REGULAR CITY COUNCIL MEETING Tuesday, February 4, 2020 6:00 P.M., CITY COUNCIL CHAMBERS Located in the Elks Civic Building at 107 South Cascade Avenue
The Montrose City Council is pleased to have residents of the community take time to attend City Council Meetings. We encourage your attendance and participation. Individuals wishing to be heard during public hearing proceedings are encouraged to be prepared and will generally be limited to three minutes to allow everyone the opportunity to be heard. Additional written comments are welcome and will be received at any time.
The 11:00 p.m. rule will be enforced. All agenda items scheduled and noticed to be heard today must begin prior to 11:00 p.m. or they will be rescheduled. At 11:00 p.m., if the meeting has not already been adjourned, further proceedings shall be conducted as follows: 1) If the City Council is discussing an agenda item, but has not voted on the item before 11:00 p.m., the City Council may take a vote to decide whether to continue the item to the next meeting. 2) The City Council may also consider additional agenda items that require action in a specified time period due to legal requirements. 3) All other agenda items not previously opened shall be placed first on the next City Council Agenda.
1) City Council meeting called to order by Mayor Dave Bowman
2) The Pledge of Allegiance
3) Roll call by the City Clerk
4) Changes to the agenda, including additions and deletions
5) CALL FOR PUBLIC COMMENT FOR NON-AGENDA ITEMS
The “Call for Public Comment” agenda item is a time when concerned members of the community may publicly voice their concerns and discuss items of interest. Please note that no formal action will be taken on the matters raised during this time.
Individuals wishing to speak will be recognized by the Chair, invited to the podium, asked to state their name and address and will be allowed three minutes to speak. Comments made during this time should be addressed to the Council and pertain to matters of at least general importance to the City and its operations. Please be aware that neither City Council nor City staff are expected to respond or engage in discussion or debate.
Personal attacks and disagreements, personnel and employment matters, the use of profanity or ethnic, racial or gender-oriented slurs are prohibited, as is any “disorderly conduct” which violates state or local law and shall not be permitted. If an individual disregards these rules, they will be asked to leave the Council Chambers.
*Please note that the times listed are estimates of approximately how long each item may take. This time is intended to serve as a guide for the Mayor in an effort to help keep the meeting moving.
*Hearing assistance devices are available for public use. Please let us know if you need accommodation. Regular City Council Meeting 02-04-2020 Page 2
6) APPROVAL OF MINUTES (5 minutes)
City Council consideration of the minutes of the January 21, 2020, special City Council meeting and the January 21, 2020, regular City Council meeting. Staff: City Clerk Lisa DelPiccolo 5-14
Action: Consider making a motion to approve the minutes of the January 21, 2020, special City Council meeting and the January 21, 2020, regular City Council meeting as presented.
7) CITY COUNCIL MEETING SCHEDULE CHANGE (5 minutes)
City Council consideration of rescheduling the April 6 work session and April 7 City Council meeting to March 30 and 31 respectively due to the 2020 Municipal Election on April 7. Staff: City Clerk Lisa DelPiccolo
Action: Consider making a motion to reschedule the April 6 work session to March 30 and the April 7 regular City Council meeting to March 31.
8) ORDINANCE 2493 - SECOND READING (15 minutes)
City Council consideration of Ordinance 2493 on second reading, an Ordinance of the City of Montrose, Colorado, repealing and replacing Title 4 Chapter 4 Section 2, Definition of Manufactured Housing, adding Title 4 Chapter 4 Section 2, Definition of Modular Building, and repealing and replacing Title 4 Chapter 4 Section 24(C) of the Official Code of the City of Montrose regarding Zoning Regulations. Staff: Senior Planner Garry Baker 15-19
Action: Accept public comment. Consider making a motion to adopt Ordinance 2493 on second reading as presented.
9) 2020 ANNUAL ANNEXATION REPORT AND THREE-MILE PLAN (10 minutes)
City Council consideration of the City of Montrose 2020 Annual Annexation Report and Three- Mile Plan. Staff: Senior Planner Garry Baker 20-41
Action: Accept public comment. Consider making a motion to approve the 2020 Annual Annexation Report and Three-Mile Plan as presented.
10) ORDINANCE 2494 - FIRST READING (15 minutes)
City Council consideration of Ordinance 2494 on first reading, an Ordinance of the City of Montrose, Colorado, repealing and replacing Title 3 Chapter 6 of the Official Code of the City of Montrose regarding pretreatment program regulations for industrial users. Staff: Utilities Manager David Bries 42-130
Action: Hold a hearing. Consider making a motion to pass Ordinance 2494 on first reading as presented.
11) RESOLUTION 2020-01 (10 minutes)
City Council consideration of Resolution 2020-01, a Resolution of the City of Montrose, Colorado, granting a franchise to Black Hills Colorado Gas, Inc. on the April 2020 Municipal Election. Staff: City Attorney Stephen Alcorn 131-140
Action: Accept public comment. Consider making a motion to adopt Resolution 2020-01 as presented. Regular City Council Meeting 02-04-2020 Page 3
12) RESOLUTION 2020-02 (15 minutes)
City Council consideration of Resolution 2020-02, a Resolution of the City Council of the City of Montrose Colorado, authorizing the filing of a Community Development Block Grant application in order to fund economic development opportunities for persons of low and moderate incomes within the City of Montrose, Colorado; authorizing the City Manager to execute the grant contract with DOLA; and authorizing City staff to act in connection with the CDBG grant application, follow CDBG regulations, and DOLA requirements, and to provide such additional information as may be required by DOLA. Staff: Grant Coordinator Kendall Cramer 141-142
Action: Hold a hearing. Consider making a motion to adopt Resolution 2020-02 as presented.
13) INTERGOVERNMENTAL AGREEMENT WITH MONTROSE RECREATION DISTRICT (10 minutes)
City Council consideration of an Intergovernmental Agreement between the City of Montrose and the Montrose Recreation District Regarding Shared Services. Staff: Grant Coordinator Kendall Cramer 143-181
Action: Accept public comment. Consider making a motion to approve Intergovernmental Agreement between the City of Montrose and the Montrose Recreation District Regarding Shared Services as presented.
14) JOB CREATION AND BUSINESS DEVELOPMENT AGREEMENT WITH GEYSER TECHNOLOGIES, LLC (10 minutes)
City Council consideration of an Incentive Grant Agreement between the City of Montrose and Geyser Technologies, LLC. Staff: City Manager Bill Bell 182-205
Action: Accept public comment. Consider making a motion to approve an Incentive Grant Agreement between the City of Montrose and Geyser Technologies, LLC as presented.
15) PROFESSIONAL SERVICES AGREEMENT (10 minutes)
City Council consideration of a Professional Services Agreement with McClaren, Wilson & Lawrie, Inc. for technical advisor/design assist consulting services. Staff: City Manager Bill Bell and Police Chief Blaine Hall 206-215
Action: Accept public comment. Consider making a motion to approve the Professional Services Agreement with McClaren, Wilson & Lawrie, Inc., for technical advisor/design assist consulting services as presented.
16) ASBESTOS ABATEMENT BID RECOMMENDATION (10 minutes)
City Council consideration of a bid for asbestos abatement for structures at 439 S. Second Street and 430 S. First Street. Staff: Public Works Manager Jim Scheid 216-217
Action: Accept public comment. Consider making a motion to award a contract for asbestos abatement for structures at 439 S. Second Street and 430 S. First Street to ARC Abatement of Grand Junction, Colorado, for the not-to-exceed amount of $89,700.00.
Regular City Council Meeting 02-04-2020 Page 4
17) VEHICLE PURCHASE BID RECOMMENDATION (10 minutes)
City Council consideration of a bid for the purchase of 21 new Ford vehicles. Staff: Public Works Manager Jim Scheid 218
Action: Accept public comment. Consider making a motion to award the purchase of 21 new Ford vehicles to Montrose Ford for the total purchase price of $1,027,790.00.
18) PROPERTY PURCHASE CONSIDERATION (10 minutes)
City Council consideration of the purchase of 2.815 acres of Montrose County Parcel 376729107002 along the Uncompahgre River at a purchase price of $183,000. Staff: City Engineer Scott Murphy 219-224
Action: Accept public comment. Consider making a motion to purchase 2.815 acres of Montrose County Parcel 376729107002 along the Uncompahgre River at a purchase price of $183,000.00.
19) 6530 ROAD BRIDGE DECK REPLACEMENT BID RECOMMENDATION (10 minutes)
City Council consideration of the award of construction and engineering support contracts for the 6530 Road Bridge Deck Replacement Project. Staff: City Engineer Scott Murphy 225-231
Action: Accept public comment. Consider making a motion to award a construction contract to Ridgway Valley Enterprises in the amount of $408,325.50 including a 10 percent contingency, and an engineering support contract to DOWL in the amount of $15,000 on an as-need, time and materials basis.
20) WOODGATE ROAD REALIGNMENT DESIGN CONTRACT AWARD (10 minutes)
City Council consideration of the award of a design contract for the Woodgate Road Realignment Project. Staff: City Engineer Scott Murphy 232-236
Action: Accept public comment. Consider making a motion to award a professional services contract to Del-Mont Consultants in the amount of $99,200.00 for completion of design studies and civil design associated with the Woodgate Road Realignment Project.
21) STAFF REPORTS
A. Public Information Report (5 minutes) Staff: City Manager Bill Bell
22) CITY COUNCIL COMMENTS
23) MOTION TO ADJOURN
A special meeting of the Montrose City Council was held on Tuesday, January 21, 2020, at 4:30 p.m., in the Cascade Meeting Room located in the Elks Civic Building, 107 S. Cascade Avenue. Said meeting was posted in accordance with the Sunshine Law.
PRESENT: Dave Bowman, Barbara Bynum, Roy Anderson, Judy Ann Files, Doug Glaspell, Bill Bell, Stephen Alcorn, Ann Morgenthaler, Scott Murphy, Lisa DelPiccolo
CALL TO ORDER
Mayor Dave Bowman called the special meeting to order at 5:13 p.m.
EXECUTIVE SESSION
At 5:14 p.m., a motion was made by Judy Ann Files, seconded by Barbara Bynum, to enter into an executive session for the purpose of determining positions relative to matters that may be subject to negotiations, under C.R.S. Section 24-6-402(4)(e); and the following additional details are provided for identification purposes: property acquisition
RECONVENEMENT AND ADJOURNMENT
The special meeting reconvened at 5:34 p.m.
At 5:35 p.m. a motion was made by Judy Ann Files, seconded by Doug Glaspell, to adjourn with no further action taken. All voted yes. Motion passed.
ATTEST: ______Dave Bowman, Mayor
______Lisa DelPiccolo, City Clerk
5 A regular meeting of the Montrose City Council was held on Tuesday, January 21, 2020, at 6:00 p.m., in the City Council Chambers located in the Elks Civic Building at 107 South Cascade Avenue. Said meeting was posted in accordance with the Sunshine Law.
PRESENT: Dave Bowman, Barbara Bynum, Roy Anderson, Judy Ann Files, Doug Glaspell, Gunnison Clamp, Bill Bell, Stephen Alcorn, Ann Morgenthaler, Garry Baker, Tallmadge Richmond, Lisa DelPiccolo, Mikayla Unruh, Kendall Cramer, Matt Kojm, Jim Scheid, Blaine Hall, Greg Story, Shani Wittenberg, Chelsea Rosty, Christine Aslakson, Rachel Allen, Tim Cox
GUESTS: Doug Dragoo, David Dragoo, Caitlin Switzer, David Stockton, Howie Walser, Colleen Aller, Billie Aller, Phoebe Benziger, Yvonne Meek, Thordy Jacobson, Anthony Russo, David Frank, Silke Printz, Gordon Printz, Annika Printz, Mark Tipotsch, Naoma Tipotsch, Kathy Bell, Anna Bell, Charlie Bell, Alisa Bell, Karen Vacca, Don Vacca, Delvin Kinkel, Alice VanLaningham, Martin Lutz, Konnie Miller, Clint Anders, Marti Barnes, Pete Barnes, Jan Chastain, Denise Swanson, Rex Swanson, Allan Scott, Pat Scott, Martin Crespin, Kelsey Rycenga, Ed Atencio, Judy Atencio, Bob Idsardi, Pat Idsardi, Greg Dearth, Dean Schufeldt, Barb Schufeldt, Richard Shannon, Maureen Shannon, Cathy Patch, Jim Eversole
CALL TO ORDER
Mayor Dave Bowman called the meeting to order at 6:00 p.m.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Youth Council Representative Gunnison Clamp.
CHANGES TO THE AGENDA
No changes were made to the agenda.
CALL FOR PUBLIC COMMENT
No comments were received.
APPROVAL OF MINUTES
City Council considered the minutes of the January 7, 2020, regular City Council meeting.
A motion was made by Doug Glaspell, seconded by Roy Anderson, to approve the minutes of the January 7, 2020, regular City Council meeting as presented. All voted yes. Motion passed.
DE NOVO HEARING
A de novo hearing was held to consider a request for Conditional Use Permit CUP18-0359 to allow a 32-site RV park at 801 S. Hillcrest Drive.
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Mayor Pro Tem Barbara Bynum disclosed that her husband is part owner of an adjacent property. Ms. Bynum recused herself from this agenda item and left the Council Chambers.
City Attorney Stephen Alcorn reported that Planner I Tallmadge Richmond would present on behalf of the City.
Mayor Dave Bowman announced that City Council would hold a de novo hearing to consider a request for Conditional Use Permit CUP18-0359 for 801 S. Hillcrest Drive. This is a request from the City of Montrose to allow a travel home park in a B-2 zone.
Planner I Tallmadge Richmond reported that correspondence was received after the packet was distributed and City Councilors were provided with copies of the correspondence.
Mr. Richmond reviewed the site of the proposed RV park and stated that the applicant is Clint Anders. The zoning of the surrounding area was reviewed. Mr. Richmond presented photos showing an existing RV park behind the lodge that does not have a conditional use permit. Mr. Richmond stated that the existing RV park was grandfathered in and is considered a legally nonconforming use.
Mr. Richmond reviewed the site plan for the proposed 32-site RV park and stated that the property was rezoned to B-2 in December 2016 with the intended use of an RV park. The conditional use permit request was heard by the Planning Commission on December 11, 2019. The permit was approved with three conditions: the installation of an eight-foot security fence, a maximum of 32 RV sites, and adherence to the setbacks on the site plan currently on file. The decision was appealed on December 16, 2019, triggering the de novo process.
Mr. Richmond reviewed the criteria for weighing evidence and testimony and stated that the 2008 Comprehensive Plan lists the property as a secondary center in the future land use map. Mr. Richmond reported that staff finds that the proposed use meets conditional use criteria, is in compliance with the Comprehensive Plan, and the site is within B-2 highway commercial district.
Senior Planner Garry Baker confirmed that the 2016 rezone was approved without action regarding conditional use. The application for conditional use was received in 2018.
Mr. Richmond confirmed that the 32 sites includes the existing sites.
Mr. Baker stated that the City Engineer reviewed the utility plans, and they were deemed adequate to meet City standards. Mr. Baker stated that all actions requiring notice were noticed.
Mr. Richmond reviewed the required setbacks and stated that the plan meets the requirements.
Planning Commission Chair Anthony Russo spoke on behalf of the Planning Commission. Mr. Russo reported that the initial proposal submitted in 2016 was to modify the zoning designation of the property. An RV park already exists on the property and was grandfathered in when regulations changed. The Planning Commission recommended approval of the Conditional Use Permit with the conditions that an eight foot privacy fence must be installed on the perimeter to block noise and dust, the RV park is limited to 32 sites, and all setbacks in the site plan are adhered to.
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Mr. Russo stated that the Planning Commission allowed for a gravel surface per the site plan. Mr. Russo said the Planning Commission heard all comments from the community, and the decision was not an easy one.
Senior Planner Garry Baker clarified that no conditions were placed on open fires because the Fire District requires that open fires are contained in steel enclosures.
Applicant Clint Anders stated that every guideline and standard requested by the City was met. Mr. Anders said the Elks Association invested time, money and volunteer hours to make sure the project is viable for the organization and the City of Montrose.
Mr. Anders said the goal of the Elks Association is to improve the property and generate revenue for the organization. No campfires will be allowed, and access guidelines outlined by the City Engineer were met. Mr. Anders stated that the RV Park will host Elks members only and will have economic and tourism benefits. The Elks Association is considering setting the maximum stay at between seven and ten days, and the RV park will not include permanent housing. Mr. Anders stated that a camp host will be on site 24-7 and the Elks will hire a full-time RV manager who will live in close proximity. A 10:00 p.m. moratorium will be instated for noise. Any camper that does not follow the guidelines will be asked to leave the next day. Mr. Anders stated that bids are being collected for an eight foot privacy fence. Mr. Anders said the north side of the property faces vacant ground, and another side is undeveloped.
Chief Blaine Hall stated that the Police Department would apply the code enforcement laws equally across the board.
City Attorney Stephen Alcorn asked about signs advertising RV parking to the community. Mr. Anders explained that the signs were put up during the construction of the roundabout last summer. Mr. Anders repeated that the RV park will be open to Elks members only, the goal is a 50 percent yearly occupancy rate.
Public comment was accepted.
Cathy Bell spoke in opposition to the conditional use permit and cited concerns for safety, noise and odors.
Cathy Patch spoke in favor of the Elks Association as a community service organization. Ms. Patch spoke in support of allowing the RV park as a revenue stream that will result in increased community contributions.
Jim Eversole spoke in opposition to the conditional use permit due to negative impacts on the neighborhood.
Martin Crespin addressed safety concerns and stated that many Elks members are retired law enforcement officers and veterans. Mr. Crespin stated that intent of developing the RV park is to establish a reliable revenue source for the future.
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Martin Lutz spoke in opposition to the conditional use permit. Mr. Lutz said he represented several businesses in the vicinity with safety concerns for employees who arrive early and leave late. Mr. Lutz also said that maintenance of the existing RV park has been a problem.
Greg Dearth spoke in opposition to the conditional use permit due to the effects on property values, noise, and dust. Mr. Dearth also expressed concerns about traffic and access to the RV park.
Del Kinkel spoke in opposition to the conditional use permit due to safety concerns. Mr. Kinkel commented on the difficult decision faced by City Council and asked for thoughtful consideration.
Dave Fullerton spoke in opposition to the conditional use permit due to noise, odor, and vibrations. Mr. Fullerton stated that the access to the site would need to be modified to accommodate large RV units and stated that the RV park is not a fit for the neighborhood.
Bob Idsardi, a member of a nearby church, spoke in favor of requiring a substantial and attractive fence if the permit is issued.
Mr. Russo clarified that the Planning Commission recommendation was for an eight foot privacy fence. Mr. Anders stated that the type of fencing material was not specified.
Mark Tipotsch spoke in opposition to the conditional use permit due to the effect on property values in the neighborhood. Mr. Tipotsch questioned why City Council would give a tax-exempt entity permission to negatively affect the value of private property.
Richard Shannon spoke in opposition to the conditional use permit due to concerns about increasing traffic.
Mr. Anders said that traffic has been taken into consideration, and stated that the site is already an existing RV park. Mr. Anders said the Elks are looking to improve the facility and address concerns. Mr. Anders stated that all City guidelines were followed, and according to the approved Planning Commission minutes the material of the fence was not specified in the motion.
Charlie Bell spoke in opposition to the conditional use permit and stated that the Elks organization never reached out to the neighbors. Mr. Bell reviewed the impact to his property.
Alicia Bell spoke in opposition to the conditional use permit due to concerns about noise and litter. Ms. Bell stated that neighbors were not given an opportunity to comment when the RV park was grandfathered in and raised issues with current maintenance of the park. Ms. Bell also stated that she has concerns with lack of landscaping in the plans.
Noama Tipotsch spoke in opposition to the conditional use permit and expressed concerns about a high density park in a district that is largely residential. Ms. Tipotsch spoke in support of well- planned development and stated the need for bike lanes, sidewalks, curb and gutter on the east side of Hillcrest.
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Bryan Walchle spoke in favor of the RV park. Mr. Walchle cited the need for tourism and noted the positive impacts the Elks organization provides to the community.
Silke Printz spoke in opposition to the RV park. Ms. Printz questioned what would happen to the conditional use permit if the property is sold. Mr. Printz urged denial of the permit due to negative impacts on surrounding neighborhoods.
Mr. Russo stated that the Planning Commission struggled with its decision and had concerns about the execution and whether the Elks Association would follow through with the requirements.
City Councilors discussed modifications to the site plan to eliminate six RV sites close to adjacent private property.
Mr. Anders stated that guidelines set by the City Engineer were followed, and the organization is willing work toward a reasonable compromise.
City Attorney Stephen Alcorn stated that the conditional use permit could expire upon sale of the property or upon expiration of the Elks organization depending on the wording of the approval.
Mr. Anders stated that the plan is for eight spots per acre, and the plan has already been downsized from 47 slots. The fencing and setback were followed according to City guidelines.
Charlie Bell raised the issue of the location of sewer and utility lines. Mr. Baker confirmed that the city sewer line is located on the property boundary and the fence line is ten feet north of the property line.
David Schieldt with Del-Mont Consultants stated that a survey was conducted and the fence is ten feet onto the Elks Association property. The site plan as drawn maintains the existing fence line and does reclaim the ten feet.
City Councilors discussed removing four RV slots along the property line and modifying the curb cuts.
Mr. Anders stated that the Elks have worked continually with City Engineer Scott Murphy a plan to redo the sidewalk and curb is in the works. Mr. Anders said that the Elks Association wants to work with the homeowners and reviewed concessions already in place.
City Manager Bill Bell reported that the City Engineer has been involved in this process and sidewalk and curb cut issues will be addressed and resolved.
Mr. Baker confirmed that two defined driveways lead onto Elks property and access was reviewed by emergency response, the Fire District, the City Engineer, and city planning.
Mayor Bowman reviewed four options for City Council. The Council can reverse the ruling of the Planning Commission, uphold the ruling of the Planning Commission, approve the application with conditions, or postpone a decision until the next meeting.
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A motion was made by Dave Bowman to approve the conditional use permit with the following conditions:
The installation of an 8' privacy fence on all sides of the property except the side adjacent to Hillcrest. The fence must be constructed of a material that is not see through. This RV park shall be limited to 28 RV sites. Setbacks on the west and south sides of the site should adhere to the site plan on file at the City. The conditional use permit is granted to the Montrose Elks Assocation only. Transfer or sale of the property will require the owner to submit a new application for a conditional use permit.
Doug Glaspell seconded the motion. Barbara Bynum abstained. All others voted yes. Motion passed.
RECESS
A brief recess was taken at 8:04 p.m. The meeting reconvened at 8:12 p.m. Mayor Pro Tem Barbara Bynum rejoined the meeting.
ORDINANCE 2493 - FIRST READING
City Council considered Ordinance 2493 on first reading, an Ordinance of the City of Montrose, Colorado, repealing and replacing Title 4 Chapter 4 Section 2, Definition of Manufactured Housing, adding Title 4 Chapter 4 Section 2, Definition of Modular Building, and repealing and replacing Title 4 Chapter 4 Section 24(C) of the Official Code of the City of Montrose regarding Zoning Regulations. A hearing was held.
Senior Planner Garry Baker reviewed the difference between modular construction and modular housing. Mr. Baker stated that Ordinance 2493 would add the option of modular building as part of the PD plan process. City staff and stakeholders would have input on appearance, and the intent is to have modular housing that will look indistinguishable from stick built. Mr. Baker said that the update to the Code will allow flexibility while insuring a quality product. Mr. Baker stated that the revision to the Municipal Code is not an expansion of manufactured housing.
Mr. Baker stated that homeowners associations and covenants could enact and enforce restrictions on modular housing and modular construction.
Mayor Dave Bowman opened the hearing.
Public comment was accepted. No comments were received.
Mayor Bowman closed the hearing.
A motion was made by Judy Ann Files, seconded by Doug Glaspell, to pass Ordinance 2493 on first reading as presented. All voted yes. Motion passed.
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BUSINESS DEVELOPMENT AGREEMENT WITH LAMONT COMPANIES
City Council considered a Business Development Agreement between the City of Montrose and Lamont Companies for the development of a Fairfield by Marriott hotel at the northern end of MURA's Colorado Outdoors development area.
Director of Business Innovation and Tourism Chelsea Rosty reviewed the proposed agreement with a private developer for construction of a Fairfield by Marriott hotel on the north end of MURA project. The agreement requires a building permit issued by September 30, 2020, with construction completed by December 31, 2022. The agreement includes abatement of fees totaling $164,000.00 and $55,000.00 to construct monument sign. Ms. Rosty stated that the total of the grant is $219,000.00, and the grantee agrees to construct a hotel with 90 guest rooms valued at $13 million.
City Manager Bill Bell stated that the hotel is general contractor for the project and payments would require approval of City Engineer Scott Murphy. Mr. Bell stated that the grant agreement is for Lamont Companies, a small to medium sized business, and not the Marriott Corporation. Public comment was accepted.
Billy Aller spoke in favor of the agreement citing the need for more hotel rooms in the City.
A motion was made by Roy Anderson, seconded by Doug Glaspell, to approve a Business Development Agreement between the City of Montrose and Lamont Companies for the development of a Fairfield by Marriott hotel at the northern end of MURA's Colorado Outdoors development area as presented. All voted yes. Motion passed.
FLEET MANAGEMENT SOFTWARE PURCHASE RECOMMENDATION
City Council considered the purchase of Faster Asset Solutions fleet management software for the total purchase price of $84,590.00.
Public Works Manager Jim Scheid recommended the software purchase to help manage the fleet of City vehicles. Mr. Scheid explained that the purchase would be made through a cooperative purchasing agreement that takes advantage of bulk government pricing. For this reason, and RFP was not issued, and a sole source waiver is necessary.
Public comment was accepted. No comments were received.
A motion was made by Doug Glaspell, seconded by Barbara Bynum, to approve the purchase of Faster Asset Solutions fleet management software for the total purchase price of $84,590.00 as presented. All voted yes. Motion passed.
PURCHASE OF EQUIPMENT AT AUCTION
City Council considered a request to authorize the purchase of a medium/large two-speed, hi flow skid steer and a 310 backhoe at auction for the total not-to-exceed amount of $170,000.00.
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Public Works Manager Jim Scheid reviewed a proposal to purchase a used backhoe and used skid steer at auction instead of proceeding with the purchase of new vehicles. Mr. Scheid requested authorization to spend the $170,000.00 that is included in the 2020 budget. Mr. Scheid stated that if suitable units are not found at auction, he will proceed with the purchase new units.
Public comment was accepted. No comments were received.
A motion was made by Barbara Bynum, seconded by Roy Anderson, to authorize the purchase of a medium/large two-speed, hi flow skid steer and a 310 backhoe at auction for the not-to- exceed amount of $170,000.00 as presented. All voted yes. Motion passed.
STAFF REPORTS
Sales, Use, and Excise Tax Report: Finance Director Shani Wittenberg provided sales, use, and excise tax information for the month of November 2019. Ms. Wittenberg reported that total sales and use tax collections were down 2.9 percent as compared to November of 2018 with a negative budget variance of .2 percent. Year-to-date collections were up 3.3 percent with a positive budget variance of 7.9 percent.
Chief Police Blaine Hall read a letter commending DEA agents and the members of the US Attorney's Office who were instrumental in the indictments of 13 suspected drug traffickers. Chief Hall also acknowledged Montrose Police Department officers and Montrose County Sheriff's Department.
Public Information Officer Report: City Manager Bill Bell reported that the City of Montrose will recap 2019 and give a presentation on 2020 at the Community Forum on January 22.
Assistant City Manager Ann Morgenthaler reported that a public meeting was held on January 20 on sales tax in Montrose and how it applies to groceries. Ms. Morgenthaler stated that attendance was great for the presentation and interactive session. The information presented at the meeting is still available on the City of Montrose website for community members who were unable to attend.
Youth Council Representative Gunnison Clamp reported that the Youth Council plans to participate in a Habitat for Humanity build day, and a Rock the Rec event with a sports theme is scheduled March 6. Mr. Clamp reported that the Youth Council is enjoying meeting with department heads, and HR Director Terri Wilcox presented information on City employment and interviewing at a recent meeting.
COUNCIL COMMENTS
City Councilor Doug Glaspell thanked staff for organizing and leading the public meeting on short term rentals and sales tax on food.
Public Works Manager Jim Scheid announced that Montrose participated in recycle audit in Denver and the audit showed a five percent contamination rate. The average contamination rate is 22 percent. Mr. Scheid reported that a recycle guide was send with recent utility bills.
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Police Chief Blaine Hall reported that in 2019 and until now, 10 officers have been hired, and are attending the academy. Chief Hall reported that the Police Department is conducting aggressive recruitment across the state.
City Councilor Roy Anderson thanked everyone who participated and commented during the de novo hearing earlier in the evening.
Mayor Dave Bowman thanked City Attorney Stephen Alcorn, Senior Planner Garry Baker and Planner I Tallmadge Richmond for preparing for the de novo hearing. Mayor Bowman also thanked the citizens in attendance for being polite and tactful.
MOTION TO ADJOURN
At 6:49 p.m., a motion was made by Judy Ann Files, seconded by Roy Anderson, to adjourn the meeting with no further action taken.
ATTEST: ______Dave Bowman, Mayor
______Lisa DelPiccolo, City Clerk
14
CITY OF MONTROSE Planning Services
MEMO
DATE: January 6, 2020 TO: City Council FROM: Garry Baker RE: Modular Building Ordinance
Modular construction, where components of buildings are built in a factory, and assembled on- site, has advantages over site built construction. Factory-built advantages include more consistent quality control, construction that takes place indoors away from inclement weather, accelerated construction schedules, and flexible design. Modular buildings meet the same or more stringent standards as required by the International Building Code. The construction of modular buildings is inspected and certified by the State of Colorado. This is in contrast to Federally regulated Manufactured Housing, commonly referred to as “single wides” or “double wides.”
Currently modular buildings for residential use are administered in the same way as Manufactured Housing, and are allowed only in the MHR, R-5, and R-6 zoning districts. Modular buildings for commercial and other non-residential uses are currently allowed in any zoning district, subject to the use regulations in that zone district.
The proposed ordinance creates a new definition for a Modular Building, and clarifies that modular buildings are not a type of manufactured housing. Modular buildings for residential use would continue to be allowed in any zoning district where manufactured housing is allowed, and also in any zone district if approved with a Planned Development (PD) Plan. A PD Plan requires noticing of property owners within 100 feet, so anytime modular housing is proposed the neighbors would know about it. Additionally, the ordinance specifically states that modular buildings used for commercial and other non-residential uses are allowed in any zoning district, subject to the use regulations in that zone district.
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CITY OF MONTROSE Planning Services
MEMO
To: Montrose City Council From: Planning Services Date: January 2020 Subject: City of Montrose 2020 Annual Annexation Report and 3-Mile Plan
Background:
Please find attached the City of Montrose 2020 Annual Plan of Annexation and 3-Mile Plan, as stipulated by Colorado State Statutes. The Plan contains verbal policies and maps to illustrate annexation priorities, eligible enclave annexations, existing city limits, growth areas, and transportation routes. The Plan will fulfill the statutory requirement to have a “plan in place” to annex new properties in 2020. Annexation plans must be adopted each year.
At their Jan. 8, 2020 meeting, the Montrose City Planning Commission reviewed the Annexation Plan. No official action was taken.
Proposed Action: If Council is amenable, this item will be placed on the Feb. 4 City Council Regular Agenda.
20
CITY OF MONTROSE 2020 ANNUAL ANNEXATION PLAN AND REPORT and THREE-MILE PLAN
Nature of Plan This plan generally describes the proposed land uses, location, character, and extent of utility and street infrastructure and service to within 3 miles of the City of Montrose, herein referred to as “City,” as required by CRS §31-12-105(1)(e).
The City of Montrose Comprehensive Plan, as adopted in 2008 and modified in 2012 & 2016 shall be incorporated into this Plan. Master Plans of federal agencies or the County of Montrose, and Montrose County Airport for any public lands under their jurisdiction within the boundaries of the attached 3 Mile Plan map of the City of Montrose shall also be referenced as part of the City of Montrose 3 Mile Plan, except to the extent where inconsistent with City ordinances, regulations, and components in this plan. See Exhibit A.
Annexation Policy In general, the City of Montrose will annex from the center of the City out into the Growth Areas within the Growth Boundary and Three Mile Plan. The City will consider areas and properties as requested by property owners for annexation. Qualified enclaves, City owned property, areas expected to develop as urban with City influence, and areas with City utilities or capacity to serve, will also be considered.
Priority for Annexation in 2020 As a matter of establishing priority for annexation in the year 2020, the City shall consider annexation of the following properties subject to the statutory limitations as provided above, and areas that can meet statutory eligibility requirements as set forth in CRS §31-12-104 and CRS §31-12-105.
(1) Private land owner request. For private parties meeting the statutory requirements.
21 (2) Properties served adequately and properly by City utilities. (3) Highway Corridor properties south on Highway 550, north on Highway 50, east on Highway 50, and west on Highway 90 where it is feasible to serve such properties with existing infrastructure or where adequate infrastructure could generally be extended to serve such areas. (4) Existing enclaves as identified in red on the attached Exhibit B. (5) Growth Areas, as identified on Exhibit C.
City Utility Infrastructure
Annexations shall be subject to existing City policy, as may be amended, and the City Comprehensive Plan. The extension of City utilities and services to such properties shall be in accordance with the Official Code of the City of Montrose, Chapter 3-5 and Chapter 4-7.
Additionally, potable water service shall be in accordance with the Water Service Area Agreements as executed between the City and the Tri County Water Conservancy District, the City and the Menoken Water District, and the City and the Chipeta Water District. The respective service areas are delineated in the attached Exhibit D.
The extension of sewer service shall also be in accordance with the 201 Plan and the 208 Area Waste Management Plan (“Waste Water Service and Treatment Agreement”) as executed by the City, the County of Montrose and the West Montrose Sanitation District, as amended from time to time.
The City regularly plans for and implements the upsizing and improvement of existing sewer and water lines. The majority of sewer and water line extensions are precipitated by growth through residential, commercial, and industrial subdivision.
The City’s current and planned utilities infrastructure is discussed in the 2008 City of Montrose Comprehensive Plan (Chapter 11).
Road Infrastructure Major Highways within the City of Montrose are: Highway 50 to the north and east, Highway 90 to the west and Highway 550 to the south. The City shall generally adhere to its Transportation Plan as included within the City Comprehensive Plan. Current and proposed roads and streets are shown in the City of Montrose Comprehensive Plan (Chapter 10), and in the County’s road and bridge map and plan. See Exhibit E for the City’s Major Street Plan.
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Parks, Trails, and Open Space “Protect and Provide Access to Important Environmental Resources,” an element of the City of Montrose Comprehensive Plan (Chapter 9), acts as a guide to the development of a linked, cohesive park and open space system. The Parks Master Plan (Map. 9.6) illustrates the locations of regional, community and neighborhood parks currently existing in the City of Montrose, and the conceptual areas where future parks are needed to address current deficits and meet projected needs over the next 10 to 20 years. Map 9.2, “Recreational Trail Alignments,” shows existing and proposed recreation trails throughout the City.
City and Public Utilities (1) Electrical Power – Delta Montrose Electric Association (2) Telephone and Internet Access – Century Link, Elevate Fiber, and other services (3) Natural Gas – Black Hills Energy available in the City, and in the fringe areas of the City. (4) Cable Television and Internet Access – Charter, DMEA, Elevate Fiber, and others (5) Sewer – Available in and near the City, by the City of Montrose. Available in the West Montrose Sanitation District. City sewer is extended as per City Ordinances. The City’s 201 and Region’s 208 Plan are hereby incorporated by reference. (6) Trash Collection – City trash service and recycling services are provided within the City to Sanitation customers. Private trash collection services operate both outside and within the City. The Montrose Area Landfill and other recycling facilities are privately operated. (7) Water Service – Potable water service within the 3-Mile Area is provided by the City of Montrose, Tri-County Water Conservancy District, Menoken Water District and the Chipeta Water District within their respective service areas as provided by the agreements between the parties. (8) Transportation Service – No transportation services are provided by the City of Montrose, other than streets, sidewalks, and multi-use trails. All Points Transit currently provides public transportation services.
General Provisions (1) To the extent that any item mentioned in CRS §31-12-105(1)(e) is not reflected in the documents, maps and plans included as a part of this plan, this plan should be construed to mean that these types of facilities are not provided. (2) Proposed land uses are residential and agricultural, except as otherwise shown or provided by City zoning, land use plan, or the Comprehensive Plan.
23 Annexations in Recent Years
2017 ADDITIONS
Name Acres DOOGAN ADDITION NO. 1 0.599 DOOGAN ADDITION NO. 2 0.979 PANORAMA VIEW ADDITION 8.05 MIAMI ROAD FARM ADDITION 165 TOTAL 174.628
2018 ADDITIONS
Name Acres RECALDE ADDITION 1.39 1890 HOMESTEAD ADDITION 35.79 HOGBACK ADDITION 19.17 1680 CHIPETA DISCONNECTION -0.65 TOTAL 55.7
2019 ADDITIONS
Name Acres HORSEFLY ADDITION 2.14 ELLSWORTH ADDITION 4.08 J AND L JONES ADDITION 1.20 KLIPPERT ADDITION NO. 1 3.37 KLIPPERT ADDITION NO. 2 3.29 KLIPPERT ADDITION NO. 3 3.60 TOTAL 17.68
24 Name Acres HORSEFLY ADD 2.2 ELLSWORTH ADD 4.0 J & L JONES ADD 1.2 KLIPPERT ADD NO 3 3.6 KLIPPERT ADD NO 2 3.3 KLIPPERT ADD NO 1 3.4
Total: 17.7 Acres
City of Montrose 0.5 0.25 0 0.5 Miles 2019 Annexations 25 . Date: 1/2/2020 Exhibit A City of Montrose 3 Mile Boundary Map It
It
Legend 3 Mile Buffer of City Limits, 2018 Growth Boundary, 2008 Streets K´ Major Arterial Minor Arterial Collector Residential County Roads City Limits Bureau of Land Management Bureau of Reclamation National Park Service State, County, or City Areas . US Fish and Wildlife Service US Forest Service 26 1.5 0.75 0 1.5 Miles Date: 11/21/2017 Exhibit B City of Montrose 2019 Annual Annexation Report Eligible Enclaves in 2019 Total: 41 Enclaves, Approx. 490 Acres
6300 RD KENTUCKY RD
N T 6450 RD O WN
LASALLE RD S E N D
6530 RD A M V A E 6600RD R I LOCUST RD N SAN E JU 6700 RD G N AN
R N
R A V D P
A E MAIN ST HIGHWAY 50 A E
N R S D N K J A U S A V A A VE E N N MIAMI RD S A P V S A E R R K SPRING CREEK RD I O A V SUNNYSIDE RD G E R A S 9TH N ST R R
D D D
E D NIAGARA RD T R
E
S N A 0 C S 12TH ST
V
0 V E O
H I
A E 8 R L
HIGHWAY 90HIGHWAY I I 6
P
C W OAK GROVE RD D V
E L N OAK GROVE RD A L
TA B I
E P R H
S I R D N
S
D G
W E
O S
T OGDEN RD D
S R
OTTER RD
W
O HIGHWAY 550 O D G A T
E
R D RACINE RD
Legend Enclaves Growth Boundary, 2008 Streets Major Arterial Minor Arterial Collector Residential County Roads City Limits Bureau of Land Management Bureau of Reclamation National Park Service State, County, or City Areas . US Fish and Wildlife Service US Forest Service 27 1 0.5 0 1 Miles Date: 1/2/2020 ¤£50 Exhibit C City of Montrose Map 6.1 Annual Annexation Report Growth Tiers Map GROWTH AREAS* N TOWNSEND AVE Urban Growth Boundary
201 Boundary (2008)
6450 RD City Limits (2017)
Growth Area 1
Growth Area 2
Growth Area 3
Arterial Roads
6600 RD Airport
¤£50 Uncompahgre River
MAIN ST * A Growth Area is an area identified for future development based on a framework for guiding growth in an incremental manner.
SUNNYSIDE RD
6800 RD
OGDEN RD
6400 RD
2008 Comprehensive Plan
¤£550 0 0.2750.55 1.1 Miles ¶ 28 Exhibit D City of Montrose Water Districts and Water MENOKEN Companies SERVICE AREA
CITY OF MONTROSE SERVICE AREA
CHIPETA SERVICE AREA TRI COUNTY WATER
Legend Growth Boundary, 2008 Streets Major Arterial Minor Arterial Collector Residential County Roads City Limits Water Districts Chipeta Service Area City of Montrose Service Area Menoken Service Area Tri-County Service Area Bureau of Land Management Bureau of Reclamation National Park Service State, County, or City Areas . US Fish and Wildlife Service US Forest Service 29 1 0.5 0 1 Miles Date: 11/21/2017 Exhibit E Map 10.2 City of Montrose Annual Annexation Report Transportation Map JAY JAY RD TRANSPORTATION ¤£50 Proposed Connections & Improvements
6400 RD
Existing Major Arterial
Proposed Minor Arterial Alignment to be determined LINCOLN ROAD Existing Minor Arterial
LASALLE RD Existing Collector1
6450 RD Existing Local Road
N SAN JUAN6530 RD AVE Uncompahgre River
6800 RD CityLimits 50 ¤£ Urban Growth Boundary MIAMI RD MAIN ST 6700 RD Airport SPRING CREEK ROAD k SUNNYSIDE RD Landfill CHIPETA RD Due to topography, precise alignment of this NIAGARA RD arterial route will be determined upon k development of the area. It is expected that deviations to this route, some of which OAK GROVE RD may be significant, will be made. WOODGATE RD
HILLCREST DR 1 Proposed collectors are not shown. Collectors will be determined k every 1/4 to 1/2 mile at the time of development. OGDEN RD
RIO GRANDE AV k OTTER RD
k
6450 RD ¤£550 2008 Comprehensive Plan k
Solar Road k 0 0.325 0.65 1.3 Miles ¶ 30 31 2020 Annual Annexation Report & 3-Mile Plan
32 3-Mile Plan Prepared in accordance with C.R.S. 31-12-105(e) City is required to file a plan every year Describes 3-mile area (Ex. A) Statement on designated utility providers Water Districts (Ex. D) Sewer Service Area (orange line on Ex. A) Proposed major street extensions (Ex. E)
33 Annexation Priorities
• Private landowner request • Areas served adequately by city utilities • Highway corridor properties • Eligible enclaves (Ex. B) • Growth Tiers (Ex. C)
34 Name Acres HORSEFLY ADD 2.2 ELLSWORTH ADD 4.0 J & L JONES ADD 1.2 KLIPPERT ADD NO 3 3.6 KLIPPERT ADD NO 2 3.3 KLIPPERT ADD NO 1 3.4
Total: 17.7 Acres
City of Montrose 0.5 0.25 0 0.5 Miles 2019 Annexations 35 . Date: 1/2/2020 Exhibit A Overall Plan
36 Exhibit B Enclaves Eligible for Annexation
37 Exhibit C Growth Tiers
38 Exhibit D Water Districts
39 Exhibit E Street Plan
40 41 Municipal Code Chapter 3-6 Industrial Pretreatment Regulations Update
Date: January 20. 2020
To: Honorable Mayor and Members of the City Council
From: David Bries, Utilities Manager
CC: William Bell, City Manager Ann Morgenthaler, Assistant City Manager Shani Wittenberg, Finance Director Stephen Alcorn, City Attorney
Date: January 20, 2020
Subject: Recommendation for Municipal Code Chapter 3-6 Pretreatment Program Regulations Update
Recommendation Discussion of proposed changes to the City of Montrose Chapter 3-6 Pretreatment Program Regulations affecting industrial and commercial sewer customers as required by the Environmental Protection Agency (EPA) as part of the city's National Pollutant Discharge Elimination System (NPDES) permit that was renewed in 2019.
Background In 2019, the City received a renewed NPDES permit for our wastewater treatment plant. One of the many requirements of the new permit was to update our Pretreatment Program Regulations in Chapter 3-6 of the Municipal Code to meet the current EPA requirements.
In October, 2018, the City entered into an agreement with CWA Consulting Services, LLC (CWA) to evaluate our Pretreatment Program Regulations and Local Limits for our wastewater treatment plant and draft proposed changes to these. Local Limits are limits on specific pollutants that could be included in industrial discharges, and would pass through our wastewater treatment plant, resulting in pollution of the receiving stream. Staff has worked with CWA, our consultant to review the existing Pretreatment Program Regulations and has drafted
42 the proposed revised language for consideration by the City Council. The changes are mostly administrative changes to comply with EPA requirements.
Currently, the City only has 1 industrial customer that is required to maintain an Industrial Pretreatment Permit (IPP) and these changes do not add any additional requirements for them. There are no known additional restrictions on any existing commercial or industrial customers at this time. If there are new industrial or commercial customers, or if an existing customer changes their discharge characteristics, their discharge would need to meet all of the requirements of the Sewer Use Ordinance.
Due to EPA required major restructuring of the regulations, a red line version of the proposed changes is not practical. An executive summary of the proposed changes by CWA and copies of both the current regulations and the proposed regulations are attached.
The EPA requires that a 30 day public comment period be published. The proposed timeline is as follows:
City Council Work Session discussion 01/20/2020 Publication 01/22/2020 First Reading 02/18/2020 30 day comment period ends 02/21/2020 Second Reading 03/03/2020
Net Financial Result Administrative cost of administering the Sewer Use Ordinance is included in the 2020 Budget.
43 CU7A Consulting l..{}ervices, LL C Providing Pretreatment Program Support for Local Go vernments
Executive Briefing City of lVlontrose, Colorado Revisions to the Pretreahnent Progt-ain Regulations, Title 3, Chapter 6 August 12, 2019
1. Project initiated October 12, 2018.
3. 1l1e existing Chapter 3-6 is proposed to be re-placed by a new Chapter 3-6 to reflect EPA regulatory requiretnents.
3. Major changes mclude:
Section 3 -6(B): Definitions that reflect cmTent EPA regulations and impletnentation of the Pretreatlnent Program, including the changes nmdc by EPA to 40 CFR Part 403 m the 2005 Pretreatrnent Streamlining Rule.
Section 3 -6(C): Updated Specific Prolul)itions and local discharge lin1its that protect the treah11ent plant, receiving water and vvorker health and safety.
Section 3-6(D): Language that is specific to indtL'S;trial users regulated by Categorical Pretreatment Standards (e.g. tnetal finishers, etc.).
Section 3 ·6(E): The reguiretnents for installing n1onitoring facilities and cquiptncnt was clarrried and strengthened.
Section 3 -6(F): 111e penniUing c.las ifiuation systetn, perrnit application information, pen11it contents, pen11it tnodification and transferability v\ere detailed to allow Signiflcant Industrial Users and other City designated industrial users to tmderstand what n1ust be reported to the City.
Section 3-6(G): A section on Special Agree1nents and Contracts wa included to allow the City appropriate flexibility for accepting wastewater than can be treated by the sewage treatn1ent plant.
Section 3 -6(H) : Language ior perfonning inspections was expanded to allow specific notice to industria 1 users of the City's authmity to enter and -inspect a frw ility.
Section 3-6(!): A section ,;vas added to define the procechn·cs for another n1Lmicipa lity to develop an agreet.nent and discharge to the City.
P. 0. Box 620848 Littleton, CO 80162 p: (303) 904-6049 Fax (720) 836-4209 Curt@ .POT\V.com vYww.POT\V.com 44 Section 3 -6(K): A section on protecting confidential information \Nas expanded to regulate EPA and State requiren1ents.
Section 3-6(M): i\.11 ofthe types ofreports and notifications inchKling the notification that hazardous waste vvas discharged to the sewer as required tmder U1e EPA regulations were clearly identified and consolidated into a single section of the Chapter.
Section 3-6(N): Specific Best :Nianagcrncnt Practices (BI\tfPs) vvcre included that apply to food facilities that general fats, oils and gr_·case. A variance process was also included for facilitie s that are physically constrained fi·om installing grea e interceptors.
Section 3-6(0): 1be entorcernent options available to the City were consolidated info a ingle section, including those enforcernent authorities required by EPA (e.g. penalty authority, ernergency suspension authmity).
Section 3-6(P): In son1c cases, industrial user nmy violate their pcnnit. Under the fede.ral regulations there are specific alTn·nmti\.e deten..:; es that n1ay hield the lnch~ · h.ial User fi·otn certain enfbrcetnent actions. TI1e e have been included in the revi5ecl Chapter.
Section 3 -6(Q): A section that provided notice that the City can adopt fee s to upport the impletnentntion ofthe Pretrenttnent Prognnn were included.
P. 0. Box 620848 Littleton, CO 80162 P: (303) 904-6049 Fax (720) 836-4209 C urt(ct)POTW.com W \ \ .POT\V.com 45 Chapter 3-6 PRETREATMENT PROGRAM, INDUSTRIAL USER, AND SEWAGE SYSTEM SUPPLEMENTAL REGULATIONS Sections: 3-6-1 APPROVAL OF INDUSTRIAL DISCHARGES 3-6-2 PRETREATMENT STANDARDS 3-6-3 COMPLIANCE SCHEDULES 3-6-4 SELF-MONITORING AND REPORTS 3-6-5 RIGHT OF ENTRY AND INSPECTION 3-6-6 ADMINISTRATIVE ENFORCEMENT ACTION 3-6-7 ENFORCEMENT AND PENALTIES 3-6-8 DEFINITIONS 3-6-9 ADMINISTRATION 3-6-10 SPECIFIC REPORTING REQUIREMENTS 3-6-11 REQUIRED TEST PROCEDURES 3-6-12 PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS 3-6-13 SLUG DISCHARGE CONTROL 3-6-14 APPEAL TO CITY COUNCIL
3-6-1: APPROVAL OF INDUSTRIAL DISCHARGES
(A) No Industrial User shall discharge any new or increased contributions of pollutants or pollutants changed in nature where such contributions do not meet the applicable requirements of this Chapter or where such contributions would cause the City to violate its NPDES discharge permit.
(B) No Industrial User shall be allowed to initially connect to the City sewage system, or to discharge to the City sewage system any new pollutants, any materially increased contributions of pollutants, or any pollutants materially changed in nature, unless such changed or new discharge is approved by a Discharge Authorization Order issued by the City.
(C) Applications for discharge authorization shall be submitted on forms provided by the City, which may require all information necessary and convenient to characterize and evaluate the Industrial User, its industrial processes, and the quantity and quality of its proposed discharge, and to administer and enforce the provisions of this Chapter.
46 (D) The City shall review all such applications for discharge authorization and shall approve any application only on the condition that the application is complete and that the applicant can and will comply with all the requirements of this Chapter and all applicable law. Upon approval, a "Discharge Authorization Order" shall be issued to the Industrial User, setting out maximum effluent limits applicable to their discharge, other conditions, and any applicable sampling, testing, monitoring and reporting requirements. Said Order shall state the duration of the Order, prohibit transfers, include notification and record keeping requirements, include applicable penalties, and include any compliance schedule.
(E) All Industrial Users classified as Class I - Significant Industrial Users shall be required to have a Discharge Authorization Order. Industrial users classified as Class II - Minor Industrial Users may be required to have a Discharge Authorization Order when the City determines that potential discharges require the control and oversight afforded by the Discharge Authorization Order.
(F) The City may periodically require any Industrial User to complete and submit reports or surveys on forms provided by the City. Such forms and surveys may require any information necessary or convenient for the administration and enforcement of this Chapter.
(G) The Industrial User may have a meeting with the City Manager concerning any provision in a Discharge Authorization Order by subn1itting a written request to the City within five (5) days of receipt of the order.
3-6-2: PRETREATMENT STANDARDS
(A) General Prohibitions: It shall be unlawful to introduce into the City sewage system any pollutants which Pass Through the system or Interfere with the operation or performance of the system. These general prohibitions and the specific prohibitions in Subsection (B) apply to each Industrial User introducing pollutants into the sewer system whether or not the Industrial User is subject to other National Pretreatment Standards, or any national, State, or local pretreatment requirements.
(B) Specific Prohibitions: In addition to the following pollutants shall not be introduced into the City Sewage system:
47 (1) Pollutants which create a fire or explosion hazard in the sewage system, including, but not limited to, waste streams with a closed cup flashpoint of less than sixty degrees (60°) Centigrade (140°) Fahrenheit using the test methods specified in 40 CFR 261.21;
(2) Pollutants which will cause corrosive structural damage to the City's sewage system or with pH lower than five (5.0);
(3) Solid or viscous pollutants in amounts which will cause obstruction to the flow in the sewage system, or other Interference with the operation of the sewage system; ( 4) Any pollutant, including oxygen demanding pollutants (BOD, etc.), released in a discharge at a flow rate and/ or pollutant concentration which will cause Interference with the system;
(5) Heat in amounts which will inhibit biological activity in the system resulting in 'Interference. In no case shall heat be introduced in such quantities that the temperature at the sewage treatment plant exceeds one hundred four degrees (1 04 °) Fahrenheit.
(C) Additional Specific Prohibitions: It shall be unlawful to do or cause to allow any of the following:
(1) To permit or cause the discharge into the City sewage system of any water or other liquids containing toxic, poisonous or other solids, liquids or gases, which, in sufficient quantities, either singly or in interaction with other waste, could contaminate the sludge produced by the treatment plant; interfere with or injure any sewage treatment process; constitute a hazard to humans or animals; create a public nuisance; or create any hazard in or have an adverse effect on the quality of any waters discharged from the City sewage treatment plant.
(2) To connect any device to the City sanitary sewer system other than sanitary plumbing facilities, including, but not limited to any downspout, foundations drain, areaway drain, storm sewer, or other source of surface runoff or ground water.
(3) To operate a wash rack with drains connected to the City sewer system unless a trap which effectively prevents the entry of sand, mud and gravel has been installed in accordance with specifications approved by the City Engineer.
48 (4) To make any discharge into the City sewer system from a hotel, restaurant, club, commercial or institutional kitchen, unless a trap for grease and oil, approved by the City Engineer, has been installed.
(5) To discharge or permit to be discharged into the City sewer system any of the following:
(a) Any liquid or vapor, other than domestic hot water, having a temperature higher than one hundred eighty degrees (180°).
(b) Any gasoline, benzene, naphtha, fuel oil, mineral oil, other volatile, flammable or explosive liquids, solids or gas.
(c) Any solid or viscous substances in quantities or of a size capable of causing obstruction to flow in sewer or Interference with the proper operation of sewage treatment facilities, including, but not limited to, ashes, cinders, sand, mud, gravel, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, whole blood, hair flushings, entrails, paper, dishes, cups or containers.
(d) Garbage that has not been properly shredded or ground by a garbage disposal or grinder.
(e) Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause Interference or Pass Through.
(f) Wastewater from industrial plants containing floatable oil, fat or grease.
(g) A slug of wastewater of such size or concentration that the treatment process is not capable of meeting discharge requirements.
(h) Any substance which the sewage treatment plant cannot treat sufficiently to meet plant effluent standards, which causes the release of obnoxious gases, or is harmful to the sewer system and patis.
(i) Any trucked or hauled pollutants, except at discharge points as designated by the POTW or as otherwise approved 1n advance in writing by the City Engineer or his designee.
49 (j) Pollutants which result in the presence of toxic gases, vapors, or fumes within the system in a quantity that may cause acute worker health and safety problems.
(6) To discharge or deposit or cause to allow to be discharged or deposited into the City wastewater system any effluent which fails to comply with the following:
CONSTITUENT LIMIT (mg/1) Arsenic 0.59 Cadmium 0.12 Chromium (Total) 4.20 Chromium (vi) 2.74 Copper 3.84 Lead 0.62 Mercury 0.03 Molybdenum 1.06 Nickel 2.11 Selenium 1.25 Silver 8.50 Zinc 6.70
(7) To discharge or deposit or cause to allow to be discharged or deposited into the City wastewater system any effluent which fails to comply with the following:
CONSTITUENT LIMIT (ug/1) Benzene 50 BTEX* 750
*Aggregate parameter of benzene, ethyl benzene, toluene and xylene
(D) National Categorical Pretreatment Standards.
(1) In addition to providing necessary wastewater treatment as required to comply with this Section, National Pretreatment Standards or Requirements, and permit conditions, it shall be unlawful for Industrial Users to discharge any pollutants into the City sewer system in violation of the National Categorical Pretreatment Standards as promulgated by the U.S. Environmental Protection Agency ("E.P.A."), as in effect and amended from time to time.
50 (2) Compliance with Categorical Pretreatment Standards shall be implemented within the applicable time, as stated in the Categorical Pretreatment Standard, applicable Federal Regulations, or pursuant to a compliance schedule issued pursuant to this Chapter. In no case may the deadline for compliance with a National Categorical Pretreatment Standard be extended beyond the time stated in the Standard.
(E) Dilution Prohibited: Except where expressly authorized to do so by an applicable Categorical Pretreatment Standard or Requirement, no Industrial User shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial or complete subterfuge for adequate treatment to achieve compliance with a Categorical Pretreatment Standard.
3-6-3: COMPLIANCE SCHEDULES
As a condition of any Discharge Authorization Order, Administrative Enforcement Order, order implementing compliance with Categorical Pretreatment Standards, or other order, the City may impose a compliance schedule setting forth reasonable time limits to insure that progress is being made in discrete steps towards the installation of required pretreatment technology and facilities, or to meet the other requirements of this Chapter.
3-6-4: SELF-MONITORING AND REPORTS
(A) All Industrial Users subject to Categorical Pretreatment Standards shall sample and monitor their effluent and provide all reports as required by the applicable Standard and 40 CFR 403.12. The required monitoring and sampling frequency shall be set out in the Industrial User's Discharge Authorization Order.
(B) All Industrial Users shall notify the City immediately upon the discharge of any slug load or accidental discharge that may contribute to Interference with the City's sewage system.
51 (C) All Class I - Significant Industrial Users shall install, use and maintain a control manhole and monitoring equipment approved by the City Engineer adequate to facilitate self-monitoring by the Industrial User and compliance monitoring by the City. Such manhole and any monitoring or measuring devices shall be accessible and safely located and shall allow the City to readily and safely measure the volume and obtain samples of the flow at any time. In addition, all Class I - Significant Industrial Users shall install a suitable device for continuously recording the flow discharged to the City system. Such facilities shall be installed and maintained at the Industrial User's expense.
(D) All Class I - Significant Industrial Users shall take samples, perform tests and submit reports of a nature and at such frequencies as may be specified by the City in their Discharge Authorization Order.
(E) Any Class II - Minor Industrial User may be required by order to install such a control manhole and monitoring equipment, and to take samples and make reports similar to those required for Class I - Significant Industrial Users when it is determined necessary or appropriate for the proper administration and enforcement of this Chapter by the City.
(F) It shall be unlawful to falsify any report, tamper with monitoring equipment and methods or fail to make required reports.
(G) All results of sampling, testing and related reports should be kept on file and available for inspection for a minimum of three (3) years by the Class I and II Industrial Users. This period of retention shall be extended during the course of any unresolved litigation involving the discharge of pollutants by the Class I and II Industrial Users or during the course of any administrative proceedings before the City upon direction of the City or E.P.A.
(H) All data and records obtained by the City in the administration arid enforcement of this Chapter shall be a public record, except information or data subject to the confidentiality requirements of 40 CFR 403.14. Provided however, the U.S. Environmental Protection Agency and Colorado Department of Health shall have access to all data obtained by the City and all effluent data shall be available to the public on an unrestricted basis.
52 3-6-5: RIGHT OF ENTRY AND INSPECTION
The City shall have the authority to enter upon the premises and property of any sewage system customer for the purpose of inspection, administration, or enforcement of the provisions of this Chapter and for sampling and monitoring discharges to the City sewage system. The City shall also have the right to inspect and copy all test results, sample results, and records required to be kept by this Chapter and other business records of the Industrial User related to sewage generation at all reasonable times. In the event that entry or inspection is denied, the City shall have recourse to all remedies allowed by law, including obtaining an inspection warrant from the Municipal Court, or terminating sewer serv1ce.
3-6-6: ADMINISTRATIVE ENFORCEMENT ACTION
(A) In the event the City determines that any Industrial User is introducing wastes into the City sewage system in violation of the requirements of this Chapter, the City may issue an Enforcement Order that may require any of the following:
( 1) Pretreatment to an acceptable condition;
(2) Control over the quantities and rates of discharge;
(3) Additional payment to cover the added costs of handling and treating the waste;
( 4) Rejection of the specific wastes or pollutants.
(B) The City may, on account of any violation of any provision of this Chapter, terminate sewer service to any Industrial User in accordance with the procedures of this Subsection.
(1) In the event that any actual or threatened discharge to the City system presents an imminent or substantial endangerment to the health and welfare of persons or environment, the City may summarily terminate all sewage service. If necessary, to effectuate such termination, the City may terminate water service to the Industrial User. If the Industrial User does not voluntarily comply with such order, the City may sever the sewer connection.
53 (2) In other cases, the City shall deliver notice to the Industrial User at his business premises or mail notice to the Industrial User at the address listed in the City utility records for such Industrial User, of termination of sewer service. Such notice shall advise the Industrial User of the nature of the violation, the date service will be terminated, and of the Industrial User's right to have an informal meeting before the City Manager prior to the termination date concerning the question of whether there is a violation of any of the provisions of this Chapter. If the Industrial User does not request a meeting by the termination date specified, or, if following the meeting the City Manager determines that a violation of this Chapter exists, the City may thereafter terminate sewer service. If necessary, to effectuate termination, the City may also terminate water service or sever the sewer connection.
(3) If necessary, in order to prevent damage to the City sewage system, or violations of the City's NPDES discharge permit, the City may, by order, impose revised effluent limits upon any Class I or Class II Industrial User, which may be more stringent than prevailing Federal Standards. The City may impose mass limitations on Industrial Users which are using dilutions to meet applicable Pretreatment Standards or in other cases where the imposition of mass limitations is appropriate.
(C) Any Industrial User may request an informal meeting with the City Manager with respect to the terms of any Administrative Enforcement Order by submitting such request in writing to the City within five ( 5) days of receipt of such order. The City shall thereafter schedule an informal meeting with the City Manager to resolve any question concerning the Order.
3-6-7: ENFORCEMENT AND PENAL TIES
(A) It shall be unlawful to violate any of the provisions of this Chapter or of any Discharge Authorization Order, administration enforcement order or other order or regulation issued pursuant to this Chapter. Any person convicted of such a violation may be penalized as authorized under Section 1-2-3 of the Municipal Code.
(B) All discharges in violation of the provisions of this Chapter are hereby declared to be a nuisance and may be abated in accordance with law.
54 (C) The City may maintain an action in any court of competent jurisdiction to enjoin any violation of the requirements of this Chapter and to recover from the responsible party the amount of any damages done to the City sewage system on account of any violation of this Chapter or otherwise.
(D) The rights and remedies provided herein are in addition to all other rights and remedies as may be provided by law.
(E) Any person violating any provision of this Chapter, or any Discharge Authorization Order, Administrative Enforcement Order, or other order or regulation issued pursuant to this Chapter shall be subject to a civil penalty of one thousand dollars ($1,000.00) per day each day such a violation continues. The City may maintain an action to recover civil penalties in any court of competent jurisdiction. In addition to the penalty the City may recover reasonable attorney fees, costs and other expenses associated with the enforcement activities such as consultant's fees, sampling and monitoring costs, any damages caused to the City, and any fines or penalties incurred by the City or a result of the violations. In determining the amount of the penalty, the Court shall take into account all relevant circumstances including but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit to the Industrial User by failure to comply, any con·ective actions by the Industrial User, the Industrial User's compliance history, any fines or penalties incurred by the City as a result of the violation, and other factors justice requires.
3-6-8: DEFINITIONS
The following definitions shall apply for the purposes of this Chapter.
(A) "Industrial User" shall mean the source of the introduction of pollutants into the City sewage system from any non-domestic source regulated under section 307 (b), (c) or (d) of the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 USC 1251, et seq. It shall also include any user who discharges wastes from industrial processes.
(B) "Class I - Significant Industrial User" means any Industrial User of the City's wastewater disposal system who:
(1) is subject to National Categorical Pretreatment Standards; or
55 (2) discharges an average of twenty five thousand (25,000) gallons per day or more of process wastewater (excluding sanitary non-contact cooling and boiler blow down wastewaters); or
(3) contributes a process waste stream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the treatment plant; or
(4) has a reasonable potential in the opinion of the City or E.P.A. to adversely affect sewage system operation or for violating any Pretreatment Standard or Requirement.
(C) "Class II - Minor Industrial User" is any Industrial User that discharges non-domestic pollutants to the public sewer in amounts that, on a routine basis, have insignificant impact on the treatment plant, but may, nonetheless, present the potential to impact the collection or treatment system or to violate the prohibited discharge limitations in this Chapter. This includes those industries that present the potential to cause sewer obstruction, slug loads, or chemical spills.
(D) (1) "Interference" or "Interfere" means a discharge which, alone or in conjunction with a discharge or discharges from other sources, both:
(a) Inhibits or disrupts the POTW, its treatment processes or operations, or its sludge processes, use or disposal; and
(b) therefore is a cause of a violation of any requirement of the City's National Pollutant Discharge Elimination System ("NPDES") discharge permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with the following statutory provisions and regulations or permits issued thereunder (or more stringent State or local regulations): Section 405 of the Clean Water Act, the Solid Waste Disposal Act (SWDA) (including Title II, more commonly referred to as the Resource Conservation and Recovery Act (RCRA), and including State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the SWDA, the Clean Air Act, the Toxic Substances Control Act, and the Marine Protection Research and Sanctuaries Act.
56 (2) "Pass Through" means a discharge which exits the City's sewage treatment plant into water of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City's NPDES discharge permit (including an increase in the magnitude or duration of a violation).
(3) For the purposes of this Subsection (D), an Industrial User "significantly contributes" to such a permit violation or prevention of sludge use or disposal whenever such Industrial User: (a) discharges a daily pollutant loading in excess of that allowed by this Chapter, any order issued pursuant hereto, or applicable Federal or State law. (b) discharges wastewater which substantially differs in nature or constituents from the Industrial User's average discharge. (c) knows, or has reason to know, that its discharge alone, or in conjunction with discharges from other sources, would result in a violation of the City's NPDES discharge permit, or prevent sewage sludge use or disposal. (d) knows, or has reason to know, that the City is, for any reason, violating its final effluent limitations in its NPDES discharge permit and that the Industrial User's discharge, either alone or in conjunction with discharges from other sources, increases the magnitude or duration of the City's NPDES discharge permit violations.
(E) "Slug" shall mean any discharge of water, sewage or industrial waste in which the concentration of any given constituents, or which the quantity of flow exceeds for any period of duration longer than fifteen (15) minutes more than five (5) times the average twenty-four (24) hour concentration or flow during normal operation.
(F) "City" shall mean the City of Montrose, Colorado, and any authorized council, commission, board, employee or agent thereof.
(G) "Categorical Pretreatment Standards" or " National Categorical Standards" means those standards set out in 40 CFR Chapter I, Subchapter N as authorized by section 307 (b) and (c) of the Federal Clean Water Act 33 U.S.C. 1251 et. seq., as such standards are promulgated or amended from time to time.
57 (H) (1) "New source" means any building, structure, facility or installation from which there is or may be a discharge of pollutants, the construction of which commenced after the publication of proposed Pretreatment Standards under section 307 (c) of the Clean Water Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that:
(a) the building, structure, facility or installation is constructed at a site at which no other source is located; or (b) the building, structure, facility or installation totally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) the production or wastewater generating processes of the building, structure, facility or installation are substantially independent of an existing source at the same site. In determining whether these are substantially independent factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source should be considered.
(2) Construction on a site at which an existing source is located results in a modification rather than a New Source if the construction does not create a new building structure, facility or installation meeting the criteria in Subsections (H) 1 (a), (b) or (c) of this Section but otherwise alters, replaces or adds to existing process or production equipment.
(3) Construction of a New Source as defined under this Subsection has commenced if the owner or operator has: (a) begun, or caused to begin as part of a continuous onsite construction program; (1) any placement, assembly, or installation of facilities or equipment; or
58 (2) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is necessary for the placement, assembly or installation of New Source facilities or equipment, or (b) Entered into a binding contractual obligation for the purchase of facilities or equipment which are intended to be used in its operation within a reasonable time. Options to purchase or contracts which can be terminated or modified without substantial loss, and contracts for feasibility, engineering, and design studies do not constitute a contractual obligation under this Subsection.
(I) The term "National Pretreatment Standard," "Pretreatment Standard" or "Standard" means any regulation containing pollutant discharge limits promulgated by the E.P.A. in accordance with section 307 (b) and (c) of the Clean Water Act that applies to an Industrial User. This term includes prohibitive discharge limits established pursuant to 40 CFR 403.5.
(J) The term "Publicly Owned Treatment Works" or "POTW" means a treatment works as defined by Section 212 of the Federal Water Pollution Control Act, which is owned be a State or municipality (as defined by Section 502 (4) of the Act). This definition includes any devices and systems used in the storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature to implement section 1281 of the Clean Water Act, or necessary to recycle or reuse water at the most economical cost over the estimated life of the works, including intercepting sewers, outfall sewers, sewage collection systems, pumping, power, and other equipment, and their appurtenances; extensions, improvements, remodeling, additions, and alterations thereof; elements essential to provide a reliable recycled supply such as standby treatment units and clear well facilities; and any works, including site acquisition of the land that will be an integral part of the treatment process (including land used for the storage of treated wastewater in land treatment systems prior to land application) or is used for ultimate disposal of residues resulting from such treatment.
59 For purposes of reconciling these terms with the numerous prov1s1ons throughout this City Code pertaining to this subject matter of wastewater collection and treatment, "Publicly Owned Treatment Works" or "POTW" shall mean the same thing as "wastewater treatment plant," "sewage system," "sewage treatment plant," "sewer system," "sewer treatment facility," "sanitary sewer system," "sewer collection system," and "treatment plant," and other such references to the City wastewater treatment plant.
(K) The term "Pretreatment Requirement(s)" means any substantive or procedural requirement to pretreatment, other than a National Pretreatment Standard, imposed on an Industrial User.
3-6-9: ADMINISTRATION
(A) The City Manager shall be responsible for the administration and enforcement of this Chapter.
(B) The City Manager may adopt such additional regulations as may be appropriate for the administration, interpretation and enforcement of this Chapter.
(C) The City Manager shall develop local limits and enforce them with respect to any substance deemed appropriate.
3-6-10: SPECIFIC REPORTING REQUIREMENTS
(A) In addition to any other types of reports required by this Chapter, Industrial Users shall submit the specific reports as required by 40 CFR, section 403.12 including those referenced in this Section.
(B) Within eighty (80) days after the effective date of a Categorical Pretreatment Standard or when otherwise required pursuant to 40 CFR 403.12 (b), Industrial Users subject to such Categorical Pretreatment Standards shall submit to the City a baseline monitoring report which contains the information listed in 40 CFR 403.12 (b).
(C) Compliance schedule progress reports shall be submitted as required by 40 CFR 403.12 (c).
60 (D) Reports on compliance with Categorical Pretreatment Standards shall be submitted as required pursuant to 40 CFR 403.12 (d).
(E) Periodic reports on continued compliance shall be submitted required pursuant to 40 CFR 403.12(e).
(F) All Industrial Users shall promptly notify the City in advance of any change in the volume greater than twenty percent (20%) or character of pollutants in their discharge.
(G) All reports required by this Chapter including baseline monitoring reports, ninety (90) day compliance reports, periodic reports on continued compliance must be signed and certified by a duly authorized representative of the Industrial User, meeting the requirements of 40 CFR 403.12 (1) and the certification statement shall meet the requirements of 40 CFR 403.6 (a) (2) (ii).
(H) All Industrial Users must notify the City, E.P.A. and Colorado Department of Health of the discharge of any hazardous waste pursuant to 40 CFR 403.12 (p).
3-6-11: REQUIRED TEST PROCEDURES
Test procedures as required in 40 CFR part 136 shall be used with respect to all tests required or conducted pursuant to these regulations.
3-6-12: PUBLICATION OF LIST OF SIGNIFICANT VIOLATORS
The City shall at least once annually publish a list of Industrial Users in significant noncompliance as that term is defined in 40 CFR 403.8 (f) (2) (vii).
3-6-13: SLUG DISCHARGE CONTROL
(A) The City shall "evaluate", at least once every two (2) years, whether each Class I - Significant Industrial User needs a plan to control slug discharges. For purposes of this Section, a slug discharge is any discharge of non routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge. The results of such activities shall be available to the E.P .A. and Colorado Department of Health upon request.
61 (B) If the City decides that a slug control plan is needed, the plan shall contain, at a minimum, the following elements:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of stored chemicals;
(3) Procedures for immediately notifying the City of slug discharges, including any discharge that would violate a prohibition under 40 CFR 403.5 (b) with procedures for follow-up written notification within five (5) days;
(4) If necessary, procedures to prevent adverse impact from accidental spills, including inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site run-off, worker training, building of containment structure or equipment, measures for containing toxic organic pollutants (including solvents), and/or measures and equipment for emergency response.
3-6-14: APPEAL TO CITY COUNCIL
Following any requested informal meeting with the City Manager, any Industrial User may appeal the terms of any Discharge Authorization Order or Administrative Enforcement Order to the City Council by submitting a written request for such appeal to the City Clerk within fourteen (14) days of the date of such order. The Council shall schedule and hold such a hearing and thereafter may make such decision as it deems appropriate concerning the order.
62
ORDINANCE NO. 2494
AN ORDINANCE OF THE CITY OF MONTROSE, COLORADO, REPEALING AND REPLACING TITLE 3 CHAPTER 6 OF THE OFFICIAL CODE OF THE CITY OF MONTROSE REGARDING PRETREATMENT PROGRAM REGULATIONS FOR INDUSTRIAL USERS
WHEREAS, the City's Regulations and Code are updated from time to time; and
WHEREAS, the City Council of the City of Montrose has determined that the changes to the Municipal code will further the health, safety, and welfare of the people of the City of Montrose.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MONTROSE, COLORADO as follows:
SECTION 1:
The following Title 3 Chapter 6 (3-6) is hereby repealed and replaced and supercedes all previous versions:
TITLE 3 – DEPARTMENTS
Chapter 3-6 PRETREATMENT PROGRAM REGULATIONS FOR INDUSTRIAL USERS
(A) General Provisions
(1) Applicability: These City of Montrose Pretreatment Program Regulations for Industrial Users (herein, “Regulations”) set forth uniform requirements for all Industrial Users that discharge domestic and/or non-domestic wastewater into the Publicly-Owned Treatment Works (POTW) and enables the City of Montrose to comply with all applicable Federal and State laws, including the Federal Clean Water Act, 33 U.S.C., Section 1251 et seq. (the “Act”), the General Pretreatment Regulations, 40 CFR Part 403, and the Colorado Discharge Permit System (CDPS) Permit issued by the Colorado Department of Public Health and Environment (CDPHE). These Regulations shall apply to all Industrial Users connected to the POTW.
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63 (2) Regulation Objectives:
(a) Prevent the introduction of pollutants into the POTW which will interfere with its operation, including interference with its use of disposal of municipal sludge; (b) Prevent the introduction of pollutants into the POTWs which will pass through the treatment works or otherwise be incompatible with the POTW; (c) Protect personnel who may be affected by wastewater and sludge in the course of their employment and to protect the health, safety and welfare of the general public; (d) Improve the opportunity to recycle and reclaim municipal and industrial wastewater and sludge from the POTW; (e) Provide for fees, charges and assessments for the equitable distribution of the cost of operation of the City’s Pretreatment Program; and (f) Enable the City to comply with its CDPS Permit conditions, federal and state requirements applicable to sludge use and disposal, and any other federal or state laws or regulations to which the POTW is subject.
(3) Authority of the City Manager: Except as otherwise provided, the City Manager shall administer, implement and enforce the provisions of these Regulations. Any powers granted to or duties imposed upon the City Manager may be delegated by the City Manager to other City personnel.
(4) Notification to Industrial Users: The City Manager shall in writing any Industrial User whom the City has identified and has reason to believe is subject to a National Categorical Pretreatment Standard or Requirement, or other applicable requirements promulgated by the EPA under the provisions of Section 204(b) or 405 of the Act, or under the provisions of sections 3001, 3004, or 4004 of the Solid Waste Disposal Act. Failure of the City to so notify Industrial Users shall not relieve said Industrial Users from the responsibility of complying with applicable requirements. It is the responsibility of a Significant Industrial User to apply for and receive a permit prior to discharge, whether a Significant Industrial User has been identified and formally requested to do so.
(5) Discharge by Industrial Users: If wastewaters containing any pollutant, including excess flow, or as otherwise defined in these Regulations, are discharged, have the potential to discharge in the opinion of the City Manager or proposed to be discharged to the POTW, the City Manager may take any action necessary to:
(a) Prohibit the discharge of such wastewater;
(b) Require an Industrial User to demonstrate that in-plant facility modifications will reduce or eliminate the discharge of such substances in conformity with these Regulations;
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64 (c) Require treatment, including storage facilities or flow equalization necessary to reduce or eliminate the potential for a discharge to violate these Regulations;
(d) Require the Industrial User making, causing or allowing the discharge to pay any additional cost or expense incurred by the City for handling, treating, disposing or remediation costs because of wastes discharged to the wastewater treatment system;
(e) Require the Industrial User to apply for and obtain a permit, including a zero-discharge permit or other control mechanism;
(f) Require timely and factual reports from the Industrial User; or
(g) Take such other action as may be necessary to meet the objectives of these Regulations.
(B) Definitions and Abbreviations
(1) Definitions: For the purposes of these Regulations, the following terms, phrases, words and their derivations shall have the meanings provided in these Regulations and applicable federal and state statutes, rules, or regulations that apply to the activity being regulated. Words not otherwise defined, shall be given their common and ordinary meaning.
“Act” or “the Act” is the Federal Water Pollution Control Act, also known as the Clean Water Act, 33 U.S.C. 1251 et seq., as amended.
“Approval Authority” is the EPA Region 8 Regional Administrator, or upon State program authorization, the Director of the Colorado Department of Public Health and Environment.
“Authorized Representative” or “Duly Authorized Representative of the Industrial User” means:
(a) If the Industrial User is a corporation:
(i) The president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision- making functions for the corporation; or
(ii) The manager of one or more manufacturing, production, or operating facilities, provided the manager is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or 3
65 implicit duty of making major capital investment recommendations, and initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; can ensure that the necessary systems are established or actions taken to gather complete and accurate information for reporting requirements established by the City; if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.
(b) If the Industrial User is a partnership or sole proprietorship: a general partner or proprietor, respectively;
(c) If the Industrial User is a limited liability company, the managing member(s) of the limited liability company;
(d) If the Industrial User is a federal, state, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or designee of such official;
(e) The individuals described in Subsections (a) through (d) above, may designate another Duly Authorized Representative if the authorization is made in writing, the authorization specifies the individual or position responsible for the overall operation of the facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the written authorization is submitted to the City.
“Best Management Practices” or “BMPs” are schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to implement the prohibitions listed in Section 3-6(C), Wastewater Discharge Prohibitions and Limitations. BMPs also include treatment requirements, operating procedures, and practices to control plant site runoff, spillage or leaks, sludge or waste disposal, or drainage from raw materials storage. BMPs shall be considered local limits and Pretreatment Standards for the purposes of these Regulations and Section 307(d) of the Act, as specified at 40 CFR Section 403.5(c)(4).
“5 Day Biochemical Oxygen Demand” or “BOD5” is the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at 20 degrees (20º) Celsius, expressed in milligrams per liter (mg/L) by weight, using methods approved under 40 CFR Part 136.
“Categorical Industrial User” is an Industrial User subject to a Categorical 4
66 Pretreatment Standard.
“Categorical Pretreatment Standard” or “Categorical Standard” means any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act (33 U.S.C. Section 1317), as amended, which apply to a specific category of industrial users and that appear in 40 CFR chapter I, subchapter N, Parts 405-471.
“City” means the City of Montrose, Colorado, a municipal corporation organized and existing under and by virtue of the laws of the state of Colorado.
“Colorado Discharge Permit System Permit” or “CDPS Permit” is a permit issued by the Colorado Department of Public Health and Environment, pursuant to Regulation 61, that establishes special and general conditions for discharging treatment plant effluent into waters of the State by the City’s POTW.
“Composite sample” is a representative flow-proportioned sample containing at least 12 aliquots and collected within a twenty-four (24) hour period or the industrial user’s operating data as appropriate. The aliquots are combined according to flow. Time-proportional composite samples consisting of at least 12 aliquots may be approved or used by the City where time-proportional samples are believed representative of the discharge.
“Contributing jurisdiction” is a municipality other than the City that contributes wastewater to the POTW.
“Cooling water” includes:
(a) Contact: Water used for cooling purposes which comes in contact with any raw material, intermediate product, waste product or finished product.
(b) Noncontact: Water used for cooling purposes which does not come in contact with any raw material, intermediate product, waste product or finished product and the only pollutant added is heat.
“Daily Maximum Discharge Limit” means the maximum allowable discharge limit of a pollutant that may be discharged during a twenty-four (24) hour period or as specified in the Industrial Wastewater Discharge Permit. Where daily maximum limits are expressed in units of mass, the daily discharge is the total mass discharged over the sampling period. Where daily maximum limits are expressed in terms of a concentration, the daily discharge is the arithmetic average measurement of the pollutant concentration derived from all measurements taken during that sampling period.
“Domestic wastewater” means water carrying human wastes, including kitchen, 5
67 bath, and laundry wastes from residences, buildings, industrial establishments and other places, of similar volume or chemical make-up to that of a residential dwelling unit unless otherwise regulated at an Industrial User by an applicable Categorical Pretreatment Standard.
“Enforcement Response Plan” or “ERP” is a document that outlines the general framework for investigating and responding to Industrial User violations of these Regulations or any control mechanism issued by the City. The ERP is maintained on file at the Wastewater Treatment Plant and in the office of the Utilities Manager.
“Existing source” is a Categorical Industrial User that is not a New Source.
“Extra jurisdictional user” is an Industrial User located outside the City limits that contributes wastewater to the POTW.
“Grab sample” is a sample which is taken from a wastestream on a one-time basis with no regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes.
“Hazardous waste” is any waste designated as hazardous under the provisions of 40 CFR Part 261 and 6 CCR 1007-3.
“Indirect Discharge” is the discharge or introduction of pollutants into the POTW from any Industrial User as defined in these Regulations and all other industrial users regulated under Section 307(b), (c) or (d) of the Act (33 U.S.C. 1317), including holding tank waste from a non-domestic user discharged into the POTW.
“Industrial” or “Non-Domestic” Waste means a liquid or solid waste from industrial manufacturing processes, trade or business activities distinct from domestic wastewater.
“Industrial User” is a source of Indirect Discharge or any other industrial or commercial facility or business that has a sewer connection to the POTW, whether the user discharges non-domestic wastewater.
“Industrial Wastewater Discharge Permit” is a type of control mechanism issued by the City to an Industrial User that allows, limits and/or prohibits the discharge of pollutants or flow to the POTW as set forth in these Regulations.
“Interference” means a discharge which, alone or in conjunction with a discharge or discharges from other sources, meets the following:
(a) Inhibits or disrupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and 6
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(b) Violates the City's CDPS permit (including an increase in the magnitude or duration of a violation) or of the prevention of sewage sludge use or disposal in compliance with any of the following statutory or regulatory provisions or permits issued thereunder, or any more stringent state or local regulations: Section 405 of the Act; the Solid Waste Disposal Act (SWDA), including Title II commonly referred to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act.
“Instantaneous Discharge Limit” means the maximum or minimum concentration or measurement for a pollutant or pollutant property allowed to be discharged at any time as determined by use of a grab sample or direct measurement.
“Local Limit” is any regulation containing discharge limits developed by the City in accordance with 40 CFR Section 403.5(c) and (d) which are Pretreatment Standards and are specified in Section 3-6(C), Wastewater Discharge Prohibitions and Limitations, of these Regulations.
“New Source” is a Categorical Industrial User meeting the definition as set forth in 40 CFR Section 403.3(m) and herein incorporated by reference.
“Normal Domestic Strength Wastewater” means wastewater, when analyzed in accordance with procedures established in 40 CFR Part 136, as amended, contains no more than two-hundred fifty (250) mg/L of 5-Day Biochemical Oxygen Demand (BOD5) or two-hundred fifty (250) mg/L of Total Suspended Solids. Discharges to the POTW that exceed these concentrations may be surcharged for the concentrations above these levels.
“North American Industry Classification System Code” or “NAICS Code” is the industrial classification scheme developed by the United States Office of Management and Budget used to classify business establishments for the collection, tabulation, presentation, and analysis of statistical data describing the U.S. economy. Also, see Standard Industrial Classification Code.
“Pass Through” means a discharge which exits the POTW into waters of the State in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of an NPDES Permit issued to the City, including an increase in the magnitude or duration of a violation.
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69 “Person” means any individual, partnership, co-partnership, firm, company, association, joint stock company, trust, estate, society, corporation, group, government, governmental agency or other legal entity, or their legal representatives, agents or assigns. The definition includes all federal, state and local government entities.
“pH” is the intensity of acid or base condition of the solution expressed as the logarithm (base 10) of the reciprocal of the concentration of hydrogen ions expressed in moles per liter of solution and reported as Standard Units (SU).
“Pollutant” means any dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, explosives, munitions, medical waste, chemical wastes, corrosive substance, biological material, biological nutrient, toxic substance, radioactive materials, heat, malodorous substance, wrecked or discharged equipment, rock, sand, slurry, cellar dirt, untreatable waste, or industrial, domestic, or agricultural wastes and certain characteristics of wastewater (e.g. pH, temperature, TSS turbidity, color, BOD5, COD, toxicity or odor) discharged into or with water.
“POTW Treatment Plant” is that portion of the POTW or any portion thereof designed to provide treatment of wastewater.
“Pretreatment” is the reduction of the amount of pollutants, the elimination of pollutants or the alteration of the nature of pollutant properties in wastewater to a less harmful state prior to, or in lieu of, discharging or otherwise introducing such pollutants into the POTW. The reduction or alteration can be obtained by physical process, biological process, or by other process or means, except as prohibited by 40 CFR Section 403.6(d). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loadings that might interfere with or otherwise be incompatible with the POTW. However, where wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility must meet an adjusted pretreatment limit calculated in accordance with 40 CFR Section 403.6(e).
“Pretreatment Requirement” are any substantive or procedural requirement related to Pretreatment, other than a Pretreatment Standard, imposed on an Industrial User.
“Pretreatment Standard” is any regulation containing pollutant limitations promulgated by the EPA in accordance with Section 307(b) and(c) of the Act which applies to Industrial Users. The term includes prohibited discharge limits established pursuant to 40 CFR Section 403.5 and those standards, BMPs, local limits and specific prohibitions established by the City. In cases of differing Standards, the more stringent shall apply. 8
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“Publicly Owned Treatment Works” or “POTW” is a treatment works as defined by Section 212 of the Act (33 U.S.C. 1292), which is owned by the City. This definition includes any devices or systems used in the collection, storage, treatment, recycling, and reclamation of municipal sewage or industrial wastes of a liquid nature and any sewers, pipes or other conveyances which convey wastewater to the treatment plant. The term also means the municipality having jurisdiction over the Indirect Discharges to and the discharges from the treatment works.
“Sector Control Program” is a program designed to control specific pollutants from Industrial Users with similar operations, waste generation or treatment through the implementation of Pretreatment Standards and Requirements, including Best Management Practices. The Sector Control Program requirements may be found in Section 3-6(N) of these Regulations.
“Septic Tank Waste” is sewage and solids from domestic activities pumped from a septic tank serving one or more private residences, wastes from chemical toilets, campers, trailers, or cesspools.
“Shall,” “May” to be treated as follows: “shall" is mandatory; "may" is permissive.
“Significant Industrial User” or “SIU” is:
(a) A Categorical Industrial User;
(b) An Industrial User that:
(i) Discharges an average of 25,000 gpd or more of process wastewater to the POTW (excluding domestic, noncontact cooling and boiler blowdown wastewater); or
(ii) Contributes a process wastestream which makes up five percent (5%) or more of the average dry weather hydraulic or organic capacity of the POTW treatment plant; or
(iii) Is designated as a SIU by the City on the basis that the Industrial User has a reasonable potential for adversely affecting the POTW’s operation; or for violating any Pretreatment Standard or Requirement (in accordance with 40 CFR Section 403.8(f)(6)).
(c) Upon finding that an Industrial User that meets the criteria in Subsection (b), above, has no reasonable potential for adversely affecting the POTW’s operation or for violating any Pretreatment 9
71 Standard or Requirement, the City may, at any time, on its own initiative or in response to a petition received from an Industrial User, and in accordance with 40 CFR 403.8(f)(6), determine that such Industrial User is not a Significant Industrial User.
“Slug Load” or “Slug Discharge” is any discharge of a non-routine, episodic nature, including but not limited to an accidental spill or a non-customary batch discharge, which has a reasonable potential to cause Interference or Pass Through, or in any other way violate the POTW’s regulations, local limits or Permit conditions. This includes a discharge which exceeds the hydraulic or design of an Industrial User’s treatment system or any part of the treatment unit.
“Standard Industrial Classification Code” or “SIC Code” is a classification pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President, Office of Management and Budget 1972, as amended. Also, see North American Industry Classification System Code.
“Stormwater” means that portion of precipitation, including snowmelt, that does not naturally percolate into the ground or evaporate, but flows via overland flow, interflow, pipes, and other features of a stormwater drainage system into a receiving water or stormwater facility.
“Total Suspended Solids” or “TSS” means the solids that either float on the surface of or are suspended in water, sewage, or other liquid, and which are removable by laboratory filtering in accordance with procedures approved in 40 CFR Part 136, as amended.
“Toxic pollutant” is any pollutant or combination of pollutants listed as toxic in regulations promulgated by the Administrator of the EPA under Section 307(a) of the Act or as otherwise listed in 40 CFR Part 122, Appendix D.
“Treatment plant” means that portion of the POTW which is designed to provide treatment of Wastewater.
“Wastewater” means the liquid and water-carried industrial or domestic wastes from residences, commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or untreated, which are discharged to the POTW.
(2) Abbreviations. The following abbreviations, when used in these Regulations, shall have the designated meanings:
BMPs Best Management Practices BOD5 5-Day Biochemical Oxygen Demand ºC degrees Celsius CDPS Colorado Discharge Permit System CFR Code of Federal Regulations 10
72 COD Chemical Oxygen Demand CIU Categorical Industrial User EPA U.S. Environmental Protection Agency ERP Enforcement Response Plan ºF degrees Fahrenheit FOG Fat, Oil and Grease FSE Food Service Establishment Gpd gallons per day LEL Lower Explosive Limit Mg milligrams Mgd million gallons per day mg/L milligrams per Liter NAICS Code North American Industry Classification System Code NPDES National Pollutant Discharge Elimination System O&G Oil and Grease O&M Operation and Maintenance POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act SIC Code Standard Industrial Classification Code SIU Significant Industrial User SNC Significant Noncompliance SWDA Solid Waste Disposal Act TSS Total Suspended Solids U.S.C. United States Code
(C) Wastewater Discharge Prohibitions and Limitations.
(1) General Prohibitions.
No Industrial User shall introduce into the POTW any pollutant which causes Pass Through or Interference. These general prohibitions and the specific prohibitions in Subsection (2) of this Section apply to all Industrial Users of the POTW whether they are subject to Pretreatment Standards, or any other national, state, or local Pretreatment Requirements.
(2) Specific Prohibitions. No Industrial User shall introduce or cause to be introduced into the POTW the following pollutants:
(a) Any substance which either alone or by interaction with other substances create a fire or explosive hazard in the POTW, including, but not limited to wastestreams with a closed-cup flashpoint of less than 140 degrees Fahrenheit (60 degrees Centigrade) using the test method specified in 40 CFR Section 261.21. The City Manager may require Industrial Users with the potential to discharge flammable, combustible or explosive substances 11
73 to install and maintain an approved combustible gas detection meter or explosion hazard meter. No two (2) successive readings on an explosion hazard meter at the point of discharge shall be more than five percent (5%), nor any single reading more than ten percent (10%), of the Lower Explosive Limit (LEL) of the meter.
(b) Wastewater having a pH of less than 5.0, or any Wastewater capable of causing corrosive structural damage to the POTW unless the POTW is specifically designed to accommodate such discharges.
(c) Solid or viscous pollutants in amounts which cause obstruction to the flow in the POTW resulting in Interference.
(d) Any Pollutant, including oxygen-demanding pollutants (BOD, COD, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause Interference with the POTW.
(e) Heat in amounts which will inhibit biological activity in the POTW resulting in Interference, but in no case heat in such quantities that the temperature at the POTW Treatment Plant exceeds 40 °C (104 °F) unless the Approval Authority, upon request of the POTW, approves alternate temperature limits.
(f) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin that exceed 50 mg/L and in any amount that will cause Pass Through or Interference.
(g) Pollutants which result in the presence of toxic gases, vapors or fumes within the POTW in a quantity which may cause acute worker health and safety problems or pollutants which singly or cumulatively or by interaction with other wastes are sufficient to create a public nuisance or hazard to life or are sufficient to prevent or interfere with entry into the sewers for their maintenance and repair.
(h) Trucked or hauled pollutants, except at discharge points designated by the City.
(i) Wastewater which contains grease, oil, or any other substances that will solidify or become discernibly viscous at temperatures between thirty-two degrees (32°) Fahrenheit (0° Celsius) and one hundred fifty degrees (150°) Fahrenheit (65.5° Celsius).
(j) Wastewater from food facilities containing free or floating oil and grease, or any discharge containing animal fat or grease by-product in excess of two hundred milligrams per liter (200 mg/L). This limit will not apply if the Industrial User has installed an appropriately sized Gravity Grease 12
74 Interceptor (GGI), is properly operating and maintaining the GGI, and implementing all required BMPs as specified in Section 3-6(N) herein, for food facilities.
(k) Wastewater generated as a result of wastes pumped from GGIs, hydromechanical grease interceptors or grease traps, oil/water separators or other storage tanks or treatment units back into the POTW, either directly or indirectly, without approval of the City Manager.
(l) Wastewater which imparts color to the POTW’s effluent such as, but not limited to, dye wastes and vegetable tanning solutions.
(m) Wastewater containing any radioactive wastes or isotopes, except in compliance with applicable State and federal regulations.
(n) Medical wastes that cause or contribute to Pass Through or Interference.
(o) Stormwater, surface water, groundwater, subsurface drainage, yard drainage, roof drain, swimming pool drainage, condensate, deionized water, effluent from groundwater pump-and-treat systems and unpolluted water shall not be discharged through any direct or indirect connection to the municipal sanitary sewer system unless authorized by the City.
(p) Any substance that causes the City to violate its CDPS Permit or applicable Water Quality Standards.
(q) Sludge, screenings, or other residues from the pretreatment of Industrial Wastes or industrial processes except as authorized by an Industrial Wastewater Discharge Permit, special approved discharge authorization or other control mechanism issued by the City.
(r) A Slug Discharge as defined in Section 3-6(B)(1), herein.
(s) Any substance which may cause the POTW’s effluent or treatment residues, sludge or sludge products produced for public distribution, or scums, to be unsuitable for reclamation or reuse or which otherwise interferes with the reclamation process.
(t) Any waste designated as hazardous under the provisions of 40 CFR Part 261 and 6 CCR 1007-3 unless done so in compliance with Section 3- 6(M)(11) herein and authorized by the City.
(u) Any pesticides, herbicides or fungicides that cause or contribute to Pass Through, Interference, or other problems at the treatment works or in the receiving waters. In no case, shall an Industrial User discharge wastewater that is generated from the rinsing of any container that 13
75 contains or contained any concentrated or formulated pesticide, herbicide or fungicide.
(v) No chemicals, materials, or substances, including but not limited to, paints, solvents, boiler or water treatment chemicals, sludges, chemicals, or wastes shall be stored in proximity to a floor drain or other sewer openings unless secondary containment is provided or there are physical barriers to entry to the wastewater collection system. The storage of any chemicals, materials, substances, or wastes that leak or have potential to leak or discharge into the POTW which may create an explosion hazard or in any way have a deleterious effect to the POTW or constitute a nuisance or a hazard to POTW personnel, the general public, the environment, or the receiving stream shall be prohibited.
(w) Bulk, expired, outdated or concentrated prescription or non-prescription drugs.
(x) Wastewater or pollutants discharged directly into a manhole or other opening to the POTW, unless specifically authorized by the City Manager or as otherwise permitted under these Regulations. It is prohibited and a violation of these Regulations to open a manhole and/or discharge into any opening.
(y) Wastewater contaminated because of discharge from aboveground and/or underground gasoline, diesel fuels, fuel oil, kerosene, and jet fuel tanks, tank accessories, and/or pipelines without applying for and obtaining a permit prior to discharge.
(z) Wastewater causing, alone or in conjunction with other sources, the POTW effluent to fail a Whole Effluent Toxicity (WET) test.
(aa) Detergents, surfactants and other surface-active agents, or other substances which may cause excessive foaming in the POTW or cause or contribute to Pass Through or Interference.
(bb) Discharge of Nonylphenol from the use of bulk or concentrated Nonylphenol containing detergents as employed by some industrial or commercial laundries, car washes, asphalt manufacturers, and other Industrial Users.
(cc) Discharge of any wastewater containing perchloroethylene (PCE) (also known as Tetrachloroethene and Tetrachloroethylene) from any Industrial User involved in the dry-cleaning business.
(dd) Discharge of any pollutant or pollutant property that interferes with UV transmittance or UV disinfection. 14
76
(3) Dilution Prohibited.
Dilution is prohibited as a substitute for treatment and shall be a violation of these Regulations. Except where expressly authorized to do so by an applicable Pretreatment Standard or Requirement, no Industrial User shall ever increase the use of process water, or in any other way attempt to dilute a discharge as a partial, or complete substitute for adequate treatment to achieve compliance with a Pretreatment Standard or Requirement. The City may impose mass limitations on Industrial Users which are using dilution to meet applicable pretreatment standards or requirements or in other cases where the imposition of mass limitations is appropriate.
(4) Local Limits.
(a) No Significant Industrial User or other designated non-SIU shall discharge or cause to be discharged, wastewater containing pollutants that exceed the following limits:
Daily Maximum Pollutant, as total Discharge Limits mg/L
Arsenic (As) 0.113 Cadmium (Cd) 0.114 Chromium (Cr) 4.587 Copper (Cu) 0.627 Lead (Pb) 0.466 Mercury (Hg) 0.01057 Molybdenum (Mo) 0.874 Nickel (Ni) 1.548 Selenium (Se) 0.136 Silver (Ag) 0.551 Zinc (Zn) 4.292
5-Day Biochemical Oxygen Demand (BOD5) in (1)(2) lbs/day 5698
Total Suspended Solids (TSS) in lbs/day (1)(2) 5080) (1)(2) Ammonia in lbs/day 543.0
(1) BOD5, TSS and Ammonia are expressed as lbs/day.
(2) Where a permitted Industrial User exceeds the concentration of BOD5 or
15
77 TSS as defined by Normal Domestic Strength Wastewater the City may surcharge for excess strength waste and/or establish specific daily maximum mass limits for these pollutants in pounds per day (lbs/day). If the City determines that Ammonia or Phosphorus are being discharged in significant concentrations, the City may require compliance with permit- specific limits and/or surcharge for excess strength waste on a case-by- case basis.
(5) A Significant Industrial User or other designated Industrial User who introduces wastewater into the POTW may be required to submit a Total Dissolved Solids (TDS) Control Plan if monitoring of the Industrial User’s discharge shows it exceeds one thousand two hundred (1200) mg/L TDS. This Plan shall contain a description of the chemicals and materials used that contribute to the TDS concentration and the source control measures that could be implemented to reduce the TDS concentration in the discharge to less than 1200 mg/L or to a level specified by the City that prevents discharges that cause or contribute to Pass Through or Interference.
(6) Maximum Allowable Industrial Load (MAIL). The City may implement local limits through allocation of the MAIL to Significant Industrial Users and specific permitted non-Significant Industrial Users that correspond to the uniform concentration local limits shown in the table in Section (C)(4)(a), above, and are hereby incorporated by reference.
(7) Benzene and BTEX. The following limits shall apply to wastewaters that are discharged from:
(i) Groundwater cleanup of petroleum or gasoline underground storage tanks or other remediation wastewaters containing these pollutants; (ii) Discharges where one or more of these pollutants are present; or (iii) Where these pollutants are appropriate surrogates.
It shall be unlawful for any Industrial User to discharge or cause to be discharged any waste or wastewater to the POTW that exceeds the following limits:
Pollutant(1)(3) Daily Maximum Limit (mg/L) Benzene 0.050 BTEX(2) 0.750
(1) All pollutants shown in the Table are total. (2) BTEX shall be measured as the sum of Benzene, Ethylbenzene, Toluene and Xylenes. (3) These limits are based upon installation of air stripping technology as described in the EPA document: “Model NPDES Permit for 16
78 Discharges Resulting from the Cleanup of Gasoline Released from Underground Storage Tanks. June 1989.”
(8) Most Stringent Limits.
The City Manager may establish more stringent pollutant limits, additional site- specific pollutant limits, Best Management Practices, or additional Pretreatment Requirements when, in the judgment of the City Manager, such limitations are necessary to implement the provisions of these Regulations.
(9) State requirements and limitations.
State requirements and limitations on discharges shall apply in any case where they are more stringent than federal Pretreatment Standards and Requirements or those in these Regulations.
(D) Categorical Pretreatment Standards.
(1) Industrial Users shall comply with the Categorical pretreatment standards found at 40 CFR chapter I, subchapter N, Parts 405-471, that apply to the regulated industrial category assigned to the user’s business activity.
(2) Where a Categorical Pretreatment Standard is expressed only in terms of either the mass or the concentration of a pollutant in wastewater, the City may impose equivalent concentration or mass limits in accordance with this Section and 40 CFR Part 403.6(c).
(3) When Categorical Pretreatment Standards are expressed only in terms of a mass of pollutant per unit of production, the City may convert the limits to equivalent limitations expressed either as mass of pollutant discharged per day or effluent concentration for purposes of calculating effluent limitations applicable to individual Industrial Users. The Industrial User shall supply appropriate actual or projected long-term production rates for the unit of production specified in order to facilitate this process, pursuant to 40 Part CFR 403.6(c)(2), as required by the City.
(4) The City may allow wastewater subject to a Categorical Pretreatment Standard to be mixed with other wastewaters prior to treatment. In such cases, the Industrial User shall identify all categorically regulated wastestreams and provide sufficient information for each non-categorical wastestream to determine whether it should be considered dilute for each pollutant. In such situations, the City shall apply the appropriate formula as provided by 40 CFR Part 403.6(e) to determine appropriate limits.
(5) When a Categorical Pretreatment Standard is expressed only in terms of pollutant concentrations, an Industrial User may request that the City convert the limits to 17
79 equivalent mass limits. The determination to convert concentration limits to mass limits is within the discretion of the City Manager. The City may establish equivalent mass limits if the Industrial User meets all the following conditions:
(a) To be eligible for equivalent mass limits, the Industrial User must:
(i) Employ, or demonstrate that it will employ, water conservation methods and technologies that substantially reduce water use during the term of its control mechanism;
(ii) Currently use control and treatment technologies adequate to achieve compliance with the applicable Categorical Pretreatment Standard, and not have used dilution as a substitute for treatment;
(iii) Provide sufficient information to establish the facility’s actual average daily flow rate for all wastestreams, based on data from a continuous effluent flow monitoring device, as well as the facility’s long-term average production rate. Both the actual average daily flow rate and the long-term average production rate must be representative of current operating conditions;
(iv) Not have daily flow rates, production levels, or pollutant levels that vary so significantly that equivalent mass limits are not appropriate to control the Discharge; and
(v) Have consistently complied with all applicable Categorical Pretreatment Standards during the period prior to the Industrial User’s request for equivalent mass limits.
(b) An Industrial User subject to equivalent mass limits shall:
(i) Maintain and effectively operate control and treatment technologies adequate to achieve compliance with the equivalent mass limits;
(ii) Continue to record the facility’s flow rates by a continuous effluent flow monitoring device;
(iii) Continue to record the facility’s production rates;
(iv) Notify the City if production rates are expected to vary by more than twenty percent (20%) from the submitted baseline production rates. The City may reassess and revise equivalent limits as necessary to reflect changed conditions; and
(v) Continue to employ the same or comparable water conservation 18
80 methods and technologies so long as it discharges under its equivalent mass limit.
(c) Equivalent mass limits:
(i) Shall not exceed the product of the actual average daily flow rate of the regulated process(es) of the Industrial User and the applicable concentration-based daily maximum and monthly average standards (and the appropriate unit conversion factor);
(ii) Upon notification of a revised production rate, the City Manager must reassess the equivalent mass limit and recalculate the limit as necessary to reflect changed conditions at the facility; and
(iii) May be retained in subsequent Industrial Wastewater Discharge Permits if the Industrial User’s actual average daily flow rate was reduced solely as a result of the implementation of water conservation methods and technologies, and the actual average daily flow rates used in the original calculation of the equivalent mass limit were not based on the use of dilution as a substitute for treatment pursuant to Section (C)(3), herein. The Industrial User must also be in compliance with 40 CFR § 403.17 (regarding the prohibition of bypass).
(d) The City may not express limits in terms of mass for pollutants such as pH, temperature, radiation, or other pollutants which cannot appropriately be expressed as mass.
(6) The City may convert the mass limits of the Categorical Pretreatment Standards at 40 CFR Parts 414, 419, and 455 to concentration limits for purposes of calculating limitations applicable to individual Industrial Users under the following conditions. When converting such limits to concentration limits, the City must use the concentrations listed in the applicable subparts of 40 CFR Parts 414, 419, and 455 and document that dilution is not being substituted for treatment as prohibited by these Regulations.
(7) Equivalent limitations are deemed Pretreatment Standards for the purposes of these Regulations and Section 307(d) of the CWA. The City must document how the equivalent limits were derived and make this information publicly available.
Once incorporated into the Industrial Wastewater Discharge Permit, the Industrial User must comply with the equivalent limitations in lieu of the promulgated Categorical Standards from which the equivalent limitations were derived.
(8) Many Categorical Pretreatment Standards specify one limit for calculating maximum daily discharge limitations and a second limit for calculating maximum 19
81 monthly average, or four (4) - day average limitations. Where such Standards are being applied, the same production or flow figure shall be used in calculating both the average and the maximum equivalent limitation.
(9) Any Industrial User operating under an Industrial Wastewater Discharge Permit incorporating equivalent mass or concentration limits calculated from a production-based standard shall notify the City within two (2) business days after the Industrial User has a reasonable basis to know that the production level will significantly change within the next calendar month. Any Industrial User not notifying the City of such anticipated change will be required to meet the mass or concentration limits in its control mechanism that were based on the original estimate of the long-term average production rate.
(E) Pretreatment and Monitoring Facilities.
(1) Treatment Required. An Industrial User shall provide wastewater treatment required to comply with these Regulations and shall achieve compliance with all applicable federal, state and local pretreatment standards and requirements within the time limitations specified by the EPA or the City, whichever is more stringent. Any pretreatment facilities necessary for compliance with these Regulations shall be provided, operated and maintained at the Industrial User’s expense and satisfy applicable requirements established by the City building codes. Unless waived by the City, such reports shall be prepared under the supervision of, and bear the seal of, a professional licensed engineer and submitted to the City for review. The review and acceptance of the engineering report, plans, specifications and operation and maintenance manual, shall in no way relieve the Industrial User from its obligation to comply with the provisions of these Regulations, including modification of its pretreatment facility as necessary to produce a discharge that complies with the Industrial User’s permit and these Regulations.
(2) Proper Operation and Maintenance. The Industrial User shall always properly operate and maintain all facilities and systems of treatment and control (and related appurtenances) by qualified personnel which are installed or used by the Industrial User. This provision requires the operation of back-up or auxiliary facilities or similar systems which are installed by an Industrial User when the operation is necessary to achieve or assure compliance with conditions of the Industrial Wastewater Discharge Permit. Calibration of meters and monitoring equipment shall be performed as required by manufacturers specification or the City.
(3) Monitoring Facilities. At the Industrial User’s expense, the City may require an Industrial User to install suitable monitoring facilities or equipment that allows for the representative sampling and accurate observation of wastewater discharges. Whether constructed on public or private property, the monitoring facilities shall be constructed in accordance with the City's requirements and all applicable construction standards and specifications. Monitoring equipment and 20
82 structures shall be maintained in proper working order, calibrated as required by manufacturer’s recommendations, and kept safe and accessible at all times to City personnel. The monitoring equipment shall be located and maintained on the Industrial User's premises outside of the building unless otherwise approved by the City.
The monitoring facility shall be provided with an enclosure that can be locked during sampling with a lock provided by the City. When such a location would be impractical, the City may allow such facility to be constructed in the public street or easement area, with the approval of the City Department or other agency having jurisdiction over such street or easement and located so that it will not be obstructed by public utilities, landscaping or parked vehicles. No Industrial User shall cover any manhole, sewer cleanout, or other openings in the wastewater collection system with earth, paving, or otherwise render it inaccessible.
(4) Wastewater Discharge Control. The City may require an Industrial User to restrict discharge during peak flow periods, designate that certain wastewater be discharged only into specified sewers, relocate and/or consolidate points of discharge, separate sewage wastestreams from industrial wastestreams, and such other conditions as may be necessary to protect the POTW and demonstrate the Industrial User’s compliance with the requirements of these Regulations.
(5) Flow Equalization. The City may require any Industrial User discharging into the POTW to install and maintain, on their property and at their expense, a suitable storage and flow-control facility to ensure equalization of flow. An Industrial Wastewater Discharge Permit may be issued solely for flow equalization.
(6) Multitenant Buildings. When more than one Industrial User is able to discharge into a common service line, the City may require installation of separate monitoring equipment or structures for each Industrial User.
(7) Safety and Access. There shall be unobstructed, safe, and easy access to allow accurate sampling and preparation of samples for analysis. The facility, sampling, and associated equipment shall be maintained at all times in a safe and proper operating condition by the user.
(8) Flow, pH, LEL and other meters and equipment. If the City determines an Industrial User is required to measure and report (a) wastewater flow, (b) discharge process wastewaters necessitating continuous pH measurement, or (c) discharge wastewater that may contain flammable substances or other pollutants of concern, the City may require the Industrial User to install and maintain, at the Industrial User’s expense, approved meters and equipment.
(9) Tampering with metering devices prohibited. No person shall install, change, bypass, adjust, remove, alter, or otherwise tamper with any metering device or any piping arrangement connected to a metering device to show the quantity of 21
83 water used at or discharged from the facility is different than the actual quantity used or discharged.
(F) Industrial Wastewater Discharge Permits
(1) Industrial Wastewater Discharge Permits Required.
All Significant Industrial Users proposing to connect to or discharge wastewater into the POTW shall apply for and obtain an Industrial Wastewater Discharge Permit from the City. An existing Significant Industrial User that has filed a timely wastewater Industrial Wastewater Discharge Permit application in accordance with these Regulations may continue to discharge if authorized by the City.
(2) New Industrial Users: Applying for an Industrial Wastewater Discharge Permit.
Any Industrial User required to obtain an Industrial Wastewater Discharge Permit who proposes to begin or recommence discharging into the POTW must apply for and obtain such permit prior to the beginning or recommencing of such discharge. The Industrial User shall file a wastewater Industrial Wastewater Discharge Permit application on forms provided by the City containing the information specified in Section (F)(6) below. The completed application for the Industrial Wastewater Discharge Permit must be filed at least ninety (90) days prior to the date upon which any discharge will begin or recommence. A Industrial Wastewater Discharge Permit application containing incomplete or inaccurate information will not be processed and will be returned to the Industrial User. The City may issue a wastewater Industrial Wastewater Discharge Permit at any time after receipt of the completed wastewater Industrial Wastewater Discharge Permit application.
(3) Existing Industrial Users: Applying for an Industrial Wastewater Discharge Permit Re-issuance.
An Industrial User with an expiring an Industrial Wastewater Discharge Permit shall apply for a new Permit by submitting a complete wastewater Industrial Wastewater Discharge Permit application at least ninety (90) days prior to the expiration of the Industrial User’s existing Permit. The Industrial User shall file a wastewater Industrial Wastewater Discharge Permit application on forms provided by the City containing the information specified in Section (6) below. An Industrial Wastewater Discharge Permit application containing incomplete or inaccurate information will not be processed and will be returned to the Industrial User. An Industrial User with an existing Industrial Wastewater Discharge Permit that has filed a complete and timely application may continue to discharge, as approved in writing by the City, through an administrative extension of the existing permit if the delay in permit issuance is not due to any act or failure to act 22
84 on the Industrial User’s part.
(4) Other Industrial Users.
The City may require other Industrial Users to apply for and obtain an Industrial Wastewater Discharge Permit, permit or other control mechanism to carry out the purposes of these Regulations. The City may issue an Industrial Wastewater Discharge Permit, a zero-discharge permit or other control mechanism, including, but not limited to, authorizations to discharge and letters authorizing discharge as determined to be appropriate.
(5) Enforceability.
Any violation of the terms and conditions of an Industrial Wastewater Discharge Permit, failure to apply for an Industrial Wastewater Discharge Permit or discharging without an Industrial Wastewater Discharge Permit shall be deemed a violation of these Regulations and subject the Industrial User to enforcement by the City. Obtaining an Industrial Wastewater Discharge Permit does not relieve a discharger of its obligation to comply with all State and federal Pretreatment Standards or Requirements.
(6) Industrial Wastewater Discharge Permit Application Contents.
(a) Name of business, address of the facility, location of the discharge if different from the facility address, and contact information for the owner, operator and the Authorized Representative of the Industrial User.
(b) Environmental Permits. A list of any environmental control permits held by or for the facility.
(c) Description of Operations.
(i) A brief description of the nature, average and maximum rate of production (including each product produced by type, amount, processes, and rate of production);
(ii) The Standard Industrial Classification(s) (SIC Code) and/or NAICS Code of the operation(s) carried out by such Industrial User;
(iii) A schematic process diagram showing each process step, wastestream, treatment step, internal recycling process, and points of discharge to the POTW. This diagram shall identify which wastestreams are subject to a Categorical Pretreatment Standard, if applicable. The Industrial User shall also submit site plans, floor plans, mechanical and plumbing plans and details showing all 23
85 sewers, sewer connections, floor drains, inspection manholes, and sampling chambers by size, location, and elevation;
(iv) A listing of all non-domestic process streams and the type(s) of wastes generated from each process;
(v) A list of all raw materials and chemicals used or stored at the facility;
(vi) Number of employees; and
(vii Hours of operation.
(d) Time and duration of discharges including the date the Industrial User first began discharge or plans to discharge to the POTW.
(e) The location for sampling the wastewater discharges from the Industrial User.
(f) Flow measurement. Information showing the average daily and maximum daily flow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CFR Section 403.6(e). For New Sources and new permittees not currently discharging, an estimate of flows may be used for meeting the requirements of the Baseline Monitoring Report required in Section (M)(2), herein.
(g) Measurement of Pollutants.
(i) The Categorical Pretreatment Standards applicable to each regulated process;
(ii) The Local Limits adopted by the City as specified in Section (C)(4), herein;
(iii) The results of sampling and analysis identifying the nature and concentration (or mass) of regulated pollutants in the discharge from each regulated process where required by the Standard or by the City;
(iv) Instantaneous, daily maximum and long-term average concentrations, or mass, where required;
(v) The sample shall be representative of daily operations and shall be collected and analyzed in accordance with procedures set out in Section (L), herein. Where an alternate concentration or mass limit 24
86 has been calculated in accordance with 40 CFR 403.6(e) for a categorical user covered by a Categorical Pretreatment Standard, this adjusted limit, along with supporting data, shall be submitted as part of the application; and
(vi) Where the Standard requires compliance with a BMP or pollution prevention alternative, the Industrial User shall submit documentation as required by the City or the applicable Standard to determine compliance with the Standard.
(h) A list of hazardous waste(s) generated and a description of the storage area and procedures for handling and disposal of the wastes.
(i) Slug Discharge Control Plan for Significant Industrial Users as described in Section (M)(5), herein, shall be submitted and as required by the City Manager for other Industrial Users.
(j) Compliance Schedule. If additional pretreatment and/or Operation and Maintenance (O&M) will be required to meet the Pretreatment Standards, the shortest schedule by which the Industrial User will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable Pretreatment Standard. The following conditions shall apply to this schedule:
(i) The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and operation of additional pretreatment required for the Industrial User to meet the applicable Pretreatment Standards (e.g. hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, completing construction, etc.). No such increment shall exceed nine (9) months.
(ii) Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the Industrial User shall submit a progress report to the City Manager including, at minimum, whether or not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of progress, the reason for delay, and the steps being taken by the Industrial User to return the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the City Manager.
(k) Certification. A statement, reviewed by the Authorized Representative of 25
87 the Industrial User and certified by a qualified professional, indicating whether Pretreatment Standards are being met on a consistent basis, and, if not, whether additional O&M and/or additional Pretreatment is required for the Industrial User to meet the Pretreatment Standards and Requirements.
(l) Signatory Certification. All Industrial Wastewater Discharge Permit applications and certification statements must be signed by the Authorized Representative of the Industrial User and contain the applicable certification statement(s) in Section (M)(8), herein.
(m) Any other information as may be deemed by the City Manager to be necessary to evaluate the permit application.
(7) Industrial Wastewater Discharge Permit Issuance.
(a) Industrial Wastewater Discharge Permits shall be issued for a specified time period, not to exceed five (5) years. An Industrial Wastewater Discharge Permit may be issued for a period of less than five (5) years at the City’s discretion or may be stated to expire on a specific date.
(b) Where the City is issuing an Industrial Wastewater Discharge Permit containing specific Pretreatment Standards or Requirements not otherwise contained in these Regulations, the Pretreatment Standard or Requirement shall be noticed for public comment for thirty (30) days in a newspaper of general circulation that provides meaningful public notice or processed through the City Council approval process.
(c) The City shall issue an Industrial Wastewater Discharge Permit to the applicant if the City finds that all the following conditions are met:
(i) The applicant has provided a timely and complete permit application to the City;
(ii) The proposed discharge by the applicant is in compliance with the Pretreatment Standards and Requirements established in these Regulations;
(iii) The proposed operation and discharge of the applicant would permit the normal and efficient operation of the POTW; and
(iv) The proposed discharge by the applicant would not result in a violation by the City of the terms and conditions of its NPDES Permit or cause Pass Through or Interference.
(d) If the City finds that the condition set out in Subsection (c)(ii) of this 26
88 Section is not met, the City may, at their discretion, issue an Industrial Wastewater Discharge Permit to the applicant if the conditions set out in subsections (c)(i), (c)(iii), and (c)(iv) of this Section have been met and if the applicant submits, and the City approves, a compliance schedule setting out the measures to be taken by the applicant and the dates that such measures will be implemented to insure compliance with applicable Pretreatment Standards and Requirements. At no time shall a discharge be allowed to cause a violation of any General or Specific Prohibitions established in Section (C) herein, nor shall the final compliance date for a Categorical Pretreatment Standard be extended.
(8) Administrative Industrial Wastewater Discharge Permit Appeals.
(a) Any Industrial User may file an appeal to reconsider the terms of an Industrial Wastewater Discharge Permit or appeal an Industrial Wastewater Discharge Permit denial by the City. An administrative appeal not submitted within the time period discussed below in subsection (b) shall not be considered and will be denied for lack of timeliness. The effectiveness of the wastewater discharge permit shall not be stayed pending an appeal.
(b) An Industrial User must file a written appeal request to the City Manager to reconsider a permitting action or decision by the City within fifteen (15) days of such City action. The Industrial User shall set forth in detail the facts that support the Industrial User's request for reconsideration. Such facts must include a statement that sets forth any newly discovered relevant fact that was not known or was unavailable to the Industrial User at the time of the City action. The City Manager shall render a written decision with respect to such request for reconsideration within sixty days (60) days after receipt of the Industrial User’s written appeal.
(9) Temporary Industrial Wastewater Discharge Authorization
A temporary Industrial Wastewater Discharge Authorization may be required of an Industrial User who is not a Significant Industrial User and is seeking to discharge wastewater to the POTW. The Industrial User shall be required to complete an application for discharge authorization as prescribed by the City Manager. No discharge shall be made until such time as the City authorizes the discharge.
(10) Transferability.
(a) An Industrial Wastewater Discharge Permit is issued to a specific Industrial User for a specific operation. An Industrial Wastewater Discharge Permit shall not be reassigned or transferred or sold to a new owner, new Industrial User, different premises, or a new or changed 27
89 operation without the prior written approval of the City. Failure to provide advance notice of a transfer renders the Industrial Wastewater Discharge Permit void as of the date of facility transfer and discharge of wastewater prohibited.
(b) Duly Authorized Representatives of the existing Industrial User and the new owner of the Industrial User shall jointly or separately submit a written request to the City at least thirty (30) days prior to the sale or transfer of ownership which:
(i) States that there shall be no changes to the facility’s operations and processes unless a permit application has been submitted by the new Duly Authorized Representative of the Industrial User;
(ii) Identifies the specific date on which the facility transfer will occur;
(iii) Identifies the legal name and trade name, if any, of the new Industrial User and the address of its corporate offices;
(iv) Identifies the contact information of the new facility’s Duly Authorized Representative, the mailing address at which such representative may receive notice(s) from the City, and the name and contact information for the facility manager, if different than the Duly Authorized Representative of the Industrial User; and
(v) Acknowledges and agrees that:
1. The new owner or operator has received a copy of the Industrial Wastewater Discharge Permit and has a legal, valid and binding obligation to comply with all requirements of the transferred Industrial Wastewater Discharge Permit;
2. Such transfer is within the power and authority of the existing permittee and the new owner or operator, without the joinder or consent of any other party, and has been authorized by all requisite corporate or partnership action on the part of the permittee and new owner or operator;
3. Neither the transfer nor the City’s approval of the transfer shall in any respect relieve the permittee any obligation or liability occurring prior to the transfer or of responsibility for acts or omissions occurring prior to the transfer, known or unknown;
4. The City waives none of its rights with respect to the 28
90 permittee’s or the new owner’s or operator’s compliance with the terms and conditions of the Industrial Wastewater Discharge Permit;
5. The City grants its approval of the transfer in reliance upon the representations, documents, and information provided by the permittee and new owner or operator in connection with the request for transfer; and
6. That the approval of the transfer shall not in any way be deemed a representation by the City that the permittee or new owner or operator are in full compliance with the terms and conditions of the permit.
(11) Industrial Wastewater Discharge Permit Conditions.
(a) Industrial Wastewater Discharge Permits shall be expressly subject to all provisions of these Regulations and all other applicable regulations, user charges and fees established by the City.
(b) Industrial Wastewater Discharge Permits shall contain the following:
(i) A statement that indicates the Industrial Wastewater Discharge Permit’s issuance date, expiration date and effective date;
(ii) The legal name and trade name, if any, of the user and the address of its corporate offices and a requirement to notify the City at least 30 days prior of a change to the legal name of the permittee;
(iii) The name and contact information of the Duly Authorized Representative of the Industrial User, the mailing address at which such representative may receive notice(s) from the City, and the name and contact information for the facility manager, if different than the Duly Authorized Representative;
(iv) A statement on Industrial Wastewater Discharge Permit transferability;
(v) Effluent limits, including Best Management Practices, based upon applicable Pretreatment Standards and information submitted by the Discharger or identified by the City;
(vi) Self-monitoring, sampling, reporting, notification and record- keeping requirements including, but not limited to, identification of the pollutants or BMPs to be monitored, sampling location, sampling frequency and sample type, 24-hour notice of non- 29
91 compliance and other applicable Pretreatment Requirements based on federal, state and local law;
(vii) Statements of applicable enforcement remedies and administrative, civil and criminal penalties for the violation of Pretreatment Standards and Requirements, the permit, these Regulations, and any applicable compliance schedule;
(viii) Requirements to immediately notify the City of any changes at its facility affecting potential for a Slug Discharge and for the Industrial User to immediately report any slug discharges, spills or accidental discharges, including any discharges that may cause problems at the POTW; and
(ix) Reapplication requirements.
(c) Industrial Wastewater Discharge Permits may also include, as appropriate:
(i) Applicable schedule of user charges and fees for the wastewater to be discharged into a public sewer;
(ii) Limits on average and maximum rate and time of discharge or requirements for flow equalization;
(iii) Requirements for installation and maintenance of inspection and sampling facilities and equipment;
(iv) Best Management Practices (BMPs) to control specific pollutants as necessary to meet the objectives of these Regulations;
(v) Compliance Schedules;
(vi) Requirements to reapply for a new permit prior to expiration of the existing permit;
(vii) Requirements for the installation of pretreatment technology, pollution control, or construction of appropriate containment devices, designed to reduce, eliminate, or prevent the introduction of pollutants into the treatment works;
(viii) Requirements to develop and implement waste minimization plans to reduce the amount of pollutants discharged to the POTW;
(ix) Closure requirements for permitted facilities undergoing partial or complete closure activities to ensure closure activities are completed and wastes have been properly disposed and remaining 30
92 access to sanitary and storm sewers are protected; and
(x) Other conditions as deemed appropriate by the City Manager to ensure compliance with all applicable local, state and federal rules and regulations.
(12) Industrial Wastewater Discharge Permit Modification.
(a) The notification of an Industrial Wastewater Discharge Permit modification does not stay any wastewater Industrial Wastewater Discharge Permit condition. The City may modify an Industrial Wastewater Discharge Permit for good cause, including, but not limited to, the following reasons:
(i) To incorporate any new or revised federal, state, or local Pretreatment Standards or Requirements or to reflect changes in applicable State or federal Standards;
(ii) To address significant alterations or additions to the Industrial User’s operation, processes, or wastewater volume or character since the time of the Industrial Wastewater Discharge Permit issuance;
(iii) A change in the POTW that requires either a temporary or permanent reduction or elimination of the authorized discharge;
(iv) Information indicating that the permitted discharge poses a threat to the POTW, City personnel, or the receiving waters;
(v) Violation of any terms or conditions of the Industrial Wastewater Discharge Permit;
(vi) Misrepresentations or failure to fully disclose all relevant facts in the Industrial Wastewater Discharge Permit application or in any required reporting;
(vii) To reflect a change in the legal name of the permittee, transfer of the facility ownership and/or operation to a new owner/operator;
(viii) When there is a revision of, or a variance is granted from, Categorical Pretreatment Standards;
(ix) To correct typographical or other errors in the Industrial Wastewater Discharge Permit; or
(x) Upon request of the Permittee, provided such request does not 31
93 result in a violation of any applicable Pretreatment Standards or Requirements, or these Regulations.
(b) The Industrial User shall file a written request for a modification of an Industrial Wastewater Discharge Permit whenever there has been a change in the legal name or trade name of the user or a change in the name or mailing address of the duly authorized representative of the Industrial User. The request shall be submitted to the City as soon as practicable but no later than thirty (30) days following implementation of the change. An Industrial Wastewater Discharge Permit will be non-transferable and subject to revocation if such request is not filed in the timeframe required.
(13) Revocation of Industrial Wastewater Discharge Permit and Authorization to Discharge.
A violation of the conditions of an Industrial Wastewater Discharge Permit, other control mechanisms, authorization to discharge, these Regulations or of applicable State or Federal regulations shall be reason for immediate revocation of an Industrial User’s permission to discharge. Upon revocation of the permit or authorization, any wastewater discharge from the affected Industrial User shall be considered prohibited and discharge of such wastewater in violation of these Regulations. Grounds for revocation of a permit include, but are not limited to, the following:
(a) Failure of an Industrial User to accurately disclose or report the wastewater constituents and characteristics of any discharge;
(b) Failure of the Industrial User to report significant changes in operations or wastewater constituents and characteristics as required;
(c) Refusal of access timely entry to the Industrial User's premises for the purpose of inspection or monitoring;
(d) Falsification of records, reports or monitoring results;
(e) Tampering with monitoring methods or equipment;
(f) Failure to submit, misrepresentation or failure to fully disclose all relevant facts in the Industrial Wastewater Discharge Permit application;
(g) Failure to pay fines or penalties;
(h) Failure to pay sewer charges, surcharges, or pretreatment programs fees;
(i) Failure to meet compliance schedules;
32
94 (j) Failure to provide advance notice of the transfer of business ownership of a permitted facility;
(k) Failure to provide required reports, including but not limited to, a wastewater survey, baseline monitoring report, 90-day compliance report, permit application, self-monitoring report or other permit required reports or notifications within the timeframe required by the City;
(l) Invoking of the City’s emergency authority as cited in Section (O)(3), herein;
(m) Closure of the facility or failure of the Industrial User to commence discharge within one hundred and eighty (180) days after the effective date of the Industrial Wastewater Discharge Permit; or
(n) Violation of any Pretreatment Standard or Requirement, or any terms of the Industrial Wastewater Discharge Permit or these Regulations.
(G) Special Agreements and Contracts.
No statement contained in these Regulations shall be construed as prohibiting special written agreements between the City and any Industrial User allowing industrial waste or wastewater of unusual strength or character to be discharged to the POTW, provided said Industrial User compensates the City for any additional costs of treatment. Such agreement, however, shall not allow or cause:
(1) Any adverse effect to the POTW; (2) A violation of the POTW NPDES permit; (3) A violation of a General or Specific Prohibition; (4) A Maximum Allowable Industrial Load (MAIL) to be exceeded; (5) A violation of State or Federal law or regulation; or (6) Provide any waiver to applicable Categorical Pretreatment Standard.
Application for a special approved discharge authorization shall be submitted at least ninety (90) days prior to the requested discharge date. The fees for a special approved discharge, established by the City, shall be based on the quantity and strength of the wastewater discharged.
(H) Right of Entry.
(1) Whenever it shall be necessary for the purposes of these Regulations, the City may enter upon any Industrial User’s facility, property, or premises and shall have ready access to all parts of the premises subject to these Regulations for the purposes of:
(a) Performing all inspection, surveillance and monitoring procedures 33
95 necessary to determine, independent of information supplied by Industrial User, compliance or noncompliance with applicable Pretreatment Standards and Requirements by an Industrial User. Compliance monitoring and inspection shall be conducted at a frequency as determined by the City and may be announced or unannounced;
(b) Setting up on the Industrial User’s property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the Industrial User’s operations;
(c) Examining and copying any records required to be kept under the provisions of these Regulations or of any other local, State or Federal regulation;
(d) The City may document and photograph any areas of the facility deemed necessary for carrying out the duties of the industrial pretreatment program including, but not limited to, documentation of the Industrial User’s compliance status and for reinforcement of required written reports. The Industrial User shall be allowed to review copies of photographs for trade secret claims upon request;
(e) Inspecting any monitoring equipment or method, pretreatment system equipment and/or operation;
(f) Sampling any discharge of wastewater into POTW; and/or
(g) Inspecting any production, manufacturing, fabricating or storage area where pollutants, regulated under these Regulations, could originate, be stored, or be discharged to the POTW.
(2) The occupant of such property or premises shall render all proper assistance in such activities. Where an Industrial User has security measures in place which require proper identification and clearance before entry into its premises, the Industrial User shall make necessary arrangements with its security personnel so that authorized representatives of the City will be permitted to enter without delay to perform their specified functions.
(3) The City Manager and other duly authorized agents and employees of the City are entitled to enter all private properties through which the City or any connecting jurisdiction holds an easement or similar access or occupancy right.
(4) Failure to allow entry or unreasonable delays.
In the event the City or other duly authorized representative of the City is refused admission or unreasonably delayed, such refusal or delay is a violation of these Regulations and may result in enforcement action as allowed for under these 34
96 Regulations including revocation of the Industrial Wastewater Discharge Permit.
(5) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the Industrial User at the written or verbal request of the City Manager and shall not be replaced. The costs of clearing such access shall be borne by the Industrial User.
(6) Search Warrants.
If the City is refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of these Regulations, that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the City designed to verify compliance with these Regulations or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, the City Manager may seek issuance of a search warrant from the Montrose County Court or another Court of competent jurisdiction.
(I) Regulation of Industrial Users from Outside Jurisdictions.
(1) The City may allow an Industrial User located outside the City’s jurisdictional boundary to discharge industrial wastewater into the City’s POTW if the City determines that it has available capacity, treatment capability and the legal authority to regulate and control such discharges. The City shall enter into a Pretreatment Interlocal Agreement (PIA) with the contributing jurisdiction where the Industrial User is located. Such agreement shall affix responsibilities in an enforceable manner to assure that the City’s Pretreatment Program is fully administered and enforced in all contributing jurisdictions and to ensure that the City has adequate legal authority to oversee implementation and enforcement of the jurisdiction, including over-filing where timely and appropriate enforcement has not been taken. The City also requires that the jurisdiction adopts adequate legal authority to assure that emergency termination of a non-complying Industrial User discharge can be made. If the contributing jurisdiction has an approved pretreatment program, the PIA shall define the distribution of responsibility between the City and jurisdiction to ensure that the City’s approved Pretreatment Program is fully implemented and enforced as required by the City’s NPDES Permit.
(2) Prior to entering into the Pretreatment PIA, the City shall obtain the following information from the contributing jurisdiction:
(a) A description of the quality and volume of wastewater discharged to the POTW by the contributing jurisdiction;
(b) An inventory of all Industrial Users located within the contributing jurisdiction that are discharging to the POTW through the jurisdiction; 35
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(c) A requirement that the contributing jurisdiction provide the City with access to all information that the contributing jurisdiction obtains regarding effluent quantity and quality from non-domestic users; and
(d) Other requirements as necessary for the City to guarantee the effective administration and enforcement of the Pretreatment Program.
(3) A Pretreatment PIA under this Section shall, at a minimum, contain the following provisions:
(a) A requirement for a contributing jurisdiction to adopt a sewer use or pretreatment ordinance which establishes pretreatment standards and requirements at least as stringent as these Regulations, along with a requirement to revise such ordinance to reflect any changes to these Regulations the City adopts in the future within a reasonable time frame, but not to exceed nine (9) months. Alternatively, the jurisdiction may adopt a sewer use code that delegates all authority to the City to implement and enforce the pretreatment program for Industrial Users located within the jurisdiction and meeting the definition of an Industrial User;
(b) A requirement for the contributing jurisdiction to submit a revised user inventory on an annual basis, or more frequently if requested by the City;
(c) A provision specifying which pretreatment implementation activities, including, but not limited to, issuing Industrial Wastewater Discharge Permits, conducting compliance inspections, sampling, and enforcement will be conducted by the contributing jurisdiction and which activities will be conducted by the City;
(d) A requirement for the contributing jurisdiction to provide the City with access to all information that the contributing jurisdiction obtains as part of its pretreatment activities;
(e) A requirement to enforce limits on the nature, quality, and volume of the contributing jurisdiction’s wastewater at the point where it discharges to the POTW;
(f) A provision ensuring the City’s access to the facilities of all Industrial Users within the contributing jurisdiction for inspection, sampling, and to confirm that the City’s pretreatment program is properly administered and that Industrial Users are properly categorized; and
(g) Provisions for addressing any breach of the terms of the pretreatment interlocal agreement. 36
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(4) Existing pretreatment PIAs.
Existing pretreatment interlocal agreements that are not in compliance with the provisions of this Section, shall be amended to conform, or shall be superseded by a pretreatment PIA that conforms, to the requirements of this Section within a reasonable time frame, but not to exceed nine (9) months following the effective date of these Regulations.
(5) Industrial Users in Outside Jurisdictions with no PIA In-Place.
Until such time as the City and a jurisdiction enter into a PIA for pretreatment program delegation, the City shall have the option to exercise any of the following options:
(a) Prohibit the discharge of non-domestic wastewater from an Industrial User located in another jurisdiction.
(b) Request the jurisdiction to issue a Permit to the Industrial User that is equivalent to the Industrial Wastewater Discharge Permit that includes all Pretreatment Standards and Requirements as required by the City.
(c) Enter into a contract with the Industrial User that binds the Industrial User to compliance with all Pretreatment Standards and Requirements in an Industrial Wastewater Discharge Permit issued by the City to the Industrial User.
(J) Recordkeeping.
(1) In addition to any recordkeeping requirements set forth in an Industrial Wastewater Discharge Permit or other control mechanism, all Industrial Users subject to the reporting requirements of these Regulations shall retain and make available for inspection and copying, all records, reports, monitoring, calibration logs or other data, applications, permits and all other information and documentation required by these Regulations, including documentation associated with Best Management Practices.
(2) Industrial users shall retain such records and shall keep such records available for inspection for at least three (3) years. This recordkeeping period shall be extended automatically for the duration of any litigation concerning the Industrial User's compliance with any provision of these Regulations, or when the Industrial User has been specifically and expressly notified of a longer records retention period by the City Manager.
(3) Written reports will be deemed to have been submitted on the date postmarked. For reports which are not mailed, postage prepaid, into a mail facility serviced by 37
99 the U.S. Postal Service, the date of receipt of the report by the City shall govern.
(K) Confidentiality.
(1) All records, reports, data or other information supplied by any person or Industrial User because of any disclosure required by these Regulations or information and data from inspections shall be available for public inspection, except as otherwise provided in this Section, 40 CFR Section 403.14, and the Colorado Open Records Act (C.R.S. 24-72-201, et seq.).
(2) These provisions shall not be applicable to any information designated as a trade secret by the person supplying such information. Materials designated as a trade secret may include, but shall not be limited to, processes, operations, style of work or apparatus or confidential commercial or statistical data. Any information and data submitted by the Industrial User which is desired to be considered a trade secret shall have the words "Confidential Business Information" stamped in a reasonably noticeable manner on each page containing such information. The Industrial User must demonstrate to the satisfaction of the City that the release of such information would divulge information, processes or methods of production entitled to protection as trade secrets of the Industrial User.
(3) Information designated as a trade secret pursuant to this Section shall remain confidential and shall not be subject to public inspection. Such information shall be available only to officers, employees or authorized representatives of the City charged with implementing and enforcing the provisions of these Regulations and properly identified representatives of the U.S. Environmental Protection Agency and the Colorado Department of Public Health and Environment.
(4) Effluent data from any Industrial User, whether obtained by self-monitoring, monitoring by the City, or monitoring by any state or federal agency, shall not be considered a trade secret or otherwise confidential. All such effluent data shall be available for public inspection.
(L) Sample Collection and Analytical Methods.
(1) Sample Collection.
Compliance determinations with respect to prohibitions and limitations in these Regulations may be made based on either grab or composite samples of wastewater as specified by the City. Such samples shall be taken at a point or points which the City determines to be suitable for obtaining a representative sample of the discharge. Composite samples may be taken over a twenty-four (24) hour period, or over a longer or shorter time span, as determined by the City to meet specific circumstances.
(2) Sample Type. 38
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Samples collected to satisfy reporting requirements must be based on data obtained through appropriate sampling and analysis performed during the period covered by the report and based on data that is representative of conditions occurring during the reporting period.
(a) Except as indicated in Subsections (b) and (c), below, the Industrial User must collect representative wastewater samples using twenty-four (24) hour flow proportional composite sampling techniques, unless time- proportional composite sampling or grab sampling is required by the City. Where time-proportional composite sampling or grab sampling is authorized by the City, the samples must be representative of the permitted discharge. Composite and Grab samples are defined in Section (B)(1), herein.
(b) Samples for oil and grease, temperature, pH, cyanide, total phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. Using protocols (including appropriate preservation) specified in 40 CFR Part 136 and applicable EPA guidance, multiple grab samples collected during a twenty-four (24) hour period may be composited prior to the analysis as follows: for cyanide, total phenols, and sulfides the samples may be composited in the laboratory or in the field; for volatile organics and oil and grease, the samples may be composited in the laboratory. Composited samples for other parameters unaffected by the compositing procedures as documented in approved EPA methodologies may be authorized by the City, as appropriate. In addition, grab samples may be required to show compliance with instantaneous discharge limits, including pH.
(c) For sampling required in support of Baseline Monitoring and 90-day Compliance reports required in Section (M) herein, a minimum of four (4) grab samples must be used for pH, cyanide, total phenols, oil and grease, sulfide, and volatile organic compounds for facilities for which historical representative sampling data do not exist. Where historical data is available, the City may authorize a lower minimum. The Industrial User is required to collect the number of grab samples necessary to assess and assure compliance with applicable Pretreatment Standards and Requirements.
(3) Analytical Requirements
All pollutant analysis, including sampling techniques, to be submitted as part of an Industrial Wastewater Discharge Permit application, report, permit or other analyses required under these Regulations shall be performed in accordance with the techniques prescribed in 40 CFR Part 136 and amendments thereto, unless otherwise specified in an applicable Categorical Pretreatment Standard. If 40 39
101 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, or where the EPA determines that the Part 136 sampling and analytical techniques are inappropriate for the pollutant in question, sampling and analyses shall be performed by using validated analytical methods or any other applicable sampling and analytical procedures, including procedures suggested by the City or other parties approved by the EPA.
(4) Records.
Records shall include for all samples:
(a) The date, exact place, method, and time of sampling and the name of the person(s) taking the samples;
(b) The date(s) and time analyses were performed;
(c) The name of the person performing the analyses;
(d) The analytical techniques/methods used, including method detection limits and QA/QC sample results;
(e) All chain-of-custody records; and
(f) The results of such analyses.
(M) Reporting and Notification Requirements.
(1) Periodic Compliance Reports (PCR) – All Significant Industrial Users.
(a) Any Significant Industrial User that is subject to a Federal, State, or City Pretreatment Standard or Requirement must submit reports, at a frequency determined by the City but no less than once per six (6) months, indicating the nature, concentration of pollutants in the discharge which are limited by Pretreatment Standards, including reporting of mass where applicable, and the average and maximum daily flows for the reporting period. In cases where the Pretreatment Standard requires compliance with a Best Management Practices (BMPs) or pollution prevention alternatives, the Industrial User must submit documentation required by the City or the Pretreatment Standard necessary to determine compliance status of the Industrial User. All industrial monitoring reports must be signed and certified in accordance with Section (M)(8), herein.
(b) The periodic compliance report shall include a record of the nature and concentrations (and mass if specified in the user’s Industrial Wastewater Discharge Permit) of the pollutants in the effluent, subject to a pretreatment standard, that were measured, including a record of measured 40
102 or estimated average and maximum daily flows taken at the user’s designated sampling location. Flows shall be reported based on an actual measurement, unless the City allows an Industrial User to report average and maximum flows by verifiable techniques when the City determines an actual measurement is not feasible.
(c) The periodic compliance report shall also include any sampling information required by the user’s Industrial Wastewater Discharge Permit, including information necessary to determine compliance with applicable best management practices, pollution prevention alternatives, maintenance, treatment, and record keeping requirements. Production data shall be reported if required by the user’s Industrial Wastewater Discharge Permit, or when an Industrial User is subject to a unit production-based concentration limit established by an applicable categorical pretreatment standard. Sampling and analysis that is conducted by the Industrial User at the designated sampling location using the procedures specified in Section (L) herein, more frequently than is required by this Section shall be included in the report.
(d) The City may require other Industrial Users to report other monitoring, sampling and analysis as needed to determine compliance with these Regulations.
(e) The City may agree to perform sampling and analysis in lieu of the Industrial User for certain pollutant parameters. If the City agrees to perform such sampling and analysis, the City may charge the Industrial User for such activities based upon the costs incurred by the City for the sampling and analyses, including personnel time. Any such charges shall be added to the normal sewer use charges and shall be payable as part of the sewer bills. The Industrial User is responsible to assure that all monitoring required by the Industrial Wastewater Discharge Permit is completed.
(2) Baseline Monitoring Reports – Categorical Industrial Users.
(a) Within either one hundred and eighty (180) days after the effective date of a Categorical Pretreatment Standard, or the final administrative decision on a Category Determination under 40 CFR 403.6(a)(4), whichever is later, existing Industrial Users currently discharging to or scheduled to discharge to the POTW shall submit a report which contains the information listed in Subsection (b), below. At least ninety (90) days prior to commencement of their discharge, New Sources, and sources that become Categorical Industrial Users subsequent to the promulgation of an applicable Categorical Pretreatment Standard, shall submit to the City a report which contains the information listed in Subsection (b), below. A New Source shall report the method of pretreatment it intends to use to 41
103 meet applicable Pretreatment Standards. A New Source also shall give estimates of its anticipated flow and quantity of pollutants to be discharged from regulated process streams and other non-process streams.
(b) Baseline monitoring reports shall include the following information:
(i) All information required in Section (F)(6), herein.
(ii) Measurement of Pollutants.
1. The Industrial User shall take a minimum of one (1) representative sample to compile the data necessary to comply with the requirements of this Paragraph;
2. Samples shall be taken immediately downstream from pretreatment facilities if such facilities exist or immediately downstream from the regulated processes if no pretreatment facilities exist. Users shall measure the flows and concentrations necessary to allow use of the combined wastestream formula in 40 CFR Section 403.6(e) if other wastewaters are mixed with the regulated wastewater prior to pretreatment. Where an alternate concentration or mass limit has been calculated in accordance with 40 CFR Section 403.6(e) this adjusted limit along with supporting data shall be submitted to the City. Both daily maximum and average concentrations (where determined) shall be reported;
3. Sampling and analysis shall be performed in accordance with the sampling techniques described in Section (L), herein, and 40 CFR Part 136;
4. The City may allow the submission of a BMR report which uses historical data only, provided the data is sufficient to determine the need for industrial pretreatment measures;
5. The baseline report shall indicate the time, date and place of sampling, and the methods of analysis. Industrial Users shall certify that such sampling and analysis is representative of normal work cycles and expected pollutant discharges to the POTW; and
6. All BMRs shall be signed and certified by the Duly Authorized Representative of the Industrial User in accordance with Section (M)(8), herein.
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104 (3) 90-Day Compliance Reports – Categorical Industrial Users.
(a) New Sources: All New Sources subject to existing Categorical Pretreatment Standards shall submit a report to the City within ninety (90) days from the date of first discharge to the POTW demonstrating actual and continuing compliance with those Standards.
(b) Existing Sources: All Existing Sources required to comply with newly promulgated Categorical Pretreatment Standards shall submit a report to the City within ninety (90) days of the date on which compliance is required with those Standards demonstrating that actual and continuing compliance with such Standards has been achieved.
(c) Such 90-day Compliance Report shall contain:
(i) The information required in Section (F)(6), Subsections (f), (g), (k), (l) and (m), herein;
(ii) Any changes to the information previously reported in the permit application;
(iii) For Industrial Users subject to equivalent mass or concentration limits established by the City in accordance with the procedures in 40 CFR Section 403.6(c), this 90-Day Compliance Report shall contain a reasonable measure of the Industrial User's long-term production rate; and
(iv) For Industrial Users subject to Categorical Pretreatment Standards expressed in terms of allowable pollutant discharge per unit of production (or other measure of operation), the 90-Day Compliance Report shall include the Industrial User's actual production during the appropriate sampling period.
(4) 24 Hour Notice and 30-Day Re-sampling.
If sampling performed by an Industrial User indicates a violation of these Regulations, the Industrial User shall notify the City within twenty-four (24) hours of becoming aware of the violation. The Industrial User shall also repeat the sampling and analysis and submit the results of the repeat analysis to the City within thirty (30) days after becoming aware of the violation. The Industrial User is not required to resample if either of the following occurs:
(a) The City performs sampling at the Industrial User’s facility at a frequency of at least once per month.
(b) The City performs sampling at the Industrial User’s facility between the 43
105 time when the Industrial User performs its initial sampling and the time when the Industrial User receives the results of this sampling. It is the sole responsibility of the Industrial User to verify if the City has performed this sampling.
(5) Slug and Spill Discharges- Notification and Plan Development.
(a) Each Industrial User shall provide protection from spills and slug discharges of pollutants regulated under these Regulations. Facilities and equipment to prevent the discharge of spills or slug discharges shall be provided and maintained at the Industrial User’s expense.
(b) Each Significant Industrial User shall immediately report all spills to the City that occurs within the boundaries of the User’s facility whether the spill results in a discharge to the POTW.
(c) The City shall evaluate whether or not each Significant Industrial User needs a Slug/Spill Control Plan or other action to control spills and slug discharges. The City may require any Industrial User to develop, submit for approval, and implement a Slug/Spill Control Plan or take such other action that may be necessary to control spills and slug discharges.
(d) A Slug/Spill Control Plan shall address, at a minimum, the following:
(i) Detailed plans (schematics) showing facility layout and plumbing representative of operating procedures;
(ii) Description of contents and volumes of any process tanks;
(iii) Description of discharge practices, including non-routine batch discharges;
(iv) Listing of stored chemicals, including location and volumes;
(v) Procedures for immediately notifying the City of any spill or Slug Discharge. It is the responsibility of the Industrial User to comply with the reporting requirements in this Section and Paragraph (M)(6);
(vi) Procedures to prevent adverse impact from any accidental or Slug Discharge. Such procedures include, but are not limited to, inspection and maintenance of storage areas, handling and transfer of materials, loading and unloading operations, control of plant site runoff, worker training, building of containment structures or equipment, measures for containing toxic organic pollutants, including solvents, and/or measures and equipment for emergency 44
106 response; and
(vii) Any other information as required by the City.
(e) Notice to employees. A notice shall be permanently posted on the Industrial User’s bulletin board or other prominent place advising employees who to call in the event of an accidental or slug discharge. Employers shall ensure that all employees who work in any area where an accidental or slug discharge may occur or originate are advised of the emergency notification procedures.
(6) Reports of Potential Problems – Slug Discharges.
(a) In the case of any Slug Load as defined in Section (B)(1), herein, the Industrial User shall immediately telephone and notify the City of the incident. This notification shall include:
(i) Name of the facility; (ii) Location of the facility; (iii) Name of the caller; (iv) Date and time of discharge; (v) Date and time discharge was halted; (vi) Location of the discharge; (vii) Estimated volume of discharge; (viii) Estimated concentration of pollutants in discharge; (ix) Corrective actions taken to halt the discharge; and (x) Method of disposal if applicable.
(b) Within five (5) working days following such discharge, the Industrial User shall, unless expressly waived by the City, submit a detailed written report that includes all the information contained in Subsection (6)(a), above, and any other information describing the cause(s) of the discharge and the measures to be taken by the Industrial User to prevent similar future occurrences. Such notification shall not relieve the Industrial User of any expense, loss, damage, or other liability which might be incurred because of damage to the POTW, natural resources, or any other damage to person or property; nor shall such notification relieve the Industrial User of any fines, penalties, or other liability which may be imposed pursuant to these Regulations.
(c) The Industrial User shall immediately contact the City when a change occurs at its facility affecting the potential for a Slug Discharge. The Industrial User shall follow-up on this immediate notification with a written, detailed report outline the changes that were identified and how the Industrial User will prevent Slug Discharges to the POTW.
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107 (7) Reports for Other Industrial Users.
If the City deems it necessary to assure compliance with provisions of these Regulations, any Industrial User of the POTW may be required to submit an Industrial Wastewater Discharge Permit application, questionnaire, reports on BMP implementation, or other reports and notifications in a format and timeframe as specified by the City.
(8) Signatory Certification.
All reports and other submittals required to be submitted to the City shall include the following statement and signatory requirements.
(a) The Authorized Representative of the Industrial User signing any application, questionnaire, any report or other information required to be submitted to the City must sign and attach the following certification statement with each such report or information submitted to the City.
"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system or the persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for willful or knowing violations."
(b) If the Authorized Representative is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, or overall responsibility for environmental matters for the company, a new authorization satisfying the requirements of this Section and meeting the definition in Section (B)(1) herein, must be submitted to the City prior to or together with any reports to be signed by an Authorized Representative.
(9) Compliance Schedules.
Should any schedule of compliance be established in accordance with the requirements of these Regulations, the compliance schedule shall be as specified in Section (F)(6)(j), herein.
(10) Notification of Change in Discharge or Operations.
(a) Every permitted Industrial User shall file a written notification with the 46
108 City a minimum of thirty (30) days prior to any significant change either in the volume or character of pollutants in its discharge, or a change in any manufacturing process or pretreatment modifications that may alter the volume or character of pollutants in its wastewater discharge, including the listed or characteristic hazardous wastes for which the user has submitted initial notification under 40 CFR 403.12(p). A significant change shall be a change equal to or greater than twenty percent (20%) in the mass of a pollutant or volume of flow discharged to the POTW. For purposes of this subsection, an Industrial User becomes aware when it knows, or reasonably should have known, of the facts giving rise to a reporting obligation.
(b) Industrial users with an Industrial Wastewater Discharge Permit that imposes wastewater concentration limits based on production levels shall notify the City in writing within two (2) days of when the Industrial User becomes aware that production levels will significantly change during the next calendar month.
(c) The City may require an Industrial User submit information needed to evaluate the changed discharge, including submission of a new or revised Industrial Wastewater Discharge Permit application. The City may issue, reissue, or modify a permittee’s Industrial Wastewater Discharge Permit in response to the required notice pursuant to this Section.
(d) Known or anticipated facility closure. The Industrial User is required to notify the City at least thirty (30) days prior to facility shutdown or closure which might alter the character, nature, quality, or volume of its wastewater.
(11) Notification of the Discharge of Hazardous Waste.
(a) Any Industrial User shall notify the City, in writing, of any discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261 or Colorado Department of Public Health and Environment Rules and Standards for Hazardous Wastes. Such notification to the City shall be made within the appropriate time frames specified in Section (M), Subsections (4), (6) and (10), herein, or within twenty-four (24) hours of becoming aware of the discharge, whichever is shorter.
Such notification must include:
(1) The name of the hazardous waste as set forth at 40 CFR Part 261 and 6 CCR 1007-3.;
(2) The EPA hazardous waste number; 47
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(3) The type of discharge (continuous, batch, or other);
(4) An identification of the hazardous constituents contained in the wastes;
(5) An estimation of the mass and concentration of such constituents in the wastestream discharged during that calendar month;
(6) An estimation of the mass of constituents in the wastestream expected to be discharged during the following twelve (12) months;
(7) Certification that the Industrial User has a program in place to reduce the volume and toxicity of hazardous wastes generated to the degree it has determined to be economically practical; and
(8). Signatory certification as required by Section (M)(8), herein.
(b) Any Industrial User shall notify the EPA Regional Waste Management Division Manager and the Colorado Department of Public Health and Environment, in writing, of the discharge into the POTW of a substance which, if otherwise disposed of, would be hazardous waste under 40 CFR Part 261 or and 6 CCR 1007-3 and meets the reporting criteria specified at 40 CFR Section 403.12(p). Notification to the State and EPA is the responsibility of the Industrial User and shall be made as required under 40 CFR Section 403.12(p). The Industrial User shall copy the City on all notifications made to the State and EPA.
(c) In the case of any new regulation under Section 3001 of the Resource Conservation and Recovery Act of 1976 (RCRA) identifying additional characteristics of hazardous waste or listing any additional substance as hazardous waste, the Industrial User must notify the City, the EPA Regional Waste Management Waste Division City Manager and Colorado Department of Public Health and Environment program of the discharge of such substance within ninety (90) days of the effective date of such regulations.
(d) This provision does not create a right to discharge any substance not otherwise allowed to be discharged by these Regulations, a permit issued hereunder, or any applicable Federal or State law.
(12) Requests for Information.
(a) A permittee shall furnish to the City, within the timeframe set by the City Manager, any information which the City may request to determine 48
110 whether cause exists for modifying, revoking, and reissuing, or terminating an Industrial Wastewater Discharge Permit, or to determine compliance with the Industrial Wastewater Discharge Permit or these Regulations. A permittee shall also, upon request, provide to the City, within the timeframe required by the City Manager, copies of any records that are required by the Industrial Wastewater Discharge Permit, discharge authorization or these Regulations.
(b) When requested by the City, any Industrial User shall submit information to the City Manager regarding industrial processes, nature and characteristics of wastes and wastewaters generated at the industrial facility, method of disposal of wastes, or other information required by the City Manager to meet the responsibilities under these Regulations, State law, and 40 CFR Part 403. Failure to provide information within the timeframe specified shall be a violation of these Regulations.
(N) Sector Control Programs.
(1) General Requirements.
(a) Authority.
The City may establish specific Sector Control Programs for Industrial Users to control specific pollutants as necessary to meet the objectives of these Regulations. Pollutants subject to these sector control programs shall generally be controlled using Best Management Practices (BMPs).
The City may implement these Sector Control Programs through an Industrial Wastewater Discharge Permit, by letter, an authorization to discharge, or other control mechanisms or by directly enforcing these Regulations. All Industrial Users that are covered by these Sector Control Programs shall comply with this Section, whether specifically notified by the City to do so.
(b) Notification to the City by the Industrial User and Management Review.
The City shall review new construction and existing facilities undergoing any physical change, change in ownership, change in operations, or other change that could change the nature, properties, or volume of wastewater discharge, to ensure that current Sector Control Program requirements are incorporated and implemented.
The Industrial User shall inform the City prior to:
(i) Sale or transfer of ownership of the business;
49
111 (ii) Change in the trade name under which the business is operated;
(iii) Change in the nature of the services provided that affect the potential to discharge sector control program pollutants; or
(iv) Remodeling of the facility that may result in an increase in flow or pollutant loading or that otherwise requires the facility to submit plans or specifications for approval through a building or zoning department, or any other formal approval process of a city, county or other jurisdiction.
(c) Inspections.
(i) The City may conduct inspections of any facility with or without notice for determining applicability and/or compliance with these Sector Control Programs.
(ii) If any inspection reveals non-compliance with any provision of a sector control program requirement, corrective action shall be required.
(iii) Inspection results will be provided in writing to the facility upon request.
(d) Closure.
The City may require closure of plumbing, treatment devices, storage components, containments, or other such physical structures that are no longer required for their intended purpose. Closure may include the removal of equipment, the filling in and/or cementing, capping, plugging, etc.
(e) Enforcement and Compliance.
(i) These Sector Control Program requirements form a part of these Regulations. Enforcement of this regulation is governed by the express terms in these Regulations.
(ii) Any extraordinary costs incurred by the City due to Interference, damage, Pass Through, or maintenance necessary in the treatment and/or collection system shall be paid by the Industrial User to the City. The direct costs of all labor, equipment and materials incurred in rectifying the Interference or damage, including reasonable attorney’s fees, shall be billed directly to the owner or the Industrial User by the City, and such costs shall become part of
50
112 the total charges due and owing to the City and shall constitute a lien on the Industrial User until paid in full.
(2) Best Management Practices for Fats, Oil and Grease (FOG) Facilities.
(a) Definitions.
(i) “Fats, Oil and Grease” or “FOG” means non-petroleum organic polar compounds derived from animal or plant sources such as fats, non-hydrocarbons, fatty acids, soaps, waxes, and oils that contain multiple carbon chain triglyceride molecules. These substances are detectable and measurable using the approved method for Hexane Extractable Materials in the analytical procedures established in 40 CFR Part 136.
(ii) “Gravity Grease Interceptor” or “GGI’ is an in-ground tank containing at least one baffle in which solids, greases and oils are separated from wastewater, located outside the Industrial User’s building and made accessible by at least two manhole covers.
(iii) “Grease trap” or “Hydromechanical Grease Interceptor” or “HMGI” is a small device hooked directly to the outgoing drains of sinks located inside a commercial food preparation facility that allows for the separation of fats, oils and grease of a non-petroleum nature from wastewater prior to being discharged into the POTW.
(b) Applicability.
These Best Management Practices (BMPs) establish requirements for any facility the City Manager determines that has the potential to discharge floatable or settleable material. The requirements established in this BMP shall apply to facilities where preparation, manufacturing, processing of food or washing/sanitizing of dishes or equipment occurs. Included food establishments may include, but are not limited to, restaurants, cafes, fast food outlets, pizza outlets, delicatessens, sandwich shops, coffee shops, schools, nursing homes and other facilities that prepare, service or otherwise make foodstuff available for consumption. Trucks containing mobile kitchens shall discharge their grease containing wastewater to a discharge point that has a grease interceptor installed such as a commissary or as otherwise required by the City. These facilities shall install and maintain a Gravity Grease Interceptor (GGI) within ninety (90) days of being notified of such requirement.
(c) No food service establishment covered by subsection (2)(b), above, shall discharge or cause to be discharged any wastewater containing free or
51
113 floating oil and grease, or any discharge containing animal fat or grease by-product in excess of two hundred milligrams per liter (200 mg/L). Unless otherwise approved by the City Manager, a food service establishment shall install and properly operate and maintain a Gravity Grease Interceptor, implement all required BMPs and not violate a General or Specific Prohibitions, as specified in Section (C) of these Regulations.
(d) A GGI that was legally and properly installed at an Industrial User’s facility prior to the effective date of these Regulations shall be acceptable as an alternative if such device is effective in removing floatable and settleable material and is designed and installed is such a manner that it can be inspected and properly maintained. If the City Manager determines at any time that such GGI is incapable of adequately retaining the floatable and settleable material or if it was installed in such a manner that it cannot be inspected and properly maintained, the Industrial User shall install a GGI that complies with all City codes within ninety (90) days after being notified of such requirement.
(e) Variance.
(i) A variance of these requirements may be granted by the City Manager for good cause. The facility has the burden of proof of demonstrating through data and other information why a variance should be granted. In no case shall a variance result in violation of any Pretreatment Standard or Requirement specified in these Regulations and applicable to the discharge. The granting of any variance shall be at the sole discretion of the City Manager and may be revoked at their discretion.
(ii) If a variance is granted, the facility shall institute Best Management Practices and other mitigation measures as specified by the City Manager. These BMPs may include, but not be limited to:
1. Allow the installation of a Hydromechanical Grease Interceptor (HMGI) or continue to allow the use of an HMGI in lieu of installing a GGI, where the HMGI is shown to be effective. If a HMGI is not shown to be effective, the City Manager may require the Industrial User to install a GGI.
2. All sinks and drains which are connected to the sanitary sewer shall be equipped with a fixed or removable mesh or screen which shall catch garbage and food debris and prevent it from entering the sewer system. 52
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3. Food grinders are prohibited unless the Industrial User installs and properly operates a solids separator prior to discharge to the POTW.
4. Biological treatment or enzyme treatment shall not be used unless approved by the City Manager. Use of enzymes or other chemical or biological treatment or product that emulsifies or acts to emulsify FOG is prohibited.
5. An employee training program shall be instituted on a periodic basis and for all new employees on FOG waste management.
6. Provide quarterly cleaning of its private service line to prevent the buildup of oil, grease and solids or as otherwise specified by the City Manager.
7. Submit records of the private service line cleaning as specified by the City Manager.
8. Pay the costs incurred by the City or other jurisdiction for accelerated sewer line cleaning on the sewer line providing service between the facility and the POTW, costs to the City for treating the excess strength waste and any costs for sampling and analysis.
(f) General Control Requirements.
(i) A GGI shall be required for the proper handling of liquid wastes which may be harmful to, or cause obstruction in the wastewater collection system or cause or contribute to Pass Through or Interference.
(ii) It shall be the responsibility of the Industrial User and/or owner of the property to contact the City for obtaining necessary permits for the installation of a grease removal device or any modifications to the facility’s plumbing. Written approval from the City must be obtained prior to installation of the interceptor. The time of review and approval of such permits shall in no way relieve the Industrial User from the responsibility of producing a discharge acceptable to the City under the provisions of these Regulations.
(iii) The design and sizing of GGIs shall be in accordance with applicable City Building Codes or the building codes that are in effect for the FOG facility if located in another jurisdiction. The 53
115 GGI shall be designed, sized, installed, maintained and operated to accomplish the intended purpose of intercepting pollutants from the industrial user’s wastewater and preventing the discharge of such pollutants to the City’s wastewater collection system, including pollutants that result in toxic, noxious or malodorous conditions that create a public nuisance or unsafe working conditions, which endanger life or the environment.
(iv) Upon change of ownership of any existing facility which would be required to have an interceptor under these Regulations, the applicant for sanitary sewer service shall have the burden to demonstrate that a properly sized and functioning GGI is installed.
(v) All sinks which are connected to a GGI shall be equipped with a fixed or removable mesh or screen which shall catch garbage and food debris and prevent it from entering the GGI. Food grinders are prohibited unless the Industrial User installs and properly operates a solids separator prior to the GGI.
(vi) The Industrial User must ensure interceptors are easily accessible for inspection, cleaning, and removal of FOG.
(vii) The Industrial User must maintain interceptors at their expense and keep in efficient operating condition at all times by the regular removal of accumulated FOG.
(viii) Each Industrial User that is required to use and maintain a GGI shall keep a record of every time the GGI is pumped, cleaned or repaired. This record shall include the date, the name of the company that pumped or cleaned the GGI and the amount of waste that was removed. Such records shall be made available to the City Manager upon request. The removed contents from any GGI shall be handled by a person licensed to haul such waste and shall be disposed of in accordance with Federal, State and local regulations.
(g) Required Maintenance.
(i) GGIs shall be maintained by regularly scheduled cleaning so that they will properly operate as intended to efficiently intercept the fats, oil and grease from the facility’s wastewater and prevent the discharge of said materials into the City’s wastewater collection system. A GGI shall be serviced at a minimum of every ninety (90) days, whenever the combined thickness of the floating greases and settled solids is greater than 25% of the hydraulic working capacity of the GGI or if toxic, noxious, malodorous conditions 54
116 create a public nuisance or unsafe working conditions which endanger health.
(ii) The City may require more frequent cleaning than that prescribed in Subsection (g)(i), above. A variance from the requirement in Subsection (g)(i) may be obtained if the Industrial User can demonstrate through analytical data that less frequent cleaning is sufficient.
(iii) Maintenance of grease interceptors shall be done in a workman- like manner only by a business/professional normally engaged in the servicing of such plumbing fixtures.
(iv) In the event a GGI is not properly maintained by the Industrial User, owner, lessee, or other authorized representative of the facility, the City may authorize such maintenance work be performed on behalf of the Industrial User. The costs of such maintenance shall be billed directly to the tenant/owner and shall become part of the charges due and owing to the City.
(v) Biological treatment or enzyme treatment shall not be a substitute for the servicing of a GGI. Use of enzymes or other chemical or biological treatment or product that emulsifies or acts to emulsify FOG is prohibited.
(vi) The Industrial User must document each pump-out with a waste manifest or trip ticket and kept by the Industrial User on site for at least three (3) years.
(vii) The Industrial User must take reasonable steps to assure that all waste is properly disposed of in accordance with federal, state and local regulations (i.e. through a statement certifying proper disposal by the hauler included on the waste manifest or trip ticket for each load).
(3) Best Management Practices for Oil/Water Separators – Reserved.
(4) Best Management Practices for Dental Facilities – Reserved.
(5) Best Management Practices for Trucked and Hauled Wastes – Reserved.
(O) Compliance and Enforcement.
(1) Enforcement Response Plan.
The City may adopt enforcement policies and procedures set forth in the City’s 55
117 Pretreatment Enforcement Response Plan for carrying out the provisions of these Regulations.
(2) Publication of Industrial Users in Significant Noncompliance.
The City shall publish annually, in a newspaper of general circulation that provides meaningful public notice within the jurisdiction served by the POTW, a list of the Significant Industrial Users which, at any time during the previous twelve (12) months, were in Significant Noncompliance with applicable pretreatment standards and requirements and meets any of the criteria below. In addition, any Industrial User found to be in Significant Noncompliance with Subsections (c), (d), or (h), below, shall also be published in the newspaper. The following criteria shall be used to define Significant Noncompliance:
(a) Chronic violations of wastewater discharge limits in which sixty-six percent (66%) or more of all the measurements taken for the same pollutant parameter during a six (6) month period exceed by any magnitude, a numeric Pretreatment Standard or Requirement, including instantaneous limits;
(b) Technical Review Criteria (TRC) violations, defined here in which thirty- three percent (33%) or more of all measurements taken for the same pollutant parameter during a six (6) month period equal or exceed the product of the numeric Pretreatment Standard or Requirement including, instantaneous limits, multiplied by the applicable TRC (1.4 for BOD, TSS, fats, oils and grease, and 1.2 for all other pollutants except pH);
(c) Any other violation(s) of a Pretreatment Standard or Requirement, including daily maximum, long-term average, instantaneous limit or narrative standard, that the City determines to have caused, alone or in combination with other Discharges, Pass Through and/or Interference including endangering the health of the general public or the health of POTW personnel;
(d) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environment or has resulted in the City exercising its emergency authority to halt or prevent such discharge;
(e) Failure to meet, within ninety (90) days after the schedule date, a compliance schedule milestone contained in a local control mechanism or compliance order for starting construction, completing construction, or attaining final compliance;
(f) Failure to provide, within thirty (30) days after the due date, any required report, including a Baseline Monitoring Report, 90-Day Compliance Report, periodic self-monitoring reports, and reports on compliance with 56
118 compliance schedules;
(g) Failure to accurately report non-compliance; or
(h) Any other violation or group of violations, which may include a violation of Best Management Practices, which the City determines will adversely affect the operation or implementation of the local Pretreatment Program.
(3) Administrative Enforcement.
(a) Notice of Violation (NOV).
Whenever the City Manager finds that an Industrial User has violated or continues to violate, any provision of these Regulations, an Industrial Wastewater Discharge Permit, authorization, order or other control mechanism issued hereunder, or any other Pretreatment Standard or Requirement, the City Manager may serve upon such Industrial User a written Notice of Violation. Within five (5) working days of the receipt of such notice, an explanation of the violation and a plan for satisfactory correction and prevention of further violations shall be submitted to the City Manager. Submission of such a plan in no way relieves the Industrial User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this Section shall limit the authority of the City to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.
(b) Administrative Order.
When the City finds that an Industrial User has violated, or continues to violate, any provision of these Regulations, an Industrial Wastewater Discharge Permit, authorization or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may issue an Administrative Order to the Industrial User responsible for the discharge directing that the Industrial User come into compliance within a specific time. If the Industrial User does not come into compliance within the time provided, sewer service may be discontinued unless adequate treatment facilities, devices, or other related appurtenances are installed and properly operated. Administrative orders also may contain other requirements to address the noncompliance, including additional self-monitoring and management practices designed to minimize the amount of pollutants discharged to the POTW. An Administrative Order may not extend the deadline for compliance established for a Pretreatment Standard or Requirement, nor does a compliance order relieve the Industrial User of liability for any violation, including any continuing violation. Issuance of a compliance order shall not be a bar against, or a prerequisite for, taking any other action against the industrial user. 57
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(c) Consent Order.
The City may enter into a Consent Order, assurances of voluntary compliance, or other similar documents establishing an agreement with any Industrial User responsible for noncompliance. Such documents shall include specific actions to be taken by the Industrial user to correct the noncompliance within a time period specified by the document. A Consent Order may include penalties, supplemental environmental projects, or other conditions and requirements as agreed to by the City and the Industrial User. A Consent Order shall have the same force and effect as an Administrative Order and shall be judicially enforceable.
(d) Show Cause Hearing.
(i) The City Manager, when he or she finds that an Industrial User which has violated, or continues to violate, any provision of these Regulations, an Industrial Wastewater Discharge Permit, authorization or order issued hereunder, or any other Pretreatment Standard or Requirement, may order the Industrial User to appear before the City Manager and show cause why the proposed enforcement action should not be taken. Notice shall be served on the user specifying the time and place for the meeting, the proposed enforcement action, the reasons for such action, and a request that the Industrial User show cause why the proposed enforcement action should not be taken. The notice of the meeting shall be served personally or by registered or certified mail (return receipt requested) at least ten (10) days prior to the hearing. Such notice may be served on any authorized representative of the Industrial User. A Show Cause Hearing shall not be a bar against, limitation, or prerequisite for taking any other action against the user.
(ii) After the City Manager has reviewed the evidence, the City Manager may issue an order to the Industrial User responsible for the discharge directing that, following a specified time period, the sewer service be discontinued unless adequate treatment facilities, devices or other related appurtenances shall have been installed or existing treatment facilities, devices or other related appurtenances are properly operated. Further orders and directives as are necessary and appropriate to correct the violation may be issued.
(e) Cease and Desist Order.
(i) When the City Manager finds that an Industrial User has violated, and/or continues to violate, any provision of these Regulations, an 58
120 Industrial Wastewater Discharge Permit, authorization or order issued hereunder, or any other Pretreatment Standard or Requirement, or that the Industrial User's past violations are likely to recur, the City Manager may issue a Cease and Desist Order to the Industrial User directing it to cease and desist all such violations and directing the Industrial User to:
1. Immediately comply with all requirements; and
2. Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations and/or terminating the discharge.
(ii) Issuance of a Cease and Desist Order shall not be a bar against, limitation, or a prerequisite for taking any other action against the Industrial User.
(f) Administrative Fines.
(i) When the City Manager finds that an Industrial User has violated, or continues to violate, any provision of these Regulations, an Industrial Wastewater Discharge Permit, authorization or order issued hereunder, or any other Pretreatment Standard or Requirement, the City Manager may fine such Industrial User in an amount not to exceed one thousand dollars ($1,000) per violation per day. In the case of monthly or other long-term average discharge limits, fines shall be assessed for each day during the period of violation. The City may add the actual costs of preparing administrative enforcement actions, such as notices and orders, to the fine.
(ii) Unpaid charges, fines, and penalties shall, after sixty (60) calendar days, be assessed an additional penalty of twenty-five percent (25%) of the unpaid balance. Interest shall accrue thereafter at a rate of one percent (1%) per month. A lien against the Industrial User’s property will be sought for unpaid charges, fines, and penalties. The failure to pay a penalty may be the basis for revocation of the Industrial Wastewater Discharge Permit as specified in Section (F)(13), herein.
(iii) Industrial Users that dispute such fines must file a written request for the City to reconsider the fine along with full payment of the fine amount within thirty (30) days of being notified of the fine. Where a request has merit, the City may convene a hearing on the matter. In the event the Industrial User’s appeal is successful, the 59
121 payment, together with any interest accruing thereto, shall be returned to the Industrial User.
(iv) Issuance of an administrative fine shall not be a bar against, limitation, or a prerequisite for taking any other action against the Industrial User.
(g) Emergency Suspension of Service.
(i) Endangerment to Health or Welfare of the Community: The City, through other than a formal notice to the affected Industrial User, may immediately and effectively halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW of the City or any wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever it reasonably appears that such discharge presents an imminent endangerment to the health or welfare of the community.
(ii) Endangerment to Environment or Treatment Works: The City, after written notice to the discharger may halt or prevent any discharge of pollutants into any natural waterway, surface drainage within the City, any area under jurisdiction of the City, the POTW, wastewater system tributary thereto, by any means available to them, including physical disconnection from the wastewater system, whenever such discharge presents or may present an endangerment to the environment or threatens to interfere with the operation of the POTW.
(iii) Any person notified of a suspension of the wastewater treatment service and/or the Industrial Wastewater Discharge Permit shall immediately stop or eliminate the contribution. In the event of a failure of the person to comply voluntarily with the suspension order, the City shall take such steps as deemed necessary including immediate severance of the sewer connection, to prevent or minimize damage to the POTW system or endangerment to individuals or the environment. The City may reinstate the Industrial Wastewater Discharge Permit and/or the wastewater treatment service upon proof of the elimination of the non- complying discharge.
(iv) A detailed written statement submitted by the Industrial User describing the causes of the harmful contribution and the measures 60
122 taken to prevent any future occurrence shall be provided to the City within five (5) days of the date of occurrence. Suspension of Service shall not be a bar against, or a prerequisite for, taking any other action against the Industrial User.
(h) Revocation of Industrial Wastewater Discharge Permit or Authorization to Discharge.
(i) A violation of the conditions of an Industrial Wastewater Discharge Permit, authorization, or order under these Regulations or of applicable State or federal regulations shall be reason for revocation of such permit or authorization to discharge by the City as provided for in Section (F)(13), herein. Upon revocation of the permit, any wastewater discharge from the affected Industrial User shall be considered prohibited and discharge of such wastewater in violation of these Regulations.
(ii) Any Industrial User whose Industrial Wastewater Discharge Permit or authorization to discharge is revoked or who is served with a notice of an intended order for the revocation of the Industrial User’s authorization to discharge may file with the City Manager a request for a hearing with respect thereto. The filing of a request for a hearing shall not stay the existing or proposed suspension.
(iii) If a hearing is requested with respect to an existing or proposed suspension or revocation, other than the suspension of service because of an action taken by the City under Section (O)(3)(g), herein, the City Manager shall hold a hearing following the process in Section (O)(3)(d), herein.
(4) Judicial Enforcement Remedies.
(a) Injunctive Relief.
When the City finds that an Industrial User has violated, or continues to violate, any provision of these Regulations, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement, the City may petition a court of competent jurisdiction for the issuance of a temporary or permanent injunction, as appropriate, which restrains or compels the specific performance of the Industrial Wastewater Discharge Permit or other requirement imposed by these Regulations on activities of an Industrial User.
The City may also seek such other action as is appropriate for legal and/or equitable relief, including a requirement for the Industrial User to conduct 61
123 environmental remediation. A petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any other action against an Industrial User.
(b) Civil Penalties.
(i) An Industrial User who has violated, or continues to violate, any provision of these Regulations, an Industrial Wastewater Discharge Permit, or order issued hereunder, or any other Pretreatment Standard or Requirement shall be liable to the City for a maximum civil penalty not to exceed ten thousand dollars ($10,000) per day per violation. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of violation(s).
(ii) The City may recover reasonable attorneys’ fees, court costs, and other expenses associated with enforcement activities, including sampling and monitoring expenses, and the cost of any actual damages incurred by the City.
(iii) Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, taking any other action against an industrial user.
(c) Civil/Administrative Fine Pass Through.
If an Industrial User discharges such pollutants which causes the City to violate any condition of its NPDES Permit and the City is fined by the EPA or the State for such violation, then such Industrial User shall be fully liable for the total amount of the fine assessed against the City by the EPA and/or the State.
(d) Criminal Penalties.
(i) An Industrial User that willfully, recklessly or negligently violates any provision of these Regulations, including making false statements, shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed one thousand dollars ($1,000) for each violation and/or by imprisonment up to six (6) months. Each day any violation of these Regulations occurs shall constitute a separate offense.
(ii) The City may refer violations that may warrant criminal prosecution to the U.S. Attorney General’s Office, State Attorney General, EPA Criminal Investigation Division or other appropriate agency. This referral shall not preclude the City from taking a parallel administrative or civil enforcement action. 62
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(5) Other Actions by the City.
(a) Liability Insurance: The City may decline to issue or reissue an Industrial Wastewater Discharge Permit to any Industrial User who has failed to comply with any provision of a Permit, these Regulations or order issued hereunder, or any other Pretreatment Standard or Requirement, unless the Industrial User first submits proof that it has obtained financial assurances sufficient to restore or repair damage to the POTW caused by its discharge.
(b) Performance Bonds: The City may decline to issue or reissue an Industrial Wastewater Discharge Permit to any Industrial User who has failed to comply with any provision of a Permit, these Regulations or order issued hereunder, or any other Pretreatment Standard or Requirement, unless such Industrial User first files a satisfactory bond, payable to the City, in a sum not to exceed a value determined by the City to be necessary to achieve consistent compliance.
(c) Water Supply Severance: Whenever an Industrial User has violated or continues to violate any provision of these Regulations, an Industrial Wastewater Discharge Permit or order issued hereunder, or any other Pretreatment Standard or Requirement, water service to the Industrial User may be severed. Service will only recommence, at the Industrial User’s expense, after it has satisfactorily demonstrated its ability to comply.
(d) Public Nuisance: A violation of any provision of these Regulations, an Industrial Wastewater Discharge Permit or order issued hereunder, or any other Pretreatment Standard or Requirement, is hereby declared a public nuisance and shall be corrected or abated as directed by the City. Any persons(s) creating a public nuisance shall be subject to the provisions of the City Codes governing such nuisances, including reimbursing the City for any costs incurred in removing, abating, or remedying said nuisance.
(e) Vandalism: No person shall willfully or negligently break, damage, destroy, uncover, deface, tamper with, or prevent access to any structure, appurtenance or equipment, or other part of the POTW. Any person found in violation of this requirement shall be subject to the penalties adopted by the City for such violations.
(P) Affirmative Defenses to Discharge Violations.
(1) Upset.
(a) For the purposes of this Section, "Upset" means an exceptional incident in which there is unintentional and temporary noncompliance with 63
125 Categorical Pretreatment Standards because of factors beyond the reasonable control of the Industrial User. An upset does not include noncompliance to the extent caused by operational error, improperly designed treatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation.
(b) An upset shall constitute an affirmative defense to an action brought for noncompliance with Categorical Pretreatment Standards if the requirements of Subsection (1)(c), directly below, are met.
(c) An Industrial User who wishes to establish the affirmative defense of upset shall demonstrate, through properly signed, contemporaneous operating logs, or other relevant evidence that:
(i) An upset occurred, and the Industrial User can identify the cause(s) of the upset;
(ii) The facility was at the time being operated in a prudent and workmanlike manner and in compliance with applicable operation and maintenance procedures; and
(iii) The Industrial User has submitted the following information to the City Manager within twenty-four (24) hours of becoming aware of the upset (if this information is provided orally, a written submission must be provided within five (5) days):
1. A description of the indirect discharge and cause of noncompliance;
2. The period of noncompliance, including exact dates and times, or, if not corrected, the anticipated time the noncompliance is expected to continue; and
3. Steps being taken and/or planned to reduce, eliminate, and prevent recurrence of the noncompliance.
(d) In any enforcement proceeding, the Industrial User seeking to establish the occurrence of an upset shall have the burden of proof.
(e) Industrial Users will have the opportunity for a judicial determination on any claim of upset only in an enforcement action brought for noncompliance with Categorical Pretreatment Standards.
(f) Industrial Users shall control production or all Discharges to the extent necessary to maintain compliance with Categorical Pretreatment Standards upon reduction, loss, or failure of its treatment facility until the facility is 64
126 restored or an alternative method of treatment is provided. This requirement applies in the situation where, among other things, the primary source of power of the treatment facility is reduced, lost, or fails.
(2) Prohibited discharge standards.
An Industrial User shall have an affirmative defense to an enforcement action brought against it for noncompliance with the General Prohibitions herein, Section (C)(3)(A), and the Specific Prohibitions in Section (C)(2), Subsections (c), (d), (e), (f) or (g) where the Industrial User can demonstrate that:
(a) It did not know, or have reason to know, that its discharge, alone or in conjunction with discharges from other sources, would cause Pass Through or Interference;
(b) A local limit designed to prevent Pass Through and/or Interference was developed for each pollutant in the industrial user's discharge that caused Pass Through or Interference, and the Industrial User was in compliance with each such local limit directly prior to and during the Pass Through or Interference; or
(c) If a local limit designed to prevent Pass Through and/or Interference, as the case may be, was not been developed for the pollutant(s) that caused the Pass Through or Interference, the Industrial User's discharge directly prior to and during the Pass Through or Interference did not change substantially in nature or constituents from the user's prior discharge activity when the POTW was regularly in compliance with the POTW's NPDES Permit requirements and, in the case of Interference, applicable requirements for sewage sludge use or disposal.
(3) Bypass.
(a) For the purposes of this subsection:
(i) "Bypass" means the intentional diversion of wastestreams from any portion of a user's treatment facility.
(ii) "Severe property damage" means substantial physical damage to property, damage to the treatment facilities which causes them to become inoperable, or substantial and permanent loss of natural resources which can reasonably be expected to occur in the absence of a bypass. "Severe property damage" does not mean economic loss caused by delays in production.
(b) An Industrial User may allow any bypass to occur which does not cause Pretreatment Standards or Requirements to be violated, but only if it also 65
127 is for essential maintenance to assure efficient operation. These bypasses are not subject to the provision of Subsections (c) and (d) of this Section but are reportable under Section (M), Subsection (1), (4), (6), (10) and (11), as applicable herein.
(c) Notice.
(i) If an Industrial User knows in advance of the need for a bypass, it shall submit prior notice to the City Manager at least ten (10) days before the date of the bypass.
(ii) An Industrial User shall submit oral notice to the City Manager of an unanticipated bypass that exceeds applicable Pretreatment Standards within twenty-four (24) hours from the time the Industrial User becomes aware of the bypass. A written submission shall also be provided within five (5) days of the time the Industrial User becomes aware of the bypass. The written submission shall contain a description of the bypass and its cause; the duration of the bypass, including exact dates and times, and, if the bypass has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent recurrence of the bypass. The City Manager may waive the written report on a case-by-case basis if the oral report has been received within twenty-four (24) hours.
(d) Bypass is prohibited. The City Manager may take an enforcement action against an Industrial User for a bypass, unless:
(i) Bypass was unavoidable to prevent loss of life, personal injury, or severe property damage;
(ii) There were no feasible alternatives to the bypass, such as the use of auxiliary treatment facilities, retention of untreated wastes, or maintenance during normal periods of equipment downtime. This condition is not satisfied if adequate backup equipment should have been installed in the exercise of reasonable engineering judgment to prevent a bypass which occurred during normal periods of equipment downtime or preventive maintenance; and
(iii) The Industrial User submitted notices as required under Subsection (3)(c) above.
(e) The City Manager may approve an anticipated bypass, after considering its adverse effects, if the City Manager determines that it will meet the three (3) conditions listed in Subsection (3)(d), above.
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128 (Q) Pretreatment Charges and Fees.
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City’s Pretreatment Program which may include, but not limited to:
(1) Fees for wastewater discharge permit applications, including the cost of processing such applications;
(2) Fees for monitoring, inspection, and surveillance procedures including the cost of collection and analyzing a user’s discharge, and reviewing monitoring reports submitted by Industrial Users;
(3) Fees for reviewing and responding to accidental discharge procedures and construction;
(4) Fees for filing appeals; and
(5) Other fees as the City may deem necessary to carry out the requirements contained herein.
These fees relate solely to the matters covered by this Ordinance and are separate from all other fees, fines, and penalties chargeable by the City.
(R) Severability.
In the case that any part, provision, or representation of this Ordinance is held invalid, illegal, unconstitutional, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby and such part, provision, or representation shall be ineffective only to the extent of such invalidity, illegality, or unenforceability.
(S) Non-Exclusive Remedies.
The remedies provided for in these Regulations are not exclusive of any other remedies that the City may have under Federal, State, or local law. The City may take any, all, or any combination of actions described in these Regulations against an Industrial User who violates these Regulations. The City may seek damages from any Industrial User who discharges or causes to be discharged to the POTW, any pollutant that causes damage or detrimental effects on the POTW or otherwise causes the City to expend resources to respond to such discharge. Furthermore, the City may pursue any other available remedies that exist in law or equity against an Industrial User that violates these Regulations. Enforcement for violations of these Regulations will generally be in accordance with Section (O), herein.
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129 You will please take notice that the Montrose City Council will hold a hearing upon the above Ordinance and the question of its passage on first reading on Tuesday, the 4th of February, 2020 at the hour of 6:00 p.m. at the Elks' Civic Building in Montrose, Colorado.
INTRODUCTED, READ, and PASSED on first reading this 4th day of February, 2020.
______David Bowman, Mayor ATTEST:
______Lisa DelPiccolo, City Clerk
INTRODUCED, READ, and ADOPTED on second reading this 18th day of February, 2020.
______David Bowman, Mayor ATTEST:
______Lisa DelPiccolo, City Clerk
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130
RESOLUTION NO. 2020 - 01
A RESOLUTION OF THE CITY OF MONTROSE, COLORADO, GRANTING A FRANCHISE TO BLACK HILLS COLORADO GAS, INC. ON THE APRIL 2020 GENERAL MUNICIPAL ELECTION WHEREAS, the City of Montrose (the “City”) is a Colorado home rule City organized pursuant to Article XX of the Colorado Constitution and under the City of Montrose Home Rule Charter; and WHEREAS, Article IV of the City Charter vests the City with the authority to grant any franchise relating to any street, alley, public place or property of the City for the provision of utility services not otherwise provided; and WHEREAS, Black Hills Colorado Gas Inc. d/b/a Black Hills Energy (“Black Hills Energy”) (f/k/a SourceGas Distribution LLC), is a Delaware limited liability company lawfully engaged in business in the State of Colorado; and WHEREAS, Black Hills Energy is a provider of natural gas and related products for domestic, commercial, and industrial use; and WHEREAS, the City Council finds and believes that it is in the best interest of the City and the inhabitants hereof to grant a limited, non-exclusive utility franchise to Black Hills Energy for the provision of domestic gas and industrial gas. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTROSE, COLORADO THAT: ARTICLE 1 FRANCHISE GRANTED
The City of Montrose, Colorado (hereinafter referred to as “Grantor”), hereby grants a non- exclusive franchise to Black Hills Colorado Gas, Inc., d/b/a Black Hills Energy, (hereinafter called “Grantee”), its lessees, successors and assigns. Grantee is hereby granted the right, privilege, franchise, permission and authority to lay, construct, install, maintain, operate and extend in, along, over or across the present and future streets, alleys, avenues, bridges, public rights-of-way and public easements as are now within the present or future limits of said Grantor, a natural gas distribution system and all facilities necessary for the purpose of supplying natural gas or processed gas and other operations connected therewith or incident thereto for all purposes to the inhabitants of said Grantor and consumers in the vicinity thereof, and for the distribution of natural gas from or through said Grantor to points beyond the limits thereof. Such facilities shall include, but not be limited to, all mains, services, pipes conduits and all other apparatus and appliances necessary or convenient for transporting, distributing and supplying natural gas for all purposes for which it may be used, and to do all other things necessary and proper in providing natural gas service to the inhabitants of Grantor and in carrying on such business.
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ARTICLE 2 TERM
This franchise shall take effect on the first day of the month following the date this Ordinance is finally approved by the Colorado Public Utilities Commission (the “Effective Date”), at which time Grantee will begin to collect the franchise fee set forth herein, and this franchise shall remain in effect for a period of twenty (20) years from the Effective Date of this Ordinance.
ARTICLE 3 FRANCHISE FEES OR TAXES
In exchange for the franchise granted herein, Grantee shall collect from all customers, but not from the City of Montrose, located within the corporate limits of Grantor and pay to Grantor an amount equal to $0.0426 per therm of gas delivered within the present or future limits of Grantor. The amount paid by Grantee shall be in lieu of, and Grantee shall be exempt from, all other fees, charges, taxes or assessments which the Grantor may impose for the privilege of doing business within the present or future corporate limits of Grantor, including, without limitation, excise taxes, occupation taxes, licensing fees, or right-of-way permit fees, and in the event the Grantor imposes any such fee, charge, tax or assessment, the payment to be made by Grantee in accordance with this section shall be reduced in an amount equal to any such fee, charge, tax or assessment imposed upon the Grantee. Ad valorem property taxes imposed generally upon all real and personal property within the present or future corporate limits of Grantor shall not be deemed to affect Grantee's obligations under this section.
Grantee shall list the franchise fee collected from customers as a separate item on bills for utility service issued to its customers. If at any time the Colorado Public Utilities Commission or other authority having proper jurisdiction prohibits such recovery, then Grantee will no longer be obligated to collect and pay the franchise fee. Any customer refunds ordered by the Commission or other authority due to an unlawful or prohibited collection of the franchise fee collected by Grantee and remitted to Grantor shall be refunded by Grantor.
Within ten (10) days of the date of this ordinance, Grantor shall provide Grantee with a map of its corporate limits (the "Map"). The Map shall be of sufficient detail to assist Grantee in determining whether their customers reside within Grantor's corporate limits. The Map along with Grantee's Geographic Information System ("GIS") mapping information shall serve as the basis for determining Grantee's obligation hereunder to collect and pay the franchise fee from customers; provided, however, that if the Grantor's corporate limits are changed by annexation or otherwise, it shall be the Grantor's sole responsibility to (a) update the Map so that the changes are included therein, and (b) provide the updated Map to the Grantee.
Grantee's obligation to collect and pay the franchise fee from customers within an annexed area shall not commence until the later: (a) of sixty (60) days after Grantee's receipt from the Grantor of an updated Map including the annexed area, or (b) after Grantee's receipt from the Grantor of
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an updated Map including the annexed area as is reasonably necessary for Grantee to identify the customers in the annexed area obligated to pay the franchise fee; provided, further that neither party shall have the obligation to correct a mistake, including but not limited to collection of the fee by Grantee from its customers or remittance of that fee by Grantee to Grantor, that is discovered more than one (1) year after the occurrence thereof. Grantee shall not be liable for paying franchise from or to any customer originally or subsequently identified, or incorrectly identified, by Grantor or by Grantee, as being subject to the franchise fee or being subject to a different level of franchise fees or being exempt from the imposition of franchise fees.
Grantor shall have access to and the right to examine, during normal business hours, such of Grantee's books, receipts, files, records and documents as is necessary to verify the accuracy of payments due hereunder. If it is determined that a mistake was made in the payment of any franchise fee required hereunder, the mistake shall be corrected promptly upon discovery such that any under-payment by Grantee shall be paid within thirty (30) days of recalculation of the amount due, and any over-payment by Grantee shall be deducted from the next payment of such franchise fee due by Grantee to Grantor.
Five (5) years from the date of enactment of this Ordinance, and every five years thereafter until the end of the term as defined herein, Grantor may review the per therm rate payable to Grantor pursuant to this Ordinance. Grantor shall notify Grantee in writing, no later than one hundred and eighty (180) days before each five (5) year anniversary of the Effective Date if it desires to amend the per therm rate collected from Grantee’s customers and payable to Grantor.
ARTICLE 4 GOVERNING RULES AND REGULATIONS
The franchise granted hereunder is subject to all conditions, limitations and immunities now provided for, or as hereafter amended, and applicable to the operations of a public utility, by state or federal law. The rates to be charged by Grantee for service within the present or future corporate limits of Grantor and the rules and regulations regarding the character, quality and standards of service to be furnished by Grantee, shall be under the jurisdiction and control of such regulatory body or bodies as may, from time to time, be vested by law with authority and jurisdiction over the rates, regulations and quality and standards of service to be supplied by Grantee. Provided however, should any judicial, regulatory or legislative body having proper jurisdiction take any action that precludes Grantee from recovering from its customers any cost associated with services provided hereunder, then Grantee and Grantor shall renegotiate the terms of this Ordinance in accordance with the action taken. In determining the rights and duties of the Grantee, the terms of this Ordinance shall take precedence over any conflicting terms or requirements contained in any other ordinance enacted by the Grantor.
ARTICLE 5 PROVISION FOR INADEQUATE ENERGY SUPPLIES
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If an energy supplier is unable to furnish an adequate supply of energy due to an emergency, an order or decision of a public regulatory body, or other acts beyond the control of the Grantee, then the Grantee shall have the right and authority to adopt reasonable rules and regulations limiting, curtailing or allocating extensions of service or supply of energy to any customers or prospective customers, and withholding the supply of energy to new customers, provided that such rules and regulations shall be uniform as applied to each class of customers or prospective customers, and shall be non-discriminatory as between communities receiving service from the Grantee.
ARTICLE 6 GENERAL CONDITIONS
The Grantee is further granted the right, privilege, and authority to excavate in, occupy, and use any and all streets, alleys, viaducts, bridges, roads, lanes, and other public ways and places under the supervision of the properly constituted authority for the purpose of bringing gas into, within and through the City, and supplying gas to said City and the inhabitants thereof and in the territory adjacent thereto, provided however, that the Grantee shall so locate its plants, works, transmission and distribution structures, equipment, mains, and pipes within the City in a manner to meet with the approval of the City and further in locating said facilities shall do so in such manner as to cause minimum interference with the proper use of streets, alleys, and other public ways and places and to cause minimum interference with the rights or reasonable convenience of property owners whose property adjoins any of the said streets, alleys, or other public ways and places. Should it become necessary for the Grantee, in exercising its rights and performing its duties hereunder, to interfere with any sidewalk, graveled or paved streets, roads or alleys, or any other public or private improvement, the Grantee shall repair at its own expense in a workmanlike manner subject to the approval by the City and in accordance with the provisions of the City of Montrose Municipal Code, such sidewalk, graveled or paved street, road, alley, or other improvement after the installation of its pipes or other structures. The Grantee shall use due care not to interfere with or damage any water mains, sewers, or other structures now in place or which may hereafter be placed in said streets, alleys, or other public places, and said Grantee shall, at its own expense, repair in a workmanlike manner subject to the approval of the City and in accordance with the provisions of the City Code, any such water mains, sewers, or other structures which are damaged through the action of Grantee, provided, however, that the City may make such repairs and charge the reasonable cost thereof to the Grantee.
ARTICLE 7 EXTENSION OF GRANTEE’S FACILITIES
Upon receipt and acceptance of a valid application for service, Grantee shall, subject to its own economic feasibility criteria as approved by the Colorado Public Utilities Commission, make reasonable extensions of its distribution facilities to serve customers located within the current or future corporate limits of Grantor.
ARTICLE 8 RELOCATION OF GRANTEE’S FACILITIES
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If Grantor elects to change the grade of or otherwise alter any street, alley, avenue, bridge, public right-of-way or public place for a public purpose, unless otherwise reimbursed by federal, state, or local legislative act or governmental agency, Grantee, upon reasonable notice from Grantor, shall remove and relocate its facilities or equipment situated in the public rights-of-way, at the cost and expense of Grantee, if such removal is necessary to prevent interference.
If Grantor orders or requests Grantee to relocate its facilities or equipment for the primary benefit of a commercial or private project, or as a result of the initial request of a commercial or private developer or other non-public entity, and such removal is necessary to prevent interference, then Grantee shall receive payment for the cost of such relocation as a precondition to relocating its facilities or equipment.
Grantor shall consider reasonable alternatives in designing its public works projects and exercising its authority under this section so as not to arbitrarily cause Grantee unreasonable additional expense. If alternative public right-of-way space is available, Grantor shall also provide a reasonable alternative location for Grantee’s facilities. Grantor shall give Grantee written notice of an order or request to vacate a public right-of-way; provided, however, that its receipt of such notice shall not deprive Grantee of its right to operate and maintain its existing facilities in such public right-of-way until it, (a) if applicable, receives the reasonable cost of relocating the same, and (b) obtains a reasonable public right-of-way, dedicated utility easement or private easement alternative location for such facilities.
ARTICLE 9 CONFIDENTIAL INFORMATION
Grantor acknowledges that certain information it might request from Grantee pursuant to this Ordinance may be of a proprietary and confidential nature, and that such requests may be subject to the Homeland Security Act or other confidentiality protections under state or federal law. If Grantee requests that any information provided by Grantee to Grantor be kept confidential due to its proprietary or commercial value, Grantor and its employees, agents and representatives shall maintain the confidentiality of such information, to the extent allowed by law. If Grantor is requested or required by legal or administrative process to disclose any such proprietary or confidential information, Grantor shall promptly notify Grantee of such request or requirement so that Grantee may seek an appropriate protective order or other relief.
ARTICLE 10 FORCE MAJEURE
It shall not be a breach or default under this Ordinance if either party fails to perform its obligations hereunder due to force majeure. Force majeure shall include, but not be limited to, the following: 1) physical events such as acts of God, landslides, lightning, earthquakes, fires, freezing, storms, floods, washouts, explosions, breakage or accident or necessity of repairs to machinery, equipment or distribution or transmission lines; 2) acts of others such as strikes, work-force stoppages, riots,
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sabotage, insurrections or wars; 3) governmental actions such as necessity for compliance with any court order, law statute, ordinance executive order, or regulation promulgated by a governmental authority having jurisdiction; and 4) any other causes, whether of the kind herein enumerated or otherwise not reasonably within the control of the affected party to prevent or overcome. Each party shall make reasonable efforts to avoid force majeure and to resolve such event as promptly as reasonably possible once it occurs in order to resume performance of its obligations hereunder; provided, however, that this provision shall not obligate a party to settle any labor strike.
ARTICLE 11 INDEMNIFICATION AND HOLD HARMLESS
(A) General Indemnification. The Grantee agrees to indemnify, save and hold harmless, and defend the City, its officers, elected or appointed officials, employees, agents, boards, and other employees from any action or claim for injury, damage, loss, liability, cost, or expense, including court and appeal costs and attorneys' and expert witness fees and expenses, arising from any casualty, accident, injury, or loss to Person or property, including, without limitation, copyright infringement and defamation, and all other damages in any way arising out of, or by reason of, any construction, excavation, operation, maintenance, reconstruction of the natural gas delivery systems, or any act done under or in connection with this Ordinance by or for the Grantee its agents or its employees by reason of any negligence or other fault of the Grantee; provided, however, that Grantee need not save Grantor harmless from claims, demands, losses and expenses arising out of the negligence of Grantor, its employees or agents.
(B) Insurance. The Grantee shall hold the City harmless from all liability or damage and all reasonable expenses necessarily accruing against the City arising out of the negligent exercise by the Grantee of the rights and privileges hereby granted; and for this purpose the Grantee shall maintain self-insurance or other public liability insurance in an amount not less than $1,000,000, and upon request shall furnish a certificate of insurance or other information self-insurance certificate to the City so showing, provided however, that the Grantee shall have had notice of the pendency of any action against the City arising out of such negligent exercise by the Grantee of said rights and privileges and be permitted at its own expense to appear and defend, or assist in the defense of the same. The obligation of this Article 11 shall not extend to any liability or damage and all reasonable expenses accruing against the Grantee arising out of the negligence, recklessness, or specific intent of the City, its officers, employees, agents, representatives, or contractors.
(C) Bonds or Other Surety. Except as expressly provided herein, the Grantee shall not be required to obtain or maintain bonds or other surety as a condition of being awarded the franchise or continuing its existence. The City acknowledges that the legal, financial, and technical qualifications of the Grantee are currently sufficient to afford compliance with the terms of the franchise and the enforcement thereof. The Grantee and the City recognize that the costs associated with bonds and other
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surety may ultimately be borne by the subscribers in the form of increased rates for natural gas delivery systems. In order to minimize such costs, the City agrees to require bonds and other surety only in such amounts and during such times as there is a reasonably demonstrated need therefore. Initially, no bond or other surety will be required. In the event that one is required in the future, the City agrees to give the Grantee at least sixty (60) days prior written notice thereof stating the reason for the requirement. Such reason must demonstrate a change in technical, legal or financial qualifications which would materially prohibit or impair Grantee's ability to comply with the terms of the franchise or afford compliance therewith, or may be based upon the Grantee's demonstrated failure to comply with the terms of this franchise in a timely manner.
ARTICLE 12 SUCCESSORS AND ASSIGNS
All rights, privileges and authority granted to Grantee hereunder shall inure to the benefit of Grantee’s lessees, successors and assigns, subject to the terms, provisions and conditions herein contained, and all obligations imposed upon Grantee hereunder shall be binding upon Grantee’s lessees, successors and assigns.
ARTICLE 13 NO THIRD PARTY BENEFICIARIES
This Ordinance constitutes a franchise agreement between the Grantor and Grantee. No provision of this Ordinance shall inure to the benefit of any third person, including the public at large, so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action for any person not a party hereto.
ARTICLE 14 SEVERABILITY
If any clause, sentence or section of this Ordinance is deemed invalid by any judicial, regulatory or legislative body having proper jurisdiction, the remaining provisions shall not be affected.
ARTICLE 15 NON WAIVER
Any waiver of any obligation or default under this Ordinance shall not be construed as a waiver of any future defaults, whether of like or different character.
ARTICLE 16 REPEAL CONFLICTING ORDINANCES
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This Ordinance, when accepted by Grantee as provided below, shall constitute the entire agreement between the Grantor and the Grantee relating to the franchise granted by Grantor hereunder, and the same shall supersede all prior ordinances relating thereto, and any terms and conditions of such prior ordinances or parts of ordinances in conflict herewith are hereby repealed. People’s Ordinance No. 1999-1 of the City of Montrose, Colorado, is hereby repealed as of the Effective Date hereof.
ARTICLE 17 EFFECT AND INTERPRETATION OF ORDINANCE
The captions that precede each section of this Ordinance are for convenience and/or reference only and shall not be taken into consideration in the interpretation of any of the provisions of this Ordinance.
ARTICLE 18 ACCEPTANCE
Upon final passage and approval of this Ordinance by Grantor, in accordance with applicable laws and regulations, Grantee shall file its acceptance by written instrument, within sixty (60) days of passage by the City Council, with the Clerk of the City of Montrose, Colorado. The Clerk of the City of Montrose, Colorado shall sign and affix the community seal to acknowledge receipt of such acceptance, and return one copy to Grantee. If Grantee does not, within sixty (60) days following passage of this Ordinance, either express in writing its objections to any terms or provisions contained herein, or reject this Ordinance in its entirety, Grantee shall be deemed to have accepted this Ordinance and all of its terms and conditions.
[ ] FOR THE MEASURE AND GRANTING FRANCHISE
[ ] AGAINST THE MEASURE AND GRANTING FRANCHISE
BE IT FURTHER RESOLVED that said election shall be a general municipal election with the City Clerk administering the mail ballot election. BE IT FURTHER RESOLVED that this Resolution shall serve to set the ballot title content of the GRANTING A FRANCHISE TO BLACK HILLS COLORADO GAS, INC. as part of the ballot title. Any petition to contest the form or content of the ballot title may be filed with the City Clerk within five (5) days after the title of the ballot issue is set by the City Council. It shall be promptly resolved by the City Council, following notice and hearing.
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BE IT FURTHER RESOLVED that the City Clerk and City Manager are hereby authorized and directed to take all necessary and appropriate action with respect to the submission of Referred Measure “GRANTING A FRANCHISE TO BLACK HILLS COLORADO GAS, INC” to the electors and the holding of the general municipal election of April 7, 2020.
ADOPTED this 4th day of February, 2020, by the Montrose City Council.
CITY OF MONTROSE, COLORADO
______Dave Bowman, Mayor ATTEST:
______Lisa DelPiccolo, City Clerk
139 SHALL AN ORDINANCE GRANTING A NON-EXCLUSIVE FRANCHISE BY THE CITY OF MONTROSE, COLORADO TO BLACK HILLS COLORADO GAS, INC., ITS SUCCESSORS AND ASSIGNS, TO LAY, CONSTRUCT, INSTALL, MAINTAIN, OPERATE AND EXTEND IN, ALONG, OVER OR ACROSS THE PRESENT AND FUTURE STREETS, ALLEYS, AVENUES, BRIDGES, PUBLIC RIGHTS-OF-WAY AND PUBLIC EASEMENTS AS ARE NOW WITHIN THE PRESENT OR FUTURE LIMITS OF SAID GRANTOR, A NATURAL GAS DISTRIBUTION SYSTEM AND ALL FACILITIES NECESSARY FOR THE PURPOSE OF SUPPLYING NATURAL GAS OR PROCESSED GAS AND OTHER OPERATIONS CONNECTED THEREWITH OR INCIDENT THERETO FOR ALL PURPOSES TO THE INHABITANTS OF SAID GRANTOR AND CONSUMERS IN THE VICINITY THEREOF, AND FOR THE DISTRIBUTION OF NATURAL GAS FROM OR THROUGH SAID GRANTOR TO POINTS BEYOND THE LIMITS THEREOF?
[ ] FOR THE MEASURE AND GRANTING FRANCHISE
[ ] AGAINST THE MEASURE AND GRANTING FRANCHISE
140
RESOLUTION NO. 2020-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTROSE, COLORADO, AUTHORIZING THE FILING OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION IN ORDER TO FUND ECONOMIC DEVELOPMENT OPPORTUNITIES FOR PERSONS OF LOW AND MODERATE INCOMES WITHIN THE CITY OF MONTROSE, COLORADO.
WHEREAS, the City of Montrose, Colorado, desires to apply for grant funding in order to provide sub-grant funding to Black Canyon Boys and Girls Club, a Colorado Nonprofit Corporation, which provides character and career-building skills to youth, and meets the 51% low- to-moderate income eligibility requirements to apply for a Community Development Block Grant (“CDBG”); and
WHEREAS, Black Canyon Boys and Girls Club has purchased property on East Niagara Road in Montrose, Colorado and has raised more than $730,000 to build a new facility to continue to serve children within the Montrose community and surrounding region; and
WHEREAS, the City of Montrose requests a Community Development Block Grant, administered by the Colorado Department of Local Affairs (“DOLA”), in an amount up to $600,000 for the aforementioned community development project; and
WHEREAS, the City of Montrose and Black Canyon Boys and Girls Club shall enter into an agreement for the provision of CBDG funding to assist with construction costs of the project; and
WHEREAS, the City of Montrose shall submit a grant application to DOLA to assist with construction costs of the aforementioned project.
NOW THEREFORE, be it resolved by the City Council of the City of Montrose, Colorado as follows:
Section 1: If the grant is awarded, the City Council hereby authorizes the City Manager to execute the grant contract with DOLA, and City Staff to act in connection with the CDBG grant application, follow CDBG regulations, and DOLA requirements, and to provide such additional information as may be required by DOLA.
RESOLVED AND ADOPTED this 4th day of February, 2020, by the City Council of the City of Montrose.
141
CITY OF MONTROSE, COLORADO
Dave Bowman, Mayor ATTEST:
Lisa DelPiccolo, City Clerk
142
CITY OF MONTROSE MEMO
DATE: January 8, 2020 TO: Montrose City Council CC: City Manager’s Office, City Attorney’s Office FROM: Kendall Cramer, Grant Coordinator
RE: 2020 Intergovernmental Agreement Between City of Montrose and Montrose Recreation District Regarding Shared Services
Please find the above-referenced agreement for your consideration. Each year the staff of each organization review the agreement and recommend changes that help to further refine the agreement to meet the changing needs of both organizations and the public.
I have provided a redline comparison between the 2019 and 2020 agreement to better demonstrate the changes between the previous agreement and this year’s agreement.
This agreement comes before the City Council and the District each year for approval. Due to staff changes and responsibilities at both the City and District, consideration of the refined agreement is subject to the following schedule:
January 20, 2020 - City Council Work Session Consideration
January 23, 2020 - District Board Meeting Consideration
February 4, 2020 - City Council Final Consideration
There are no major changes to this year’s agreement. Minor changes include the following:
● Removal of herbicide application for non-irrigated turf areas at District properties. This service is no longer requested by District. ● Clarification on parking lot sweeping services provided to District. ● Specialized equipment and hourly billing rates have been listed in Schedule A. ● Clarification on the responsibility of human resources and insurance coverage issues pertaining to District and City employees when working on District and City property.
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● The City shall bear all expenses related to the provision of facilities services by District for the benefit of the City. ● Removal of City responsibility to perform Cerise Fields scheduling. District has traditionally been responsible for scheduling. ● Clarification on schedule for restroom cleaning at Cerise Fields. ● City will let District know when an employee is terminated or hired. New employees will be able to join the Community Recreation Center at the City’s annual pass rate. ● Clarification on District Employee and Board Access to the Black Canyon Golf Course 15% discount. ● Updated credit amounts for city trash/recycling services and administration of sales tax revenues. ● The automatic contract renewal language was removed. ● The City may provide cloud-based backup storage to the District. ● The City may provide virus checking and protection on all District computers attached to the City network. ● The City will prepare a monthly report and provide a statement of repairs, parts, labor, and supplies to the District for each work order by the 14th of the following month. ● Schedule A was updated to reflect current hourly billing rates. Hourly rates are based on the position’s hourly burden rate with a 3% overhead. Rates are established following City Council approval of the annual budget.
Recommendation: Staff recommends approval of the 2020 IGA between the City and the Montrose Recreation District.
144 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MONTROSE AND THE MONTROSE RECREATION DISTRICT REGARDING SHARED SERVICES
THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is dated ______, 2020, between the City of Montrose, (the “City”) a Colorado home rule municipal corporation, whose address is 433 South First Street, P.O. Box 790, Montrose Colorado 81402, and the Montrose Recreation District, (the “District”) a Colorado special district, whose address is 16350 Woodgate Road, Montrose, Colorado 81401; the above-named entities may sometimes be collectively referred to herein as the “Parties” and individually as a “Party.” The effective date of this Agreement shall be January 1, 2020 (the “Effective Date”).
WHEREAS, the City, and the District have collaborated in the past to provide a variety of recreational needs serving a diverse population; and
WHEREAS, it is the directive of the governing bodies of the Parties to provide the best services at the lowest possible cost; and
WHEREAS, the Parties shall implement shared services as specified in this Agreement whereby City agencies shall support the District in exchange for payment; and
NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the Parties hereto agree as follows:
PART I: SPECIFIC TERMS.
1. FINANCE
a) The City’s finance department shall work with District staff and board in budget preparation and reporting (including general, capital, reserve, conservation trust, capital improvement and sales tax funds), and mill certification. Monthly budget reports will be provided by the City to the District so that the District has up-to-date knowledge of the state of its finances. The District will handle revenue receipts, provide accounts payable and payroll services in-house. The District shall provide cash receipt, accounts payable and payroll summary data to the City in a format approved by the City on a monthly basis. The District shall bear all expense related to District finances and accounting. A detailed description of the processes for all finance functions is set forth on Exhibit “C”, which is attached hereto and incorporated herein.
b) As defined on Exhibit C, the District shall continue to provide day to day accounting and timekeeping functions, including point of sale and deposits, in-house (the “Daily Functions”). The District shall provide reports of the Daily Functions to the City in such a format that allows the City to import journal entry data into the City’s financial software.
145 c) In an effort to obtain a discounted rate for the statutorily required auditing services, the Parties shall explore the possibility of contracting jointly for such services. The Parties shall each have proportionate liability for the costs of said auditing services.
d) The City shall provide administration service to the District for the Recreation Facility Election Intergovernmental Agreement. The agreement specifies the transfer and use of the voter approved sales tax proceeds generated from a 0.3% sales tax increase approved by voters on April 1st, 2014. The District shall credit the City as specified in this Part I (7) (E).
2. LEGAL
a) The City Attorney represents the City. The City Attorney may provide general legal services to the District as time and the specific need arises. The Council or the City Attorney may determine on a case-by-case basis that the District shall obtain separate legal advice and/or representation.
b) The District shall bear all expense related to the provision of general legal services by the City Attorney for the benefit of the District.
c) The City Council may terminate the provision of the City Attorney's services to the District at any time in general or for specific matters.
d) Nothing in this provision interferes with the District’s right to hire counsel of their own choosing.
3. FACILITY SERVICES
a) The City shall provide sweeping services for parking lot areas as depicted in Exhibit “A” and at the Community Recreation Center, following prioritized maintenance schedules identified in the City Sweeping Plan. All sweeping shall be requested by the District and scheduled with the City. Advanced notice of one week shall be required by the City.
b) The City may provide general support to the District as needed on projects in which the City has specialized equipment. Equipment and labor rates are provided in Schedule “A”.
c) The City’s personnel policies and insurance coverage shall apply to any City employees working on District property and the District shall not be responsible for any human resource issue or insurance coverage issue pertaining to these City employees.
d) MRD’s personnel policies and insurance coverage shall apply to any MRD employees working on City property and the City shall not be responsible for any human resource issue or insurance coverage issue pertaining to these MRD employees.
146 e) The District shall bear all expense related to the provision of facilities services by the City for the benefit of the District.
f) The City shall bear all expense related to the provision of facilities services by MRD for the benefit of the City.
4. CERISE FIELDS
a) DESCRIPTION i) For the purposes of this Agreement, Cerise Fields shall mean a ten (10) acre, multi-purpose area and a two (2) acre soccer field and related facilities on site, including irrigation systems, storage building and natural surface trails, a description of which is contained in Exhibit “A”.
b) ACCESS
i) The City shall grant public access to the Cerise Fields for as long as the City, or its assigns, leases or owns the land encompassing Cerise Fields.
ii) The City hereby grants to the District the right to use the Cerise Fields in accordance with the terms of this Agreement. This right to use is for the purpose of allowing the District, its agents and contractors, access to Cerise Fields for the purpose of conducting the day to day programs and activities of the District.
iii) During the term of this Agreement, master scheduling for the use of the Cerise Fields shall occur annually, not later than March 31st of each year, at a meeting called by the District (the “Master Scheduling Meeting”). The District shall provide a layout of the proposed field locations for each sports season at the Master Scheduling Meeting. Except as otherwise provided herein, the District shall have priority in scheduling events at the Master Scheduling Meeting. The City shall have priority in scheduling events thereafter, with the District having secondary scheduling priority after both the City and the District have scheduled their initial events. Further, it is mutually agreed that the City and the District shall work cooperatively to schedule any special events that become known after the Master Scheduling Meeting has taken place. City Park Use Fees will be exempted for all District activities scheduled. Notwithstanding the foregoing, the following holiday weekends, Memorial Day, July 4th and Labor Day, shall be scheduled by the City for special community events.
c) MAINTENANCE
The District shall maintain the Cerise Fields (said maintenance to include all turf maintenance, weekday restroom cleaning and ancillary equipment required for District programs) during the growing season, and during any times that the District is sponsoring programs at the Cerise Fields. The City shall be responsible for weekend restroom cleaning. The restroom at Cerise Fields will be closed and winterized no
147 earlier than October 15th each year and reopened for use no later than April 15th each year to protect it from freezing. The District shall be responsible for arranging for temporary toilet facilities if needed during periods when the restroom is closed. Notwithstanding the foregoing, the City shall be responsible for communicating to the District and supplying temporary toilet facilities if restrooms are closed for any reason later than April 15th or prior to October 15th.
i) The City shall maintain Cerise Fields after the District has ceased using the Cerise Fields for programs, and during the non-growing season; the “non-growing season” is contemplated to begin on November 1 of each year, and conclude on March 1 of each following year.
ii) Maintenance shall be performed in accordance with the specifications set forth in Exhibit “B”. Maintenance shall be done in accordance with National Recreation and Park Association standards.
iii) The District shall be responsible for any “start-up”, winterization and draining of the irrigation system serving the Cerise Fields.
b) USE OF THE CERISE FIELDS
i) Use of the multi-purpose field shall be limited to sporting practices and games; all goals and other equipment shall be portable, and shall be supplied either by the user, or by the District and shall be removed after each sports season. Temporary painted stripes may be placed on the multi-purpose field. The District shall be responsible for removing portable equipment at the City’s request for other scheduled activities. All portable equipment shall be securely attached to the ground for the purpose of assuring public safety. The District shall assure at all times a minimum of two (2) acres of the multi-purpose field shall be available to the public for use and not scheduled for practice or game use.
ii) Games and international soccer league activities shall be limited to the two-acre field and the 10 acre field, as described on Exhibit “A”.
5. INFORMATION SERVICES
a) The City Information Services Department shall provide technical support to the District staff and board to assure the smooth operation of the District information services systems in accordance with the standards set forth in Exhibit “D” which is attached hereto and incorporated herein.
b) District shall ensure City staff are provided with orientation and training by the audiovisual equipment installers or manufacturers for routine support and maintenance of all installed products. District shall provide a copy of operations and maintenance manuals and as-built diagram for all District audiovisual equipment which the City will be maintaining.
148 c) District shall include City staff in future planning and upgrades of audiovisual equipment prior to ordering and installation.
d) The District shall bear all expense related to District information services systems.
6. FLEET MANAGEMENT
a) The City Fleet Department shall provide fleet management support for District owned vehicles. The City shall be responsible for fleet management in accordance with the standards set forth in Exhibit “E”, which is attached hereto and incorporated herein.
b) The District shall bear all expense related to maintaining the District fleet.
7. FACILITY ACCESS FOR EMPLOYEES
a) City Employee and Council Access to the Community Recreation Center. The District shall waive the Tier 3 Corporate Membership fee for the City. The District shall offer the Participant Membership Fees (equivalent to a 15% discount) to City employees and Council for the family and adult annual pass at the effective rate at time of purchase. This discount does not apply to youth, senior or any other pass products. b) The City shall notify the District when employees are terminated and/or when new hires are made on a monthly basis. MRD will remove annual pass privileges for terminated City employees and activate new employee annual pass privileges effective the first of the month following 30 days of employment or termination. Balances for terminated and/or new employees shall be mutually resolved at the end of the current calendar year. c) District Employee and Board Access to the Black Canyon Golf Course. The City shall offer a 15% discount to District employees and board members on the regularly priced individual and/or couples annual golf, range, and cart passes. A valid District pay stub must be presented at time of purchase. d) The City shall provide trash and recycling services to the District for both the Field House and Community Recreation Center locations at no cost (an annual value of $6,886.44 USD value as noted in Schedule A). The District shall provide the City with credit, (equivalent to an annual value of $6,886.44 USD value) which will be used towards the annual pass payment for City Employees and Council. e) The City shall provide administration of sales tax revenues from the City to the District at no cost (an annual value of $2,723.85 USD value). The District shall provide the City with credit, (equivalent to an annual value of $2,723.85 USD value) which will be used towards the annual pass payment for City Employees and Council.
PART II: TERM. The initial term of this Agreement shall commence on the Effective Date and shall continue in effect through December 31, 2020 unless otherwise terminated in accordance with the provisions of Part XIII of this Agreement.
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PART III: PAYMENT. The District shall provide a payment in cash or its equivalent as set forth in Schedule A. In the event that the actual labor hours for a specific task indicated in Schedule A differ from those shown, the actual hours at the associated rate indicated on Schedule A will be paid by the District to the City.
PART IV: COMMUNICATIONS. The Parties shall designate authorized representatives and all communications related to the performance of duties defined in this Agreement shall be conducted solely between the representatives so designated. Additionally, the key City staff involved in providing the shared services described in this Agreement shall report as needed to the District’s Board of Directors.
PART V: ASSIGNMENTS.
a) No Assignments. Neither Party may assign any of its rights, duties or obligations arising under this Agreement without the prior written consent of the other Party.
b) Ramifications of Purported Assignment. Any purported assignment of the rights, duties or obligations of either Party without the express written consent of the other Party shall be void.
PART VI: CHOICE OF LAW. The laws of the State of Colorado (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance and enforcement.
PART VII: INDEMNIFICATION (DISTRICT TO CITY). The District, to extent allowed under Colorado Constitution Article X, Section 20, and any other law, shall indemnify and defend the City at all times as of the Effective Date of this Agreement against:
a) any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee, and penalty or other charge, other than any Litigation Expenses (as defined in subsection (b)), arising out of or relating to the activities of the District set forth herein; and
b) any court filing fee, court cost, arbitration fee or cost, witness fee, and each other fee and cost of investigating and defending or asserting any claim for indemnification under this Agreement, including, without limitation, in each case, attorneys’ fees, other professionals’ fees, and disbursements (collectively, “Litigation Expenses”).
PART VIII: INDEMNIFICATION (CITY TO DISTRICT). The City, to the extent allowed under Colorado Constitution Article X, Section 20, and any other law, shall indemnify and defend the District at all times as of the Effective Date of this Agreement against:
150 a) any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee, and penalty or other charge, other than any Litigation Expenses (as defined in subsection (b)), arising out of or relating to the activities of the City set forth herein; and
b) any court filing fee, court cost, arbitration fee or cost, witness fee, and each other fee and cost of investigating and defending or asserting any claim for indemnification under this Agreement, including, without limitation, in each case, attorneys’ fees, other professionals’ fees, and disbursements (collectively, “Litigation Expenses”).
A. PART IX: NOTICES.
a) Requirement of a Writing. Permitted Methods of Delivery. Each Party giving or making any notice, request, demand or other communication (each, a “Notice”) pursuant to this Agreement shall give the Notice in writing and use one of the following methods of delivery, each of which for purposes of this Agreement is a writing: personal delivery, Registered or Certified Mail (in each case, return receipt requested and postage prepaid), nationally recognized overnight courier, (with all fees prepaid), facsimile or e-mail.
b) Addressees and Addresses. Any Party giving a Notice shall address the Notice to the appropriate person at the receiving Party (the “Addressee”) at the address listed on the first page of this Agreement or to another Addressee or another address as designated by a Party in a Notice pursuant to this section.
c) Effectiveness of a Notice. Except as provided elsewhere in this Agreement, a Notice is effective only if the Party giving the Notice has complied with subsections a) and b) and if the Addressee has received the Notice.
PART X: AMENDMENTS. The Parties may amend this Agreement only by a written agreement of the Parties that identifies itself as an amendment to this Agreement.
PART XI: MERGER. This Agreement constitutes the final agreement between the Parties. It is the complete and exclusive expression of the Parties’ agreement on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement, including but not limited to the Intergovernmental Agreement between the Parties in previous years, are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither Party has relied upon any statement, representation, warranty or agreement of the other Party except for those expressly contained in this Agreement. There are no conditions precedent to the effectiveness of this Agreement other than those expressly stated in this Agreement.
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PART XII: SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to fulfill as closely as possible the original intents and purposes of this Agreement.
PART XIII: TERMINATION. Either Party may terminate this Agreement with advance written notice to the other Party delivered no later than one hundred and eighty (180) days prior to the next renewal date. In the event this written notice is given, the Agreement shall terminate at the end of the current term with no automatic renewal.
PART XIV: ESCALATOR. All costs set forth in Schedule A shall be subject to escalation or de-escalation based on actual increases or decreases in costs incurred by the City. Written documentation of said increases shall be provided by the City to the District as these increases occur.
APPROVED this ______day of ______, 2020.
CITY OF MONTROSE ATTEST:
______Dave Bowman, Mayor Lisa DelPiccolo, City Clerk
MONTROSE RECREATION DISTRICT ATTEST:
______Jason Ullmann, President Mark Plantz, Secretary
152 Exhibit A
153 Exhibit B
FACILITY SERVICES SPECIFICATIONS.
I. Facility Support A. Parking Lots - Sweep parking lots at McNeil Park, Holly Park, and the Field House as shown on Exhibit “A” and the Community Recreation Center in accordance with City Sweeping Plan. The District may request additional sweeping by the City as needed. All sweeping shall be requested by the District and scheduled with the City. Advanced notice of one week shall be required by the City. B. Irrigation System Winterization – District staff may request the use of City compressor equipment to complete irrigation system winterization on District facilities. C. General Support - At the City’s discretion, the City may provide general support as needed on projects in which the City has specialized equipment and expertise, particularly in the public works department. Rates for equipment commonly requested by the District are included in Schedule A. Self-propelled equipment will require a City operator. Support not identified in Schedule A will be billed to the District as appropriate and necessary. D. The City shall provide trash and recycling services to the District for both Field House, Community Recreation Center, Holly Park, and McNeil Park at no cost. The District shall provide the City with credit for the value of the services, as detailed in Schedule A, which will be used towards the annual pass payment for City Employees and Council.
154 Exhibit C
Finance Specifications
I. Cash Receipts, Payroll and Accounts Payable A. The District shall continue to operate its Point of Sale system and make its own deposits. Daily cash receipt data will be summarized by revenue category (as determined by the District) by day into a spreadsheet format approved by the City and provided to the City for import into the City’s general ledger. This includes daily cash receipts and any billing and invoicing distributed by the District. Additionally, the District shall continue to fulfill accounts payable and payroll functions. The District shall prepare and submit a summary accounts payable and payroll spreadsheet in a format, approved by the City, monthly for import into the City’s general ledger.
II. Financial Reports and General Ledger A. The City shall generate monthly budget reports within 10 business days of receipt of properly formatted data documenting the expenses and revenues for the previous month (period actual), YTD actual, Annual Budget, Variance, and percentage of Budget expended. B. The City will also maintain and update a general ledger budget document that captures all District funds, revenues and expenses. City Finance personnel will create worksheets for MRD staff to develop their budget and use these final reports to create a budget in the Caselle database for reporting purposes during the upcoming year.
155 Exhibit D
INFORMATION SERVICES SPECIFICATIONS.
I. Information Services and Audiovisual Systems Support A. The City shall provide to the District a support phone number and/or website for the initiation of information services and audiovisual technical support. B. The City shall prioritize the support request based on the severity of the issue and the current calls already in the work queue. C. During business hours, the City shall provide an acknowledgment of the support request within four hours. The District shall allow the City to remotely connect to the District computers in order to properly respond to the support request. Support requests initiated after normal business hours should indicate if the problem requires immediate attention or can be resolved on the next regular business day. D. Any support request requiring work in excess of four hours will be communicated prior to completing the request. E. Routine maintenance tasks of supported equipment and software shall be initiated and completed by City according to manufacturer recommendations. F. The City may provide cloud-based backup file storage to the District. G. The City may provide virus checking and protection on all District computers attached to the City Network. The District shall be responsible for purchase of required virus protection licensing for each District computer.
II. Telephone System A. Equipment shall be installed in the District in order to provide digital voice over Internet Protocol (VOIP) telephones and voicemail. With the exception of one or more public switched telephone network (PTSN) lines to provide emergency communication and support for alarms, all existing District phone numbers shall be moved to the City demarcation location at City Hall. Telephone calls to District numbers will be routed through the City infrastructure to telephones at District facilities. B. A point-to-point network circuit between the City and District shall be established to provide the VOIP services at District expense. C. The City shall provide internal phone numbers (extensions) to all District VOIP phones as well as voicemail services. D. The City shall support the District in setting up call handling routines. E. The City will notify the District of any planned outages and coordinate best times for planned outages. When the City is contemplating the installation of additional features and/or upgrades to the telephone system that will result in an additional cost, the District shall have the option to participate in the additions/upgrades of said new feature and/or upgrades and shall share in the cost on a pro-rata basis.
156 Exhibit E
FLEET MANAGEMENT SPECIFICATIONS.
I. Fleet Repair Services A. The City shall provide to the District a support phone number for the initiation of fleet repair services. This phone number shall be answered during regular City Shop working hours 7 AM to 5:30 PM Monday through Thursday. B. Repairs to District’s vehicles shall be repaired on a priority basis after City police and sanitation vehicles. This includes the van, bus, and all maintenance equipment. C. City shall prepare a monthly report and provide a statement of repairs, parts, labor, and supplies to District for each work order by the 14th of the following month D. Fleet repairs on District vehicles shall include: i. Brake pad/shoe replacement along with disc/drum replacement, brake cylinder repair/ replacement. Diagnostics of brake systems such as antilock brakes/ traction control. Repairs of all brake hydraulic systems and wheel bearings. ii. Limited axle, transmission, driveshaft, u-joint repairs. iii. Heating and air conditioning repairs. iv. General electrical/ electronic system diagnostic and repair. Battery, starting system, charging system, lighting systems, gauges, warning systems, driver information systems, safety and accessory system repairs. v. Steering and suspension systems. Shocks, ball joints, tie rod ends, springs, replacements. vi. Exhaust/emission system inspection and repairs. vii. General engine diagnostics, fuel, electrical, ignition, cooling, lubrication systems and computerized controls. viii. Transmission maintenance and adjustments. ix. Tire repair and replacement of most common sizes. x. Fabrication/welding of specialized equipment. xi. Repairs of specialized equipment. xii. Tire repair/replacement for maintenance equipment. xiii. Road call service truck available, during normal shop hours. xiv. Welding and fabrication services of accessories or specialized features for the passengers or passenger equipment of steel or plastics. E. Replacement parts shall be as distributed by original equipment manufacturer, NAPA, Carquest or approved equal.
II. Equipment Maintenance A. Perform routine maintenance checks and service (including mechanical repairs, tune-ups, filter and oil changes, greasing, power washing) on District owned maintenance equipment such as Jacobson mowers (2), small riding mower (1), Kubota Tractor (1), other tractor (1), ATV (1), field/parking lot painters (2),
157 Diamond Demon field maintainer (1), golf carts (2), chain saws (1)). The District will occasionally send District equipment back to the manufacturers as needed for deep maintenance. The above quantities and types of District maintenance equipment, van and bus are subject to change and provided for reference only. City shall maintain District owned maintenance equipment and vehicles to the extent possible. Specialized maintenance tasks that are outside the expertise of City staff shall be completed by outside vendors at the District’s expense. This determination shall be made with communication among the designated representatives of the City and the District with the final decision being made by the District. B. All District owned maintenance equipment shall be marked with “MRD”. C. All District owned maintenance equipment shall be transported by the District to and from the City Public Works Shop when maintenance is requested. D. Equipment maintenance records shall be maintained by the City and made available for to the District upon request.
III.Fleet Preventative Maintenance Services A. The City shall provide to the District preventive maintenance services at regularly scheduled intervals based on usage. B. When vehicles are due for service the District will deliver vehicle to City shop at an assigned date and time. C. City shall provide a statement of preventative maintenance service, parts, labor and supplies to District with each work order, at the time of service or when the repair is completed. D. Fleet preventative maintenance services on District vehicles shall include: i. Automotive vehicles 3000 mile service or “A” service includes: Change engine oil and filter check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time .8 hrs. ii. Automotive Vehicles 6000 mile service or “B” service includes: Change engine oil and filter, change fuel filter, check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time 1.6 hours iii. Light truck, heavy truck 4000 mile service or “A” service includes: Change engine oil and filter, lube chassis. Check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time .8 hours. iv. Light truck, heavy truck 8000 mile or “B” service includes: Change engine oil and filter, change fuel filter, lube chassis. Check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time 1.6 hours. v. Light truck, heavy truck and automotive vehicles 36,000 mile service or “C” service includes: Change oil and filter, change fuel filter, change transmission oil, filter and make necessary adjustments, lube chassis. Check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time 3.3 hours. E. Replaceable filters shall be as distributed by NAPA or approved equal.
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IV. Fleet Management Services A. For each District vehicle the City shall maintain service, mileage, parts, fluids and labor costs records in the City’s fleet management system. District records shall be kept under a unique organization and separate from City fleet records. B. Reports from available data shall be provided to the District upon request. Recommended vehicle replacement reporting shall be available as well.
V. Fleet Fueling Services and Fluids A. City shall allow District to fuel vehicles at City fueling station. City shall provide an access card and fueling key for each District vehicle to allow after- hour access to fueling station. District staff will input an employee identification number and current odometer reading prior to fueling vehicle. B. Fluids dispensed by City include: 5W/20 motor oil: API classification GF- 4/SM, Dexron V1 automatic transmission fluid, 80W-90 gear lube, ASTM D6210 50/50 pre-mix anti-freeze, NLG1 GC-LB moly high temp EP (extreme pressure) grease. C. Fuels dispensed by City include: E10 Unleaded Gasoline and #2 Ultra Low Sulfur (Diesel) Fuel. D. City will bill District on a monthly basis for fuel and fluids dispensed for District vehicles.
VI. Excluded Services A. The following services are outside of the scope of capability of the City and must be provided by an outside vendor: i. Transmission overhauls ii. Axle overhauls iii. Structural damage iv. Frame damage v. Glass Repair vi. Upholstery Repair vii. Wrecker service viii. Paint and body repairs ix. Engine overhauls B. At District request and expense, the City may facilitate repairs through an outside vendor.
159 Schedule A
Payment Schedule and Schedule of Costs
City shall receive payment from District on a quarterly basis for all services performed. The total estimated annual cost of the Agreement includes costs from Tables 1, 2, 3, 4 and 5 of Schedule A.
Hours shall be tracked in each shared service and communicated to the District on a quarterly basis with the budget reports to communicate hours available in each area.
Hourly billing rates are based on the position’s burden rate with 3% overhead. Rates are adjusted on an annual basis following approval of the city’s annual budget.
Table 1 – Financial Services Cost Schedule
Estimated Hourly Billing Estimated Task Labor Hours Rate Labor Total Budget & Financial Analysis 120 $76.48 $9,177.60 and Reporting
Table 2 – Legal Services Cost Schedule Hourly Billing Deliverable Rate City Attorney $100.00
Table 3 – Facility Services Cost Schedule
Task Hourly Billing Rate Annual Expense
Management $52.62 Parking Lot Sweeping $32.98 Utility (Cerise Irrigation) 70% of the Actual Cost Charged by DMEA Tractor & Cutter (Equipment #46) $43.17 Brush Chipper (Equipment #242) $8.97 Chevrolet C3500 (Equipment #248) $17.91 Backhoe Loader (Equipment #421) $23.95 Operator for Self-propelled Equipment $35.00
160 Trash & Recycling Monthly Annual Expense (To Services Containers "T" Trash/ "R" Recycling Rate be credited to City) T- 3-350 gal. containers/ R-1-350 gal. Community container, 2-90 gal. containers. M/Thurs. Recreation Center Collection $200.19 $2,402.28 T- 1-350 gal. container. M/Thurs. Holly Park Collection $66.73 $800.76 T-1-350 gal. container and 1-420 gal. McNeil Park container. M/Thurs. Collection $146.80 $1,761.60 T-2-420 gal. containers, R-4-90 gal. Field House container. M/Thurs. Collection $160.15 $1,921.80
Total $6,886.44
Table 4 – Information Services Cost Schedule
Annual Task Hourly Billing Rate Expense Network Design $64.56 Computer Support $42.67 Computer Support – After Hours $64.01 Network/Server Support $56.56 Network/Server Support – After Hours $84.84 Phone System Changes $48.55 Phone System Changes – After Hours $72.83 Internet Service (1 Gbps service provided by City) $6,000 Cloud-based offsite backup date storage ($10/month up to 200 GB Vipre virus scanning managed by City at $3/month per computer (optional) 12 computers Long Distance ($0.05 /minute) est. 1000 minutes $618 Phone System Charges ($4/user/month) 22 phones $1,056
Table 5 – Fleet Management Services Cost Schedule
District Owned Vehicles 2001 Dodge Pickup 2004 Chevrolet Van 2012 Dodge Ram 1500 SLT 2013 Ford Eldorado Aerolite Bus (15 Passenger) 2016 Ford F250 Super Duty F-26 2017 Trailer, VIN 4P5D71420H1258593
161 Hourly Billing Deliverable Rate Expense Fleet Repair Services $95.00 Parts Actual Cost Fleet Preventative Maintenance Services $95.00 Parts Actual Cost Fleet Management Services $95.00 Fleet Fluid and Fueling Cost NA Actual Rack Rate
162 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF MONTROSE AND THE MONTROSE RECREATION DISTRICT REGARDING SHARED SERVICES
THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is dated ______, 2020, __, between the City of Montrose, (the “City”) a Colorado home rule municipal corporation, whose address is 433 South First Street, P.O. Box 790, Montrose Colorado 81402, and the Montrose Recreation District, (the “District”) a Colorado special district, whose address is 16350 Woodgate Road, Montrose, Colorado 81401; the above-named entities may sometimes be collectively referred to herein as the “Parties” and individually as a “Party.” The effective date of this Agreement shall be January 1, 202019 (the “Effective Date”).
WHEREAS, the City, and the District have collaborated in the past to provide a variety of recreational needs serving a diverse population; and
WHEREAS, it is the directive of the governing bodies of the Parties to provide the best services at the lowest possible cost; and
WHEREAS, the Parties shall implement shared services as specified in this Agreement whereby City agencies shall support the District in exchange for payment; and
NOW THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the Parties hereto agree as follows:
PART I: SPECIFIC TERMS.
1. FINANCE
a) The City’s finance department shall work with District staff and board in budget preparation and reporting (including general, capital, reserve, conservation trust, capital improvement and sales tax funds), and mill certification. Monthly budget reports will be provided by the City to the District so that the District has up-to-date knowledge of the state of its finances. The District will handle revenue receipts, provide accounts payable and payroll services in-house. The District shall provide cash receipt, accounts payable and payroll summary data to the City in a format approved by the City on a monthly basis. The District shall bear all expense related to District finances and accounting. A detailed description of the processes for all finance functions is set forth on Exhibit “C”, which is attached hereto and incorporated herein.
b) As defined on Exhibit C, the District shall continue to provide day to day accounting and timekeeping functions, including point of sale and deposits, in-house (the “Daily Functions”). The District shall provide reports of the Daily Functions to the City in such a format that allows the City to import journal entry data into the City’s financial software.
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163 c) In an effort to obtain a discounted rate for the statutorily required auditing services, the Parties shall explore the possibility of contracting jointly for such services. The Parties shall each have proportionate liability for the costs of said auditing services.
d) The City shall provide administration service to the District for the Recreation Facility Election Intergovernmental Agreement. The agreement specifies the transfer and use of the voter approved sales tax proceeds generated from a 0.3% sales tax increase approved by voters on April 1st, 2014. The District shall credit the City as specified in this Part I (7) (ED).
2. LEGAL
a) The City Attorney represents the City. The City Attorney may provide general legal services to the District as time and the specific need arises. The Council or the City Attorney may determine on a case-by-case basis that the District shall obtain separate legal advice and/or representation.
b) The District shall bear all expense related to the provision of general legal services by the City Attorney for the benefit of the District.
c) The City Council may terminate the provision of the City Attorney's services to the District at any time in general or for specific matters.
d) Nothing in this provision interferes with the District’s right to hire counsel of their own choosing.
3. FACILITY SERVICES
a) The City shall provide chemical herbicide application for non-irrigated turf areas as shown on Exhibit “A” which is attached hereto and incorporated herein (the “Facilities”). At the Facilities, the City shall provide sweeping services for parking lot areas as depicted in Exhibit “A” and at the Community Recreation Center, following prioritized maintenance schedules identified in the City Sweeping Plan. All sweeping shall be requested by the District and scheduled with the City. Advanced notice of one week shall be required by the City. Formatted: Font: 12 pt, Condensed by 0.1 pt
a)b) The City may provide general support to the District as needed on projects in which the City has specialized equipment. Equipment and labor rates are provided in Schedule “A”. Formatted: Font: 12 pt, Condensed by 0.1 pt
c) The City’s personnel policies and insurance coverage shall apply to any City employees working on District property and the District shall not be responsible for any human resource issue or insurance coverage issue pertaining to these City Formatted: Pattern: Clear (Background 1) employees.
b)d) MRD’s personnel policies and insurance coverage shall apply to any MRD employees working on City property and the City shall not be responsible for any
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164 human resource issue or insurance coverage issue pertaining to these MRD employees.
e) The District shall bear all expense related to the provision of facilities services by the City for the benefit of the District.
c)f) The City shall bear all expense related to the provision of facilities services by MRD for the benefit of the City.
4. CERISE FIELDS
a) DESCRIPTION i) For the purposes of this Agreement, Cerise Fields shall mean a ten (10) acre, multi-purpose area and a two (2) acre soccer field and related facilities on site, including irrigation systems, storage building and natural surface trails, a description of which is contained in Exhibit “A”.
b) ACCESS
i) The City shall grant public access to the Cerise Fields for as long as the City, or its assigns, leases or owns the land encompassing Cerise Fields.
ii) The City hereby grants to the District the right to use the Cerise Fields in accordance with the terms of this Agreement. This right to use is for the purpose of allowing the District, its agents and contractors, access to Cerise Fields for the purpose of conducting the day to day programs and activities of the District.
iii) The City shall perform all Cerise Fields’ scheduling and related tasks and shall Formatted: Highlight bear all expenses related thereto.
iv)iii) During the term of this Agreement, master scheduling for the use of the Cerise Fields shall occur annually, not later than March 31st of each year, at a meeting called by the District (the “Master Scheduling Meeting”). The District shall provide a layout of the proposed field locations for each sports season at the Master Scheduling Meeting. Except as otherwise provided herein, the District shall have priority in scheduling events at the Master Scheduling Meeting. The City shall have priority in scheduling events thereafter, with the District having secondary scheduling priority after both the City and the District have scheduled their initial events. Further, it is mutually agreed that the City and the District shall work cooperatively to schedule any special events that become known after the Master Scheduling Meeting has taken place. City Park Use Fees will be exempted for all District activities scheduled. Notwithstanding the foregoing, the following holiday weekends, Memorial Day, July 4th and Labor Day, shall be scheduled by the City for special community events.
c) MAINTENANCE
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165 The District shall maintain the Cerise Fields (said maintenance to include all turf maintenance, weekdayend restroom cleaning and ancillary equipment required for District programs) during the growing season, and during any times that the District is sponsoring programs at the Cerise Fields. The City shall be responsible for weekend restroom cleaning. The restroom at Cerise Fields will be closed and winterized no earlier than October 15th each year and reopened for use no later than April 15th each year to protect it from freezing. The District shall be responsible for arranging for temporary toilet facilities if needed during periods when the restroom is closed. Notwithstanding the foregoing, the City shall be responsible for communicating to the District and supplying temporary toilet facilities if restrooms are closed for any reason later than April 15th or prior to October 15th. Formatted: Superscript Formatted: Superscript i) The City shall maintain Cerise Fields after the District has ceased using the Cerise Fields for programs, and during the non-growing season; the “non-growing season” is contemplated to begin on November 1 of each year, and conclude on March 1 of each following year.
ii) Maintenance shall be performed in accordance with the specifications set forth in Exhibit “B”. Maintenance shall be done in accordance with National Recreation and Park Association standards.
iii) The District shall be responsible for any “start-up”, winterization and draining of the irrigation system serving the Cerise Fields.
b) USE OF THE CERISE FIELDS
i) Use of the multi-purpose field shall be limited to sporting practices and games; all goals and other equipment shall be portable, and shall be supplied either by the user, or by the District and shall be removed after each sports season. Temporary painted stripes may be placed on the multi-purpose field. The District shall be responsible for removing portable equipment at the City’s request for other scheduled activities. All portable equipment shall be securely attached to the ground for the purpose of assuring public safety. The District shall assure at all times a minimum of two (2) acres of the multi-purpose field shall be available to the public for use and not scheduled for practice or game use.
ii) Games and international soccer league activities shall be limited to the two-acre field and the 10 acre field, as described on Exhibit “A”.
5. INFORMATION SERVICES
a) The City Information Services Department shall provide technical support to the District staff and board to assure the smooth operation of the District information services systems in accordance with the standards set forth in Exhibit “D” which is attached hereto and incorporated herein.
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166 b) District shall ensure City staff are provided with orientation and training by the audiovisual equipment installers or manufacturers for routine support and maintenance of all installed products. District shall provide a copy of operations and maintenance manuals and as-built diagram for all District audiovisual equipment which the City will be maintaining.
c) District shall include City staff in future planning and upgrades of audiovisual equipment prior to ordering and installation.
d) The District shall bear all expense related to District information services systems.
6. FLEET MANAGEMENT
a) The City Fleet Department shall provide fleet management support for District owned vehicles. The City shall be responsible for fleet management in accordance with the standards set forth in Exhibit “E”, which is attached hereto and incorporated herein.
b) The District shall bear all expense related to maintaining the District fleet.
7. FACILITY ACCESS FOR EMPLOYEES
a) City Employee and Council Access to the Community Recreation Center. The District shall waive the Tier 3 Corporate Membership fee for the City. The District shall offer the Participant Membership Fees (equivalent to a 15% discount) to City employees and Council for the family and adult annual pass at the effective rate at time of purchase. This discount does not apply to youth, senior or any other pass products. A valid City identification card or pay stub must be presented at time of purchase. a) b) The City shall notify the District when employees are terminated and/or when new hires are made on a monthly basis. MRD will remove annual pass privileges for terminated City employees and activate new employee annual pass privileges effective the first of the month following 30 days of employment or termination. Balances for terminated and/or new employees shall be mutually resolved at the end of the current calendar year. Formatted: Font: 12 pt b)c) District Employee and Board Access to the Black Canyon Golf Course. The City shall offer a 15% discount to District employees and board members on the regularly priced individual pass and/or couples annual golf, range, and cart passes. at the effective rate at time of purchase. This will include a cart and golf range privileges. A valid District pay stub identification card must be presented at time of purchase. c)d) The City shall provide trash sanitation utility service and recycling services to the District for both the Field House and Community Recreation Center locations at no cost (an annual value of $6,886.444,692.96 USD value as noted in Schedule A). The District shall provide the City with credit, (equivalent to an annual value
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167 of $6,886.444,692.96 USD value) which will be used towards the annual pass payment for City Employees and Council. d)e) The City shall provide administration of sales tax revenues from the City to the District at no cost (an annual value of $2,723.851,836.00 USD value). ). The Commented [KC1]: Update value? District shall provide the City with credit, (equivalent to an annual value of Formatted: Not Strikethrough $2,723.85$1,836.00 USD value) which will be used towards the annual pass Formatted: Not Strikethrough payment for City Employees and Council.
PART II: TERM. The initial term of this Agreement shall commence on the Effective Date and shall continue in effect through December 31, 2020 19. Thereafter, this Agreement shall automatically renew each year on the anniversary of the Effective Date, for an additional one (1) year term, unless otherwise terminated in accordance with the provisions of Part XIII of this Agreement.
PART III: PAYMENT. The District shall provide a payment in cash or its equivalent as set forth in Schedule A. In the event that the actual labor hours for a specific task indicated in Schedule A differ from those shown, the actual hours at the associated rate indicated on Schedule A will be paid by the District to the City.
PART IV: COMMUNICATIONS. The Parties shall designate authorized representatives and all communications related to the performance of duties defined in this Agreement shall be conducted solely between the representatives so designated. Additionally, the key City staff involved in providing the shared services described in this Agreement shall report as needed to the District’s Board of Directors.
PART V: ASSIGNMENTS.
a) No Assignments. Neither Party may assign any of its rights, duties or obligations arising under this Agreement without the prior written consent of the other Party.
b) Ramifications of Purported Assignment. Any purported assignment of the rights, duties or obligations of either Party without the express written consent of the other Party shall be void.
PART VI: CHOICE OF LAW. The laws of the State of Colorado (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this Agreement, including, without limitation, its interpretation, construction, performance and enforcement.
PART VII: INDEMNIFICATION (DISTRICT TO CITY). The District, to extent allowed under Colorado Constitution Article X, Section 20, and any other law, shall indemnify and defend the City at all times as of the Effective Date of this Agreement against:
a) any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee, and penalty or other charge, other than any Litigation Expenses (as
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168 defined in subsection (b)), arising out of or relating to the activities of the District set forth herein; and
b) any court filing fee, court cost, arbitration fee or cost, witness fee, and each other fee and cost of investigating and defending or asserting any claim for indemnification under this Agreement, including, without limitation, in each case, attorneys’ fees, other professionals’ fees, and disbursements (collectively, “Litigation Expenses”).
PART VIII: INDEMNIFICATION (CITY TO DISTRICT). The City, to the extent allowed under Colorado Constitution Article X, Section 20, and any other law, shall indemnify and defend the District at all times as of the Effective Date of this Agreement against:
a) any liability, loss, damages (including punitive damages), claim, settlement payment, cost and expense, interest, award, judgment, diminution in value, fine, fee, and penalty or other charge, other than any Litigation Expenses (as defined in subsection (b)), arising out of or relating to the activities of the City set forth herein; and
b) any court filing fee, court cost, arbitration fee or cost, witness fee, and each other fee and cost of investigating and defending or asserting any claim for indemnification under this Agreement, including, without limitation, in each case, attorneys’ fees, other professionals’ fees, and disbursements (collectively, “Litigation Expenses”).
A. PART IX: NOTICES.
a) Requirement of a Writing. Permitted Methods of Delivery. Each Party giving or making any notice, request, demand or other communication (each, a “Notice”) pursuant to this Agreement shall give the Notice in writing and use one of the following methods of delivery, each of which for purposes of this Agreement is a writing: personal delivery, Registered or Certified Mail (in each case, return receipt requested and postage prepaid), nationally recognized overnight courier, (with all fees prepaid), facsimile or e-mail.
b) Addressees and Addresses. Any Party giving a Notice shall address the Notice to the appropriate person at the receiving Party (the “Addressee”) at the address listed on the first page of this Agreement or to another Addressee or another address as designated by a Party in a Notice pursuant to this section.
c) Effectiveness of a Notice. Except as provided elsewhere in this Agreement, a Notice is effective only if the Party giving the Notice has complied with subsections a) and b) and if the Addressee has received the Notice.
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169 PART X: AMENDMENTS. The Parties may amend this Agreement only by a written agreement of the Parties that identifies itself as an amendment to this Agreement.
PART XI: MERGER. This Agreement constitutes the final agreement between the Parties. It is the complete and exclusive expression of the Parties’ agreement on the matters contained in this Agreement. All prior and contemporaneous negotiations and agreements between the Parties on the matters contained in this Agreement, including but not limited to the Intergovernmental Agreement between the Parties in previous years, are expressly merged into and superseded by this Agreement. The provisions of this Agreement may not be explained, supplemented or qualified through evidence of trade usage or a prior course of dealings. In entering into this Agreement, neither Party has relied upon any statement, representation, warranty or agreement of the other Party except for those expressly contained in this Agreement. There are no conditions precedent to the effectiveness of this Agreement other than those expressly stated in this Agreement.
PART XII: SEVERABILITY. If any provision of this Agreement is held invalid, illegal or unenforceable, the Parties shall negotiate in good faith to modify this Agreement to fulfill as closely as possible the original intents and purposes of this Agreement.
PART XIII: TERMINATION. Either Party may terminate this Agreement with advance written notice to the other Party delivered no later than one hundred and eighty (180) days prior to the next renewal date. In the event this written notice is given, the Agreement shall terminate at the end of the current term with no automatic renewal.
PART XIV: ESCALATOR. All costs set forth in Schedule A shall be subject to escalation or de-escalation based on actual increases or decreases in costs incurred by the City. Written documentation of said increases shall be provided by the City to the District as these increases occur.
APPROVED this ______day of ______, 20201__.
CITY OF MONTROSE ATTEST:
______Dave BowmanRoy Anderson, Mayor Lisa DelPiccolo, City Clerk
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170 MONTROSE RECREATION DISTRICT ATTEST:
______Jason Ullmann, President Mark Plantz, Secretary
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171 Exhibit A
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172 Exhibit B
FACILITY SERVICES SPECIFICATIONS.
I. Non-Irrigated Grounds Herbicide Application A. Weeds shall be sprayed on rock transition areas and around hard surfaces such as concrete and asphalt, near bleacher pads and walkways, as well as the empty lot at the Fieldhouse as shown on Exhibit “A” in accordance with the City’s weed spraying schedule.
II. I. Other Facility Support A. Parking Lots - Sweep parking lots at McNeil Park, Holly Park, and the Field House as shown on Exhibit “A” and the Community Recreation Center in accordance with City Sweeping Plan. The District may request additional sweeping by the City as needed. All sweeping shall be requested by the District and scheduled with the City. Advanced notice of one week shall be required by the City. B. Irrigation System Winterization – District staff may request the use of City compressor equipment to complete irrigation system winterization on District facilities. Formatted: Font: 12 pt, Font color: Black C. General Support - At the City’s discretion, the City may provide general support as needed on projects in which the City has specialized equipment and expertise, particularly in the public works department. Rates for equipment commonly requested by the District are included in Schedule A. Self-propelled equipment will require a City operator. Support not identified in Schedule A will be The billing for Formatted: Font: 12 pt, Font color: Black this support shall be outside the fees described in Schedule A and will be billed to the District as appropriate and necessary. C. D. The City shall provide trash and recycling services to the District for both Field House, Community Recreation Center, Holly Park, and McNeil Park at no cost. The District shall provide the City with credit for the value of the services, as detailed in Schedule A, which will be used towards the annual pass payment for City Employees and Council. Formatted: Font: 12 pt, Font color: Black
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173 Exhibit C
Finance Specifications
I. Cash Receipts, Payroll and Accounts Payable A. The District shall continue to operate its Point of Sale system and make its own deposits. Daily cash receipt data will be summarized by revenue category (as determined by the District) by day into a spreadsheet format approved by the City and provided to the City for import into the City’s general ledger. This includes daily cash receipts and any billing and invoicing distributed by the District. Additionally, the District shall continue to fulfill accounts payable and payroll functions. The District shall prepare and submit a summary accounts payable and payroll spreadsheet in a format, approved by the City, monthly for import into the City’s general ledger.
II. Financial Reports and General Ledger A. The City shall generate monthly budget reports within 10 business days of receipt of properly formatted data documenting the expenses and revenues for the previous month (period actual), YTD actual, Annual Budget, Variance, and percentage of Budget expended. B. The City will also maintain and update a general ledger budget document that captures all District funds, revenues and expenses. City Finance personnel will create worksheets for MRD staff to develop their budget and use these final reports to create a budget in the Caselle database for reporting purposes during the upcoming year.
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174 Exhibit D
INFORMATION SERVICES SPECIFICATIONS.
I. Information Services and Audiovisual Systems Support A. The City shall provide to the District a support phone number and/or website for the initiation of information services and audiovisual technical support. B. The City shall prioritize the support request based on the severity of the issue and the current calls already in the work queue. C. During business hours, the City shall provide an acknowledgment of the support request within four hours. The District shall allow the City to remotely connect to the District computers in order to properly respond to the support request. Support requests initiated after normal business hours should indicate if the problem requires immediate attention or can be resolved on the next regular business day. D. Any support request requiring work in excess of four hours will be communicated prior to completing the request. E. Routine maintenance tasks of supported equipment and software shall be initiated and completed by City according to manufacturer recommendations. F. The City may provide cloud-based backup file storage to the District. E. G. The City may provide virus checking and protection on all District computers attached to the City Network. The District shall be responsible for purchase of required virus protection licensing for each District computer.
II. Telephone System A. Equipment shall be installed in the District in order to provide digital voice over Internet Protocol (VOIP) telephones and voicemail. With the exception of one or more public switched telephone network (PTSN) lines to provide emergency communication and support for alarms, all existing District phone numbers shall be moved to the City demarcation location at City Hall. Telephone calls to District numbers will be routed through the City infrastructure to telephones at District facilities. B. A point-to-point network circuit between the City and District shall be established to provide the VOIP services at District expense. C. The City shall provide internal phone numbers (extensions) to all District VOIP phones as well as voicemail services. D. The City shall support the District in setting up call handling routines. E. The City will notify the District of any planned outages and coordinate best times for planned outages. When the City is contemplating the installation of additional features and/or upgrades to the telephone system that will result in an additional cost, the District shall have the option to participate in the additions/upgrades of said new feature and/or upgrades and shall share in the cost on a pro-rata basis.
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175 Exhibit E
FLEET MANAGEMENT SPECIFICATIONS.
I. Fleet Repair Services A. The City shall provide to the District a support phone number for the initiation of fleet repair services. This phone number shall be answered during regular City Shop working hours 7 AM to 5:30 PM Monday through Thursday. B. Repairs to District’s vehicles shall be repaired on a priority basis after City police and sanitation vehicles. This includes the van, bus, and all maintenance equipment. C. City shall prepare a monthly report and provide a statement of repairs, parts, labor, and supplies to District forwith each work order by the 14th of the Formatted: Superscript following month, at the time of service or when the repair is completed. D. Fleet repairs on District vehicles shall include: i. Brake pad/shoe replacement along with disc/drum replacement, brake cylinder repair/ replacement. Diagnostics of brake systems such as antilock brakes/ traction control. Repairs of all brake hydraulic systems and wheel bearings. ii. Limited axle, transmission, driveshaft, u-joint repairs. iii. Heating and air conditioning repairs. iv. General electrical/ electronic system diagnostic and repair. Battery, starting system, charging system, lighting systems, gauges, warning systems, driver information systems, safety and accessory system repairs. v. Steering and suspension systems. Shocks, ball joints, tie rod ends, springs, replacements. vi. Exhaust/emission system inspection and repairs. vii. General engine diagnostics, fuel, electrical, ignition, cooling, lubrication systems and computerized controls. viii. Transmission maintenance and adjustments. ix. Tire repair and replacement of most common sizes. x. Fabrication/welding of specialized equipment. xi. Repairs of specialized equipment. xii. Tire repair/replacement for maintenance equipment. xiii. Road call service truck available, during normal shop hours. xiv. Welding and fabrication services of accessories or specialized features for the passengers or passenger equipment of steel or plastics. E. Replacement parts shall be as distributed by original equipment manufacturer, NAPA, Carquest Car Qwest or approved equal.
II. Equipment Maintenance A. Perform routine maintenance checks and service (including mechanical repairs, tune-ups, filter and oil changes, greasing, power washing) on District owned maintenance equipment such as Jacobson mowers (2), small riding mower (1), Kubotaabota Tractor (1), other tractor (1), ATV (1), field/parking lot painters (2),
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176 Diamond Demon field maintainer (1), golf carts (2), chain saws (1)). The District will occasionally send District equipment back to the manufacturers as needed for deep maintenance. The above quantities and types of District maintenance equipment, van and bus are subject to change and provided for reference only. City shall maintain District owned maintenance equipment and vehicles to the extent possible. Specialized maintenance tasks that are outside the expertise of City staff shall be completed by outside vendors at the District’s expense. This determination shall be made with communication among the designated representatives of the City and the District with the final decision being made by the District. B. All District owned maintenance equipment shall be marked with “MRD”. C. All District owned maintenance equipment shall be transported by the District to and from the City Public Works Shop when maintenance is requested. D. Equipment maintenance records shall be maintained by the City and made available for to the District upon request.
III.Fleet Preventative Maintenance Services A. The City shall provide to the District preventive maintenance services at regularly scheduled intervals based on usage. B. When vehicles are due for service the District will deliver vehicle to City shop at an assigned date and time. C. City shall provide a statement of preventative maintenance service, parts, labor and supplies to District with each work order, at the time of service or when the repair is completed. D. Fleet preventative maintenance services on District vehicles shall include: i. Automotive vehicles 3000 mile service or “A” service includes: Change engine oil and filter check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time .8 hrs. ii. Automotive Vehicles 6000 mile service or “B” service includes: Change engine oil and filter, change fuel filter, check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time 1.6 hours iii. Light truck, heavy truck 4000 mile service or “A” service includes: Change engine oil and filter, lube chassis. Check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time .8 hours. iv. Light truck, heavy truck 8000 mile or “B” service includes: Change engine oil and filter, change fuel filter, lube chassis. Check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time 1.6 hours. v. Light truck, heavy truck and automotive vehicles 36,000 mile service or “C” service includes: Change oil and filter, change fuel filter, change transmission oil, filter and make necessary adjustments, lube chassis. Check brakes, lights, tires, all other fluids, vehicle markings, paint, and glass. Approximate technician time 3.3 hours. E. Replaceable filters shall be as distributed by NAPA or approved equal.
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177
IV. Fleet Management Services A. For each District vehicle the City shall maintain service, mileage, parts, fluids and labor costs records in the City’s fleet management system. District records shall be kept under a unique organization and separate from City fleet records. B. Reports from available data shall be provided to the District upon request. Recommended vehicle replacement reporting shall be available as well.
V. Fleet Fueling Services and Fluids A. City shall allow District to fuel vehicles at City fueling station. City shall provide an access card and fueling key for each District vehicle to allow after- hour access to fueling station. District staff will input an employee identification number and current odometer reading prior to fueling vehicle. B. Fluids dispensed by City include: 5W/20 motor oil: API classification GF- 4/SM, Dexron V1 automatic transmission fluid, 80W-90 gear lube, ASTM D6210 50/50 pre-mix anti-freeze, NLG1 GC-LB moly high temp EP (extreme pressure) grease. C. Fuels dispensed by City include: E10 Unleaded Gasoline and #2 Ultra Low Sulfur (Diesel) Fuel. D. City will bill District on a monthly basis for fuel and fluids dispensed for District vehicles.
VI. Excluded Services A. The following services are outside of the scope of capability of the City and must be provided by an outside vendor: i. Transmission overhauls ii. Axle overhauls iii. Structural damage iv. Frame damage v. Glass Repair vi. Upholstery Repair vii. Wrecker service viii. Paint and body repairs ix. Engine overhauls B. At District request and expense, the City may facilitate repairs through an outside vendor.
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178 Schedule A
Payment Schedule and Schedule of Costs
City shall receive payment from District on a quarterly basis for all services performed. The total estimated annual cost of the Agreement includes costs from Tables 1, 2, 3, 4 and 5 of Schedule A.
Hours shall be tracked in each shared service and communicated to the District on a quarterly basis with the budget reports to communicate hours available in each area.
Hourly billing rates are based on the position’s burden rate with 3% overhead. Rates are adjusted on an annual basis following approval of the city’s annual budget.
Table 1 – Financial Services Cost Schedule
Estimated Hourly Billing Estimated Task Labor Hours Rate Labor Total Budget & Financial Analysis 120 $76.4869.01 $9,177.60$ and Reporting 8,280.00
Table 2 – Legal Services Cost Schedule Hourly Billing Deliverable Rate City Attorney $100.00
Table 3 – Facility Services Cost Schedule
Labor Equipment Equipment Cost Expense Task Total Unit Rate Unit Expense Formatted Table Management $48.54
Herbicide Each Each Application $34.64 Application $30.00 Application $40.00 Parking Lot Current hourly Sweeping $32.02 Hour sweeper rate 70% of the Actual Utility (Cerise Cost charged by Irrigation) DMEA Formatted Table
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179 Task Hourly Billing Rate Annual Expense Formatted: Font: (Default) +Body (Calibri), 11 pt
Management $52.62 Formatted: Font: (Default) +Body (Calibri), 11 pt Parking Lot Sweeping $32.98 Formatted: Font: (Default) +Body (Calibri), 11 pt Formatted: Font: (Default) +Body (Calibri), 11 pt Utility (Cerise Irrigation) 70% of the Actual Cost Charged by DMEA Formatted: Font: (Default) +Body (Calibri), 11 pt Tractor & Cutter (Equipment #46) $43.17 Formatted: Font: (Default) +Body (Calibri), 11 pt Brush Chipper (Equipment #242) $8.97 Formatted: Font: (Default) +Body (Calibri), 11 pt Formatted: Font: (Default) +Body (Calibri), 11 pt Chevrolet C3500 (Equipment #248) $17.91 Formatted: Font: (Default) +Body (Calibri), 11 pt Backhoe Loader (Equipment #421) $23.95 Formatted: Font: (Default) +Body (Calibri), 11 pt Operator for Self‐propelled Formatted: Font: (Default) +Body (Calibri), 11 pt Equipment $35.00 Formatted: Indent: Left: 0" Trash & Recycling Monthly Annual Expense (To Services Containers "T" Trash/ "R" Recycling Rate be credited to City) T- 3-350 gal. containers/ R-1-350 gal. Community container, 2-90 gal. containers. M/Thurs. Recreation Center Collection $200.19 $2,402.28 T- 1-350 gal. container. M/Thurs. Holly Park Collection $66.73 $800.76 T-1-350 gal. container and 1-420 gal. Formatted: Font: Not Bold McNeil Park container. M/Thurs. Collection $146.80 $1,761.60 Formatted: Indent: Left: 0" T-2-420 gal. containers, R-4-90 gal. Formatted: Indent: Left: 0" Field House container. M/Thurs. Collection $160.15 $1,921.80 Commented [KC2]: Update Total $6,886.44 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Table 4 – Information Services Cost Schedule Formatted: Font: (Default) +Body (Calibri)
Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri) Annual Formatted: Font: (Default) +Body (Calibri) Task Hourly Billing Rate Expense Formatted: Font: (Default) +Body (Calibri) Network Design $64.5660.12 Formatted: Font: (Default) +Body (Calibri) Computer Support $42.6742.31 Formatted: Font: (Default) +Body (Calibri) Computer Support ‐– After HoursOvertime $64.0163.47 Formatted: Font: (Default) +Body (Calibri) Network/Server Support $56.5643.19 Formatted: Font: (Default) +Body (Calibri) Network/Server Support ‐– After HoursOvertime $84.8464.78 Formatted: Font: (Default) +Body (Calibri) Phone System Changes $48.554.06 Formatted: Font: (Default) +Body (Calibri) Phone System Changes – After Hours $72.83 Formatted: Font: (Default) +Body (Calibri) Internet Service Formatted: Font: (Default) +Body (Calibri) (1 Gbps service provided by City) $6,000 Formatted: Font: (Default) +Body (Calibri) Formatted: Font: (Default) +Body (Calibri)
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180 Cloud‐based offsite backup date storage ($10/month up to 200 Formatted: Font: (Default) +Body (Calibri) GB Vipre virus scanning managed by City at $3/month per Formatted: Font: (Default) +Body (Calibri) computer (optional) 12 computers Long Distance ($0.05 /minute) est. 1000 minutes $618 Formatted: Font: (Default) +Body (Calibri) Phone System Charges ($4/user/month) 22 phones $1,056 Formatted: Font: (Default) +Body (Calibri)
Table 5 – Fleet Management Services Cost Schedule Formatted: Font: 11 pt
District Owned Vehicles Formatted: Font: 11 pt 2001 Dodge Pickup 2004 Chevrolet Van Formatted: Font: 11 pt 2012 Dodge Ram 1500 SLT Formatted: Font: 11 pt 2013 Ford Eldorado Aerolite Bus (15 Passenger) Formatted: Font: 11 pt 2016 Ford F250 Super Duty F‐26 Formatted: Font: 11 pt 2017 Trailer, VIN 4P5D71420H1258593 Formatted: Font: 11 pt
Hourly Billing Deliverable RateLabor Rate Expense Fleet Repair Services $95.00 Parts Actual Cost Formatted: Font: 11 pt Fleet Preventative Maintenance Services $95.00 Parts Actual Cost Formatted: Font: 11 pt Fleet Management Services $95.00 Formatted: Font: 11 pt Fleet Fluid and Fueling Cost NA Actual Rack Rate Formatted: Font: 11 pt Formatted: Font: 11 pt
IGA between City of Montrose and Montrose Recreation District re: Shared Services Page 19
181
CITY OF MONTROSE, COLORADO Incentive Grant Agreement With Geyser Technologies, LLC
TABLE OF CONTENTS 1. PARTIES……………………………………………………………………………...... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY………………….……...…...1 3. RECITALS…………………………………………………………………….…...……..2 4. DEFINITIONS……………………………….………………………………………...…2 5. TERM AND EARLY TERMINATION…………………………………...……………..3 6. STATEMENT OF WORK………………………………………………….………...…..3 7. PAYMENTS TO GRANTEE……………………………………………….………...….4 8. REPORTING AND NOTIFICATION……………………………………….….…...…...5 9. GRANTEE RECORDS………………………………………………….……….…...…..5 10. CONFIDENTIAL INFORMATION AND CITY RECORDS………….………………..6 11. CONFLICTS OF INTEREST……………………………….………………………...... 7 12. REPRESENTATIONS AND WARRANTIES…………………………………….....…..7 13. BREACH…………………………………………….…………………………..…..……8 14. REMEDIES……………………………………………….……………………..…..……9 15. NOTICE AND REPRESENTATIVES………………………………………...... ……..10 16. GOVERNMENTAL IMMUNITY……………………………………………….....…...11 17. GENERAL PROVISIONS……………………………………...…………………….…11 18. COLORADO SPECIAL PROVISIONS…...... 13 SIGNATURE PAGE…………………………………………………………….………16 EXHIBIT A – STATEMENT OF WORK……………..……………………………...... 18
1. PARTIES This Grant Agreement (hereinafter called “Grant”) is entered into by and between the City of Montrose, whose address is 433 S. 1st Street, Montrose, Colorado 81401 (hereinafter called “City”), and Geyser Technologies LLC (“Geyser” or Geyser Systems), whose address is 425 Kristin Court, Unit 1 Montrose, Colorado 81401 (hereinafter called “Grantee”).
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Grant shall not be effective or enforceable until it is approved and signed by the Mayor
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of Montrose or designee (hereinafter called the "Effective Date"). The City shall not be liable to pay or reimburse Grantee for any performance hereunder, including, but not limited to costs or expenses incurred, or be bound by any provision hereof, prior to the Effective Date, unless expressly provided.
3. RECITALS A. Authority, Appropriation, and Approval The City enters into this agreement under Authority of the Constitution of the State of Colorado as a Home Rule City. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The City desires to promote economic development in Montrose, Colorado by assisting the City’s economic base. D. References All references in this Grant to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted.
4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows:
A. Budget “Budget” means the budget for the Work described in Exhibit A. B. Evaluation “Evaluation” means the process of examining Grantee’s Work and rating is based on criteria established in § 6 and Exhibit A. C. Employee “Employee” or “Full Time Position” (FTP) means a person who works in the service of Geyser or its subsidiaries, under an express or implied contract of hire under which the employer has the right to control the duties of work performance. To be an employee or FTP the individual must work in Montrose at least 32 hours a week and is considered a full time equivalent, and can neither be a temporary nor seasonal hire. This includes management and owners unless otherwise specified. Specific wage requirements are noted in Exhibit A 3.3. D. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A (Statement of Work). E. Goods “Goods” means tangible material acquired, produced, or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. F. Grant or Agreement “Grant” or “Agreement” means this Grant, its terms and conditions, attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements, exhibits, attachments or references incorporated herein pursuant to Colorado
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State law, City ordinance and City Fiscal Policies. G. Grant Funds “Grant Funds” means funds available for distribution by the City payable by the City to Grantee or a Sub-Grantee, pursuant to this Grant. H. Party or Parties “Party” means the City or Grantee and “Parties” means both the City and Grantee. I. Review “Review” means examining Grantee’s Work to ensure that it is adequate, accurate, correct and in accordance with the criteria established in § 6 and Exhibit A. J. Services “Services” means the required services to be performed by Grantee pursuant to this Grant. K. Sub-grantee “Sub-grantee” means third-parties, if any, engaged by Grantee to aid in performance of its obligations. L. Work or Project “Work” or “Project” means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A, including the performance of the Services. M. Work Product “Work Product” means the tangible or intangible results of Grantee’s Work, including, but not limited to, software, research, reports, studies, data, photographs, negatives or other finished or unfinished documents, drawings, models, surveys, maps, materials, or work product of any type, including drafts.
5. TERM AND EARLY TERMINATION A. Initial Term and Work Commencement The Parties’ respective performances under this Grant shall commence on the Effective Date. This Grant shall terminate on July 31, 2025 unless sooner terminated or further extended as specified elsewhere herein. B. Obligations Non Transferrable and Sale of the Company As stated in 17.A. Grantee’s rights and obligations are personal and nontransferable.
6. STATEMENT OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibit A on or before July 31, 2025. The City shall not be liable to compensate Grantee for any Work performed prior to August 1, 2019 when Geyser Systems began Montrose operations or after the termination of this Grant. B. Employees All persons employed by Grantee or Sub-grantees shall be considered Grantee’s or Sub- grantee’s employee(s) for all purposes hereunder and shall not be employees of the City for any purpose as a result of this Grant.
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C. Commitment Grantee will commit to maintaining Geyser Corporate Headquarters and manufacturing operations, in accordance with agreed upon employment numbers, within the Montrose, Colorado city limits until the completion or termination of this agreement. Failure to do so will be a breach of this agreement.
7. PAYMENTS TO GRANTEE The City shall, in accordance with the provisions of this § 7, pay Grantee or Sub-Grantee in the following amounts and using the methods set forth below: A. Maximum Amount The maximum amount payable under this Grant to Grantee by the City is $199,500, as outlined below and determined by the City from available funds. Grantee agrees to provide any additional funds required for the successful completion of the Work. Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A. B. Payment i. Interim and Final Payments Any payment allowed under this Grant or in Exhibit A shall comply with the City Fiscal Policy and be made in accordance with the provisions of this Grant or such Exhibit A. ii. Interest The City shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee and/or Sub-Grantee previously accepted by the City. Uncontested amounts not paid by the City within 45 days may, if Grantee or Sub-Grantee so requests, bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided, however, that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee or Sub-Grantee shall invoice the City separately for accrued interest on delinquent amounts. The billing shall reference the delinquent payment, the number of day’s interest is to be paid and the interest rate. iii. Available Funds, Contingency, and Termination The City is prohibited by law from making fiscal commitments beyond the term of the City’s current fiscal year. Therefore, Grantee’s compensation is contingent upon the continuing availability of City appropriations as provided in the Colorado Special Provisions, set forth below. If City funds are not appropriated, or otherwise become unavailable to fund this Grant, the City may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments At the City’s sole discretion, payments made to Grantee or Sub-Grantee in error for any reason, including, but not limited to overpayments or improper payments, and unexpected or excess funds received by Grantee or Sub-Grantee, may be recovered from Grantee or Sub-Grantee by deduction from subsequent payments under this or other grants, grants or agreements between the City and Grantee or by other appropriate
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methods and collected as a debt due to the City. Such funds shall not be paid to any person or entity other than the City. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in Exhibit A. The City’s total consideration shall not exceed the maximum amount shown herein.
8. REPORTING AND NOTIFICATION Reports, Evaluations, and Reviews required under this § 8 shall be in accordance with the procedures of and in such from as prescribed by the City. A. Performance, Progress, Personnel, and Funds Grantee shall submit a report to the City upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee’s performance and the final status of Grantee’s obligations hereunder. In addition, Grantee shall comply with all reporting requirements, if any, set forth in Exhibit A. B. Litigation Reporting Within ten days after being served with any pleading in a legal action filed with a court or administrative agency, related to this Grant or which may affect Grantee’s ability to perform its obligations hereunder, Grantee shall notify the City of such action and deliver copies of such pleadings to the City’s principal representative as identified herein. If the City’s principal is not then serving, such notice and copies shall be delivered to the City Attorney’s office. C. Noncompliance Grantee’s failure to provide reports and notify the City in a timely manner in accordance with this § 8 may result in the delay of payment of funds, partial or non-payment of funds and/or termination as provided under this Grant. D. Sub-grants Copies of any and all Sub-grants entered into by Grantee to perform its obligations hereunder shall be submitted to the City or its principal representative upon request by the City. Any and all Sub-grants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such Sub-grants be governed by the laws of the State of Colorado.
9. GRANTEE RECORDS Grantee shall make, keep, maintain, and allow inspection and monitoring on a confidential basis as permitted by law of the following records. A. Grantee shall make, keep, maintain, and allow inspection and monitoring by the City of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the Work, payroll reports (including, but not limited to the operation of programs) hereunder. Grantee shall maintain such records (the “Record Retention Period”) until the last to occur of the following:
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i. A period of three years after the date this Grant is completed or terminated, or ii. Final re-payment is made hereunder, whichever is later, or iii. For such further period as may be necessary to resolve any pending matters, or iv. If an audit is occurring, or Grantee has received notice that an audit is pending, then until such audit has been completed and its findings have been resolved (the “Record Retention Period”). B. Inspection Grantee shall permit the City, with a ten day notice, state and the federal government and any other duly authorized agent of a governmental agency to audit, inspect, examine, excerpt, copy and/or transcribe Grantee’s records related to this Grant during the Record Retention Period to assure compliance with the terms hereof or to evaluate Grantee’s performance hereunder. The City reserves the right to inspect the Work at all reasonable times and places during the term of this Grant, including any extension. If the Work fails to conform to the requirements of this Grant, the City may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee’s sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures, the City may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and the City may exercise the remedies available under this Grant, at law or inequity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the City, the federal government, and other governmental agencies having jurisdiction, in their sole discretion, to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure, including, but not limited to: internal evaluation procedures, examination of program data, special analyses, on-site checking, formal audit examinations, or any other procedures. All monitoring controlled by the City shall be performed in a manner that shall not unduly interfere with Grantee’s performance hereunder. The expense of said monitoring shall be borne by the requesting party. D. Audit Reports If an audit is performed on Grantee’s records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the City or its principal representative at the address specified herein within ten days of receipt.
10. CONFIDENTIAL INFORMATION AND CITY RECORDS Grantee shall comply with the provisions of this § 10 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information includes, but is not necessarily limited to, City and state records, personnel records, and information concerning individuals. Confidential information is subject to the Colorado Open Records Act (“CORA”) where applicable. A. Confidentiality
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Grantee shall keep all City records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for City records and information in the possession of Grantee shall be immediately forwarded to the City’s principal representative. B. Notification Grantee or City shall notify its agent, employees, Sub-grantees, and assigns who may come into contact with City records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or City or its agents in any way, except as authorized by this Grant or approved in writing by the City. Grantee shall provide and maintain a secure environment that ensures confidentiality of all confidential information wherever located as permitted pursuant to CORA. Confidential information shall not be retained in any files or otherwise by Grantee or its agents, except as permitted in this Grant or approved in writing by the City. D. Disclosure and Liability Disclosure of City records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee, the City or their respective agents. Grantee shall indemnify, save, and hold harmless the City, its employees and agents, against any and all claims, damages, liability and court awards, including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by Grantee, or its employees, agents, Sub-grantees, or assignees pursuant to this § 10.
11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee’s obligations hereunder. Grantee acknowledges that with respect to this Grant, even the appearance of a conflict of interest is harmful to the City’s interests. Absent the City’s prior written approval, Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee’s obligations to the City hereunder. If a conflict or appearance thereof reasonably exists, Grantee shall submit to the City a disclosure statement setting forth the relevant details for the City’s consideration. Failure to promptly submit a disclosure statement or to follow the City’s direction in regard to the apparent conflict constitutes a breach of this Grant.
12. REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties, each of which was relied on by the City in entering into this Grant.
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A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry, trades or profession and in the sequence and manner set forth in this Grant. B. Legal Authority – Grantee and Grantee’s Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures, by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this grant, or any part thereof, and to bind Grantee to its terms. If requested by the City, Grantee shall provide the City with proof of Grantee’s authority to enter into this Grant within 15 days of receiving such request. C. Licenses, Permits, Etc. Grantee represents and warrants that as of the Effective Date it has, and that at all times during the term hereof it shall have, at its sole expense, all licenses, certifications, approvals, insurance, permits, and other authorizations required to properly perform this Grant, without reimbursement by the City or other adjustment in Grant Funds. Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications, if any, to perform their responsibilities. Grantee, if a foreign corporation or other foreign entity transacting business in the State of Colorado, further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process. Any revocation, withdrawal or non-renewal of licenses, certifications, approvals, insurance, permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant.
13. BREACH A. Defined In addition to any breaches specified in other sections of this Grant, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Grantee, or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in § 15. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the aggrieved Party
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may exercise any of the remedies set forth in § 14. Notwithstanding anything to the contrary herein, the City, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. Nothing in this section is to be construed to restrict payment adjustments of non-compliance as set forth in Exhibit A § 5.
14. REMEDIES If Grantee is in breach under any provision of this Grant, the City shall have all of the remedies listed in this § 14 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in § 13(B). The City may exercise any or all of the remedies available to it, in its sole discretion, concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required by this Grant, the City may notify Grantee of such non-performance in accordance with the provisions herein. If Grantee thereafter fails to promptly cure such non-performance within in the cure period, the City, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform. Exercise by the City of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated, if any. The amount of the grant disbursed shall immediately become due and payable to the City in the event that the Grantee relocates all or a portion of its operations from Montrose to another city/state prior to July 31, 2025, and the resulting relocation results in the Grantee not being able to maintain operations obligations in § 3 of this Exhibit A. The Grantee shall notify the City within 30 days from the time Grantee fails to maintain its operations in Montrose. i. Obligations and Rights To the extent obligations are specified in any termination notice, Grantee shall not incur further obligation or render further performance hereunder past the effective date of such notice, and shall terminate outstanding orders and subcontracts with sub-grantees or third parties. However, Grantee shall complete and deliver to the City all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this contract’s terms. ii. Payments The City shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the City, it is determined that Grantee was not in breach or that Grantee’s action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding
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Notwithstanding any other remedial action by the City, Grantee also shall remain liable to the City for any damages sustained by the City by virtue of any breach under this Grant by Grantee and the City may withhold any payment to Grantee for the purpose of mitigating the City’s damages, until such time as the exact amount of damages due to the City from Grantee is determined. B. Remedies Not Involving Termination The City, in its sole discretion, may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee’s performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the City without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the City’s directive and the City shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment or make a partial payment to Grantee until corrections in Grantee’s performance are satisfactorily made and completed. iii. Trigger Cash Repayment Trigger cash repayment for non-performance on remaining balance of loan for those obligations not performed. iv. Deny Payment Deny payment for those obligations not performed or, if performed, would be of no value to the City; provided that any denial of payment shall be reasonably related to the value to the City of the obligations not performed. v. Intellectual Property If Grantee infringes on a patent, copyrights, trademark, trade secret or other intellectual property right while performing its obligations under this Grant, Grantee shall, at the City’s options (a) obtain for the City or Grantee the right to use such products and services; (b) replace any Goods, Services, or other product involved with non-infringing products or modify them so that they become non- infringing; or, (c) if neither of the foregoing alternatives are reasonably available, remove any infringing Goods, Services, or products and refund the price paid therefore to the City.
15. NOTICES AND REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party’s principal representative at the address set forth below. In addition to, but not lieu of a hard-copy notice, notice also may be sent via e-mail to
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the e-mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt.
A. City: William E. Bell, City Manager cc: Stephen P. Alcorn, City Attorney or Current City Manager or Current City Attorney 433 S. 1st Street 433 S. 1st Street Montrose, CO 81401 Montrose, CO 81401 Ph: 970-240-1400 Ph: 970-240-1440 Email: Email: [email protected] [email protected] B. Grantee: Jonathan Ballesteros Geyser Technologies 425 Kristin CT, Unit 1 Montrose, CO 81401 Ph: 346-763-2561 Email: [email protected]
16. GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary, nothing herein shall constitute a waiver, expressed or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, CRS § 24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the negligence of the City of Montrose, its departments, institutions, agencies, boards, officials, and employees is controlled and limited by the provisions of the Governmental Immunity Act and the risk management statutes, CRS § 24-30-1501, et seq., as amended.
17. GENERAL PROVISIONS A. Assignment and Sub-grants Grantee’s rights and obligations hereunder are personal and may not be transferred, assigned or sub-granted without prior, written consent of the City. Any attempt at assignment, transfer or sub-granting without such consent shall be void as will be this Incentive Grant Agreement. All assignments, Sub-grants, or Sub-grantees approved by Grantee or the City are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of sub-granting arrangements and performance. Ownership transfers in excess of 20% will require City approval in writing. This approval will not be unreasonably withheld. B. Binding Effect Except as otherwise provided in § 18(A), all provisions herein contained, including the benefits and burdens, shall extend to and be binding upon the Parties’ respective heirs, legal representative, successors, and assigns.
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C. Captions The captions and headings in this Grant are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior to contemporaneous additions, deletions, or other changes hereto shall not have any force or affect whatsoever, unless embodied herein. F. Indemnification – General Grantee shall indemnify, save, and hold harmless the City, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred to the extent caused by any act or omission by Grantee, or its employees, agents, Sub-grantees, or assignees pursuant to the terms of this Grant; however, the provisions hereof shall not be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions, of the Colorado Governmental Immunity Act, CTS § 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C.2671 et seq., as applicable, as now or hereafter amended. G. Jurisdiction and Venue All suits, actions, or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Montrose. H. Modification i. Except as specifically provided in this Grant, modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant, properly executed and approved in accordance with applicable Colorado State law, City ordinances and City Fiscal Policy. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in Federal or Colorado State law, or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change, as if fully set forth herein. I. Order Precedence The provisions of this Grant shall govern the relationship of the Parties. In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including, but not limited to, those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions; ii. The provisions of the main body of this Grant; and
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iii. Exhibit A J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent, the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary, provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the City if Grantee fails to perform or comply as required. L. Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant, and do not create any rights for such third parties. M. Waiver Waiver of any breach of a term, provision, or requirement of this Grant, or any right or remedy hereunder, whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term, provision or requirement, or of any other term, provision, or requirement.
18. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CITY COUNCIL APPROVAL. This Grant shall not be deemed valid until it has been approved by the City Council of Montrose. B. FUND AVAILABILITY. CRS § 24-30-202(5.5) Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this Grant shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS § 24-10-101 et seq., or the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR. Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agents or employee of Grantee shall be deemed to be an agent or employee of the City. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the City and the City shall not pay for or otherwise provide such coverage for Grantee or any of its agents or
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employees. Unemployment insurance benefits shall be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization, expressed or implied, to bind the City to any agreement, liability or understanding, except as expressly set forth herein. Grantee shall (a) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the City, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Grantee shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Grant. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The City does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. City or other public funds payable under this Grant shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that, during the term of this Grant and nay extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the City determines the grantee is in violation of this provision, the City may exercise any remedy available at law or in equity or under this Grant, including without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST. The signatories aver that to their knowledge, no employee of the City has any personal or beneficial interest whatsoever in the service or property described in this Grant. Grantee has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Grantee’s services and Grantee shall not employ
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any person having such known interests. J. PUBLIC CONTRACTS FOR SERVICES. [Not applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Grantee certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who shall perform work under this Grant and shall confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant, through participation in the E-Verify program or the State program established pursuant to CRS § 8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a contract with a Sub-grantee that fails to certify to Grantee that the Sub-grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee (a) shall use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Sub-grantee and the contracting State agency within three days if Grantee has actual knowledge that a Sub- grantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the Sub-grant if a Sub-grantee does not stop employing or contracting with the illegal alien within three days of receiving notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS § 8-17.5-102(5), by the Colorado Department of Labor and Employment. If Grantee participates in the State program, Grantee shall deliver to the contracting State agency, Institution of Higher Education or political subdivision, a written, notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the contracting State agency, Institution of Higher Education or political subdivision may terminate this Grant for breach and, if so terminated, Grantee shall be liable for damages. K. PUBLIC CONTRACTS WITH NATURAL PERSONS. Grantee, if a natural person 18 years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to Federal law, (b) shall comply with the provisions of CRS § 24-76.5-103 prior to the effective date of this Grant.
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SIGNATURE PAGE
THE PARTIES HERETO HAVE EXECUTED THIS GRANT
*Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee’s behalf and acknowledge that the City is relying their representations to that effect.
CITY
By: David Bowman, Mayor
GRANTEE
By:______Jonathan Ballesteros, Geyser Technologies
ATTEST
By: Lisa DelPiccolo, City Clerk
State of Colorado ) ) ss. County of Montrose )
The foregoing instrument was acknowledged before me this _____ day of , 20 , by David Bowman, Mayor of Montrose, Colorado.
Witness my hand and official seal. My commission expires: .
(Seal) Notary
State of Colorado ) ) ss.
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County of Montrose )
The foregoing instrument was acknowledged before me this _____ day of , 20 , by Jonathan Ballesteros, Geyser Technologies.
Witness my hand and official seal. My commission expires: .
(Seal) Notary
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EXHIBIT A – STATEMENT OF WORK
1. GENERAL DESCRIPTION The Project consists of the grantee establishing operations and creating jobs by expanding operations in Montrose, Colorado.
2. DEFINITIONS 2.1 “Quarterly Employment Report” is a report that lists (by location) the number, hire dates and pay of all Montrose FTP employees and also provides an aggregate report totaling the number of Montrose FTP employees and their Average Annual Wage Rate. 2.2 “Quarterly Report Dates” are the last date of the covered period and the Quarterly Employment Report is to be submitted to the City within 30 days of the date indicated below:
September 30, 2019 December 31, 2019 March 31, 2020 June 30, 2020 September 30, 2020 December 31, 2020 March 31, 2021 June 30, 2021 September 30, 2021 December 31, 2021 March 31, 2022 June 30, 2022 September 30, 2022 December 31, 2022 March 31, 2023 June 30, 2023 September 30, 2023 December 31, 2023 March 31, 2024 June 30, 2024 September 30, 2024 December 31, 2024 March 31, 2025 June 30, 2025 September 30, 2025
2.3 “Annual Wage” includes regular salaries, overtime pay and bonuses but shall not include other compensation such as benefits and profit sharing. 2.4 “Baseline Employment Number” is the number of Montrose FTP employees as of August 1, 2019. Both Parties have agreed this number is 0. 2.5 “State Unemployment Tax Act Report” or SUTA report will be provided to the City quarterly. 2.6 “Full-Time Position” is a person who works in the service of Geyser or its subsidiaries, under an express or implied contract of hire under which the employer has the right to control the duties of work performance. To be a full time employee or FTP, the individual must work in Montrose at least 32 hours per week, and can neither be a temporary nor seasonal hire.
3. GRANTEE’S OBLIGATIONS Work activities include: 3.1 Geyser’s goal is to create 98 net new permanent FTP positions in Montrose, Colorado on or before July 31, 2025 with an allowance for a reasonable level of temporarily vacant positions due to normal employee turnover. Parties agree that reasonable fill period is fixed at 60 days. The City will forgive up to $5,000 per net new permanent
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FTP positions, submitted by Geyser Technologies, that meets the obligations specified in §3.2, §3.3 and §3.4 of this Exhibit A even if the Grantee does not ultimately create the full 98 net new permanent FTP positions, but will not exceed $155,000 in aggregate. Geyser Technologies, at their discretion may opt out of some qualifying FTP positions from grant forgiveness, and they will so notify the City if they choose to exercise this option. If this is the case, Geyser Technologies will be responsible for repayment of the remaining balance of the loan in cash by July 31, 2025. 3.2 As of the effective date of this agreement, the Average Annual Wage (AAW) rate as recognized by the State of Colorado’s Office of Economic Development and International Trade (OEDIT) for Montrose County is $38,441. 3.3 Loan will be forgiven after jobs are created and maintained for a 12 month period per the following schedule: 3.3.1 Wages at 110% of AAW ($42,285): $3,000 3.3.2 Wages at 120% of AAW ($46,129): $4,000 3.3.3 Wages at 130% or > of AAW ($49,973): $5,000 3.4 Geyser will maintain its operations within the city limits of Montrose, Colorado, defined as a minimum of net new permanent FTP positions (above the Baseline of 0 employees) for which funds have been disbursed until the termination of the Agreement or by mutual agreement. 3.5 The amount disbursed shall immediately become due and payable to the City in the event that the Grantee relocates all or a portion of its operations from Montrose, Colorado to another location and resulting relocation results in the Grantee not being able to maintain operations in §3 of this Exhibit A. The Grantee shall notify the City within 10 days from the time grantee fails to maintain operations within city limits of Montrose, Colorado.
4 ACCEPTANCE CRITERIA 4.1 Report(s)/Documents Grantee shall be responsible for completing the activities of the Work, and shall provide to the City documentation as required under this Grant. 4.1.1 The Grantee shall submit the following documents to the City at the time of the execution of this agreement: 4.1.1.1 Quarterly SUTA and Quarterly Employment reports for the year 2019. 4.1.2 The Grantee shall submit the following documents to the City prior to the disbursement of any funds: 4.1.2.1 Quarterly SUTA and Quarterly Employment reports in accordance to the dates in 2.2. 4.1.2.2 A copy of the Annual Calendar Year Report provided to the
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State, and any other documents provided to the state to satisfy their grant requirements. 4.1.3 The Grantee shall submit a Final Report no later than September 30, 2025 based on July 31, 2025 data and reports: 4.1.3.1 A Quarterly Employment Report for the current and final Quarter; 4.1.3.2 Detailed documentation of all expenditures utilizing the $40,000 cash grant for advertising; 4.1.3.3 Detailed documentation of all expenditures utilizing the $4,500 cash grant for building lease assistance;
4.2 As of the date of execution, the Grantee acknowledges that there has been no adverse material change in the Grantee’s financial position that would adversely affect the Grantee’s ability to meet the performance requirements state in this Grant or make unreasonable or unreliable any of the financing assumptions upon which the City Council’s approval was based or upon any other aspect of which the City is a part.
5. PAYMENT 5.1 Payment Payments shall be made in accordance with the provisions set forth in this Grant and Exhibit A. Grantee shall request reimbursement in accordance with the provisions of § 5.3 of this Exhibit A. 5.2 Schedule Requests for payment shall be initiated by the Grantee in accordance with the provisions of § 5.3 of this Exhibit A and shall follow this schedule:
Grant Title Grant Amount, Grant Schedule Credit of Service to be Provided Incentives for Job The City will forgive Net new permanent Creation up to $5,000 per net FTP positions created new permanent FTP between August 1, position that meets the 2019 and July 31, 2025 obligations specified in will be eligible for loan §3.2, §3.3 and §3.4 of forgiveness not to this Exhibit A, up to an exceed a total of estimated 98 net new $155,000. Grantee is permanent FTP eligible to receive the positions by July 31, full $155,000 upon 2025. loan closing. This loan will be repaid through
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performance of job creation or by cash by July 31, 2025, with a pro rata repayment deduction after each qualifying job is maintained for a 12 month period. Marketing City will provide The City will not $40,000 in joint provide matching funds marketing incentives to for advertising / highlight Montrose, marketing if Geyser is Colorado as accepting matching Headquarters of Geyser funds from other Technologies, or any of sources regarding the its subsidiaries. Geyser same advertising / will endeavor to marketing piece or publicize Montrose, product. Colorado as an outdoor recreation destination and to promote the sale of its products in magazine articles, advertisements and social media. For grant eligibility, the advertising must promote the community along with the company, by featuring “Montrose, Colorado.” The City’s Office of Business and Tourism will approve in advance, any marketing intended to be eligible for reimbursement. Approval will not be unreasonably withheld as long as “Montrose, Colorado” is featured. Lease City will reimburse Between December 31, Geyser Technologies 2019 and December 31, up to $4,500 for the 2020 the City, upon remainder of it receiving an invoice
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2019/2020 lease at 425 and proper Kristin Court, Unit 1, documentation, will Montrose, CO. reimburse Geyser or make payment directly to the landlord.
5.3 Payments and Deficiencies in Employment Upon receipt of this executed agreement and loan documents from Region 10, the City will arrange a loan disbursement of up to $155,000. Per the schedule outlined in this agreement Geyser Technologies will submit Quarterly Employment and SUTA Reports. The number of net new permanent FTP positions (positions created and maintained for one year) shall be the difference between the Quarterly Employment and SUTA Reports aggregate FTP for Montrose submitted with the Request for Payment and the Baseline level of 0 FTP for the Grantee in Montrose. All eligible net new permanent FTP positions shall be maintained for at least 12 months after its hire date. To determine whether the newly created net new permanent FTP positions meet the Average Annual Wage Rate, the pay level (as of the Request for Forgiveness date) for the net new permanent FTP positions must be equal or greater than $38,441 as described in § 3.3 of this Exhibit A.
6. ADMINISTRATIVE REQUIREMENTS 6.1 Accounting 6.1.1 At all times from the Effective Date of this Grant until completion of the Work, the Grantee shall maintain properly segregated books of City Grant Funds, matching funds, and other funds associated with the Work. 6.1.2 All receipts and expenditures associated with the Work shall be documented in a detailed and specific manner, and shall accord with the Work Budget set forth herein. 6.2 Monitoring 6.2.1 The City shall monitor the Work on an as-needed basis. The City may choose to audit the activities performed under this Grant. Such audit will be requested by the City via electronic media, and all documentation shall be made available for audit by the City within 30 days of such request. Grantee shall maintain a complete file of all records, documents, communications, notes and other written materials or electronic media, files or communications, which pertain in any manner to this Grant. Such books and records shall contain documentation of the participant’s pertinent activity under this Grant in a form consistent with good accounting practice.
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Blaine Hall McClaren, Wilson & Lawrie, Inc. Chief of Police City of Montrose 8705 North Central Avenue 433 S 1st Street Montrose, CO 81401 Phoenix, Arizona 85020
602.331.4141 Re Scope: Montrose Police Facility Project Proposed Scope / Technical Advisor / Design Assist
Dear Chief Hall:
Thank you for this opportunity to offer Technical Advisor / Design Assist Consulting Services to the City of Montrose for your new Police facility project.
We are very eager to work with the City to help realize the dream of its citizens and your staff for a new police facility on your current police site. Our proposed corresponding fee to accomplish this scope is itemized in the accompanying Exhibit A.
The following text describes our suggested scope for McClaren, Wilson and Lawrie, Inc. Providing Technical Advisor / Design Assist services.
McClaren, Wilson and Lawrie, Inc. is referred in this letter as MWL and McClaren, Wilson, and Lawrie interchangeably. I commit to lead MWL’s team and be the primary point of contact. I will be supported by a senior Project Architect Leo McGill (who worked on Aspen and Steamboat Springs and is a long term MWL Project Manager).
Our scope assumes MWL’s role as an integral part of the City of Montrose’s planning team throughout all phases of the project.
Our scope includes:
Pre-Design Phase During pre-design phases we will assist the City by programming (or fine-tuning an existing program) to conform with short and long-term Architects and Planners needs and budgetary limitations.
www.mwlarchitects.com After our space program is confirmed, MWL will assist in the City evaluation process / selection of the architect / engineer (who will Arizona Illinois Virginia become the architect-of-record preparing all design and bid / construction documents.
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With MWL on the Montrose development team in our design assist role, your options to select the Architect-of-Record may include firms without prior police facility experience as MWL will support them with specialty data and details. This will allow Montrose the ability to give full consideration to any architectural firm with a proven track record in providing excellent service to municipal clients. We are especially adept working with local firms. In fact, many of the architects selected for our projects have had no prior (or very limited prior) independent experience in the design of a police station prior to undertaking that project. That was the case in Avon, Aspen, and Parker.
General Pre-Design Tasks • Project definition steps to prepare a building program. • Development of a concept building and site plan. • Development of a project budget (hard and soft costs). • Assistance in procurement of the Architect of Record. • Assistance in confirmation / determination of the delivery method.
RFQ for architect • Assist with the development of RFQ for architectural services. • Assist in answering questions posed by prospective architects. • Objectively assist Owner’s in review of the eventual submissions. • Attend presentations and interviews of short-listed architects. • Offer opinions of the appropriateness of the submissions.
RFQ for Construction Manager (CM) • Assist with the development of the CM RFQ. • Assist in answering questions posed by prospective CM’s. • Objectively assist Owner’s in review of the eventual submissions. • Attend presentations and interviews of short-listed CM’s. • Offer opinions of the appropriateness of the submissions.
Design and Construction Documents Phases In our technical advisor / design assist role we will move from defining and budgeting your project into a role where we assist the City and the architect with their efforts developing comprehensive bid and construction documents.
In our design assist role, we will work closely with the selected architect to resolve technical design issues assisting with the specialty design data, details and specifications they will need to refine and for incorporate into their project bid and construction documents. At pre- determined intervals MWL will assist the City in the review of progress documents submitted for review by the architect.
Typically, during design phases conditions become known that affect project costs (examples might include determination that utility
207 upgrades are needed, building codes change, new equipment is obtained that requires infrastructure etc.). When that happens MWL will assist the City and architect with the on-going fine-tuning (value engineering) of the project to reflect budgetary demands.
General Design and Construction Documents Specific Tasks MWL will: • Work side-by-side with the City and Architect to develop and finalize a building and site plan. • Review the architects proposed design elevations for conformance with security issues (Examples include cladding, fenestration and utility intakes). • Assist in developing the building specialty equipment schedule. • Prepare detailed room criteria data sheet design guidelines. The room data sheets will identify special equipment needs, specialty items including, but not limited to, special finishes, security devices, special fire suppression systems, special power requirements and biohazard resistant needs. • Assist in determination of overall security systems. MWL will recommend the generic type and location of security devices (closed circuit camera, duress alarm, overtemp alarm, intrusion alarms, doors control etc.) Security system data will be turned over to the architect whose hardware consultant and engineers will be expected to finalize design of security systems and prepare bid / construction documents of same. • Assist in development of the key specialized detailing (security, weapons, interview, evidence, lab etc.). MWL’s work will include the preparation of dimensioned sketches (and interior elevations where needed) for all laboratory casework, laboratory sinks, built-in specialty equipment, and fume hoods, specialty storage (magazines), ballistic glazing etc. These sketches will be turned over to the Development Team as REVIT files to input into their model. • Assist in specifications for specialized equipment. • MWL will participate by phone, video teleconference and in-person to answer questions regarding technical issues regarding specialty areas of the design posed by the Architect, Mechanical, Electrical and Plumbing (MEP) Engineers for the project. • Assist the Owner in review of Design and Construction Documents prepared by the Architect. • If, upon completion of key phases, periodic cost estimates indicate that actual costs exceed the City of Montrose’ budget, MWL will assist the City, CM and Architect in value-engineering efforts to return the project into budget conformance. • Upon Completion of the Design Development (DD) Phase MWL will assist the City in the review the Architect’s DD submission. We will comment on adequacy of documents, note problems and concerns.
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• MWL will attend any / all key presentations.
Biding and Construction During bidding and construction, there will be questions posed by the builder regarding potential options to products we specified.
• During bidding MWL will assist in the evaluation of any substitution requests submitted by bidders for specialty items identified by MWL. MWL will: • Review shop drawings and submittals for specialty equipment we specified. • Answer construction related Requests for Information (RFI’s) initiated by the City and / or Contractor regarding products recommended or specialty equipment / details prepared by MWL. • Perform one inspection at 30% of construction (inspection of the project just prior to installation and closure of gypsum wallboard to inspect plumbing and infrastructure) and one at approximately 75 % of construction and at substantial completion / punchlist.
Additional Services: Additional service(s) will be those requested beyond the core services listed in this scope and priced in Exhibit A. Additional services may require additional compensation (i.e. for services beyond those eventually identified in the scope and fee) and will be performed after receipt of a written authorization to proceed from the City of Montrose.
Reimbursable Travel Expenses: Travel and on-site meetings in Montrose are limited to the trips identified in our fee breakdown and as noted above. Additional trips requested by the City will require additional reimbursable expenses.
Invoices: We will invoice monthly for services performed.
Payments: If payments for completed work are not received within 60 days from the date of invoice, MWL may exercise the option to cease work on the project until full payment is received.
Once full payment is received, MWL will evaluate any schedule impacts and commence work.
209 Thank you for this opportunity to provide service to the City of Montrose.
Sincerely,
James Lewis McClaren, AIA, NCARB Senior Principal: McClaren, Wilson and Lawrie, Inc.
210 McClaren Wilson & Lawrie, Inc. Exhibit A - Scope / Fee City of Montrose, CO Police Facility 1/10/20 Owner's Technical Advisor / Design Assist HOURS
TOTAL Venue SR. PRINC SR. ARCHT ARCH TECH Consulting Architects - MWL McClaren McGill Salazar Predesign / Project Definition Phases Set up project files 2 2 OFC Input past programming data into MWL format 8 8 OFC Prepare overall project schedule 8 8 OFC Site Visit #1: Council worksession re: schedule / delivery options 16 16 Trip #1 Assist City w/reviews of Owner's Rep proposal 4 4 OFC Site Visit # 2: Owner's Rep interviews 16 16 Trip #2 Site Visit # 3 Staff interviews (update / confirm spaces in program) 24 24 48 Trip #3 Finalize program spreadsheet 1 8 9 OFC Prepare concept design / Initial pricing plan Input City furnished site survey data (create base sheet) 2 12 14 OFC Develop overall project schedule 8 8 OFC • Site plan option studies 24 32 56 OFC • Floor plan option studies 24 32 56 OFC • Prepare presentation materials for citizens forum 12 12 24 OFC Review of MWL concept plans options / citizens forum Site Visit # 4 Review concept plan options / conduct public forum 16 16 Trip #4 Apply Montrose input / finalize concept plans for costing by Owner's 12 2 32 46 OFC Rep Assist / serve as resource to Owner's Rep's costing effort Prepare preliminary room data info and equipment info for pricing 2 8 10 OFC Serve as resource to Owner's Rep / City (refine options to meet cost 4 8 12 OFC goals) Site Visit # 5 Presentation of concept and costing 16 16 Trip #5 Assist in preparation of RFQ for architect / engineer team (A/E) 8 8 OFC Assist in review of A/E proposals 4 4 OFC Site Visit # 6 A/E interviews 16 16 Trip #6
TOTAL HOURS 217 60 120 397 AVERAGED HOURLY RATE $235 $195 $105 $190 SUBTOTAL SERVICES COST $50,995 $11,700 $12,600 $75,295 SUBTOTAL COST OF TRAVEL $7,012 TOTAL LUMP SUM FIXED FEE PREDESIGN SUPPORT $82,307
Plus Anticipated Reimbursable Travel Expenses: Airfare (NS Economy) 7 400 $ 3,080 Hotels (Gov. Contractor Rate + Taxes) 9 145 $ 1,436 Rental Car 16 75 $ 1,320 Per Diem (Meals) 13 55 $ 787 Airport Parking / Couriers Etc. 13 30 $ 390 $ 7,012
211 Design Phases SD Schematic design (Owner's technical design assistance to a/e team) Workshop - assist selected A/E team in floor and site plan 16 16 Trip #7 development / refinement Assist Owner in providing input on A/E floor plan development 24 2 24 50 OFC Provide Owner furnished technical design assistance to A/E team: forensic science la b equipment / casework, other special equipment 12 16 4 32 OFC (weapons lockers, evidence lockers / storage etc.), security items / ballistic glazing etc. Prepare outline specifications for recommended police specialties 1 8 9 OFC Prepare Owner's room data sheets for pricing of specialty areas. MWL will prepare room data that Identifies special needs for finishes, specialty systems (example: anti-ligature products, sprinkler 8 24 4 36 OFC heads, interview rooms data etc.), specialty security equipment and other recommendations (for incorporation by A/E team). Web Assist Owner W/(2) Internet mtg's (to review A/E team's schematic 4 4 8 Conferen design) ce Assist Owner with evaluation of value engineering (ve) options 8 8 OFC posed by developer team Participate in phase end on-site SD presentation 16 16 Trip #8 TOTAL HOURS 89 54 32 175 AVERAGED HOURLY RATE $235 $195 $105 $199 SUBTOTAL SERVICES COST $20,915 $10,530 $3,360 $34,805 SUBTOTAL COST OF TRAVEL $1,891 TOTAL LUMP SUM FIXED FEE SCHEMATIC DESIGN $36,696
Plus Anticipated Reimbursable Travel Expenses: Airfare (NS Economy) 2 400 $ 880 Hotels (Gov. Contractor Rate + Taxes) 2 145 $ 319 Rental Car 4 75 $ 330 Per Diem (Meals) 4 55 $ 242 Airport Parking / Couriers Etc. 4 30 $ 120 $ 1,891
212 DD Design development phase (Owner's technical design assistance to a/e team) Prepare the Owner's security matrix. MWL to identify locations for security devices (visual surveillance devices, surveillance monitors, door access and control devices, duress alarms and intrusion 8 32 24 64 OFC alarms). A/E team will then take this data to select all specific devices products, design and engineer the fully integrated security system in full coordination with hardware. Assist Owner in review for conformance with room data sheets. 1 24 25 OFC Prepare enlarged plans: lab, evidence bag tag, weapons maint. 1 24 24 49 OFC etc. (work may be submitted in sketch form or in BIM - tbd) Assist Owner in answering questions posed by builder's a/e team - 12 2 2 16 OFC as final refinement of the plan ocurrs. Assist Owner in review of A/E specs (specialties) to review staff lockers, ballistic specialties and glazing, k-rated bollards, evidence 1 12 4 17 OFC equipment and lab equipment.
Assist owner with recommendations for special audio video systems and placement of video monitors, etc. Design and engineering of 2 4 6 OFC AV systems with A/E's low voltage consultant. Attend (1) design progress meeting (location tbd) 16 16 Trip #9 Assist Owner with red-line review of progress documents 4 24 28 OFC
Assist Owner with ve questions posed by A/E 4 2 6 OFC
TOTAL HOURS 49 124 54 227 AVERAGED HOURLY RATE $235 $195 $105 $182 SUBTOTAL SERVICES COST $11,515 $24,180 $5,670 $41,365 SUBTOTAL COST OF TRAVEL $946 TOTAL LUMP SUM FIXED FEE DESIGN DEVELOPMENT $42,311
Plus Anticipated Reimbursable Travel Expenses: Airfare (NS Economy) 1 400 $ 440 Hotels (Gov. Contractor Rate + Taxes) 1 145 $ 160 Rental Car 2 75 $ 165 Per Diem (Meals) 2 55 $ 121 Airport Parking / Couriers Etc. 2 30 $ 60 $ 946
213 Post-pricing (GMP) design and construction phases CD Construction documents Assist Owner w/final review of builder's refinement of specialized 1 8 4 13 OFC details and specifications. Web Team internet coordination meetings (2) 4 4 8 Conferen Red-line review of progress documents 2 24 26 OFC TOTAL HOURS 7 36 4 47 AVERAGED HOURLY RATE $235 $195 $105 $193 SUBTOTAL SERVICES COST $1,645 $7,020 $420 $9,085 SUBTOTAL COST OF TRAVEL $0 TOTAL LUMP SUM FIXED FEE CONSTRUCTION DOCUMENTS $9,085
Plus Anticipated Reimbursable Travel Expenses: Airfare (NS Economy) 0 400 $ 0 Hotels (Gov. Contractor Rate + Taxes) 0 145 $ 0 Rental Car 0 75 $ 0 Per Diem (Meals) 0 55 $ 0 Airport Parking / Couriers Etc. 0 30 $ 0 $ 0
Bid Out Assist Owner w/review of substitution requests / answer bidder 1 2 0 3 OFC questions TOTAL HOURS 1 2 0 3 AVERAGED HOURLY RATE $235 $195 $105 $208 SUBTOTAL SERVICES COST $235 $390 $0 $625 SUBTOTAL COST OF TRAVEL $0 TOTAL LUMP SUM FIXED FEE BIDDING $625
Construction Assist Owner in responses to builder's field information requests (2 2 24 2 28 OFC Mo X 14 Months) Assist Owner in review of builder's submittal's on items police 2 24 26 OFC specifialty items. Assist Owner in monitoring constr progress: 2 site visits during Trips # 16 16 32 Construction 10, 11
Particiapte W/Owner in punch list: participation limited to one (1) 16 16 Trip #12 punchlist
TOTAL HOURS 36 64 2 102 AVERAGED HOURLY RATE $235 $195 $105 $207 SUBTOTAL SERVICES COST $8,460 $12,480 $210 $21,150 SUBTOTAL COST OF TRAVEL $2,837 TOTAL LUMP SUM FIXED FEE CONSTRUCTION ADMINISTRATION $23,987
Plus Anticipated Reimbursable Travel Expenses: Airfare (NS Economy) 3 400 $ 1,320 Hotels (Gov. Contractor Rate + Taxes) 3 145 $ 479 Rental Car 6 75 $ 495 Per Diem (Meals) 6 55 $ 363 Airport Parking / Couriers Etc. 6 30 $ 180 $ 2,837
214 Total Services Labor Expenses Total RFP Pre-design support $75,295 $7,012 $82,307 SD Schematic design (Owner's technical design assistance to a/e $34,805 $1,891 $36,696 team) DD Design development phase (Owner's technical design $41,365 $946 $42,311 assistance to a/e team) CD Construction documents $9,085 $0 $9,085 Bid Out $625 $0 $625 Construction $21,150 $2,837 $23,987 Total Proposed Services: $182,325 $12,685 $195,010
Notes: 1. ALL TRAVEL is budgeted as part of MWL lump sum. No receipts are provided. Most travel costs assume 14-day advance notice. 2. Recommendations for all electronic security related devices will be limited to (on behalf of the Owner) identifying the type of product required and a recommended location for the device. Our scope does not include selecting specific product, engineering of the systems or interface and systems integration with hardware. 3. Although MWL will identify where special requirements are needed for ventilation etc., we are not mechanical engineers and cannot provide direction or suggest technical requirements for such things as air changes per hour etc. We can only identify where the mechanical engineer needs to address specific needs, such as at narcotic storage rooms and lab areas. MWL will specify Lab casework and fume hoods, but not the exhaust system from the fume hoods.
Abbreviations: a/e = architect / engineering, MWL = McClaren Wilson & Lawrie, OFC = office, SF = square feet, tbd = to be determined, ve = value engineering
215 CONTRACT AWARD RECOMMENDATION
TO: Honorable Mayor and Members of the City Council FROM: Jim Scheid, Public Works Manager DATE: January 20, 2020 RE: Asbestos Abatement Contract Award CC: William Bell
Action Approve a contract for the asbestos abatement of two structures located at 439 South 2nd Street and 430 South 1st Street.
Background The City of Montrose received bid packages through the formal invitation to bid process on January 8th to abate the asbestos in the old Wells Fargo drive thru building (which is between the existing Police Department and the Elks Building) and Kennedy and Co building (which is the building to the East of the building that All Points transit is using as their office building.) Both of these properties are owned by the City of Montrose. The abatement of these two structures is required prior to demolition and the demolition of these structures is planned to allow for the construction of the new Police Department.
Schedule Asbestos abatement would start after the potential approval on February 3rd. There would be a 7 week schedule allowed for the abatement process.
Project Bidding The City of Montrose received eleven (11) bid packages for the asbestos abatement of two structures located at 439 South 2nd Street and 430 South 1st Street. Of the eleven (11) bid packages received, six (6) met procurement standards and provided all of the information requested in the invitation to bid documents. Qualifying bids were received as follows:
CONTRACTOR NAME BID TOTAL ARC ABATEMENT (Grand Junction) $89,700.00 PEAK ENVIRONMENTAL (Denver) $92,151.00 ORION ENVIRONMENTAL (Commerce City) $94,200.00 MJB ENVIRONMENTAL (Fountain) $110,044.00 JKS INDUSTRIES (Lakewood) $121,180.00 COLORADO HAZARD CONTROL (Pueblo) $122,813.00 *Bid totals are for the completed abatement of both properties.
216
Contract Administration and Project Financials Staff recommends that ARC Abatement of Grand Junction Colorado be awarded bid number 19- 042 the asbestos abatement of two commercial structures for a not to exceed amount of $89,700.00. This project will be funded by the 2020 budget GL# 150-5080-353-000. This was not a budgeted project for 2020 but was included in the anticipated costs of the construction of the new Police Department.
217 PURCHASE RECOMMENDATION
TO: Honorable Mayor, and Montrose City Council FROM: Jim Scheid, Public Works Manager Cc: William Bell, City Manager Shani Wittenberg, Finance Director Shane Brandt, Fleet Division Superintendent DATE: January 13, 2019 Subject: Bid#19-041 Vehicle Purchase Results and Recommendation
Recommendation Approve the Purchase of 21 Ford vehicles from Montrose Ford.
Background On January 8th, 2020, the City of Montrose accepted bids for 21 new Ford vehicles. 9 Police Interceptors (5 replacement, 4 additional) 5 Detective F-150’s (3 replacement, 2 additional) 1 Ranger Evidence (replacement) 1 F-150 for Wastewater Treatment (replacement) 1 F-150 for Fleet (replacement) 1 F150 for Animal Control (replacement) 1 F-150 for Parks (additional) 1 F-350 for Streets (replacement) 1 F-250 for Streets (replacement)
14 of the vehicles are replacements that are budgeted in the Fleet Division Vehicle Equipment budget 600-8005-943-000. The other 7 additional vehicles paid for out of the Public Safety Fund and the Parks Budget.
The City received two (2) bids and both were qualified and complete. The Bids are as follows:
COMPANY PRODUCT COST Montrose Ford, Montrose CO $1,027,790.00 Sill-TerHar Motors, Broomfield CO $997,407.00
City Staff recommends purchasing from Montrose Ford. When applying the local preference, Montrose Ford’s bid is $977,790.00 for comparison purposes.
Net Financial Impact
The budgeted amount for all of the purchases combined is $1,051,300.00 which is a savings of $23,510.00 if awarded to Montrose Ford in the amount of $1,027,790.00.
218 PROPERTY PURCHASE CONSIDERATION
TO: Honorable Mayor and Members of the City Council FROM: Scott Murphy, City Engineer DATE: January 29, 2020 RE: Partial Purchase of Parcel 376729107002 on the Uncompahgre River CC: William Bell, Shani Wittenberg
Action Consider the purchase of 2.815 acres of Montrose County Parcel 376729107002 along the Uncompahgre River at a purchase price of $183,000.
General Summary/Project Driver This purchase would be for the lower 2.815 acres of a larger 5.946 acre parent parcel located west of the Montrose Urban Renewal Authority, east of Marine Road, and immediately north of City-owned property as shown in the attached Figure 1. The property is needed to construct Phase I of the Uncompahgre River Improvements Project starting in the fall of 2020. The area generally consists of wetlands, floodplain/floodway, and would be used for river side channels, public fishing, and backwater rearing habitat areas as shown in Figure 2. Purchase of this property also aligns with Uncompahgre Riverway Master Plan recommendations to purchase sensitive riparian areas along the Uncompahgre River to ensure their preservation and public enjoyment.
Determination of Value As part of the purchase process, the property was appraised by Roberts Appraisals (Lisa Roberts) on July 2, 2019 and was valued at $50,000 per acre. For the 2.815 lower area, this equates to a total valuation of $140,750. Negotiations with the property owner started in June and lasted until October of 2019. The ultimate agreed-upon purchase price was $183,000.
Purchase Documents Partial property purchases such as this one are generally handled using a memorandum of agreement. The memorandum of agreement for this purchase is included as an attachment to this document. If the purchase is approved, this document would be executed by the City Manager and the property would be closed on shortly after. Closing will take place at Fidelity Title here in Montrose.
Project Financials As is typical of real estate expenditures, purchase of this property is proposed to be funded using City reserves. Property purchases are generally not included in the annual budget as doing so could put the City at a disadvantage when performing purchase negotiations.
219 Colorado Outdoors Larger “parent” parcel Parcel No: 376729107002
Existing City-Owned Property
Figure 1: Parent Parcel Location
220
Phase I Uncompahgre River Improvement Plans
2.815 Acre Property Purchase under Consideration
221 222 223 224 CONTRACT AWARD CONSIDERATION
TO: Honorable Mayor and Members of the City Council FROM: Scott Murphy, City Engineer DATE: January 8, 2020 RE: 6530 Road Bridge Deck Replacement Project Contract Award CC: William Bell, Shani Wittenberg
Action Consider the award of construction and engineering support contracts totaling $423,325.50 for construction of the 6530 Road Bridge Deck Replacement Project.
Background The City owns a 56 foot span, steel girder bridge over Cedar Creek on 6530 Road at the location shown in the attached Figure 1. During routine bridge inspections and in response to maintenance requests, it was discovered that the existing bridge deck over these girders was failing near its ends and in need of repair. City street maintenance crews have been able to perform short-term repairs necessary to keep the deck safe and passable; however, these repairs are temporary in nature and the bridge deck is ultimately in need of replacement. Photographs of the existing bridge condition are included as Photos 1 through 3.
In response to these issues, the City of Montrose hired DOWL (Montrose, CO) in late 2018 to perform structural designs and prepare construction drawings for the bridge deck replacement. This design was completed and the project publically bid in June of 2019. Only two bids were received from this bid solicitation, the lowest being approximately $510k. This bid was higher than budgeted and anticipated by the engineer’s estimate. The City also heard from the contracting community that many contractors were experiencing high workloads at the time and did not submit bids for that reason. As a result of these factors, the City elected to rebid the project in late 2019.
Project Bidding and Contract Award Construction of the 6530 Road bridge deck replacement project was re- bid on December 5, 2019 and bids were publically received on January 8, 2020. Bids were received from five contractors as summarized in Table 1 below. It should be noted that these bid totals also include a 10 percent contingency.
TABLE 1 6530 ROAD BRIDGE DECK REPLACEMENT RE-BID Summary of Bid Results Contractor Location Bid Total Ridgway Valley Enterprises Montrose, CO $408,325.50 Skip Huston Construction Montrose, CO $462,663.48 Con-Sy Inc. Grand Junction, CO $499,130.50 Mountain Valley Contracting Montrose, CO $544,139.75 Mueller Construction Glenwood Springs, CO $544,965.30
225 The low bidder, Ridgway Valley Enterprises, is considered qualified to perform the work and the City has recent positive experience working with them on the North 9th Sewer Replacement Project. The City’s local preference policy would not change the outcome of bidding in this case.
Although much of the inspection and survey work will be performed by the City of Montrose, the City is not qualified to inspect some of the more specialized structural elements required on this project. As a result, the City recommends these structural design elements be inspected by the design engineer to ensure conformance with the plans. To that end, we are also recommending award of an engineering support contract to DOWL. This scope of work is budgeted at $15,000 on an as-needed, time and materials basis based on a proposal provided by the consultant.
Schedule & Traffic Control The project is setup to include a 70 calendar day closure window (subject to extensions for out-of-scope work items) with an ultimate completion date in June of 2020. That is, once the contractor closes the roadway to perform the bridge deck replacement, they must substantially complete the work and reopen the roadway within 70 calendar days and no later than June 2020.
Since the project includes a full replacement of the relatively-narrow bridge deck, there is no cost-effective means to avoid a full closure of 6530 Road at the bridge. This closure will result in the detour route shown in the attached throughout construction.
Contract Administration and Project Financials Contract administration and project management will be performed by the City of Montrose engineering department. The 2020 budget included $520k in the capital improvement line for this project; placing the anticipated cost approximately $97k below this budget.
226
Figure 1: Project Location
227
Photo 1: General Bridge Overview
228
Photo 2: Bridge Deck Failures at Surface
229
Temporary Repairs Performed by City Crews
Photo 3: Condition of Bridge Deck from Below
230 SC
"SOFT" CLOSURE. CONES AND TYPE 3 BARRICADE WITH "ROAD CLOSED AHEAD, LOCAL TRAFFIC ONLY" SIGN (TYP., 4 LOC)
SC
PROPOSED DETOUR ROUTE. SIGN AT REGULAR INTERVALS AND AT ALL INTERSECTIONS.
SC
HC PLACE HARD CLOSURE AT EACH END OF BRIDGE WITH CONCRETE BARRICADES AND ROAD HC CLOSED SIGNAGE (TYP., SC NOTE: 2 LOC) PLACE BARRICADES SUCH THAT ACCESS TO EXISTING DRIVEWAYS IS MAINTAINED THROUGHOUT CONSTRUCTION.
CITY OF MONTROSE 6530 BRIDGE DECK REPLACEMENT ENGINEERING DEPARTMENT INVITATION TO BID FIGURE 1221 64.50 RD. MONTROSE, COLORADO MONTROSE, CO 81401 PH: 240-1480 FAX: 252-4780 WWW.CITYOFMONTROSE.ORG TRAFFIC CONTROL AND DETOUR ROUTE 1 231 CONTRACT AWARD RECOMMENDATION
TO: Honorable Mayor and Members of the City Council FROM: Scott Murphy, City Engineer DATE: January 9, 2020 RE: Woodgate Road Realignment Design Contract Recommendation CC: William Bell, Shani Wittenberg
Action Consider the award of a professional services contract to Del-Mont Consultants in the amount of $99,200 for completion of design studies and civil design associated with the Woodgate Road Realignment Project.
Background Woodgate Road currently joins Townsend Avenue approximately 350 feet south of Townsend’s signalized intersection with East Oak Grove as shown in Figure 1. The intersection is controlled with a stop sign on Woodgate and allows left turns both to and from Woodgate. It is not uncommon for northbound queues at the Townsend signal to back up past Woodgate, leading to heavy congestion and reduced efficiency of both intersections.
In addition to the congestion caused by this configuration, the short stretch of Townsend Avenue between East Oak Grove and Woodgate is a bottleneck for north-south traffic trying to avoid Townsend Avenue on its eastern side. The first north-south arterial roadway east of Townsend Avenue is Hillcrest Drive which typically sees up to 10,000 vehicles per day. The City has recently completed two roundabouts on the Hillcrest corridor and extended the roadway at its southern end down to East Oak Grove as shown in Figure 1. Hillcrest could not be extended south of East Oak Grove given the presence of a residential neighborhood constructed in the 90’s. As a result, through traffic on East Oak Grove and Hillcrest destined for the south end of town is left to go down to the signal at Townsend since no other arterial routes exist nearby. Once on Townsend, many go south for 350 feet and then back onto Woodgate. Alternatively, given the signal’s low capacity for left turns onto Townsend, some motorists will shortcut through residential neighborhoods as shown on the figure.
In response to these issues, the City envisions closing off Woodgate’s intersection with Townsend Avenue and realigning Woodgate Road to connect with East Oak Grove Road. The conceptual realignment for this project is included as Figure 2 and is also depicted on the City/CDOT’s US550 Access Control Plan. It should be noted that this realignment is conceptual in nature and subject to change as part of the detailed design and public/business outreach envisioned for this project.
Once the footprint of the realignment is finalized the City would work to purchase all rights of way necessary for the project and potentially budget its construction in future years’ budgets.
Request for Proposals and Design Team Recommendation On December 13, 2019 the City of Montrose issued a request for proposals to procure a design team to perform the following key work tasks for the realignment project: Perform a traffic design study to evaluate various roadway alignment alternatives Assist with public outreach to solicit feedback from residents and affected property owners Perform all project survey, roadway design, and construction drawing preparation
232 Proposals were publically received on January 8, 2020 from three consultants summarized in Table 1 below. Following receipt of the proposals each was evaluated by the City of Montrose Engineering Department and a score between 0 and 4 assigned to each based on weighted evaluation criteria. The resulting scores are also summarized in Table 1 with a detailed scoring sheet included as an attachment to this document. The weighted evaluation criteria are intended to objectively quantify the best-value consultant for the project.
TABLE 1 Woodgate Road Realignment Design Summary of Proposals Consultant Location Total Price Rating DOWL Montrose, CO $90,980 3.30 Del-Mont Consultants Montrose, CO $99,200 3.70 Drexel Barrell Boulder, CO $127,045 2.45
Based on the evaluation criteria and ratings, City staff recommends contract award to Del-Mont Consultants. This contract would be on a time-and-materials, not-to-exceed basis.
Project Sequence of Events and Schedule The project team intends to have the traffic design studies, evaluation of alternatives, and public outreach completed by the end of April 2020. Following completion of this initial phase, the City will use all information gathered to select a preferred roadway alignment and progress into final design. Property purchases are then expected to start in mid-summer. The duration of the property purchase process is unknown at this time and will depend on the cooperation of adjacent property owners. Project design is expected to be complete by the end of 2020.
Contract Administration and Project Financials Contract administration and project management will be performed by the City of Montrose engineering department. The 2020 budget included $150k in the capital improvement fund for this project; placing the anticipated cost approximately $51k below this budget.
233 2019 ROUNDABOUT
2016 ROUNDABOUT
FUTURE BACKAGE ROAD POSSIBLE WITHIN 10 YEARS
CONCEPTUAL 2018 EXTENSION OF SOUTH HILLCREST REALIGNMENT
EXISTING WOODGATE INTERSECTION
NEIGHBORHOOD FUTURE ARTERIAL SHORTCUTTING CONNECTION ROUTE EXPECTED WITHIN 10 YEARS
CITY OF MONTROSE WOODGATE REALIGNMENT ENGINEERING DEPARTMENT REQUEST FOR PROPOSALS FIGURE 1221 64.50 RD. MONTROSE, COLORADO MONTROSE, CO 81401 PH: 240-1480 FAX: 252-4780 WWW.CITYOFMONTROSE.ORG OVERALL SITE MAP 1 234 WALGREENS PARCEL LINES 0' 150' (TYP.)
EAST OAK GROVE ROAD
RELOCATE ACCESS AND LEFT TURN OR 3 EXPAND 4 MOVEMENT LANDSCAPING*
RDMJK WESTERN CO BANK - MONTROSE (US BANK)
TOWNSEND AVENUE TOWNSEND SEE FIGURE 3 FOR TYPICAL CLOSE INT. ROAD SECTION AND EXTEND SIDEWALK RDMJK
RDMJK
ARLAND DRIVE
RDMJK
MINE SHACK CAR WASH
WOODGATE
*NOTE: RECONFIGURATION OF THE US BANK ACCESS HAS NOT BEEN VETTED WITH THE PROPERTY OWNER YET AND IS SUBJECT TO CHANGE AS THE CITY PERFORMS THIS OUTREACH
CITY OF MONTROSE WOODGATE REALIGNMENT ENGINEERING DEPARTMENT REQUEST FOR PROPOSALS FIGURE 1221 64.50 RD. MONTROSE, COLORADO MONTROSE, CO 81401 PH: 240-1480 FAX: 252-4780 WWW.CITYOFMONTROSE.ORG CONCEPTUAL WOODGATE REALIGNMENT 2 235 WOODGATE REALIGNMENT DESIGN RFP PROPOSAL SCORING MATRIX Bid: 19-044 Date: January 2020 Reviewer: Ryan Cushenan - City of Montrose, Scott Murphy - City of Montrose, Josh Sickles - City of Montrose Overall Presentation, Level of Detail, Team Assigned Previous Personal Schedule Qualifications/Similar Paperwork Other Notes & Proposer Price Project to Project Experience/ Considerations Project Experience (Bid Forms, Addenda, etc) Weighted Score Total Understanding, & Subconsultants Reference Considerations Approach Weight 30% 25% 25% 20%
- Clean, professional proposal - "Countless" roadways and bridges for adjacent counties and Cities - Dan Quigley, PE (Project Manager) - Propose three alternatives City of Montrose Projects - Nick Westphal, PE (Design and Traffic - Discussion of project controls - Sanitary Sewer CIP 1/2 Study, Lakewood Office), 14 years - Traffic study generic, use Synchro - Generally positive but with - South Hillcrest Extension experience - General approach discussion in line with some budget, design, and DOWL - Sunnyside-Hillcrest Roundabout Grading and Survey Support - Joe Rease, PLS (Survey) $90,980 RFP - All OK schedule issues Follows RFP (Montrose, CO) - East Oak Grove Irrigation Relocation - Julee Wolverton, LA (Landscape - Landscape approach discussed, targeting - Mesa-Sunnyside Sewer Replacement Project Design) seamless transition - Green Bridge Replacement Project - Supported by offices in Lakewood, - Little detail in proposal - Golf Course Bridge Eval CO and Billings, MT - Mention experience with open houses - 6530 Bridge Deck Design - All except landscaping in house - No mention of CDOT permitting
Score 4 3 3 3 3.30
- Majority of proposal was focused on project-specific approach, methodology, and challenges - Provided detailed alternative drawings - Envision two alternatives, provide detail - Steve Stevenson, PE (Principal) - Riverbottom Drive Reconstruction on each - David Schieldt, PE (Project Manager) - MURA Phase I - Discussion of traffic calming for Vista San Nick Barrett, PLS (Survey) - Columbine Middle School Juan - Rob Duncan (CAD) $95,600 - Positive past experience - Follows provided schedule, Del-Mont Consultants - Montrose Recreation Center - Identify need for CDOT permitting - Skip Hudson (Traffic Sub), 35 years + $3,600 CDOT Permitting = - All OK - History of being under budget feel that they can complete (Montrose, CO) - River Landing - Discuss landowner considerations experience $99,200 and ahead of schedule Task 2 earlier - Oxbow Shopping Center - Discuss future backage road - Julee Wolverton, LS (Lanscape - Skip Hudson: River Landing traffic and signals, traffic studies for numerous - Detailed discussion about impact to Design) site developments in Montrose, Columbine Middle School property owners and ideas to improve their - Team has long history working situation together - Included preliminary construction cost estimates - Landscape approach discussed, targeting seamless transition
Score 3 4 4 4 3.70
- Original designer for Woodgate Road from Townsend to Otter - Designer for Woodgate Improvements and traffic study in front of Rec - Michael Middleton, PE (Principal) Center - Derek Schuler, PT, PTOE (Traffic), 26 - Discuss SB 18-167 for SUE Locates Drexel Barrell - Indiana Avenue Improvements - Fountain years experience $127,045 - Little detail provided on approach or to - All OK - Positive on Woodgate Road - Done by 11/13 (Boulder, CO) - East 58th Avenue - Adams County - PS&E (Traffic Sub) demonstrate understanding of issues - Washington Street - Adams County - Del-Mont Consultants (Survey) - York Street - Adams County - No charge for mileage or travel time -Sheridan Boulevard - Westminster
Score 2 3 2 3 2.45 RATING SCALE 0.0 F Not addressed/omitted, major issues, "dealbreakers" 1.0 D Below average, issues or reservations identified 2.0 C Average, meets expectations 3.0 B Above average, some elements exceed expectations 4.0 A Excellent, well above average and expectations
236