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HomeMy WebLinkAboutResolution-2006-0041 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2006 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE METRO WASTEWATER RECLAMATION DISTRICT FOR THE RELOCATION OF THE WASTEWATER FACILITIES AT YOUNGFIELD STREET AND 40TH AVENUE WHEREAS, the City Council wishes to provide for the construction of certam street improvements on Young field Street from 38th to 44th Avenue; and WHEREAS, the said street improvements require the relocatIOn of eXisting wastewater faCllitles; and WHEREAS, the City has negotiated an Intergovernmental Agreement (lGA) with the Metro Wastewater Reclamation District, for the purpose of relocatmg the facilitles, and, WHEREAS, the cost of relocating the facilities has been approved through project authonzatlOn, and NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Intergovernmental Agreement (lGA) Approved, The Intergovernmental Agreement (lGA) between the City and the Metro Wastewater Reclamation District for Project ITB-06-35, Y oungfield Street Improvements, IS hereby approved and the City Manager IS authorized and directed to execute the same, ThiS ResolutIOn shall be effective immediately upon adoption, DONE AND RESOLVED thiS ~'101-- day of j ~llVW( ,2006 ,/l /~ L' , i< " /I{lt/ lio, Mayor ATTEST G2~OJ--AJ- Pamela Anderson, City Clerk -- INTERGOVERNMENT AL AGREEMENT FOR RELOCATION OF INTERCEPTOR FACILITIES This Agreement, made and entered this ZSH+-day of IVIfrY ,2006 by and between the City of Wheat Ridge and the Metro Wastewater Reclamation District, a metropolitan sewage disposal district organized and existing pursuant to Part 5 of Article 4 of Title 32 of the Revised Statutes of the State of Colorado, hereinafter referred to as "Metro District"; and hereinafter referred to as or individually referred to as "Party" or collectively referred hereto as "the Parties; WHEREAS the Metro District currently owns and operates a sanitary sewer Interceptor, known as the Clear Creek Parallel Interceptor, within City of Wheat Ridge right of way, WHEREAS, the Metro District currently owns and operates a sanitary sewer metering facility known as the Applewood- Y oungfield, Pleasantview- Y oungfield Metering Facility within City of Wheat Ridge right of way, hereinafter referred to as the "Meter Facility"; WHEREAS, the City of Wheat Ridge desires to construct the Y oungfield Street widening Project between W. 38th Ave and W, 44th Ave., which would conflict with the Clear Creek Parallel Interceptor and Meter Facility; WHEREAS, relocation of the Clear Creek Parallel Interceptor and Meter Facility within Project limits, as generally shown on Exhibit A attached hereto, hereinafter referred to as the "Relocation", would eliminate the conflict; NOW, THEREFORE, in consideration of the covenants and mutual promises herein contained and for other good and valuable conSideration, the parties hereto agree as follows: I. The City of Wheat Ridge through its professional consulting engineer Felsburg, Holt & Ullevig shall prepare construction plans and specifications for the Relocation in accordance with Metro District standards as generally shown on Exhibit A. 2. The Metro District shall review. proVide comments and approve the construction plans and specifications. The Metro District's approval shall not be unreasonably withheld or delayed. 3. The City of Wheat Ridge shall pay 100% of the design and construction costs for the Relocation. The City of Wheat Ridge shall provide a finished metering facility complete with an electrical power drop provided by Xcel Energy up to the Master Disconnect. The Metro District shall then relocate all electrical and mechanical metering components and cabinets, which perform the measurement of sewage quantity and strength. from the old meter facility to the new Meter I Facility location. The City of Wheat Ridge shall reimburse the Metro District for all reasonable costs incurred with this work. The City of Wheat Ridge shall not be responsible for operation, monitoring or maintenance of the electrical or mechanical metering components attached to the Relocation. 4. The City of Wheat Ridge shall arrange for the construction of the Relocation, in accordance with the plans and specifications approved by the Metro District, by a competent and qualified contractor. The City shall require its contractor to carry insurance as set forth below, and the Metro Distnct will be included as an additional insured, except for workers' compensation, on a primary and non-contributory basis. Proof of insurance shall be provided to the Metro District prior to commencement of construction. The following coverage shall be provided: a, Commercial General Liability insurance of not less than $2,000,000 each occurrence and $2,000,000 aggregate; b. Worker's Compensation coverage as required by statute; c. Comprehensive Business/Automobile Liability insurance with a combined single limit for Bodily Injury and Property Damage of not less than $1,000,000 per accident; d. Builder's Risk insurance covering the work under this Agreement; and e, Contractor's Pollution Liability insurance with limits of $5,000,000 each occurrence and $5,000,000 aggregate. 5, If the Relocation will require wastewater flow management (i.e, by-pass pumping), the City of Wheat Ridge shall submit a Wastewater Flow Management Plan (WFMP) that conforms with the Metro District's WFMP Specifications. a copy of which is attached as Exhibit B. The City of Wheat Ridge shall submit its WFMP in accordance with paragraph 1,5A of Exhibit B. If no wastewater flow management is required for the Relocation, then no later than ten (10) business days prior to starting construction on the Relocation, the City of Wheat Ridge shall submit to the Metro District a Wastewater Discharge Emergency Response Plan (WDERP) for review. Construction on the Relocation shall not begin until the WDERP has been approved in writing by the City of Wheat Ridge. A contractor implementing the WFMP and/or the WDERP is a contractor to the City of Wheat Ridge, not the Metro District. Therefore, the City of Wheat Ridge and its contractor will be responsible for compliance with all federal, state and/or local environmental laws and regulations and the City of Wheat Ridge will bear all liability for any noncompliance with those laws or regulations, including notification requirements, In the event of a spill, overflow or discharge of pollutants, including raw wastewater, which 2 may cause pollution of state waters I , the City of Wheat Ridge shall immediately notify the following parties: a. Colorado Department of Public Health and Environment, Spill Report Line, 1-877-518-5608; and b. National Response Center, 1-800-424-8802. In addition to the reporting requirements of the paragraph above, the City of Wheat Ridge shall immediately notify the Metro District's Process Control Center (303-286-3275) in the event of any spill, overflow or discharge of pollutants to the environment, regardless of whether or not it may cause pollutIon of state waters, 6. The City of Wheat Ridge shall provide throughout the term ofthe construction ofthe Relocation, competent and qualified project administration and quality control. The Metro District shall have the right to visit the Project and inspect the Relocation work at any time and to confer with the City of Wheat Ridge project administrator. 7. The Metro District shall have the right to review and comment on all shop drawings and other contractor submittals pertaining to the Relocation. The City of Wheat Ridge shall submit four (4) approved legible copies of such shop drawings and submittals to the Metro District prior to construction ofthe work described therein. In addition, all shop drawings and other submittals shall be provided to the Metro District as Adobe Portable Document Format (PDF) files. 8. The City of Wheat Ridge shall notify the Metro District of any change to the construction plans or specifications during construction which involve the Relocation, and shall obtain Metro District approval, not to be unreasonably withheld or delayed, prior to authorizing such change. 9. The City of Wheat Ridge shall be responsible for obtainmg and complying with any permits or approvals necessary from any governmental entity with jurisdiction over the Relocation. 10. The City of Wheat Ridge and the Metro District shall jointly inspect the Relocation during construction and upon completion of construction, and the City of Wheat Ridge shall coordinate and pay for repair of any defects noted, The Metro District shall provide prompt inspection of the Relocation. At time of inspection, should the Metro District find the work acceptable, a written record of Metro Wastewater concurrence will be made in the daily project inspection journal. The City of Wheat Ridge will not be required to remove or replace elements of the Relocation which were given concurrence by Metro District as noted in the daily project inspection journal. I For purposes of this paragraph 5, the phrases "discharge of pollutants" and "state waters" shall have the same meanings as in the Colorado Water Quality Control Act, C,R,S, S 25-8-101 et, seq, 3 II The CIty of Wheat RIdge shall not discharge wastewater to the RelocatIOn untIl the Metro DIstrict has accepted the Relocation for operatIOn and mamtenance The Metro District shall accept the RelocatIOn for operation and maintenance only after the following have been completcd. a. The CIty of Wheat Ridge, has certified that the constructed flow capacIty of the approach channel and pIping downstream of the metering vault mects or cxceeds I 72 millIon gallons per day (MGD) for the Applewood Water and SanItation Dlstnct flows, 7 66 MGD for the Pleasant View Water and SanItatIon DIstrict flows, and 908 MGD for their combmed flow, based on Manning's equation with an .on" value of 0 013 and .oS" equal to the installed pipe and approach channel slope h Final inspection and approval by the Metro District, which will not be unrcasonably withheld or delayed, 12, OwnershIp of the Relocation shall be transferred by qUIt chum deed in the fonn attached hereto as ExhIbIt C by the CIty of Wheat RIdge within thirty (30) days of acceptance of the RelocatIon by the Metro District. Within the hmitations Imposed by the Colorado Constitution and statutes, the CIty of Wheat RIdge shall defend, mdemnify and hold harmless the Metro Dlstnct from any and all demands, claims, liens and encumhrances for work performed by Wheat Ridge or its contractors on the Relocation, 13 The Relocation may reside on the Colorado Department of Transportation (CDOT) R,O W If so then prior to constructIon of the Rclocation, the City of Wheat RIdge shall obtain in wntmg the nght for the facIlitIes to reside on CDOT ROW The CIty of Wheat Ridge shall obtam a permIt from CDOT for the RelocatIon, The permit is generally expected to con tam the CDOT UtIlity/ Relocation/ Special Use PermIt Standard ProvIsIons and General Permit Terms and CondItIOns as shown m ExhIbIt E, 14 Simultaneous WIth the delIvery to the Metro District of an original recordable and properly executed QUIt ClaIm Deed in the form of Exhibit C, as refened to in paragraph 12 above, the Metro Dlstnct shall delIver to the CIty of Whcat Ridge an original recordable and properly executed Release and Quit Claim of pipeline and metering faClhty m the form attached as Exhibit D, to rclcase and relinquish any and all claim to the abandoned pipeline, metering facility and appurtenances, 15 Both partIes acknowledge that due to the Relocation measured flow and samplIng data in the new Meter Facility may be different than those currently bemg regIstered in the existing meter facIlity Followmg Metro Dlstnct approval of the construction plans and speCIficatIons, and Metro Dlstnct acceptance of the Relocation, neither party shall make a claIm that the ncw Mctcr Faclhty requIres conectlOn should flow and samplmg data differ from present data, 16 The City of Whcat RIdge will provide the Metro District with acceptable Record 4 Drawings of the Relocation within 120 days of the Metro District acceptance of the Relocation. 17, The City of Wheat Ridge shall warrant those aspects of the Relocation for which it is responsible, as described at Paragraph 3 herein, for a period of one year from the date of acceptance by the Metro District. The City of Wheat Ridge shall not be responsible for maintenance of the facilities constructed in the Relocation during this warranty period, nor for any aspects of the Relocation which are the responsibility of the Metro District, as described at Paragraph 3 herein. 18. Following Metro District approval of the construction plans and specifications, acceptance ofthe Relocation, and the completion of the one year warranty period, the City of Wheat Ridge shall be released from any and all requirements. 19. Within the limitations imposed by the Colorado Constitution and statutes, the City of Wheat Ridge shall defend, indemnifY and hold harmless the Metro District, its employees, directors, and agents from and against all claims, costs, losses, damages, suits, expenses, liabilities, fines, penalties, and sanctions of every kind (including without limitation, reasonable attorneys fees, court costs, and costs of investigation), arising out of or resulting from performance by the City of Wheat Ridge of the obligations imposed upon it by this Agreement (hereinafter "Metro Losses"). The Parties agree that the scope ofthis indemnification includes, but is not limited to, Metro Losses that may arise under (i) federal environmental laws or regulations such as the Comprehensive Environmental Response, Compensation and Liability Act, as amended by the Superfund Amendment and Reauthorization Act and otherwise, the Resource Conservation and Recovery Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, the Federal Water Pollution Control Act, and all other federal laws relating to the environment, health, or safety; (ii) all applicable state and local laws that relate to the environment, natural resources, health or safety; (iii) all regulations, permits, orders, decrees, binding agreements, and other binding obligations relating to the administration of such federal, state, and local laws; and (iv) all common- law requirements that relate to the environment, health, or safety. Neither Party hereby waives any immunity or defense available to it under the Colorado governmental Immunity Act, CRS 24-10-101 et. seq. 20. The obligations of the Parties are subject to annual appropriation, No multi-year fiscal obligation is intended to be created hereby for which funds are not specifically committed and reserved as of the effective date hereof. In the event of non-appropriation by either Party of funds needed for performance of its obligations hereunder, such non-appropriation shall be deemed a breach of this Agreement, entitling the non-breaching Party to terminate the Agreement, and pursue any remedy available hereunder, In the event of a default, in addition to any remedies that may be available to the Parties in law or in equity, the Parties shall be entitled to seek specific performance or injunctive relief to enforce the provisions of this Agreement. However, prior to filing legal action the Party alleging the default shall first provide notice of the default to the other Party and allow a minimum of fourteen (14) days to cure the default. 5 21. This Agreement shall be construed and enforced in accordance with the laws of the state of Colorado. The Parties consent to venue for any legal action relating to the Agreement being in the District Court in and for the City and County of Denver. In any legal action for damages or to enforce the terms of this Agreement, the prevailing party shall be entitled to recover their reasonable attorneys' fees and costs. 22. The enforcement of the terms and conditions of this Agreement and all rights of action relating to enforcement shall be strictly reserved to the Parties. No third party beneficiary rights shall be created by this Agreement in favor of any person not a Party to this Agreement, unless the Parties mutually agree otherwise in writing. 23. Neither Party shall be liable for any failure to perform as required by this Agreement, to the extent such failure to perform is caused by any of the following occurrences: strikes, labor disturbances or disputes, failure of any governmental (other than the Parties to this Agreement) or third party action or approval required for full performance, riots, civil disorder, war, floods, earthquakes, acts of God, explosion, or similar occurrences outside the control of such Party. 24. Except as otherwise required in this Agreement, any notice shall be deemed to be validly given at the time the notice is delivered in person, received by registered mail, postage prepaid, or transmitted by faCSimile (with confirmation of receipt) to the following addresses. To the Metro District: District Manager Metro Wastewater Reclamation District 6450 York St. Denver, CO 80229 (303)286-3030 To the City of Wheat Ridge Public Works Director City of Wheat Ridge 7500 West 29th Ave Wheat Ridge, CO 80033 (303) 235-2861 6 25. This Agreement is intended as a complete integration of all understandings between the Parties pertaining to the Relocation, No prior or contemporaneous addition, deletion or other amendment shall have any force or effect, unless embodied herein or in a written amendment or other agreement executed by the Parties. This Agreement and any amendments shall be binding upon the Parties, their successors and assigns. 26. In the event any provision of this Agreement is found to be invalid, void, or otherwise unenforceable by a court of competent jurisdiction or by operation of applicable law, such invalid, void, or unenforceable provision shall not affect the validity of the Agreement as a whole and the remainder ofthe Agreement shall be given full force and effect. 7 IN WITNESS WHEREOF, the PartIes have caused thls Agreement to be executed by theIr duly authorized respective representatives as of the date and year written ahove METRO W ASTEW A TER RECLAMATION DISTRICT ~ APPROVED AS TO FORM CITY OF WHEAT RIDGE BY'~ Randy Y a CIty anaaer 0' b B 8 I ~ o :E CD _J "I 1 I ~ o fT1 CD ,~ I !~ ;Its \01 ~ \'" '" ~ ~ ,~ .~ ," i : I .,0::: '};' Il r - I I I MH fCPl C I , ~I >-, ai' ! I L),~ " 1', 1 I 1-'\-t,.(DUAL FL ME) '" NEIl a>:,'-~ I . " ,0-" . ~,y .~ ! PRQPOSEO 18" APPLEWQOIN ~S E~T, 12" 5S . , t I I i, , / PROP -< 1 0 ~ , '., I' ." 1""1 r 0 (J) ~ rrl -l 1"=50' 50 0 50 I scale N " 1 ! '. t \1--: . \' EX' T, '24" 5S-PLEASANT Vl W 237 . -42" STL, CASING r- , I City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge. Colorado 80033 Phone: 303-235-2861 100 I feet Meurer EXHIBIT A YOUNGFIELD METER RELOCATION & ASSOC/ATE;S METRO WASTEWATER RECLAMATION DISTRICT CITY OF WHEAT RIDGE 143 Ur,lon Boulev8Jd Suite 000 LaKbwood, CO 80228 303 ')85 3636 TEL J03 985 3800 F>.x O~I\NIN'J NO I'~A _:<.HlbIT A DATE. ~/OF, F 6r~F 1 ('I- 1 EXHIBIT B METRO W ASTEW A TER RECLAMATION DISTRICT SECTION 02070 W ASTEW A TER FLOW MANGEMENT PLAN PART 1 GENERAL 1 1 SECTION INCLUDES A, Planning and implementation of wastewater flow diversions, 1.2 RELATED SECTIONS A. Section 02072 - Wastewater Discharge Emergency Response Plan, 1.3 SUB MITT ALS A. Wastewater Flow Management: Detailed implementation plan. 1 4 W ASTEW A TER FLOW MANAGEMENT PLAN A, The Contractor shall submit to Metro Wastewater Reclamation District (MWRD) a Wastewater Flow Management Plan (WPMP) at least fifteen (15) working days prior to implementation of flow diversion/bypass, The WFMP shall indicate the sequence of diversion operations, and all other operations the Contractor will establish to maintain wastewater service during the diversion/bypass period, The WFMP shall be reviewed and approved by MWRD before flow can be divertedlbypassed, No deviation from the approved WPMP will be allowed without prior approval from MWRD B The WPMP shall include an Wastewater Discharge Emergency Response Plan indicating the procedures, personnel, equipment, and activities that will be implemented in the event of a wastewater discharge, spill or overflow to the environment, or diversion system failure. The Contractor shall be responsible for implementation of the Wastewater Discharge Emergency Response Plan in accordance with Section 02072, C The Contractor shall observe and comply with all Federal. State, and local laws, ordinances, codes, orders, and regulations which in any manner affect the conduct of the work, specifically as they relate to wastewater discharges, spills, or overflows to the environment. The Contractor shall be fully responsible for preventing wastewater discharges, spills or overflows, containing the wastewater, recovery and legal disposal of wastewater, any fines, penalties, claims and liability arising from negligent or willful discharge of wastewater, and violation of any law, ordinance, code, order. or regulation as a result of the discharge, spill or overflow The Contractor shall be responsible for payment of any fines or penalties assessed against MWRD for such wastewater discharges, spills, or overflows, including any attorney fees and costs associated with ivl:\person3.1-common\TDS\02070stLl R.duc 5/27/()5 Wastewater Flow Management Plan 02070-1 defending any action against MWRD resulting from such discharges, spills or overflows. D The Contractor shall not damage existing public and private improvements, interrupt existing services and/or facility operations which may cause a wastewater discharge, spill or overflow Any utility and/or improvement which is damaged by the Contractor shall immediately be repaired at the expense of the Contractor. E, The Contractor will be charged for all costs associated with the MWRD's efforts if they are dispatched to the discharge, spill or overflow F The Contractor is prohibited from discharging any groundwater, stormwater or hazardous waste encountered during the construction project without prior written approval of the Environmental Services Department, PART 2 PRODUCTS Not Used, PART 3 EXECUTION 3 I OWNER-OWNED DIVERSION STRUCTURES A. Contractor shall submit to MWRD as part of the WFMP a request for diversion. The request shall include name and location of diversion structure, requested flow configuration, approximate date, time and duration of implementation, A final coordination request shall also be made three working days prior to the date the diversion is needed, B After the WFMP has been approved. coordinate with MWRD for implementation. MWRD will implement the flow diversion. C Contractor shall notify MWRD within 24 hours after the work has been completed, and diversion is no longer necessary 3,2 BYPASS PUMPING EQUIPMENT A, The Contractor shall submit to MWRD as part of the WFMP a detailed bypass design including, but not limited to, a plan view drawing, pump/piping locations, bypass piping size(s), and a capacity analysis to verify pipe/pump capacity vs, design flows, The submittal shall also include a start date, time and duration of diversion, The submittal shall be in a form similar to the attached sample at the end of this section, B. The Contactor shall only use equipment inspected and found to be in good repair and fully functional. C The Contractor shall provide a pumping system conslstmg of pumps, pipe and generators, if applicable, capable of handling a design flow of ..l.i.. MGD for the Applewood Water and Sanitation District and --=L.i.. MGD Pleasant View Water and Wastewater Flow Management Plan 02070-2 M:\personal-common\TDS\02070std R.doc 5/27/05 Sanitation District flow Extra pumps and generators, if applicable, with a total capacity equal to 50% of the design flows must also be provided. A minimum of three pumps and generators, if applicable, shall be on site with no single pump and generator, if applicable, having less than 50% capacity of the design flows. The Contractor shall utilize the flow bypass system to perform the necessary maintenance and repairs on the flow bypass system, and exercise and ensure the operation of the backup pumps, The Contractor shall operate the backup pumps for a minimum of 25% of the total bypass time on a daily basis, All pumps shall be fully installed, operational, and ready for immediate use D, The Contractor shall use pressure-rated piping materials in good working condition, [Where five or more pipes will be used, provide one redundant, additional pipe of greater or equal size]. E, The diversion system shall be hydrostatically pressure tested in the presence of MWRD using potable water prior to wastewater flow diversion, Test pressure shall be 50% greater than maximum operating pressures, or 10 psi above maximum operating pressures, whichever is greater Pressure test shall be for minimum of one half hour The Contractor shall demonstrate to the satisfaction of MWRD that both the primary and backup flow diversion systems are fully functional and adequate, and shall certify the same, in writing, to MWRD in a manner acceptable to MWRD. Demonstration shall include test-pumping a minimum of one hour at the daily peak flow period, in the presence of MWRD F The Contractor shall submit as part of the WFMP the monitoring procedure and frequency and shall continuously monitor the flow levels downstream and upstream of the flow diversion to detect any possible failure that may cause a wastewater discharge, The Contractor shall maintain a daily log of the monitoring and provide weekly copies to MWRD in a manner acceptable to MWRD Q, After approval of the WFMP, install diversion system per plan. H, The Contractor shall provide one dedicated fuel tank for every single pump/generator, if fuel/generator driven pumps are used, The Contractor shall provide a fuel level indicator outside each fuel tank, The Contractor shall continuously (while in use) monitor the fuel level in the tanks and ensure that the fuel level does not drop below a level equivalent of two hours of continuous flow diversion system operation, The Contractor shall take the necessary measures to ensure the fuel supply is protected against contamination, This could include but is not limited to fuel line water traps, fuel line filters. and protecting fuel stores from precipitation, The Contractor shall also monitor all hoses and repair leaks immediately, I. The Contractor shall inspect and maintain the bypass system daily, including the back-up system, The Contractor shall submit with their WFMP their maintenance procedures and frequency The Contractor shall maintain a log of all inspection, maintenance and repair records, and provide copies to MWRD upon request in a manner acceptable to the MWRD. M:\pcrsonal-commonITDSI02070std R,doc 5/27105 Wastewater Flow Management Plan 02070-) J. Drain residual wastewater from piping system to MWRD Interceptor prior to disassembly, taking care to avoid wastewater spills. 3,3 FLOW-THRU PLUGS A. Contractor shall submit to MWRD as part of the WFMP a detailed design including, but not limited to, the flow-thru pipe size(s), configuration and location, and a capacity analysis to verify plug capacity vs, design flow The submittal shall also include a contingency plan, start date, time and duration of flow-thru operations. The flow-thru plug shall be tethered or adequately braced during all diversion activities, B The Contractor shall size the flow-thru plug to handle same flows as indicated in section 3,2, C The Contractor shall submit as part of their WFMP their monitoring procedure and frequency, and shall continuously monitor the flow levels upstream of the flow diversion to detect any developing condition that may cause a wastewater discharge, The Contractor shall maintain a daily log of the monitoring and provide weekly copies to MWRD in a manner acceptable to MWRD. D, After approval of the WFMP, install system per plan, E, The Contractor shall install and operate the plug for a minimum of one hour at the daily peak flow period to demonstrate adequacy prior to use for actual diversion, F. The Contractor shall inspect and maintain the flow-thru plug daily. The Contractor shall submit with their WFMP their maintenance procedures, The Contractor shall maintain a log of all inspection, maintenance and repair records, and provide copies to the Engineer upon request in a manner acceptable to MWRD. 3 4 W ASTEW A TER DISCHARGEIDIVERSION SYSTEM FAILURE A, In the event of a wastewater discharge, spill or overflow, or diversion/bypass system failure, immediately implement the Wastewater Discharge Emergency Response Plan (See Section 02072), END OF SECTION Wastewater Flow Management Plan 02070-4 M:\personal-cummun\TDS\02070std R.doc 5/27/05 (Sample) PAR XXXX ROCK CREEK REHABILITATION PROJECT WASTEWATER FLOW MANAGEMENT PLAN Contractor XYZ will be replacing Manhole RC 4 In order to perform thiS work, a complete bypass of the flow will be necessary The followmg is a detailed procedure for thIS work, Flow will bypassed from MH RC 3 to MH RC 5 A base pumping system consisting of two 12-inch centnfugal pumps and discharge pipe and capable of providing a total capacity of 10 mgd will be installed, (See attached design calculations, pump literature, and sketch) One additional 12-mch centrifugal pump WIll be on site and fully connected to the system to provide 50% pump redundancy All three pumps will connect to one common manifold, The discharge piping downstream of the mamfold will be IS-mch dIameter The length of discharge pipe is approximately 1,500 feet. All suction and discharge piping Will be HDPE with heat-weldedjomts, In order to pump out of MH RC 3, the frame, cover and cone will need to be removed, A deflated plug will be inserted into the downstream piping prior to placement of the suction plpmg, The plug will be tethered with a cable to ensure it does not dislodge in the event of a sudden loss of pressure, When the bypass is ready for operation the pumps will be turned on and then the plug will be inflated, Prior to live pumping, the system will be hydrostatically pressure tested at 30 psi. During pumping operations, the pumping system will be continuously manned, This will mclude regular inspection of the pumps and walking the discharge Ime, Pump output will be monitored to ensure that water level in MH RC 3 does not exceed 3 feet above top of pipe If one pump should fail, a call will be placed to the pump supplier and arrangements made for an immediate service call or pump replacement. 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GlIJ/mu Pc'r Jlinll/c' Fuel colUumpIton: /3.9 GPH@ I. 700 RPM-Jolut lAe", 6125H DooJ_ '103314 EXHIBIT B METRO W ASTEW ATER RECLAMATION DISTRICT SECTION 02072 W ASTEW A TER DISCHARGE EMERGENCY RESPONSE PLAN PART 1 GENERAL 1 1 SECTION INCLUDES A. Development of a Wastewater Discharge Emergency Response Plan, to be implemented in the event of a wastewater discharge, spill or overflow to the environment. 1,2 RELATED SECTIONS A, Section 02070 - Wastewater Flow Management Plan, 1,3 SUBMITTALS A, Emergency Response: Detailed implementation plan. I 4 WASTEWATER DISCHARGE EMERGENCY RESPONSE PLAN DEVELOPMENT A, The Contractor shall develop and submit to MWRD at least fifteen (15) working days prior to the start of construction, a written Wastewater Discharge Emergency Response Plan (WDERP) in a form similar to the attached sample at the end of this section. The WDERP shall be developed to respond to any construction related wastewater discharge, spill or overflow to the environment. The Contractor's WDERP shall not rely on MWRD Transmission Division personnel for emergency response, but they may be dispatched, at MWRD's discretion, to provide additional assistance, If MWRD personnel are utilized, the Contractor shall be responsible for all associated costs, The Contractor is prohibited from discharging any groundwater, stormwater, or hazardous waste encountered during the construction project. B, The WDERP shall include at minimum, the following: I, Identification of environmentally-sensitive areas that could be affected by a wastewater discharge, spill or overflow, including but not limited to, waterways, channels, catch basins and entrances to existing underground storm drains. 2, Development of an emergency notification procedure that complies with state and federal requirements including but not limited to, Section 25-8-601(2), C,R,S The Contractor shall designate primary and secondary representatives, their respective phone numbers, pager numbers, and mobile phone numbers, MWRD contacts shall also be listed, 3 Identification of personnel and equipment/tools that will be utilized in the event of a wastewater discharge, spill or overflow to the environment. Include an emergency response team with arrangements for backup personnel and equipment, The emergency response team shall be able to dispatch to the site 24 M:\personaJ.common\TDSI02072std R,doc 5/27/05 Wastewater Discharge Emergency Response Plan 02072-1 hours a day 7 days a week including weekends and holidays to respond immediately to any wastewater discharge, spill or overflow to the envIronment related to the Project work. 4 Identification of downstream public water systems. 5 Identification of owners of stormwater inlets in immediate vicinity, 6 Step-by-step procedures to contain, control. and minimize wastewater discharges, spills or overflows to the environment, C. At the pre-construction meeting, the Contractor will be provided with a list of MWRD representatives to contact in case of a wastewater discharge, spill, or overflow to the environment. These contacts shall be added to the WDERP D Contractor cannot begin work until the City of Wheat Ridge has approved the WDERP in writing, An approved copy of the WDERP shall be available on the job site at all times, E, It shall be the Contractor's responsibility to assure that all employees, including subcontractors, know and obey all emergency procedures included in the WDERP, 1,5 W ASTEW A TER DISCHARGE EVENT A. In the event of a wastewater discharge, spill, or overflow to the environment, the Contractor shall: 1. Immediately implement the WDERP without direction from MWRD, to control and contain the discharge. spill, or overflow to the environment. 2. Contact MWRD personnel immediately Information to provide shall include at minimum, the following: a. location of discharge, spill, or overflow to the environment; b estimated volume; c. time discharge, spill, or overflow began; d, duration if already terminated, or expected duration if in progress; e, cause (if known); f, control measures implemented; g. type of remedial and/or clean up measures taken; h, description of affected or potentially affected sensitive areas such as waterways, channels, catch basins and entrances to existing underground storm drains. Based on this information, MWRD personnel will determine if the discharge, spill or overflow is contained, and whether or not the MWRD Transmission Division should be dispatched to the site, If dispatched, the Contractor shall be responsible for all costs incurred by the Transmission Division as associated with the discharge, spill, or overflow 3 Contact owner of storm water inlets if discharge, spill or overflow enters stormwater system, B, The Contractor shall, within two (2) working days of the wastewater discharge, spill or overflow, submit to MWRD a written Wastewater Discharge Incident Report (Figure I), Wastewater Discharge Emergency Response Plan 02072-2 M:lpersonal.commonITDSI02072std R,doc ,/27/05 C MWRD will evaluate the suggested procedural changes to avoid further discharges, spills or overflows and will instruct the Contractor through the City of Wheat Ridge on changes. MWRD may institute further corrective actions, as deemed necessary D The Contractor shall observe and comply with all Federal. State, and local laws, ordinances, codes, orders, and regulations which in any manner affect the conduct of the work, specifically as they relate to wastewater discharges, spills, or overflows to the environment. The Contractor shall be fully responsible for preventing wastewater discharges, spills, or overflows to the environment, containing the sewage, recovery and legal disposal of sewage, any fines, penalties. claims and liability arising from negligent or willful discharge of wastewater, and violation of any law, ordinance, code, order, or regulation as a result of the discharge, spill or overflow, The Contractor shall be responsible for payment of any fines or penalties assessed against MWRD for any such sewage discharge, spill or overflow, including any attorney fees and costs associated with defending any action against MWRD resulting from such discharge, spill or overflow E, The Contractor shall not damage existing public and private improvements, interrupt existing services and/or facility operations which may cause a wastewater discharge, spill or overflow to the environment, Any utility and/or improvement which is damaged by the Contractor shall immediately be repaired at the expense of the Contractor. F Once the discharge, spill or overflow has been contained and the situation causing the event has been stabilized, the Contractor shall restore the affected areas to original condition, PART 2 PRODUCTS Not Used, PART 3 EXECUTION Not Used, END OF SECTION M:lpersonal.commonITDSI02072s1d R,doc 5/27105 Wastewater Discharge Emergency Response Plan 02072-3 (SAMPLE - W ASTEW A TER DISCHARGE EMERGENCY RESPONSE PLAN) PAR 9999 - GREENBRIER INTERCEPTOR MANHOLE REMEDIATION W ASTEW A TER DISCHARGE EMERGENCY RESPONSE PLAN EMERGENCY NOTIFICATION PROCEDURES: In the event of a wastewater discharge, spill or overflow to the environment, partIal or complete lme blockage, manhole surcharge, construction debris entering the sewer stream, or another emergency, the following partIes shall be notified ImmedIately, and the Emergency Response Plan initiated, XXX Construction Co. Contacts: 1. Call Office 2. Jerry Petz 303-999-9999 (24 hr. phone) 303-999-9999 (Home) 303-999-9999 (Cell) 303-999-9999 (Home) 303-999-9999 (Cell) 303-999-9999 (Home) 303-999-9999 (Cell) 3. Lance Brown 4. Logan Wilson Metro Wastewater Reclamation District Contacts: 1. Neal Niver (DPM) 303-286-9999 (Office) 303-999-9999 (Home) 303-286-9999 (Office) 303-999-9999 (Cell) 303-286-3275 (24 hr Emergency Line) 2. Ron Woods (DC) 3. Metro Wastewater Control Room Operator (After Hours) City of Thornton Contact: Nomar Gay 303-999-9999 (Office) EQUIPMENT A V AILABLE: All eQuipment, but not limited to the eQuipment listed below, necessary to contain or mitigate a sewage spill shall be on site within one hour of when the spill occurs. . Vac Con Combo Jet Truck (2700 2aI. Capacity) . This truck can be used to clear a blockage as well as provide 2700 gallons of storage capaCIty, . 6" Pump w/ 550' of discharge hose. This pump and hose will be on standby and can be delivered and set up quickly to help m the event of primary and redundant pump failures, . 18-inch repair clamps for HDPE pipe . Heat welding equipment for HDPE pipe . Small backhoe to move earth and help contam spill ContainmentlMitigation In the event of a wastewater discharge, spill or overflow, XXX Construction Co. will immediately implement the Emergency Response Plan. The first priority will be to prevent any wastewater from entering any waterways, lakes, streams and storm sewers. Containment structures will be constructed to prevent wastewater from entering waterways. The next priority will be to prevent any wastewater from reaching and contaminating groundwater. DOWNSTREAM PUBLIC WATER SYSTEMS: The following downstream public water systems may be affected by a wastewater discharge, spill or overflow to the environment due to their proximity to construction activities, In the event of an emergency, affected downstream public water systems will be promptly contacted by the Contractor Important information regarding the incident will be communicated by phone, written notification, and/ or in person, . City of Englewood . City and County of Denver . City of Thornton . City of Brighton ENVIRONMENT ALL Y SENSITIVE AREAS: The following areas have been Identified as being environmentally sensitive These may mclude spillways, channels, and storm drainage that lead directly or indirectly to the South Platte River and/or pose a threat to ground water Extra care and preventative measures Will be taken to mmimize the risk of contamination, . South Platte River, Niver Creek, Clear Creek., and Lower Clear Creek Irrigation Canal . Roadside drainage ditches & street gutters leading to storm sewer inlets . Drainages and small streams leading to the South Platte River . City of Thornton water storage reservoirs . Ground or other pervIOus surfaces Notification of Regulatory Agencies Contractor XYZ IS solely responsible for any liabihty for violations of any State or federal environmental law or regulation, and hereby indemnifies the Metro District from any such liablhty associated with a wastewater discharge, spill or overflow as a result of theIr work on the Metro District's faCIlities. In the event of a discharge, spill or overflow of pollutants including raw wastewater that has the potential to affect public health or the enVIronment, the followmg parties shall be notIfied, 1 Colorado Department of Public Health and Environment Spill Report Line: 1-877- 518-5608 2. National Response Center (EPA Notification), 1-800-424-8802 In addition to the reporting reqUIrements of the paragraph above, the Contractor XYZ shall notIfy the Metro District's Process Center (as detaded below) m the event of any discharge, spill or overflow to the environment, regardless of whether or not it may cause pollution of state waters: 1. Metro District's Process Control Center, 303-286-3275 PREPARED BY: XXX ConstructlOn Co, Signature Date APPROVED BY: City of Wheat Ridge Signature Okp/OKP :Yl \pd.cummon\Padgett\QC\ WDERP _Sample J,doc EXHIBIT C QUIT CLAIM DEED (Metro District Grantee) THIS DEED, Made this day of , 19_, between the City of Wheat Ridge, a political subdivision of the State of Colorado, Grantor, and METRO WASTEWATER RECLAMATION DISTRICT, 6450 York Street, Denver, Colorado 80229-7499, a metropolitan sewage disposal district duly organized under the laws of the State of Colorado, Grantee, pursuant to and through the exercise of Grantee's eminent domain authority; WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten Dollars ($10,00) and other valuable consideration to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and quit claimed, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said Grantee, its assigns forever, all the right, title, interest, claim and demand which the Grantor hath in and to the following described situate, lying and being in the County of and State of Colorado, to wit: See EXHIBIT A attached hereto and made a part hereof TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee, and its assigns forever IN WITNESS WHEREOF, The said Grantor hath caused its name to be hereunto subscribed by its , and its corporate seal to be hereunto affixed, attested by its , the day and year first above written, Attest: By' -1- STATE OF COLORADO County of ) ) ss, ) The foregoing instrument was acknowledged before me this _ day of , by My notarial commission expires, Witness my hand and official seal. Notary Public Address: This Deed shall not be a valid conveyance until accepted by the Metro Wastewater Reclamation District. Accepted this _ day of METRO WASTEWATER RECLAMATION DISTRICT By District Manager APPROVED AS TO FORM, District Legal Counsel -2- JDM.9130102 LandAcqAtt1 Q,doc EXHIBIT D QUIT CLAIM DEED (Metro District Grantor) THIS DEED, Made this day of " between METRO WASTEWATER RECLAMATION DISTRICT, a metropolitan sewage disposal district duly organized under the laws of the State of Colorado, Grantor, and the City of Wheat Ridge, Grantee, WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten Dollars ($1000) and other valuable consideration to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and quit claimed, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said Grantee, its assigns forever, all the right, title, interest, claim and demand which the Grantor hath in and to the following described situate, lying and being in the County of and State of Colorado, to wit: See EXHIBIT A attached hereto and made a part hereof TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said Grantor, either in law or equity, to the only proper use, benefit and behoof of the said Grantee, and its assigns forever IN WITNESS WHEREOF, The said Grantor hath caused its name to be hereunto subscribed by its Manager, the day and year first above written, GRANTOR: METRO WASTEWATER RECLAMATION DISTRICT By' District Manager -1- STATE OF COLORADO County of ) ) ss. ) The foregoing instrument was acknowledged before me this _ day of , by District Manager of Metro Wastewater Reclamation District. My notarial commission expires, Witness my hand and official seal. Notary Public Address: This Deed shall not be a valid conveyance until accepted by Accepted this _ day of By Title APPROVED AS TO FORM: District Legal Counsel -2- JDM.9130102 LandAcqAtt9 doc tXJ#./81'r IE CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS Effective March 1,2006 e For any permanent PermiUee-o\\ned installations located withm the State Highway Right of Way highway repairs, or site restoration. Completed Operations coverage shall be provided for a mimmum period of one year following final acceptance of work. The following Standard Provisions are terms and conditions ofthis permit: Utility work authorized under this permit shall comply with the requirements of the State Highway Utility Accommodation Code, and applicable federal, state, local. and industry codes and regulations Construction of any portion of the highway facility including the pavement structure, subsurface support, drainage, landscaping elements and all appurtenant features, shall comply With the provisions of the COOT Standard Specifications for Road and Bridge Construction, and with the Colorado Standard Plans (M & S Standards) If any aggregate limit is reduced below] .000,000 because of claims made or paid. the Permittee. or as applicable - their Contractor, shall immediately obtain additional insurance to restore the full aggregate] imit and furnish to COOT a certificate or other document satisfactory to COOT showing compliance With this provision 1. COMMENCEMENT AND COMPLETION 3) Automobile Liability Insurance covering any auto (including owned, hired and non~owned autos) with a minimum limit as follows: $1,000000 each accident combined single limit Work on highway Right of Way (ROW) shall not commence prior to issuance of a fully endorsed and validated pennit Work shall not proceed beyond a completion date specIfied m the Special Provisions without written approval of the Department 4) For any' a) engineering deSign; b) construction inspection; or, c) traffic control plans approved by a Traffic Control Supervlsor~ done In associatIOn with the operations or installations authorized by this permit, Professional Liability Insurance \vlth minimum limits of liability of not less than $1,000,000 Each Claim and $],000,000 Annual Aggregate, If the policy is written on a Claims Made form, the Permittee, or, as applicable - their Consultant or Contractor, shall renew and maintain Professional Liability Insurance for a mimmum of two years following final acceptance of the work, or provide a project specitic Pohcy With a two year extended reporting provision. Pennittee shall notify the CDOT inspector a At least 2 workmg days prior to commencing work, or resuming operations which have been suspended for five or more consecutive working days b. When suspending operations for 5 or more working days c. Upon completion of work 2, PLANS, PLAN REVISIONS, ALTERED WORK 5) Pollution Legal LiabJlity Insurance with minimum limits of liability of$I,OOO,OOO Each Claim and $1,000,000 Annual Aggregate. CDOT shall be named as an additional insured to the Pollution Legal Liability policy If the Policy IS a component of the Professional Liability Policy the Additional Insured requirement is waived, and the Policy shall be written on a Claims Made form, with an extended reponing period of at least two year following final acceptance of the work Plans or work sketch (EXHIBIT A) are subject to CDOT approval A copy of the approved plans or sketch must be available on site during work. Plan revisions or altered work ditfering in scope or nature from that authorized under this permit, are subject to CDOT prior approval. Permittee shall promptly notify the COOT Inspector of changed or unforeseen conditions, which may occur on the job. 3, INSllRANCE A The Permittee shall obtain, and maintain at all times during the performance of\\ork authorized by this Permit., insurance in the following kinds and amounts. The Permittee shall reqUire any Contractor working for them within the State Highway Right of Way to obtam like coverage. The Permittee shall also require any Contractor or Consultant performing work described in sub.- paragraph 4) below. to obtain Prot'essional Liability Insurance. 6) Umbrella or Excess Liabihty Insurance with minimum limits of $1,000,000, This policy shall become pnmary (drop down) in the event the prlmary Liability Policy limits are impaired or exhausted. The Policy shall be written on an Occurrence t'orm and shall be following form of the primary The followmg form Excess Liability shall include COOT as an additional insured. Insurance ReqUirements for Utility and Special-Use Permits (Revised 7-05 per State Requirements) I) Workers' Compensation Insurance as required by state statute, and Employer s Liability Insurance covering all employees acting within the course and scope of their employment and work on the activities authorized by thIS Perrmt. B CDOT shall be named as additional Insured on the CommerCial General Liability and Automobile Liability Insurance policies Completed operations additional insured coverage shall be on endorsements CG 201011/85, CG 2037, or equivalent. Coverage required by the Permit will be primary over any Insurance or self- Insurance program carried by the State of Colorado C The Insurance shalllnclude proVisions preventmg cancellation or non-renewal Without at least 30 days prior notice to CDOT by certifIed mall. 2) Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent, covering premises operations, tire damage, independent Consultants, products and completed operations, blanket contractual liabilIty personal injury and advenlslng liability with minimum limits as follows. a $\ ,000,000 each occurrence~ D The Permittee, or as applicable - their Contractor or Consultant, will reqUire all insurance policies in any way related to the Permit and secured and maintained by the Permittee, Contractor or Consultant, to include clauses stating that each carrier will waive all rights ofrecovery under subrogation or otherwise. agamst CDOT its agencies, institutions, organizations, offkers. agents, employees and volunteers E All po\icles eVldenung the msuram:e coverages reqUIred hereunder shall be Issued by insurance companies satisfactory to CDOT b $2,000,000 general aggregate, $2JJOO,000 products and completed operatll.ms aggregate; and $50,000 anyone tire F The Permittee, or as applicable - their Contractor or Consultant, shaH plOvide cenitlcates showmg insurance coverage required by this Permit to CDOT prIor to commencing work No later than 15 days prior to the expiration dale of any such coverage, the Permittee. Contractor or Consultant, shall deliver CDOT certificates 02i()fl c, d CDOT PermIt Form 1281 and Stllndard ProVisions Page.2 ofh CDOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS of insurance evidencmg renewals thereof. At any time during the term of this contract, COOT may request in writing. and the Permittee, Contractor or Consultant, shall thereupon within 10 days supply to COOT evidence satisfactory to COOT of compliance with the provistOns of this section. G. Not\",ithstanding subsectIon A ofthis sect\on, if the Perminee IS a "public entity" within the meaning of the Colorado Governmental Immunity Act CRS 24.\0.\0\, et seq, as amended ("Act'). the Pennittee shall at all times during the term of this permit maintain only such hability insurance, by commercial policy or self- insurance, as is necessary to meet its liabilities under the Act. Upon request by COOT, the Permittee shall sho\v proof of such insurance satisfactory to CDOT Public entity Permittees are not required to name COOT as an AdditlOnallnsured. H. If the Permittee engages a Contractor and/or Consultant to act independently from the Permittee on the permitted work, that Contractor and/or Consultant shall be reqUired to provide an endorsement naming COOT as an Additional Insured on their Commercial General Liability, Auto Liability, Pollution Legal Liability and Umbrella or Excess Liability policies 4, WORK WHERE DEPARTMENT LACKS AUTHORITY UtIlity work within municipal boundaries (pursuant to 43-2.135 CRS), on certain public lands, or on private property may require separate approval of the appropriate jurisdictional agency or property owner. 5, INST ALLA nONS ON FREEWAYS CDOT may permIt utility accommodations on freeways, including but not limited to the Interstate System, only In accordance with Utility Accommodation Code provisions. Special case exceptions as defined therein may be permitted only in accordance with FHW A-approved Departmental policy 6, JOINT liSE AL TERl'iA nVES As directed or approved by CDOT if necessary for the safe and efficient use of the ROW, Permittee shall utilize joint use facilities such as the placement of two or more separate lines m a common trench, or attachment to the same overhead support. The Permittee will be responsible for proper coordination With other affected utilIties 7 ATTACIIMENTTO HIGHWA\' STRl'CTURES Permittee is responsible for designing structure attachments, subject to the approval of the CDOT StatTBridge Design Engineer. 8, DRAINAGEW A YS AND W A TERCOl:RSES The flow of water shall not ever be impaIred or interrupted Where possible. crossings of ditches, canals or water-carrying structures shall be bored or jacked beneath_ Irrigation ditch or canal crossings require approval of the ditch company or owner Permittee shall repair damage to any drainage faCIlity to the satisfaction of the owner 9, TRAFFIC CONTROL PLAN a Prior to commencing work, the Permittee shall develop and submit to the Department for acceptance, a Traffic Control Plan (TCP) for any accommodation work that Will affect traffic movement or safety The Permittee shall implement the TCP and utilize traftle control deVices as necessary to ensure the safe and expeditious movement oftnIffic around and through the work site b The Permittee shall develop the TCP, and Methods of Handling Traffic lMHT's) included therein, !n conformance WIth the Manual on Umform Traffic Control DeVIces (MUTCD), the Colorado Supplement thereto adopted by the Commission pursuant to sections 42-4.104 and 42.4.IU5 CRS. the Department s standard specificatlons for temporary tratTic .:ontrol and the Department'~ standard pions for signing. Standard Plans S 630.] and S 630.2 The TCP shall include provisions for the passage of emergency vehlcles through the work zone, and shall coofonn to the reqUirements of the Americans with Disabilities Act. The TCP and MHTs shall contain sufficient detail to demonstrate contormity with all applicable requirements The Permittee shall have a competent person at the work site at all tImes in responsible charge of temporary traffic control. In situations where the TCP goes beyond any Typical Application shown in the MUTCD or particularly dangerous roadway or traffic conditions exist, the Department may require the Permittee to have a Traffic Control Supervisor (TCS) develop or approve the TCP or to have a TCS on.site during work. The TCS shall be certified as a worksite traffic supervisor b)' either the American Traffic Safety Services Association (A TSSA) or the Colorado Contractors Associatton (CCA), and shall have a current CDOT flaggers certification card. The TCS shall be responsible for the planning, preparation, coordmation, implementatton, and inspection of the TCP d. The Permittee shall not start the permitted work before the Department accepts the TCP e The Department may review and order changes to the TCP and MHT's during performance of the work, as required. f The Permittee shaH comply with the ICP at all times during performance of the work. g The Permittee shall keep a copy ofthe TCP at the work sIte at all times during performance of the work for inspection. h The TCP shall ensure that closure of intersecting streets, road approaches and other access pOints is minimized. On heavily traveled highways, the Department will not permit operations that interfere with tramc during periods of peak tramc flow When Permittee operations coincide with highway construction or maintenance operations, the Permittee shall develop and implement the TCP in cooperation and coordination with the highway agency and/or its contractors and as otherwise directed by the Department in the pennit All flaggers shall have a current CDOT flagger certification card and shall be capable of communicating With the travelmg public and others at the work site 10, 'iCHRP 350 CRASIIWORTHlNESS REQl'IREMENTS FOR WORK ZONE TRAFFIC CONTROL DEVICES Work zone devices designated by FHW.\ as: Category I, including but not limited to single-piece drums, tubes, cones and delineators; Category II, including but not limited to barricades, vertical panels with light, drums or cones with light, portable sign supports, intrusion detectors and type III barricades; or as Category Ill, mcludmg but not limited to concrete barners, tixed sign supports, crash cushions, and other work zone devices not meeting the detinitions of Category I or It shall meet NCHRP 350 crash test requirements_ The Permittee, or their contractor shall obtain and make available upon request, the manufacturer's written NCHRP 350 certification, or as applicable, the FHW A Acceptance Letter for each type of device FIIW A Acceptance Letters for Category II or Category III Work Zone Devices mav be accessed through the FHW A \vebsne at hlljl ~<ltct~.JJI'.>\;l ,11)1 ~\~\' r(),t(J\\;I\ _,krJ.rU;H.JJldJ",b ,Irl'" 'd iltlTl 11. WORKER SAFETY A"D HEALTH 3. All workers wlthm the State Highway fight ofwa)' shall comply WIth their employer s safety and health poliCIes/procedures and all applicable U,S. Occupational Safety and Health AdmlOistratlon (OSHA) regulations. IOcluding, but not bmited to the applicable sections of 29 CFR Part 19] 0 . Occupational Safety and Health Standards and 2l} eFR Part 1926 - Safety and Health RegulatIons for Construction. CDOT PermIt Fonn 1283 and Standard Provlsi()m. Page 3 ufh 02106 COOT UTILlTY/RELOCATlON/SPECIAL USE PERMIT STANDARD PROVISIONS b, Personal protectIVe equipment (PPE) (e,g, head protection, footwear, high visibility apparel, safety glasses, hearing protection, respirators, gloves, etc.) shall be worn as appropriate for the work bemg performed, and as specified in regulation. At a minimum, an \\'orkers in the SH ROW, except \vhen in their vehicles, shall wear the following personal protective equipment: 1) Head protection that comphes \vith the ANSI Z89 I stal1dard~ 2) At all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE reqUirements for foot protectlon per 29 CFR 1910136,1926,95 and 1926.96 Ifrequired, such footwear shall meet the requirements of ANSl Z41 3) High vlsibihty appareL "vhich shaH, at a mmimum comply with the Class 2 speCifications of the ANSVISEA I07standard Class 3 apparel shall be considered for use at night or in particularly hazardous situations, 4) The most recent version of the ANSI standards listed above shall apply 12. ADA REQUIREMENTS The Permittee shall comply With the applicable provisions of the Americans WIth Disabilities Act, with respect to both permanent facilities installations and temporary work zones. 13, CLEAR ROADSIDE CONSIDERATIONS a. COOT is commItted to prOVIde a roadslde area that is as free as practical from nontraverseable hazards and fixed objects ("clear zone"). New above ground installations ma) be perm\tted within the clear zone only upon a showing that no feasible alternate locations exist. Permittee must utilize approprlate countermeasures to minimize hazards b Permittee shall remove materials and equipment from the highway ROW at the close of daily operations. The traffic control plan must mclude protective measures where materials and equipment may be stored on ROW Protection of open trenches and other excavations within highway ROW shall be addressed in the Permittee's traffic control plan All excavations shall be closed at the end of dally operations_ and no open excavation will be allowed In the clear zone after dark. The Permittee agrees to promptly undertake mitigating or corrective actions acceptable to the Department upon notification by CDOT that the installation permitted herein has resulted in a hazardous situation for highway users 14, GENERAL CONSTRUCTION REQli1REMENTS a. Work shall not be performed at night or on Saturdays, Sundays, or holidays without prior authorization or unless otherwlse speCified 10 this permit. CDOT may restrict work on ROW during adverse weather conditions or during periods ofh\gh traffic volume b. Those areas within ROW which must be disturbed by permit operations, shall be kept to a practical mimmum Permittee shall not spray cut, or trim trees. or other landscaplng elements. Within highway ROW unless such \....ork IS otherwise specified in this permit, or clearly indicated on the approved plans. Cleated or tracked equipment shall not work on or move over paved surfaces without mats, or pads on tracks Material remuved from any portion of the roadway prism must be replaced in like kind \vnh equal or better compaction. Segregation ofmatenalis not permitted, The permitted fac\lity shall be of durable materials m confonnity WIth accepted practIce or mdustry standards_ designed fOf long service life_ and relatively free from routme servIcing or mamtenance d Construdion or compaction by means of jetting, puddling, or \vater flooding is prohibited within all highway ROW e, Thrust blocks are required on all vertical and horizontal bends in pressure plpeS f Meters shall not be placed on highway ROW except within corporate limits where municipal regulations allo\\" such use. 15, ALlG:-iMENT, COVER, CLEARANCE a, Location and alignment of Permittee's facilities shall only be as speCified in this permit or as otherwise indicated in the approved plans or work sketch (EXHIBIT A), b Parallel installatIons will not be permitted \...,lthin roadways (including curbing and/or shoulders) or median areas_ except withm corporate boundaries, subject to mUnicipal regulations c, Parallel installatIons should be located as near as practicable to the ROW line. Crossings shall be as nearly perpendicular to the highway as feasible d Where no feasible alternate locations exist, the Department may permit parallel installations along roadside areas within 15 feet from edge of shoulder or back of curb. In these cases, the facility must be so located and safeguarded as to avoid potential conflict with necessary highway appurtenances (signs, guard rail, delineators, etc.). Specific safeguards such as increasing depth of cover to 60 inches, capping, or encasement. shall be specified in this permit's Special Provisions. Parallel installations shall follow a uniform alignment, wherever practical Due consideration must be given to conserving space available for future utility accommodations. The standard allowable deviation from the approved horizontal alignment is::l: 18 inches. f Minimum cover shall conform to the Special ProVisions. Normal speCified cover will be 48 inches or greater; reduced cover may be approved where site conditions warrant, subject to other safeguards as may be specified or approved in the permIt. Minimum overhead clearance shall conform to the Special Provisions, consistent With Utility Accommodation Code cnteria. 16, P'\ VEMENT CUTS AND REPAIRS Paved surfaces shall not be cut unless otherwise specified in thiS permit. No more than one half the width of the roadbed may he opened at a time, when othem'ise permitted. Pavement shall be sawed or wheel-cut to a neat Ime Pavement shall be replaced to a design equal to or greater than that of the surrounding undisturbed pavement structure. Pavement repair shall confonn to the Special Provisions or the approved plans 17 BORING, JACKI:-iG, E:-.iCASE:VIENT Unless otherwise specdied, buned crossings shall be bored or jacked beneath the roadway, at least from toe of slope to toe of opposite slope. Portals for untrenched crossings more than 5 feet in depth shall be bulk headed in confonnance with OSHA construction and safety standards Portal limits of untrenched crossings shall be cstabl ished satel)' beyond the highway surfa(.;e and clear zone and in no case shall the lateral distance from the surfaced area of the highway to the boring or jacking pit be less than the vertical difference in elevation between such surface and the bottom of the pit. Water jetting or tunneling is not pennitted. Water assisted boring may be pennlttf'd a~ determined by the CDOT Inspector Boring hole shall be oversized to the minimum amount required to allow pull-through of the conduit being installed. Resultant voids shall be grouted or otherwise backfilled_ subject to CDOT approval. Ends of bored sections shall not be covered before being mspected Encasement shall be consistent \....lth Utility Accommodation Code provisions COOT may require protective casmg for shallow installations or certain condUit materials. Encased crossings shall extend at least from toe of slope to toe of slope, or the full width between access-controlltnes on free\....ays, induding the Interstate System CDOT Pennlt Form 12:-\1 and Standard PrOV1Slons Page 4 off> 02;0(') 18, I:'iSPECnO:'</ AND ACCEPTANCE COOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS a coor will determine the extent of inspection services necessary for a given installation. Permittee shall attend final inspection as may be required. If the initial performance of permitted work was unacceptable, as determined by the Department, the Penmttee shall perform any reconstructton or improvement of that work as ordered by the Department. in a timely manner and prior to any further construction. lfpermitted operations are not belng earned out m compilance "'lith the terms and conditions OfthlS permit, the Department may order the Permittee to perform whatever corrective measures are necessary to attain compliance with the permit. If there is an immediate danger to the pu.bhc's health, safety or welfare, the Department may order the Permittee to cease all operations and if necessary to remove all equlpment and facilities from the SHROW b. Final acceptance does not relieve Permittee of maintenance obligations toward those elements of the highway faciht)' constructed under this permit. Final acceptance begins the two-year warranty period (see requ\rement under "Operation and Maintenance" below). 19. ENVIRONMENTAL CLEARANCESIPERMITS a. It is the responSIbility of the Permittee to determine which environmental clearances and/or regulations apply to their activities and to obtain any clearances that are required directly from the appropriate regulatory agency prior to commenclng work. Please refer to or request a copy of the "COOT Environmental Clearance Information Summary" (ECIS) for details, The EelS may be obtained from CDOT Permitting Offices or may be accessed via the COOT webpage at l1ilQ~.'\\,\ w (IPt c-.t3tc_,CP,us.1.:.ul..m Pr~)gra1ll.J'OII11S_ctrn. Failure to comply with regulatory requirements may result in suspension or revocation of your COOT penn it, or enforcement actIOns by other agenclcs. b The Special Provtstons of this permit shall \ist any speclfic environmental clearances or permits that the Department has been notified by the Permittee or by the admlnlstering regulatory agency apply to the operations authorized by this pennit. The Special Provlsv.;ms shall require the Permittee obtain the 11sted envlronmental clearances/permits prior to beginning work c The Permittee shall comply with all requirements descnbed in the COOT Environmental Clearances lnfonnatlon Summary, mcludmg those pertaining to I) Ecological Resources 2) Cultural Resources 3) Discharges of Storm water or Process Water 4) Hazardous Matena\s 5) Discharges of Dredged or Fill Material 6) Erosion and Sediment Control 7) DISposal of Drilling Fluids 8) Concrete Washout 9) Spill Reporting 10) Transportation of Hazardous Materlals d Disturbance of any wildlife shall be avoided to the maximum extent practicable, If threatened or endangered species or archeological or histoncal artifacts are encountered dunng the progress of a project., work in the subject area shall be halted and the COOT regional p1:rmlttmg of lice shall be contacted lmmedJately fOT direction as to how to proceed e All discharges of storm water or process water are subject to the applicable provisIons of the Colorado Water Quallty Control Act and the Colorado DIscharge Permit Regulations 1'. There shall be no disposal of hazardous materials in the state highway fight of \.\'3"1' Solid waste sha\l be removed from the state highway right of\\a) and disposed of at a permItted faCIlity or designated collection point (such as the PermIttee s 0\\iT1 dumpster). Dnlling tluids must be disposed of as deScribed in the ECIS g Ifpre.existing solid waste or hazardous materials contamination (including oil or gasol ine contaminated soil, asbestos, chemicals, mine tailings, etc.) are encountered during the perfonnance of work, the Penmttee shall halt work in the affected area and Immediately contact the CDOT regional pemitting otlice for direction as to how to proceed. h Spills shall be reported immediately using the COOT Illicit DIScharge Hotline (303) 512.4446, Spills on the highway, into waterways, or that may othenvise present an immediate danger to the public, shall be reported by calling 911 or the Colorado State Patrol at (303) 239.4501 and the Colorado Department of Public Health and Environment at 1.(877) 518.5608 20, RESTORA nON OF RIGHT OF W A" Prior to final acceptance, all disturbed portions of highway right of way shall be cleaned up and restored to their original condition, subject to COOT approval. Seeding, sodding, and planting shall be as specified, or otherwise approved by COOT Construction, maintenance and watering requirements shall conform to the CDOT Standard Specifications_ Where landscape restoration must be delayed due to seasonal requirements, such work may be authorized by separate permit. Pennittee shall use only certified weed-free seed and mulch. Pennittee shall clean equipment before transporting it into or out of the state to prevent the migration of noxious weeds 21. OPERATION AND MAINTENANCE a Perrlllttee agrees to own and mamtaln the installation permitted herein. The facility shall be kept In an adequate state of repair and maintained in such a manner as to cause the least interference with the normal operatIOn and maintenance ofthe highway b lfany element of the transportation faCilIty constructed or replaced as a condition of this penn it, fails within 24 months due to improper construction or materials, Permittee shall make all repairs immediately as notified in writing by COOT c. Routine, periodic maintenance and emergency repairs may be performed under the general tenns and conditions of this permit. COOT shall be given proper advance notice whenever maintenance work will atTect the movement or safety of traffic In an emergency the COOT Region office and the State Patrol shall Immediately be notified of possible traffic hazards. Emergency procedures shall be coordinated beforehand, where poSSible. d Maintenance activitIes requiring new excavation or other disturbance withm highway ROW may require separate permit. Where highway construction or maintenance operations so reqUire, Permittee will shut offlines, remove all combustible materials from the highway right of way or proVIde other temporary safeguards 22, MARKERS, LOCATION AIDS. LOCATION ASSISTANCE a The utility shall take all practical measures to ensure that buried utility facilities are surface-detectable by standard geophysical methods. Where the utility facilitIes, by the nature of theIr material properties, burial depth or other factors, may by themselves not be surface-detectable, the utility shall, where feasible, incorporate detection wire or other detection aids m the mstallatlon of those facilities. In instances where detection aids are not feasible or would be inetTective and surface.detectablllty cannot be ensured. surface markers shall be installed as directed by the Department and as~constructed plans and showmg the accurate horizontal and vertical location of the buried facilities shall be provided to the Department. b All plowed or tren..:hcd installations must mdude wlor.coded (using the American Public \\lorks ASSOCIatIon color codmg system) warnmg tape placed not less than 12 Inches vertically above CDOT Permit Form 1283 and Sw.ndard ProVISIons Page 5 of A ()2/()6 COOT UTILITY/RELOCATION/SPECIAL USE PERMIT STANDARD PROVISIONS the top of the line, The warning tape shall be surface.detectable if needed to facilitate detection of the line. of the terms and conditions of the permit issued for that facility including maintenance and relocation requirements The ulility shall place readily identifiable markers at the right of \vay line where it is crossed by pipelines carrymg transmittants which are flammable, corrosive, expansive, energized, or unstable, parl1cularly if carried at high pressure or \Xltentlal, except where a vent will serve as a marker. d. The utiltty shall place markers for longitudinal underground facilities vertically above the facilities or at a known horizontal otfset, unless other""ise approved in writing by the Department. Each marker shall provide a fore- and backslght to succeeding and preceding markers. Markers shall be Installed at suitable mtervals along tangent sections, at angle points or points of curvature and at reasonable intervals along curves. c The Permittee shall promptly remove all abandoned facilities from the SH ROWand promptly restore the SH ROW to pre-existmg or other conditions prescnbed by the Department unless the Department in writing expressly allows the facility to remain in place. Written notice from the Department, allowing an abandoned facility to remain m place, may include special conditions d. If utility facilities are retired or abandoned in place, the utIlity shall comply WIth that decision if directed by the Department: f. The Department may require the utility to submit "as-constructed" plans. The Department may enter into an agreement w1th the utility whereby the Department can rely on those plans for the exact location of the utility for any future excavations. and need not give notice to the utility under Article 1.5 of Title 9 c.R.S. I) cap, plug or till lines, 2) furnish suitable locatlOn records for any such buried facilities, 3) maintain Its own records of such facilities and respond to locate notices/requests from the UNCC and/or excavators, In providing such locates, the utility will mdicate to the requesting entity whether or not the subject facilities are retired or abandoned 4) perfonn any other actions as deemed necessary by the Department to protect the transportation facility and/or the traveling public. e. The uttlity shall maintain any markers required by th,S Code for the hfe of the installation h The utility will comply with the applicable requirements of Article t.5 of Title 9 C.R.S., including any requirement to partiCipate in the State s Notification Association pursuant to 9-1.5-105 c.R.S All owners of underground utilities within the SHROW, with the exception of the Department Itself, must become members of the UNCC Notification Association. In addition to complying with the proviSions of Article 1.5 of Title 9 C.R,S (One.Call Statute) in res\Xlnse to the Department's notitication of planned excavations, utility owners shall surface- mark their buried utdity facilit,es that are located withm the SHROW in order to tacilitate Departmental engineering and design activities, upon reasonable request from the Department, and at no cost to the Department. The Pemittee shall respond to such request within a reasonable tlmeframe acceptable to the Department, but no longer than 14 calendar days from the date of request, and the accuracy of the surface markmg shaH be wlthin I & inches of either side of the actual location of the buried facility e. If the ownership of utility facilities is transferred, both the original Permittee and the new O\VTler shall notify the Department in \\oTiung prior to the change in ownership, and such notice shall state the planned date of change m o\vnership_ The notice from the new ovmer shall include a written statement accepting all terms and conditions of the existing permit, effective upon the planned date of the change in ownership g, Utility facilities containing asbestos may not be abandoned in-place Ordinarily such facilities must be removed from the SHROW when take out of service. On a case~by-case basis, the Department may allow such facilIties to be retired in-place, with the o\vner retaining full legal ownership and responsibility for the facilities. 25, Sl:SPENSION Ai'OD CANCELLATION a The COOT inspector may suspend operation due to If for any transponation purpose it becomes necessary to remove, adjust. or relocate this facility Permittee will do so promptly, at no cost to the COOT except as provided by law, upon written notice from COOT and in accordance with the uttlity retocation permit issued to cover the necessary work. The utility shall perform the relocation at or within a time convenient to and in proper coordination with the project or transportation-related activity, to minimize public Inconvenience and cost, as directed by the Department in the permit authorizing the relocatIOn. The utility company shall pay for damages caused by the company's delay in the perfonnance of utility relocation work or mterference with the performance of transportation project work done by others. Such damages include, but arc not limited to. payments made by the Department to any third party based on a claim that performance of the transportation project work was delayed or interfered with as a direct result of the utility company's failure to timely perform the utility relocation work. Damages resulting from delays In the performance of the utility relocation work or interference with the transportat\on project work that ..ne caused by events beyond the utility company's ability to reasonably foresee or control (3 force majeure) shall not be charged to the utllity company 1) Non compliance with the proviSIOns of this permit 2) Adverse weather or traffic conditions 3) Concunent transportation construction or maintenance operations in contlict with the permined work 4) Any conditIon deemed unsafe for workers or tor the general public 23, ADJlISTMENTS DUE TO HIGHW A" CONSTRUCTION b Work may reSume when grounds for suspenslOn no longer eXist This permit is subject to cancellation due to 1) Persistent noncompliance with permit provisions 2) Abandonment or transfer ofo\1;TIership 3) Superseded by new permit covering the same mstallation 4) Conflict with necessary planned transportatIon constructIon c Permittee must promptly terminate occupancy upon notICe of cancellatIOn of permit. unless a new permit is applied for and granted d Where Permittee does not fulfill an obligation to repair or maintam any portion of the highway facility or control and safe I" mamtain the tlow of traffic thereon. CDOT reserves the right, in hell of canceling this penme to accomplish the required work by any other appropriate means, and PermJttee shall be hable for the actual costs thereof 24, ABANDONME:"lT, RETIREMENT, CHA'iGt: I'i OWNt:H.SHlP a fhe Permittee shall notIfy the Department in wrltmg of the planned retirement or abandonment of its facli Ity or any portion thereof The Department \\1\11 notify the Permittee in wntmg 11' 1t determines that the facilities may be retIred or abandoned in place, along with any special conditions that may apply b Retired facl\lties shall rema\n the Permittee:', so\e respons1oMt)' subject to all prOVisions of the Utility <\ccommodation Code and all 02/06 COOT PermIt Form 12R3 and Standard ProVISions Page 6 nt () 100 i:8J 101 i:8J 102 [ZJ 103 [ZJ 104 o 105 [ZJ 106 o 107 o 109 [ZJ 110 [ZJ 111 [ZJ 112 [ZJ 113 [ZJ 114 [ZJ 115 ) -) PERMIT NUMBER: GENERAL PERMIT TERMS & CONDITIONS PERMIT TYPE: 0 Utilities 0 Landscaping i:8l Construction 0 Special Use CHECKED TERMS ([ZJ) APPLY TO THIS PERMIT GENERAL Please refer to this permit number in all communications and correspondence, The Permittee, his or her heirs, successors-in-interest, assigns, and occupants of the Utility/Construction/ Landscape/Special Use permitted by this permit shall be responsible for meeting the terms and conditions of this permit. A certificate of insurance naming the Colorado Department of Transportation (CDOT) as an additional insured is required to be submitted before work begins, READ ALL ADDITIONAL STANDARD REQUIREMENTS OF THIS PERMIT AND OTHER TERMS AND CONDITIONS ON THESE ATTACHED SHEETS. A COpy OF THIS PERMIT. INCLUDING ALL TERMS AND CONDITIONS. MUST BE ON THE JOB SITE WITH THE CONTRACTOR. Call for an inspection of forms at least one working day prior to placing any concrete. The Colorado Department of Transportation inspection is not an approval of the grade or alignment of the work, The contractor and/or engineer is responsible for the proper grade and alignment. Minor changes or additions may be ordered by the field inspector to meet field conditions, Any survey monuments or markers disturbed during the execution of this permit shall be repaired immediately at the expense of the Permittee, NOTIFY THE DEPARTMENT OF TRANSPORTATION INSPECTOR Roger Jameson, at (303) 667-2833, TWO WORKING DAYS BEFORE STARTING THE WORK, NOTIFY THE DEPARTMENT OF TRANSPORTATION INSPECTOR Greg Sinn, at (303) 916-0463, TWO WORKING DAYS BEFORE STARTING THE WORK. NOTIFY THE DEPARTMENT OF TRANSPORTATION INSPECTOR Mike Smith, at (303) 667-2831, TWO WORKING DAYS BEFORE STARTING THE WORK On-premise and off-premise signing shall comply with the current Colorado Outdoor Advertising Act CRS 43- 1-401, Rules and Regulations Pertaining to Outdoor Advertising, All work is to conform to the plans on file with the Colorado Department of Transportation or as modified by this Permit. (IF DISCREPANCIES ARISE. THIS PERMIT SHAll TAKE PRECEDENCE OVER THE PLANS), The Colorado Department of Transportation plan review is only for the general conformance with the Colorado Department of Transportation design and code requirements. The Colorado Department of Transportation is not responsible of the accuracy and adequacy of the design, of dimensions, and elevations which shall be confirmed and correlated at the job site. The Colorado Department of Transportation, through the approval of this document, assumes no responsibility other than stated above for the completeness and/or accuracy of the plans, The contractor shall follow the applicable construction specifications set forth by the Department of Transportation in the latest manual, Standard Specifications for Road and Bridqe Construction, the M & S Standards, and the M,U T CD Any damage to any present highway facilities shall be repaired immediately and prior to continuing other work, Any mud or other material tracked or otherwise deposited on the roadway shall be removed daily or as ordered by the Inspector CDOT will determine the extent of inspection services tor the work, A daily inspection may be done by the Colorado Department of Transportation from the time work begins inside the highway right-ot-way until the job is completed and right-of-way restored to its original condition, Water, storm sewer, sanitary sewer, gas, electrical, landscaping, telephone, traffic signal installations and fiber optic installations will require individual additional permits, The Department will require the permittee to retain a Professional Engineer (PEl to be in Responsible Charge of Construction Observation, The PE's responsibilities include, but are not limited to: The PE in Responsible Charge of Construction Observation shall evaluate compliance with plans and specifications with regard to the roadway improvements within the State Highway Right of Way only The PE's responsibilities shall be as defined in Section 5 of the BYLAWS AND RULES OF THE STATE BOARD OF REGISTRATION FOR PROFESSIONAL ENGINEERS AND LAND SURVEYORS. and the relevant sections of the latest COOT Standard Specifications for Road and Bridge Construction, The PE shall carefully monitor the contractor's compliance on all aspects of construction including Construction Zone Traffic Control. 2, Engineering Certification: After inspection and before final acceptance. the PE shall certify to CDOT in writinq, that all inspections, materials, materials testing, and construction methods conform to the plans. specifications and purpose of the design, The PE shall be experienced and competent in road and bridge construction management, and inspection and materials testing, Certification is defined as a statement that includes all of the following: a, Is signed and/or sealed by a PE representing that the engineering services addressed therein have been performed by the PE, or under the Professional Engineer In Responsible Charge; b Is based upon the PE's knowledge, information, and belief; and c, Is in accordance with applicable standards of practice, Rev 02114106 C:\General PermitsIPermit Terms File\2006\06-OO98,doc Page 1 of5 o 116 o 117 200 [gI 201 [gI 202 d, COOT is reques ')8 written confirmation from the Permittee that -J requirement is met. Two sets of plans on 11" x 17" paper and the original load rating results shall be submitted to Staff Bridge prior to construction for any culvert or bridge with a span longer than 12' or any pedestrian structure, The load rating shall adhere to the procedures specified in the Colorado Department of Transportation Staff Bridge Load Rating Manual. The input file shall be submitted on a 3Yz" floppy disc. When construction is completed, two sets of . As Constructed" plans on 11" x 17" paper shall be sent to Staff Bridge to serve as the permanent record of the construction project. The Permittee and his Professional Engineer shall follow the latest revisions to COOT's Standard Specifications for Road and Bridge Construction, Standard Special Provisions, especially REVISION OF SECTION 509 ERECTION OF STRUCTURES and/or REVISION OF SECTION 618 ERECTION OF STRUCTURES, The revisions can be found on COOT's website, htto:/lwww.dot.state.co.us/DesionSuoport/.ConstructionI1999index.htm WORKER SAFETY AND HEAL TH All workers within the State Highway right of way shall comply with their employer's safety and health policies/procedures, and all applicable U,S, Occupational Safety and Health Administration (OSHA) regulations- including, but not limited to the applicable sections of 29 CFR Part 1910 - Occupational Safety and Health Standards and 29 CFR Part 1926 - Safety and Health Regulations for Construction, , Personal protective equipment (e,g. head protection, footwear, high visibility apparel, safety glasses, hearing protection. respirators, gloves, etc,) shall be worn as appropriate for the work being performed, and as specified in regulation, At a minimum, all workers in the State Highway right of way, except when in their vehicles, shall wear the following personal protective equipment: a, Head protection that complies with the ANSI Z89,1-1997 standard; b, At all construction sites or whenever there is danger of injury to feet, workers shall comply with OSHA's PPE requirements for foot protection per 29 CFR 1910,136, 1926.95, and 1926,96, If required, such footwear shall meet the requirements of ANSI Z41-1999; c, High visibility apparel as specified in the Traffic Control provisions of this permit (at a minimum, ANSI/ISEA 107- 1999, Class 2). Where any of the above-referenced ANSI standards have been revised, the most recent version of the standard shall apply Compliance With NCHRP 350 Crashworthiness Certification for Work Zone Traffic Control Devices Work zone devices designated by FHWA as category I, including but not limited to single-piece drums, tubes, cones and delineators shall meet NCHRP 350 crash test requirements, The Permittee, or their contractor, shall obtain and make available upon request, the manufacturer's written NCHRP 350 certification for each type of category I device, Work zone devices designated by FHWA as category II, including but not limited to barricades, vertical panels with light, drums or cones with light, portable sign supports, intrusion detectors and type III barricades shall meet NCHRP 350 crash test requirements, However, the Permittee may use category II devices originally purchased prior to October 1, 2000 in accordance with Table 1, presented below The Permittee, or their contractor, shall obtain and make available upon request, the manufacturer's written NCHRP 350 FHWA Acceptance Letter for each type of category II device, or shall certify that the category II device was originally purchased prior to October 1, 2000, Work zone devices designated by FHWA as category III. including but not limited to concrete barriers, fixed sign supports, crash cushions, and other work zone devices not meeting the definitions of Category I or II shall meet NCHRP 350 crash test requirements, However, the Permittee may use category III devices originally purchased prior to October 1, 2002 in accordance with Table 1 The Pennittee, or their contractor, shall obtain and make available upon request, the manufacturer's written NCHRP 350 FHWA Acceptance Letter for each type of category III device or shall certify that the category III device was originally purchased prior to October 1, 2002, Work zone devices that do not meet NCHRP 350 requirements shall not be used after the phase out date. FHWA Acceptance Letters for Category II or Category ill Work Zone Devices may be accessed through the FHWA website at http://safetv,fhwa,dot.Qov/roadwavdeal/roadhardwarelwzd,htm, Table 1 Phased Implementation of Work Zone Devices N/A All devices must be in compliance by January 1, 2006, Rev 02/14/0( C:\General PermitsIPennit Tenns File\2006\06-0098,doc PagelofS 300 rgJ 301 rgJ 302 rgJ 303 i:8J 304 400 0 401 0 402 0 403 i:8J 404 500 i:8J 501 i:8J 502 0 503 0 504 i:8J 505 -, Category III J October 1, 2002 for new installL Jns, All devices shall meet Existing devices may be used until service NCHRP 350 compliance life is exhausted or until phase-out date, by whichever comes first. January 1, 2006. Exceotions: (see below) Category III Exception: Units manufactured and purchased after N/A Temporary Concrete Barriers October 1, 2002 must meet new standard, - New Standard: Tvoe 7 F.shaoe Category III Exception: October 1, 1998 for new installations NA Truck-mounted Attenuators & Work Zone Crash Cushions DRAINAGE, WA TER QUALITY CONTROL, ENVIRONMENTAL All disturbed landscaping is to be restored to original or better condition, Areas of roadway and right-of-way disturbed during this installation shall be restored to insure proper drainage and erosion control. It is the responsibility of the Permittee/Applicant to determine which environmental clearances and/or regulations apply to the project, and to obtain any clearances that are required directly from the appropriate agency Please refer to or request a copy of the "COOT Environmental Clearance Information Summary" for details. FAILURE TO COMPLY WITH REGULATORY REQUIREMENTS MAY RESULT IN SUSPENSION OR REVOCATION OF YOUR COOT PERMIT, OR ENFORCEMENT ACTIONS BY OTHER AGENCIES, ALL discharges are subject to the provisions of the Colorado Water Quality Control Act and the Colorado DiSCharge Permit Regulations, Prohibited discharges include substances such as: wash water, paint, automotive fluids, solvents, oils or soaps, Unless otherwise identified by COOT or the Colorado Department of Public Health and Environment (CDPHE) Water Quality Control Division (WQCD) as significant sources of pollutants to the waters of the State, the following diSCharges to storm water systems are allowed without a Colorado Discharge Permit System permit: landscape irrigation, diverted stream flows, uncontaminated ground water infiltration to separate storm sewers, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, footing drains; water line flushing, flows from riparian habitats and wetlands, and flow from fire fighting activities, However, construction activities may require a Construction Stormwater Permit. Contact the COOT Water Quality Program Manager at 303-757-9343. ANY OTHER DISCHARGES may require Colorado Discharge PermiUs or separate penn its from CDPHE or the appropriate agency before work begins, For additional infonnation and forms, go to the CDPHE website at:htto://www.cdohe.state.co.uslwa/PermitsUnitlwacdomt.html. The Permittee is responsible for compliance with all Federal, State, and local environmental regulations, including the COOT Region 6 Prairie Dog Policy The Permittee should have a qualified environmental consultant on staff or hire a qualified environmental consulting firm to assess the proposed project area for potential environmental impacts and obtain any necessary permits prior to disturbance, Environmental impacts include, but are not limited to, wetlands, water quality, threatened or endangered flora and fauna, cultural resources including both archaeological and paleontological resources, and hazardous waste that can affect both human health and the natural environment. Should enforcement action(s) be taken by any agency with jurisdiction, liability for noncompliance with any environmental regulation is the sole responsibility of the Permittee. Questions regarding environmental impacts can be directed to the Region 6 Environrnental Manager at (303) 757-9930, TRAFFIC No access to the work area will be permitted from the main lanes or ramps of the Interstate Highway Any construction equipment with outriggers shall use street pads, No open cuts will be allowed within 30 feet of the edge of the traveled way at night, on weekends, or on hOlidays, Where necessary to remove, add, or relocate a State Highway traffic control device, including striping, such additions, relocation or removals shall be accomplished by the applicant at its own expense and at the direction of the Department. TRAFFIC CONTROL Daytime closures will be allowed Monday through Friday only Night time closures will be allowed Sunday through Thursday only unless otherwise approved by COOT No interference with traffic will be allowed after 12:00 Noon the day before a 3- or 4-day holiday weekend, as listed under 108.07 of the Standard Specifications for Road and Bridge Construction, Closing ONE through lane on state highways, interstates and freeways will be allowed as follows. unless otherwise approved by COOT From _ a,m,To _ pm., OR From _ a,m,To _ p,m" for this permit and area only Closing TWO through lanes on state highways, interstates and freeways will be allowed as follows, unless otherwise approved by COOT From _ a,m, To _ p m, OR From _ a,m To _ pm, for this permit and area only The Permittee shall coordinate all traffic control operations with any special events in the area, The Permittee shall not schedule operations that interfere with traffic from 2 hours before until 2 hours after any Rev 02/l410t C:lGeneral PermitsIPermit Terms File\2006106-D098,doc Page 30[5 o 506 IZl 507 D 508 o 509 fSl 510 IZl 511 fSl 512 fSl 513 fSl 514 fSl 515 fSl 516 600 o 601 o 602 fSl 603 0 604 0 605 0 606 fSl 607 0 608 700 0 701 0 702 0 703 0 704 0 705 800 0 802 such event.) ! Traffic control plans are to be reviewed and accepted before construction, Contact Region 6 Traffic at 303-757-9950 at least two working days before beginning any work near a Department traffic signal. Closing of ramps or traffic lanes will not be permitted, Install Temporary Type VII Barrier with end sections and proper taper around the work area, Two-way traffic must be maintained through the area at all times, No equipment will be allowed in the main lanes of the roadway during construction. No storage of materials or equipment will be allowed within 30 feet of the edge of traveled way Construction signs when not used, shall be turned away from the traffic, All work that requires traffic control shall be supervised by a Traffic Control Supervisor certified by the American Traffic Safety Services Association (ATSSA) or the Colorado Contractors Association (CCA), When flag persons are required they shall be properly certified, Whenever the work will affect the movement or safety of traffic, Permittee shall develop and implement a traffic control plan, and utilize traffic control devices as necessary to ensure the safe and expeditious movement of traffic around and through the work site and the safety of the utility work force. High visibility apparel shall be worn at all times, except when workers are- in their vehicles, Such apparel shall, at a minimum, comply with the Class 2 specifications of the ANSIIISEA 107-1999 standard for High- Visibility Safety Apparel, and as specified in section 6E.02 of the FHWA "Manual on Uniform Traffic Control Devices", Class 3 apparel shall be considered for use at night or in particularly hazardous situations. The traffic control plan and the application of traffic control devices shall conform to the Manual on Uniform Traffic Control Devices and Colorado Supplement thereto, and with the Department's Standard Plans S 630- 1 and S 630-2, S-630-3 for construction traffic Control. Permittee's traffic control plan is subject to CDOT acceptance prior to commencing work on highway right-of- way (ROW), A copy of the accepted traffic control plan must be available on site during work, A certified Traffic Control Supervisor shall be on site at all times while construction traffic control is being utilized on the project. New above ground installations shall be placed outside of roadway "clear zone" as defined by the latest AASHTO Roadside Design Guide or the installation shall have a breakaway system reviewed and approved by CDOT SURFACING Any new joints in asphalt or concrete shall be within 6 to 12 inches of the existing or proposed lane striping, Construct Q-feet wide 4-inch thick concrete sidewalk abutting or behind the curb, Construct handicap ramps at intersection of sidewalks and curbs, The sidewalk, if to be set back from the curb, it shall be at least 5 feet from the curb Curb, gutter and sidewalk shall NOT be poured monolithic EXCEPT in the case of handicap ramps and curb cuts which will be poured monolithic, SAW concrete removals to assure a straight edge for patching, The manhole rings and covers shall be Department of Highways Standard 400 pound, Valve and manhole covers shall be set Y. inch below' finished grade, Okay to make _ , X _ foot pavement cut for connecting purposes. Full depth Hot Bituminous Pavement (HBP) shall be placed daily, 9-inch minimum or match existing, whichever is greater All excavations for utility lines, culverts, trenches or tunnels shall meet the requirements of OSHA or the Colorado Department of Transportation, whichever applies, MAINTENANCE Maintenance work may be done anytime within daylight hours as long as no interference to traffic is caused The Permittee shall be responsible for landscape maintenance, including irrigation, litter removal, weed control and mowing within limits of the work, Install and mark a manual shut-off valve in the Highway right-of-way for emergency use by the Colorado Department of Transportation, The Colorado Department of Transportation reserves the right to do any maintenance work necessary in this area, Notify CDOT Region 6 Maintenance Section 8 Landscaping, Scott Dunstan, at 720-289-0075 before starting work in landscaped areas for locates of sprinkler system, MATERIALS Trees and shrubs shall be planted far enough from the roadway to ensure that branches will not overhang Rev 02/14/0' C:\General pennitsIPennit Tenns File\2006\06'{)()98,doc Page 4 of 5 [gI 803 900 ,0 901 o 902 o 903 o 904 1000 [gI 1001 ~ 1002 ~ 1003 ~ 1004 0 1005 0 1006 0 1007 0 1008 0 1009 '" '0 1010 into the traveled lanes )1aturity. ) Disturbed right-of-way area, where applicable, must be topsoiled, fertilized, mulched, and reseeded with Department of Transportation Specification grass seed mix, which consists of' DRY LAND NATIVE GRASS SEED RATES (PLS= Pure Live Seed; ACRE= 43,560 Sq. Ft.): SPECIES PLS/ACRE Smooth Breme (Manchar), Western Wheatgrass 8 Ibs. Fairway Crested Wheatgrass 4 Ibs. Sideoats Grama 2 Ibs, Blue Grama, Alfalfa (Ladac) 1 Ib, Or landscaped as per approved plans, EARTHWORK Conduit/casing shall.be a minim~m depth of 4 feet. All cable/conduit shall be installed by directional bore, No trenching shall be permitted, The cable shall be placed as per plan with a minimum depth of 4 feet. The cable shall be detectable using existing detection equipment even if an independent wire has to be installed, The cable shall be marked at every horizontal and vertical angle point, the marker shall be placed at the right-of-way with name of the "Owner", offset to the cable, and locators telephone number Markers both ahead of and behind any given marker shall be visible from that marker A 20 to 1 elastic marking ribbon shall be placed between 1 foot above the cable and 1 foot below the ground surface, In congested areas of highway right-of-way, 6 inches of concrete shall be placed over the conduit or cable. This Permit allows for the installation of monitoring wells and monitoring for a 2-year period from date of issue, This Permit may be re.issued for further monitoring at the end of the 2-year period. All construction and abandonment procedures shall conform to the requirements of the State Engineer's office, All drill cuttings and water removed are to be transported from the site and properly disposed of, The wells are to be marked with permanent, waterproof identification stating Permittee's name, address and phone number OTHER Two sets of 1/2 size final plans shall be submitted for acceptance prior to work starting in COOT right-of-way C:\General PennitsIPermit Terms File\2006\06-<J098,doc Rev 02/141lJ Page 5 of5