPERATING UNDER THIS LICENSE. ATTACH SITE PLAN FOR THE EVENT GROUNDS (IF APPLICABLE). ATTACH ADDITIONAL INFORMATION INDICATED BELOW: Po i, sk-€4,14c\- C-CW ` A-elAwk LICENSE APPROVALS CITY STAFF O APPROVED ❑ DISAPPROVED REASON(S): LICENSE EXPIRATION DATE: SIGNATURE OF CITY STAFF MOAB CITY COUNCIL APPROVAL REQUIRED ❑ NO ❑ YES AGENDA DATE' ❑ APPROVED ❑ DISAPPROVED REASON(S): EVENT COST RECOVERY SURCHARGE: SPECIAL CONDITIONS: arena..�davo�vmsvir�ixs, +..�,Patan.w.xr�sr; vt..rt rm,IgEK,,,Ma n•�va�nry x7r,orgayrea�in� 07/01/05 Page 67 of 115 ru. Tr+.,i.KgR,^M. -r:,:>rn�v;snc-s�c�r4ntrtw� .. tivvx s^ 'E I CITY OF MOAB Maki3 BUSINESS LICENSE COMPLIANCE FORM 217 E CENTER STREET MOAB, UT 84532 PHONE: (435) 259-5121 FAX: (435) 259-4135 • FOR ZONING OFFICE USE ONLY PARKING: t S 1 1 n MOAB CITY CODE: )71 - 01- V. SION PERMIT: e 1 V MOVED -ON NECESSARY:CI YES 0.IVO REQUIRES PLANNING COMMISSION APPROVAL 1:1 YES NO REVIEWED SY ZONING ADMINISTRATOR: DATE: ' ) 0.13 r��sr�wur:x� ..._._- .-s=�::.:r�anwmw+swu.uw,• - a.., m„ �) aaw..r.... ..:.cyaTwwwsbw.-VP NAME OF APPLICANT' P\14-cA-A., c� — A XM -\ PHONE' 8bL— %61-bb%3 ' APPLICANT'S MAILING ADDRESS: 3SCt E_CITY' Si-. (iet ej STATE: LA-1- ZIP: '.1A-1'31,D 11nn '✓��n�yrC� f1.G.Yh4i-w,wrwa . ` BUSINESS NAME: �bG�[lok?tl ICP.t41 LItiCi aveki�t1 �i�.A.I �� ka • L4e0(1., • BUSINESS LOCATION: 'Eb( S � G LAS E� l�M1 -� Cj (A)/i1' .rt_t r P�'C S` F cGY Ke..-'(- v Y ZONE: 12a - 5�41 �h 1,)I � l 3 DETAILED DESCRIPTION OF BUSINESS ACTIVITY: Rb/pj VjI re_tai 1 4-4(-6,-s AI LA.m. .yui sko MoiLk n.,3_ St•Caem-/..- Q:4 -- wiatid -Four t r✓!c (,,Q ) AncA, icy Ore 4-L-C- -S 1- I K d -fir �cacv Cr1tn,.g tad I.>>. Ctici►si—, tiIUibb 1,3 1.yt-4,1 jnth.S 141-1.A4 .-Vhe-h, 5b1.81A. , Alma l - �-t Si(.,Ce� PAYV- 1115 — ILta.Y (f) �{Fxve n louc�k, f'r- ("Ir�• i 10^:O - Wtocki-s 0646. 05 Page 68 of 115 City of Moab APPLICATION FOR THE SPECIAL USE OF CITY PARKS Swanny Park, located, between 100 and 200 West from 30 to 400 North, is a non -reservation park that is meant to be open to the public on a first -come, first served basis. Special Use of Swanny Park and other non -reservation parks within the City Is subject to approval by the Moab City Council. The City Council may approve use applications for events that provide clear benefits to the community. Requests for usage by private businesses that serve a limited clientele will not be approved. This application must be submitted, along with any special events license application, to the City Recorder's office at least six weeks prior to the scheduled event. Upon approval of the application by the City Council, a Special Park Use Permit will be issued upon payment of the appropriate fee, provided for in the Schedule of Fees. PLEASE PRINT OR FILL ELECTRONICALLY Applicant Information Name of Person Responsible for Use of Park: N.L.i.-kz,, sle2.4A)k Name of Organization and Event if applicable: eoGk40 I l ke: tA_Li. Mere4 -to � t . 6.qe0%e_, Address: 3'SRca alc"-r‘-c7 �E e— 5�. ene& , txr % i0 Day Phone: I - Q09-[")(>g3 , corn Cceti) Proposed Park Usage information :;. Which park to you intend to use? Swanny Park: ✓ Other (please indicate name of park - Please indicate the proposed dates and times of use: Proposed Start Date- (e;./6:' / t3 Start Time: a am,6ii7 End Time- ei am/k. Proposed End Date: ��'T /i3 Start Time: `�-3� am m End Time - Please specify what areas of the park are proposed for use- S ebutckr<44-* /For Swanny Park, please show in detail on the attached diagrams, which areas of the park are proposed to be used. Show locations of all structures and facilities. Sccet{ex� uSe, m,, -ty, ,�� _ P,�r ham, ,�f3 wk Uurie1 40%+�5 '� �ke.I; Qi�Ic r Qi wine- p ic-Ho r1 y Fr, . ,ql1 -41,1e -tom 8 ',NM/ -11hee-le-A rt uQ - Number of participants you expect- 3W-4\00 Number of spectators that you expect: `5D —1 C,D Please describe structures, tents, canopies, portable restrooms etc. that you propose to set up at the park: TIC t tx At -set Fri r�iri vn 1.1 '3Ur l�:irJ Edr•e S µ'I I:cble� w,�rS• R®-`l viviubtkek -watts '1,114r�� 4.)e.y.,eArked eovi,J. Will amplification be required for your event? Yes f No ( 4yn,,cll 1°06, Please specify any electrical needs for your event: a( n+ f i i �z� i \i tired ep, arork, cords . Please describe the parking and traffic plan for your event. Location of parking, signage, traffic control devices, use of volunteers, etc. should be described. C>{GIiS-V4 Akre- person -� Earns, Dm- y4.11,p0A- ve1,1-:cle- Per 4.84v1-.. esiveet 1 S- loo ic2krh3 /Vektat'S pill ak pti(l(._ onlgi -firs», PA) vt:lodes le4).S‘v5 SIDOK a{ J‘rS A+ 8:) ASse.",- °V-477 tcS4, If you anticipate any street closures for your event, please describe below, and show on the accompanying Kh.-1A- .56too1 diagram. tz.crA., .Fa• In t Nex-Flea . CAA, ret,c.s+ �arYr�l PLEASE COMPLETE OTHER SIDE i•F Page 69 of 115 Do you intend for the park to be open to the public during your event? Yes V/ No Do you intend to serve/sell alcohol (if so, additional requirements apply) Yes No V X For non-Swanny Park events: Do you plan to charge for admission to the park? Yes No Please describe any security or crowd control measures you plan for use of the park: N oVi.e, LiYL-Vi U f i.�•e.d. • Ft.4U lowe kk P.441‘.- b11-Lti-eravr. 'i - �S /ki ct pb U e eSc Mk 4)44 Wok‹. -f-2t ytk.ce_ Utz -irk 42A $ . For groups over 100 people, please describe your refuse control and recycling plan: 042 4A4...3e, OW( a um b�c�e. &Arks w l 1 t:to5 and car` c..6 1,e1-4 P. NO14 4cvb�e,• Please describe your clean-up plan during and after the event: Gkzi.4`F wtll % etyek. erde(11 c(e4r. dccrriticj .) will ;4-ems kk2►1d.a� 19trt4A C1,4,-& Please describe your restroom facility plan: 6,,,?e,k- Qay._ re.s•hrasrK. -la toR- acteb�--te- ON-453e- (peer, itn PA-4), Grtf-k t ie•f4t4- 4- ?AA- le% 41k .Insu r 011140( itYVA t -Z. kr5 fr ► earl. Therr1litey L40. ()ri.AJId� �7crrd��o-lljeS ik reit. LA.:vre49,- Ofh6r Information,. Please describe how your organization, your event, and/or your use of the park will provide broad -based benefits to the community: Jul oit.(6 axPl c 6 Sic (r PK1 Ir `a 4... �1.�re rhaw �. .%1,.4- c Vert 1..) r<cl btAv .Pv -k �Nt14tS G��:l�s(s -f1am ull aver CD141t•1Vcy_ .t5 -Altar '114C.Ja kckno •.--b MkaA-1* kwd Nearlii alt 51�.� ��h 4-ue4. hz>4.2.(6 aa.d ?co y�c5 bike. Please specify and describe other community or city facilities that you plan to use: s ,�{� ue� avid 5e.v ices, .(24z* - Retp�sk fake_ .c SCos14- Li ri v ack -of --tatur. (6o 4.44, or. MA,' -/ Imo) i)t GAS 1 h ?fib( Have you applied for a Special Event Permit for this use? Yes t/ No Will you be able to provide proof of insurance, showing the City as an additional insured? Yes No I certify that the information contained in this application is true and correct. I agree to abide by the City of Moab Parks Policies and any conditions attached to this permit. Signature of Contact Person: ap'+:4�..Asii k. Public Works Review: Park Use Fee. Date Fee Paid: Date of City Council Approval - Insurance Received- Final Set up Diagram Received. Special Conditions or Requirements: Date 3 L f• l `� Police Department Review: Administrative Review - Other Required Permits and Approvals Page 70 of 115 t ID � vi ies Tv..x/ f r► i pAct`oi Pik"` 14, 1 6 Covered picnic Tables SWa/7/7yPar/r 400NorthStreet t Dwioka fak: ti if‘ heecle...11 "Fri A 4 ovit 4)c-4,41,1 a, iNee+4 .. dG PecsV-- Aquatic Center Outdoor Swimming Pools 3C 3P \\\\ \-\\-� \\\\ � Park Drive -�xlv1e./c c5 .A.A,(1,1 V-ri ��,..� -� a c��,t ipx,0-‘40G G kirrA VA.st - W i+1.-i ri 6zktack. Vtv.e5 r ro L4.4U 1 To Main St. One Block t100 50 0 100 200 N SCALE 1„ _ FEET '5-bw4-1I► o?. l=r ; oxll Page 71 of 115 f AGENDA S V MMA RY MOAB CITY COUNCIL MEETING March 26, 2013 AGENDA ITEM #: 5-12 Title: License Agreement for the Sue of City Property by and between the City of Moab and Business Resolutions LLC Fiscal Impact: This license agreement will bring in $200 per year and not incur any additional costs for the City. Staff Presenter(s): Donna Metzler, City Manager Department: Various Applicant: NA Background/Summary: The City approved a license agreement for the location of a motorized access trail on city property near the Skakel water tank for a zip line tour business in October, 2012. This original license agreement, attached, provided for a very minimal disturbance and use of city property. In the course of building the trail, the licensee constructed the trail in the wrong location, more significantly utilizing city property. Given that staff did not want to encourage two separate cuts on the hillside, in addition to concerns about the cost and difficulty of remediating the cut on the hillside in a satisfactory manner, city staff and the licensee chose to examine the possibility of keeping the trail in its constructed alignment rather than the originally approved alignment. City staff had the licensee perform an engineering analysis of what measures would be needed to keep the trail in its constructed location and address engineering issues such as erosion control and drainage, and to remediate the area in question. Based on an engineering analysis, and based on the licensee's agreement to pay the City more for the newly aligned trail that that contemplated in the original agreement, city staff recommend that the City accept the new alignment. The new agreement terminates the original agreement, provides for engineering measures for construction and maintenance of the trail, and provides for additional oversight for construction of the trail. It also provides for a $200 per year license fee rather than a one-time fee of $200. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of the License Agreement as presented. Recommended Motions: "I move to approve the License Agreement for the use of City Property as presented." Attachment(s): Agreement and Attachments Oagenda\03-26-20I 3\agenda summary sheet for bynum license agreement.docx Page 72 of 115 LICENSE AGREEMENT For the use of City Property By and between the City of Moab and Business Resolutions LLC This Agreement shall be made effective on the date signed below by and between the City of Moab, whose address is 217 East Center Street, Moab, Utah 84532, referred to as LICENSOR and Business Resolutions, LLC, whose address is 7000 Walkabout Ranch Road, Moab, Utah 84532, referred to as LICENSEE. RECITALS Whereas, LICENSEE has obtained all necessary approvals to locate a zip line tour business on the property shown in Exhibit A; and Whereas, LICENSEE has agreed to construct all structures for the zip line tour business according to the Grand County approved site plan shown in Exhibit B and the City of Moab approved site plan shown in Exhibit C; and Whereas, LICENSEE requires motorized trail access through LICENSOR's property in order to operate the zip line tour business contemplated in Exhibits A, B and C; and Whereas, LICENSEE intends to maintain a valid business license for the Moab Zip Line Adventures business, Whereas a License Agreement, herein after referred to as "the Original Agreement" was approved on October 23, 2012 by and between the City of Moab and Moab Business Resolutions; and Whereas, the parties intend to terminate the Original Agreement and replace it with this Agreement; NOW THEREFORE, the parties do hereby agree as follows: 1 Page 73 of 115 SECTION ONE GRANT OF PERMISSION In consideration of the sum of Two Hundred Dollars ($200.00) paid annually to LICENSOR, and in further consideration of the mutual covenants of the parties to this license agreement, LICENSOR hereby grants to LICENSEE a license to build and use a motorized trail (approximately 157' X 20') on the LICENSOR's property as shown on the attached EXHIBIT C. Permission is granted for employees of Moab Zip Line Adventures to use the trail for purposes of transporting patrons of the zip line tour business to and from the zip line locations contemplated in Exhibits A, B and C. It is expressly understood that this grant of permission is not a public access easement or license. Accordingly, Moab Zip Line Adventures and/or LICENSEE shall not permit members of the public at large, without accompaniment of a Moab Zip Line Adventures employee, to access the trail. SECTION TWO NON-EXCLUSIVE USE OF LICENSE LICENSOR agrees that LICENSEE's privilege to use the trail on the premises shall be non-exclusive, and that the LICENSEE shall have the right of ingress and egress over the approved trail route so as to facilitate LICENSEE's privilege only as granted herein and LICENSEE agrees and acknowledges it has no other rights, title, interest or privileges in or on the REAL PROPERTY. SECTION THREE NON-INTERFERENCE WITH LICENSOR'S OPERATIONS LICENSEE agrees that LICENSEE will exercise the license granted under and pursuant to this agreement in a manner reasonable and non -injurious to the operations of LICENSOR. SECTION FOUR TERM This license shall extend from the date this LICENSE AGREEMENT is signed and continue for a period of up to ten (10) years. The LICENSOR may revoke and terminate this LICENSE AGREEMENT at any time for cause. Prior to commencing any action to 2 Page 74 of 115 terminate the license agreement, the LICENSOR shall serve the LICENSEE written notice providing a thirty (30) day period for the LICENSEE to cure or abate any offending condition of the trail. Non-payment of the licensee fee provided for in this agreement shall constitute cause for termination. It is further understood that this License may be revoked upon non -operation of the zip line business for one year, or the expiration or revocation of any required business licenses for the zip line business. SECTION FIVE TRAIL STANDARDS AND MAINTENANCE RESPONSIBILITY LICENSEE agrees to build the trail on the premises in accordance with all conditions of approval placed on the project by the Moab City Planning Commission, all applicable City codes, and to a standard acceptable by the LICENSOR. Further, LICENSEE shall construct and maintain the trail in accordance with the recommendations provided in Exhibits D and E. LICENSEE shall confer with the City Engineer prior to the placement of any structures or modifications on the premises. All such structures or modifications are subject to inspection and approval by the City Engineer. LICENSEE shall have an onsite representative to ensure that all maintenance and construction activities are performed in accordance with this agreement. LICENSEE agrees to sign and maintain the trail at its own expense. Licensee shall not perform any maintenance that significantly alters the trail from its originally constructed and approved state without written permission from the City Engineer. In no case shall Licensee or Licensee's contractor or representative alter the alignment of the trail from that specified in this agreement. All signs must be approved by the City of Moab. SECTION SIX INDEMNIFICATION LICENSEE agrees to indemnify and hold the LICENSOR harmless from any claims, suits, damages, losses, expenses, costs and liabilities arising out of or in any way related to the use of the trail on the LICENSOR's property. All patrons utilizing the trail shall sign a waiver indemnifying the City of Moab for any liability associated with the trail. Moab Zip Line shall obtain approval for LICENSOR for the liability indemnification language used in waivers signed by patrons. 3 Page 75 of 115 SECTION SEVEN LICENSE AGREEMENT SUPERSEDES PREVIOUS AGREEMENT The parties agree that this License Agreement supersedes any and all previous license agreements, including the Original Agreement entered into on October 23, 2012. This License Agreement terminates the Original Agreement. In witness whereof, each party to this agreement has caused it to be executed at Moab, Utah on the date indicated below: DATED this day of March, 2013. CITY OF MOAB By: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder BUSINESS RESOLUTIONS, LLC By: Name and Title of Signatory: 4 Page 76 of 115 Moab Zip Line Easement Description A 20 foot wide access easement for ingress and egress across the grantors property being more particularly described as follows: Beginning at a point South 0°32'30" West 734.80 feet along the section line and South 45°00'00" East 582.79 feet along the North line of grantor's property from the Northwest corner of Section 36, Township 25 South, Range 21 East, Salt Lake Base and Meridian and running thence South 45°00'00" East 32.24 feet along said north line of grantor's property; thence South 6°39'53" East 115.59 feet to the Southerly line of grantor's property; thence South 45°00'00" West 25.50 feet along said Southerly line; thence North 6°39'53" West 156.70 feet to the point of beginning. Page 77 of 115 EXHIBIT A 25 26 • to A 20 foot wide occess easement for ingress old egress 00'055 the grantors property being more particulorly described os follows, Beginning at a point South 0'32'30' West 134,80 feet along the section the and South 45'00'00' East 582.15 feet along the North the of grantor's property From the Northwest corner of Section 36, Townshke 25 South, Rage 21 East, Salt Lake Bose and Meridian and rurntg thence South 45'00'00" East 3224 feet along said North the of grantors property; thence South 6'3953' East 11559 feet to the Southerly line of grantors property; thence South 45'00'00" West 2550 feet along said Southerly the; thence North 6'3.153" West 156.10 feet to the point of beginning, S45'00'00"E 32.24" 545'00'00"W 25.50' Page 78 of 115 DAD CITY POINT taw BeGINNING XI rdoc VAw+.w* 3 a, up S45.00' 00"E 2.24' 4 S45'00'00'fit 25.50' Page 79 of 115 i 1 I e 3 Z' Z Y :ON 133HS 211Y10340044116 21111MOM 0321.1311 21021010432 DON 0 D ea m N Ti c r m ono Nm z c m no WI: w m IMMO 311 mine NOIS30 wnNAe Q 44, • N001.eusio � 133N1S NIVN 01 .T kA=AllBttJS ZL NVld 311S 21311b211 a3SOd021d ` '30VNIV80 ONV ONIOVNO NO3 SONNAVNO O.00133NION3 01 N333N *Yet 091/0.1 r 31nWMJ0311N-Vli 9/00.10I 2'¢ �+bed.Oupped p urbsN smA.G00 • axle dnw0 any z tends MyAnd pulM•tl NO. 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NOVS ONV 1.30tld 30VNO1s 4tl1N3444l Ste, �N>Z'�S se,y !6, ! �b1/ y0i O O W 0) o ,}4 NIVN13tl Ol CMAWS ON11S0f3 ....uaauddd:: ::113iiN0i14 fiiW: '::V3OMCM 3730::. \ ': N3fA0(9,,N,((I��Ytlxxyy ..::::'* 113dA13N01%11 oNNHOO • LL O VONVIN.flau.Yn401N W .I. loon mWN•1J ul INOVO ONV 1NOtld130VNOS ^ap d �064S'ay 9a� A O'� , py 95 O� O1V N ON 133HS Z1019019 A3II,.N1 [1021210 135110ed O D �W o N v 'D C� Z sm ADO L..)) < Z C 7J m O 1181HX3 1.d 000'Z 000' L 009 OOL ewe &goo.' 10 as ayes • ryeq sseme � ,aed wpm. _ _ - _ _ 0143031 'S3NOV SEM 313SMn00 d07{313e11213d '1. ,S310N 1V113N30 snYuln w an aline NOIS30 MINAS Lal..t :31\OS OIV NVId 311S a31SVW A SV V 0/1 ON3 --3r4Z1f100 zevt N Z9 t \ fiunped Ayy Jo; ease \ ss \- \ \ 4-11V1S \ 35MP00 (R.R„ \ LsVrH \ A ' • 6unped AIN 101 eale • — (( t: ZV' (wawnoop le6al pasopua 1N3W3SV311 \VN13NNI .r6SYla Z \ \ 1 vG .SLS'Yla .+ 100 19, Z3 �\ 1.11110-0010 .fZLYIa .p22� ti YLLZS .SBS'Y� iOl fS6 0 (,0 eaa'YzQ, \ E___ _ _ALS' 1001 dx. x�.+n e+ n ONVI Wl9 ,paw>(A� 1VA11.40 N310 OM avpU (010 llnd li .011 (.Iri(Y, 0.11.1111301 At Ern Mxassps G_.. _. �.. 3811900 3N11d1Z 01 SS300V llVtll ONIISIX3 31I111 Z ..rvr.r N...10..01s �iZ2I SSZI 9£ mouoaS 3 Nil ilVH 1S3M 3H1 NO 3OVw (13141SOraV (3NI I1SV3) A3ANOS rt 61 ONISO (13N0I1110ddV 9l NOIL)3S d0 3Nl'I H1NON Lc) 0 pevaike, „ge 0 a> •9aVNly @ 0_ TRAUTNERaci*I I GEOTECHNICAL ENGINEERING, rvtA,TERIAL TESTING AND ENGINEERING GEOLOGY December 14, 2012 Casey and Emily Bynum 983 Cherryvale Road Boulder, Colorado 80303 PN: 52993PE Subject: ATV Access Trail Site Observations Moab Zip -Line Course Moab, Utah Mr. and Mrs. Bynum, This letter presents our December 13, 2012 site observations and subsequent cursory geotechnical engineering recommendations for the recently constructed all terrain vehicle (ATV) trail (limited access road). The comments and recommendations presented below focus primarily on the portions of the ATV trail that crosses or may influence City of Moab land. Mr. Casey and Mrs. Emily Bynum were present during our site observations. In addition, Mr. David Olsen and Mr. Eric Johanson, City of Moab, were present for portions of the site meeting. The geotechnical engineering information provided in this letter is based solely on surface observations of the soil and rock materials exposed in the trail excavation cut and fill slopes and native slopes adjacent to these areas and on our experience with similar projects including projects in the Moab area. The slope stability analyses and subsequent recommendations presented in this letter are based on estimates of the soil strength parameters and subsurface geologic conditions, and are intended to provide a general assessment of the slope stability and rock fall conditions on the project site. A detailed slope stability analysis for the project would require subsurface exploration to obtain detailed subsurface information and soil/rock samples. laboratory test data, engineering analysis of the data as a more thorough basis for the computer modeling of the slope. We are available to develop a proposal outlining a detailed geotechnical engineering slope stability study at your request if this is needed or desired. We understand that the subject ATV road was recently constructed to access the proposed zip - line course. The limited access roadway is intended to be "rough" and "steep" in nature, and is only intended to provide access for ATV type vehicles as part of the recreational and entertainment use of the facility. Portions of the road grade approach or exceed thirty (30) percent, and traverse across native slope surfaces with grades steeper than forty-five (45) percent or one to one (1:1, horizontal to vertical). The newly constructed road system joins with a previously constructed unimproved jeep road. The majority of the road is located on private property, however approximately two -hundred (200) feet of the road was recently constructed across the southeast corner of a City of Moab land parcel. We understand that the original road design provided by Souder Miller & Associates (SMA) only crossed approximately thirty (30) feet at the extreme southeast corner of the City of Moab land parcel. Apparently, the project excavation contractor felt that the proposed road alignment in this area would be difficult to 1349 TECH CENTER DRIVE Suitt A 'OunANGo, CO 81301 • 970/259.5095 • FAY. 970/382.2515 Page 82 of 115 PN:52993PE December 13, 2012 Page 2 construct, and made a decision to align the roadway further into the City of Moab land parcel. Based on our site observations we feel that there would be significant challenges associated with construction of a stable fill slope configuration as shown on the SMA plans in this area. For example; In the approximate area of Station 1+15 of the SMA plans, the proposed fill slope was to be constructed with a slope inclination of about two to one (2:1, horizontal to vertical) over a native slope surface with an approximate inclination of one and one-half to one (11/2:1, h:v) located directly below the proposed toe of the embankment fill. The embankment fill in this area would likely be at least ten (10) feet in depth and would need to be constructed at a minimum fill slope inclination of about one to one (1:1, h:v) or steeper. Successfully constructing a stable fill slope configuration in this location would likely require a mechanical slope retention system(s), including geosynthetic reinforcement within the fill material, and possibly a retaining wall system to stabilize the toe area of the fill mass. From a geotechnical engineering perspective, the chosen alignment of the road by the project contractor likely provides an overall more stable roadway configuration than that originally proposed, using unreinforced excavation cut and embankment fill construction techniques along this steep -sloped portion of the road. We have provided cursory slope stability analyses for the excavation cut slopes and embankment fill slopes on and adjacent to the portion of the recently constructed roadway located on or adjacent to the City of Moab land parcel. Our study included observations of the topography and geomorphology of the project site and adjacent areas. As stated earlier in this letter, the subsurface soil and rock conditions, including the soil strength parameters used in our analyses are based on estimates only, and the results of these analyses are intended to provide a general assessment of the stability characteristics of the area analyzed. A more detailed subsurface exploration and laboratory study would be required to refine the analyses. Slope cross sections of critical portions of the site were prepared based on the site observations and the available topographic data provided on SMA plan sheets. The data developed during the analysis is condensed and used to estimate the forces within a soil mass that tend to drive movement and the forces that tend to resist movement. The ratio of resisting forces to driving forces is often referred to as the "theoretical slope factor of safety" (FOS) which is a somewhat misleading term to describe this ratio. The ratio is not a true factor of safety, but is a useful mathematical characterization of the forces within a soil mass and the associated stability condition of the slope being analyzed. A ratio of less than one (1) indicates that the driving forces within a soil mass are greater than the resisting forces; therefore movement of the slope is occurring. A ratio of one (1) indicates that the driving forces are equal to the resisting forces, which indicates that movement within the soil can be triggered by only slight increases in the driving forces or slight reductions in the resisting forces. A ratio of greater than one (1) is an indication that the driving forces are less than the resisting forces and the slope is not moving. Often times, a theoretical factor of safety in the range of 1.3 is considered to be stable for roadway construction. TRAOJTNER datN1111/4 Page 83 of 115 PN: 52993PE December 13, 2012 Page 3 We used SLOPE-W slope stability software to evaluate the stability of computer modeled slope cross sections of select portions of this site. We primarily used the Modified Bishop's Method of slices to analyze the computer modeled slopes. The Modified Bishop's Method of Slices evaluates the resisting and driving forces within slices of the sloped soil mass along a theoretical semi -circular failure plane. The semicircular failure plane with the lowest theoretical factor of safety is labeled the critical circle. Our slope stability analyses presented below are conservative with regard to global or large scale slope movement due to the fact that we modeled the subsurface materials within the slope as soil materials only and did not include the presence of formational materials. We used an angle of internal friction of thirty-five (35) degrees and cohesion ranging from about fifty (50) to seventy-five (75) pounds per square foot in our analyses. The cross sections analyzed are presented on the figure below. The portion of the constructed road (trail) alignment through the City of Moab land parcel is approximately twelve (12) feet in width with a cut slope height ranging from about two (2) to six (6) feet at a slope inclination of about one-half to one (0.5: l,h:v), and a fill slope height of about four (4) feet with a fill slope inclination of about one to one (1:1, h:v). The average cut slope height across this area is approximately four (4) feet. The photograph below indicates the geometry of the cut slope portion of this section of the road. Page 84 of 115 PN: 52993PE December 13, 2012 Page 4 The analyses presented below indicate the approximate factor of safety for the tallest portion of the excavation cut slope (about six (6) feet in height). ;n sir It 12 0 1 287 • I I I I I I 1 f 10 30 44 60 60 ! Q 90 p to Horizontal Distance {ft) As shown in the analysis above, the lowest theoretical factor of safety we obtained for the portion of the roadway in the City of Moab property is about 1.2 to 1.3 based on our assumptions of the subsurface soil strength properties. A factor of safety of about 1.3 is often considered stable for roadway design depending on the type and use of the roadway. The most likely failure occurs local to the roadway cut, and is relatively limited in depth within the hillside behind the cut face. We feel that the hillside stability or "global stability" of the hillside due to the excavation cut is relatively uninfluenced by the recent cut slope, however we do anticipate that some raveling and general erosion may occur local to the cut face. As discussed later in this letter, maintenance of the roadway will be necessary, especially after heavy precipitation events, and ATV use. TRMTNER WE ITT4 Page 85 of 115 PN: 52993PE December 13, 2012 Page 5 We feel that one of the more potentially unstable excavation cut slope associated with the recently constructed roadway was constructed adjacent to, and just outside, of our understanding of the southeast boundary of the City of Moab land parcel. The excavation cut slope was constructed around a steep natural ridge feature. We observe evidence of formational sandstone exposed at the ground surface in portions of the ridge feature above the recently constructed excavation cut slope. This excavation cut slope averages in height of about twelve (12) feet, with a small portion of the cut exhibiting a height of about fourteen (14) feet. The excavation cut slope then tapers down to a height of about six (6) feet at the City of Moab land parcel boundary. The excavation cut slope exhibits an inclination ranging from about one-half to one (0.5:1, h:v) to about three-quarter to one (0.75:1, h:v). The roadway in this area was constructed using a combination of excavation cut and embankment fill placement. The height of the embankment fill in this area is generally about six (6) to seven (7) feet with a slope inclination of about one to one (1:1, h:v) constructed over natural slope surfaces with inclinations between two to one (2:1, h:v) to three to one (3:1, h:v). The photograph below indicates the general geometry of this area of the roadway. TRAUTNER wrir Page 86 of 115 PN: 52993PE December 13, 2012 Page 6 The slope stability analysis presented below indicates the theoretical factor of safety of this excavation cut slope. The cut slope height in our analysis is twelve (12) feet with a slope inclination of about one-half to one (0.5:1, h:v). Vertical Distance (ft) 80 i i 50 4.0 0 20 10 12 0 1_D2 • r i 11) 211 :31j 4o3 i 130 Horizontal Distance (fk) 5f� i As shown in the analysis above, the theoretical factor of safety for the analyzed portion of the cut slope is approximately 1.0 which may be considered as marginally stable to unstable, based on our assumptions for the subsurface soil properties. As indicated in the previous analysis, the most probable failure may occur locally to the cut slope face, and is relatively shallow seated. We performed additional analyses that force the theoretical failure further into the ridge mass, and obtained theoretical factors of safety ranging from about 1.1 to 1.3, however these analyses are likely conservative in that we anticipate relatively competent formational material exists within the ridge mass that will prevent large scale failure of the ridge feature slope flanks. We feel that the conservative nature of the analyses is appropriate based on the limited information available as a basis for the computer modeling. TRAUTNER i1 Page 87 of 115 PN: 52993PE December 13, 2012 Page 7 We feel that it is relatively likely that shallow seated movement and general erosional degradation will occur local to the taller portions of the cut slopes in this area. The frequency and depth or movement or erosion degradation will decrease as the road alignment crosses into the City of Moab land parcel. As discussed with Mr. and Mrs. Bynum, we feel that it is prudent to drape a chain -link fence type product (mesh) over the taller and steeper excavation cut slope faces adjacent to the road alignment. The chain -link material should extend at least four (4) to five (5) feet above the crest of the excavation cut slope, and be anchored into the slope surface above the cut. This type of system will not appreciably increase the stability of the excavation cut slopes, but will help slow erosional degradation, and more importantly help keep potential rock fall from the cut slope face confined between the slope face and mesh product, helping to improve the safety of the road. Commercial products such as Geobrugg's Tecco-Mesh are available for this type of application, however a heavy duty industrial grade chain link fence material may be suitable as well. Anchoring the mesh will be somewhat difficult given the fact that the work will need to be done with hand equipment. It may be feasible to hand drive dowels (possibly rebar stakes) in some areas, install anchor bolts in outcrops of formational material or well seated boulders, etc... We are available to provide additional consultation regarding installation and specific areas where the mesh product should be considered at your request. In addition to installation of the mesh, we feel that it is prudent to scale or stabilize potentially unstable rocks in areas above the excavation cut slopes to help protect the users of the roadway. We suspect that the fill constructed along portions of this roadway were not compacted and likely to have been " track -walked", or "track -packed" in by the excavation equipment used to construct the roadway. We anticipate that some settlement and rutting of the roadway will occur, especially in the areas of deeper fill. The roadway will need to be periodically maintained, especially after heavy precipitation events or after periods of heavy use. Proper maintenance and grading of the roadway surface will help protect the stability of excavation and embankment fill slope surfaces. Water runoff should be directed to areas that will not erode the larger embankment fill slope surfaces, and should not be allowed to flow adjacent to the base of the excavation cut slope faces. We understand that Jeff Pillus, P.E., SET Engineering will be providing additional information and recommendations regarding roadway drainage issues. TRAUTNER Page 88 of 115 PN: 52993PE December 13, 2012 Page 8 Please contact us if you have any questions or if we can be of additional service. Respectfully, TRAUTNER GEOTECH Jonathan P. Butler, P.E. Staff Engineer Reviewed; David L. Trautner, P.E. Trautner Geotech TliAUTNER 4c-140)I01:11 Page 89 of 115 SET !�ENC'�1NEER1IVG, LLC ISO ROCII POINT Caw, SVITE F DURANGO, CO 01301 970.803.4000 wW W.SETENGINe.i.G.COM January 11, 2013 Mr. Jeff Reinhart Planning Director City of Moab Moab, UT, 84532 Subject: Moab Zipline Trail Access Dear Mr. Reinhart: I'd like to thank you and Mr. Foster for meeting me at the site on January 7, 2013. This letter is to summarize our observations and recommendations. As we discussed during the site visit, three outstanding items need to be addressed as follows: • Visual mitigation • Offsite drainage intercepted by the trail • Erosion control measures Visual Mitigation: A section of the trail on the south side of the city water tank was constructed north of the designed alignment. While this section is a more direct route up the slope, it contains a cut as seen in Figure 1. The cut slope is visible from Highway 191 but is inconspicuous due to the distance and upward angle of view. Visual mitigation measures for this section of trail may include planting the fill slope with native shrubs in a similar density to the nearby hillside. Figure 2 shows the trail cut on the City parcel. It is expected that natural weathering of the rock will also help mute the color of the fractured rock. Offsite Drainage: A natural drainage way directs most of the upslope runoff around the steepest part of the trail and around the section of trail on City property. This will help minimize the potential for erosion. Only a small area of the slope above will drain onto the trail and no additional diversions or drainage facilities should be necessary to control runoff. Figure 1 - Trail grade near City water tank Figure 2 — Trail cut on City property looking toward HWY 191 Page 90 of 115 Minor runoff will be intercepted by the trail just upslope of the City property. This runoff can be directed to the existing minor drainages by placing rock water bars at the natural drainages as was done on the lower portion of the trail. Sections of trail will require periodic maintenance to repair diversion structures. Because the trail users will be mainly operators of the Zipline facility, erosion problems can be identified and addressed immediately. Erosion Control: Most of the trail is constructed in rocky soils and should require little maintenance. However, as stated above, areas of the trail graded in soils without rock will require periodic maintenance. Two measures to minimize erosion are as follows: • Divert water from the trail with water bars at frequent intervals or as natural drainages occur. Water bars at natural drainages will take advantage of the rocky nature of existing drainages and help to disperse flows. Water bars may be added at any time in the future where warranted. • Limit water running longitudinally along the trail, especially within the wheel tracks. As vehicles climbing the hill may promote erosion in wheel tracks, water that begins to follow the wheel tracks should be dispersed as early as possible. Operators may consider adding rock to the driving surface as a mitigation measure when erosion begins to occur. Much of the blocky rock excavated from the trail can be harvested and used as a coarse driving surface to minimize erosion in the less rocky areas. S ET 'EI�IG EFttrG, LLC MO PACK POINT ONI V [. Stay[ F DURANGO, CO 81301 870.603 G0813 www' CTENGiNC C PA NG.com Upslope runoff is diverted to the north in this drainage. Figure 3 - This image, looking north shows the trail upslope of the City property. Runoff is diverted around the trail by a natural drainage. The alignment as graded appears sustainable. It will be in the operator's best interest to monitor the trail and to address any erosion concerns immediately. Ample on -site material exists to repair or replace erosion control measures and most repairs can be done with hand tools. The naturally rocky nature of the soils will help protect slopes and it appears that with minor additional management, erosion will be minimized. If you have any additional questions or comments, please feel free to contact our office. Thank you for your time and consideration in this matter. Sincerely, Jeff Pillus, PE SET Engineering, LLC Page 91 of 115 Moab Zip Line Adventure 716 Pear Tree Lane Moab, UT 84532 720-272-0605 December 14, 2012 City of Moab 217 East Center Street Moab, UT 84532 435-259-5121 Dear City of Moab, Foremost, we would like to acknowledge that a portion of the trail was not built in accordance with our lease agreement. We apologize and accept responsibility for this, and have acted immediately to address and correct the matter. Upon review of the letter from the City dated December 10th, we would like to address issues and concerns regarding the portion of the trail that is in discrepancy. As requested, we have ceased all excavation until this matter is resolved. We have met several times with City members to discuss the issues, and on December 13th, contracted Jon Butler of Trautner Geotech LLC to assess the situation. Attention has been given to the new alignment, cut and fill areas and the extent of damage done to City Property. Trautner Geotech has evaluated the original proposed engineered trail versus the constructed trail. Their report will give a recommendation of which is the most appropriate route from a geotechnical standpoint. Per conversation with the Geotech engineer, it is our understanding that the constructed route is the best solution. We plan to follow their recommendations to address remediation, drainage, erosion, soil disturbance and effects on adjacent properties. We will implement their recommendations for slope stability for the new trail alignment, and we will work with City officials to ensure that all proposed geotechnical recommendations are fully satisfied. If the Geotech report recommends, we will have an engineer on site to oversee the remediation work to this portion of the trail. Additionally, we will continue to work with City officials with regards to aesthetics of the disturbed soil and assure that re - vegetation will be implemented to the City's satisfaction. We understand and acknowledge that the new trail alignment uses more City property than originally agreed upon. We also agree there shall be an increased fee for a new lease agreement. Per our conversations with the Geotech Engineer, damage, erosion, and drainage control is of minimal impact on City property. We will address these issues per the Geotech's recommendation and personally Page 92 of 115 finance any associated costs and labor. We are hoping that the $5,000 recommended fee by the City is negotiable, and is based upon the additional encumbrance on the City property. We are working hard to satisfy all parties involved, and are confident in a solution that meets all geotechnical recommendations, addresses all of the City's concerns, as well as minimizes environmental impacts. We appreciate your time, effort and consideration of this matter. Sincerely, Casey Bynum Moab Zipline Adventure 720-272-0605 Page 93 of 115 LICENSE AGREEMENT For the use of City Property By and between the City of Moab and Business Resolutions LLC THIS LICENSE AGREEMENT made effective on the date signed below by and between the City of Moab, whose address is 217 East Center Street, Moab, Utah 84532, referred to as LICENSOR and Business Resolutions, LLC, whose address is 7000 Walkabout Ranch Road, Moab, Utah 84532, referred to as LICENSEE. RECITALS Whereas, LICENSEE has obtained all necessary approvals to locate a zip line tour business on the property shown in Exhibit A; and Whereas, LICENSEE has agreed to construct all structures for the zip line tour business according to the Grand County approved site plan shown in Exhibit B and the City of Moab approved site plan shown in Exhibit C; and Whereas, LICENSEE requires motorized trail access through LICENSOR's property in order to operate the zip line tour business contemplated in Exhibits A, B and C; and Whereas, LICENSEE intends to maintain a valid business license for the Moab Zip Line Adventures business, NOW THEREFORE, the parties do hereby agree as follows: SECTION ONE GRANT OF PERMISSION In consideration of the sum of Two Hundred Dollars ($200.00), the receipt of which is hereby acknowledged, and in further consideration of the mutual covenants of the parties to this license agreement, LICENSOR hereby grants to LICENSEE a license to build and use a motorized trail (130' X 10') on the LICENSOR's property as shown on the attached EXHIBIT C. Permission is granted for employees of Moab Zip Line Adventures to use the trail for purposes of transporting patrons of the zip line tour business to and from the zip line locations contemplated Exhibits A, B and C It is expressly understood that this grant of permission is not a public access easement or license. Accordingly, Moab Zip Line Adventures and/or LICENSEE shall not permit Page 94 of 115 5-1 members of the public at large, without accompaniment of a Moab Zip Line Adventures employee, to access the trail. SECTION TWO NON-EXCLUSIVE USE OF LICENSE LICENSOR agrees that LICENSEE's privilege to use the trail on the premises shall be non-exclusive, and that the LICENSEE shall have the right of ingress and egress over the approved trail route so as to facilitate LICENSEE's privilege only as granted herein and LICENSEE agrees and acknowledges it has no other rights, title, interest or privileges in or on the REAL PROPERTY. SECTION THREE NON-INTERFERENCE WITH LICENSOR'S OPERATIONS LICENSEE agrees that LICENSEE will exercise the license granted under and pursuant to this agreement in a manner reasonable and non -injurious to the operations of LICENSOR. SECTION FOUR TERM This license shall extend from the date this LICENSE AGREEMENT is signed and continue for a period of not less than ten (10) years. The LICENSOR may revoke and terminate this LICENSE AGREEMENT at any time for good cause. Prior to commencing any action to terminate the license agreement, the LICENSOR shall serve the LICENSEE written notice providing a thirty (30) day period for the LICENSEE to cure or abate any offending condition of the trail. It is further understood that this License may be revoked upon non -operation of the zip line business for one year, or the expiration or revocation of any required business licenses for the zip line business. SECTION FIVE TRAIL STANDARDS AND MAINTENANCE RESPONSIBILITY LICENSEE agrees to build the trail on the premises in accordance with all conditions of approval placed on the project by the Moab City Planning Commission, all applicable City codes and to a standard acceptable by the LICENSOR. Page 95 of 115 5-1 LICENSEE agrees to sign and maintain the trail at its own expense. All signs must be approved by the City of Moab. SECTION SIX INDEMNIFICATION LICENSEE agrees to indemnify and hold the LICENSOR harmless from any claims, suits, damages, losses, expenses, costs and liabilities arising out of or in any way related to the use of the trail on the LICENSOR's property. All patrons utilizing the trail shall sign a waiver indemnifying the City of Moab for any liability associated with the trail. Moab Zip Line shall obtain approval for LICENSOR for the liability indemnification language used in waivers signed by patrons. In witness whereof, each party to this agreement has caused it to be executed at Moab, Utah on the date indicated below: DATED this day of October, 2012. CITY OF MOAB By: David L. Sakrison, Mayor ATTEST: Rachel E. Stenta, City Recorder BUSINESS RESOLUTIONS, LLC By: Name and Title of Signatory: Page 96 of 115 5-1 i 1 I e 3 Z' Z Y :ON 133HS 211Y10340044116 21111MOM 0321.1311 21021010432 DON 0 D ea m N Ti c r m �o Nm z c m no WI: w m IMMO 311 mine NOIS30 wnNAe Q 4� N001.eusio •� 133N1S NIVN 01 .T kA=AllBttJS ZL NVld 311S 21311b211 a3SOd021d ` '30VNIV80 ONV ONIOVNO NO3 SONNAVNO O.00133NION3 01 N333N *Yet 091/0.1 r 31nWMJ0311N-Vli 9/00.10I 2'¢ �+bed.Oupped p urbsN smA.G00 • axle dnw0 any z tends MyAnd pulM•tl NO. 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Box 1523. Longmont, CO 80502, as "Owner" of a .26.34-acre parcel located in the C-4, General Commercial Zone, and located at approximately 900 North Main Street, Moab, Utah 84532 has applied to the City of Moab ("City") for approval of a commercial site plan; and WHEREAS, the applicant provided the City with the necessary documents, plans and drawings to complete the application for a site plan as required in Moab Municipal Code (MMC) Chapter 17.09.660; and WHEREAS, the City of Moab Planning Commission ("Commission") reviewed said commercial site plan in a public meeting held on September 27, 2012; and, WHEREAS, the applicant is desiring to construct a 394 square foot structure to serve as the business office for a zip line recreational operational; and WHEREAS, the proposal consists of a single structure with a patio/deck, sanitation facilities for patrons, vehicular parking areas, storage, and landscaping, and other improvements as described on the submitted engineering plans labeled 1 of 4, through 4 of 4 and the architectural plans labeled A1.0, A2.2, A2.3, A2.4, L1.0, and L1.1; and WHEREAS, the proposed parking and business office uses are allowed in the C-4, General Commercial Zone; and WHEREAS, the Commission, having considered city staff recommendations, and discussed the pertinent aspects of the development, found that: 1. The proposed access trail does not require a Hillside Development Permit but meets the standards of the requirements for hillside development to: • Minimize soil and slope instability • Minimize erosion of the slopes • Minimize the negative effects associated with construction in geologic hazard zones • Preserve the visual and aesthetic character of the hillside 2. Curb and gutter are not required because of the future further development of this portion of Highway 191 by UDOT. 3. The parking and landscaping designs satisfy the minimum requirements of the code. 4. The submitted elements of the commercial site plan for the construction of the office front, satisfies the requirements of MMC, Title 17.0 5. The bike/pedestrian path adjacent to Hwy 191 will serve as the required sidewalk NOW, THEREFORE, be it resolved by the City of Moab Planning Commission, that adoption of Resolution #13-2012 hereby approves the submitted Commercial Site Plan and access trail for Moab Zipline Adventure as planned and to be located at 900 North Main Street, Moab, Utah, with the following conditions: Page 100 of 115 5-1 2 1. Signage. The trail shall be adequately posted to keep the general public from using the trail. 2. If necessary, gates or other appropriate devices shall be utilized to enforce the limited use of the trail. 3. An easement for the access trail extension through City property to the starting station for the zip line must be approved by Council. 4. The trail shall be constructed in accordance with the recommendations proposed by Huddleston- Berry as per attached letter dated August 10, 2012. 5. Those portions of the landscaping within the UDOT right-of-way must be relocated on the property. 6. The bike/pedestrian path adjacent to Hwy 191 shall be extended within the UDOT right-of-way and shall serve as the required sidewalk. All plans shall be reviewed by UDOT for compliance. 7. A review of the business signage is required under a separate permitting process. Kelly Ch • Date 1/01i/IP- p:\planning department \2012\resolutions \pc\13-2012 moab zip.docx Page 101 of 115 ■ Iluddleslon-I3erry epoi►eering & v:Utug, LL,G Bynum Design 13uild, LIG 983 Cherryvale Road Boulder, Colorado 80303 Attention: Mr. Casey Bynum Subject: Ceotechnicnl l valusltion Proposed Gip Lines Course Moab, Utah 640 White Avenue Grant! Junction, CO 81501 Phone: 970-255-8005 Lax: 970-255-6818 l lu(1(Ilrtitnntierry@bresnnn,nei www.1413E`I °Leon► August 10, 2012 Projcctll01158-0001 Reference: flans titled Aloab Zip ,Lime, Trail Plan and Prg le by Souder, Miller & Associates, July 17, 2012. Dear Mr. Bynum, At your request,. Huddleston-Berry 13nginering & Testing, LLC (T3131: T) conducted an engineering evaluation for a trail proposed as Dart of a zip lines project in Moab, Utah. The purpose of our work was to evaluate the suitability of using 11I:1 V cut and till slopes for the taut construction. In order to evaluate the conditions at the site, 141313T walked: the entire proposed trail alignment on August 9"), 2012. Along most of the alignment, sandstone and shale bedrock outcroppings were observed. In marry areas, the existing slopes were nearly vertical. Significant colluvium was present where bedrock was not outcropping. At the time of our reconnaissance, TIBET did not observe any evidence of large-scale instabilities in the slopes along the proposed trail alignment. As a result, T-IBET believes that 1H:1 V cut and fill slopes are feasible for the proposed trail. however, the bedrock observed. at the site was highly fractured and moderately to highly weathered at the surface. As a result, depending on the condition of the bedrock in cut areas, it may be necessary to use shotcrete, with or without tieback anchors, in some rheas to provide stability of the rock face. With regard to the fill slopes, beset! upon our observations at the site, the bedrock excavation is likely to yield very coarse material and it is unlikely that these materials will be stable at 11-1:1 V on their own. As a result, it is recommended that the fill slopes be reinforced. with geogrid. Detailed specifications for the reinforcement of the fill slopes will be developed by I-IBET as the design progresses. Overall, based upon our observations at the site, the largest risk to the proposed trail is colluvial material (i.e. rockfall) from above the trail. It may be necessary to reprove some boulders or install rockfall protection measures to limit the potential for colluvial materials to frill onto the trail. Page 102 of 115 ■ Zip Lines 'troll r/01158 •UUU I 0/1U/12 Jiuddlraum•licrtl• Irp•0110 I,nb.t IEC In general, I it : did not observe any evidence to suggest that l II:I V cut and till slopes Could not be used. However, it: is strongly recommended that HBE'T be contracted to provide engineering oversight during construction. HBET call identify areas where: additional support such as shoterete, tieback anchors, ete. will be required. In addition, HBET can Wen* fireilS where there is a significant risk of colll.lvial materials impacting the trail. We are pleased to be of service to your project. Please contact us if you have any questions or comments regarding the contents of this letter. Respectfully Submitted: Huddleston-Berry Engineering and Testing, ILL e)C tv�,l � /n_ e rY NO.6911911 MICI1ACI.ALLAN -1212 o r• y lfi mak Michael A. Berry, P.E. Vice President of Engineering W:120011 ALL PROIIICTS'OIISS EMUS! Design Mild, LLC•0113s.00OlF?y itiRgiiiroptgcu'.0115s.0001LR0310n2.Joc 5-1 PL-12-136 City of Moab Interoffice Correspondence TECHNICAL REVIEW MEMORANDUM Moab Zipline Adventure Commercial Development Plan Exhibit F For Presentation: September 27, 2012 Meeting of the Planning and Zoning Commission Date Prepared: September 17, 2012 Prepared By: Jeff Reinhart, City Planner Development: Moab Zip Line Adventure and Campground Name and Address of the Owner(s) of Record: Mark Steen, President Mi Vida Enterprises, Inc. Moab, Utah 84532 Name and Address of Representatives: Casey Bynum 716 Pear Tree Lane Moab, Utah 84532 Name of Engineer/Land Surveyor: Trail Clint Allen, P.E. Souder Miller and Associates, Inc. 11 N.Main St #7 Moab, Utah 84532 and Site Plan Jeff Pillus, P.E. SET Engineering, LLC 150 Rock Point Drive Durango,Colorado 81301 Summary of Significant Issues 1. The Planning and Zoning Commission ("Commission") must determine if the development is compatible with the underlying C-4 zone and surrounding properties. 2. The Commission must determine if development of the proposed trail and other improvements satisfy the standards of the hillside development regulations and site plan requirements. 3. The Commission must evaluate the impacts of traffic from the development on existing streets in the area and if ingress and egress routes and internal traffic circulation are adequate. Page 104 of 115 5-1 P&Z - TECHNICAL REVIEW PW-12-136 Moab Zipline Adventure Site Plan Review September 27, 2012 Page 2 4. The Commission and City Council must evaluate the appropriateness of the proposed trail easement through a portion of city property. 5. The county planning commission review of the proposal must be considered when reviewing this project. Base Information Size and Location: The amount of property totals well over 300 acres. The zip line route will cover approximately 52.8 acres and is located east of North Main Street (Hwy 191) at approximately the intersection of North Main and 500 West. The store site and parking area within the 26.34 acres located within city limits will involve about .7 acres with the trail winding up over the bulk of the unincorporated private property in the county. Legal Description: Proposed Use and Present Zoning: The property is currently undeveloped and the proposed use is for a business office, campground (future phase), access trail to the top of the mesa (to access property adjacent to Hell's Revenge Trail), a six line zip line course that includes walking paths between stations, a parking area, and limited sanitation. The portion of property within the city will contain the parking area, a business office-394 square feet in size- for tickets, landscaping, and sanitation facilities. Business Operation: Tour groups, consisting of 2 guides and from 10 to 16 patrons, will be transported on ATV's from the office on Main Street about 2 miles up a partially existing trail to the top of the mesa that holds Sand Flats Recreation Area and Hell's Revenge Trail. Once there the vehicles will be parked where limited sanitation facilities are provided. This base will be located at the beginning of the zipline course loop. The course consists of 6 zip lines ranging from 290 feet to 1,240 feet in length. Each line has a start and a landing (finish) point. The line supports consist of 6 to 8 inch diameter pipes with guy wires of galvanized aircraft grade cable spanning the stations. It is anticipated that the posts will be no taller than 10 to 12 feet in height and that a non -reflective earth tone paint will be applied to blend with the surrounding colors. Walking paths between the zip lines vary from 50 to 240 yards and follow the exposed sandstone and avoid any environmentally sensitive areas. Total trip length is between 2 and 2.5 hours. The guides will drive patrons back down the slope to the office and parking area below. Hours of operation will be from 8 am until dusk so will vary as the year progresses. At a minimum, the number of employees will include an operations manager, a general manager two guides, and a business administration/front desk clerk. However, additional tours will require an increase in guides as the business grows. Review of Submittal Requirements Page 105 of 115 5-1 P&Z - TECHNICAL REVIEW PW-12-136 Moab Zipline Adventure Site Plan Review September 27, 2012 Page 3 MMC Chapter 17.09.660, Site Plan -required, establishes the required documents, plans and studies that comprise a complete site plan application. Staff has assessed the submitted documents and determined that the applicant complies with the requirements of the code. The following are required and if not in the agenda packet in some form, are on file for review. "17.09.660 Site plan --Required. D. Included in packet Preliminary Site Plan. Applicants shall submit a minimum of four copies of the preliminary site plan (with requirements as listed below), drawn to a scale not less than one inch = fifty feet (on paper no larger than twenty-four inches by thirty-six inches), and one copy reduced to eleven inches by seventeen inches that shall include: 1. Parcel Boundary Lines. Include all easements, setbacks and construction limits of the project site. Must show with finished floor elevations of all new construction; 2. Drives, Streets, and Rights -of -way. Include widths of pavement, curb and gutter and dimensions of rights -of -way; 3. Parking and Loading. The parking plan must include a count of spaces and details of ADA parking spaces as well as indicating the location and types of lighting proposed for security lighting of the area; 4. Access. Include points of ingress, egress. For developments adjacent to and accessed by a state or federal highway, UDOT's evaluation letter must be attached. NOTE: A traffic study may be required as part of the application if deemed necessary by city staff or UDOT; easements; use type, width and identity all users; 5. Structures and Signs. Location and dimensions of all proposed structures and signs; 6. Refuse Areas. A statement from the refuse provider and detailed drawings of the refuse enclosure must also be included; 7. Common open space. Must be described on the plat if condominium/townhome ownership will be used; 8. Topography. All site conditions including terrain contours, buildings, structures, utilities, drainage, and other physical features on or near the site. Existing and finished grades must be shown in different shades/colors. Small projects may contain this topographic survey on the site plan but larger projects must show a separate survey; 9. Use Types. Specific areas proposed for specific types of land use shall be shown. Include the approximate acreage or square footage for each area and the slope or other defining feature for the area; Page 106 of 115 5-1 P&Z - TECHNICAL REVIEW PW-12-136 Moab Zipline Adventure Site Plan Review September 27, 2012 Page 4 10. Public Dedication. Areas proposed for public dedication shall note whether for parks, public school use or streets and rights -of -way; 11. Lots or Plots. Include all dimensions and total area of each lot or plot; 12. Parks and Parkways. Must include perimeter dimensions, total area, and average slope; 13. School sites. If applicable, perimeter dimensions and total area must be included; 14. Sidewalks and Trails. Show connectivity to existing trails and proposed trails as indicated on the Grand County non -motorized master trails plan; 15. Adjacent Zoning. Clear labeling of the zoning for adjacent properties within three hundred feet shall be shown. Details for county zoning designation may be submitted separately or be included in the narrative; 16. Floodplain Status. The floodplain status of property and the elevation of lowest floor of structure if required; 17. Fire Hydrants. The locations for fire hydrants shall be shown and approved by the fire marshal and public works director; 18. Title Block. A title block shall appear in the lower right hand corner of all plans and plats and shall contain the name of the development, legal location of the property, name and contact information of the site designer/engineer/surveyor, and the name of subdivision. The drawing scale and north point shall also be placed on the plat or plan. E. Included in packet Location and Typical Elevations of structures. Applicants shall submit four copies of drawings depicting all side elevations of existing or proposed buildings and structures. Drawings shall clearly define the location, dimensions, construction components, quality and delineation of materials, methods of construction, finishes and descriptions of all pertinent equipment and architectural elements. Each view should show the dimensions, heights and appropriate schedules and show openings and identify materials used on the fag;ade and roof. Methods for the screening of rooftop mechanical devices shall be included. Each building shall be located using a minimum of two location dimensions. F. Included in packet but reviewed under separate permit Conceptual Master Sign Plan. If signage is anticipated, applicants shall submit four copies of a master sign plan showing the location and dimensions of all signs and areas in square feet of all buildings and individual business spaces within each building. Signs are not specifically approved through this review process but are subject to a separate permitting, review, and approval process by the zoning administrator. Page 107 of 115 5-1 P&Z - TECHNICAL REVIEW PW-12-136 Moab Zipline Adventure Site Plan Review September 27, 2012 Page 5 G. In packet Lighting Plan. The lighting plan shall show number and types of fixtures for walkways, building exterior lighting, and parking area illumination. Light fixtures shall consist of a full cutoff, fully shielded, downward directed type of light. Internal or external shielding may be used to prevent glare toward other properties or into the roadway. Lighting of required parking areas shall be a minimum of .5 foot-candles at all areas of the parking lot. Wall mounted flood lights that direct outward toward other properties and roadways are prohibited for this function. H. In packet Landscape Plan. Applicants shall submit four copies of a landscape plan. Details shall include size and species of plantings, an irrigation plan, xeriscape plan, care and maintenance plan. All applicable code sections of the Moab Municipal Code must be used to develop the landscape plan. Proposed erosion control and details must also be noted on the landscape plan. I. None identified on location Wetlands and Riparian Areas. Riparian areas, probable wetlands, and areas where stream channels may be altered by planned development must be delineated on the site plan. Where probable wetlands are located on the project site the application must accompanied by a letter from a wetlands consultant or hydrologist describing the nature and character of same. Flood zones and the accompanying designation must be shown and will require an engineered review to mitigate storm water drainage issues and possible flood damage to structures; J. In packet Adequate Drainage. Four copies of the storm water drainage plan shall be submitted and show calculations and other information specified below: 1. Storm Water Drainage Plan. This study or report shall show the acreage draining into the development, points of runoff through and away from the property. A developer shall provide, at his expense, drainage structures that will become integral parts of the existing street or roadway drainage system, and the dimensions of all drainage structures must be approved by the city public works director prior to installation. The developer shall show that the drainage plan complies with existing master drainage plan of the city and failure to provide such proof will constitute grounds for denial of the application. Drainage structures and ditches shall be of a size and nature sufficient to carry the calculated storm water from streets, roadways and open drainage areas as based on standard engineering principles. The drainage plan shall demonstrate that proposed development will result in no net increase in stormwater discharge, as compared to pre -development conditions. A grading and drainage plan as described below shall accompany any application that may require a drainage study. The plan shall be prepared, signed and sealed by a professional engineer of the state of Utah and include, at a minimum, the following information: a. Project site, including three hundred feet beyond its boundaries; b. Existing contours at two -foot intervals shown as dashed lines; Page 108 of 115 5-1 P&Z - TECHNICAL REVIEW PW-12-136 Moab Zipline Adventure Site Plan Review September 27, 2012 Page 6 c. Proposed contours at two -foot intervals shown as solid lines; d. Indication of a permanent benchmark referenced to mean sea level; e. Drainage system shown in plan view with estimated cubic feet per second flow for a ten-year storm; f. Location of all natural drainage channels and water bodies; g. Existing and proposed drainage easements; h. Type, size, and location of existing and proposed drainage structures such as pipes, tiles, culverts, retention ponds, detention areas, etc.; i. One hundred -year (base) flood areas; j. Additional grading and drainage standards may be required in specific flood zones to satisfy Federal Emergency Management Administration requirements; k. Erosion control plan showing adequate sedimentation control which shall be accomplished throughout construction phases as well as during the ongoing operation of the use and any permanent sedimentation control structures and/or facilities to mechanically stabilize the soil (e.g., sedimentation ponds, dikes, seeding, retaining walls, rip -rap, etc.); and 1. Flood hazards. 2. Minimum Standards. All provisions for drainage and flood control shall be established at a minimum to handle the anticipated one hundred -year frequency storms for maximum period of intensity over the entire drainage basin, which the subdivision serves, and they shall be made in accordance with the approved improvement plan. The one hundred -year floodplain referred to herein shall mean that floodplain calculated on the basis of a fully -developed watershed, regardless of any regulated floodplain designations. 3. Erosion. Where free fall of water occurs, satisfactory means shall be provided to prevent erosion of soil. Culverts shall have concrete head walls and wing walls where conditions require. 4. Catch Basins. Standard drop inlet catch basins shall be constructed. 5. Engineered Design. The city requires that improvements be designed and stamped by a Utah registered engineer. 6. Water and Sewer System Protection. Water supply systems and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters. 7. Retention Areas. For control of on -site drainage that may impact downstream flows from storm run-off, the developer may be required to construct retention areas. It may be necessary for the developer to supply, at his expense, a drainage plan to support the size or absence of retention areas on the site, as described in this section. Page 109 of 115 5-1 P&Z - TECHNICAL REVIEW PW-12-136 Moab Zipline Adventure Site Plan Review September 27, 2012 Page 7 K. Included in packet Planned Grading. Grading for surface drainage (shown by contours and spot elevations) should also show the planned grading and paving of driveways, access roads, and parking areas. Grading and paving shall be shown on plans, profiles, cross sections, and details as necessary to describe new construction. Details of curbs, gutters, sidewalks, drainage structures, and conveyance systems, dimensions of all improvements, size location, thickness, materials, strengths, and necessary reinforcement can be shown on the site plan if a small project or, on a separate drawing based on the complexity of the project. L. In packet Narrative. The application shall describe in reasonable detail the proposed development, lot and block and subdivision description. Name(s), addresses and telephone numbers of the property owners and applicable consultants must be included. A regional or vicinity map shall accompany the submitted application to indicate the location of the project. M. In packet Utility Plan. All utilities and points of connections to utility mains for sewer, water, communication services, gas, telephone, cable TV, and electric service must be shown. N. On file Evidence of Title. The application shall be accompanied by one copy each of a current title insurance commitment, ownership and encumbrance report, or abstract of title prepared by a title insurance company or attorney showing all ownership interests, easements, and encumbrances applicable to the subject parcel. If common elements are to be included in the proposed development the applicant shall provide draft covenants, conditions, and restrictions for review. O. On file Slopes. If proposed development is likely to result in grading of hillsides, City staff may require the applicant to submit four copies of a slope study prepared by an engineer or surveyor utilizing the most current topographical information. P. On file Surface and Subsurface Soils Report. The application shall include four copies of a surface and subsurface soils report and provide evidence establishing soil suitability for the proposed development. The report may be based upon information from the National Resource Conservation Service (NRCS) of the United States Department of Agriculture (USDA), a licensed geotechnical engineer or another form acceptable to city staff. At a minimum, the report shall include: • A description of soil types; • Locations and characteristics with supporting soil maps; • Soil logs of test pits and auger holes; • All other information necessary to determine soil suitability for the scope of the development; constraints on development based on the findings; • Analysis and evaluation of such information with recommendations regarding structural constraints, erosion control; and • A determination of the adequacy of the characteristics of the soil as they relate Page 110 of 115 5-1 P&Z - TECHNICAL REVIEW PW-12-136 Moab Zipline Adventure Site Plan Review September 27, 2012 Page 8 to the proposed uses and development. 1. The surface mapping report of the area shall be accompanied by a written narrative and map that is titled, dated and signed by a Utah licensed professional engineer. The report must address the above concerns and any geological or flood hazards/limitations. 2. Subsurface soils investigations shall include a map locating test pits or auger holes as well as the classification logs. 3. The scope and detail of the soils analysis shall be determined by a Utah licensed professional engineer. Compliance with Site Development Requirements Parking The use of the office would require only 2 parking spaces. The applicant has indicated that 5 spaces will be available in front of the office with an additional 4 spaces available for overflow parking. ADA Compliance The applicant has chosen a slab -on -grade site built structure rather than a factory manufactured structure that would have required elevating the building and constructing a long handicapped accessible ramp. The grading will now allow an accessible route to intersect with the finished floor of the building with a gently sloped walkway. Landscaping The shown landscaping appears to be adequate and is well in line with the requirements of the code for the project. It does appear that portions of the landscaping is in the right-of-way and must be relocated. Use Regulations The uses are allowed in the C-4 General Commercial Zone as established by Code Chapter 17.24.020, Use regulations. Trails While the access trail from the office to the zip Ine course does not require a hillside development permit, it must meet the same standards for development of the trail under MMC 17.55, Hillside developments. Slope analysis and geotechnical studies were submitted for review by the city engineering staff and the trail must be constructed in conformance with the recommendations of the engineering firm of Huddleston-Berry. Lighting A lighting plan in included and shows that a downward directed and full cutoff system will be used. No lighting of the trail will occur and the business will operate until dusk. Page 111 of 115 5-1 P&Z - TECHNICAL REVIEW PW-12-136 Moab Zipline Adventure Site Plan Review September 27, 2012 Page 9 Review of Hillside Development Requirements MMC Chapter 17.55.010 states the purpose of the hillside development standards are to "...minimize soil and slope instability and erosion and the negative effects associated with construction in geologic hazard zones. In addition the city finds that the preservation of the visual and aesthetic character of the city's hillsides is an important public goal. The provisions herein are intended to supplement and amplify the city subdivision and zoning ordinances and are designed to accomplish the following: A. Prohibit development of uses which would likely result in a hazardous situation due to slope instability, rock falls, or excessive erosion; B. Provide for safe vehicular circulation and access; C. Encourage the location, design and development of building sites in a manner that will minimize the scarring and erosion effects of cutting, filling and grading of hillsides; D. Encourage preservation of open space by encouraging clusters or other design techniques to preserve the natural terrain; E. Where hillside excavation does occur, require that buildings be located in the cut area to minimize the visual effects of scarring." Staff has based their determination that the hillside regulations do not apply in this case because the code terminology is geared for development such as a home site or subdivision with structures and paved streets and drives and not for a graveled access trail on private property. Nevertheless, hillside standards were applied to this trail through the review process and the required studies as necessary in 17.55.050, Application submittals, were received from the applicant. Regular maintenance of the storm water drainage system will be the greatest single factor in the continued quality of the designed trail. A statement from the applicant addressing the issue is included in the packet. The creation of dust was discussed and the trail will course mostly through rock on the way up and, once on top, will proceed on slick rock to the base station. A comprehensive review of the trail design by Souder, Miller and Associates as well as the review of the geotechnical report and other comments by Huddleston-Berry Engineering and Testing, LLC has been completed by city staff members. The conclusion is that the proposed slopes in the cut and fill areas for the trail are acceptable as long as maintenance is faithfully carried out by the operators of the zip line and the recommendations for construction are followed . jApwadmin\jeff\reports\teohrevw\subdiv\rodeo pud TR.doo Page 112 of 115 5-1 AGENDA SUMMARY MOAB CITY COUNCIL MEETING March 26, 2013 -.44 AGENDA ITEM #: 5-13 Title: Resolution #05-2013 Establishing Rates for Security and Traffic Control Services for Private Events Fiscal Impact: This rate increase will increase revenue from this source up to 63%. Staff Presenter(s): Donna Metzler, City Manager Department: Police Applicant: NA Background/Summary: Please see the attached memorandum from Police Lieutenant Scott Mallon, which explains the history of these fees and the need for the increase. This fee has never been formally established. This resolution allows for the fee to be established, and then raised periodically as necessary to cover increased costs. 1 Options: The Council may approve, approve with conditions, deny or postpone the item. Staff Recommendation: Staff recommends Approval of Resolution #05-2013 as presented. Recommended Motions: "I move to approve Resolution #05-2013 as presented." Attachment(s): Resolution #05-2013 Internal memorandum from Lt. Mallon Oagenda\03-26-20 1 3 \agenda summary sheet resolution 05-2013 police fees.docX Page 113 of 115 RESOLUTION 05-2013 A RESOLUTION OF THE GOVERNING BODY OF THE CITY OF MOAB ESTABLISHING RATES FOR SECURITY AND TRAFFIC CONTROL SERVICES FOR PRIVATE EVENTS WHEREAS, the City of Moab, through its Police Department, occasionally provides security services for movies, commercials and special events; and WHEREAS, the City of Moab has determined that the rates charged for these services should be comparable to those charged by similar entities for similar purposes; and WHEREAS, established rates should be increased from time to time to account for an increase in City costs. NOW, THEREFORE, BE IT RESOLVED BY THE GOVERNING BODY OF THE CITY OF MOAB THAT THE FOLLOWING FEE SCHEDULE IS HEREBY ADOPTED: Moab City Police Department Rates for Security and Traffic Control Services for Private Events $ 65.00 per hour per officer $240.00 minimum charge per officer for traffic control $ 65.00 per day per car $ 0.65 per mile Time charged begins when the officer leaves his/her residence and ends when he/she returns to his/her residence. If 12-hour notice is not given for cancellation, there will be a minimum charge for four hours for each officer requested, along with four hours of vehicle time. These rates may be adjusted periodically to reflect increases in city costs. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council this 26th day of March, 2013. SIGNED: ATTEST: David L. Sakrison, Mayor Rachel E. Stenta, City Recorder Resolution #05-2013 Page 1 of 1 Page 114 of 115 MOAB CITY POLICE DEPARTMENT MEMORANDUM To: Donna Metzler, City Manager From: Lt. Scott Mallon '"t't------- Subject: Traffic Control/Security Fees Date: 03/12/13 Memo #: PD-MEM-13-03-03 As you know, for several years the Police department has provided traffic control and security for movies, commercials and some special events. This is accomplished by utilizing officers on their scheduled days off to fill any slots for these shifts and we use officers from all three local agencies to accomplish this. The rates that we charge for these functions have been revised from time to time. I have recently spoken to the Recorder's office and found that we might want to revisit the fees charged, especially for some officers. According to their office, some officer's overtime rates are higher than the current rate charged to companies at $40.00 per hour. In these incidents the city must pay the higher overtime rate of the officer. Our department currently charges companies, $40.00 per hour for the officer, $40.00 per day per car and .40 cents per mile traveled. There is a minimum charge of four hours paid along with the vehicle charge if the companies cancel prior to a (12) hour notice of any changes or cancellations. I have spoken with the local Highway Patrol office and the Grand County Sheriff's office and found that there rates are quite a bit higher. The Highway Patrol charges $65.00 per hour per officer for security or traffic control. The rate for wide load escorts is $75.00 per hour per officer. They also charge $50.00 per day per car and .75 cents a mile. The Grand County Sheriffs office now charges $65.00 per hour per officer, $35.00 per day per car and $1.00 per mile. It is my recommendation that the Police Department raise their rates to $65.00 per hour per officer, $65.00 per day per car and .65 cents per mile. Please see the attached Letter of Understanding and Confirmation and daily invoice that we use. These are the forms that I would like to change to include the new rates. As always, if you have any questions or comments about this memo, please feel free to contact me. Page 115 of 115