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Home My Public Portal AboutTBP 2013-04-17 TECHNICAL GUIDANCE DOCUMENT 2011 RULES AND REGULATIONS FOR REGULATORY FLOODPLAINS IN COLORADO September 12, 2011 EXECUTIVE SUMMARY In November 2010,the Colorado Water Conservation Board established new statewide floodplain rules (Rules)that apply to all geographic areas in Colorado. The Rules became effective on January 14, 2011 and established new minimum standards for certain floodplain management activities in excess of those required by the National Flood Insurance Program (NFIP). Several important requirements are contained in the Rules including, but not limited to,the following floodplain management standards that exceed NFIP minimum standards: • One foot of freeboard shall be provided to all new and substantially changed structures in 100- year floodplains,with the exception of critical facilities; • Two feet of freeboard shall be provided to all new and substantially changed critical facilities(as defined in the rules) in 100-year floodplains; • In areas with base flood elevations defined,floodway surcharge criteria shall be reduced to 0.5 feet(from 1.0 feet)for all new studies begun after January 14,2011. Exceptions to this requirement exist and are discussed in the rules as well as this document. The process for determining floodways and regulations associated with the floodways remain unchanged; and • Communities shall regulate areas construction in areas removed from FEMA's regulatory floodplain through a LOMR Based on Fill by requiring require new and substantially improved structures built on these lands to maintain a lowest floor one foot above the base flood elevation,consistent with development in other regulatory floodplains; The purpose of this guidance document is to provide information on the intent and objective of the Rules as well as to clarify areas of ambiguity.The Rules should not be used as a justification for excessive regulation without proper local promulgation. Local governments should update, adopt,and enforce their own local ordinances to stay in compliance with the Rules. It is important to note that both the NFIP and the CWCB have always encouraged and recognized voluntary higher standards by local governments. Communities may, at their sole discretion,adopt ordinances that go beyond state and federal standards.The CWCB can assist local governments with technical information and support regarding higher standards that may be in the best interest of the community and its citizens. As stated in the Rules,communities have a three year grace period (through January 14, 2014)to update their local ordinances to be consistent with the new minimum requirements.The CWCB will work closely with communities on a case-by-case basis to provide guidance and ordinance update assistance as needed. Staff will gladly assist with assessment of alleged violations and will work with local officials to come up with reasonable remedies and correction measures on a case-by-case basis. 1 General Statements Although the Rules present higher standards than those set forth as minimums standards in the NFIP, they become the effective minimum standards for Colorado (in accordance with 40 CFR Part 60.1). This guidance document is also intended to address issues relating to the adoption and implementation of higher standards outlined in the Rules. It is outside of the scope of this document to provide technical assistance for regular standards of the NFIP. For help in administering or complying with NFIP regulations, please contact the CWCB or FEMA for assistance or a list of resource documents. This is a guidance document only,and is not meant to be regulatory in nature. As such, if any statements made in this document are found to be in conflict with the Rules,then the language and associated intent of the Rules shall take precedence. Regarding Rule 3."Purpose and Scope" It is emphasized that the Rules apply to all State of Colorado(State) agencies as well as federal projects that are fully or partially financed using State funds. All activities conducted by State agencies must meet the criteria contained in the Rules,whether taking place on state, local,or private lands. No State agencies are exempt from the Rules, unless otherwise codified through statutory exemptions on a case- by-case basis. State agencies are strongly encouraged to meet all local regulations,and are requested to self-enforce the Rules. Regarding Rule 5."Regulatory Floodplain" It is emphasized that for all purposes,the Rules refer to the 100-year floodplain (1%chance floodplain) as the minimum standard for regulation. There is no CWCB requirement, under any circumstance,for the 500-year floodplain (0.2%chance floodplain)to be used for local regulation. Local decisions to implement wise higher standards,such as a 500-year floodplain standard,are voluntary in nature and the CWCB provides no incentives or disincentives to do so.The 100-year floodplain is consistent with the minimum standards of the NFIP. One of the provisions in the Rules that exceed the NFIP minimum standard is the requirement for new and substantially changed structures on land removed from the 100-year floodplain by a LOMR Based on Fill (LOMR-F)to be elevated one foot above the base flood elevation. While this provision is specifically addressed in Rule 11(c),the language in Rule 5 specifies that a land area removed by FEMA through the LOMB-F process should still be regulated as if it were still in the previously designated floodplain. The intent of this rule is only to regulate development in areas removed from the 100-year floodplain as it pertains to lowest floor elevations as outlined in Rule 11(c). It is not the intent of this rule to apply all other floodplain regulations to these areas. Substantial changes as defined in the rules generally include substantially damaged and substantially improved structures as defined in the NFIP. Regarding Rule 6. "Critical Facilities" It is emphasized that the Rules do not prohibit the placement of critical facilities in the regulatory floodplain. Also,while this rule does encourage local governments to regulate critical facilities within an identified 500-year floodplain,there is no CWCB mandate to either develop 500-year floodplain mapping or to regulate anything within an established 500-year floodplain. The only requirement that results from having a structure or facility labeled as a "critical facility" is that the lowest floor of the structure (or level of protection for a non-structure)should be elevated or 2 floodproofed to two feet above the base flood elevation, rather than one foot above the base flood elevation. No additional requirements or regulations apply as a result of the critical facility determination. Significant latitude is provided to local governments in the determination of whether a proposed land use constitutes a critical facility. As stated in this rule, any"gray area"scenario is up to the discretion of the local government as long as it meets the stated spirit and intent of this rule. While it is impossible to anticipate all circumstances that may arise,the CWCB believes that its intent is clearly stated by the language and examples provided in this rule. CWCB staff will provide technical assistance to any communities requesting help with a determination of whether a proposed structure should be designated as a "critical facility". Local jurisdictions are not required by this rule to develop a list of critical facilities within their community. It is up to each community to determine how to address this rule, but the CWCB recommends to simply add the critical facility determination as a checkoff item to the regular permitting process. A question such as "Does the proposed use of this project constitute a critical facility as outlined in this ordinance?" could be added. If this question is answered yes,then two feet of freeboard above the base flood elevation should be provided in the proposed design. If the question is answered no,then the regular one foot of freeboard may be provided. This rule is not intended to be retroactive. However,substantial changes may require the need to retrofit previously constructed facilities. This substantial change process is not new to the Rules,and has always been in place as a minimum requirement of the NFIP. As has always been the case,the process of determining substantial changes is left to local governments, and there is no need to alter the current local process as a result of this rule. While this rule sets criteria for certain land uses, it is not intended to prescribe local procedures. Finally, one community has suggested that a way to circumvent the need for a critical facilities section in their ordinance is to require two feet of freeboard community-wide in place of the one-foot freeboard required in these rules. Because the only additional regulation in these rules associated with a critical facility designation is an additional foot of freeboard,this would suffice to meet the intent and requirements of the critical facilities ordinance. While it wasn't the intent of the CWCB to encourage this,CWCB staff nonetheless agrees that if a two-foot freeboard was applied communitywide, it would nullify the need to have a critical facilities provision in the local ordinance. Regarding Rule 7."Standards for Delineation of Regulatory Floodplain Information" The intent of this rule is to provide technical criteria for mapping regulatory floodplains. The required standards of this rule are intended to be synonymous with FEMA's mapping program. Regarding Rule 8."Standards for Regulatory Floodways" Floodway provisions have existed for decades in NFIP regulations. This rule does not change any regulations associated with floodways, but does create a higher standard (lower surcharge)for the identification of floodways when new studies occur. It is emphasized that this rule does not prohibit any activities in the regulatory floodway,as has always been the case in NFIP and CWCB regulations. Certain operations can and do occur in existing floodway areas in a viable way. The only additional regulation for floodways (in addition to standard floodplain regulations,which apply to all areas of the regulatory floodplain, including the floodway) is the 3 requirement for a no-rise certification,which prohibits increases in flood elevations due to activities within the floodway. This no-rise requirement for floodway activities has always been present within NFIP regulations. The primary purpose of the floodway requirement is not just protection of the subject development itself, but also to place a limit on the negative effects of the subject development that are pushed off onto neighboring properties. Some discussion regarding the surcharge criteria is needed to frame this guidance. According to the definition for Regulatory Floodway found in 44 CFR Part 59.1,a regulatory floodway means: "the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height" (emphasis added). The CWCB definition is synonymous with this federal definition. An important point to be taken from this wording is that the increase to the water surface elevation is not necessarily equal to the designated height, but can never be more than the designated height. Because cross-sections can vary greatly,even within a reach,the computed floodway is often extremely erratic over short stretches, which makes mapping and regulation challenging. A common technique is to"smooth out"the floodway to a more consistent shape that is more effective for regulation. By definition,the floodway surcharge can never be more than the designated height, but it can be less. This means that in a typical portrayal of a floodway,some of the sections in a reach will contain the maximum surcharge, but some will also show a surcharge less than the designated height, in some cases much less. Examination of a floodway table in most Flood Insurance Studies will show this in real world examples. For example, if the designated height is one foot, as has been FEMA's minimum standard for decades, a sample reach containing 5 cross sections, may show one section with a surcharge of 1.0',one section with a surcharge of 0.9',one section with a surcharge of 0.5',one section with a surcharge of 0.3', and one section with a surcharge of 0.1'. When this reach is shown on the corresponding FIRM, a floodway of relatively consistent width and shape is portrayed. If the sample reach discussed above were to be restudied,three of the hydraulic model sections (0.5', 0.3' and 0.1'surcharges)would meet the new criteria, but two of the sections (1.0' and 0.9' surcharges) would need to have a floodway revision to be consistent with the new statewide rules. It may be possible to re-delineate the floodway with just these two sections revised and still meet FEMA mapping practices for floodway delineation. It is therefore possible that the remaining three sections would not need to be revised. However, if the revised floodway needs to be"smoothed out", it is also possible that some or all of the remaining three sections would need to be revised,even though they have already met the new criteria. The Rules require that for all newly studied reaches,the designated floodway surcharge(height) is reduced to 0.5'. An exemption is available for any studies that result in a change that results in a Letter of Map Revision (LOMR)to previously mapped floodway delineation, as defined in the rules. In other words, LOMR submittals are deliberately exempted from the new floodway criteria as an effort in preventing"patchwork floodways". This means that new studies that begin after the effective date of the Rules that result in any of the following should use the new criteria(or stricter, if local rules indicate), regardless of whether a local ordinance has already been revised with the new criteria: 4 - Any reach with a floodway that is being delineated for the first time, including Risk Map studies; - Any reach that is already mapped using a 0.5' criteria; - Any reach that is being revised in a community that locally requests the new criteria;or - Any reach that is being revised through a FEMA Physical Map Revision If a new study results in a floodplain and floodway delineation that does not meet any of the above four circumstances, it may continue to use the floodway surcharge criteria that was in place for the previous floodway delineation. This rule must be applied regardless of whether the restudy was initiated at the local,state,or federal level,as long as it meets one of the above four conditions. Many studies initiated at the local level are of a smaller nature, and regulatory changes are often accomplished through a LOMR. As stated above, these studies would be exempt from the new requirement. Another important area of clarification relates to the transition of regulation from a 1'surcharge criteria to a 0.5' surcharge criteria. With very limited exceptions, nearly all floodways depicted on currently effective Flood Insurance Rate Maps (FIRMs) in Colorado portray the 1'surcharge criteria. Although some communities have expressed a desire for many years to have a lesser surcharge portrayed on their FIRMs(most commonly 0.5'), FEMA typically has mapped only the 1'surcharge floodway due to a longstanding policy that floodways based on an allowable surcharge more restrictive than the minimum standard would have to be adopted by state law or regulation (even when a 0.5'floodway is available and desired by the community). Because the definition of a floodway states that the surcharge cannot be more than a designated height, a surcharge that is consistently less than the designated height is appropriate and fits the definition. For this reason, CWCB believes that the new surcharge criteria does not require a change in local ordinance and therefore can be considered effective as of January 14, 2011. It is appropriate then that the new floodway criteria can be assumed effective for all new studies that started on or after January 14,2011. The start date is defined as issuance of Notice to Proceed for all non-federal studies and the date of formal issuance of the scope of work for all federal studies. An exemption is available for any studies that result in a change to a previously mapped floodway delineation due to a LOMR, as defined in the Rules. For normal circumstances,federal studies will take several years to complete and it is highly unlikely that the CWCB will need to designate and approve new floodway information (with the 0.5' surcharge) during the three year grace period unless a community has a specific need or request to do SO. The CWCB does not intend to designate newly mapped or remapped floodways with a 1'surcharge criteria for studies with a start date on or after January 14, 2011,with the exception of remapped floodways to be revised through a LOMR. FEMA has been coordinating with the CWCB regarding the new criteria and will support this rule statewide. The intent of this rule is to avoid "patchwork"floodways,with alternating criteria along short reaches, which is why studies resulting in Letters of Map Revision are specifically exempted. For the sake of consistency and fairness,the CWCB suggests that all new floodway information using the new 0.5' surcharge criteria should be completed as part of an objective government study that would lead to new FIRMs or Physical Map Revisions. 5 The CWCB has committed to maintaining a statewide database of stream reaches that use the 0.5' criteria. Once a reach is mapped with the 0.5'surcharge criteria, it must continue to use those criteria in future studies. FEMA and its mapping contractor have been involved in the discussions regarding transitioning to the new criteria. FEMA and the CWCB recommend that any uncertainty over prevailing criteria of a restudied reach should be addressed to the CWCB. If there is uncertainty regarding whether a study will result in a LOMR or a Physical Map Revision, FEMA and its mapping contractor will provide technical support. It is strongly recommended that inquiries regarding this issue take place before the study is started. It must be emphasized that this rule does not require automatic remapping of any stream reaches In other words, if existinp,delineated stream reaches have a 1.0'surcharge floodway attached to them they may continue to exist as the regulatory floodways until a decision is made in the future to restudy them. This rule only addresses the criteria to be used when the decision is made to update the stream reaches. If a community is satisfied with the accuracy of a stream reach that has already been mapped, then it may continue to regulate that reach with the currently mapped floodway. However,as soon as a stream reach is restudied, it should incorporate the new criteria to remap the floodway, unless it will revise the effective FIRM with a LOMR. It must also be emphasized that this rule does not require a floodway to be mapped for new studies. The level of detail for floodplain studies has always varied based on the funds available for the study and the desire for information by the local community. It is still allowable to complete a detailed study for a studied stream without delineating a floodway, as has always been the case. This rule does not add a requirement for floodways to be created either in detailed or approximate studies. The new criteria are generally considered to be a mapping issue, rather than a regulation issue. The new criteria associated with this rule only affect the identification of a floodway reach. It does not, in any way,change the floodplain regulations associated with the floodway or the process used by a local government to regulate floodways. As such, local governments are recommended to simply regulate identified floodways in the same manner that has always been done. Primarily, local governments should continue to require a no-rise certification by a qualified professional (as outlined in this rule No- rise certifications,while technically challenging in many cases, are entirely possible). The most common approach to arriving at a no-rise design of a project is the concept of compensatory storage/conveyance where excavated areas may counteract stockpiled or filled areas. In these situations,engineers can model conditions to assess "net"floodway impacts. It is important to note that the floodway to be regulated is the floodway portrayed on the effective FIRM for the community, unless the community locally decides to regulate a stricter floodway. This means that even with the more restrictive criteria set forth in this rule, a community may continue to regulate the already mapped 1' criteria shown on its effective FIRMS until any reaches are restudied and officially revised by FEMA. As stated earlier,there is no mandate to restudy these reaches, but if any of the reaches are eventually restudied,they should follow the guidelines set forth above. Communities are reminded that this rule (and NFIP regulations)only require no-rise certifications for development within floodway areas. While development in the flood fringe adjacent to floodway areas may affect base flood elevations for the entire floodplain (including the floodway), increases in water surface elevation due to activities outside of the floodway are permitted. 6 A number of communities have inquired as to whether previously studied floodway information will be mandated for regulation,as this was not addressed in the Rules. For example,the Urban Drainage and Flood Control District(UDFCD) has completed a number of studies that incorporated both 1'surcharge criteria (to meet FEMA's requirements) and 0.5'criteria (which meets both UDFCD's model ordinance as well as some local ordinances of member governments). The 0.5'criteria has been used by some local governments,despite the fact that their official FIRMS portray 1' criteria. However, other governments that have not been regulating to the 0.5'criteria do not use the 0.5'floodways, even though they have been studied and delineated. The decision was made that it will be left to each local government to address this issue at the local level;the CWCB does not mandate previously-studied information that was not incorporated into the regulatory floodplain that was considered optional at the time of study. This rule also addresses floodway principles in detailed stream reaches in which floodways have not been delineated. This has always been addressed in NFIP regulations through 44 CFR Part 60.3(c)(10), which states: "(a community shall) require until a regulatory floodway is designated that no new construction,substantial improvements,or other development(including fill)shall be permitted within (regulatory floodplains) unless it is demonstrated that the cumulative effect of the proposed development,when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point within the community." This federal regulation from the NAP has generally been described as suggesting that in areas with base flood elevations identified but no delineated floodway-the entire floodplain should be treated as a floodway until an encroachment analysis can identify which areas would have been considered as floodway,which should then be regulated accordingly. Communities are typically given more latitude in this process than with formal floodways. For example, no-rise certifications are not formally required, but are suggested in certain circumstances. How this is managed at a local level is up to the local community; however,this federal regulation,which has existed for decades, indicates that the concepts of the floodway cannot simply be ignored because a floodway is not delineated on the regulatory map. This rule formally modifies this regulation by substituting the 0.5' criteria,although it does not change the basic process of this preexisting regulation. The stricter criteria will not be enforced by the State until the local ordinance is updated to reflect this. It is important to note that this regulation resides in section (c)of 44 CFR Part 60.3 and addresses stream reaches with base flood elevations identified. FEMA does not require the above regulatory process in approximate studies where base flood elevations are not identified. The Rules similarly do not require that process in stream reaches with approximate studies. A number of communities have already adopted floodway criteria that is more stringent than the 0.5' criteria established by this rule. Communities are entitled to regulate to stricter criteria than that set forth in this rule. However, FEMA has indicated that it will likely continue to strive for consistency on what is shown on future FIRMS to reduce cross-boundary discontinuities. A number of industries have requested exemptions to this rule based on their unique circumstances. It should be noted that the floodway requirements have always been uniformly applied,and this will continue to remain so,with no exceptions for any specific activities or project proponents. On the other 7 hand,this floodway requirement should not be used as the basis for targeting any specific projects, land uses,or industries. Regarding Rule 9."Criteria for Determining the Effects of Flood Control Structures on Regulatory Floodplains" There has been some confusion regarding the purpose and intent of this rule. This rule does not address the legality, maintenance requirements,water rights impacts,and technical requirements for the existence of a flood control structure(such as a dam or detention pond). This rule only addresses whether the flood reduction purposes of the structure can be considered in the floodplain mapping process. In general,the requirements for the consideration of flood reduction capabilities are synonymous with FEMA's mapping criteria. For example, a reservoir may provide incidental flood storage potential for a number of runoff events. However, if there is not pool storage specifically dedicated to flood control,the effects of the reservoir are not counted toward reduction of the downstream regulatory floodplain. This is consistent with FEMA mapping standards. However,this rule just addresses the regulatory flood impacts of the reservoir and does not address any ancillary issues with the existence of the reservoir itself. Regarding Rule 10."Criteria for Determining the Effects of Levees on Regulatory Floodplains" There has been some confusion regarding the purpose and intent of this rule. This rule does not address the legality, maintenance requirements, and technical requirements for the existence of a levee. This rule only addresses whether the flood reduction purposes of the levee can be considered in the floodplain mapping process. In general,the requirements for the consideration of flood reduction capabilities are synonymous with FEMA's mapping criteria. For example, a levee may provide incidental flood protection, but has no provision for public maintenance or is uncertified as being structurally sound. In this case,the effects of the levee are not counted toward reduction of the regulatory floodplain. This rule just addresses the regulatory flood impacts of the levee and does not address any ancillary issues with the existence of the levee itself. As of the date of this document, FEMA policy guidance regarding levees is being developed and the ultimate directive is unknown. The intent of this rule was to be synonymous with FEMA guidelines at the time of the rulemaking hearing. While the CWCB still believes this to be the most prudent approach to dealing with levees,this rule is not intended to be in conflict with FEMA's policies regarding mapping standards involving levees. As such,this rule will remain consistent with FEMA's approach to mapping regulatory floodplains affected by levees. Regarding Rule 11,"Floodplain Management Regulations" This rule, among other things,establishes a new requirement for the treatment of development on lands that are removed by FEMA from the regulatory floodplain through a LOMR Based on Fill (LOMR-F). The intent of this rule is simply to require new and substantially improved structures built on these lands to maintain a lowest floor one foot above the base flood elevation,consistent with development in regulatory floodplains. The purpose of this rule is to mitigate known hazards associated with development in these areas. Experience has shown statewide that development that occurs in these areas has a higher risk of flooding than development in non-floodplain areas. 8 This rule does not apply to lands removed from the regulatory floodplain by FEMA through a LOMR, which although similarly named, is a completely different procedure. It also does not apply to lands removed from the regulatory floodplain through a Physical Map Revision or a Letter of Map Amendment. The local government is responsible for maintaining awareness of which lands within its community have been affected by a LOMR-F. The CWCB and FEMA can assist with this, if needed. Regarding Rule 12."Effects of Flood Mitigation Measures and Stream Alteration Activities on Regulatory Floodplains" This rule, among other things,clarifies a requirement established in 2005 that makes a State requirement for a LOMR to be applied for and issued for any development that increases or decreases the regulatory base flood elevation by more than 0.3 feet. The intent of this requirement is to create a compromise for mapping changes for activities deemed to create a significant change. Any change less than 0.3 feet to the base flood elevation is not considered to be significant by the State, and a mapping change will not be enforced. Although it is not a State concern,communities are reminded of their responsibilities to FEMA through the NFIP, as outlined in 44 CFR Part 65.3,which states: "A community's base flood elevations may increase or decrease resulting from physical changes affecting flooding conditions. As soon as practicable, but not later than six months after the date such information becomes available, a community shall notify(FEMA)of the changes..." This rule does not address responsibilities to FEMA,which is considered to be a local matter. Communities are encouraged to coordinate with FEMA regarding the possible need for floodplain map revisions for impacts from development that are less than 0.3 feet,especially in instances where there are multiple studies in the same general reach that may impact each other. Regarding Rule 15."Variances" The consideration and issuance of variances has always been viewed as a local issue. The CWCB is not involved in the variance process unless specifically requested by a local jurisdiction. Communities continue to be cautioned that the excessive issuance of variances,or variances issued for insufficient factors,can be grounds for enforcement action and may also place the community's status in the NFIP in jeopardy. Regarding Rule 16."Enforcement of Floodplain Rules and Regulations" The existence of more restrictive standards is outlined in NFIP regulations in 44 CFR Part 60.1,which states, "...any flood plain management regulations adopted by a State or a community which are more restrictive than the criteria set forth in (NFIP minimum regulations) are encouraged and shall take precedence." While the State has established its own enforcement procedure as outlined in this rule,communities are cautioned that their standing in the NFIP could be placed in jeopardy by violation of the Rules,which take precedence over minimum NFIP standards. However,the CWCB will not provide enforcement for locally adopted higher standards in excess of these state rules. Enforcement of such higher standards is considered to be a local issue and any complaints of violations will be referred to local jurisdictions. 9 Regarding Rule 20. "Effective Date" The effective date for the Rules is January 14, 2011. The Rules are retroactive in nature. Notwithstanding the previous discussion regarding Rule 8, a three year grace period has been provided for local governments to update their ordinances to comply with the Rules. The CWCB will undertake a comprehensive public outreach effort to assist communities with ordinance updates, including the development of a model ordinance. Communities and interested parties are encouraged to contact the CWCB for technical assistance at any time. Communities should consider anticipated timeframes of their local legal processes in order to have an updated ordinance by January 14, 2014. The Rules do not have a provision for time extensions on these processes. In an effort to accommodate development plans that existed prior to the effective date of the Rules, two exceptions have been established to allow(but not mandate) local communities to continue with development proposals that may be inconsistent with the Rules, but would have met previous floodplain standards. These exceptions include: - Issuance of a floodplain development permit by the local government prior to the date of ordinance update;or - Issuance of a Conditional LOMR (CLOMR) by FEMA prior to the date of ordinance update. Project proponents are reminded that a CLOMR is not the same as a floodplain development permit, and all permitting procedures established by the local government must be adhered to. It is at the discretion of the local government as to whether it will permit a non-conforming project having a valid CLOM R. 10 TOWN OF FRASER ORDINANCE NO. 405 Series 2013 AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 4 OF THE MUNICIPALCODE OF THE TOWN OF FRASER BY THE ADOPTION OF REVISED REGULATIONS FOR THE PREVENTION OF FLOOD DAMAGE WITHIN THE TOWN OF FRASER; AND PROVIDING PENALTIES FOR VIOLATIONS OF THE PROVISIONS THEREOF. WHEREAS, pursuant to Colorado Revised Statutes, Title 31, Article 23, Parts 2 and 3, the Legislature of the State of Colorado has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, flood hazard areas of the Town of Fraser, are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare; and WHEREAS, these flood losses are created by the cumulative effect of obstructions in floodplains which cause an increase in flood heights and velocities, and by the occupancy of flood hazards areas by uses vulnerable to floods and hazardous to other lands because they are inadequately elevated, floodproofed or otherwise protected from flood damage. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO, THAT: PART 1: AMENDMENT OF MUNICIPAL CODE. Chapter 18 of the Code of the Town of Fraser, Colorado (herein sometimes referred to as the "Municipal Code") is hereby amended as follows: [Note: additions are shown in re I old tmn e,irllkle print; deletions are shown as strikethFough -,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,.,,,,..........-,,,...... ,-,,-,,.. .. print: FLOOD DAMAGE PREVENTION REGULATIONS Sec. 18-4-10. STATEMENT OF PURPOSE - 1 - (a) It is the purpose of this Article to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) Protect human life and health; (2) Minimize expenditure of public money for costly flood control projects; (3) Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) Minimize prolonged business interruptions; (5) Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in floodplains; (6) Help maintain a stable tax base by providing for the sound use and development of flood-prone areas in such a manner as to minimize future flood blight areas; and (7) Insure that potential buyers are notified that property is in a flood area. Sec. 18-4-20. METHODS OF REDUCING FLOOD LOSSES (a) In order to accomplish its purposes, this Article uses the following methods: (1) Restrict or prohibit uses that are dangerous to health, safety or property in times of flood, or cause excessive increases in flood heights or velocities; (2) Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction; (3) Control the alteration of natural floodplains, stream channels, and natural protective barriers, which are involved in the accommodation of flood waters; (4) Control filling, grading, dredging and other development which may increase flood damage; (5) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. Sec. 18-4-30. DEFINITIONS -2 - Unless specifically defined below, words or phrases used in this Article shall be interpreted to give them the meaning they have in common usage and to give this Article its most reasonable application. APPEAL– means a request for a review of the Town's Manager's interpretation of any provisions of this Article or a request for a variance. ALLUVIAL FAN FLOODING - means flooding occurring on the surface of an alluvial fan or similar landform which originates at the apex and is characterized by high-velocity flows; active processes of erosion, sediment transport, and deposition; and unpredictable flow paths. AREA OF SHALLOW FLOODING - means a designated AO, AH, or VO zone on a community's Flood Insurance Rate Map (FIRM)with a one percent chance or greater annual chance of flooding to an average depth of one to three feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. AREA OF SPECIAL FLOOD HAZARD - is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A on the Flood Hazard Boundary Map (FHBM). After detailed ratemaking has been completed in preparation for publication of the FIRM, Zone A usually is refined into Zones A, AE, AH, AO, Al-99, VO, V1-30, VE or V. BASE FLOOD - means the flood having a one percent chance of being equaled or exceeded in any given year. . ,,,,-,,,, ,,,........w .............1, ,., '„„µ, ',,,,,,.�Im ............ .......(! FE °, 1,"h elevation,,,m ltio n o a IFS` � Flood Insurance (Rate .0_.,„i, r.12,1„ g II” t, 0 ,,, IR ,,,, ,,,,,,,,,,,,,,Alti ,,,,,- .,,,,, II AI.-A,,,,,,,,2.,_.' j_,,, — ,,�2 and L that t Indicates the water surface elevation ree�, 1tliiru frorr� a flood that. Iha a one -,,,,,,,,,,,,m,,.,. ,.,-,,,,,,,-,�„ .-......................... ,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,–,,,,,,,,,,,.,., ,,,, ,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,.,,,,,,-,....m,-,m,,,,,,,,,,,,,..,-,m.,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,......,,,,,,,,,,,,,,,,,,,,,,,,- r t rmm m,,,r ar- o; . a , . E �q ,,r, vl , 1;,,,,,,,,,,,,,,,,,,,, A- ,,,,,,,,,,,,,,,,,,,,,,,«. P,,mo,r ,.. il BASEMENT- means any area of the building having its floor sub-grade (below ground level) on all sides. CONDITIONAL ILE"II,TER OF MAP REVISION - FEIN �a ��.oimnn ��rmf � r� a ro r e rro"ect Iriclir loew snot, irevl µe are electlive f'lool,rllairr °rya t,tmal � 1 „r�°r ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,mm,,,,,,,,,,,,.,,,,.,,,,,,,,,,,,,,,......,,....,,,,,, ,...,.m,,,,,,,,,,-,.,,.,......- ,...m..............-,,,,,,,,,,.,,,,w,-,m,,,,,,,,,,, ,,,.,.,,,,,,,,,,, -,,m,,,,,,,,,,,,,,,, ,,m,.,.,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,, coinstruction affect tI°�e III irollor� iic or h ratA is 0aairacteristliics of a floo 'irr aouirce and ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�...,�......... .................................Am.....µ........._...Ll��,,,,��,,,,,,,,,, ,,...........��.................��......... ............-.........,,,,,,,,..,,..,....,,,,,,,,,,,,,,,,,,,,,,._....„..............m...........„.............-��„�.-�,..�..�,....m,�.�.�..�,.....,,,,,,,,,,-.,,,.._.�rv�..................................„........gym..,.,,. w thus,.t � !,.,.; pl ;t � modification of tfR s 11 .teg,9,!.!_r � r orl In. ,,l „.......,.,.,.,.,....,,,,,,,,..,,.. , , ,-.,,.—..,,,,,,,,,,,,, , i, -3 - IRI°TI JI II°' l .IT „,,,. stiructure or relate Infrastructure taut rmot the land on which It is .,,,,,,..m,m....................................................m.,.,... . .,.,.,,,,.., ...,m,mm.,.,m............................,-.,..............,.,mm.... ................................m......—.W.,m............,m.............,"..,.....,............................................................................................................... sltuatert ass ecliilfle t Ilan Seclilarin 1tt��4�140 that lif,hooded rrma m°esullt limy sli rmlllfli�,raim t, (hazards .................. .......,-.............................._...... .... .,,,,,,,,,,lAt......................,,.,,,,.,,,,,,,,,, ,,.... ,,,,,,,,.,,,,,,,,,,,„,,,,,,,,,,,,,,,,,.......,,,,, ................ , t ..,, ull �llldc Ihealtl Timm safet.y oum iiuintl:err” ,A e sserttlal servlpe. in�t oft i� l itl,ft,,,,for-;,,,;t E... ...., ,�.., ,.... ,, ,.... .. ,—. .,,,,,,,,,,,,,,,,,,.,-m c........................ tt,( ,y ., ,L ,,liiii�n 1, efgirc R 1 end after a flood DEVELOPMENT - means any man-made change in improved and unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. ELEVATED BUILDING — means for insurance purposes, a nonbasement building which has its lowest floor raised above ground level by foundation walls, shear walls, posts, piers, pilings or columns. EXISTING CONSTRUCTION - means for the purposes of determining rates, structures for which the "start of construction" commenced before the effective date of the FIRM or before January 1, 1975, for FIRMs effective before that date. "Existing construction" may also be referred to as "existing structures." EXISTING MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of the floodplain management regulations adopted by a community. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION- means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from: 1. the overflow of inland or tidal waters. 2. the unusual and rapid accumulation or runoff of surface waters from any source. FLOOD INSURANCE RATE MAP (FIRM) - means an official map of a community, on which the Federal Emergency Management Agency has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. -4 - FLOOD INSURANCE STUDY - is the official report provided by the Federal Emergency Management Agency. The report contains flood profiles, water surface elevation of the base flood, as well as the Flood Boundary-Floodway Map. FLOODPLAIN OR FLOOD-PRONE AREA- means any land area susceptible to being inundated by water from any source (see definition of flooding). FLOODPLAIN MANAGEMENT - means the operation of an overall program of corrective and preventive measures for reducing flood damage, including but not limited to emergency preparedness plans, flood control works and floodplain management regulations. FLOODPLAIN MANAGEMENT REGULATIONS - means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a floodplain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such state or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction. FLOOD PROTECTION SYSTEM - means those physical structural works for which funds have been authorized, appropriated, and expended and which have been constructed specifically to modify flooding in order to reduce the extent of the areas within a community subject to a "special flood hazard" and the extent of the depths of associated flooding. Such a system typically includes hurricane tidal barriers, dams, reservoirs, levees or dikes. These specialized flood modifying works are those constructed in conformance with sound engineering standards. FLOOD PROOFING - means any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. FLOODWAY (REGULATORY FLOODWAY) - means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. �o ora statewide standard or t e tsa E,nat . � e,i s for II e I ,,,,,,,,,,,,,W,,,,,,,,,,,,,,,,,,,' m,,,,,,,,, ,,,,, ,,,,,,,,,,,,,,,,,,,,,, studied reaches shall Ibe on&—hallf ft,�ot 'sl cinches w Il-.afters o°f I a l �.vlr.�r,iioin to ex'lstlrrr floorf a afleL% eatloi��rs irrra i:oirrtlnue to use the fl��,rm�° dwa c![iter'la 'lirr lace at the firne of -,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, y.. ,,,,,,,,,,,,,,,,,,,,,,mm-,mmmm,,,,,,,m,,,,,,,,y... ,,,,,,,,,,,,,,,,,,,,.,,,.............................. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ,,,,. ,,,, .........,... ,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-m,..,,,,,,,,,,,,,,,,,,,,,,, the exlstfal,E loo delineation. , i ,. f„Pt"m�IFll l'f.11 the vertlicWl distai��mce ilin feet above rrer i1icte ateur sur'f'ace elevation ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,--,..........._,�,,,,,,.,.,.,,,,,,,,.,.,.,,,,,,,,,,,,,,,,.,.,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,............................. ,,,,,,,,,, _,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..,,,,,,,,,....... ,,,,,,.....,........,1 ,m,,,,.,.m,.m,,,,,,,,,,,,,,,,,-,,,,,......................., -lrt.e..-r ded t-o, a a ,lin,of safe to, m i, nown factors that cou-.,ld ,,,,,,,,,,,,mm,,,,, ,,, ,,,,,,,,,,,,,....., ....,,.,.,,,,,,,,,, -, ,,,,,,,, ,,,,,,............m,,,,,,,-,,,.,.,,m,.,,,,,,,,,,,,,,, - cointr°llbute to flood Iheli�ihts reatr,r tl°parr the help Iht calr ulate�,f f�ruir a s rolect l sllze flood such as debris locka ,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,, 0_2 r, , ,e o ,erlim, s ary tre lcrcr ased runoff due to urbanization.,,,,,,,,,,,,,.,,,,,.,,.......,_ „ ,,,,,,,,,,,,,,,,,-,,,,_mm_ ...,,..-,,,...,.,., ,,,,..................... ..........,, ,,,.. of time watershed., -5 - HIGHEST ADJACENT GRADE - means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE - means any structure that is: 1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; 2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; 3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or 4. Individually listed on a local inventory or historic places in communities with historic preservation programs that have been certified either: a) by an approved state program as determined by the Secretary of the Interior or; b) directly by the Secretary of the Interior in states without approved programs. LEVEE - means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding. LEVEE SYSTEM - means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LOWEST FLOOR- means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking or vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirement of Section 60.3 of the National Flood Insurance Program regulations. MANUFACTURED HOME - means a structure transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation -6 - when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MANUFACTURED HOME PARK OR SUBDIVISION - means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. MEAN SEA LEVEL - means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. NEW CONSTRUCTION - means, for the purpose of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. For floodplain management purposes, "new construction" means structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by a community and includes any subsequent improvements to such structures. NEW MANUFACTURED HOME PARK OR SUBDIVISION - means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of floodplain management regulations adopted by a community. RECREATIONAL VEHICLE - means a vehicle which is: 1. built on a single chassis; 2. 400 square feet or less when measured at the largest horizontal projections; 3. designed to be self-propelled or permanently towable by a light duty truck; and 4. designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use START OF CONSTRUCTION - (for other than new construction or substantial improvements under the Coastal Barrier Resources Act(Pub. L. 97-348)), includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent -7 - construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE - means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. SUBSTANTIAL DAMAGE - means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT - means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before "start of construction" of the improvement. This includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either: 1. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary conditions or 2. Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure." VARIANCE - is a grant of relief to a person from the requirement of this ordinance when specific enforcement would result in unnecessary hardship. A variance, therefore, permits construction or development in a manner otherwise prohibited by this ordinance. (For full requirements see Section 60.6 of the National Flood Insurance Program regulations.) VIOLATION - means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in Section 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or(e)(5) is presumed to be in violation until such time as that documentation is provided. - 8 - WATER SURFACE ELEVATION - means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929 (or other datum, where specified), of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas. Sec. 18-4-40. GENERAL PROVISIONS (a) Lands To Which This Ordinance Applies. This Article shall apply to all areas of special floodhazard in , , �!.,,,rem.m,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,-,,�.,.,,,,,,,,,,,.,,,,,,�„ ,.,,,.,,,,,,E..,a .�., .........., .� „-,,,,,,,,,�,,,,,,,,,,,��,,.,,,,,,,,,,,,,,,,,,,,�A,,,., ,,,.-,,,,,,,.,,,,,,,er of ., „ �vud from the f'Iod Ilaimn t the m�.� uai�°� �� of a FE MA t..eft� , . .2..RUIsifn Based.w n, FI,ll 1,",,,,)..yithin the jurisdiction of Fraser.i , (b) Basis For Establishing The Areas Of Special Flood Hazard. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled, "The Flood Insurance Study for FFaseF Gran it�t:y llor and f rvlr , ,,,,,,,, 21H dated January 2, 2008, with ac,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,., i ,..,, ,,,,,,, I�ftf",,,,,, „ ,,,,,,, � accompanying Flood Insurance Rate Maps and Flood Boundary-Floodway Maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this ordinance. (c) Establishment Of Development Permit. A Development Permit shall be required to ensure conformance with the provisions of this Article. (d) Compliance. No structure or land shall hereafter be located, altered, or have its use changed without full compliance with the terms of this ordinance and other applicable regulations. (e) Abrogation And Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (f) Interpretation. In the interpretation and application of this Article, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal any other powers granted under State statutes. (g) Warning And Disclaimer Or Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. On rare occasions greater floods can and will occur and flood heights may be increased by man-made or natural causes. This ordinance does not imply that -9 - land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of the community or any official or employee thereof for any flood damages that result from reliance on this ordinance or any administrative decision lawfully made thereunder. Sec. 18-4-50. ADMINISTRATION (a) Designation of the Floodplain Administrator. The Town Manager, or its designee, is hereby appointed the Floodplain Administrator to administer and implement the provisions of this ordinance and other appropriate sections of 44 CFR (National Flood Insurance Program Regulations) pertaining to floodplain management. (b) Duties & Responsibilities of the Floodplain Administrator. Duties and responsibilities of the Floodplain Administrator shall include, but not be limited to, the following: (1) Maintain and hold open for public inspection all records pertaining to the provisions of this ordinance. (2) Review permit application to determine whether proposed building site, including the placement of manufactured homes, will be reasonably safe from flooding. (3) Review, approve or deny all applications for development permits required by adoption of this ordinance. (4) Review permits for proposed development to assure that all necessary permits have been obtained from those Federal, State or local governmental agencies (including Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334)from which prior approval is required. (5) Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions)the Floodplain Administrator shall make the necessary interpretation. (6) Notify, in riverine situations, adjacent communities and the State Coordinating Agency which is Colorado Water Conservation Board, prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Emergency Management Agency. (7) Assure that the flood carrying capacity within the altered or relocated portion of any watercourse is maintained. - 10 - (8) When base flood elevation data has not been provided in accordance with Section 18-4-40(b), the Floodplain Administrator shall obtain, review and reasonably utilize any base flood elevation data and floodway data available from a Federal, State or other source, in order to administer the provisions of Sections 18-4-70 to 18-4-110. (9) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-,half foot at any point within the community. (10) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones Al-30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-ha-M f foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). (c) Permit Procedures. (1) Application for a Development Permit shall be presented to the Floodplain Administrator on forms furnished by him/her and may include, but not be limited to, plans in duplicate drawn to scale showing the location, dimensions, and elevation of proposed landscape alterations, existing and proposed structures, including the placement of manufactured homes, and the location of the foregoing in relation to areas of special flood hazard. Additionally, the following information is required: (i) Elevation (in relation to mean sea level), of the lowest floor(including basement) of all new and substantially improved structures; (ii) Elevation in relation to mean sea level to which any nonresidential structure shall be floodproofed; (iii) A certificate from a registered professional engineer or architect that the nonresidential floodproofed structure shall meet the floodproofing criteria of Section 18- 4-80(b); (iv) Description of the extent to which any watercourse or natural drainage will be altered or relocated as a result of proposed development. - 11 - (v) Maintain a record of all such information in accordance with Section 18-4-50 (b) (1). (2) Approval or denial of a Development Permit by the Floodplain Administrator shall be based on all of the provisions of this ordinance and the following relevant factors: (i) The danger to life and property due to flooding or erosion damage; (ii) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (iii) The danger that materials may be swept onto other lands to the injury of others; (iv) The compatibility of the proposed use with existing and anticipated development; (v) The safety of access to the property in times of flood for ordinary and emergency vehicles; (vi) The costs of providing governmental services during and after flood conditions including maintenance and repair of streets and bridges, and public utilities and facilities such as sewer, gas, electrical and water systems; (vii) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (viii) The necessity to the facility of a waterfront location, where applicable; (ix) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (x) The relationship of the proposed use to the comprehensive plan for that area. Sec. 18-4-60. VARIANCE PROCEDURES (a) The Board of Adjustment as established by the Town of Fraser shall hear and render judgement on requests for variances from the requirements of this Article. (b) The Board of Adjustment shall hear and render judgement on an appeal only when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Article. - 12 - (c) Any person or persons aggrieved by the decision of the Board of Adjustment may appeal such decision in the courts of competent jurisdiction. (d) The Floodplain Administrator shall maintain a record of all actions involving an appeal and shall report variances to the Federal Emergency Management Agency upon request. (e) Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places, without regard to the procedures set forth in the remainder of this Article. (f) Variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing the relevant factors in Section 18-4-50 (c) (2) of this Article have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases. (g) Upon consideration of the factors noted above and the intent of this Article, the Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purpose and objectives of this Article. (h) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (i) Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure. (j) Prerequisites for granting variances: (1) Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. (2) Variances shall only be issued upon: (i) showing a good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant, and - 13 - (iii) a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (3) Any application to whom a variance is granted shall be given written notice that the structure will be permitted to be built with the lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (k) Variances may be issued by a community for new construction and substantial improvements and for other development necessary for the conduct of a functionally dependent use provided that: (1) the criteria outlined in Section 18-4-60 (a)-(i) are met, and (2) the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety. Sec. 18-4-70. PROVISIONS FOR FLOOD HAZARD REDUCTION/GENERAL STANDARDS (a) In all areas of special flood hazards the following provisions are required for all new construction and substantial improvements: (1) All new construction or substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; (2) All new construction or substantial improvements shall be constructed by methods and practices that minimize flood damage; (3) All new construction or substantial improvements shall be constructed with materials resistant to flood damage; (4) All new construction or substantial improvements shall be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. (5) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system; - 14- (6) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the system and discharge from the systems into flood waters; and, (7) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. (b) When a regulatory floodway has not been designated, the Floodplain Administrator must require that no new construction, substantial improvements, or other development (including fill) shall be permitted within Zones Al-30 and AE on the community's FIRM, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one-half foot at any point within the community; and, (c) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Program regulations, a community may approve certain development in Zones A1- 30, AE, AH, on the community's FIRM which increases the water surface elevation of the base flood by more than one-Ih. if foot, provided that the community first applies for a conditional FIRM revision through FEMA (Conditional Letter of Map Revision). Sec. 18-4-80. PROVISIONS FOR FLOOD HAZARD REDUCTION/SPECIFIC STANDARDS In all areas of special flood hazards where base flood elevation data has been provided as set forth in (i) Section 18-4-40 (b), (ii) Section 18-4-50 (b) (8), or(iii) Section 18-4-90 (c), the following provisions are required: (a) Residential Construction - new construction and substantial improvement of any (including ) o one foot of residential structure shall have the lowest floor mcludin basement), to P „ „ ...... rveyor shall submit a certification to the Floodplain Administrator that the standard of this subsection as proposed in Section 18-4-50(c)(1), is satisfied. (b) Nonresidential Construction - new construction and substantial improvements of any commercial, industrial or other nonresidential structure shall either have the lowest floor (including basement) elevated to or--one foot above the base flood level or together with attendant utility and sanitary facilities, be designed so that below one-root above the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify - 15 - that the design and methods of construction are in accordance with accepted standards of practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are floodproofed shall be maintained by the Floodplain Administrator. (c) Enclosures - new construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or meet or exceed the following minimum criteria: (1) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. (2) The bottom of all openings shall be no higher than one foot above grade. (3) Openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (d) Manufactured Homes — (1) Require that all manufactured homes to be placed within Zone A on a community's FHBM or FIRM shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable State and local anchoring requirements for resisting wind forces. (2) Require that manufactured homes that are placed or substantially improved within Zones Al-30, AH, and AE on the community's FIRM on sites (i) outside of a manufactured home park or subdivision, (ii) in a new manufactured home park or subdivision, (iii) in an expansion to an existing manufactured home park or subdivision, or(iv) in an existing manufactured home park or subdivision on which a manufactured home has incurred "substantial damage" as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to of one foot, above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. - 16 - (3) Require that manufactured homes be placed or substantially improved on sites in an existing manufactured home park or subdivision with Zones Al-30, AH and AE on the community's FIRM that are not subject to the provisions of paragraph (4) of this section be elevated so that either: (i) the lowest floor of the manufactured home is at or one foot,above the base flood ......-„,,,,mmm,m.. elevation, or (ii) the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. (e) Recreational Vehicles - Require that recreational vehicles placed on sites within Zones A11-30, AH, and AE on the community's FIRM either: (1) be on the site for fewer than 180 consecutive days, (2) be fully licensed and ready for highway use, or (3) meet the permit requirements of Section 18-4-50(c)(1), and the elevation and anchoring requirements for "manufactured homes” in paragraph (4) of this section. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. (f) Below-Grade Residential Crawlspace Construction - New construction and substantial improvement of any below-grade crawlspace shall: (1) Have the interior grade elevation that is below base flood elevation no lower than two feet below the lowest adjacent grade; (2) Have the height of the below-grade crawlspace measured from the interior grade of the crawlspace to the top of the foundation wall, not exceed four feet at any point; (3) Have an adequate drainage system that allows floodwaters to drain from the interior area of the crawlspace following a flood; (4) Be anchored to prevent flotation, collapse, or lateral movement of the structure and be capable of resisting the hydrostatic and hydrodynamic loads; (5) Be constructed with materials and utility equipment resistant to flood damage; - 17 - (6) Be constructed using methods and practices that minimize flood damage; (7) Be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding; (8) Be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: (i) A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; (ii) The bottom of all openings shall be no higher than one foot above grade; (iii) Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. Sec. 18-4-90. PROVISIONS FOR FLOOD HAZARD REDUCTION/STANDARDS FOR SUBDIVISION PROPOSALS (a) All subdivision proposals including the placement of manufactured home parks and subdivisions shall be consistent with Sections 18-4-10 and 18-4-20 of this Article. (b) All proposals for the development of subdivisions including the placement of manufactured home parks and subdivisions shall meet Development Permit requirements of Section 18-4-40 (c); Section 18-4-50 (c) and the provisions of Sections 18-4-70 to 18-4-110 of this Article. (c) Base flood elevation data shall be generated for subdivision proposals and other proposed development including the placement of manufactured home parks and subdivisions which is greater than 50 lots or 5 acres, whichever is lesser, if not otherwise provided pursuant to Section 18-4-40 (b)or Section 18-4-50 (b) (8) this Article. (d) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have adequate drainage provided to reduce exposure to flood hazards. (e) All subdivision proposals including the placement of manufactured home parks and subdivisions shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize or eliminate flood damage. - 18 - Sec. 18-4-100. PROVISIONS FOR FLOOD HAZARD REDUCTION/STANDARDS FOR AREAS OF SHALLOW FLOODING (AO/AH ZONES) Located within the areas of special flood hazard established in Section 18-4-40 (b), are areas designated as shallow flooding. These areas have special flood hazards associated with base flood depths of 1 to 3 feet where a clearly defined channel does not exist and where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (a) All new construction and substantial improvements of residential structures have the lowest floor(including basement) elevated one foot above the highest adjacent grade at least acam ne foot above the depth number specified in feet on the community's FIRM (at least three feet if no depth number is specified). (b) All new construction and substantial improvements of non-residential structures: (1) have the lowest floor(including basement) elevated above the highest adjacent g as foot above the depth number specified in feet on the grade least q ,-,,-. ................... - community's FIRM (at leastt.hr.22 MG feet if no depth number is specified), or; (2) together with attendant utility and sanitary facilities be designed so that below 211101111211 foot above the base flood level the structure is watertight with walls substantially ..................m„......,........................ . impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (c) A registered professional engineer or architect shall submit a certification to the Floodplain Administrator that the standards of this Section, as proposed in Section 18-4-50 (c) (1) are satisfied. (d) Require within Zones AH or AO adequate drainage paths around structures on slopes, to guide flood waters around and away from proposed structures. Sec. 18-4-110. PROVISIONS FOR FLOOD HAZARD REDUCTION /FLOODAYS Floodways - located within areas of special flood hazard established in Section 18-4-40 (b) are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles and erosion potential, the following provisions shall apply: (a) Encroachments are prohibited, including fill, new construction, substantial improvements and other development within the adopted regulatory floodway unless it has been - 19 - demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge. (b) If Section 18-4-110 (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Sections 18- 4-70 to 18-4-110. (c) Under the provisions of 44 CFR Chapter 1, Section 65.12, of the National Flood Insurance Regulations, a community may permit encroachments within the adopted regulatory floodway that would result in an increase in base flood elevations, provided that the community first applies for a conditional FIRM and floodway revision through FEMA. Sec. -4-12 w t,'7ER ION f F 1"E C UIRSE f,or aII r°o ousel ev dlVo i lirnueunt thhat,alteir°a atercouib°se wltf�uun a S eciiiial II Ioorf Hazard ,,,,,,,,,,,,,p ,, -.,- ,mmmm.-,,,,,,,,,,,,,,,,m, ,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,-W,.,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,-,,,,,,,,,,,,,,,,,,,,,,,,,,. ,,,,.,,,,,.. ,,,,°,,mm ,,,,, mm, I lhrt,,,121 L 'in staim� air°its a ,t11y°, I Ghanine�lllliifzatloin a,rn flo 'ii' irs'ion °��roMects slhalVllll ��I I ro r! el consider issues of „°,,,,,,,,,,,,,,,,,°,,,,,mm,,,,,,,,,,°,°,,,,,,,,,,,,,,mmm,,,,,,mm,,,,,,,,,,,,,m, ,,,,,,,.,,,,,,,,,m-,,,,,,,,,,,,,,,,,,,,,m...,m,,,,,,,,,,°,°,°,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,�,,,,t f,,,,,,....,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,°,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,......,,,,,,,,,,,,,_„.,,.......................... . sedum exit t�°f�r sunoi�t e;�°osionl"�u , , s do ,@ �„mf' Ig, ',,,;'dioin ain5 iro�t '°l��y aunt � Ilivainnin t - ,,,,,,,, °°,,,,,,, ... mit'It e p otsnt) � , IIsi tlrou In t,lle pro°'ert as w*IIII asu�� ta army o nstirearn of 2.n °orov�r�ner t act'ivit etaile l aunai ails of se i� ermt trans �,�r°t arm 2verall chamm�sllll stalbll'it b.�houl e coins'i er �l f en a° ro ir'late to „°°,,,,,,,,,,p...mm--,,,,,, m.,,,,,.,m,,,,,,,,,,,, .,°,m.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,,,,,,,.,.,.,y,,,,,,,,,,,,,,,,,,,,,m,,,,,,,,,,,,,,m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,..-,,,mm.,-„ ..m-,,,,,,,,,,, „�„ „°,......-.,,- .m,�1p,.,m,-,.Ip,.,-,m,,,,.m.,,,,,,,km . sWst i *t;irninint t, , , mo� o 1t ,,,,,,,,,,, ,,,,,, m„-,,,,,,,m„m,,,,,,,,,,,,,,,,,,�„-,,,,,,,,, ,,,,,,,,, 2 0hannelizatlon an fVow l ects shall evaluate the residual 10 -.1,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,,,,,,,,,,,,,,,,,,,,,,-,,,,,,,,-......,,,,m,,,,,,,,,,,,,,,,,,,......,,,,,,,,,,y slo� , pro....m .... ,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,_,,,,,,,,......,,,,,,.............................. f°, Bir floodp.L in” 5W °.mm,t�!°„ �.II annefizatliion ooir ol,; ° `,l",,,°i,.Ar�eaom alteration actilvilty Il ro ose Il y a r ro�eot E2 orient 2 ust tie evaluate for fits i��rm act o�° tlhe rep ulmat�,�ir f'Ilo�, lain aii° fie Imii° ,,,,,,,,,,p,,,,,,,,,,,,,,,,,,,°,,,,°°„°,,,,,,,,,,,,,,.,,,, ,,,,,,,,,,,,,,,, ,,,,,,..—...,,,,,,,,_,..,,,,,,,,,,,,,,,,,,,.............,,,........... I ,,, ,,, ,..,mm,,,,.,,,,,,,,,,,,,,,,,mm,,,,,, ,,,,, °,,,,,,,,,,,,,,,,y,,,,,,,,,,,�„ „„-°,I ,,,,,,,,,,,,-,.°.„.„°........,,-„„°,,,.m, i p.!J imrm, '; ,,,,,,,,, ith Ii 1 ,Bi ll F e s ra l,_at�m ,,, i at Il fpm 11�Wlq � l �, l�ip�° i l� ,�,L E f uf .i n in r i nc Mw ,,, 4 n streanro alteratiiion activlt sll��alll ire desl ned g! seslle ' s use Istere olorad.o, i r-of ss-,i inaillll in lneer oui t i,tfe rofessi� g t �ol Ist. .,,,,,,,,,,,,,,,,,,,,.,,,.,.,.,., .....,,,,, .... .—L ,,,,,,,,,,,°........................,,,°„ .................,,,,,, , ,,,,,,,,,,,,,,,, 5 lull I iities Ib °I iioim�.t�IV y�,,ire1,tf,!, , r , �, 1 I� „ � t sllll l'i' otirm ,Ihalll rmee IcallI� Foeral tatie ,,,,,,,,,,m„ ,,,,,,,,,, : I 'r seir;(°,Ilw, , ,, I� In f ° � ime ulat„ �rsiin� ii°its uim� ions. -20 - 6 Within 'the Re ul " o dwa strearn alteration activitles shall not be ..........................................q . .........al, 2..........................Y..........I.....................................J I.......................A......................................................................J....................--.-........... i.,mistructed Unlessthe p -P M irnonstrates thir uq� 2. . .1 L.REP 022 jt�A.p........... ......................... .................................. [9 .................- 0 ai nd yj ��2.y I..........[�Eis a M.P ........2 imp Colorado Profess.ior1 n F,.jj!gj .............................. ................ ..............--............................................... F -..m theire is no�t moire Vhan a 0.00-�-foot rise in t1w -so q.?.ndit'I'ons comp redto ................. .1-11- ,,,°...................-1........I.,.,.,.,.,.,.,.,.,.,..........................................................--...........................°°,,,,,,.........................1 JP.12PR_,.d q, _1 I.I.I.I.°........................... . .......................... existling (.-)n ItIons Fjoodw§y g,,M!tJnq firomil 012 1 �it Otherwise kn °,,,,,,,,,,,°wn as a No�� . �,C ........................... g ........ ................................................ .................................................... .................. �Rise Cerfiflcafia!�,.!M!5,� : ...................................... I.the cornimyn.i f a C1 OMR and Moodw ................I..........................................................ly r.............. .j� ......................................................................... ..................-I.-,-..,................ revislon in acmr'dance with Section D of this Article ..........-.1...................................... ..........................- -.1..................... 7. Maintenance shafl�...be r Wred -d or relocat dj.2. ions of �� q.E R!U..A!j, 19 - e .................................—............................................................. L I I.,............... ................................................................ ........ wa,teircourses so Vliat the fk-) d-ca gj 2. y is linished. j not dim . ................. Sec. 18-4-130. PROPERIIES REMOVED PROM 'njE FLOODPLAIN ��BY PI IL .................................-.111,111.1.1.1111-.-.......-..................—..................................................................................................................................................................................... ......................................... Develop ., t .E 2.![mIt shall no,t II issued f'oir the constructioni of a new ........................................... .... !._[L -, .......................................................................... ...........................—,........................... ............................................................ structure oir addition 'to an existing stiLt g!M�ie, on a p p -,.!1y...�Lernoved fromthe floogj,.) .............. ......... ........I "Ill-..'�....,.",-..-.�.11,111.��.........-................... .... fg. .......................-.-..........................—.1...........I !j��fi th(..% Issuaince o,f a FEMA Letter.of hj@j) :- n ef..;,,- such .....................................°,.,,,.... .................................---,........................................... _!jeylslon Based on F.HI �L �MR.El 1! ............... ...............I............... ........ -L-5------- new structure Vii,, cornp �,,, AgLk.1hefollowlin : I.,........................ ......................................................................---............. ..�ft ...................M- 1. RESIDEN I IAL cams,rRUGTION ...............................I...................................................-1.............................- The lowes;t..:flooir,Qiinc!ijdjn ...basemjj22.,,,f, ad q, lafloin,p �2i iin ... ........................... .............................. fm .........M11 _!M[U! __q .......................................... .............................. ....... air codlt�o,.irri'n .e u pjrs.e..r.A. and otlwir seimice facUffies fincluding .....................................................,,w%. ............. .........................q ............ q .......... .......................... ........ irnust Ibe elevated �to one foo�t above the Base Flood Ellevation 'that wdstedp .............................................................................................................. .............. ....................................................................................................... .....![!or th............I.. M.nj of fill. 2 NOWRESIDIENTIAl CONSTRUC"I'1014 ................................................... .................. lhe heating VpjLt,.,k!fI!.Ion.,.p ............. ................... ..... .......................... � aind air coiindit ment aind otheir service n I ............. ..................U.2MO.U...f.).21-22.....................I........................ M.....................................-..........'facilitles (i c udling.,.d !,.wor .......... ................................- .. ...................................... _...Mg must be elevatedto one foot above the 13ase Flood Elevation that ex st i ed floir to I.:.h ..p ,,,,,,,,,,,,,,,,,,,,,,,,,,,°,,,,,,,,,,,m„.11-1.112-Alth afteindai,-i q i I!y Lq ..Mg.11gr y t M fk2.1111jes Ibe ............... ............-................ ........................ .............................................. d thatthe structure or addition Is waterd �g 2 T 1 2 1 as,t one�fnot above ........................................... the baset�oocf level that exis d ........rv............ ...... ......................................................I............p te lJor to,the �p ..... ........ IMMgr, .Eft.of fill with walls ...................... ............. n 11 1 o t e 221,5.. 1!L.. ..... ................. ..........!ja y 2EM22. b e. t h ....... ...I..... . ....., f.water aind with structural ,,,,,,,°,,, ..................................................... c m oineints hay!mm jUjoL 2, -M 1 -1-11, M.�i I o�f iire .1 , ing...hy , nf.-! ty....L42g KL@njig 2.............12.................--.......... !y........................ E29 E ............ ��oaids o�f effe s of b IS) , ince. Sec. 18-4-140., STAN DARDS �F'O�R C I R III CAL FMN LIIII IES ............ ...................... ............................................................................ �........................................... A CriticM UFa I llll tits a structuire or related linfrastructu.ire but inot the land on which it is ....I....... .................................. .............................................................................................................................1 gj, u , d as Rule 61 of the Rules and R e 2.1212r ms .2 ..........2!2.......... ................ .........22!gR!!!SM.s, .for �R .......................... ....................... ...................................................................... ......... ...1-1 .........-.9 Y.f.!.22s!PI§!..,........... in Co��oira ha,t If floo in si m iazairdstojjgj�!�c heafth and saf'!Lty A(L t............................ ded mgy. e fm fi(mmlu .......... C- ........... ................... -21 - mmim�mmm mu�ygIt �mium 'i' se � � i� m mum° comm" " " ui�� " ;,,," i m„ ..........................................u u I.......................................... mi, .,m q llll uir a m,w m urmm mm rat � �� uimmm, d ..° ,,,„,,,,",,,,,,,,,,,,,,,,,,,,,,,,", ,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,"",,,,,,,,,,,,,,,,,,.,,,,,,,,m,",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,m,,,,,,,,,,,,,,,,..„,,,,,,,,,,,,-,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-1 It Igmm mo m im - mmmimmmmmlmmmllUlgm o, the Il .mar of,,,I irti steel o tIhe ' m mm omf Iq�iraser t uldentl ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, , ,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,W ,,,,,,,,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ........... .__............... .....,,,,,,,,,,,,„,,,,... .................,,,,, mmmm a mm.mm `Iqm°iumm mm�mm° m� iq 'iq mmtir u t uires mm�m �„�m mmw mmm mm°mmm�m�'�� mom t tIq°mm�m�°'rmlq�mmm lgmm m�mi mi a ...................._,,,,,,.,.,,,..,.,..,.,,,,,,,,,,,,,,,,,,,,,,.""„",,,"",,,,,,,,,.,,,,,,,",,,,",,,,,,.m,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,.,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,.,,,,,,,,�„,,,,,,,,,,,,,,,,,,,",,,.mm,,,, ,,,,,,,,,,,,„,,,,,,,,,,�,,,,,,,.,,,,,,,,,- ir'ilb:iicam 111 I i iiii iq mm mmum classified mmmmm i�w the, m �llNmmmm��mm m,�.m, amm"6 mmw m�; ;tmmm�mtia aterl ls.;.., ,,,�,,,,LEl w" �” iq” i ,, m ,J Yltal m . ,tm,im, mmmmm � .mm ' � �� ,,,,,, q, ,.,,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,, .,,, a. Essential seirvlcesfac��Iii�es incluide b ER m -Md- I.,”jA m at g „ii ��ms�. .,mlq°!Iq ,.....��m ,., j [ut, �,�t,'u! �,,,,, ,!q°�, ,.,�t,ir nom 2[!gj'„!l" i�°I�IRfel"'iu"i� . These m iglm s consist o : ,,,"", , I,,,,,,, ",,,,,,, „" L � m i ,)o is mm mm rescue �. m m f ,,,,,,,,,,, ,,,,,,,,„,,,,,,_,,,,,,,,........... °, Illrmmmmle and m,”' „!l„ !��,��,��!;� mir ism p „�mm°mm. n pEl 1 mj mm,,,,,,,,,,," ,,,,,,,,,,,,,,,,,,,,,.,,,,,„,,,,,,,, ,,,,,,,,. ,,,,,,,, ,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,, H. Eim m i��, c,.....vn....................................' � ui°m�m m,m ,�� a mm m�ulq .22 rvi m�.�mi��m m,rl";�,,,,” o I ,,,,,, i°m . ,,,,,I , I�m m m m m a lug , .......................° .......................n't" ............................................................. a Ilr ur aiivnm,�la!a� m ,., m°mim° �l,,,,,,struct uii� ,,,,"but,,,," Il"w,m,,,,,,,,,,'iii,lll ,, , ,!,I,! „ Oq 21 ... m R,,,,,,, , ofm� � gy mm� � im car medical ructu es m ! W df �,m" "m ,,,,, " I , " ,, r muNliN mmm 'ommmmmmm mmmmmm mmmm Iv Communications ry i " , l ,,,,,,,m° mim Immu ii � Iq Iq��, n mmim°m ,m, mm.��mmm "�„gym',,.ent ,mmmm mm Ilkmlgm im m .. satellite i gym, m m t q 'm 'l�mmm,,,,,,m d o and m th(:mm,,,,,,,,,,,,,,,�,,,,,,,” ,_ ,,, ,m".....�..................................... ,,,",,,, . " I, m fic tatil le �m u, mm, V mmm m ' q mm Nmmmmm reatm, ,iunm�,,,,lq ,, iarm ,,", a" "m mm m m a mu immrm imm tat.1 m°mmm mm mien, Iq , ,,n„ �,,,,,,� m�umm,m mw � mmm mmmmmr �mmm,glm,mlum°mm, mrm�.urNY m�m �im° Iq'iu,lm ,,,,, mm Ljm j..mu,m lra ins rniss'immm°m IUnes ., Il tii�^'��mm,�tiq m°m �'�i��m „�,,,«m".......................M ,iu°� i Igigimmmms �mmm�m A. it reran"�� , ! Il, Imm fife fines a mmmmmm°mi i„I�ma! gym mom e,,E, -22 - ""sociated linfrastructur, .... ........................--........................................................................ e (gy1ation contro.1 toweirsglirtraffic control ................ ................................................................................................................. ................-"-'-`,....................................................... 2! f.m(ap..! M5%.q yip ietit alircraft .......... .............................. ,ap 221 fic ex tions to this cateq in .,l"1 de wastewatertreatinlent aints 5-Elp ............ y ............................................................... ................ .........................—.............-................................................... treatment and distribytion.s ems and ....................................................................I.....................-_.. ..........y .... . .........!........... �purteinainces. Putflft tjfiflL H I ....... ��J�2�1 j�t es n a _jb �!,xeng ted�jf It can Ibe demonstrated to ........................ ...................--...................... ............. ............................................................. �the sat isfaction i,)f the Board ot' rinistees o�f the Town of"Firaser thatthe .....................................I.....................I.,.,.,1.1-1-1-1-1-.1'...�...................................................... ................................................................................... f�!.ijyjs ain eleivient of a redundai.n � ir wh1q:h service will inio,t I.be ............................................-...................................... f ....................__................. .............................. I MeEEIL182 gi gurlin afioi,:)d,, At,a vnim�!M!jMjt shall be deimoinstratedthat ................. I......a............I........................................................................ .................................. ............................... ,ir...t.,Ld. La n d..a nt'.."If1a. ..c.l.li.t i,es a.ir.e avalial. ..... !jhp Hty....... ................. ......... .............. ..... �Ie .g. ......Lgvtjjq lie sarne U'd , Or ................................................. ...!L�y . ...................................................... avallab e Clim tj h 'inirneint I a 11.2 e m e n.,t. or o"t.�he.r...con't.�i.r,,aRt)Ald ................M.......... 2 ---------j.oveF ...................................... ............ I.,.....................................................R....-S conin e..cte d..A ative facifffies are elther loca,ted outside of the 100- ....................... ........I............... ....................................................................I.-................I..................... ............................................. .......................... y2p.Ela Ai Lq.1-11.,oir are e..jLi 9 h this Article and amn ............I........... ................... .............I.............................................-..;.......... P.�122,E i.0[!R.j. !An is in effe(.Athat states Viow ireduindant .............................................................................................................................................................................s m-.E............w i.�H.p .Mide service to the affected area in the eveint o�f aflood. l Evidence of minim .........................................................................-............................................................. .................. redundancy s all �b e p f2y�dw d to the Board of Frustees o�f fl�ie Town of ........... ..... ................-.................................................................... .................. TTa-;e r on airt as-ineeded bass UP yest ........................... .-............ �bm Hazardous mateiria�sfacl I fties include fadflifleathat jg,!, y c e, .................................................................................. .................................. ......................................................................................................................................................... m±U'um Idmllll y .1.2siye �2 p .j!g.q/or wateir.--reactive materials .......... ............................................................. ...... These facififies rn linclude: .......................... q_y........................................................... 1. Chemical and 1,,) ia IML .................................... ..... 2Ikfl! jp-.11 i!!�q,.gjlcal mainufact irin ... ............................. .................q H. L.aboratories containiin I�i ly i toxic ........................................- .,q _.y2!!2jHe flarnmabg I �m .......................................................................... ...] qjj_ =.......................... .................... and/or wateir-reactive i t iir al .................... ... ....... H eiir L B&i±n lv�. 1�d'azardous waste stoiraq and sites A!2 g, ................................................................ ...... ...... v Above 9MLAD.LOR,2EM EME 1 5 M2E,_Ly, g ceinteir, , ............................ Faciliflbs shall� be determined �to �be Cd',rlwtical Facififies ifth!-. S.- or .......... m,,,,,,,,,,,,,,,-,......................................................................................................................................... .......................................................... .y store mateirials lin excess ofthireshold limits. If i e o w-in e" of a facilily is I...................I.,.........................................................I...........I.,.,.............. ..................... ..........I.........................--.-...........................I................................,m,,,"„................. ............ E2.LL . -3afekty d 1--lealth Adimlinistra-boi Sa, mm ................................................................. M4teirial Safe Data Sheet IMP�D 2fl-Ek i2LOY chemicals stored .....................................................MIX...................... ....................................... ............................................... or used in tlie work 1. !-0 .ANL�.Che cheimical.( is.s,t.oirc.�d.,.Iiri�,.g.M.�.!]I�ie.s e jWl mw m ........ .................................-...................................... ............................................ ............. ...........................q I................. C i Quain, !y lcal�, Pa ir ......................................................................................................................... ......... .......... ............. fOE!af2ir'fl�iat cheirn ............... -23 - thein tha, ...faciljit shall be consideiredte:p be a Critical Facifity. "I he TPQ for ..........................................................!....................................y................................ire I.............................................!..................i..................................................................... these chemilcals is: eft1her 500 inds o the'TPQ Usted . ...................................................................................._p2L. ........................(Aj�!uj q 12 e.m.e. ..v 1 s� r 40 CJF.. cheimicals Usted unde .............. ...........................................................................................I.,............................... 211 2 tI.I.-O.w. ...in asExtrenm HazardOLISSubstainces Is �_........M...R y..................... .......................................................................I.F �i).; f. ern lcal,, This Chireshold is consistent with 'the reguirennents ............................................................................. ..... e� cheimicals estabfish d b �the Colora o lealth aind E..........................I.,....................................................................................................2....................y................................................................................f4.............!22p L AftgM� o�f I ..................I................... nvironiment.. OSHA tsfor M&II)S can �be found in 29 Cf.. .....................................................................................................,..................fp,..q gi.M. 2g.g ................................................................................................................................................................................................................ 191�2 (22121,:[h2 Einviroinimental Pir,o,tectil on_AV(,aicy_IL--" !6j [Mlation .. J� � ifi �i .,0 in on,ap �Fd_ ot f cat on " 40 ........................ L L12. gt�.e Quarifffiles ati 302 1 22.12.).-Rind.0 I IA.Lj.-. SI gjLIIIg!join �(�)ccu)atj2!2gj agf2!y and Fleaftfi Stain d a.i.r.d s, a," ........ ...................... ..........1............................I..................... ......... 29 C E orated 1herehi b re eireiii and linclude ..........§ ,,,,,,ire oii ........... ............................................................................. mm ...gglations in existence at th time of the p E2! U.jg.gTimm U-tis oirdli ai . e ............................................................................................................................ .......................... ...................................................... ............. In...........�20, �but exclude later aimendrineints to or(..�,dftlons ofthe jc ...........................................................................................................................................................................................—,,Ee MLqt,lor1s., -is�to thi c include: pp �f�c.,exe.rn �tior s ate ................ g2M ....... ........................... ........................................................ ........................................................ 1. FInIshed coinsujimer ,wq ucts within i centeirs, aiind households ........................................ .........................L. ........................... C in hazardous rwiatedla!s Lntejided foir, mm gym.. use gn.g 2!1� �3................................................................................................................................................................................................................................................................................... .................. iMiirl nlftyra� , roducts inteinded foiu!�gg,Eicuftural use. ..................Lp................._............... ............................................-I 1I Bu.iW�L111. ..Eng !,- her structures contaln! ms mateirlaisfair .......... ....................................................................................................................._3��........................I.,....................................................................... which it cain be derrionstrated to the satisfaction off`the local .................... ..............................................................................I...........................................................................................I.........,.................. a.!, , o I 1,i . ... ... 1h m° assessment and ceirfifican MI .................................................................................................................gym. ...................... b 1 d !Ep d 4�Lr;q! A!�.io M j2§_.g2jE[fl),Ine _L _ig!rIsdiction ty- .......... ...I........................... ....................... ....diction ...................... haylirulLgEt .�.,g iM.. Cuw 3 Ithorl y �'t, t ).that a release ofthe sub azaiii ............ ........... ..............................................................................................................�IL material does not 12 . r threat tothe p . .................................................................. _221 U.' 212 1.,.....................................I.,........................... .....M.ML fli Rhairimacegfigaj sak,�* use storgEgo and distribution centers that do .............................p........................................................ ......... ....................... not is inu arty........e........ .... gErrj,p c a !2!m!& These exeMI81ons shall n0t a p o bufloing.M. 2M �%ir,,ArUctures;that also ........................._. _..........................................................2 jy±. .................. ..........-.1........................................................................................................also fUnction as Critical F"acl I Ries undeir aiinother..categ M2MIYined in 'this 1.......................................................................................................................................... ............ ............................................................_..................................... Article. ............ c., Include medical care .................................... ................................................................................................................._...,.......................................... schools. "T'hese facilifies consist of: ................................................,...................................... L E.Id r,,,c r.,,I.,iII.urSi!CL p - . q M2:5) . .................................. .. 1L a UMq lill C In qte care seiryl 12 or moire iindividuals gp aEe...and ....................I.... .......... ......................................................................... s 1 sl e..d....I iyjl ing .................. ................. ................ .)re -24 - HL, public and 1 fivate schools I 521's Facilities lta III I��t m I services � �m .°,�m, .�, � , , m „",,,.,,,. —,.,.,,,, Ll�E i t .,,,,,,,,,, r �Y' Hi�es consist f: ,..,,,,,,,,,,,,,,.- ,,,,,,, ,,,,,,,,,,,,,,'.,,,,,,,,,,,,,,,,,,,,,,,,.,,. ,,,,,,,,,,,,,,,,,,,.,,. I. m,IMm�',�, .l,�, 2 � �m �m � i� I�..........i (,IRu ,! jgw L I,Id °mnj i m . ,,,,,„,,m a i m m ,,,,, ,, ,,.,.,., .,,. Imiu°i immmmmm..k�mu� i�mc °mu,,,,,,,,,,,,,,, Iii .........................................,,, ,,,,,,,,,,,,,,,,"' ,,,,,,,,... ,,,,,,, ,,,:,.,:,,,;,,,,,,,,w.,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,, ,,,,,,�,g'�,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,�,.,_,,, ".,,."iwfi s m°mmuw m�imw � iu I� i �muu�u� ��° ,,,,,,,,,m,,,,.,.,,�w mmmmluW: °G, m,,,,,, lm ,,,,, ,l�m " mlu , hTesewm ,,,, ,,,, „,,mm,,,,,,,,,,,,,,,,,,, m,,,,,,,, ,,, . ,,,..,,,,.,,,, , ,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,m,,,,. - :,,,,,....,.,.,,,,,,, ,,,,,,,,,,,,m,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,, ,, w,�,,,,,,,,,element� f',,, redundant mm ,, urm 'im,,, I ��ui� ..� u�m ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,.,,,,,,,,,,,... .. ..,.,.,_.. mP ,mu,,,m m,� ,IN,� im ,, �,,,,, ,,,,,,�,, ,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,��,., ,,,,, . ,,,,,,,,,.,.,�,.,.: ,,�, ;,,,,,,,,,,,,,,, � m will not e imm�iiiu m minim°"�mw AI.,,,,,,,,, �,um"�m i c� ;,,,,shall dei monstr �� I,,;t t redundant ndant f lIII'fti' �m ,,,,,,,,._ .�...mm ,., a mW � iu�m � u ,,,m,'i, ,,, °,,,,,,, :, b t � ,,,,,,,,,,,,,,, � ,� ,, �,,,,,,,,,,,,,,,,,,,,,,,,,,,, �.�,,,�,,,,,,,,r,m,,,,,,��, ,,,,,,,,,,,.R,„,,.,.,.,�.,,,�..,,,,,,,,,,.,, „ , III u...,fire__ °mm,m en'thy�,�iu m D mil mm°,gy m � m�u m m ur ” uruu�im,mm!, .j.,,t mml, gg,-eerneint or other contracfj�,, , „. ,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,, ,,,,,,,,,.,,,,,,,,,,,,,,,,,,,,,,.. aim �; ,I� .. „u ,l";, IW,, I� lui m rim m i m �� t ift thi i� ili m°m��w g. m ,,, imixm ,,,,,,,,,,,,,,,,,,,,,, mm,,,,,,,,,,,,,,,,.,,,,,,,.,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,......,,,,,,,,.,.,.,,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,`;,,,,,,,,,,,,°�,,.,, janj,��.,,,in f tel ,t states Dhow iiredym�mdain facififle ill ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,., ....,,,,m,.,.,,,,,,m,,,,,,,,,,, ,.,,,,,,,..,,,,,,,,,,,,,,,,,,.,,,,,,,,,.,,,,,,,. ,.,,,,,,,,,.,,,,.,,,,,,,,,,�, „ml �.a air ea imp,,,,,,,,,,,,,, .............................."' „ ,i��a��,i�,iM.291.d-215a.IbR�,l�mll�m„11 ui°f lu ,,,,Jim , !: , ................................'Trustees the "m” ni m ew mmml m�m imi � m � lii m m �m re, iV2 , 2. PROTEGTION FOR CRITICAL FACII-ITIES IHII um m m M2RH MI ro Critical Facilities itio s to ��itical, , ,,,,,,,,,,,,,,, i ry ry i a e ,,,,,, ,,,,,,,,,,,,,,, , , I i° inllifie located ithmimn fl u,% 1 i� 01Flood I„Il ur” r �m �� Ike im �i� �m� � �m ,,.,. N .. .... m im° m l � im;, , ,� ,. ,,,,! , ,,,�,�;��. mpur�m'�m�m, a�,,,,; ,,,,,III ,,,�',,,,,,,,,,,,,,,,,�C,,,,,,lum� I I� iwl��i lii , For the .�. ..,, a m, ,,,,,,,,, ,,,, ..... ,,,e��f. t.....°gym miuimmm� mm ..flim� � �� immmm �l� mmmm,mu �mmm mom Ial� mrimm µY,,,, .� Location outside i l � Flood m I m mm r ..... .W; � ...,,,,,., ,,., � b. °,,„_, mm„�,,,,,,,,,,,,,_.,;fl,,,,(,,,,,,,,,,,,,, ,,,,,��,, ,,,,,�,,, ... .;,, ,,,,-,.,,,,,:.,-,,.,,,,,,.-,.:m,,,,,,,.,.! ;m at lm m: �, � fee above the ..............., im, im mmr ° m ° mm_ 'minrm� ajm': Im mmml�m:m�u ,.. ., .,_,.. ,,,.,,,, .,,,,,,m,,,,,,,,,,,,,,,,,,,,.,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,...,_,..., Base I�Iood Elevation. 2 INGR S D EGRESS FOR mm l'° L. FACILITIES -25 - Mew CiHifical Facilities shall d ,E!,%,ss for evacuation and �i e in s I s ....d r.n ..al 0 ear flood event,. Penalties and enforcement /8\ Every person convicted of a violation of any provision of this Article or the codes adopted herein shall be punished as set forth in Section 1-4-10 of this Code. /b\ In the event of any violation or threatened violation of this Article, the Board of Trustees may, in addition [o other remedies provided by law, institute an appropriate action for injunction, mandamus or abatement to prevent, enjoin, obotmorne0ovmouohvio|ationorthreahened violation. PART 2: REPEAL. Any and all existing ordinances or parts of ordinances of the Town of Fraser covering the same matters as embraced in this Ordinance are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed; pnovided, however, that such repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this Ordinance. PART 3: SEVERABILITY. |f any section, subsection, sentence, clause or phrase ofthis Ordinance is, for any reaoon, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The Town of Fn@88r hereby declares that it would have adopted this Ordinance, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases thereof be declared invalid orunconstitutional. PART 4: PUBLICATION: This Ordinance shall bepublished by title only. -26 - READ, PASSED, ADOPTED AND ORDERED PUBLISHED BY THE BOARD OF TRUSTEES AND SIGNED THIS 17th DAY OF APRIL, 2013. Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: _ BY: ( SEAL ) Peggy Smith, Mayor ATTEST: Lu Berger, Town Clerk Published in the Middle Park Times on -27 - C OIL OR AD Planner Floodplain Memo for TB April 17th, 2013 OO July 6' 2012. Congress reauthorized the National Flood Insurance Program (NFIP). Along with that reauthorization came many changes that are slowly being 'implemented bv the NF|Fzin accordance with the new legislation. Fraser participates in the NF|Pand as such we must adopt and enforce floodplain management regulations that meet or exceed the minimum hJF|P standards and requirements. Boaic8||y' these regulations provide the legal framework for communities to exercise their floodplain management responsibilities. Communities are also required 0o enforce more restrictive State requirements if they exist. The State of Colorado adopted higher standards for floodplain management, which are outlined in the Rules and Regulations for Regulatory F|oodp|8insiD Colorado (RU|8G) effective January 14. 2O11. These Rules are now the effective minimum floodplain standards for the State of Colorado and communities have three years from January 14. 2011 to adopt |oCe| regulations consistent with the Rules. We have contacted Jamie Prochno who is the Community Assistance Program Coordinator in the Watershed and Flood Protection Section with the Colorado Water Conservation Board (CVVCB). Jamie works with local governments in reducing flood damages and protecting the natural functions off|modp|ains across Colorado. She has reviewed our current regulations for the prevention of flood damage within the Town of Fraser. Fraser needs to update our floodplain regulations by January 14, 2014 in order to continue to participate in the NF|P. For your information, floodplain regulations in general do not affect existing buildings unless they are substantially improved, which means that the value of the improvements exceeds 5D96nf the market value. Attached tothis memo is an email and letter from the C%WCBeup|aining in more detail why communities need to update their floodplain regulations by January 14, 2014. For additional information, included in the packet is a technical guidance document detailing the Flu|ea and Regulations for Regulatory F|oodp|aine in Colorado. Included in the packet are proposed changes to our floodplain regulations. Jamie Prochno will be present at our pre-meeting workshop to explain the new regulations and the NF|P. Please contact nne with questions and/or comments. . Thanks. Town ofFraser pO Box 37O, Fraser. CO 80442 office 970-726-5491 fax 970-726-5518 nw"w.6ascrco1orudo.00m Catherine Trotter From: jamie.prochno @state.co.us Sent: Wednesday, January 16, 2013 1:35 PM To: Catherine Trotter Subject: Floodplain Regulations Update Attachments: CEO Letter Jan 2013.pdf Follow Up Flag: Follow up Flag Status: Flagged w k, Good afternoon, As you are probably aware, the Colorado Water Conservation Board (CWCB) has new Rules and Regulations(Rules) that will likely require most communities to update their floodplain regulations by January 14, 2014. A three-year transition period has been provided and we are now in the final year. To ensure that all communities are aware of the upcoming changes, the CWCB Board has instructed me to send a letter to Chief Elected Officials of communities that have not yet adopted regulations consistent with the Rules. That letter is attached for your information and hard copies will start going out today. If your community has adopted compliant regulations and sent them to me, your CEO should not receive a letter. Please let me know if you have any questions or would like help in updating your community's floodplain regulations. Thank you, Jamie Prochno, NFIP Coordinator Watershed and Flood Protection Section Colorado Water Conservation Board jamie.prochno(,@state.co.us (303)866-3441 ext 3215 Please access the CWCB/IBCC Insider on the CWCB or IBCC websites to manage your account, including changing your default password, editing your contact data, updating your registration to the various public subscription lists, and deleting your account. STATE OF COLORADO Colorado Water Conservation Board CON DepartmentD ."q 1580 Logan Street,Suite 600 Denver,Colorado 80203 Phone:(303)866-3441 cry Fax:(303)894-2578 www.cwcb.statc.co.us John W.Hickenlooper January 16,2013 Governor Mike King DNR Executive Director Jennifer L.Gimbel Dear Chief Elected Official, CWCB Director The Colorado Water Conservation Board(CWCB)would like for you to be aware of some very important information related to your community's floodplain ordinance and related National Flood Insurance Program(NFIP)issues. In late 2010,the Colorado Water Conservation Board(CWCB)adopted revised Rules and Regulations for Floodplains in Colorado(Rules),effective January 14,2011. The Rules provide higher floodplain management standards that will help your community to reduce the risks to people and property caused by flooding. A three-year transition period was provided and all Colorado communities have until January 14,2014 to adopt floodplain regulations consistent with the Rules. The Federal Emergency Management Agency(FEMA) is already aware of this requirement and will work closely with the CWCB on this matter as appropriate. It is essential for you to know that a community's failure to adopt updated floodplain regulations consistent with the Rules,as well as any updates necessary to bring local regulations into compliance with minimum National Flood Insurance Program(NFIP) criteria,will lead to serious sanctions. I assure you that CWCB staff is eager to assist your community as needed to help with compliance questions and a smooth adoption process. There is no cost to you for technical assistance. For clarification purposes, and depending on your community's current floodplain regulations and status in the NFIP,non-compliance with the Rules may result in either NFIP suspension or probation and a reclassification under the Community Rating System(CRS) if applicable. Availability of certain CWCB flood and watershed grant funding would be at risk as well. In the interest of framing the issue and providing enough detail for your consideration and decision making purposes,some specific examples might be helpful. If a community is placed on NFIP probation, a$50 surcharge would be placed on flood insurance policies. The community would then need to correct the identified deficiencies, including adopting the Rules,or be subject to NFIP suspension. In addition,a community participating in the CRS,which provides flood insurance premium discounts for communities exceeding the NFIP minimum standards,would lose any discounts. If a community is suspended from the NFIP, federally-backed flood insurance policies would no longer be available and existing policies will lapse at renewal.Federally-backed loans,grants and other financial assistance for activities within the floodplain would not be available. If a Presidential Disaster Declaration caused by flooding is made, property owners would be ineligible for most forms of disaster assistance. Interstate Compact Compliance•Watershed Protection•Flood Planning&Mitigation•Stream&Lake Protection Water Project Loans&Grants•Water Modeling•Conservation&Drought Planning•Water Supply Planning In order for your community to remain in good standing in the NFIP and eligible for certain grant funding through the CWCB,the Rules should be enacted in a legally enforceable document by January 14,2014. If your community already has updated floodplain regulations,then it would be greatly appreciated if you would send me a copy of the adopted regulations for review.Again,feel free to contact me anytime by phone or email if you have questions or if your staff would like assistance in updating floodplain management regulations. Sincerely, Jamie achnoPNF IP Coordinator Colorado Water Conservation Board 1313 Sherman Street, Room 721 Phone: (303) 866-3441 ext. 3215 jam ie.Mchno�i2i�state.cg,,us 2 FRASER BOARD OF TRUSTEES MINUTES DATE: Wednesday, April 4, 201 MEETING: Board of Trustees Regular Meeting PLACE: Fraser Town Hall Board Room PRESENT Board: Mayor Peggy Smith; Mayor Pro-Tem Steve Sumrall; Trustees; Philip Naill, Eileen Waldow, Vesta Shapiro, Cheri Sanders and Adam Cwiklin Staff: Town Manager Jeff Durbin; Town Clerk, Lu Berger; Finance Manager Nat Havens; Public Works Director Allen Nordin; Town Planner, Catherine Trotter; Police Chief, Glen Trainor, Plant Supervisor Joe Fuqua, Special Attorney Boots Ferguson and Kylie Crandall Mayor Smith called the meeting to order at 5:39 p.m. 1. Roll Call 2. Approval of Agenda Trustee Sumrall moved, and Trustee Cwiklin seconded the motion to approve the agenda. Motion carried: 7-0. 3. Executive Session: For a conference with Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding Byers Peak Ranch and to include Special Counsel Ferguson and Crandall, Town Manager Durbin, Public Works Director Nordin, Planner Trotter and Finance Manager Havens. Open: 5:40 p.m. Trustee Naill moved, and Trustee Cwiklin seconded the motion to enter into executive session. Motion carried: 7-0. Exit: 7:05 p.m. Trustee Cwiklin moved, and Trustee Shapiro seconded the motion to exit executive session. Motion carried: 7-0. Attorney's pinion Required C.R.S. 4- -40 ( )( .5)�II)� ). As the attorney representing the Town of Fraser, I am of the opinion that the entire Executive Session, which was not recorded, constituted a privileged attorney-client communication. Boots Ferguson, Special Attorney Page 2 of 3 4. Consent Agenda: a) Minutes— March 20 & 26th, 2013 Resolution 2013-04-01 was moved to a discussion item. Trustee Sanders moved, and Trustee Naill seconded the motion to approve the consent agenda as amended. Motion carried: 7-0. 5. Open Forum: 6. Updates: 7. Public Hearings: a) Byers Peak Ranch I. Petition for Annexation for Byers Peak Ranch for the Annexation of Territory to the Town of Fraser; II. Approval of Byers Peak Ranch Annexation and Development Agreement; III. Application for an Amendment to the Official Zone Map for PDD Zoning and Approval of PDD Plan for Byers Peak Ranch IV. Application for Approval of Vested Rights as set forth in the Annexation Agreement; V. Application for Approval of Development Permit for Colorado Adventure Park; VI. Application for Approval of a Subdivision Exemption; VII. Approval of Amendments to Service Plan for the West Mountain Metropolitan District. VIII. Approval of Grading and Excavations Plan Trustee Sanders moved, and Trustee Naill seconded the motion to open the public hearing on Byers Peak Ranch. Motion carried: 7-0. SC Ferguson briefed the audience on the annexation petition and subsequent agreements. Public comments were taken. Trustee Sumrall moved, and Trustee Sanders seconded the motion to close public comment on Byers Peak Ranch but allow written comment until April 24, 2013. Motion carried: 7-0. Trustee Sumrall moved, and Trustee Sanders seconded the motion to continue the public hearing on Byers Peak Ranch until May 1, 2013. Motion carried: 7-0. 8. Discussion and Possible Action Regarding: a) Resolution 2013-04-01 A Resolution Entering Into A Contract With J. T. Kopp Construction For The Construction Of The Pretreatment Dry Lime Feeder Addition At The Upper Fraser Valley Wastewater Treatment Plant Page 3of3 Andy Miller expressed a concern that this was not a fair bidding process. Action tabled. 9. Executive Session: For a conference with Special Counsel for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b) and for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e) regarding Byers Peak Ranch and to include Special Counsel Ferguson and Crandall, Town Manager Durbin, Public Works Director Nordin, Planner Trotter and Finance Manager Havens. Cancelled. 10. Community Reports: 11. Other Business: Trustee Shapiro moved, and Trustee Naill seconded the motion to adjourn. Motion carried: 7-0. Meeting adjourned at 9:03 p.m. Lu Berger, Town Clerk C0160RADO s � To: Mayor Smith and Board of Trustees From: Allen Nordin, Director of Public Works Date: April 17, 2013 Subject: CONSENT AGENDA—2013 Sewer System Annual Inspection & Cleaning Contract iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillillilliillillillillillillilliillillillillilliillillillillillillillillillillillilI The following is an outline of expenditures related to our sanitary sewer collection system maintenance program based on the 2013 budget appropriation of$60,000 for repair and maintenance items and $135,000 for capital improvement projects. With over 96,000 lineal feet (LF) or approximately 18.2 miles of sanitary sewer pipe ranging in size from 6 inch to 24 inch, it is necessary to maintain this infrastructure through video documentation and jetter (high pressure water) cleaning. Not all lines are cleaned if the video shows there is not a need. This maintenance program is structured to allow the entire collection system to be inspected over a seven year period, for a total of 7 separate service areas. This is an aggressive schedule but it is necessary to take this approach in order to educate ourselves on the condition of the pipes in the ground in an effort to identify and budget accordingly for any needed repairs. 2013 will provide video inspection and potential line cleaning (jetting) maintenance on approximately 19,100 LF of 8-inch sewer pipe in the Rendezvous subdivision, specifically the `East Mountain South (EMS) Service Area' to include Filings 2, 3, 4, and 7. Much of this infrastructure was installed in the early to mid 2000's. Some history: In 2011 the Sewer Maintenance & Inspection program was initiated in the Ptarmigan area including Fox Run and Wapiti Meadows. Approximately 7,700 LF of Town owned sewer lines were cleaned and video documented. From these video inspections two areas were identified that needed to be repaired, Ermine Lane and Ferret Lane, where an 8 inch main was obstructed due to a section of ductile iron pipe (DIP) having settled over time and created an off-set at both ends of the joints. The inspection/cleaning crews were not able to pass their camera or jetter nozzle through these failures. DIP was installed in these two areas where a water line crossing was necessary per town standards at that time. These areas were repaired in June of 2012 using C-900 PVC pipe and gasketed joint couplings and included patching the asphalt roadway at a cost of approximately $7,700. The 2012 maintenance program completed the balance of the lines in the original service areas of Fraser that were not slip lined during the 2010-11 Cure-In-Place-Pipe (CIPP) rehabilitation n of IC::uIT ,,;e r II.ox ,370 Il eraser, CO 80442 office 970 726...549`1 fax 9 70...726...5518 program. Those lines were inspected,jetted and video documented pre and post construction of the CIPP project. Other service areas that were maintained in 2012 included Cozens Pointe, Cozens Meadow and The Willows. This project consisted of approximately 12,000 LF of pipe sizes ranging from 8-inch to 12 inch. Since the Town does not own line cleaning and video equipment such as a vac/jetter truck for the cleaning or a closed-circuit television (CCTV) camera truck for the video documentation, it is necessary to contract out this work. As we have established a very positive working relationship with Anderson Services out of Golden it is anticipated that we will contract with them for this work again this year. They have not had a price increase in over 4 years. The work is anticipated to begin during the last week of June and should take approximately two weeks to complete. Staff recommends approval of Resolution 2013-04-03 authorizing expenditures for the 2013 Sewer System Inspection & Cleaning Contract in the amount Not-To-Exceed $25,000. Please contact me in advance of the meeting to discuss any questions you may have. Allen n of IC::uIT ,,;e r II.ox370 Il eraser, CO 80442 office 970 726...549`1 fax 970...726...5518 TOWN OF FRASER RESOLUTION NO. 2013-04-03 A RESOLUTION AUTHORIZING EXPENDITURES FOR THE 2013 SEWER SYSTEM ANNUAL INSPECTION AND CLEANING CONTRACT AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT FOR THE WORK. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby authorizes expenditures not to exceed $25,000 for sewer collection line inspections; cleaning and video documentation as outlined by the Public Works Director's supplemental briefing and authorizing the Town Manager to enter into a contract for the work. 2. All documents must be executed and work completed within fiscal year 2013 or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 17th DAY OF APRIL, 2013. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: _ BY: Mayor ATTEST: (S E A L) Town Clerk SEWER LINE SHARING AGREEMENT THIS AGREEMENT is made and entered into effective 2013, by and between WINTER PARK RANCH WATER AND SANITATION DISTRICT, a Colorado special district (hereinafter referred to as WPRWSD), and the TOWN OF FRASER, COLORADO (hereinafter "Fraser"); RECITALS A. WPRWSD and Fraser are both engaged in the provision of sanitary sewer services within their respective jurisdictions. B. WPRWSD and Fraser are parties to the Upper Fraser Valley Wastewater Treatment Agreement ("Joint Facilities Agreement"), executed in 2001 and as subsequently assigned and amended, whereby they and the Grand County Water and Sanitation District 41 jointly own and operate a sewage treatment plant and certain sewage interceptor lines used to transport sewage to the treatment facility. C. For many years, WPRWSD and Fraser have shared the use of other sewer mains not covered in the Joint Facilities Agreement to convey sewage to the sewage treatment plant. D. WPRWSD and Fraser now desire to confirm their understanding and agreement regarding the shared use of those sewer mains and arrangements for the maintenance, repair and replacement of such mains, as in this Agreement provided. E. WPRWSD and Fraser have both commissioned a study because the Red Line is nearing capacity and must either be replaced or have the usage thereof reduced. A copy of that study is attached hereto as Exhibit A. The parties have agreed to implement Option 5 referred to in said study, in accordance with the terms of this Agreement. NOW THEREFORE, in consideration of the premises, the mutual commitments, covenants and agreements herein contained, and for other good and valuable consideration, the receipt and adequacy which is hereby acknowledged, the parties agree as follows: AGREEMENT 1. Definition. When used herein, the term "EQR" (equivalent residential usage unit) shall have the same meaning as defined in the Joint Facilities Agreement. 2. Shared Lines. The sewer mains currently shared by WPRWSD and Fraser, which are not covered by the Joint Facilities Agreement, are depicted on Exhibit A at page E3 attached hereto and are referred to herein as the "Green Line", "Red Line" and "Yellow Line", corresponding with the colors of the lines shown on said Exhibit. For purposes of this Agreement, said Green, Red and Yellow Lines are deemed to be owned by WPRWSD, notwithstanding the fact that both parties have contributed to the construction and maintenance of some of those lines in the past. Pursuant to Option 5, the existing sewer main located in Quail Drive, which is owned by Fraser, will be connected to WPRWSD's main and a portion will become a shared line (the "Quail Line"), as depicted on Exhibit A at page E3. Said Green, Red, Yellow, and Quail Lines are collectively referred to as the "Shared Lines". The number of WPRWSD and Fraser EQR's currently connected to each Shared Line, and the anticipated total number of EQR's that will be connected when all adjacent properties are developed("Build Out") are shown on Exhibit C, and are tabulated(as to each party's percentage of responsibility for maintenance and construction of each line) on Exhibit B attached hereto. The "Percentage Use at Build Out" column of Exhibit B represents each party's share of the use of each respective Shared Line at build out and also represents each party's share of the costs for maintenance and repairs, as more fully provided below. If, subsequent to the execution of this Agreement, there is more than a One Percent(1%) change in the shared use of any Shared Line due to a change in the anticipated number of EQR's to be connected at build out, the percentage of the shared cost shall be adjusted accordingly. 3. Ownership and Cost Sharing. A. For purposes of this Agreement, each party shall be deemed to have a proportionate use interest in each Shared Line corresponding with that party's Percentage Use at Build Out as shown on Exhibit B. Similarly, each party shall be responsible for payment of a share of the costs of maintenance, repair, and replacement of each Shared Line in accordance with the party's Percentage Use at Build Out, in accordance with the procedures provided herein below. Shared costs shall include amounts paid for labor and materials used for the maintenance, repair or replacement of the Shared Lines. If any such work is performed by employees of either party, that employees' work may be included as a shared cost. Each party shall bill the other party on a monthly basis for that party's share of costs for the preceding month or months. Invoices shall be paid within thirty (30) days from the date of the invoice. Each invoice shall include reasonable detail with regard to expenditures. B. The new manhole and the connector line from the WPRWSD main to the Quail Line, as contemplated in Option 5, shall be owned by WPRWSD. As provided in section 5, the cost of installing Option 5, including the new manhole and connector line, shall be borne one-half by WPRWSD, and one-half by Fraser. The new manhole and connector line shall be maintained by WPRWSD at its sole expense. 4. Routine Operations. The owner of each Shared Line, shall have the sole responsibility for overseeing the operation, maintenance and repair of such lines and the right to make decisions with regard to those lines; provided, however, that no action shall be taken by the owner that would interrupt or interfere with the other party's shared use without written notification to the other party a minimum of seven (7)business days in advance of the routine operation action to be taken. Each party is authorized to incur costs not to exceed $10,000 per calendar year, or such greater amount as may be budgeted pursuant to Section 7 hereof, for routine maintenance and repairs and for emergency repairs relating to the Shared Lines. - 2 - Lines. Emergency repairs exceeding $10,000 may be authorized by Fraser's manager or WPRWSD's manager subject to appropriation and/or approval by each party's respective board. 5. Major Repairs or Replacements. It is anticipated that the existing Green and Yellow Lines have sufficient reserve capacity to accommodate the estimated EQR's of both parties at build out and such Lines are in a condition that should not require any major repairs or replacements within the foreseeable future. The Red Line is currently at or near capacity, has exceeded its useful life, and will require an upgrade or replacement in the near future to accommodate additional sewer flows. Option 5 of the Vision Land Consultants Inc. Memorandum, Exhibit A attached hereto, shall be followed to resolve the capacity issue in the Red Line. WPRWSD shall be responsible for the final design, bidding and administration of construction of the Option 5 plan and for acquisition of necessary easements. The design documents shall be submitted to Fraser for review and comment before implementation. The costs of implementing Option 5 shall be shared equally (one-half each)by the parties; provided, however, that such costs shall not exceed $104,000 without the written consent of both parties. 6. Emergency Repairs. In the event an emergency repair is necessary on any of the sewer mains that are the subject of this agreement, the non-owning party may conduct emergency repairs, if unable to contact the owner of the line for one(1)hour or if the owner advises it is unable to initiate repairs or the non-owner is directed by the owner to make repairs. 7. Cost Reimbursement. Within 30 days after the end of each calendar year, each party shall provide a written report to the other party with the description and amount of any costs incurred for maintenance or repair of the Shared Lines during the calendar year then ended. The parties will reconcile such reports to allocate the costs according to the formula stated above and determine the amount of any reimbursement due from one party to the other. Payment for any such reimbursement shall be due within 90 days after the end of the calendar year for which the costs were reported. 8. Budgeting. No later than September 30 of each year, each party shall confer regarding expected expenditures during the following calendar year for maintenance, repair and/or replacement of the Shared Lines. Such personnel shall then report to their respective governing body regarding the anticipated amount of such expenditures and the allocation thereof between the parties according to the formula provided herein, for purposes of consideration of such expenditures in the budgeting processes of the party's governing body. 9. Limitation of Infiltration - Both parties agree to take appropriate steps to limit infiltration into the Shared Lines in accordance with the standards established pursuant to the Joint Facilities Agreement. 10. Warranties - All warranties for labor and materials relating to the Shared Lines shall run in favor of and inure for the benefit the parties in ownership of such Lines as provided herein. - 3 - 11. Joint Facility Lines. In addition to the Shared Lines, WPRWSD is currently utilizing a portion of Fraser's reserved capacity in Trunk Line B, as described in the Joint Facilities Agreement, to service WPRWSD's office facilities at Fraser's Manhole B007 (3.15 EQR). WPRWSD has and will continue to pay sewer service fees at Fraser's established rate, as amended from time to time, as compensation for use of said Trunk Line. In addition, WPRWSD is expected to utilize an additional portion of Fraser's reserved capacity in Trunk Lines A and B described in the Joint Facilities Agreement to service the Emery Property, which is within the WPRWSD boundaries and which will be connected at Fraser's Manhole A010 (estimated at 2.88 EQR),. If such connection is made, WPRWSD shall reimburse Fraser for 0.24% of the maintenance, repair and replacement costs attributable to Trunk Line A and 0.05% of the maintenance, repair and replacement costs attributable to Trunk Line B, corresponding with WPRWSD's proportionate usage of the capacities of said Trunk Lines. 12. Assignment -Neither party shall assign its rights, duties and obligations under this Agreement without the prior written consent of the other party; provided, however, that this restriction shall not preclude the contracting out of repairs, maintenance or other work relating to the Shared Lines. 13. Indemnification. Each party agrees to indemnify and hold harmless the other party, its employees and agents, from and against all claims, damages, liability and awards, arising or incurred as a result of any act or omission by the indemnifying party or its employees or agents pursuant to the terms of this Agreement; provided, however, in case of liability on a third-party claim relating to a Shared Line where both WPRWSD and Fraser are finally adjudged to be equally at fault or faultless, the liability shall be shared according to the formula provided herein for sharing ownership and costs with respect to such Shared Line. 14. Annual Appropriation. Each party's financial obligations under this Agreement shall be subject to annual appropriation by that party's governing body. In the event that a party fails to appropriate funds as required by this Agreement or as necessary to fulfill its obligations hereunder, that party's right to use non-owned Shared Lines shall cease, effective One Hundred Eighty (18 0) days after notice is given that a payment due hereunder has not been made, unless such payment is made within such 180-day period. 15. Notices - All notices, requests, demands, consents, and other communications pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when received by the parties at their addresses below or any subsequent addresses provided to the other party in writing, by certified mail. Notice to Fraser: Town of Fraser PO Box 370 Fraser, CO 80442 - 4 - With Copies to: Rod McGowan, Esq. Cazier, McGowan & Walker PO Box 500 Granby, CO 80446 Notice to WPRWSD: Winter Park Ranch Water& Sanitation District PO Box 1390 Fraser, CO 80442 With Copies to: Anthony J. DiCola 400 Byers Avenue PO Box 312 Hot Sulphur Springs, CO 80451 16. Binding Agreement. This Agreement shall be binding upon inure to the benefit of the parties and their successors and permitted assigns. 17. Complete Agreement; Release. This Agreement shall constitute the entire complete agreement between WPWWSD and Fraser with respect to the subject matter hereof, except as stated in Section 10 concerning connection of the Emery Property. The parties hereby release each other from any claim or demand relating to the ownership, construction, operation or maintenance of the Shared Lines that was made, or could have been made,prior to the effective date of this Agreement. 18. Enforceability. If any covenant, term, condition or provision of this Agreement shall, for any reason, be held to be invalid or unenforceable, the invalidity or unenforceability of such covenant, term, condition, or provision shall not effect any other provision contained herein. 19. Governing Law. This Agreement shall be governed by the laws of Colorado, which State shall also be deemed the place where this Agreement was entered into and the place of performance and transaction of business of the parties. 20. Authority. Each person executing this Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Agreement and has authority to bind said party to the terms and conditions hereof. 21. Amendments. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement may be terminated in the same manner. 22. Counterparts. This Agreement may be executed in duplicate counterpart originals, each of which shall constitute an original but all of which shall constitute one and the same - 5 - agreement. Facsimile signatures shall be binding and valid and shall have the same force and effects as original signatures. 23. Each party to this agreement waives immunity with regard to specific performance as to the provisions of this agreement. Otherwise, nothing contained herein should be a waiver of either party's governmental immunity. APPROVED BY: Winter Park Ranch Water & Sanitation District Date Attest Date APPROVED BY: Town of Fraser Date Attest Date - 6 - EXHIBIT A ISdlJ1 V�LAND)J * CONSULTANTS, INC. MEMORANDUM To: Town of Fraser Sanitation District ¢�' O LICE .y,yyy•yyy Y Winter Park West Water and Sanitation District v��a`�{{° •. cS Attn: Jeff Durbin Kirk Klancke 0 35 5 0. From: Tire.Gagnon ;, to is 1Z Subject: Red Line Analysis Ni44-� Date: Thursday, October 11, 2012 Project: 2668.G0 The following memorandum is intended to summarize our findings and recommendations for the current capacity issues associated with the "Red Line," which is a 10" diameter sanitary sewer main currently conveying flows from the Winter Park 'West Water and Sanitation District (WPWWSD) and the Town of Fraser Sanitation District (TOFSD). Representatives from each District have created a preliminary list of four potential options to increase the overall system capacity. Vision Land Consultants (Vision Land) has been tasked with evaluating this preliminary list of options, to identify any additional options, to provide an estimated cost for each option, and to recommend an option for the Districts to pursue. PROCEDURES In order to evaluate the potential options, Vision Land gathered data for the relevant existing sewer mains in order to calculate their existing capacities. We then compared these capacities with the anticipated design flows to determine potential deficiencies in the system. We also researched different types of rehabilitation procedures, (i.e. cure-in-place pipe (CIPP), slip luring, pipe bursting) including the costs and feasibility of each procedure. We utilized this information along with estimated construction quantities to provide an estimated project cost for each option. Vision Land analyzed the estimated costs and associated capacity improvements to provide a recommendation for what we believe to be the most economical option to improve the overall capacity of the system in this area. FINDINGS Please reference Figure El (attached in Appendix A) which: depicts aerial reap with existing pipe flow and capacity information. The following are the results of the design capacity calculations for the Red Line (the design assumptions for these calculations are attached in Appendix B): Design capacity of the existing pipe is 900-1, 100 S.F.E.s (approx. 500 gpm) P.O. Box 678 O 135 E.Jasper Ave.•Granby, CO 80446+ Phone: (970)887-2600 • Fax: (970)887-3200 603 Park Point Drive, Ste. 100•Golden, Colorado 80401 a Phone: (303)674-7355 e Fax: (303)674-3263 110 East 3rd Street, Suite 213• Rifle, CO 81650• Phone: (970)625-1721 a Fax: (970)625-1623 www.visionlandconsultants.com * Slip lining the existing pipe is anticipated to increase its design capacity to 1,300-1,400 S.F.E.s (approx. 700 gpm) * Increasing pipe size to 12" diameter will increase pipe capacity to 2,500-2,600 S.F.E.s (approx. 1,300 gpm) The following are the results of the design capacity calculations for the 8" main in Quail Drive: • Design capacity of the existing pipe is 1,000-1,100 S.F.E.s (approx. 550 gpm) • Increasing pipe size to 10" diameter will increase pipe capacity to 2,400-2,500 S.F.E.s (approx. 1,275 gpm) Design flows were obtained from WPWWSD and TOFSD (attached in Appendix D) and included the following: • The current design flow in the Red Line is 1,185 SFEs (approx. 620 gpm) • The current design flow in the 8" sewer main in Quail Drive is 69 SFEs (approx. 35 gpm) Maximum design flow(at fall build-out) in Red Line is 1363 SFEs (approx. 700 gpm) Maximum design flow in the 8" sewer main in Quail Drive is 85 SFEs (approx. 45 gpm) As expected, these findings confirm that the existing design flows in the Red Line currently exceed the design capacity of the existing 10" clay pipe. After re-lining the existing 10" clay pipe, the design capacity of the Red Line will be approximately equal to the maximum design flows, which is still not a desirable permanent condition. The options to remediate this situation are discussed below. DESCRIPTION OF OPTIONS Please reference Figure E2 (attached in Appendix A) of aerial photo depicting Options#1-#4. Please reference Appendix C for Engineers Opinion of Probable Cost for each option. OPTION 41 Estimated Project Cost =S117,000 (Does not include cost to obtain casement in Open Space parcel from Wapiti Meadows) • Sanitary sewer flows from the east on Wapiti Drive (TOFSD) are currently conveyed to the Red Line. This option includes the installation of approximately 320' of new 8" sewer main that would allow the flows from Wapiti Drive (TOFSD) to be redirected to the existing 8" sewer main in Quail Drive (TOFSD). • The existing Red Line would be re-lined(CIPP) to improve pipe capacity. OPTION #2 Estimated Project Cost = $222,000 (Open Cut) and $304,000 (Pipe Bursting) (Does not include cost to obtain easement in Open Space parcel from Wapiti Meadows) e Sanitary sewer flows from the south on South Wapiti Drive (WPWWSD) are currently conveyed to the Red Line. This option includes the installation of approximately 130' of P.O. Box 679 ® 135 E. Jasper Ave. *Granby, CO 80446• Phone: (970)887-2600 a Fax: (970)887-3200 603 Park Point Drive, Ste. 100 ®Golden, Colorado 80401 a Phone., (303) 674-7355•Fax: (303)674-3263 110 East 3rd Street, Suite 213® Rifle, CO 81650 9 Phone. (970) 625-1721 •Fax: (970) 625-1623 www,visioniandconsultants.com new 10" sewer main that would allow the flows from South Wapiti Drive (WPWWSD) to be redirected to the existing 8" sewer main in Quail Drive (TOFSD). * The 8" sewer main in Quail Drive would be replaced with a 10" main, which could be accomplished by either pipe bursting or an open-cut/trench method. (NOTE: It is our understanding that pipe bursting has not been attempted by either District and may prove to be difficult in soils with larger rocks and cobbles. If pipe bursting is going to be considered, it is recommended that further investigation is completed to determine the existing soil and trench materials and the associated feasibility of the procedure). * The existing Red Line would be re-lined(CIPP) to improve pipe capacity. OPTION#3 Estimated Project Cost=$142,000 (Open Cut) and $232,000 (Pipe Bursting) This option would increase the existing size of the Red Line (by pipe bursting or open trench construction) from an existing 10" diameter to a 12" diameter. OPTION#4 Estimated Project Cost=$300,000 (Open Cut) and $381,000 (Pipe Bursting) (Does not include cost to obtain easement in Open Space parcel from Wapiti Meadows) • This option is a combination of Option#1 and Option#2. • Installation of a new 8" sewer main that would allow the flows from Wapiti Drive (TOFSD) to be redirected around the existing Red Line and connect to the existing sewer main in Quail Drive (TOFSD). • Installation of a new 10" sewer main that would allow the flows from South Wapiti Drive (WPWWSD) to be redirected to the existing sewer main in Quail Drive (TOFSD). • The sewer main in Quail Drive would be replaced with a 10" main, which could be accomplished by either pipe bursting or an open-cut method. • The existing Red Line would be re-lined (CIPP) to improve pipe capacity. OPTION#5 Estimated Project Cost=$104,000 (Does not include cost to obtain easement in Open Space parcel from Wapiti Meadows) • This option includes the installation of a new "splitter" manhole in the existing 10" sewer main from South Wapiti Drive (WPWWSD). This splitter manhole would divide the flows coming from the south from South Wapiti Drive (WPWWSD) between the 10" Red Line and the 8" sewer main in Quail Drive. • Installation of approximately 130' of new 8" sewer main from the splitter manhole that would allow a portion of the flows from South Wapiti Drive (WPWWSD) to be redirected to the existing sewer main in Quail Drive (TOFSD). The existing Red Line would be re-lined(CIPP) to improve pipe capacity. Please reference Figure E3 (attached in Appendix A) of aerial photo depicting Option #5. P.O. Box 679• 135 E.Jasper Ave, Granby, CO 80446 • Phone: (970)887-2600 • Fax, (970) 887-3200 603 Park Point Drive, Ste. 100•Golden, Colorado 80401 • Phone: (303)674-7355• Fax: (303) 674-3263 110 East 3`d Street, Suite 213•Rifle, CO 81650 a Phone; (970)625-1721 •Fax: (970) 625-1623 www.visionlandconsultants.com RECOMMENDATION We would recommend that the Districts pursue completing the infrastructure improvements listed in Option#5. Here are the benefits of Option#5 when compared with the other options: • This option provides the most economical solution. • This option has the least overall disturbance to the neighborhood. • The splitter manhole will allow the Districts to have control over the flows in both the Red Line and the 8" main in Quail Drive. The inverts of the manholes can be constructed to allow a predetermined split in flows between the pipes. The flows could also be completely diverted to one pipe to allow maintenance on the other line. • This option makes the best use of the existing system capacity. Once the Red Line is re- lined (CIPP), the overall capacity of both lines will be approximately 2,400 SFEs (1250 gpm). The design flow is 1448 SFEs, which is 60% of design capacity of both pipes. P.O. Box 679- 135 E.Jasper Ave, o Granby, CO 80446 a Phone: (970)887-2600" Fax. (970) 887-3200 603 Park Point Drive, Ste. 100 a Golden,Colorado 80401 e Phone: (303) 674-7355 •Fax: (303)674-3263 110 East 3rd Street, Suite 213 9 Rifle, CO 81650 ® Phone, (970)625-1721 • Fax: (970)625-1623 www.vi-sionlandconsultants.com APPENDIX A EXHIBITS P.O. Box 07Q* 135E. Jasper Ave. *Granby, CO8O440 °Phone: (9708Q7-26OQ ° Fax: (97O)887'3288 GO3 Park Point Drive, Ste. 1OQ°Golden, Colorado MO401 °Phone: (303)074-73G5° Fax. (3O3)G74-32G3 11D East 3m Street, Suite 213* Rife, CQD1650° Phome� (U7O)025-1721w Fax: (Q70)025-1023 vmmnvvisiomb/m±oonou|tmn(n.00mn OO'999Z 'ON 90P Wm010V d3Svuzi Ol AS 03N33N0 Zl SZ 80 31V0 -siwjinsNoD® A9 SN0ISIA3N ON 31VO °39E1° ° °� l ! NOLWO 1N3W3AOUdWI E3 � sm rasp eo as of ra�svaa , " ® 43aN3WW033a SISAWW 3NI 133HS f r r , � f C / U-) z w � — I 00 JQrj ii/ Cn(n C� " Paz j %rr Z M r �. JZco • � 00 l :2 LLJ LLJ LLJ Lo LLJ � Z R Z — / N Z LLJ LLJ N M r Yt r i VIA Q / W => �l it , 1 J Z� j I k C9� �i1iD11P(�� " I I tl� n nq e a r Y , r ' f r %/ �'" Jl �l��i/ /l//rrrrrJi/il/r oii/,�//irf//lei/�l//1%%il///////f((»>,/.ri%�rr//,�//'%�, m�r 1� of,��il///////O,rl��r�rrw�r/r„ '«,�r�c�✓/�rri iii, APPENDIX B DESIGN ASSUMPTIONS The following data was used for design peak flow calculations- * Peak Factor (PF) of 3.0 * 1/1 (Inflow & Infiltration) was assumed at 20%peak flow ® 210 gal/sfe/day(considering occupancy rates of each District) The design capacity for the Red Line is based on a 0.4% minimum design grade (provided by WPWWSD). The design capacity for the 8" sewer main in Quail Drive is based on a 1% minimum (taken from a survey of existing manholes). The 8" sewer main in Quail Drive has recently been re-lined (CIPP), so a 7.5" pipe diameter was used for capacity calculations. Capacities of pipes for this analysis assume 'free-flow' capacities, not 'surcharged/pressure' capacities. Based on information received from Clients, there are no utility crossings anticipated for the Red Line expansion. P.Q. Box 679 e 135 E.Jasper Ave. a Granby, CO 80446 Phone: (970)887-2600 a Fax: (970) 887-3200 603 Park Point Drive, Ste. 100•Golden, Colorado 80401 • Phone: (303) 674-7355 9 Fax: (303)674-3263 110 East 3`d Street, Suite 213® Rifle, CO 81650 •Phone: (970)625-1721 ® Fax: (970)625-1623 www.visionlandconsultants.com APPENDIX C ENGINEERS OPINION OF PROBABLE COST P.O. Box 679 a 135 E. Jasper Ave. a Granby, CO 80446 m Phone: (970)887-2600• Fax: (970)887-3200 603 Park Point Drive,Ste. 100 a Golden, Colorado 80401 • Phone: (303) 674-7355 * Fax! (303) 674-3263 1'10 East 3`d Street, Suite 2,.13 9 Rifle, CO 81650 9 Phone: (970)625-1721 a Fax: (970)625-1623 www.visioniandconsultants.com M a n r n - w _uwi w 0 0 o w a, 0 C) a 0 rm 13 x tv w. o ca. 0? m Ln NJ � N w oc c 00 VI c x G V m a1 c C CQ N N N C7 aJ� m 14 z al 41 0 A A m f1"1 _. sa _ V r. iZ u .a Oct L, z O N N N is rn N Oa Oa amt w w aj pa. Gal a r m 00 � N > n o p .i Lil Ln � � (.n 3 O w w w w W fl c �:3 mm . 0mm � m d. C WOO A m CA cn <rs 0 cwi cn a ? CD z P Go 0 ko N az cu as a5 cu ay ai N p1 r x ar � fi Q r. Ln 1+ Ln N N C� tom+ F-+ � '4 air a) w o cu cu aa)i d rm C x aq 111 V1. Ln N N � (tea - O C) fl Ln w cu l CJ w OAF d W iR to ih V6 iT,F °V1F '<A1 i/► � O lG co W m N pW w W o N N N N 3a V 00 m Ln C? F+ tw N to ��js � N f0 @ C 0 C J W ENGINEERS OPINION OF PROBABLE COSTS "RED LINEe SEWER MAIN IG-RED LINE(470 LF.)�CURED-IN-PLACE LINING 20%CarrtingencV Mobilization 1 LS 55,006 $5,000 CIPP for 10"pipe 410 LF $45 $21,150 Sewer Pumping-Diversion I LS $2,000 $2,000 Design,Survey,Bid Procurement,Professional Services I LS 55,000 $5,000 TOTAL $33,150 $19,780.0 10-RED LINE(655 LF.)-EXPAND BY PIPE BURSTING METHOD Mobilization I LS $5,000 $5,000 12"PVC•Pipe Bursting 655 LF $225 $147,375 Connect to existing services 16 EA $1,500 524,00 Core existing manhole inverts 6 [A $1,500 $9'000 Sewer Pumping-Diversion I LS $3,00 $3,060 Design,Survey,Bid Procurement,Professional Services I L5 $5,0013 $5,000 TOTAL $193,375 $232,004 10-RED LINE(655 LRJ-EXPAND BY OPEN CUT METHOD Mobilization I is $3,000 $3,000 12"PVC5ewer Main 655 LF 545 $29,475 Correct to existing services 16 EA $500 $6,000 Sewer Poreprng-Diversion 1 L5 $1$'000 $15'000 Replace landscaping,grasssod,trees,etc. I IS $40,000 $447,000 Core existing manhole inverts 6 EA $.SOO $3'000 Design,Survey,Bid Procurement,Professional Services I IS $20,000 $20,000 TOTAL $118,475 $142,170.0 S'MAIN IN QUAIL ORfVE(775 LF.)-EXPAND BY OPEN CUT METHOD Mobilization I LS $3,000 $3,000 Traffic Control 1 LS $5'000 $5,000 ID'PVC Sewer Main 775 LF $45 $34,875 Comiect 116 existing service$ 9 EA $500 $4,500 Utility Crossings I IS $8'000 $8,000 Sewer Pumping-Dryersion I IS 512'000 $12,000 Replace existing road surface 750 SY $30 $22,500 Core existing niahh.i.inverts 5 EA $500 $2'500 Design,Survey,Bid Procurement,Professiona i Services I LS $15,000 $15,000 TOTAL $107,115 $128,850,0 S-MAIN IN QUAIL DRIVE(775 LFJ-EXPAND BY PIPE BURSTING METHOD Mobilization I IS $5,000 $5,000 10,PVC-Pip.Bursting 175 LP $115 $135,66 Connect to existing services 9 EA $1,500 $13,500 Sewer Pumping-Diversion 1 LS $4,000 $4,000 Replace existing road surface 100 Sy 550 55,000 Core existing manhole Inverts 5 LA $1,500 $7,500 Design,Survey,Bid Procurement,Professional Services I LS $5,000 $5,000 TOTAL $175,625 $210,750.13 RE-ROUTE a"TOWN OF FRASER WAPITI LINE TO QUAIL DRIVE(320 LF.) Mobilization I ts 53,000 53,000 Traffic Central I LS 52,D90 $2'000 S'PVC Sewer Main 320 LF $42 $13,440 Sewer Manhole 4 EA $4,00 $18,000 Utility Crossings I LS S4,000 $4,000 Water Main Crossing 2 [A 52,000 $4,000 Pipe Insulation 130 tF $15 $11950 Replace existing road surface 150 SY 50 $6,000 Design,Survey,Bid Procurement,Professional Services I LS $12,00 $12,000 TOTAL $64,390 $77,268.D RE-ROUTE 10'WPWWSD LINE TO QUAIL DRIVE(130 L.P.) Mobilization 1 LS S3,0D0 $1,000 Traffic Control I LS $1,000 $1,000 10"PVC Sewer Main 130 LF S45 $5,850 Sewer Manhole 2 EA $4,500 $9,000 Utility Crossings 1 LS $2,000 $2,000 Water Maln Crossing I EA $2,000 $2,000 Pipe Insulation 130 LP $15 $1,950 Sewer Pumping Diversion 1 LS $5,000 $5,000 Replace existing mad surface so SY $60 $3,000 Design,Survey,Sid Procurement,Professional Services I LS $12,000 $12,000 TOTAL $44,800 $53,760.0 SPLIT FLOWS BETWEEN 10"RED LINE AND B*MAIN IN QUAIL DRIVE(130 L.Fj Mobilization I LS $3,000 $3,000 Traffic Control I LS 51,000 51,000 8"PVC Sewer Main 130 LF $42 55,460 Sewer"Splitter"Manhole I EA $9'000 $9,000 Sewer Manhole 2 EA $4,500 $9,000 Utility Crossings 1 1.5 $2,000 $2,000 Water Main Crossing I FA $2'000 52,000 Pipe Insulation 13C LF $15 $1,950 Sewer Pumping-Diversion I IS $S'CDD 55,000 Replace existing road surface so SY $60 $3,00 Design,Survey,Bid Procurement,Professional Services 1 LS $12,000 $12,000 TOTAL $53,410 $64,092.0 APPENDIX D DESIGN FLOWS P.O. Box 679« 138 F.Jasper Ave. o Granby, CO 80416 a Phone: (970)887-2600 a Fax. (970)887-3200 603 Park Point Drive, Ste. 100 0 Golden, Colorado 80401 a Phone: (303)6747388 a Fax: (303)674-3263 110 Past 3`d Street, Suite 213 a Rifle, CO 81650 a Phone: (970)628-1721 m Fax: (970) 625-1623 www.visioniandconsultants.com EXHIBIT B Shared Lines Usage Data Percentage Use at Build Out Green Line Fraser 25% WPRW&SD 75% Red Line Fraser 25% WPRW&SD 75'%0 Quail Line Fraser 25% WPRW&SD 75% Yellow Line Fraser 11% WPRW&SD 89% EXHIBIT C The Town of Fraser at build out will have 156 EQR's on WPRW&SD's CR 8 sewer line (Yellow Line, Manhole D004to Manhole FR002) and WPRW&SD will have 1209 EQR's at build out on this sewer line. Fraser is responsible for 11% of the replacement costs and maintenance costs and WPRW&SD is responsible for 89% of the replacement and maintenance costs. The Town of Fraser will have 257 EQR's connected to the 10" sewer line of WPRW&SD, which comes down CR 804 and 85 EQR's on the Quail Drive line. The build out capacity for WPRW&SD on the CR 804 line is 1,088 EQR's. Fraser's responsibility for maintenance and replacement on the combined lines (Red Line, Green Line and the shared portion of the Quail line)will be 25% and WPRW&SD will pay 75% of the maintenance costs for the Red Line, Green Line and the shared portion of the Quail Line. Option 5 calls for an estimated $104,000 solution to the capacity problem in the red line. Both entities will pay 50% of the costs to resolve this problem. WPRW&SD will have 2.88 EQR's on Line A , which has a Fraser capacity of 1,200 EQR's. WPRW&SD will be responsible for 0.24% of the maintenance and replacement costs. WPRW&SD will have the same 2.88 EQR's on Line B, which has a Fraser capacity of 5,200 EQR's. WPRW&SD's portion of capital replacement costs and maintenance costs will be .05%. The capital replacement costs and maintenance costs for the WPRW&SD office building connection to Line B are covered by their payment of Quarterly service fees to the Town of Fraser. FIRST AMENDMENT TO EASEMENT AGREEMENT THIS FIRST AMENDMENT TO EASEMENT AGREEMENT is entered into effective , 20 , by and between THE TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado ("Fraser"), and WINTER PARK RANCH WATER AND SANITATION DISTRICT, a special district of the State of Colorado ("District"), whose address is P.O. Box 1390, Fraser, CO 80442. WHEREAS, Fraser and District previously entered into an Easement Agreement, dated September 23, 2003 and recorded October 13, 2003 at Reception No. 2003-013288 of the records in the office of the Clerk and Recorder of Grand County, Colorado ("the Easement Agreement"); and WHEREAS, said Easement Agreement provides for certain easements upon the following real property owned by Fraser located in the Town of Fraser, County of Grand, Colorado, to-wit: Lot 5, Safeway-Fraser Marketplace, according to the recorded plat thereof, (the "Burdened Property"); and WHEREAS, Fraser and District desire to amend said Easement Agreement, by changing the location of one of the easements described therein; and WHEREAS, the parties further desire to correct certain errors made in the Exhibits attached to the recorded Easement Agreement. NOW THEREFORE, in consideration of the premises and the mutual promises and covenants set forth herein, the parties agree as follows: 1.0 RELOCATED EASEMENT 1.1 The Ditch Easement described in Subsection 2.1.4 and on Exhibit "F" of the Easement Agreement(the "Terminated Ditch Easement") shall be replaced with a new Water Line Easement, as described on Exhibit "A" attached hereto and incorporated herein by this reference, which may be used by District for the installation of a ditch pipeline (not a well supply pipeline) in accordance with the provisions of Subsection 2.2.2 of the Easement Agreement. 1.2 District shall complete the installation of the water pipeline on said new Water Line Easement within one construction season after the District obtains the issuance of the required federal permits and water court decree, and not later than December 31, 2014. Said Terminated Ditch Easement shall be deemed to be vacated and terminated as of the date that the new water pipeline is installed and in operation or as of December 31, 2014, whichever comes first, and the District shall thereupon abandon use of the Terminated Ditch Easement. The District shall be required to restore the surface of the land traversed by such Terminated Ditch Easement on or before such termination date. 1.3 The relative locations of said Terminated Ditch Easement and the new Water Line Easement are depicted on Exhibit "B" attached hereto. 2.0 CORRECTION OF EXHIBIT REFERENCES 2.1 The legal descriptions set forth on Exhibit "A" at page 7 of the recorded Easement Agreement, and on Exhibit "D" at page 11 of the recorded Easement Agreement, were erroneously attached to the Easement Agreement and said Exhibits are hereby deleted in their entirety. 2.2 The reference to "Exhibit A" in Section 2.1 on page 2 of the Easement Agreement was intended to refer to the map attached at page 16 of said recorded Easement Agreement, and said map is hereby designated as such Exhibit, notwithstanding the pagination of the recorded document. 3.0 ADDITIONAL PROVISIONS 3.1 Except as expressly amended and modified herein, all terms and conditions of the Easement Agreement shall remain in full force and effect and the parties hereby ratify and affirm the same. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives. DISTRICT FRASER WINTER PARK RANCH WATER AND THE TOWN OF FRASER, COLORADO, a SANITATION DISTRICT, a special district municipal corporation of the State of Colorado of the State of Colorado BY: BY: President Peggy Smith, Mayor ATTEST: ATTEST: Secretary Lu Berger, Town Clerk - 2 - STATE OF COLORADO ) ) SS COUNTY OF GRAND ) The foregoing instrument was acknowledged before me on 20 , by Peggy Smith, as Mayor, and Lu Berger, as Town Clerk, of The Town of Fraser, Colorado, a municipal corporation of the State of Colorado. Witness my hand and official seal. My Commission expires: ( SEAL ) Notary Public STATE OF COLORADO ) ) SS COUNTY OF ) The foregoing instrument was acknowledged before me on 20 , by , as President, and , as Secretary, of Winter Park Ranch Water and Sanitation District, a special district of the State of Colorado. Witness my hand and official seal. My Commission expires: ( SEAL ) Notary Public - 3 - LEGAL DESCRIPTION A 30 foot wide utility and maintenance easement over, across and on Lot 5, Safeway-Fraser Market Place, as recorded under reception number 98006151 Section 20, Township 1 South, Range 75 West of the 6th P.M., Town o� Fraser, County of Grand, State of Colorado, said easement lying 15.0 feet on each side of the following described centerline; Commencing at the Northeast corner of the Northwest X of the Southwest k of said Section 20, frorrl whence the West Quarter corner of said Section 20 bears North 89'58 03" West, with all bearings contained herein being relative thereto Basis of Bearing); Thence South 17'51'02" East 623.69 feet to a point on the existing westerly bank of the Fraser Niver, said point being the Point of Beginning. Thence South 81'49'18" West, 192.41 feet to a point on the existing easterly ank of Village Lake II, said point being the Terminus of said 30 foot wide utility and maintenance easement, the side lines of which are to be lengthened or shortened to intersect said existing westerly bank of the Fraser River and said existing easterly bank of Village Lake II. I, David R. Lutz Y sed land surveyor in the State of Colorado, do hereb cert, �� of description and exhibit map represents the results o p4u a eryl y me or under my direction. a David R Lu z� 'S 3-17-11 - Colorado Prof" al Land Surveyor 961' m u o P AN'o Page 1 of 2 �Q LEGAL DESCRIPTION & EXHIBIT MAP a° F"s a SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6th P.M. SAFEWAY-FRASER MARKETPLACE-REC# 98006151 ms COUNTY OF GRAND, STATE OF COLORADO \ \ 1 W%s COR. \ \ W Xs COR. S 20(-1 UNE N Y.R SW Ia __� N89'58'0YW s 2D I 20 r I W s 1313.92' P.D.C. zy \ y \ FRASER RIVER TRAIL \ \ 581'49'18 VILLAGE LAKE I 192.41' - \ \ GRAVEL \ ROAD p wREG�' SCALE 1"=40' O Denotes only a change 3-17-11 of direction or legal FS'• �.° description call, not a %,sip ' •• �J``° set monument. NOTICE: According to Colorado law you must commence any legal action based upon any defect in this survey within three years after you first discovered such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years Page 2 of 2 from the date of the certification shown. ° LEGAL DESCRIPTION & EXHIBIT MAP x$ SECTION 20, TOWNSHIP 1 SOUTH, RANGE 75 WEST OF THE 6TH P.M. z N SAFEWAY—FRASER MARKETPLACE—REC# 98006151 aw �. COUNTY OF GRAND, STATE OF COLORADO / X O ^ / �I l \- i cm / I l Z' z ^ TOWN OF FRASER RESOLUTION NO. 2013-02-02 A RESOLUTION AUTHORIZING EXECTUION OF AN INTERGOVERNMENTAL AGREEMENT WITH WINTER PARK RANCH WATER AND SANITATION DISTRICT BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Mayor is hereby authorized to execute the attached Intergovernmental Agreement with Winter Park Ranch Water and Sanitation District. DULY MOVED, SECONDED, AND ADOPTED THIS 17th DAY OF APRIL, 2013 Votes in favor: BOARD OF TRUSTEES OF THE Votes opposed: TOWN OF FRASER, COLORADO Votes abstained: BY: Peggy Smith, Mayor ATTEST: ( SEAL ) Lu Berger, Town Clerk 3/2- 113 Or all SEWER LINE SHARING AGREEMENT THIS AGREEMENT is made and entered into effective 2013,by and between WINTER PARIS RANCH WATER AND SANITATION DISTRICT,a Colorado special district(hereinafter referred to as WPRWSD),and the TOWN OF FRASER, COLORADO(hereinafter AFraser @); RECITALS A, WPRWSD and Fraser are both engaged in the provision of sanitary sewer services within their respective jurisdictions, B. WPRWSD and Fraser are parties to the Upper Fraser Valley Wastewater Treatment Agreement("Joint Facilities Agreement"),executed in 2001 and as subsequently assigned and amended,whereby they and the Grand County Water and Sanitation District#I jointly own and operate a sewage treatment plant and certain sewage interceptor lines used to transport sewage to the treatment facility, C. For many years,WPRWSD and Fraser have shared the use of other sewer mains not covered in the Joint Facilities Agreement to convey sewage to the sewage treatment plant. D, WPRWSD and Fraser now desire to confirm their understanding and agreement regarding the shared use of those sewer mains and arrangements for the maintenance,repair and replacement of such mains,as in this Agreement provided. E. WPRWSD and Fraser have both commissioned a study because the Red Line is nearing capacity and must either be replaced or have the usage thereof reduced.A copy of that study is attached hereto as Exhibit A. The parties have agreed to implement Option 5 referred to in said study,in accordance with the terms of this Agreement. NOW THEREFORE,in consideration of the premises,the mutual commitments, covenants and agreements herein contained,and for other good and valuable consideration,the receipt and adequacy which is hereby acknowledged,the parties agree as follows: AGREEMENT I. Definition. When used herein,the term"EQR" (equivalent residential usage unit)shall have the same meaning as defined in the Joint Facilities Agreement. 1 Shared Lines. The sewer mains currently shared by WPRWSD and Fraser,which are not covered by the Joint Facilities Agreement,are depicted on Exhibit A at page E3 attached hereto and are referred to herein as the"Green Line","Red Line"and"Yellow Line", corresponding with the colors of the lines shown on said Exhibit. For purposes of this Agreement,said Green,Red and Yellow Lines are deemed to be owned by WPRWSD, notwithstanding the fact that both parties have contributed to the construction and maintenance of some of those lines in the past. Pursuant to Option 5,the existing sewer main located in Quail Drive,which is owned by Fraser,will be connected to WPRWSD's main and a portion will become a shared line(the"Quail Line"),as depicted on Exhibit A at page E3. Said Green,Red,Yellow,and Quail Lines are collectively referred to as the"Shared Lines". The number of WPRWSD and Fraser EQR's currently connected to each Shared Line,and the anticipated total number ofEQR's that will be connected when all adjacent properties are developed("Build Out")are shown on Exhibit C,and are tabulated(as to each party's percentage of responsibility for maintenance and construction of each line)on Exhibit B attached hereto.The"Percentage Use at Build Out"column of Exhibit B represents each party's share of the use of each respective Shared Line at build out and also represents each party's share of the costs for maintenance and repairs, as more fully provided below.If, subsequent to the execution of this Agreement,there is more than a One Percent(1%)change in the shared use of any Shared Line due to a change in the anticipated number of EQR's to be connected at build out,the percentage of the shared cost shall be adjusted accordingly. 3. Ownership and Cost Sharing. A, For purposes of this Agreement,each party shall be deemed to have a proportionate use interest in each Shared Line corresponding with that party's Percentage Use at Build Out as shown on Exhibit B. Similarly,each party shall be responsible for payment of a share of the costs of maintenance,repair,and replacement of each Shared Line in accordance with the party's Percentage Use at Build Out,in accordance with the procedures provided herein below. Shared costs shall include amounts paid for labor and materials used for the maintenance,repair or replacement of the Shared Lines.If any such work is performed by employees of either party,that employees'work may be included as a shared cost.Each party shall bill the other party on a monthly basis for that party's share of costs for the preceding month or months.Invoices shall be paid within thirty(30)days from the date of the invoice. Each invoice shall include reasonable detail with regard to expenditures. B. The new manhole and the connector line from the WPRWSD main to the Quail Line,as contemplated in Option 5,shall be owned by WPRWSD.As provided in section 5,the cost of installing Option 5,including the new manhole and connector line,shall be borne one-half by WPRWSD,and one-half by Fraser.The new manhole and connector line shall be maintained by WPRWSD at its sole expense. 4. Routine Operations. The owner of each Shared Line,shall have the sole responsibility for overseeing the operation,maintenance and repair of such lines and the right to make decisions with regard to those lines;provided,however,that no action shall be taken by the owner that would interrupt or interfere with the other party's shared use without written notification to the other party a minimum of seven(7)business days in advance of the routine operation action to betaken. Each party is authorized to incur costs not to exceed$10,000 per calendar year,or such greater amount as may be budgeted pursuant to Section 7 hereof, for routine maintenance and repairs and for emergency repairs relating to the Shared Lines. deleted •! Emergency repairs exceeding$10,000 may be authorized by Fraser's manager or WPRWSD's manager subject to appropriation and/or approval by each party's respective board. 5. Major Repairs or Replacements. It is anticipated that the existing Green and Yellow Lines have sufficient reserve capacity to accommodate the estimated EQR's of both parties at build out and such Lines are in a condition that should not require any major repairs or replacements within the foreseeable future.The Red Line is currently at or near capacity,has exceeded its useful life,and will require an upgrade or replacement in the near future to accommodate additional sewer flows. Option 5 of the Vision Land Consultants Inc. Memorandum,Exhibit A attached hereto,Shall be followed to resolve the capacity issue in the Red Line.WPRWSD shall be responsible for the final design,bidding and administration of construction of the Option 5 plan and for acquisition of necessary easements. The design documents shall be submitted to Fraser for review and comment before implementation. The costs of implementing Option 5 shall be shared equally(one-half each)by the parties; provided,however,that such costs shall not exceed$104,000 without the written consent of both parties. 6. Emergency Repairs. In the event an emergency repair is necessary on any of the sewer mains that are the subject of this agreement,the non-owning party may conduct emergency repairs,if unable to contact the owner of the line for one(1)hour or if the owner advises it is unable to initiate repairs or the non-owner is directed by the owner to make repairs. 7. Cost Reimbursement. Within 30 days after the end of each calendar year,each party shall provide a written report to the other party with the description and amount of any costs incurred for maintenance or repair of the Shared Lines during the calendar year then ended. The parties will reconcile such reports to allocate the costs according to the formula stated above and determine the amount of any reimbursement due from one party to the other. Payment for any such reimbursement shall be due within 90 days after the end of the calendar year for which the costs were reported. $. Budgeting. No later than September 30 of each year,each party shall confer regarding expected expenditures during the following calendar year for maintenance,repair and/or replacement of the Shared Lines. Such personnel shall then report to their respective governing body regarding the anticipated amount of such expenditures and the allocation thereof between the parties according to the formula provided herein,for purposes of consideration of such expenditures in the budgeting processes of the party's governing body.. 9. Limitation of infiltration-Both parties agree to take appropriate steps to limit infiltration into the Shared Lines in accordance with the standards established pursuant to the Joint Facilities Agreement. 10.Warranties-All warranties for labor and materials relating to the Shared Lines shall run in favor of and inure for the benefit the parties in ownership of such Lines as provided herein. 'Deleted' -3 11.Joint Facility Lines. In addition to the Shared Lines,WPRWSD is currently utilizing a portion of Fraser's reserved capacity in Trunk Line B,as described in the Joint Facilities Agreement,to service WPRWSD's office facilities at Fraser's Manhole B007 (3.15 EQR). WPRWSD has and will continue to pay sewer service fees at Fraser's established rate,as amended from time to time,as compensation for use of said Trunk Line. In addition, WPRWSD is expected to utilize an additional portion of Fraser's reserved capacity in Trunk Lines A and B described in the Joint Facilities Agreement to service the Emery Property, which is within the WPRWSD boundaries and which will be connected at Fraser's Manhole A010(estimated at 2.88 EQR), If such connection is made,WPRWSD shall reimburse Fraser for 0.24%of the maintenance,repair and replacement costs attributable to Trunk Line A and .06%of the maintenance,repair and replacement costs attributable to Trunk Line B, corresponding with WPRWSD's proportionate usage of the capacities of said Trunk Lines, 12.Assignment-Neither party Shall assign its rights,duties and obligations under this Agreement without the prior written consent of the other party,provided,however,that this restriction shall not preclude the contracting out of repairs,maintenance or other-work relating to the Shared Lines. 13.Indemnification. Each party agrees to indemnify and hold harmless the other party,its employees and agents,from and against all claims,damages,liability and awards,arising or incurred as a result of any act or omission by the indemnifying party or its employees or agents pursuant to the terms of this Agreement; provided,however,in case of liability on a third-party claim relating to a Shared Line where both WPRWSD and Fraser are finally adjudged to be equally at fault or faultless,the liability shall be shared according to the formula provided herein for sharing ownership and costs with respect to such Shared Lure. 14.Annual Appropriation. Each party's financial obligations under this Agreement shall be subject to annual appropriation by that party's governing body.In the event that a party fails to appropriate funds as required by this Agreement or as necessary to fulfill its obligations hereunder,that party's right to use non-owned.Shared Lines shall cease,effective One Hundred Eighty(180)days after notice is given that a payment due hereunder has not been made,unless such payment is made within such 180-day period. 15. Notices-All notices,requests,demands,consents,and other communications pertaining to this Agreement shall be transmitted in writing and shall be deemed duly given when received by the parties at their addresses below or any subsequent addresses provided to the other party in writing,by certified mail. Notice to Fraser; Town of Fraser PO Box 370 Fraser,CO 80442 Deleted:�! f -4 With Copies to; Rod McGowan,Esq. Cazier,McGowan&Walker P4 Box 500 Granby,CO 80446 Notice to WPRWSD: Winter Park Ranch Water& Sanitation District PO Box 1390 Fraser,CO 80442 With Copies to: Anthony J.DiCola 400 Byers Avenue PO Box 312 Hot Sulphur Springs,CO 80451 16. Binding Agreement. This Agreement shall be binding upon inure to the benerit of the parties and their successors and permitted assigns. 17. Complete Agreement; Release. This Agreement shall constitute the entire complete agreement between WPW WSD and Fraser with respect to the subject matter hereof,except as stated in Section 10 concerning connection of the Emery Property. The parties hereby release each other from any claim or demand relating to the ownership,construction, operation or maintenance of the Shared Lines that was made,or could have been made,prior to the effective date of this Agreement. 18.Enforceability. If any covenant,term,condition or provision of this Agreement shall,for any reason,be held to be invalid or unenforceable,the invalidity or unenforceability of such covenant,term,condition,or provision shall not effect any other provision contained herein. 19.Governing Law. This Agreement shall be governed by the laws of Colorado,which State shall also be deemed the place where this Agreement was entered into and the place of performance and transaction of business of the parties. 20. Authority. Each person executing this Agreement represents and warrants that he or she has been duly authorized by one of the parties to execute this Agreement and has authority to bind said party to the terms and conditions hereof. 21.Amendments. This Agreement may be amended from time to time by amendments made by the parties in written form and executed in the same manner as this Agreement. This Agreement may be terminated in the same manner. 22. Counterparts. This Agreement may be executed in duplicate counterpart originals,each of which shall constitute an original but all of"which shall constitute one and the same deleted•*� -5; agreement. Facsimile signatures shall be binding and valid and shall have the same force and effects as original signatures. 23. Each party to this agreement waives immunity with regard to specific performance as to the provisions of this agreement. Otherwise,nothing contained herein should be a waiver of either party's governmental immunity. APPROVED BY: Winter Park Ranch Water&Sanitation District Date Attest Date APPROVED BY. Town of Fraser Date Attest Date nei�t@d 1 -., EXHIBIT C The Town of Fraser at build out will have 156 EQR's on WPRW&SD's CR 8 sewer line and WPRW&SD will have 1209 EQR's at build out on this sewer line. WPRW&SD has set a replacement cost of$157,200 of which Fraser is responsible for$17,292.00 of the replacement costs and 11%o of the maintenance costs. (manhole D004 to FR002). The Town of Fraser will have 257 EQR's connected to the 10" sewer line of WPRW&SD, which comes down CR 804 and 85 EQR's on the Quail Drive line. The build out capacity for WPRW&SD on the CR 804 line is 1,088 EQR's. Fraser's responsibility for maintenance on the combined lines will be 25% and WPRW&SD will pay 75% of the maintenance costs for the red and Quail lines. Option 5 calls for a$104,000 solution to the capacity problem in the red line. Both entities will pay 50% of the costs to resolve this problem. WPRW&SD will have 2.88 EQR's on Line ,which has a Fraser capacity of 1,200 EQR's. WPRW&SD will be responsible for 0.24%®. The original cost of line A was $1,000,000-00. WPRW&SD's portion of capital replacement will be$2,400. WPRW&SD will have 3.15 EQR's on Line B, which has a Fraser capacity of 5,200 EQR's. WPRW&SD's portion of capital replacement costs and maintenance costs will be .06%. If the replacement cost for Line B is $1,000,000 WPRW&SD is responsible for $600 of those replacement costs. O O O O M M O O O M s o 00 D o m Val q0 N c-I c-I 00 c-I QJ Q LLI � O r- M O O J O Ln M O O L N 00 �t O Ln N3 c–I I� O O N qj,)- qj)- qj)- qj,)- qj,)- L bio � CF) r- M O O = lD N c-I -i -i rZ O 2 N Q L Q. a� a > 3 C. o m o m O 0 O 0 N N r1 L L 3 C0 M r- C 67 L t6 a) V Q CL O LLI 30 N Ln I, 0 Ln U -j � J D 0 ° ° °o °o c,i Rt m 0 Ln s Rt 00 tin t� 2 M O t6 O O O O O N y1 00 O l0 O O 3 r1 m r,i 0 Ln y O M � J L `Q 0 r � E a }J > !_ E O N O 0 a) +� U � N 06 E 6 L a = — > H i vi U5 U Li a C OIL OR ADO Memo to: Mayor Smith and the Board of Trustees From: Jeff Durbin, Town Manager Date: April 11, 2013 Subject: Chemical Feed Building Bid Process As you know, we recently advertised for bids for a chemical feed building at the Upper Fraser Valley Wastewater Treatment Facility and received two bids. At the April 3, 2012 Town Board meeting, one of the bidders alleged that this was an unfair bidding process and that the other bidder failed to meet the bid requirements. Accordingly, action was tabled on the matter. Fair bidding procedures are important to this organization so I felt it appropriate to look into this matter further. Given the long history and importance of this project to our wastewater treatment process (as outlined in the memo dated March 27, 2013), and our goal of finding a local contractor for the project, I had some concern that we may have let the formal bid process become a little less formal. As part of my review, we discussed internal procedures to prevent that from occurring with future bid processes. In order to look into the allegations presented at the April 3 d meeting, I asked staff to pull all the bid documents and forward those on to both the Town Attorney and the Wastewater Plant Engineer for review. I also asked the managers of both Grand County Water and Sanitation District#1 and Winter Park Ranch Water and Sanitation District to meet with me and Plant staff to review the bids in detail. Enclosed in your packet you will find all the applicable bid materials, bids, and a comparison of both bids. The bid comparison was prepared in a manner to provide a fair comparison of both bids to better evaluate them given the differences in each bid, rather than simply reviewing the bottom line of each bid. I think it may be helpful to your review to note that the State permitting process helped land us in this situation. The equipment requires state approval, and both the building and its equipment were designed to comply with State requirements. As of the time of bid advertisement, we had yet to receive approval from the State for the equipment. Thus, the bid documents needed to be tailored to allow us to pursue construction of the building while we were awaiting approval of the equipment. Nonetheless, construction of the building cannot be effective without an understanding of the equipment it will house. This is the reason the documents include items that might not be included in the scope of work. PO Box 770.1 Fraser, CO 80442 oFfice 970 726 7491 faix 970 726 7718 After our review, the following items should be noted as contained in the bid documents and advertisement for bid printed in Sky-Hi News: • Advertisement for Bids stated "masonry building addition and metal roof and EIFS." • Familiarization page 00200-3 ending on page 00200-4, there will be no financial adjustment to any Contract award thereunder which is based on the lack of such prior information or its effect on the costs of the work. • General Conditions page 00700-1 Scope has disclaimer for work listed and not part of contract. Paragraph 3 Intent of Drawings and Specs. It states all is part of contract. • Rights & Responsibilities of the Contractor page 00700-11 if discrepancy found it is their duty to inform the engineer. • Special Construction Provisions page 0800-1 general description of work in first paragraph list building addition & bulk bag feed system. • Scope of Work page 00800-2 Both drawings & specs show equipment that are not part of the contract, please make clarification before bidding. • Bid Documents page 11060-1 contain the feeder specs along with the name of the manufacture (this is the page that was cited by one bidder on April 3 d) There are a number of places in the documents where a potential bidder might think the feeder equipment should be included in the bid. There are also a number of places in the documents that note it is the bidders responsibility to ask questions or seek clarification. Both bidders did a walk through on site with Joe Fuqua prior to submitting bids. Both bidders were told during their walk through that the equipment was not part of bid (because we did not have approval from State Health Dept. before advertising for bids). They were encouraged to call the engineer to discuss. In the future, we will not be hosting individual pre-bid meetings in order to reduce the possibility of hearing things differently. While this is certainly an unfortunate situation, after our review we have concluded the following: • The Town Attorney notes that the bid documents offer the Town Board discretion to award a contract to either bidder. • The bid comparison confirms that even with deletion of the feeder equipment from the M3 bid, it is still substantially higher than the Kopp bid. I believe both bidders are competent contractors, however, it is clear that the Kopp bid is lower. • We reviewed this matter in detail with the managers of the member entities, and both concur with the above and encourage the Town Board to award the contract to Kopp. • The Plant Engineer reviewed the bids and recommends that the Town Board award the bid to Kopp. Accordingly, is my recommendation that the Town Board approve Resolution 2013-04- 01 awarding the contract to Kopp. Vown oUrs ser PO Box 770.1 Fraser, CO 80442 oFfice 970 726 5491 faix 970 726 7718 IMERRICKm 000 & COMPANY McLaughlin Water Engineers ^ow^��^&Co-pany Merrick-McLaughlin Water Engineers, Ltd. April 11' 2O13 242OAJoottStreet Denver, Colorado 8O211 Tel: +1 303'004'3333 Fax: +1 303-064-3355 Ms. Nancy� www.meniok.00m Utilities Administrator Town of Fraser P.O. Box 37O 153 Fraser Avenue Fraser, Colorado 80442 RE: Dry Feeder Bid Recommendation Dear Ms. Anderson: | have reviewed the bid proposals received on March 19. 2013 for construction of the VVVVTP Dry Feeder Addition. The bidders were JT Kopp Construction and W13 Property Service. While not required by the contract documents, both bidders provided an itemized cost breakdown for the bid lump sum price. JT Kopp was the apparent low bidder at$128.701.5O. while M3'o proposal was for$214.954. | understand that the actual feed equipment was included in the W13proposal. According tothe itemization provided by M3, the total cost for equipment and installation was $35,892. Even with this value deducted from the M3 cost, JT Kopp is still the low bidder by a substantial margin. The cost information provided byJT Kopp totals the bid amount. The W13 attachment contains a number of exceptions and appears to be a contract modification. It is unclear if the proposal is intended to be a lump sum, per the contract documents, or is an alternative T & M proposal. This proposal does not conform to the contract documents. |tis our recommendation that the contract be awarded toJTKopp. |tismy understanding that this company has worked for the Town in the past and performed satisfactorily. Very truly yours, McLaughlin Water Engineers /\ DivisigWof Merrick 8^ Company Ronald J. MgLaughlin, P"E. Upper Fraser Valley WWTP Dry Lime Feeder Addition Bid Comparison Difference Line Item Description JT Kopp M3 (M3-JT Kopp) Materials& Labor Electrical $18,500.00 $23,575.00 $5,075.00 Masonry $11,500.00 $24,290.00 $12,790.00 Stucco $3,680.00 $1,467.00 -$2,213.00 Metal Roofing &Siding $14,750.00 $6,762.00 -$7,988.00 Overhead Door&Opener $13,500.00 $13,593.00 $93.00 Metal Man Door $2,200.00 $2,200.00 $0.00 Rough Carpentry& Materials $15,500.00 $17,225.00 $1,725.00 Insulation $5,000.00 $1,380.00 -$3,620.00 Water Resistant Interior Ceiling $2,500.00 N/B $2,500.00 Concrete Foundation, Slab, & Header $23,000.00 $19,027.00 -$3,973.00 Excavation $12,500.00 $12,650.00 $150.00 Materials & Labor Subtotal $122,630.00 $122,169.00 -$461.00 General Contractor Administrative Fees General Insurance Coverage $6,131.50 $1,070.00 -$5,061.50 Accounting N/B $8,000.00 $8,000.00 Building Permit N/B $1,380.00 $1,380.00 Project Supervision Fee N/B $6,500.00 $6,500.00 Testing Required By Owner N/B $2,875.00 $2,875.00 Plan &O&M Manual Copy Costs N/B $605.00 $605.00 Contingency N/B $30,000.00 $30,000.00 Contract Bond N/B $7,368.00 $7,368.00 Bid Bond N/B $115.00 $115.00 Administrative Fees Subtotal $6,131.50 $57,913.00 $51,781.50 Feeder Equipment *Outside of Advertised Bid Scope Feeder& Installation N/B $35,892.00 $35,892.00 Feeder Equipment Subtotal $0.00 $35,892.00 $35,892.00 Project Total $128,761.50 $215,974.00 $87,212.50 N/B = Line Item Not Bid 00400 PRETREATMENT DRY FEEDER ADDITION PROPOSAL TO: Town of Fraser 153 Fraser Avenue P.O. Box 120 Fraser, CO 80442 PROJECT: PRETREATMENT DRY FEEDER ADDITION Receipt of Addendum Nss, are hereby acknowledged. n A. PROPOSAL: The undersigned Bidder for the above named project, and being familiar with all contractual requirements, hereby proposes to furnish all labor, furnish and install materials, tools, supplies, equipment, plant, transportation, services, permits and all other things necessary for the completion of the contractual work and pay all taxes, and perform the work in accordance with the requirements and intent of the Contract Documents, including Drawings and Specifications, within the time of completion set forth herein, for and in consideration of the following unit and lump sum prices: Item Amount # Description, Approximate Quantity, and Unit Price of Bid 1. Provide all labor and materials required to complete the "Dry Chemical Feeder Addition" and provide an operating system in accordance with the Contract Specifications and Drawings: f g �p / e ®B%� sC�9y�s DLe10e)1✓Qfe.�L B %yDt A SGIM I/�t 14.4 71 ��1G#�$ /®t9' r76 I . Words— Lump Sum 7� (Total) S� TOTAL $ (Total) 6511739302:022513 { B. QUANTITIES: It is to be understood that the quantities of each item of work set forth in this Proposal are approximate only and will be revised depending on field conditions encountered. The Owner has the right to revise quantities in its best interest without affecting any of the unit prices set forth above. In all cases, the stated unit prices proposed shall be used in determining the final value of the j completed work. C. TIME FOR COMPLETION: If awarded this work, the Bidder agrees to begin fill work within ten (10) days from the date of Notice to Proceed and agrees to prosecute the work with all due diligence and effort to assure completion as set forth in the "Special Construction Provisions" of the Contract Documents. Time for completion is,an essential of this Contract. Furthermore, the Bidder agrees that failure to complete the Contract within the time proposed, including any extension thereof, shall be considered a breach of the Contract, and entitles the Owner to liquidated damages or rights of severance, as specified. D. PARTIES INTERESTED IN BID: The Bidder hereby certifies that the only persons or parties interested in this Proposal are those named herein, and that no other Bidder or prospective Bidder has been given any information concerning this Proposal. In submitting this Proposal, it is understood that the right is reserved by the Owner to reject any or all Proposals, and to waive informalities and irregularities in Proposals received, and to accept that Proposal which in its judgment best serves the interest of the District. FIRM NAME J BY TITLE CWwer STATE OF INCORPORATIONS FIRM'S ADDRESS___ ®. o x ea PHONE 2a?G - 9O V 3 FAX ;,?G ° gay-5 WIN Ke pry DATES THIS DAY OF /"M rc ,fi , 2013 ATTEST: (CORPORATION SEAL) Corporation Secretary 6511739302:022513 JT KOPP CONSTRUCTION PO BOX 607 FRASER, CO 80442-0607 03/18/13 TO: JEFF DURBIN TOWN OF FRASER FRASER, CO 80442 RE: PRETREATMENT DRY FEEDER ADDITION MATERIALS/SUBCONTRACTOR BREAKDOWN: ELECTRICAL $ 18,500.00 MASONRY 11,500.00 STUCCO 3,680.00 METAL ROOFING & SIDING 14,750.00 OVERHEAD DOOR W/ OPENER 13,500.00 METAL MAN DOOR 2,200.00 ROUGH CARPENTRY LABOR & MATERIAL 15,500.00 INSULATION: INTERIOR & EXTERIOR 5,000.00 DENSHIELD LABOR & MATERIAL 2,500.00 REINFORCED CONCRETE WALL & FOOTINGS 14,000.00 REINFORCED CONCRETE FLATWORK 9,000.00 EXCAVATION W/ COMPACTION, GRAVEL & HAUL OFF 12,500.00 MATERIAL & LABOR TOTAL $122,630.00 5% GENERAL INSURANCE COVERAGE 6,131.50 TOTAL PROJECT COST $128,761.50 00400 PRETREATMENT DRY FEEDER ADDITION PROPOSAL TO: Town of Fraser 153 Fraser Avenue P.O. Box 120 Fraser, CO 80442 PROJECT: PRETREATMENT DRY FEEDER ADDITION Receipt of Addendum Ws. NA — are hereby acknowledged. A. PROPOSAL: The undersigned Bidder for the above named project, and being familiar with all contractual requirements, hereby proposes to furnish all labor, furnish and install materials, tools, supplies, equipment, plant, transportation, services, permits and all other things necessary for the completion of the contractual work and pay all taxes, and perform the work in accordance with the requirements and intent of the Contract Documents, including Drawings and Specifications, within the time of completion set forth herein, for and in consideration of the following unit and lump sum prices: Item Amount # Description, Approximate Quantity, and Unit Price of Bid 1 Provide all labor and materials required to complete the "Dry Chemical Feeder Addition" and provide an operating system in accordance with the Contract Specifications and Drawings: Words— Lump Sum Jouck"_5 (Total) TOTAL $ al%fcO�q�00 (Total) 6511739302:022513 B. QUANTITIES: It is to be understood that the quantities of each item of work set forth in this Proposal are approximate only and will be revised depending on field conditions encountered. The Owner has the right to revise quantities in its best interest without affecting any of the unit prices set forth above. In all cases, the stated unit prices proposed shall be used in determining the final value of the completed work. C. TIME FOR COMPLETION: If awarded this work, the Bidder agrees to begin work within ten (10) days from the date of Notice to Proceed and agrees to prosecute the work with all due diligence and effort to assure completion as set forth in the "Special Construction Provisions" of the Contract Documents. Time for completion is an essential of this Contract. Furthermore, the Bidder agrees that failure to complete the Contract within the time proposed, including any extension thereof, shall be considered a breach of the Contract, and entities the Owner to liquidated damages or rights of severance, as specified. D. PARTIES INTERESTED IN BID: The Bidder hereby certifies that the only persons or parties interested in this Proposal are those named herein, and that no other Bidder or prospective Bidder has been given any information concerning this Proposal. In submitting this Proposal, it is understood that the right is reserved by the Owner to reject any or all Proposals, and to waive informalities and irregularities in Proposals received, and to accept that Proposal which in its judgment best serves the interest of the District. FIRM N A M E M 35 IR-o A u:- ��4e!-,,j BY M�-O d TITLE PM&L-L C-let, STATE OF INCORPORATIONS FIRM'S ADDRESS x tjS� �,6-7 f�r'6� 77 (6 Coq q 2- PHONE FAX 9 fax, +0 0 DATES THIS 4\ DAY OF 2013 ATTEST.0 N\en� (CORPORATION SEAL) Corporation Secretary 6511739302:022513 PRETREATMENT DRY LIME FEEDER ADDITION CONTRACT BUDGET Ii ITEM Bid 1 General Requirements j 10050 General Conditions Accounting 4%of project cost $ 8,000.00 10051 General Conditions Excavation J&L Excavating - - $ 12,650.00 10053 General Conditions-Grand County Building Permit $ 1,380.00 10500 Project Supervision Fee $ _ 6,500._00 10600 Testing required by owner $ 2,875.00 10700 Plan and 0&M manual copy costs $ 605.00 Site Construction- ; 02200 Framing and sheeting,carpentry by M3- — $ -_ 12,960.00 02300 Sealants and Caulking by M3 $ 1,200.00 02400 Option,paint concrete walls to match existing building$600 II 3 Concrete- 03100 Concrete footers,walls and slabs,T&C Concrete $ 16,612.00 03200 Concrete beam poured on site,T&C Concrete,skid steer assistance $ 2,415.00 - - - -- --- 4 Masonry Block and grouting,Summers'Alpine Masonry $ 24,290.00 5 Metals li 05100-Miscellaneous Hardware I $ 650.00 6 Wood 06100 Lumber, Roof system,Highland Lumber $ 2,415.00 II 7 Thermal and Moisture Protection 07100 Foundation and roof insulation,Highland Lumber $ 11380.00 07200 Elevated Roofs,roof and matching siding $ 6,762.00 8 Doors ' 08100 Steelman door,Highland Lumber $ 2,200.00 08210 Option,electric motor drive for roll up door,installed by Overhead Door$1650_ 08200 Roll Up Door,Overhead Door Fraser $ 11,943.00 9 Finishes 09100 Stucco,EIFS as specified,Shadow Mtn. Plaster,Granby $ 1,467.00 10 Specialties-Excluded 11 Equipment 11100 Volumetric Feeder and associated specified equipment,Techweigh Denver $ 29,682.00 - - ------ - - - --- 11101 Feeder install assistance from Techeigh,equipment delivery $ 4,830.00 11102 Feeder install,labor assistance from M3 $ 1,380.00 12 Furnishings-Excluded 13 Special Construction-Excluded 14 Conveying Systems-Excluded r 15 Mechanical-Excluded 1 PRETREATMENT DRY LIME FEEDER ADDITION CONTRACT BUDGET ITEM Bid 16 Electrical 16000 Electrical,Plum's Electric,Fraser $ 23,575.00 16100 Jobsite Power $ 630.00 17 Owner Selection Allowances-Excluded a 18 Fees&Insurance - 18200 Contingency_15% - -- - --- -- $ 30,000.00 18400 Contract bond,3%of project cost plus 15%of bond price - r $ 7,368.00 18500 Supplemental insurance required by contract $ 1,070.00 18600 Bid Bond required by contract $ 115.00 - Grand Total, $ 214,954.00 EXCLUSIONS I 2 March 18, 2013 Town of Fraser Jeff Durbin, Manager Re: Pretreatment Dry Lime Feeder Addition Contract Proposal from M3 Property Service, Inc. Thank you for allowing me the opportunity to bid on the addition to the regional waste water plant. I am happy to report I was able to receive subcontractor and supplier quotes from local companies for all parts of the project except for the Volumetric Feeder and associated equipment—this equipment would be supplied by Techna-Flo in Denver. After visiting with Joe Fuqua at the plant, it appears this addition will greatly benefit your operation,allowing personnel there to simplify the handling of hazardous materials. I have listed two options in the attached detailed breakdown of the proposed contract.The plans call for a manually operated roll up door, Hal Jaeke from Overhead Door advises a motor drive be put on this large, heavy door(line 08210). Even if you choose not to include the option, Rick Plum of Plums Electric has included wiring for this motor in his quote so it can be added in the future.Also note here a line item for$600 was specified for painting the foundation walls (02400)to match the existing building,which was not called for in the Contract Documents. Concerning electrical,there are references in the drawings indicating the wiring in the pretreatment room is to be Class I, Division IL However,the light fixtures specified are not explosion proof.A discussion by phone between Rick Plum (bidding electrician)and project engineer Jim McLaughlin indicated the intent was to provide a corrosion resistant wiring system and not an explosion proof atmosphere. Wiring is then designed to be corrosion resistant and specified light fixtures were bid. 1 have attached a detailed breakdown of the bid so you can review the list of sub-contractors. I have done this also because I would like to propose the option of having the project owner pay only the actual costs associated with the project, plus a 5%profit fee to M3 Property Service on the total contract charges and a 15%overhead fee on all material, rental and subcontractor project costs. Under this scenario,owner payments would of course be limited to no more than the contract price listed on the Sealed Proposal Cover Sheet.You also have the option,of course,of treating this as a traditional contract and paying the contract price listed on the PROPOSAL page of the submittal. If you choose the option of paying the full contract price, M3 will pledge to use the same payment formula outlined below to arrive at an actual project cost. M3 will then donate any funds over and above actual project costs as outlined above to the Fraser Valley Partnership for Trails for trail development and maintenance in the Fraser Valley,which includes all districts served by the regional plant. Subcontractor prices will remain as listed in the attached detailed breakdown of costs(line items include the 15%charge by M3).Owner savings can be realized though in several areas of the quoted price. Any charges exceeding line items can be taken from the contingency budget or from other budget lines at the discretion of M3 in order to meet or stay below the maximum contract price of $214,954. Line items offering possible savings are: 1. Lines 02200,02300, prices quoted for carpentry and caulking services by M3.These services will be charged at$45 an hour. 2. Line 18200,Contingency. This line item will only be used if circumstances necessitate an increase in project costs as detailed in the Contract Budget. These circumstances will be detailed with any use of these funds,which will be at the discretion of M3 only. 3. Line 10050, accounting charges will be billed to M3 at$65 per hour by Frye Bookkeeping with 15% added to these charges for overhead. 4. Line 10053,Grand County might be willing to waive the permit fee. In any case,this is an estimate, charges will be billed for the actual amount plus 15%. 5. Line 10500, Project Supervision Fee—will be billed at$45 an hour for actual logged hours.An E mail will be sent to the project engineer every time I am on site to review project progress or to help with different phases of the project. This e mail log can be copied to any owner representative(s) requested. Actual charges then will total hours logged during the project. Hours spent preparing the contract bid will also be billed as part of this fee if the district chooses one of the above cost plus contracts. 6. Line 10600, if testing is required by the project owner or engineer, it will come out of this budget. 7. Line 10700, Plan and copy costs,dependent on actual numbers of O&M manual and plan copies requested and or provided by owner, operator and permit authorities. Plan copies needed for initial bidding will be deducted from this line item. 8. Line 05100, Hardware will be billed actual amount only plus 15%. 9. Line 06100, Lumber from Highland, actual invoices billed plus 15%. 10. Line 8210, $1650 option listed for electric opener for garage door. As noted above the plans did not call for this, but it is recommended. If project bid cost is met,this would need to be listed as an additional cost if approved by the Owner and Project Engineer. 11. Lines 11101, 11102, shipping, install and training for use of Feeder device. Actual charges for Tecweigh technician at$125 per hour and mileage charges, plus labor charges from M3 at$45 per hour plus actual shipping charges will be totaled.Training time for plant personnel, as specified in the Contract,would be billed actual hours only. 12. Line 16100,Jobsite power. Joe Fuqua has indicated jobsite power might be provided from the existing site source, if a temporary construction outlet is wired by the electric contractor(Rick Plum). If not,this total will cover a jobsite generator and/or district charges for power used. Power demands will be relatively minor. 13. Line 18500,Supplemental insurance. The Contract Document was unclear as to the requirement for a commercial auto policy to be carried by M3 on its company truck. If the general liability policy currently in force for the vehicle is adequate, part of supplemental insurance costs can be saved.All other insurance requirements will be met by M3. Aaiqk you for considering M3's proposal for the addition to the regional water treatment plant. A re�MiI e(r President,Secretary, M3 Property Service, Inc. 970-531-0674,726-4099 CONTRACT DOCUMENTS FOR PRETREATMENT DRY LIME FEEDER ADDITION WASTEWATER TREATMENT PLANT TOWN OF FRASER Prepared by: ® 0 MERRICW 000 && COMPANY McLaughlin Water Engineers K Of Men—k&C-1fTip}jd 'y+ 2420 ALCOTT STREET DENVER, COLORADO 80211 FEBRUARY 2013 6511739302 00010 TABLE OF CONTENTS PRETREATMENT DRY LIME FEEDER ADDITION TOWN OF FRASER Introductory Information Pages Table of Contents....... ........... ........................................................................ 00010 2 Bidding Reguiremens Advertisement for Bids.................................................................................... 00100 1 Instruction to Bidders............ ...................................................................... 00200 5 BidProposal.................................................................................................... 00400 2 BidBond.......................................................................................................... 00430 1 Contracting Reguirements Noticeof Award...................................................................................... ........ 00510 1 Agreement....................................................................................................... 00520 2 Noticeto Proceed..................................................................................... ...... 00550 1 Performance and Payment Bonds .................................................................. 00600 4 General Conditions.............................................................................. ........... 00700 17 Special Construction Provisions.......................................................... ........... 00800 2 Division 1 — General Reguiremens 01300 Submittals.......................................................................................... 01300 2 Division 2 —Site Construction 02200 Structure Excavation and Backfill...................................................... 02100 5 Division 3 — Concrete or 03050 Concrete Work .................................................................................. 03050 6 Division 4 — Masonr 04200 Masonry ............................................................................................ 04200 5 Division 6 —Wood and Plastic 06100 Rough Carpentry............................................................................... 06100 6 6511739302:022513 Division 7 —Thermal and Moisture Protection 07050 Sealants and Caulking ...................................................................... 07050 3 07200 Insulation................................................................... ....................... 07200 1 07240 Exterior Insulation and Finish System ............................................... 07240 2 07610 Metal Roofing Materials..................................................................... 07610 3 Division 8 — Doors and Windows 08100 Metal Door Frames and Hardware .................................................... 08100 6 Division 11 — Eguipment 11050 General Equipment ........................................................................... 11050 5 11060 Lime Feed Systems........................................................................... 11060 2 Division 15 - Mechanical 15700 Heating and Ventilation ............... ..................................................... 15700 2 Division 16 — Electrical 16010 General Provisions........................................................... ................ 16010 6 16100 Basic Materials and Methods ............................................................ 16100 10 16103 Empty Raceway Systems.................................................................. 16103 1 16400 Electrical Systems............................................................................. 16400 4 16900 Electrical Completion......................................................................... 16900 2 List of Drawings: 1. Cover 2. Plans 3. Roof Plan and Sections 4. Elevations, Sections and Details 5. Sections and Details EO. Electrical General Notes, Legend, and IECC Compliance El. Revised Floor Plans and Details E2. Electrical One-line and Panel Schedule END OF SECTION - 6511739302:022513 TOWN OF FRASER PRETREATMENT DRY FEEDER ADDITION ADVERTISEMENT FOR BIDS 1 Sealed Proposals for construction of the Pretreatment Dry Feeder Addition will be received at the Town of Fraser, 153 Fraser Avenue, (P.O. Box 89) Fraser, Colorado 80442, on or before 2:00 p.m., March 18, 2013, at which time the proposal will be publicly opened and read. Any proposal received after the above specified time will be immediately returned to the Bidder unopened. The site of the work is within the Town of Fraser, Colorado. The work generally consists of: ® Masonry Building Addition with Metal Roof and EIFS 2. The Contract Documents, containing the detailed Drawings and Specifications for the construction work, together with the proposed construction Contract, may be seen and obtained at the office of Merrick-McLaughlin Water Engineers, 2420 Alcott Street, Denver, Colorado 80211 or Fraser Town Hall, 153 Fraser Avenue, Fraser, Colorado 80442-0089. 3. Bid security in the amount of 5 percent, unqualified, of the total Proposal price, will be required with each Proposal. Character and disposition of such bid security are stated in the "Instructions to Bidders" of the Contract Documents. Included with the Contract Documents is a Bid Bond form to be used by Bidders not submitting a cashier's check or a certified check. 4. Further information will be found in the "Instructions to Bidders" of the Contract Documents. Each Bidder will be assumed familiar with all Contract Documents, including all Drawings and Specifications. Town of Fraser By: /s/Jeff Durbin, Manage Published: 2/27/2013, 3/1/2013, 3/6/2013, 3/8/2013 & 3/13/2013— Sky Hi Daily News 00200 INSTRUCTIONS TO BIDDERS Bidders will observe the following instructions. These instructions are supplementary to the instructions contained in the "Invitation for Bids" to which each Bidder shall also give particular attention in preparing his Proposal. 1. CONTRACT DOCUMENTS: The following together comprise the Contract Documents and are hereby made a part and parcel thereof. 1. Advertisement for Bids 2. Instruction to Bidders 3. General Conditions 4. Special Construction Provisions 5. Specifications 6. Proposal 7. Notice of Award 8. Agreement 9. Performance Bond 10. Payment Bond 11. Notice to Proceed 12. Drawings, including supplemental drawings and schedules, if any 13. Addenda, if any Where the word "Contract" appears, it shall be held to include all the foregoing. No less than all of the parts of Contract Documents shall constitute the formal Contract. 2. PROPOSAL: In filling out the Proposal, Bidders shall be governed by the following: (a) Bids shall be made upon the form provided in the Contract Documents. All prices must be written in words and expressed in figures. If a discrepancy exists between the amount stated in words and the amount stated in figures, the amount stated in words shall govern. In case of an error in the extension of the price, the unit bid price shall govern. Prices shall be typewritten or written in ink. Changes in the Proposal must be initialed. The Proposal must be signed by one duly authorized to do so, and, in case it is signed by a deputy or subordinate, the principal's proper written authority to such deputy or subordinate must accompany the Proposal. 00200-1 (b) If the Proposal is submitted by: An Individual: The person signing the Proposal shall state below his signature that he is the sole owner of business. A Partnership: The Proposal shall be signed with the Partnership name by one of the members of Partnership, or by an authorized representative, followed by the signature and designation of the person signing. A Corporation: The person signing the Proposal must be the President or Vice President of the corporation. He must state his title and make certain that the corporation seal affixed and attested by the Secretary of the Corporation. (c) A Proposal may be disregarded by the Owner if any modification of the Contract Documents as prepared by the Owner shall be made by the Bidder, or if the Bidder shall fail to fully complete and fill in all blanks necessary to a completion of the Proposal and related documents. 3. PROPOSAL GUARANTY: Each Proposal must be accompanied by a cashier's check or a certified check on a bank that is a member of the Federal Deposit Insurance Corporation, or a Bidder's Bond properly executed by an approved surety company authorized to do business in the State of Colorado, payable without condition to the Owner. The Bid Bond must be on the form provided with the Contract Documents. The amount of such Proposal Guaranty shall be not less than 5 percent of the amount of the Base Bid. Each Bidder agrees that by filing his Proposal together with his Proposal Guaranty in consideration of the Owner's receiving and considering such Proposal, such Proposal shall be held by the Owner until a Proposal is accepted, the Agreement is executed, a satisfactory Performance Bond, Payment Bond and requisite Certificates of Insurance are furnished by the Successful Bidder, or for a period not to exceed 30 days from the date of the opening of the Proposals, whichever period shall be shorter. The term "Successful Bidder" shall be deemed to include any Bidder whose Proposal is accepted, whether initially or subsequent to the failure or refusal of another Bidder to enter in to Contract. Should the Successful Bidder fail or refuse to enter into contract within ten days from the date of the Notice of Award, the Owner shall be entitled to collect the amount of such Bidder's Proposal Guaranty as liquidated damages, to consider all rights arising out of the Owner's acceptance of such Bidder's Proposal as abandoned, and to award the Contract to any other Bidder, to re-advertise, or otherwise dispose of the work as the Owner may determine best serves its interests. 00200-2 4. SUBSTITUTION: If on the Drawings or in the Specifications any material or process is indicated or specified by patent or proprietary name and/or by name of manufacturer, such shall be interpreted as a description of the material and/or process desired, and shall be deemed to be followed by the words "or equivalent," and the Contractor may offer any material or process equal to that indicated or specified. Provided, however, that if the material, process, or article offered by the Contractor, in the opinion of the Engineer is not equal, then the Contractor must furnish the material, process or article specified or one that in the opinion of the Engineer is equal. The burden of proof of equality shall always be the Contractor's responsibility. 5. QUALIFICATIONS: A statement of competency may be required from such Bidders as may be considered in making the award which will include: (a) Work performed by the Contractor in the last five years. (b) Plant and equipment, in detail, available and which he now proposes to use on this work. (c) Recent financial statement relative to resources, including cash and bank credit available. (d) Name of surety company that has indicated its willingness to bond the Bidder. A Bidder otherwise qualified may be required, either before or after the bid opening, to demonstrate availability of equipment and organization, not otherwise committed, to perform the work within the time limits specified in the Contract Documents. Bidders will be required to fully inform the Engineer of their commitments to other work so that he may form an opinion as to their availability for prompt performance of this Contract. No Proposal will be accepted from, and no Contract will be awarded to any person, firm, or corporation that is in arrears to the Owner upon any debt or contract, or that is a defaulter as surety or otherwise, upon any obligation to the Owner. 6. FAMILIARIZATION: Prior to the submission of the Proposal, each Bidder shall make and shall be deemed to have made a careful examination of the site of the work and of all the Contract Documents. Each Bidder shall make and be deemed to have made a thorough investigation concerning all applicable Federal, State and Municipal laws, regulations and ordinances in reference to labor, materials, specifications, and Contract matters, which may, in any manner, affect the proposed work. Each Bidder shall be deemed to have satisfied himself as to all conditions under which he will be obliged to operate should he become the successful Bidder and enter into a Contract for the proposed work. It is 00200-3 understood and agreed that all such factors have been properly investigated and considered in the preparation of every Proposal submitted, as there will be no financial adjustment to any Contract award thereunder which is based on the lack of such prior information or its effect on the cost of the work. Should a Bidder find discrepancies in, or omissions from the Contract Document, including Drawings and Specifications, or should he be in doubt as to their meaning, he shall at once notify the Engineer for an interpretation or clarification thereof, but - in any event no later than four (4) full normal working days prior to the time for the opening of Proposals. Such interpretations or clarifications, subject to the discretion of the Engineer, will be made by a written addendum or bulletin of instructions mailed or delivered by the Engineer to each person or persons who have obtained a set of Contract Documents. Each Person requesting an interpretation or clarification will be responsible for delivery of his written request to the Engineer. The Owner will not be bound by, nor be responsible for, any explanations or interpretations of these Contract Documents other than those given in writing, as set forth in this paragraph. 7. CHANGES: The right is reserved by the Owner to revise or to amend any one of the stated parts of the Contract Documents prior to the date set for opening Proposals. Such revisions and amendments, if any, will be announced by addendum, copies of which will be furnished to each Bidder obtaining a set of Contract Documents as provided for in the invitation for Proposals. If the revisions and amendments are of a nature which may require substantial changes in quantities or prices or both, the date set for opening bids may be postponed by such length of time as in the opinion of the Engineer will enable Bidders to revise their Proposals. In such cases, the addendum will include an announcement of the new time for opening bids. 8. TIME FOR COMPLETION: Time required for completion of the work is a basic consideration of the Contract, and the construction period named elsewhere in the Contract Documents will be taken into consideration in the award of the Contract. Prior to the award of the Contract, the Bidder may be required to satisfy the Owner of his ability to complete the work within the time stated. 9. SUBMISSION OF PROPOSAL: Proposals must be sealed, addressed to and deposited with the Owner at the location stated in the Invitation for Bids before the hour set for opening Proposals in the Invitation for Bids. The envelope enclosing the Proposal must show the title of the work and the name of the Bidder and the word "Proposal." 10. WITHDRAWAL OF PROPOSAL: A Bidder may withdraw his Proposal at any time prior to the expiration of the period during which Proposal may be submitted, by written request, signed in the same manner and by the same persons who signed the Proposal. The Owner agrees to carefully canvass each bid submitted, in consideration whereof the submission of a Proposal shall constitute an 00200-4 agreement that the same may not be withdrawn after opening for a period of thirty (30) days. 11. ACCEPTANCE OF PROPOSAL: Promptly after the opening of the Proposals, a compilation of them will be prepared and the certified checks submitted as Proposal Guaranties by all Bidders, except the three lowest Bidders for each Schedule, will be returned. The certified checks of the three lowest Bidders for each Schedule will be returned as soon as the Bidder to whom the Contract has been awarded executes the Contract and furnishes the Performance Bond and Payment Bond with satisfactory Surety, but not later than (30) days after the date of the opening of Proposals. The Contract will be awarded within thirty (30) days after the opening of Proposal unless all Proposals are rejected, or unless the Bidder to whom the Contract was originally awarded fails to execute the Contract and furnish the required Performance Bond and Payment Bond. The Owner reserves the right to confine his consideration of the Proposals to the base bid or any requested alternate bids. The Owner reserves the right to reject any or all Proposals, to waive inconsistencies and informalities, and to award the Contract on the basis of its own determination of which is the lowest and/or best bid, which best serves the interest of the Owner. 12. REQUIREMENTS OF SUCCESSFUL BIDDER: (a) Agreement: The Successful Bidder will be required to execute the Agreement on forms as included herewith, and to be supplied by the Owner, within ten (10) calendar days from the date of the Notice of Award. (b) Performance Bond and Payment Bond: The Successful Bidder will be required to furnish, at his own expense, fully executed copies of a Contractor's Performance Bond and a Contractor's Payment Bond, each in full amount of the Contract Price in number equal to required copies of the Agreement and in the form attached hereto, within ten (10) calendar days from the date of Notice of Award. (c) Certificates of Insurance: The Successful Bidder will be required to furnish at his own expense, fully executed copies of requisite Certificates of Insurance within ten (10) calendar days from the date of Notice of - Award. See General Conditions for Insurance requirements. 00200-5 00400 PRETREATMENT DRY FEEDER ADDITION PROPOSAL TO: Town of Fraser 153 Fraser Avenue P.O. Box 120 Fraser, CO 80442 PROJECT: PRETREATMENT DRY FEEDER ADDITION Receipt of Addendum Ms. are hereby acknowledged. A. PROPOSAL: The undersigned Bidder for the above named project, and being familiar with all contractual requirements, hereby proposes to furnish all labor, furnish and install materials, tools, supplies, equipment, plant, transportation, services, permits and all other things necessary for the completion of the contractual work and pay all taxes, and perform the work in accordance with the requirements and intent of the Contract Documents, including Drawings and Specifications, within the time of completion set forth herein, for and in consideration of the following unit and lump sum prices: Item Amount # Description, Approximate Quantity, and Unit Price of Bid 1 Provide all labor and materials required to complete the "Dry Chemical Feeder Addition" and provide an operating system in accordance with the Contract Specifications and Drawings: Words— Lump Sum (Total) TOTAL $ (Total) 6511739302:022513 B. QUANTITIES: It is to be understood that the quantities of each item of work set forth in this Proposal are approximate only and will be revised depending on field conditions encountered. The Owner has the right to revise quantities in its best interest without affecting any of the unit prices set forth above. In all cases, the stated unit prices proposed shall be used in determining the final value of the completed work. C. TIME FOR COMPLETION: If awarded this work, the Bidder agrees to begin work within ten (10) days from the date of Notice to Proceed and agrees to prosecute the work with all due diligence and effort to assure completion as set forth in the "Special Construction Provisions" of the Contract Documents. Time for completion is an essential of this Contract. Furthermore, the Bidder agrees that failure to complete the Contract within the time proposed, including any extension thereof, shall be considered a breach of the Contract, and entitles the Owner to liquidated damages or rights of severance, as specified. D. PARTIES INTERESTED IN BID: The Bidder hereby certifies that the only persons or parties interested in this Proposal are those named herein, and that no other Bidder or prospective Bidder has been given any information concerning this Proposal. In submitting this Proposal, it is understood that the right is reserved by the Owner to reject any or all Proposals, and to waive informalities and irregularities in Proposals received, and to accept that Proposal which in its judgment best serves the interest of the District. FIRM NAME BY TITLE STATE OF INCORPORATIONS FIRM'S ADDRESS PHONE FAX DATES THIS DAY OF 2013 ATTEST: (CORPORATION SEAL) Corporation Secretary 6511739302:022513 00430 BID BOND KNOW ALL PERSONS BY THESE PRESENTS: That aa Principal,and as Gurety,are held and firmly bound unto (herinaber called ''OVVNER''), in the penal sum of Dollars ($ lawful money of the United States, for the payment of which aunn well and Uuk/ to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns,jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,that whereas the Principal has submitted to the OWNER the accompanying Proposal dated . —for the construction of and, WHEREAS, the OWNER has required as a condition for receiving said Proposal that the Principal deposit with the OWNER either a certified check equivalent to not less than five(5)per cent of the amount of said Proposal or in lieu thereof furnish a Bid Bond for said amount conditioned that in the event of failure to execute the formal Contract for such construction,and furnish the required Performance Bond if the Contract be awarded to him that said sum be paid immediately to the OWNER as liquidated damages and not as a penalty for the Principal's failure toperform; NOW,THEREFORE, if the aforesaid Principal shall be awarded the Contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the Contract,then this obligation to be void;otherwise the Principal and Surety will pay unto the OWNER the full amount of this guaranty as liquidated damages. IN WITNESS VVHERE[)F, the above bounden parties have executed this instrument under their several seals this day of . 20_____' the name and corporate seal nfeach corporate party being hereto affixed and these pnaoenCo duly signed by its undersigned representative pursuant to authority cd its governing board. Principal (Bidder) (CORPORATE SEAL) ATTEST: Address B Surety Address (SEAL) By (Attach Power ofAttorney) Its Attorney'in-Fact UO43O-1 00510 NOTICE OF AWARD (Date) To: (Contractor) The Town of Fraser (Owner) having duly considered the proposals submitted on (Opening Date) for the construction of Pretreatment Dry Lime Feeder Addition (Project Title) as outlined in these Contract Documents and detailed on the Drawings, and it appearing that your Proposal for performing the work outlined is fair, equitable and to its best interest, the said Proposal is hereby accepted at the bid prices contained therein. In accordance with the terms of these Contract Documents, you are required to execute the formal Agreement and furnish the required Performance and Payment Bonds within ten (10) consecutive calendar days from and including the date of this notice. In addition, you are requested to furnish at the same time five (5) copies of certificate of insurance evidencing compliance with the requirements for insurance stated in the Contract Documents. Your certificate shall be accompanied by a letter from your insurance company stating that the insurance certified meets the requirements of the Contract Documents. The Bid Security submitted with your Proposal will be retained until the Agreement has been executed and the required Performance and Payment Bonds have been furnished and approved. In the event that you should fail to execute the Contract and furnish the Performance and Payment Bonds within the time limit specified, the said Bid Security will be retained as liquidated damages and not as penalty for the delay and extra work caused thereby. Town of Fraser (Owner) By 00510-1 00520 AGREEMENT THIS AGREEMENT made and entered into this day of , 20 , by and between, Town of Fraser party of the first part, hereinafter called the "Owner," and party of the second part, hereinafter called the "Contractor." WITNESSETH: That for and in consideration of the promises contained in the Contract Documents, of which this instrument is a part, the performance thereof, and the payments hereafter to be made, the said parties hereby covenant and agree as follows: 1. In consideration of the covenants and agreements to be kept and performed by the Contractor, and for the faithful performance of this Contract, and the completion of the work embraced therein, according to the Drawings and Specifications and conditions herein contained and referred to, the Owner shall pay, and the Contractor shall receive and accepts as full compensation for everything furnished and done by the Contractor under this Agreement, and also for all loss and damage arising out of the nature of the work, the action of the elements, or from any unforeseen contingencies or difficulties encountered in the - prosecution of the work, the prices stipulated in the Contractor's Proposal, which are made a part of this agreement. 2. The Contractor, at his own proper cost and expense, shall do all work and furnish all labor, materials, tools, supplies, machinery, and other equipment that may be necessary for the construction of Pretreatment Dry Lime Feeder Addition (Project Title) as outlined and as described in the Specifications and detailed on the Drawings. 3. The maintenance of a rate of progress in the work which will result in its completion within the specified time is an essential feature of the Contract, and the Contractor agrees to proceed with all due diligence and care, at all times to take all precautions to insure the time of completion as defined in this Agreement. 00520-1 Said work shall be commenced within 10 days from the date of the "Notice to Proceed"; and the Contractor shall have the work called for under the Contract fully completed within 120 consecutive calendar days from and including the date of the said "Notice to Proceed." 4. It is also understood and agreed that the Contract Documents, including any Addenda thereto issued prior to the opening of bids, consisting of the General Conditions, Special Construction Provisions, Specifications, Proposal, Noticed of Award, Performance Bond, Payment Bond, Noticed to Proceed, and Drawings are all essential parts of this Agreement, and are each and all made a part hereof, and have the same force and effect as if set forth at length herein. 5. It is agreed by the parties to this Contract that this Contract shall be executed in five counterparts, two copies being retained by the Owner, one to be delivered to the Contractor, one to the Engineer, and one to the Contractor's Surety. 6. It is agreed by the parties to this Contract that this Agreement shall be binding upon all their successors, assigns, heirs, executors, and administrators. IN WITNESS WHEREOF, the Owner, party of the first part, has caused these presents to be executed the day and year first above written, and the said party of the second part has caused these presents to be executed and hereunto affixed its seal the day of , 2013. ATTEST/WITNESS: Town of Fraser (Owner) By. ATTEST/WITNESS: (Contractor) By: (Corporation Secretary) Title (Corporation Seal) 00520-2 00550 NOTICE TO PROCEED (Date) TO: (Contractor) You are hereby authorized to proceed on this date, but not later than ten (10) consecutive calendar days hereafter, with the construction of Pretreatment Dry Lime Feeder Addition (Project Title) as set forth in detail in the Contract Documents therefore. Town of Fraser (Owner) By 00550-1 00600 BONDS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT , as Principal, and , a corporation organized and existing under and by virtue of the laws of the State of ,AND AUTHORIZED TO TRANSACT BUSINESS WITHIN THE STATE OF COLORADO, as Surety, are held and firmly bound to: Town of Fraser , as Owner, in the penal sum of - DOLLARS, lawful money of the United States of America, for the payment of which,well and truly to be - made, the said Principal and the said Surety, bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these - presents, as follows: The condition of the above obligation is such that: WHEREAS the above Principal has heretofore on the day of , 2013, entered into a written contract, a copy of which is by reference made a part hereof, with: Town of Fraser ,for the construction of (Owner) Pretreatment Dry Lime Feeder Addition , (Project) said work of construction to be done according to the requirements of said Contract. NOW, THEREFORE, if the above Principal shall well, truly and faithfully perform said Contract and any alteration in or addition thereto, and comply with all of the terms and provisions thereof and satisfy all of the obligations of said Principal arising thereunder (including the matter of infringement, if any, of patents) and comply with all the covenants therein contained, and contained in the Specifications, Drawings, and other documents constituting a part of said Contract required to be performed by said Principal, and satisfy all claims and demands for same, in the manner and within the time provided in said Contract, and shall fully indemnify and save harmless the Owner from all costs and damage which they may suffer by reason of failure so to do, and shall fully reimburse and repay them all outlay and expense which may incur in making good any default, and - 00600-1 reasonable counsel fees incurred in the prosecution of defense of any action arising out of or in connection with any such default, as well as all other reasonable counsel fees incurred by the Owner and arising out of or negotiations with such claim or default, and shall pay all persons who have contact directly with the Principal, for labor, equipment, and materials, if any, included in said Contract, or any alteration in or addition thereto; and if for a period of one year following the Final Acceptance of work performed under the Contract the Principal shall faithfully and satisfactorily repair and/or replace all work, material, and equipment which is determined to be defective during that period of time, provided such defect results directly or indirectly from faulty workmanship or negligence by the Principal, or from faulty manufacturing, faulty erection, faulty materials, or improper handling of materials and equipment furnished and installed by the Principal, then this obligation is to be null and void; otherwise to remain in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration in or addition to the terms of the Contract or to the work to be performed thereunder, or to the Specifications and Drawings accompanying the same, and no forbearance on the part of either the Owner or said Principal to the other, shall in any way affect its obligation on this bond, or release the Principal and the Surety or either of them, their heirs, executors, administrators, successors or assigns from their liability hereunder, and it does hereby waive notice of any such change, extension of time, forbearance, alteration in or addition to the terms of the Contract, or to the work to be performed thereunder, or to the Specifications and Drawings and other documents - constituting a part thereof. IN WITNESS WHEREOF, the above-named Principal and Surety have signed these presents this day of , 2013. Principal (Contractor) ATTEST/WITNESS: By Surety (SEAL) By (Its Attorney-In-Fact) APPROVED: Town of Fraser Owner By NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute BOND. 00600-2 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS, THAT as Principal, and a corporation organized and existing under and by virtue of the laws of the State of , AND AUTHORIZED TO TRANSACT BUSINESS WITHIN THE STATE OF COLORADO, as Surety, are held and firmly bound to: Town of Fraser , as Owner, in the penal sum of DOLLARS, lawful money of the United States, for the payment of which, well and truly to be made, the said Principal and the said Surety, bind themselves and each of their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, as follows: The condition of the above obligation is such that: WHEREAS the above bounded principal has heretofore on the day of , 2013, entered into a written contract, a copy of which is by reference made a part hereof, with: Town of Fraser ,for the construction of (Owner) Pretreatment Dry Lime Feeder Addition , (Project) said work of construction to be done according to the requirements of said Contract. NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such Contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice 00600-3 of any such change, extension of time, alteration or addition to the terms of the Contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS WHEREOF, this instrument is executed in counterparts, each (Number) one of which shall be deemed an original, this day of ,2013. ATTEST/WITNESS: Principal (Contractor) By (SEAL) Surety By (Its Attorney-In-Fact) APPROVED: Town of Fraser (Owner) By NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners shall execute BOND. 00600-4 00700 GENERAL CONDITIONS 1. SCOPE: The Contract conditions following are general in scope and may refer to conditions -- not pertinent to this Contract. Any provisions in these General Conditions which are in conflict with the Special Construction Provisions or which are not applicable to the work performed under this Contract will have no meaning and may be disregarded. 2. DEFINITIONS: a. The Contract Documents consist of the Instructions to Bidders, Proposal, Agreement, Performance and other Bonds, the General Conditions, Special Construction Provisions,the Drawings and Specifications, including all addenda and change orders thereof incorporated in the documents before their execution. These -- form the Contract. b. When the words Owner or Contractor are used, these shall mean the corporations, persons, partnerships, or public entities indicated in the Agreement. C. Wherever in this Contract the word Engineer is used it shall be understood as referring to McLaughlin Water Engineers, Ltd. acting personally or through an assistant duly authorized in writing for such act by the Engineer. d. When the word Bidder is used, it shall mean the person, partnership, or corporation submitting a proposal for the performance of the work in accordance with these Contract Documents. e. When the word Surety is used, it shall mean the entity capable under the laws of the state where the project is located, and acceptable to the Owner,which is bound with and for the Contractor for the payment of money if the Contractor fails to meet its obligations with respect either to the performance of the work, or the payment to all those furnishing labor, materials,or equipment in connection with the performance of the work. f. The term "work" of the Contractor or Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the Contract. g. When in the Specifications the words"as directed,""as required,""as permitted,"or words of like meaning are used, it shall be understood that the direction, requirement, or permission of the Engineer is intended. Similarly, the words "approved," "acceptable," "satisfactory," shall refer to approval by the Engineer. 3. INTENT OF DRAWINGS AND SPECIFICATIONS: The Contract Documents are intended to be complementary, and work called for on any Drawing and not mentioned in the Specifications, or work described in the Specifications and not shown on any Drawing, is to be regarded as included under this Contract, the same as if set forth in the Specifications and exhibited on the Drawings. 00700-1 The prices shown in the Contract Documents shall include the costs of all labor and materials, equipment and services, and all other expenses necessary for the complete execution of the work Contracted for, so that it will function as a working unit of the facility of which it will be a part. In interpreting the Contract Documents, words describing materials, or work having a well-known technical or trade meaning, unless otherwise specifically defined, shall be construed in accordance with such well-known meaning recognized by engineers,architects, - and the trades. 4. AVAILABILITY OF DRAWINGS AND SPECIFICATIONS: Unless otherwise provided in the Contract Documents,the Engineer will furnish to the Contractor,free of charge,all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep at the job site one copy of all Drawings and Specifications on the work, in good order, available to the Engineer and to his representatives. All drawings, specifications, and copies thereof furnished by the Engineer are his property. They are not to be used on other work and, with the exception of the signed Contract set, are to be returned to him on request, at the completion of the work. 5. SUPPLEMENTAL DRAWINGS: When required by the Specifications or Drawings, and for all undetailed material to be fabricated,the Contractor shall make detailed shop drawings to amplify the Drawings referred to in the Contract before proceeding with the work. Sets of prints of such drawings shall be submitted to the Engineer as follows: three prints to be retained by the Engineer, plus one or more prints, as required by the Contractor (as established at the inception of the Contract) to be returned to the Contractor. If no exceptions are taken, such sets of prints will be marked"No Exceptions Taken." If changes or corrections are necessary,such changes or corrections will be noted, and the Contractor shall resubmit complete sets of prints of corrected drawings. The review by the Engineer of the Contractor's drawings relates only to their general conformity with the Drawings and Specifications and does not guarantee detail dimensions and quantities, nor does it relieve the Contractor from the basic requirements and intent of the Drawings and Specifications. The Contractor is responsible for dimensions and those shall be confirmed and correlated at the job site. 6. MATERIALS WORKMANSHIP AND EMPLOYEES: Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor,water,tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Unless otherwise specified, all materials shall be new, and both workmanship and materials shall be of good quality. Prior to procurement, the Contractor shall furnish the Engineer, for his review, the name of the manufacturer of machinery and other equipment and materials which he contemplates incorporating in the work. The Contractor shall also furnish information on capacities, efficiencies, sizes, etc., and other information as maybe required by the Engineer. Samples shall be submitted for review when requested. 00700-2 None but foremen and workmen skilled in the work assigned to them shall be employed on work requiring special qualifications,and the Contractor shall discharge from his service,any disorderly, dangerous, insubordinate, or incompetent person employed on the work. 7. ROYALTIES AND PATENTS: If the Contractor uses any design, device, material, or - process covered by letters of patent or copyright in the construction of the work under this Contract, the use of which has not been specified or required by the Drawings and Specifications,then the right for such use shall be provided for by a suitable legal agreement with the patentee or owner. A copy of this agreement shall be filed with the Owner. The Contractor and the Surety shall indemnify and save harmless the Owner from any and all claims for infringement on any such patented design, device, material, process or any trademark or copyright during the prosecution or after the completion of the work. If any design, device, material, process, or product of a particular manufacturer covered by letters of patent or copyright is specified for use by the Drawings and Specifications, the Owner shall be responsible for any claims for infringement by reason of the use of any such design,device, material, process or product of a particular manufacturer, but the Contractor shall pay any royalties or license fees thereof. 8. OTHER CONTRACTS: The Owner reserves the right to let other Contracts in connection with the work. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work and shall coordinate his work with theirs. 9. LICENSES PERMITS REGULATIONS: Building permits and licenses of a temporary nature necessary for the prosecution of the work shall be secured and paid for by the Contractor. Zoning, land use permits, licenses,and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner, unless otherwise specified. The Owner shall furnish all legal descriptions of land boundary surveys unless otherwise specified. The Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn and specified. If the Contractor observes that the Drawings and Specifications are at variance therewith, he shall promptly notify the Engineer in writing, and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations and without such notice to the Engineer, he shall bear all costs arising therefrom. 10. PROTECTION OF WORK AND PROPERTY ACCIDENT PREVENTION DAMAGES: a. Protection of Work and Property: The Contractor shall continuously maintain adequate protection of all his work from damage and shall protect the Owner's property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury or loss except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the Owner. He shall adequately protect adjacent property as herein provided. He shall provide and maintain all passageways, guard fences, lights and other facilities for protection as required by public authority or local conditions. 00700-3 The Contractor shall be responsible for protection of all public and private property on and adjacent to the site of the work. He shall use every precaution necessary to prevent damage to pipes, conduits, and other underground structures and to overhead wires. He shall protect carefully from disturbance or damage all land monuments and property marks until an authorized agent has witnessed or otherwise referenced their location, and shall not remove them until directed. When any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the work, or - in consequence of the non-execution thereof of his part, such damaged property shall be restored by the Contractor at his own expense to a condition similar or equal to that existing before such damage or injury. b. Safe : In accordance with generally accepted construction practices and the requirements of Local, State, and Federal safety regulations, the Contractor will be solely and completely responsible for conditions of the job site, including safety of all persons and property during performance of work. This requirement will apply continuously and not be limited to normal working hours. The duty of the Engineer to conduct construction observation of the Contractor's performance is not intended to include review of the adequacy of the Contractor's and Subcontractor's safety measures, in, on, or near the construction site. The Contractor shall at all times,whether or not specifically directed by the Engineer, take necessary precautions to insure the protection of the public. The Contractor shall furnish, erect, and maintain, at his own expense, all necessary barricades, suitable and sufficient red lights, construction signs, provide a sufficient number of watchmen and take all necessary precautions for the protection of the work and safety of the public through or around his construction operations. C. Damages: The Contractor hereby expressly binds himself or itself to indemnify and save harmless the Owner, and his officers and employees, the Engineer and his employees, against all suits or actions of every kind and nature brought, or which may be brought, against them or any of them for, or on account of, any injuries or damages received or sustained by any person,firm or corporation, or persons,firms or corporations, in connection with or on account of the Contractor's work under this Contract or by, or in consequence of, any negligence in connection with same or on account of the use of any improper or defective materials or on account of any poor workmanship or on account of any act of commission or omission of the Contractor or his, its or their agent, servants or employees or for any cause arising out of the performance of this Contract. The Contractor also agrees to indemnify and save and protect the Owner and the Engineer and his employees from the expense of investigating and negotiating settlements of any such claims, and from any other expenses incurred by the Owner in or about such claims, or arising out of or in any way connected with such claims. 11. SURVEYS, LINES AND GRADES: Building base lines, pipeline location points of intersection, and permanent or temporary bench marks shall be established by the Engineer. For this work, the Contractor shall furnish, without charge, competent men from his force and such tools, stakes, and other materials as the Engineer may require for the proper staking out of the work, for making measurements and surveys, and for establishing temporary or permanent reference marks. All other survey, layout or measurement work shall be the responsibility of the Contractor. This shall include but not be limited to batter 00700-4 boards, grade stakes, offset stakes,structure layout, elevation transfer stakes and any other surveys required to accomplish the work. All work done under this Contract shall be done to the lines, grades, and elevations shown on the Drawings. The Contractor shall keep the Engineer informed, a reasonable time in advance, of the times and places at which he wishes to do work, in order that lines and grades may be furnished and necessary measurements for record and payment may be made with the minimum of inconvenience to the Engineer and of delay to the Contractor. Any work done without being properly located and established by base lines, offset stakes, bench marks, or other basic reference points located, established, or checked by the Engineer, may be ordered removed and replaced at the Contractor's cost and expense. All stakes, bench marks, and other survey points shall be preserved by the Contractor. In case of their destruction by him or his employees, they will be replaced at the Contractor's expense. 12. CHANGES IN THE WORK: Through the Engineer the Owner may, at any time during the progress of the work, make alterations of, additions or deletions to, or deviations from the work provided for in the Agreement. The work, as changed, shall be performed as if originally specified, and shall in no way invalidate the Contract or the bond or bonds. Any difference in cost shall be added to or deducted from the amount of the Contract, as the case may be. Adjustments in the amounts to be paid to the Contractor on account of changed work shall be determined by one of the following methods in the order listed, the earlier listed being used unless impractical: a. Unit prices submitted in the Contractor's Proposal b. Unit prices agreed upon C. Acceptable lump sum d. Actual cost as defined below: When in the judgment of the Engineer, it is impracticable because of the nature of the changed work or when the Contractor and Engineer cannot agree to fix the amount to be paid for it by any of the above methods (a), (b), or (c), the amount payable shall be adjusted based on the following methodology. This methodology shall apply to all effort whether it be by the prime Contractor or by the Subcontractors. Apportionment of overhead and profit shall be determined and agreed upon by those parties. The methodology involves determination of(1) direct charges, (2) overhead, (3) equipment, (4) actual cost, and (5) profit. (1) Direct Charges. Direct charges shall include all materials and equipment incorporated into the project, all expenditures for materials furnished and used by the Contractor, labor costs (salary paid to workers plus direct benefits) including the working foreman in direct charge of the specific operations. (2) Overhead. The overhead allowance shall be equal to twenty(20) percent of subtotal defined as direct charges. Overhead allowance shall include the 00700-5 cost of general superintendence, rental of small tools, miscellaneous energy and supplies. Where Subcontractors perform work itemized in "Direct Charges," the maximum combined overhead allowance for Subcontractors and the Contractor shall be 20 percent. (3) Equipment. Costs for use or rental of equipment (other than small tools) which may be required shall be based on rental rates for equipment as shown in the "Rental Rate Blue Book" published by Dataquest or similar published document acceptable to the Owner, Engineer, and Contractor. (4) Actual Cost. Actual cost shall be the computed total of the direct charges, overhead, and equipment costs, as defined above. (5) Profit. The allowable profit shall be equal to ten (10) percent of the actual cost, as defined above. If the work is subcontracted,the total profit shall not exceed 10.0%. When the changed work results in a net decrease of the work, the amount payable shall be adjusted according to the same methodology described above, except that the allowable profit shall not be included. The Contractor must notify the Engineer in writing before doing any work which he considers additional and which would require additional compensation. Payroll records, receipts,and other pertinent records which,in the judgment of the Engineer, are required for the establishment of"actual cost,"shall be provided to the Engineer by the Contractor. In case any orders or instructions, either oral or written, appear to the Contractor to involve extra work for which, in his opinion, he should receive extra compensation, he shall immediately make a written request to the Engineer for a written order authorizing such extra work. Should a difference of opinion arise as to what does or does not constitute extra work or concerning the payment thereof, and the Engineer insists on its performance, the Contractor shall proceed with the work after making a written request for a written change order and shall keep an accurate account of the direct charges as provided for in Method"d" in the foregoing paragraph. The Contractor will thereby not waive any right he might have to compensation for the claimed "extra work." The matter will be submitted to the Owner for final determination as to whether or not the extra work constitutes a change order. The Engineer shall have authority to make minor changes in the work, not involving extra cost. No claim for additional payment shall be valid unless authorized in writing as above provided. 13. INSURANCE: The Contractor shall purchase and maintain such insurance as will protect him, the Owner, and the Engineer from claims set forth below which may arise out of, or result from the Contractor's execution of the Work,whether such execution be by himself or by any Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: a. Claims under workers' compensation, disability benefit and other similar employee benefit acts; 00700-6 b. Claims for damages because of bodily injury, occupational sickness or disease, or death of his employees; C. Claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees; d. Claims for damages insured by usual personal injury liability coverage which are sustained (1) by any person as a result of an offense directly or indirectly related to the employment of such person by the Contractor, or (2) by any other person; and e. Claims for damages because of injury to or destruction of tangible property, including loss of use resulting therefrom; and f. Contractual liability insurance covering any liability that the Contractor has assumed by virtue of his obligations outstanding under this Contract. The Contractor shall procure and maintain, at his own expense, during the Contract time, insurance as hereinafter specified: (1) General Public Liability and Property Damage Insurance: The Contractor shall procure and maintain Contractor's General Public Liability and Property Damage Insurance issued to the Contractor and protecting him from all claims for personal injury, including death, and all claims of destruction of or damage to property arising out of or in connection with any operations under the Contract Documents,whether such operations be by himself or by any Subcontractor under him, or anyone directly or indirectly employed by the Contractor or by a Subcontractor under him. Insurance shall be written with a limit of liability of not less than $1,000,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom,sustained by any one person in any one accident; and a limit of liability of not less than $2,000,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $500,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $1,000,000 aggregate for any such damage sustained by two or more persons in any one accident. (2) Fire and Extended Coverage Insurance: The Contractor shall procure and maintain, if applicable, Fire and Extended Coverage insurance covering the project to the full insurable value thereof for the benefit of the Owner, the Contractor, and Subcontractors as their interest may appear. This provision shall in no way release the Contractor or Contractor's Surety from obligations underthe Contract Documents to fully complete the Project. (3) Workers' Compensation Insurance: The Contractor shall procure and maintain, in accordance with the provisions of the laws of the State in which the work is performed, Workers' Compensation Insurance, including occupational disease provisions, for all of his employees at the site of the work and in case any work is sublet,the Contractor shall require such Subcontractor similarly to provide Workers' Compensation Insurance, including occupational disease provisions for all of the latter's employees, unless such employees are covered by the protection afforded by the Contractor. In case any class of employees engaged in hazardous work under this Contract at the work site is not protected under Workers'Compensation Statute, 00700-7 the Contractor shall provide, and shall cause each Subcontractor to provide, adequate and suitable insurance for the protection of his employees not otherwise protected. (4) Builder's Risk Insurance: The Contractor shall procure and maintain"All Risk"type Builder's Risk Insurance for Work to be performed other than underground pipelines. Unless specifically authorized by the Owner,the amount of such insurance shall not be less than the Contract Price for work other than buried pipelines totaled in the Bid. The policy shall cover not less than the losses due to fire, explosion, hail, lightning, vandalism, malicious mischief, wind, collapse, riot, aircraft, and smoke during the Contract time, and until the Work is accepted by the Owner. (5) Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment the Contractor shall procure and maintain Automotive Public Liability and Property Damage insurance in the following minimum limits: Public Liability $500,000 per claim $1,000,000 per accident Property Damage $100,000 to protect the Contractor from any and all claims arising from the use of the following in the execution of all the work; (a) Contractor's own automobiles and trucks (b) Rented automobiles and trucks (c) Subcontractor's automobiles and trucks All the vehicles shall be covered both on and off the site or sites of the work. All insurance policies required hereunder shall name as insured the Contractor, the Engineer, and the Owner. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to the commencement of the Work. These Certificates shall contain a provision that coverages afforded under the policies will not be cancelled unless at least fifteen (15) days prior written notice has been given the Owner. Self insurance by the Contractor is not acceptable. The Contractor and his insurers shall hold harmless, indemnify, and defend the Owner,the Engineer,the Engineer's Subcontractor Consultants, and each of their officers, employees, and agents from any and all liability claims, losses, or damages arising, or alleged to arise, from the performance of the work described herein. The obligation of the Contractor under this paragraph shall not extend to the liability of the Owner, Engineer, Engineer's Subcontractor Consultants, and their officers, employees, and agents arising out of the preparation or approval of maps, drawings, opinions, reports, surveys, change orders, designs, specifications or by giving or failure to give directions or instructions by the Owner, Engineer, the Engineer's Subcontracting Consultants and their officers, employees, or agents provided that said preparation or approval or said giving or failure to give is the primary cause of the injury, damage, or loss. 14. PERFORMANCE BOND AND PAYMENT BOND: The Contractor shall be required by the Owner to furnish a Performance Bond and a Payment Bond on the forms furnished by the 00700-8 Owner in an amount not less than the full amount of the Contract price, as security for the faithful performance of the Contract, for the payment of all persons performing labor and furnishing material, and for all other obligations incurred in connection with the work. If, during the continuance of the Contract,the Surety on the Contractor's Performance Bond or Payment Bond becomes irresponsible in the Owner's judgment, the Owner shall have the right to require additional and sufficient sureties at the Contractor's expense which the Contractor shall furnish within ten (10) consecutive calendar days after written notice to do SO. The Contractor and his Surety shall be jointly responsible for the maintenance and satisfactory operation for a period of one (1)year, or such other period as may be provided by law,following the Final Acceptance,of all work performed underthis Contract,and forthe satisfactory repair or replacement of any work, material or equipment which becomes defective during this period; provided any failure results directly or indirectly from faulty workmanship or negligence by the Contractor, from faulty manufacturing or from faulty erection or improper handling of materials or equipment furnished or installed by the Contractor. Neither the Contractor nor Surety shall be liable under this paragraph for any failure resulting from the Owner's neglect or want of proper operation of facilities or acts of a third party. When any faulty condition is found,the Owner shall serve notice to the Contractor and/or his Surety of this condition. Upon receipt of said notice the Contractor or his Surety shall proceed within 10 days and with due diligence to perform all repairs and/or replacements in a satisfactory manner at no additional cost to the Owner. The expiration date for the repaired or replaced work shall be the same as that for the original work. If, in repairing his own work, the Contractor damages the work or property of others, the repair and payment for such shall be the Contractor's responsibility. Should the Contractor fail or refuse to proceed as stated above, the Owner may at his option, and without further notice to the Contractor, arrange for such work to be done at the expense of the Contractor. 15. AUTHORITY AND DUTIES OF THE ENGINEER: The Engineer is designated by the Owner to exercise authority on his behalf under this Contract and to see that the work product meets the requirements and intent of the Drawings and Specifications. If substantial cause exists where requirements of the Drawings and the Specifications are not being met, work under this Contract may, without cost or claim against the Owner, be suspended by the Engineer. When the Contractor is not present on the work, he shall have a superintendent or other representative present who shall, during the absence of the Contractor, be his representative and have immediate charge of the work and who shall have all of the authority and duties of the Contractor hereunder. The superintendent or representative shall have the Contractor's authority to act in lieu of the Contractor in his absence. a. Engineer's Decisions: The Engineer shall, within a reasonable time after their presentation to him, make decisions in writing on all claims of the Owner or the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. 00700-9 All such decisions of the Engineer shall be final except in cases where time and/or financial considerations are involved, which, if no agreement in regard thereto is reached, shall be subject to later determination. b. Determinations for Payment: The Engineer shall make all determinations of amounts and quantities of work performed hereunder. To assist him in his work the Contractor shall make available for inspection any records kept by him. C. Access to Work: The Engineer and his authorized representatives shall have free access to the work at all times, and the Contractor shall furnish them with facilities for ascertaining whether the work being performed, or the work which has been completed, is in accordance with the requirements of the Contract. d. Construction Checking: The Engineer will make periodic observations of construction (sometimes commonly referred to as"inspection"or"supervision"). The purpose of these observations and construction checking is to determine the progress of the work and to see if the work is being performed in accordance with plans and specifications. He will in no way be responsible for how the work is performed,safety in, on,or about the job site, methods of performance,or timeliness in the performance of the work. e. Inspection of Work: Inspectors may be appointed to inspect materials used and work done. Inspections may extend to all or any part of the work and to the preparation or manufacture of the materials to be used. The inspectors will not be authorized to alter the provisions of these Specifications,or to delay the fulfillment of the Contract by failure to inspect materials and work with reasonable promptness. An Inspector cannot issue instructions contrary to the Drawings and Specifications or act as foreman for the Contractor. The Inspector will have authority to reject defective material and to suspend any work that is being done improperly subject to the final decision of the Engineer. If substandard material not conforming to the requirements of the Drawings and Specifications has been delivered to the project, or has been incorporated in the work, or if work shall have been performed of inferior quality, then such material or work shall be considered as defective and shall be removed and replaced as - directed by the Engineer at the expense of the Contractor. All materials shall be subject to examination and testing by the Engineer at any time during manufacture. The right is reserved to reject defective materials during manufacture or before they have been incorporated into the work. If the Contractor fails to replace rejected materials, the Owner may replace them or correct defective work and charge the cost thereof to the Contractor or may terminate the right of the Contractor to proceed. Any earlier failure to detect defective material or workmanship shall not impair Owner's right to a finally completed project as contemplated by paragraph twenty of these General Conditions. If the Specifications, the Engineer's instructions, laws, ordinances or any public authority require any work to be specifically tested or checked, the Contractor shall give the Engineer timely notice of its readiness for inspection, and if the inspection is by an authority other than the Engineer, of the date fixed for such inspection. Inspections by the Engineer shall be promptly made and where practicable at the source of supply. If any work should be covered up without consent of the Engineer, 00700-10 it must, if required by the Engineer, be uncovered for examination at the Contractor's expense. Re-examination of the questioned work may be ordered by the Engineer and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract Documents, the Owner shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract Documents, the Contractor shall pay such cost, unless he shall show that the defect in the work was caused by another Contractor; in that event, the Owner shall pay such cost. f. Suspension of Work-Climatic Conditions: The Engineer may order the Contractor to suspend work that may be damaged or endangered by climatic conditions. When adverse climatic conditions are unusual and extensive,an extension of time may be granted the Contractor by the Engineer. g. Final Inspection and Acceptance: When the work specified in the Contract is completed and the final cleanup has been performed,the Contractor shall notify the - Engineer in writing that all work under the Contract has been completed and that a final inspection by the Engineer is requested. Within ten (10) days after receipt of the final inspection request, the Engineer shall make the inspection. Within a reasonable time after completion of the final inspection,the Engineer will issue a list of items which are not in conformance with the Contract and which are required to be corrected by the Contractor. Following the satisfactory completion of the corrective items, the Engineer will recommend acceptance of the work to the owner. Neither the final inspection, nor recommended acceptance, nor final estimate, nor any possession of the work by the - Owner shall operate as a waiver of the provisions of these Contract Documents or power reserved herein to the Owner, or of any right to damages herein provided. 16. RIGHTS AND RESPONSIBILITIES OF THE CONTRACTOR: a. General: It is hereby agreed by the Contractor that he has satisfied himself as to the nature and location of the work,the character, quality and quantity of the materials to be encountered, including subsurface conditions, the equipment and facilities needed to prosecute the work, the local conditions, and all other matters which can affect the work under this Contract. If the Contractor in the course of his work finds a discrepancy between the Drawings and the physical conditions or any errors or omissions on the Drawings, it shall be his duty to inform the Engineer in writing immediately, and the Engineer shall promptly investigate and make any determination required by the circumstances. Any work done after such discovery, until authorized,will be done at the Contractor's risk. In all cases the Engineer shall decide the intent of the Drawings and Specifications and his decision shall be final and binding, except as hereinafter provided. b. Address: The address given in the Contractor's Proposal is hereby designated as the place to which all communications to the Contractor shall be delivered or mailed. The delivery or attempted delivery by the U. S. Postal Service or anyone of such a 00700-11 communication at such address, as certified by such person or by an employee of the U. S. Postal Service, will constitute the giving of notice in accordance with the Contract Documents. The date of said service shall be the date of such delivery. The Contractor's address may be changed at any time if a written notice signed by the Contractor is delivered to the Engineer three (3) days prior to such change. C. Payment for Labor and Materials: The Contractor agrees to pay promptly for work, services and labor of every kind, including payments due Subcontractors, for rental equipment used on the work, for materials that are used in the work, and for labor and material incidental to the completion of the work. If the Contractor has at any time failed to pay for work or services of any kind, before final settlement, including amounts due to labor for Subcontractors, or for rental equipment employed on this work, or has failed to pay for the materials chargeable to the work, or if the Owner suspects that such payments have not been made, the Owner may withhold a sufficient amount to cover any unpaid item until lien waivers or other satisfactory evidence of payment shall have been exhibited to the Engineer. d. Protests: If the Contractor considers any work demanded of him to be outside the Contract requirements, or if he considers any ruling of the Engineer to be unfair, he shall immediately ask for a written instruction or decision and shall proceed to perform the work to conform with the Engineer's ruling. If the Contractor considers such instructions unsatisfactory, he shall,within ten(10)days after their receipt,file a written protest with the Engineer stating his objections and the reason therefore. Unless protests or objections are made in the manner specified and within the time limit stated herein, the Contractor hereby waives all grounds for protests. e. Claims for Extra Cost: If the Contractor claims that any instructions by drawings or otherwise issued after the award of the Contract involve extra cost under this Contract, he shall give the Engineer written notice thereof within a reasonable time after the receipt of such instructions, and in any event before proceeding to execute the work, except in an emergency endangering life or property, and the procedure shall then be as is provided for under changes in the work. No such claim shall be valid unless so made. f. Superintendence: The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The superintendent shall not be changed except with the consent of the Engineer, unless the superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The superintendent shall represent the Contractor in his absence and all directions given to him shall be as binding as if given to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work, using his best skill and attention. g. Contractor's Right to Terminate Contract: If the work should be stopped under an order of any court, or other public authority,for a period of three(3) months,through no act or fault of the Contractor, or of anyone employed by him; or should the Owner fail to make payments at the times provided in the Contract, the Contractor shall, seven (7) days after having given notice to the Owner, have the right to suspend work, or at his option, after thirty(30) days have elapsed from date of said notice in writing, should the Owner continue to be in default, he may terminate the Contract 00700-12 and recover the price of all work done and materials provided and all damages sustained. Such failure by the Owner to make payments at the times provided shall be a bar to any claim by the Owner against the Contractor for delay in completion of the work provided the delay resulted solely from a suspension of work by the Contractor because of the Owner's default. h. Independence of Contractor: The rights of inspection and control of the progress of the work reserved by the Owner are for the protection of the Owner in assuring that the work will be done satisfactorily and do not relieve the Contractor in any way from responsibility for selecting appropriate means of fulfilling his obligations hereunder; nor shall the Contractor at any time be constituted the agent of the Owner for completion of the work or any part of it. 17. PROGRESS AND CONTROL OF THE WORK: a. Prosecution of the Work: Before work is started and materials ordered, the Contractor shall meet and consult with the Engineer relative to materials, equipment, and all arrangements for prosecuting the work. The work shall be prosecuted at such time and in or on such part or parts of the project and with such forces of workmen, materials, and equipment as may be required to complete the work provided for in the Contract in a first-class and acceptable condition within the time limits specified or agreed upon. The Contractor, if so directed, shall furnish a schedule of expected progress of the work under the Contract, showing approximately the dates on which each part or division of the work is expected to be begun and finished. The Contractor shall also, if so directed, forward to the Engineer as soon as practicable after the first day of each month,a summary report of the progress of the various parts of the work under Contract in the mills, shops, and in the field giving the existing status, rate of progress, estimated time of completion, revisions to the work schedule,and cause of - delay, if any. b. Subcontracts: The Contractor shall not sublet or Subcontract any portion of the work to be done under this Contract until approval of such action has been obtained from the Owner through the Engineer. The Contractor agrees that he shall remain fully responsible to the Owner for the acts and omissions of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any Contractual relationship between any Subcontractor and the Owner. C. Assignments: Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due to him hereunder without the previous written consent of the Engineer. 18. PAYMENTS TO THE CONTRACTOR: a. Quantities: The quantities shown in the Proposal (if the Proposal is of unit price form) and the Advertisement For Bids are approximations only and are for the 00700-13 purpose of comparing bids. Claims shall not be made against the Owner for excesses or deficiencies, actual or relative, in the final quantities. The Owner reserves the right to eliminate a part of any item in the Proposal that actual construction work discloses as being unnecessary and under no circumstances will the Contractor be paid a unit price different from the unit price in the proposal because the quantities are different from the quantities in the proposal. b. Partial Payments: Unless otherwise stipulated in the Special Construction Provisions, partial payments will be made to the Contractor at monthly intervals. Monthly payment estimates will be made by the Engineer based upon his estimates of the approximate amount and value of work completed during the preceding monthly period. From the total value of work completed the Owner will withhold ten (10) percent from the monthly payments. When the value of work completed has progressed to fifty (50) percent of the Contract amount, and in the Owner's opinion satisfactory progress and quality of work is being maintained, the Owner may elect, at his sole discretion, not to withhold additional retainage for the remainder of the work. The ten (10) percent retainage of the value of work completed may be reinstated if in the Owner's opinion the lack of progress or other substantial reasons exist. The withheld ten (10) percent of the initial fifty (50) percent of the value of work shall be retained until the final payment or until the Owner determines the work is substantially complete and the retainage may be reduced to the amount necessary to assure completion with written approval of the Surety furnishing bonds. Partial payments made by the Owner shall not be construed as an acceptance on the part of the Owner or its Engineer of any part of the work done or of material furnished,but simply as payments on account. C. Final Payment: Within a reasonable time after the acceptance of the work, the Engineer shall certify a final estimate showing the total work done and the amount due the Contractor therefore. After deducting therefrom all previous payments and any other amounts to be kept and retained under the provisions of this Contract or as required by law payment in full shall be made to the Contractor; provided, however, that payment of the final estimate under this Contract, including the amount of the retained percentage under the partial estimates, shall not be due or payable until the Contractor has furnished adequate proof that all claims, liens, or other obligations incurred in connection with the performance of the work have been properly paid and settled by him and all of his Subcontractors. Further, unless stated to the contrary in the Special Construction Provisions, before the Contractor shall receive or be paid the amount of the Engineer's final estimate, the Owner will publish in accordance with State statutory provisions, in a public newspaper of general circulation published in the Counties wherein the work was contracted for and wherein such work was performed and post at the site of the work, a notice stating that it has accepted such work as completed according to the Drawings and Specifications set forth in the Contract, and that final settlement, therefore, is about to be made and that upon thirty (30) days after the first publication, specifying the exact date, the Owner will pay the full balance due under the Contract, and that persons having claims for labor,services, equipment rental,or material furnished the Contractor shall present their claims to the Owner prior to said date specified for such payment. This provision is solely for the protection of the Owner. The Contractor shall have no right or claim by reason of the failure of the Owner to exercise the privilege set forth in this paragraph. 00700-14 d. Payments Withheld: The Owner has the right to withhold payment or, on account of subsequently discovered evidence, nullify the whole or a part of any certificate to such extent as may be necessary to protect himself from loss on account of: (1) Defective work not remedied. (2) Claims filed or reasonable evidence indicating probable filing of claims. (3) Failure of the Contractor to make payments properly to Subcontractors or for material or labor. (4) A reasonable doubt that the Contract can be completed for the balance then unpaid. (5) Damage to another Contractor. When the above grounds are removed, payment shall be made for amounts withheld because of them. 19. RIGHTS OF THE OWNER: a. Right to Annul Contract: The Owner, at any time, shall have the right to annul the Contract upon giving written notice to the Contractor. In this event the Contractor shall be entitled to the full amount of the approved estimate for the work done by him under the Contract up to the time of such annulment, including the retained percentage. The Contractor shall be reimbursed by the Owner for such expenditures as, in the judgment of the Engineer, are not otherwise compensated for, together with the cost of moving to and from the work, and a reasonable profit on the work deleted by reason of the annulment of the Contract, in order that an equitable settlement shall be made with the Contractor. The Contractor's rights to payment upon annulment are subject to all of the remaining provisions of the Contract Documents. The Contractor has no greater right to payment upon annulment than it would otherwise have under the Contract Documents. b. Right to Terminate Contract: This Contract may be terminated by the Owner at any time the Contractor is at substantial default hereunder. For the purposes of this paragraph the term"substantial default"shall mean that the performance of the work set forth under the Contract is unnecessarily or unreasonably delayed by the Contractor, or the provisions of this Contract are being or have been violated by the Contractor or his Subcontractor, and such delay or violation has continued for more - than five(5)days following written notice to the Contractor of such delay or violation. Any such termination shall be accomplished by written notice thereof to the Contractor and the Surety. The termination shall be effective upon the date set forth in the notice,which date can be, but is not required to be,the same date the notice is given. The notice of termination shall inform the Surety that the Surety then has the opportunity to take over and perform the work called for in the Contract Documents, provided, however,that if the Surety does not commence performance thereof within ten (10) days from the date of said notice, the Owner may take over the work and, without prejudice, prosecute the work to completion and the Contractor and his - 00700-15 Surety shall be liable to the Owner for any excess cost in completing the work and for damages caused by or arising out of the Contractor's default. C. Right to Do Work: If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract,the Owner, after seven (7)days'written notice to the Contractor, may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor. However,one(1)day's notice will be deemed sufficient if the subject deficiency involves potential loss of life or property. d. Right to Accept Portion of the Work: The Owner shall have the right to take possession of and use any completed or partially completed portions of the work, notwithstanding that the time for completing the entire work or such portions may not have expired. However, such taking possession and use shall not be deemed an acceptance of any work not completed in accordance with the Contract Documents. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensation or extension of time or both, as the Engineer may determine. 20. COMPLETENESS OF WORK: The facility(ies)to be installed hereunder is to comprise an integral part of the system and/or plant controlled by the Owner and, unless the contrary clearly appears in the Contract Documents, it is understood and agreed that the Contractor shall be obliged to complete the facility(ies) and to place it in good working order as an integral part of said system and plant, and his work shall not be complete until he shall have done so. Before final acceptance, all parts of the work shall be examined and tested if necessary, and each part shall be in good condition and working order, or shall be placed in such condition and order at the expense of the Contractor. All tests of completed work and equipment required under this Contract shall be made under the direction of the Engineer at the expense of the Contractor, who shall repair at his own expense any damage resulting therefrom. Unless otherwise expressly provided in the Contract Documents, the amount to be paid for work hereunder shall include all labor, materials,forms,tools, scaffolding, plant, equipment, services, utilities, royalties, fees, and everything, whether temporary or permanent, necessary to completion of the work specified herein. 21. LIQUIDATED DAMAGES: It is mutually agreed by the parties of this Contract that time is of the essence of this Contract, and that if the Contractor does not complete the work in the specified or agreed upon time period (after allowance for any extensions granted by the Owner as described following), the Contractor shall pay to the Owner as liquidated damages, and not as penalty, the sum stipulated in the Special Construction Provisions for each calendar day the Contractor is in default. The Owner shall have the right to deduct the liquidated damages from any monies due the Contractor or to sue the Contractor to obtain the compensation for damages stipulated hereunder. Extensions of time will be granted the Contractor by the Owner when, in the opinion of the Engineer, such time delays are beyond the control of the Contractor being due to circumstances which could not reasonably be foreseen or avoided and not due to negligence on the part of the Contractor. Examples of delays for which time extensions will be given are:fire, strikes, and delays or changes ordered by the Owner. Extensions may not 00700-16 be granted on account of unfavorable weather or job conditions, unless specifically approved by the Engineer. 22. SANITARY REGULATIONS: The Contractor shall be responsible for providing proper health and sanitation facilities for his employees. Rules and regulations of the State Board of Health, or other bodies having jurisdiction, shall be fully complied with. The Contractor shall at all times provide an abundant supply of safe drinking water for his employees and shall give orders against the use of water in the vicinity of the work, known to be unsafe. At convenient places the Contractor shall provide fly-proof outside toilets which are to be maintained in a sanitary condition. Toilets will not be permitted in any water reservoir area and will not be permitted where they could pollute a water supply. 23. SAMPLES AND TESTS: In the absence of direct references, the sampling and testing of materials shall be done in accordance with the current accepted methods approved by the American Society for Testing and Materials or the American Water Works Association. Tests that are specified or required for approval of source of materials shall be made at the expense of the Contractor by an independent laboratory whose work and facilities are approved by the Engineer. Certified copies of reports of such tests shall be furnished in the required number to the Engineer for his review. Any change in materials or their origin, method of preparation or manufacture will require new tests and review. Except as provided in the specifications, tests of completed work required under this Contract shall be made under the direction of the Engineer by and at the expense of the Contractor who shall repair at his own expense all damage resulting therefrom. Before final acceptance, all parts of the work shall be tested and shall be in good condition and working order, or shall be placed in such condition and order at the Contractor's expense. 24. CLEANING UP: Upon completion of the work,the Contractor shall remove from the site and any occupied adjoining property, all plants, buildings, rubbish, unused materials, form lumber, and other like material belonging to him or his Subcontractors. All privy holes shall be satisfactorily backfilled. Failure of the Contractor to clean up satisfactorily will result in the Owner doing the same, and the cost, therefore, will be charged to the account of the Contractor or his Surety. 25. SALES AND USE TAXES: This project is to be built for a tax exempt municipality;therefore, the Contractor's bid shall not include sales and use taxes. - END OF SECTION - 00700-17 00800 SPECIAL CONSTRUCTION PROVISIONS 1. GENERAL DESCRIPTION OF WORK: Complete details of the Work are shown on the Construction Drawings and/or described in the Specifications. The Work consists of the construction of a complete and operable wastewater treatment facility which includes the following work items: • Building Addition • Bulk Bag Lime Feed System 2. COMPLETION OF WORK: The Contractor will be required to begin work no later than - ten consecutive calendar days after the date of the "Notice to Proceed." All of the Work shall be completed within 120 calendar days. If the Work is not completed on or before the date fixed for completion or as may have been extended by the Engineer, the Contractor shall pay to the Owner liquidated damages in accordance with the General Conditions. The amount of liquidated damages shall be $200 per day for each and every consecutive calendar day that the Work is incomplete after the date set for completion. No extension of time will be granted the Contractor because of adverse weather conditions. 3. OWNER FURNISHED ITEMS: The Owner will furnish non-potable plant water to the Contractor. The Contractor shall be responsible for pumping and transporting the water to the place of use from a point of supply approved by the Owner. The Contractor shall not deplete the supply of plant water needed for plant operations. 4. BYPASSING: The Work of this contract involves work around and/or adjacent to existing wastewater handling and treatment facilities. The Contractor's operations shall not cause disruption of any wastewater handling or treatment plant function. The Contractor shall not allow introduction of any substance that is foreign to a domestic wastewater system into any of the Owner's facilities. This limitation includes rocks, sand, lumber, plastic sheets, paint, petroleum products, toxic compounds, any construction debris, surface water, and groundwater. In the event of introduction of such foreign substance, caused by action or inaction of the Contractor, the Owner reserves the right to collect from the Contractor all costs associated with handling the foreign substance and any fines imposed as the result of such foreign substance. Such costs include costs associated with cleaning and/or repair of facilities, treatment costs, fines imposed by any governmental agency or authority, and incidental costs such as engineering and legal fees. 5. PROGRESS SCHEDULE: Within 15 days of the Notice to Proceed, the Contractor shall submit for approval an estimated Progress Schedule in chart or critical path method form. The schedule shall indicate the date that each part of the Work will be started and completed including testing and start-up. The schedule shall be subdivided and coordinated to the schedule of values. 6511739302:2/25/2013 00800-1 The Contractor shall revise the approved Progress Schedule as conditions at the site require; the revised schedule shall be in the same form as the original approved schedule and concurrent with the time periods covered by applications for progress payments. Each revised schedule shall be submitted to the Engineer for approval simultaneously with the Contractor's application for progress payment for the same time period. The Owner's and Engineer's approval of revised progress schedules will be a condition precedent to the approval of the Contractor's applications for progress payments. 6. SCHEDULE OF VALUES: The Contractor shall submit for approval, in a form acceptable to the Engineer, a complete Schedule of Values of the various portions of the Work, including quantities and unit prices, totaling the Contract Price. The schedule shall subdivide the Work into component parts in sufficient detail to service as the basis for progress payments during construction and to coordinate with the progress schedule - required. Each item in the Schedule of Values shall include its proper share of overhead and profit. An unbalanced breakdown providing for overpayment to the Contractor on items of Work which would be performed first will not be approved. The Schedule of Values, when approved by the Owner, shall be used only as a basis for the Contractor's applications for payment and not for additions to, or deductions from, the Contract Price. 7. PRECONSTRUCTION CONFERENCE: Before start of construction activities, the Contractor shall arrange to meet with the Owner and Engineer to discuss change orders, inspection, insurance, partial payments, progress reports, safety, scheduling, supervision, shop drawings, and other items pertinent to the project. 8. SCOPE OF WORK: Both the Drawings and Specifications show equipment and work which are not part of this contract. The work to be included in this project is delineated on the Drawings. Requests for clarification of the scope should be made to the engineer, in writing, at least 5 days prior to the bid opening. - END OF SECTION - 6511739302:2/25/2013 00800-2 SUBMITTALS — SECTION 01300 PART 1 --DESCRIPTION The Contractor shall submit submittal information to the Engineer as stated in the following Technical Specification sections. The information must be thorough (drawings, descriptions, samples, manufacturer catalog sheets, etc.) enough for the Engineer to determine compliance with Specification requirements of Contractor proposed equipment, materials and methods of work. When catalog sheets are submitted, the items for review must be clearly marked. PART 2 --PROCEDURE 2.01 The Contractor shall submit to the Engineer a minimum of four copies, plus however many copies he wants returned, of each submittal item. The Contractor must allow three weeks for approval, and one additional week if a Subconsultant is needed for approval. Submittals of related items shall be delivered as a package for a coordinated review. The Engineer reserves the right to require submittals in addition to those required in the Specifications. 2.02 The submittals shall be submitted with a transmittal form for each separate item listed for review. The submittal shall be marked with the appropriate title and Section reference for filing. A sequential numbering system shall be assigned to the submittals with a position for marking resubmittals. 2.03 Prior to sending to the Engineer, the Contractor must review all submittal materials and shall mark his approval and recommendations. Items received without Contractor review shall -- be returned without review. All O&M information must be submitted separately from the original submittal and shall be so marked. PART 3 -- REVIEW REQUIREMENTS 3.1 The Contractor is responsible for ensuring compliance with the methods and materials required in the Technical Specifications. Approval of a submittal by the Engineer does not alleviate the responsibility of the Contractor. The Contractor shall maintain responsibility of any errors or omissions, and review by the Owner or the Engineer does not remove any liability or risk of the Contractor. The Contractor can make no claim of failure of the work, material or equipment against any item reviewed. 3.2 If a submittal represents equipment or methods that are different from those specified, the Contractor is responsible for demonstrating the relevance to the specifications. All variations must be shown in writing for review, and must be approved by the Engineer. If the variation creates a change in the Contract Price, a Change Order modification will be generated. PART 4 -- OPERATION AND MAINTENANCE MANUALS The Contractor shall furnish three copies of Operation and Maintenance information for the equipment stated in the specifications. The information shall be labeled as an O&M Manual and be bound in a three-ring binder. The sections shall be clearly labeled and tabbed with permanent covers. They shall include information on required maintenance, installation, operations, electrical and hydraulic systems, lubrication and spare or necessary parts. 6511739302:2/25/2013 01300-1 SUBMITTALS — SECTION 01300 PART 5 -- CERTIFICATES When certification of an item or an individual performing the work is required, three copies of the certificates shall be supplied demonstrating that the material and work are being provided in accordance with the Specifications. PART 6 -- PRODUCT SAMPLES Where required, three samples shall be supplied to the Engineer for review of proposed material, colors, textures or patterns. - END OF SECTION - 6511739302:2/25/2013 01300-2 STRUCTURE EXCAVATION AND BACKFILL— SECTION 02200 PART 1 -- GENERAL 1.1 THE REQUIREMENT: The Contractor shall perform all earthwork indicated and required for construction of the Work, complete and in place, in accordance with the Contract Documents to include, but not limited to, excavation and embankment construction, structural excavation and backfill, compaction, disposal of extra or unsuitable materials, dust and drainage control, and cleanup. The Contractor shall take every step possible to prevent and reduce dust arising from the construction activity. He shall have adequate water trucks on the site at all times and shall water, as necessary, the areas where dust may arise. He shall cooperate fully with the Owner and water immediately, when asked to do so. The Contractor shall provide and maintain adequate erosion control measures during all phases of construction to protect surface waters from run-off transporting eroded materials. The erosion control measures shall be inspected during and after each run-off event, with repairs being made and excess sediment removed as needed. The Contractor is responsible for preventing sediment from traveling off-site or to nearby water sources. 1.2 CONTRACTOR SUBMITTALS: The Contractor will be required to obtain a General Dewatering Permit when discharges from pumping and dewatering, flushing and disinfection, or pressure testing could reach waters of the State. 1.3 DEFINITIONS: FILL: Fill is defined as earthen material excavated from the site and used in the construction of embankments. BACKFILL: Earthen materials collected onsite, remixed to a specific gradation and used to fill around structures or above pipe trenches. EMBANKMENT: The placement of fill material systematically to the grades and elevations shown on the plans. 1.4 EXCAVATION CLASSIFICATION: Regardless of the nature of material excavated, all excavations will be considered unclassified. Excavation shall include materials of every description, and of whatever substances encountered, to the depths and of the areas required for the work. No classification will be made of the materials excavated as to depth, nature, composition, hardness, or degree of water content. PART 2 -- PRODUCTS 2.1 SUITABLE REQUIREMENTS: A. General: Fill, backfill, and embankment materials shall be selected or processed clean, fine earth, rock, or sand, free from grass, roots, brush, or other vegetation. Only topsoil at the backfill surface may include organic matter. B. Suitable Materials: Materials not defined as suitable or unsuitable below are classified as undefined and they need to be accepted for use by the Engineer. Material defined as 6511739302:2/25/2013 02200-1 STRUCTURE EXCAVATION AND BACKFILL— SECTION 02200 suitable may be used for backfilling and constructing fills, and embankments. In addition, when acceptable to the Engineer, some of the material listed as unsuitable may be used when thoroughly mixed with suitable material to form a stable composite. C. Suitable materials may be obtained from on-site excavations, may be processed on-site materials, or may be imported if required. If imported materials are required by this Section or to meet the quantity requirements of the project, the Contractor shall provide the imported materials at no additional expense. On site material used for embankments or fills may contain a high percentage of coarse- grained material. Unless approved by the Engineer, backfill in the upper 2 feet or within 2 feet of a structure should contain no rocks larger than 6 inches in greatest dimension. Rock greater than 12 inches but less than 36 inches in greatest dimension may be placed in non-structural backfills deeper than 2 feet below finish grade. Disperse the large rock throughout the fill and compact soil around the rocks as necessary to prevent voids and nesting. Rocks larger than 36" should be removed from the site. 2.2 UNSUITABLE MATERIAL A. Unsuitable materials include the materials listed below. 1. Soils which, when classified under ASTM D 2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System), fall in the classifications of Pt, OH, CH, MH, or OL. 2. Soils which cannot be compacted sufficiently to achieve the density specified for the intended use. 3. Materials that contain hazardous or designated waste materials including petroleum hydrocarbons, pesticides, heavy metals, and any material which may be classified as hazardous or toxic according to applicable regulations. 4. Topsoil, except as allowed below. 2.3 SUITABLE STABILIZATION MATERIAL: Suitable stabilization material, where required on the Drawings or used as unsuitable material replacement shall be comprised of 1 '/2-inch uniformly graded, crushed rock concrete aggregate. If larger material is needed, it must be approved by the Engineer. PART 3 -- EXECUTION 3.1 EXCAVATION — GENERAL: A. General: Except when specifically provided to the contrary, excavation shall include the removal of all materials of whatever nature encountered, including all obstructions of any nature that would interfere with the proper execution and completion of the Work. The removal of said materials shall conform to the lines and grades indicated or ordered. The entire construction site shall be stripped of all vegetation and debris, and such 6511739302:2/25/2013 02200-2 STRUCTURE EXCAVATION AND BACKFILL— SECTION 02200 material shall be removed from the site prior to performing any excavation or placing any fill. The contractor shall be responsible for the stability of all temporary slopes, including, but not limited to furnishing, placing, and maintaining all supports and shoring that may be required for the sides of the excavations. Excavations shall be sloped or otherwise supported in a safe manner in accordance with applicable State safety requirements and the requirements of OSHA Safety and Health Standards for Construction (29CFR1926) and RSHS. Contractor shall be responsible for any damages to adjacent buildings or structures. B. Removal and Exclusion of Water: The Contractor shall remove and exclude water, including stormwater, groundwater, irrigation water, and wastewater, from all excavations. Dewatering wells, wellpoints, sump pumps, or other means shall be used to remove water and continuously maintain groundwater at a level at least two feet below the bottom of excavations before the excavation work begins at each location. Water shall be removed and excluded until backfilling is complete and all field soils testing have been completed. Unless the water table is kept well below the base of the excavation, the soils may become "quick" and unsuitable for foundation material. Any sumps, drain trenches, or other overexcavation for dewatering facilities shall be backfilled as required. The Contractor is responsible for proper disposal and silt removal of the pumped water as required. C. Structural Excavation: Except where prohibited by existing structures, provide 18-inches of minimum clear working space between exterior lines of the structure foundations and the face of the excavation or shoring. In all cases, extend to solid bearing and below frost line. Excavated materials approved for reuse as structural backfill or for embankments shall be stockpiled by the Contractor. The bottom of the excavation shall be the bottom of the foundation footings as shown on the drawings; however the slab shall be over-excavated 6 inches and replaced with graded gravel and sand, as shown on the drawings, and compacted to at least 98 percent of Standard Proctor dry density (ASTM D698). When excavation and water control operations have been completed for a structure, the Contractor shall notify the Engineer, who will contact the Soils Engineer to inspect the excavation to verify the condition and bearing capacity of undisturbed soil or bedrock. No backfill, concrete or forms shall be placed until the excavation is approved. If it is determined by the Soils Engineer that the natural soils are not suitable, the Contractor shall over-excavate and re-compact with Suitable Stabilization Materials to the limits directed by the Soils Engineer. 3.2 OVER-EXCAVATION NOT ORDERED OR INDICATED: Any over-excavation carried below the grade ordered or indicated, shall be backfilled and compacted to the required grade with the indicated material by the Contractor at the Contractor's expense. The backfill shall be placed in layers no greater than 8 inches in loose depth and then compacted with mechanical equipment capable of penetrating and compacting the loose depth layers. Compaction requirements shall be to receive minimum dry density of 95 percent within 2 percent of optimum moisture content. Payment for authorized over-excavated and replacement materials shall be at a price agreed upon prior to commencement of the work. 3.3 BACKFILL— GENERAL: A. Backfill shall be placed after all water is removed from the excavation, and the trench sidewalls and bottom have been prepared for compaction per these specifications and 6511739302:2/25/2013 02200-3 STRUCTURE EXCAVATION AND BACKFILL — SECTION 02200 approved by the Engineer. Sloping sides of the excavated space shall be stepped to prevent wedging action of the backfill against the structure. No backfill shall be placed around or upon any structure until it is proven that the concrete has attained satisfactory strength and that the structure as a whole is adequate to receive backfill 3.4 PLACING AND SPREADING OF FILL MATERIALS: A. Fill materials shall be placed and spread evenly in horizontal layers. When compaction is achieved using mechanical equipment, the layers shall be evenly spread so that each compacted layer does not exceed 6 inches in thickness. B. During spreading, each layer shall be thoroughly mixed as necessary to promote uniformity of material in each layer. C. Where the fill material moisture content is below the optimum moisture content, water shall be added before or during spreading until the uniform moisture content is within 2% of optimum. D. Where the backfill material moisture content is greater than 2% above optimum the material shall be dried until the moisture content is within 2% of optimum. - 3.5 COMPACTION OF FILL, BACKFILL, AND EMBANKMENT MATERIALS: A. Each layer of fill material shall be mechanically compacted. Equipment that is consistently capable of achieving the required degree of compaction shall be used and each layer shall be compacted over its entire area while the material is at the required moisture content. Permission to use specified compaction equipment shall not be construed as guaranteeing or implying that the use of such equipment will not damage adjacent ground, existing improvements, or improvements installed under the Contract. Flooding, jetting, or ponding will not be allowed for the compaction of any structure backfill. B. Compaction Requirements: The following compaction test requirements shall be in accordance with ASTM D 1557 - Test Method for Laboratory Compaction Characteristics of Soils Using Modified Effort (56,000 ft - Ibf/ft3) (2,700 kN-m/m3) and in accordance with ASTM D 4253 - Standard Test Method for Maximum Index Density and Unit Weight of Soils Using a Vibratory Table. Where agency requirements govern, the highest compaction standards shall apply. Percentage of Percentage of Location or Use of Fill Maximum Densitv Relative Densitv Subgrade, Embankments and Fills. 95 70 (Not Under Structures) Subgrade, Embankments and Fills 100 75 (Under Structures) Topsoil 80 N.A. 6511739302:2/25/2013 02200-4 STRUCTURE EXCAVATION AND BACKFILL— SECTION 02200 3.6 FILL AND EMBANKMENT CONSTRUCTION: A. The area where a fill or embankment is to be constructed shall be cleared of all vegetation, roots and foreign material. Following this, the surface (except when placed on rock) shall be moisture conditioned within 2% of optimum, scarified to a depth of 6 inches, and mechanically compacted. Embankment and fill material shall be placed and spread evenly in approximately horizontal layers. Each layer shall be moistened or aerated, as necessary. Unless otherwise approved by the Engineer, each layer shall not exceed 12 inches of compacted thickness within 10 feet of structures, the top 12 inches of roadways, or over pipelines. The embankment, fill, and the scarified layer of underlying ground shall be compacted to 95 percent of maximum dry density elsewhere as determined by ASTM D698. B. All fill slopes shall be constructed as directed by the Engineer to promote vegetation growth and minimize surface erosion. Supplemental water, if required, shall be added by uniform sprinkling on the embankment and will be mixed uniformly throughout the layers. Compaction shall be accomplished by sheep's-foot rollers, vibratory rollers, multiple-wheel pneumatic-tired rollers or other types of acceptable compacting equipment. Compaction shall be continuous over the entire area and the equipment shall make sufficient passes over the material to insure that the desired density has been obtained. Contractor shall maintain embankments and slopes until the project is complete. 3.7 UNSUITABLE MATERIAL REPLACEMENT: At locations where unsuitable or undesirable conditions are encountered as designated by the Engineer, the Contractor shall excavate the unsuitable material until stable material is encountered and backfilled with suitable stabilization material. It is emphasized that water control and dewatering are fundamental operations during excavation and preparation of the subgrade. No evaluation will be made in the field as to the suitability of encountered materials until all surface water and groundwater have been controlled per the specifications. Excavation of unsuitable materials and replacement with suitable stabilization material that has been authorized by the Engineer will be paid for through change order. 3.8 GRADES: Rough graded surfaces ready to receive top soil, sod, or seed, crushed rock, or aggregate base shall be graded to ± 0.2 feet of the plan elevation, except where meeting curbs, walks, or building entrances, grade to ± 0.1 feet of plan. However, the acceptance of such irregularities shall not be constructed to reduce the thickness of topsoil, sod, or pavement specified. Permanent surface water courses shall be constructed to average plan grades and shall drain completely throughout their length. Finish surfaces shall be ± 0.1 feet of the plan elevation, and all areas shall be finished so as to drain readily. 3.9 CLEAN-UP: Stockpiled topsoil shall be spread uniformly across all disturbed areas except roads, and the estimated quantity of topsoil available shall be considered by the Contractor to set elevations for rough grading of the disturbed areas prior to placing the topsoil. - END OF SECTION - 6511739302:2/25/2013 02200-5 CONCRETE WORK— SECTION 03050 PART 1 -- GENERAL 1.01 DESCRIPTION: The work under this Specification shall include labor, material, equipment and services necessary for the complete placement of all concrete set forth on the Drawings, or in accordance with these Specifications. 1.02 APPLICABLE STANDARDS: American Society for Testing Materials, of the issue current at the time of receipt of bids. A82 Specification for Cold Drawn Steel Wire for Concrete Reinforcement A432 Specification for Deformed Billet Steel Bars for Concrete Reinforcement with 75,000 psi minimum Yield Strength A615 Specification for Concrete Reinforcement C31 Method of Making and Curing Concrete Compression and Flexure Test Specimens in the Field C33 Specification for Concrete Aggregates C39 Method of Test for Compressive Strength of Molded Concrete Cylinders C94 Specification for Ready-Mixed Concrete C175 Specification for Air-Entraining Portland Cement C192 Method for Making and Curing Concrete Compression and Flexure Test Specimens in the Laboratory C260 Specification for Air-Entraining Portland Cement C544 Specification for Preformed Expansion Joint Fillers for Concrete (Non-extruding and resilient types) American Concrete Institute: ACI 301 Specifications for Structural Concrete for Building ACI 318 Building Code Requirements for Reinforced Concrete ACI 306 Recommended Practice for Winter Concreting ACI 347 Recommended Practice for Concrete Form Work ACI 614 Recommended Practice for Measuring, Mixing and Placing Concrete PART 2 — MATERIAL 2.01 CEMENT: All cement used shall be Portland Cement conforming to ASTM C 150, Type II modified, with an air-entraining agent added, or air-entraining cement (ASTM C 175). 2.02 CONCRETE AGGREGATES: Concrete aggregates shall conform to ASTM Specifications for Concrete Aggregates C33. The maximum size of the aggregate shall not be larger than 11/2 inches. 2.03 WATER: Water used in mixing concrete shall be clean and free from deleterious amounts of oils, acids, alkalis, or organic material. 2.04 WATERSTOPS: Waterstops, if required by the drawings, shall be 6-inch polyvinyl chloride waterstop, Type N2 5 Durajoint, as manufactured by Electrovert, Inc., weighing 1.3 pounds per foot or preformed adhesive, Synkoflex. 6511739302:2/25/2013 03050-1 CONCRETE WORK— SECTION 03050 2.05 METAL REINFORCEMENT: Steel reinforcements shall be new, deformed billet steel, meeting ASTM A615, Grade 60, for N2 4 bars, or larger, and Grade 40 for N2 3 bars, or a specifically called for on the Drawings. Shop drawings must be marked accordingly, showing grades. 2.06 STORAGE OF MATERIALS A. Cement: Cement shall be stored so as to prevent deterioration or contamination. Cement which has become caked, partially set, or otherwise deteriorated, damaged or contaminated shall be rejected. B. Aggregates: The aggregates shall be stored and handled so as to preserve the gradation and cleanliness of the material. C. Ready-Mix Concrete: Measurement of materials for ready-mixed concrete shall conform to Specifications for Ready-Mixed Concrete, ASTM C 94. D. Concrete Quality: The allowable stresses for the design of this structure are based on the specified minimum 28-day compressive strength of the concrete. The strength of concrete used for design purposes is 4,000 psi unless noted. All concrete shall contain 5 to 8 percent entrained air unless noted. Concrete shall have a water content not exceeding 5'/2 gallons per sack of Portland cement. Concrete shall not have less than 6 sacks of cement per cubic yard of concrete. The proportion of aggregate to cement for any concrete shall be such as to produce a mixture which will work readily into the corners and angles of the forms and around reinforcement with the method of placing employed on the work, but without permitting the materials to segregate, or excess free water to collect on the surface. The combined aggregates shall be of such composition of sizes that when separated on the N2 4 standard sieve, the weight passing the sieve (fine aggregate) shall not be less than 30 percent of the total, unless otherwise required by the Engineer. E. Testing of Material: 1. All concrete testing for the trial mix proportioning shall be performed by an independent testing laboratory approved by the Engineer. The cost of the trial mix testing and report to the Engineer shall be borne by the Contractor. - 2. During the progress of the work, compression test specimens may be made by the Owner and cured in accordance with ASTM Standard Method of Making and Curing Concrete Compression and Flexure Test Specimens, C31. Specimens will be cured under laboratory conditions, except that when, in the opinion of the Engineer, there is a possibility of the surrounding air temperature falling below 40 degrees F, he may require additional specimens to be cured under job conditions. 6511739302:2/25/2013 03050-2 CONCRETE WORK— SECTION 03050 Slump test shall be performed by the Contractor, as directed by the Engineer at - the time of each pouring. Tests shall show a slump of between 2 inches and 4 inches. - The costs of testing during construction shall be borne by the Owner. Test specimens shall be taken by the Engineer. The contractor shall coordinate concrete placements with the Engineer to insure proper testing in compliance with these Specifications. The Contractor shall furnish all concrete for tests without cost to the Owner. 3. If the average strength of the laboratory control cylinders, for any portion of the structure, falls below the specified strength, the Engineer shall have the right to order a change in the proportions, or the water content, for the remaining portion of the structure. If the average strength of the job-cured cylinders falls below the required strength, the Engineer shall have the right to require conditions of temperature and moisture necessary to secure the required strength, and may require tests in accordance with ASTM Standard Methods of Securing, Preparing and Testing Specimens of Hardened Concrete for Compressive and Flexural Strength, C42, or order load test to be made on the portions of the building so affected. The Engineer shall have the right to order the removal and replacement of all concrete that fails to conform to Specification. The use of testing services shall in no way relieve the Contractor of his responsibility to furnish materials and construction in full compliance with the Drawings and Specifications. PART 3 — EXECUTION 3.01 FORMS: A. Installation of Forms: Forms shall conform to the shape, lines and dimensions of the members, as called for on the Drawings, and shall be substantially free from surface defects and sufficiently tight to prevent leakage or mortar. They shall be properly braced, or tied together, so as to maintain position and shape. Snap ties shall be used, which will result in a 1-inch distance between the remaining tie and the face of the concrete. Holes, resulting from snapping ties, shall be grouted, resulting in a flush, smooth surface. Forms for exposed concrete shall be of plywood, or steel, properly oiled with a non-staining form oil. B. Removal of Forms: Forms shall be removed in such a manner, and at such a time, as to insure the complete safety of the structure. In no case shall the supporting forms, or shoring, be removed until the members have acquired sufficient strength to support, safely, their weight and the load thereon. 3.02 MIXING OF CONCRETE: Before mixing concrete, all mixing equipment shall be cleaned, and all debris and ice removed. The concrete shall be mixed until there is a uniform distribution of the materials, and shall be discharged completely before the mixer is recharged. 6511739302:2/25/2013 03050-3 CONCRETE WORK— SECTION 03050 For job-mixed concrete, the mixer shall be rotated at a speed recommended by the mixer manufacturer, and mixing shall be continued for at least one minute after all materials are in the mixer. Ready-mixed concrete shall be mixed and delivered in accordance with the requirements set forth in ASTM Specifications for Ready-Mixed Concrete, C94. 3.03 CONVEYING OF CONCRETE: Concrete shall be conveyed from the mixer to the place of final deposit by methods which will prevent the separation or loss of materials. In no circumstance shall concrete be allowed to fall uncontained a vertical distance of more than 4 feet. Equipment for chuting, pumping, and pneumatically conveying concrete shall be of such size and design as to insure a practically continuous flow of concrete at the delivery end without separation of the materials. 3.04 PLACING OF CONCRETE: Concrete shall be deposited, as nearly as practicable, in its final position to avoid segregation due to rehandling or flowing. The concreting shall be carried on at such a rate that the concrete is at all times plastic and flows readily into the space between the bars. No concrete that has partially hardened, or been contaminated by foreign - material, shall be deposited on the work, nor shall retempered concrete be used. When concreting is once started, it shall be carried on as a continuous operation until the placing of the panel, or section, is completed. The top surface shall be generally level. When construction joints are necessary, they shall be made in accordance with the following Section 9, "Construction Joints." Where a surface mortar is to be the basis of the finish, the coarse aggregate shall be worked back from the forms with a suitable tool so as to bring the full surface of mortar against the form without the formation of excessive surface voids. All concrete shall be consolidated by vibration, spading, rodding, or forking so that the concrete is thoroughly worked around the reinforcement, around embedded items, and into the corners of forms, eliminating all air or stone pockets which may cause honeycombing, putting, or planes of weaknesses. Mechanical vibrators shall have a minimum frequency of 7,000 rpm and shall be operated by competent workmen. Over vibrating and use of vibrators to transport concrete within forms shall not be allowed. Vibrators shall be inserted and withdrawn at many positions, from 18 to 30 inches apart, for periods of 5 to 15 second duration. 3.05 REINFORCING: A. Shop Drawings and Bar Lists: Before fabrication of the concrete reinforcement, the Contractor shall have prepared complete bending, fabrication, and setting drawings and bar lists, covering all required reinforcing steel. The drawings shall be submitted to the Engineer. B. Cleaning and Bending Reinforcement: Metal reinforcement, at the time concrete is placed, shall be free from rust scale, or other coating, that will destroy or reduce the bond. Bends for bars shall be made around a pin having a diameter of not less than six times the minimum thickness of the bar, except that, for bars larger than one inch, the 6511739302:2/25/2013 03050-4 CONCRETE WORK— SECTION 03050 pin shall not be less than eight times the minimum thickness of the bar. All bars shall be bent cold. C. Placing of Reinforcement: Metal reinforcement shall be accurately placed in accordance with the Drawings, or shop drawings, and shall be adequately secured in position by concrete, or metal, chairs and spacers. D. Splices and Offsets: Splices in metal reinforcement shall be made where shown on the Drawings, with all laps conforming to ACI Specification 318. E. Concrete Protection for Reinforcement: The metal reinforcement shall be protected by thickness of concrete indicated in the Drawings. Where not otherwise shown, the thickness of concrete over the reinforcement shall be in accordance with ACI Specification 318. 3.06 CONSTRUCTION JOINTS: Joints not indicated on the Drawings shall be so made and located as to least impair the strength of the structure. Where a joint is to be made, the surface of the concrete shall be thoroughly cleaned and all laitance removed. In addition, vertical joints shall be thoroughly wetted and slushed with a coat of neat cement grout, immediately before the placing of the new concrete. 3.07 CURING: Procedures, subject to approval of the Engineer, shall be made for maintaining concrete in a moist condition for at least seven days after the placement of the concrete except that for a high-early-strength concrete, most curing shall be provided for at least the first three days. 3.08 COLD WEATHER REQUIREMENTS: Adequate equipment shall be provided for heating the concrete materials and protecting the concrete during freezing, or near-freezing weather. No frozen materials, or materials containing ice, shall be used. All concrete materials and all reinforcements, forms, fillers, and ground with which the concrete is to come in contact shall be free from frost. Whenever the temperature of the surrounding air is below 40 degrees F., all concrete placed in the forms shall have a temperature of between 50 degrees F. and 70 degrees F. and adequate means shall be provided for maintaining a temperature of not less than 70 degrees F. for two days, or 50 degrees F. for three days, or for as much time as necessary to insure proper curing of the concrete. The housing, covering, or other protection used in connection with curing, shall remain in place, and intact, at least 24 hours after the artificial heating is disconnected. No salt, or other chemicals, shall be employed for the prevention of freezing. 3.09 FINISHING: All exposed flat concrete surfaces shall be properly screeded to bring the top surface to proper elevation and contour, floated and toweled to a smooth, dense surface, with a steel trowel, except as noted. Floors shall be uniformly sloped to drain, as indicated on the Drawings. 3.10 EXPOSED CONCRETE: All exposed concrete surfaces shall have a smooth formed finish with an acceptable appearance. Corners of exposed concrete shall have a 3/4-inch chamfer. 6511739302:2/25/2013 03050-5 CONCRETE WORK— SECTION 03050 3.11 DESIGN STANDARDS: The construction of all concrete work shall comply with the standards set forth by Grand County. The Contractor shall refer to the details in the Drawings, and in the Grand County Road Standards & Specifications for required dimensioning and installation of all concrete flatwork. - END OF SECTION - 6511739302:2/25/2013 03050-6 - MASONRY— SECTION 04200 PART 1 -- GENERAL 1.1 DESCRIPTION: The work of this section includes construction of masonry, both reinforced and non-reinforced. The work to be performed in accordance with the requirements of this specification consists of furnishing all materials, equipment, supplies, and accessories required and of performing all operations needed in connection with all masonry work shown on the Drawings, and herein specified. Masonry work shall include patching around all pipes that pass through special blocks, strips, bolts, anchors, etc., for other work furnished under other Specifications that shall be installed during masonry work, as required. Prepare holes, recesses and bedding as required for all chases and duct spaces, as required for installing of plumbing, electrical work, ventilation, etc. 1.2 RELATED WORK DESCRIBED ELSEWHERE: Sealants - Section 07900, Painting - Section 09900. 1.3 SUBMITTALS: Submit details in accordance with Section 01300. 1.4 SAMPLE PANEL: Prior to the start of installation of any masonry the Contractor shall be required to build a sample panel of masonry to be used on the project unless instructed in writing by the Engineer voiding this requirement. The purpose of the panel will be to demonstrate proposed reinforcing, bond, mortar joint and workmanship. The panel shall be 4'0" x 4'0" and include special shapes or conditions. Approval of the panels will be made by the Engineer after drying, curing time, and the cleanup by proposed methods to be used on the project. Should the panel not be acceptable, additional panels shall be constructed until approved. The accepted panels shall not be moved and shall become the standard for comparison for all masonry work on this project. PART 2 -- PRODUCTS 2.1 CONCRETE BLOCK: The concrete blocks for all walls shall be steam cured, hollow, load-bearing concrete masonry units conforming to the requirements of ASTM Specification, Designation C90, Grade N-1, and shall have a minimum face shell thickness of 11/4 inches. The nominal dimensions of all blocks shall be 8-inches high, 16-inches long, and at widths indicated on the Drawings. All units shall be sound and free of cracks or other defects that would interfere with the placing, that would impair their strength, and that would detract from the appearance of the completed walls. All units shall comply with materials scheduled on Drawings. Block to be used in this structure is as follows: Standard Lightweight Block with aggregates meeting ASTM C331 requirements. All masonry units will meet WPI ratings as measured by the Standard Masonry Permeability Test. 6511739302:2/25/2013 04200-1 MASONRY — SECTION 04200 2.2 WALL REINFORCEMENT. A. The horizontal wall reinforcement at brick and block shall be standard galvanized "Dur- O-Wal", or equivalent acceptable to the Engineer, with deformed side rods. The reinforcement shall be butt-weld construction with ladder type design. The rods shall comply with the material requirements of ASTM specification, Designation A 82. The minimum weight of tensile steel in the reinforcement shall be 0.18 pounds per lineal foot. When cast in regular mortar joints, the formation of the side rods shall be of such extent as to develop a minimum surface bond stress of 700 psi. Provide drip on cross ties at cavity walls. B. All masonry walls shall be vertically reinforced with #5 at 32 inches O.C., or as shown on the drawings. Vertical reinforcement shall extend to within 1.5-inches of tops of bond beams, where applicable. Provide additional reinforcement at each side of doorways, windows, and other openings greater than V-0" wide, full height of wall. Where openings are four ft. or wider, provide two vertically reinforced and grouted cells each side. 2.3 BOND BEAMS: The bond beams at the top of the masonry wall and below roof bents shall be constructed in accordance with the details shown on the Drawings. The concrete for the bond beams shall be made with 3/4-inch aggregate, and not less than 5'/2 sacks of portland cement per cubic yard. 2.4 LINTELS: A. Masonry lintels shall be construction of bond beam blocks filled with reinforced concrete. Blocks shall meet the requirements of this Specification. Reinforcement shall be equivalent to the requirements of ASTM Specification A 615, Grade 60. B. Provide masonry lintels over all openings wider than V-0" in walls unless steel lintels are shown. Lintels shall be 8 inches deep at openings up to 4'-0" wide and 16 inches deep at wider openings up to 10'-0". Reinforce with two #5 bottom, full length, each course, and provide one #5 fully grouted below windows and other openings, where possible, extending 24 inches past opening at each side. Bear 24 inches minimum on each side of opening. 2.5 MORTAR: Mortar for all masonry work shall conform to the requirements of ASTM C 270. Mortar shall be Type "S" (Modified) Cement and Hydrated Lime with a 28-day compressive strength of 2000 psi. To all mortar work shall be added "Omicron" waterproofing in the approved integral treatment, proportioned in accordance with the directions of the manufacturer, the Master Builders Company. The use of masonry cement will not be permitted, unless acceptable to the Engineer. Portland cement shall be the same as specified for concrete, and hydrated lime shall conform to ASTM C 207, Type S. 6511739302:2/25/2013 04200-2 MASONRY— SECTION 04200 The sand for the Mortar shall conform to ASTM C 144, and shall pass a No. 16 sieve. Proportions shall be one part portland cement, 1/2 part hydrated lime, and 41/2 parts mason's sand damp loose condition. All mortar shall be thoroughly mixed in rotary machine and shall be mixed only in such quantities as are needed for immediate use. No retempering will be permitted, and masonry mortar which has been mixed for a period greater than 150 minutes shall in no case be used on any portion of the work, and must be discarded. Motar to be uniformly colored to match the mortar of the existing structure. 2.6 CAULKING: General Electric Silicone "Sil Pruf" guaranteed against staining or approved equal. 2.7 GROUT: Grout shall be proportioned by volume and shall have sufficient water added to produce consistency as fluid as possible for placing without segregation. Coarse aggregate shall be pea gravel (3/8-inch diameter or less) conforming to ASTM C 33, Size No. 8. Grout for vertically reinforced cells shall be composed of one part portland cement, two to three parts damp loose sand, and not more than two parts coarse aggregate. In addition, grout for pumping shall have not less than seven sacks of cement in each cubic yard of grout. Grout shall attain a minimum compressive strength of 3000 pounds per square inch at 28 days. 2.8 INSULATION: Cells in the masonry walls that are not filled with concrete reinforcement shall be filled with insulation. The insulation shall be Zonolite water-repellent masonry-fill insulation which meets ASTM C 516-80, Type II or equivalent acceptable to the engineer. PART 3 -- EXECUTION 3.1 GENERAL: All work shall be done by skilled workmen. Care shall be taken to work units to the best advantage in horizontal runs. All masonry shall be braced and supported as necessary to ensure a completely safe condition until set and tied into the structure. The necessary bolts, inserts, sleeves, conduits, door frames, louvers, and other work required shall be accurately set and securely held in place in accordance with standard practices during laying of masonry. All portions of the completed wall shall be thoroughly wet down and kept continuously wet for four hours after installation to slow curing and to reduce shrinkage. 3.2 WALL CONSTRUCTION: All masonry shall be laid with level courses, uniform joints, square corners, plumb vertical lines, true surfaces, and uniform running bond. Masonry shall be laid in a full bed of mortar and shall be shoved into place with horizontal and vertical joints completely filled. All corners shall be bonded. All interior partitions shall be joined to the exterior walls by bonding with Dur-O-Wal type reinforcement. All masonry shall be close fitted and neatly trimmed, if necessary, against frames and walls, and rigidly anchored thereto. Cavities shall be kept clear of mortar extrusions and droppings so that there will be no interference with placing grout or insulation. Vertical joints on exposed faces shall be flush and shall follow the profile of the block face. Horizontal Joints shall be raked square to a depth of 1/4". The 1/4" deep recess shall be continuous around each structure. The mortar shall be worked to a hard dense surface and 6511739302:2/25/2013 04200-3 MASONRY— SECTION 04200 shall be free of shrinkage cracks or other cracks between mortar and block. Tooling shall be delayed until mortar has initially set sufficiently to prevent shrinkage in the mortar due to excess water. Finished work shall be protected by boards and plastic, and new work shall be covered at night. Cover masonry with plastic at all times, except when working, to prevent precipitation from falling on block. Provide temporary bracing of masonry walls. No masonry shall be laid down when temperature of outside air is below 40 F. An air temperature above 50 F shall be maintained on both sides of the masonry for a period of at least 8 hours. Contractors shall follow the recommended practice for cold weather masonry construction by the International Industry All-Weather Council. The Contractor shall build in all lintels, plates, anchors, conduits, sleeves, pipes, etc., and shall provide all chases required by other crafts. At the completion of the work all holes or defective mortar joints shall be jointed, and where necessary, defective joints shall be cut out and repointed. Exposed masonry shall be protected against staining from wall coverings or other sources and excess mortar shall be wiped off the surfaces as the work progresses. At the completion of the work, all exposed masonry shall be thoroughly cleaned. 3.3 CAULKING: The caulking shall be applied with a gun, or by hand when necessary, to ensure a complete and deep installation. Caulking joints shall be not less than '/4-inch, nor more than 3/8-inch wide, and shall be a minimum uniform depth of 3/8-inch with approved non- staining backing. The joints shall be neatly trimmed and struck smooth and the surfaces shall be left true. All caulking shall be reviewed at the completion of construction and any sags or other defects shall be corrected. The caulking shall be applied around all windows and louvers and around the exterior of door frames, at the intersection of materials or units, at the intersection of dissimilar materials, and elsewhere as shown or necessary to complete sealing of joints. Color of caulking shall match existing and be approved by Engineer. 3.4 WALL TIES: Install at 16 inches O.C. each way at concrete block veneer against - concrete. Secure straps to concrete with expansion type anchors. 3.5 HORIZONTAL WALL REINFORCEMENT: The reinforcement shall be placed in the first through bed course above the foundation line and in bed joints at 16-inch centers vertically. Also, where no lintels are specified, the reinforcement shall be placed in the first and second bed joint above and below openings, the reinforcements shall be continuous, and in the second bed joint above and below openings, it shall extend two feet beyond each side of the opening. Provide reinforcement at each course at mitered corners, extend minimum 24-inches horizontally. Coordinate with installation of insulation at cavity walls. The reinforcement shall be wide enough to bridge the air spaces and shall be two inches less in width than the nominal thickness of the block. The splices shall ensure continuity, and the corners shall be cut and bent as required. The reinforcement shall not pass through the vertical masonry control joints or knock-out panels. 6511739302:2/25/2013 04200-4 MASONRY — SECTION 04200 3.6 GROUTING: Reinforcing steel shall be secured in place and reviewed before grouting starts. Vertical cells to be filled shall have vertical alignment to maintain a continuous unobstructed cell area not less than 3" x 4". Cells containing reinforcement shall be solidly filled with grout and lifts shall be stopped 11/2 inches below the top of course to form a key at lift joints. The tops of unfilled cell columns under a horizontal masonry beam shall be covered with metal lath or plugged with paper in individual cells, or special units shall be used, to confine the grout or concrete fill to the beam section. All bolts, anchors, etc., inserted in the wall shall be solidly grouted in place. Spaces around metal door frames and other built-in items shall be filled solidly with grout or mortar. Clean-out holes shall be provided at the bottom of all cells containing vertical reinforcement if - the cell into which the grout is to be placed is over four feet deep (high-lift grouting). Mortar projections and droppings shall be washed out of the grout space and off the reinforcing steel with a jet stream of water as required to clean the space. All grout shall be consolidated at time of placing by puddling or vibrating and then reconsolidated by later puddling before the plasticity is lost. At the Contractor's option, low-lift grouting may be used. In this method, walls shall be constructed in height increment of four feet or less, with grout placed after each height increment is complete; clean-out holes are not required, but cells to be grouted shall be kept clean as the construction of the wall progresses. Grout shall be puddled or vibrated in place. Grout shall be placed to no more than four-foot depths; after waiting at least one hour, another depth of four feet or less may be placed. The full height in each cell shall be placed in one day. 3.7 CLEANING: Concrete and grout stains on the wall shall be removed immediately. Exposed masonry shall be protected against staining from wall coverings or other sources, and excess mortar shall be wiped off the surfaces as the work progresses. At the completion of the work, all exposed masonry shall be thoroughly cleaned. At the conclusion of the masonry work, the masonry contractor shall clean all exposed masonry with a 5 to 10% solution of muriatic acid in water; remove scaffolding and equipment used in the work; and remove all debris, refuse, and surplus masonry materials from the premises. - END OF SECTION - 6511739302:2/25/2013 04200-5 ROUGH CARPENTRY— SECTION 06100 PART 1 -- GENERAL 1.1 SCOPE: The work to be performed in accordance with the requirements of this Specification consists of furnishing all material, equipment, supplies, and accessories required and of performing all operations needed in connection with all woodwork shown on the Drawings and herein specified. The woodwork may include, but not be limited to, all rafters, exterior trim and siding, framing, wood blocking and other connection work and all interior ceilings and walls. Concrete form work is not included in this Specification. 1.2 REFERENCES: All lumber used shall conform to the requirements of the latest revision of applicable standards. Standards used for lumber and lumber products include: A. American Lumber Standards, Simplified Practice Recommendations, B. West Coast Lumber Inspection Bureau, C. American Plywood Association, D. ASTM D245, Establishing Structural Grades and Related Allowable Properties for Visually Graded Lumber, E. ASTM D2915, Allowable Properties for Grades of Structural Lumber, F. Western Wood Products Association (WWPA), G. American National Standards Institute (ANSI), H. National Design Standard for Stress Grade Lumber and Its Fastening. 1.3 CONTRACTOR SUBMITTALS: Submit shop drawings on substituted equipment or material indicating materials and species, arrangement, thickness, size of parts, construction, fastenings, blocking, clearances, joints, and assembly and erection details. Include data for wood-preservative treatment from chemical treatment manufacturer and certification by treating plant that treated materials comply with requirements. Indicate type of preservative used, net amount of preservative retained, and chemical treatment manufacturer's written instructions for handling, storing, installing, and finishing treated material PART 2.0 -- PRODUCTS 2.1 WOOD PRODUCTS, GENERAL: Lumber: DOC PS 20 and applicable rules of lumber grading agencies certified by the American Lumber Standards Committee Board of Review. A. Factory mark each piece of lumber with grade stamp of grading agency. B. Provide dry lumber with 5 percent maximum moisture content at time of dressing. 6511739302:2/25/2013 06100-1 ROUGH CARPENTRY — SECTION 06100 2.2 WOOD-PRESERVATIVE-TREATED MATERIALS: A. Preservative Treatment by Pressure Process: APWA C2 (lumber) and APWA C9 (plywood), except that lumber that is not in contact with the ground and is continuously protected from liquid water may be treated according to AWPA C31 with inorganic boron (SBX). 1. Preservative Chemicals: Acceptable to authorities having jurisdiction and one of the following: a. Chromated copper arsenate (CCA). b. Ammoniacal copper zinc arsenate (ACZA). C. Ammoniacal, or amine, copper quat (ACQ). d. Copper bis (dimethyldithiocarbamate) (CDDC). e. Ammoniacal copper citrate (CC). f. Copper azole, Type A (CBA-A). g. Oxine copper (copper-8-quinolinolate) in a light petroleum solvent. - B. Kiln-dry material after treatment to a maximum moisture content of 5 percent for lumber and plywood. Do not use material that is warped or does not comply with requirements for untreated material. C. Mark each treated item with the treatment quality mark of an inspection agency approved by the American Lumber Standards Committee Board of Review. D. Application: Treat items indicated on the Drawings and the following: exterior sheathing, wood blocking (all). 1. Wood cants, nailers, curbs, blocking, stripping, and similar members in connection with roofing, flashing, vapor barriers, and waterproofing. 2. Wood sills, sleepers, blocking, furring, stripping, and similar concealed members in contact with masonry or concrete. 3. Wood framing members less than 18 inches above grade. 2.3 DIMENSION LUMBER: A. General: Provide dimension lumber of grades indicated according to the American Lumber Standards Committee National Grading Rule provisions of the grading agency indicated. B. Framing Other Than Non-Load Bearing Partitions: No. 2 or better grade and any of the following species: 1. Douglas fir-larch; WCLIB or WWPA. 2. Douglas fir-south; WWPA. 3. Douglas fir-larch (north); NLGA. 4. Southern pine; SPIB. 5. Weyerhaeuser iLevel TimberStrand LSL, engineered stud 6. Boise Versa-Stud, engineered stud 6511739302:2/25/2013 06100-2 ROUGH CARPENTRY — SECTION 06100 C. Ceiling Joists (Non-Load-Bearing): No. 2 or better grade and any of the following species: 1. Douglas fir-larch; WCLIB or WWPA. 2. Douglas fir-south; WWPA. 3. Douglas fir-larch (north); NLGA. 4. Southern pine; SPIB. 5. Weyerhaeuser iLevel TimberStrand LSL, engineered stud 6. Boise Versa-Stud, engineered stud D. Joists, Rafters, Purlins and Other Framing Not Listed Above: No. 2 or better grade and any of the following species: 1. Douglas fir-larch; WCLIB or WWPA. 2. Douglas fir-south; WWPA. 3. Douglas fir-larch (north); NLGA. 4. Southern pine; SPIB. 5. Weyerhaeuser iLevel TimberStrand LSL, engineered stud 6. Boise Versa-Stud, engineered stud 2.4 MISCELLANEOUS LUMBER: A. General: Provide lumber for support or attachment of other construction, including the following: 1. Blocking. 2. Cants. 3. Nailers. 4. Furring. 5. Grounds. B. For items of dimension lumber size, provide No. 2 or better grade lumber with 5 percent maximum moisture content and any of the following species: 1. Mixed southern pine; SPIB. 2. Hem-fir or Hem-fir (north); NLGA, WCLIB, or WWPA. 3. Spruce-pine-fir (south) or Spruce-pine-fir; NELMA, NLGA, WCLIB, or WWPA. C. For concealed boards, provide lumber with 5 percent maximum moisture content and any of the following species and grades. 1. Mixed southern pine, No. 2 grade; SPIB. 2. Hem-fir or Hem-fir (north), Standard or 3 Common grade; NLGA, WCLIB, or WWPA. 3. Spruce-pine-fir (south) or Spruce-pine-fir, Standard of 3 Common grade; NELMA, NLGA, WCLIB, or WWPA. D. For furring strips for installing plywood or hardboard paneling, select boards with no knots capable of producing bent-over nails and damage to paneling. 6511739302:2/25/2013 06100-3 ROUGH CARPENTRY — SECTION 06100 2.5 SHEATHING: Each panel of construction and industrial plywood shall meet the requirements of the latest edition of U.S. Product Standard PS 1 and shall be identified with the appropriate grade-trademark of the American Plywood Association. All plywood shall be exterior type. A. Plywood Roof Sheathing: Exterior sheathing a. C-D Exterior. b. Not less than 3/4" thick. B. Oriented Strand Board (OSB) Wall Sheathing: Exterior sheathing a. AdvanTech or approved equal. b. Not less than 5/8" thick. 2.6 SIDING: See Specification 07461. 2.7 REDWOOD: All redwood shall contain only heartwood. Redwood containing any sap wood will be rejected. All redwood shall have a minimum of 12 growth rings per inch. All 1-inch nominal lumber shall be a clear heart grade. All 2-inch nominal lumber shall be at least select heart grade. 2.8 DENSSHIELD: Each panel shall have a 5/8" minimum thickness and be installed per manufacturer's recommendations, including 2 inch wide fiberglass mesh tape at all joints and angles followed by skim coat. Primer shall be suitable for high-moisture areas and the color of the final topcoat is to be approved by the Engineer. Densshield shall be manufactured by Georgia-Pacific or approved equal. 2.9 FASTENERS: A. General: Provide fasteners of size and type indicated that comply with requirements specified in this Article for material and manufacture. 1. Provide all fasteners with hot-dip zinc coating complying with ASTM A 153/A 153M, unless stainless. B. Nails, Brads, and Staples: ASTM F 1667. C. Power-Driven Fasteners: CABO NER-272. D. Wood Screws: ASME B18.6.1. E. Screws for Fastening to Cold-Formed Metal Framing: ASTM C 954, except with wafer heads and reamer wings, length as recommended by screw manufacturer for material being fastened. F. Lag Bolts: ASME B18.2.1. (ASME B1 8.2.3.8M). 6511739302:2/25/2013 06100-4 ROUGH CARPENTRY — SECTION 06100 G. Bolts: Steel bolts complying with ASTM A 307, Grade A (ASTM F 568M, Property Class 4.6); with ASTM A 563 (ASTM A 563M) hex nuts and, where indicated, flat washers. H. Expansion Anchors: Anchor bolt and sleeve assembly of material indicated below with capability to sustain, without failure, a load equal to 6 times the load imposed when installed in unit masonry assemblies and equal to 4 times the load imposed when installed in concrete as determined by testing per ASTM E 488 conducted by a qualified independent testing and inspecting agency. I. Material: Stainless Steel. PART 3 -- INSTALLATION 3.1 INSTALLATION, GENERAL: A. Set rough carpentry to required levels and lines, with members plumb, true to line, cut, and fitted. Fit rough carpentry to other construction; scribe and cope as needed for accurate fit. Locate furring, nailers, blocking, grounds, and similar supports to comply with requirements for attaching other construction. B. Do not use materials with defects that impair quality of rough carpentry or pieces that are too small to use with minimum number of joints or optimum joint arrangement. C. Apply field treatment complying with AWPA M4 to cut surfaces of preservative-treated lumber and plywood. D. Securely attach rough carpentry work to substrate by anchoring and fastening as indicated, complying with the following: 1. CABO NER-272 for power-driven fasteners 2. Published requirements of metal framing anchor manufacturer. - E. Use common wire nails, unless otherwise indicated. Select fasteners of size that will not fully penetrate members where opposite side will be exposed to view or will receive finish materials. Make tight connections between members. Install fasteners without splitting wood; pre-drill as required. F. Use finishing nails for exposed work, unless otherwise indicated. Countersink nail heads and fill holes with wood filler. 3.2 WOOD GROUND, SLEEPER, BLOCKING, AND NAILER INSTALLATION: A. Install where indicated and where required for screeding or attaching other work. Form to shapes indicated and cut as required for true line and level of attached work. Coordinate locations with other work involved. B. Attach items to substrates to support applied loading. Recess bolts and nuts flush with surfaces, unless otherwise indicated. Build anchor bolts into masonry during installation 6511739302:2/25/2013 06100-5 ROUGH CARPENTRY — SECTION 06100 of masonry work. Where possible, secure anchor bolts to formwork before concrete placement. 3.3 WOOD FURRING INSTALLATION A. Install level and plumb with closure strips at edges and openings. Shim with wood as required for tolerance of finish work. 3.4 WOOD FRAMING INSTALLATION, GENERAL: A. Framing Standard: Comply with AFPA°s "Manual for Wood Frame Construction," unless otherwise indicated. B. Where built-up beams or girders of 2-inch nominal-dimension lumber on edge are required, fasten together with 2 rows of 20d nails spaced not less than 32 inches o.c. Locate one row near top edge and other near bottom edge. For continuous members locate end joints over supports. 3.5 SHEATHING: A. General: Nail with 8d galvanized common spaced 6-inches at panel edges and 12-inches at intermediate supports or as detailed on Drawings. - END OF SECTION - 6511739302:2/25/2013 06100-6 SEALANTS AND CAULKING — SECTION 07050 PART1 -- GENERAL 1.1 SCOPE: Provide all sealant and caulking work, complete as indicated, specified, and required. This Specification is intended to be general in scope and not specific as to locations of caulking and sealants. Contractor shall examine all Drawings and Details thoroughly and familiarize himself with the extent of the caulking and sealing involved. Only a complete and absolutely watertight and weathertight job will be accepted. Additional information pertaining to sealing and/or caulking will be found in the various specific Specifications and shall be coordinated with the work of the Specification. 1.2 REFERENCES: A. American Society for Testing and Materials (ASTM) B. American National Standards Institute (ANSI) 1.3 CONTRACTOR SUBMITTALS: Submit technical data by all manufacturers of proposed materials including color of caulk. Submit material manufacturer's printed preparation and application instructions to Engineer. 1.4 QUALITY ASSURANCE: Deliver sealant and caulking compounds in unopened factory labeled containers. Labels shall bear statement of conformance to standards specified for each material and shall bear manufacturer's name and product designation. PART 2.0 -- PRODUCTS: 2.1 SEALANT FOR HORIZONTAL SURFACES, EXTERIOR OR INTERIOR: Sealant shall be a two-part self leveling and pourable urethane equal to Vulkem 45 as manufactured by MAMECO International (The Master Mechanical Company), or approved materials produced by Product Research and Chemical Corporation, or Sika Chemical Company, or equal. Color shall be chosen by the Engineer. 2.2 SEALANT FOR VERTICAL SURFACES, EXTERIOR OR INTERIOR: Sealant shall be a two-part non-sag (gun grade) manufactured by MAMECO Internation Vulkem 227, Sika Chemical Company, or equal. Color shall be either standard gray or standard black, whichever is compatible with the color of adjacent walls, as approved by the Engineer. 2.3 PRIMER: Where required shall be used as recommended in writing by the sealant manufacturer. Primer shall have been tested for non-staining characteristics and durability on samples of actual surfaces to be sealed. 2.4 BACK-UP MATERIALS AND PREFORMED JOINT FILLERS: Use non-staining material, compatible with sealant and primer, and of a resilient nature, such as closed cell polyethylene rod, or elastomeric tubing or rod (neoprene, butyl, or EPDM). Materials impregnated with oil, bitumen, or similar materials shall not be used. Size and shape shall be as indicated by joint details in drawings and shall be as recommended by sealant manufacturer in writing. Sealant shall not adhere to back-up material. 2.5 BOND BREAKERS: Where required, shall be polyethylene tape as recommended by sealant manufacturer in writing. 6511739302:2/25/2013 07050-1 SEALANTS AND CAULKING _ SECTION 07050 2'6 NEOPRENE PAD: Designated neoprene pads at eXp@nGkJO joints shall be continuous in length and of designated width and length. Use neoprene which O0eeƒG requirements Of Section 25' Division 2 of AAGHTO Standard Gp8CifiC81iOOs for Highway Bridges, Table B [}uro7O. PART 3 ~- INSTALLATION 3-1 GENERAL: |OSt@|| sealants and cGU|kJDg by material manufacturer's approved applicator in strict COOfOrrDGnCe with manufacturer's printed instructions. Sealant installer shall examine all surfaces and report to the Contractor all conditions not acceptable. Thoroughly clean all joints, [anlOviDg G| foreign matter such as dust, Oi|, greGGe, vvat8r, surface dirt, frost, and old caulking materials. Sealant must b8 applied tothe base surface. Previously applied paint or primer must be entirely removed. Porous rDa18ria|G such as concrete, masonry orstone GhOU|d be cleaned where necessary by grinding' blast-cleaning, mechanical @bnadinQ, acid washing or combination of these methods 0o provide a c|ean, sound base surface for sealant adhesion. LaitenceGhaU be removed by acid washing, grinding' or mechanical abrading. Form Oi|a Gh@|| be removed by blast-cleaning. Loose particles present or resulting from grinding, abrading 0[ b|8st'deaning shall be removed by blowing out joints with oi|f[8g compressed air /or vacuuming) prior to application of primer and sealant. Non-porous surfaces, such as nnet@| and g|asG. shall be cleaned either mechanically Or chemically. Protective coating such as mnethacnlate lacquer on metallic surfaces shall be removed byasolvent that leaves noresidue. Solvent shall be used with clean cloths Vr |iDUeae paper towels. [}O not allow solvent tO air dry without wiping. Wipe dry with clean, dry cloths Or |iOt|8Gs paper towels. Joint areas to be protected with masking tape or strippable films shall be cleaned before application of tape or film. All joints to receive sealant 8h8|| be as indicated on the Drawings or shop drawings. Do not seal joints until they are in compliance with Drawings or meet with the approval ofthe Engineer. Joints to [gCSiV8 sealant shall be @ nliDiOlUOO Of 1/4-iDch wide by 1/4-iDCh deep, unless otherwise approved. For joints in concrete, masonry, or stone, the depth of the sealant may be equal to the width Ofjoints uptOYb-iOchwide. For joints }b-iDChtO 1-inch wide the depth 8h8|| be 1/2-inch. For expansion and other joints, 1 10 2 inches wide the depth shall be not greater than 1/2 the applied sealant width. For joints exceeding 2 inches in width: depth shall beam directed by sealant manufacturer. For joints in metal, glass, and other non-porous surfaces the sealant depth shall be a minimum of 1/2 the applied sealant width, and oho|| in no C8ee exceed the applied sealant width. Joints to receive sealant, back-up material or preformed joint filler shall be cleaned out, raked to full width and depth as required by sealant installer. Joints shall be of sufficient width and depth to accommodate specified back-up material or preformed joint filler and sealant. 3.2 APPLICATION: Install back-up material or joint filler, of txo8 and size specified or required by the sealant manufacturer, 81 proper depth to provide sealant dimensions as detailed. Back-up material shall be of suitable size and shape and compressed 25-5Opercent to fit joints as required. Sealant 8h@|| not be applied without back-up material and/or bond / 6511738302:2/25/2013 07050-2 | SEALANTS AND CAULKING — SECTION 07050 breaker strip. When using back-up tube avoid lengthwise stretching. Tube or rod shall not be twisted Orbraided. Apply masking taoe, vvh8n8 required, in continuous strips in alignment with joint edge. Prime surf8ces, where n3quired, with primer as recommended by sealant manufacturer. Fo||OvV sealant manufacturer's instruction regarding mixing (if required), surface p[epG[ation, priming, and application procedure. For sealant application when air temperature i8 below 4OOFconsult sealant manufacturer for recommendations before applying sealant. Apply sealant under pressure with hand or power actuated gun or other appropriate means. Gun shall have OOZz|e of proper size and provide sufficient pressure to completely fill joints as designed. All joint surfaces shall be tooled to provide the contour as indicated on the Drawings. When tooling joints, use tooling solution recommended bymanufacturer. Remove masking tape immediately after joints have been tooled. Cure in accordance with manufacturer's recommendations. 3.3 CLEAN UP: Clean adjacent surfaces of sealant aG work progresses. Use solvent or cleaning agent as recommended by sealant manufacturer. All finished work shall be left in a neat, clean condition. The sealant joints shall be uniformly smooth, free of wrinkles, flush with adjacent surfaces and absolutely water tight. Adjacent surfaces which have been soiled bythe application of the sealing COnOpoUOd 8h8|| be wiped C|e8O and be left neat. The work will be GcUUdg8d defective due 1O the Se@|8Ot's hardening, cracking, crumbling, melting, vvriDWiDQ, shrinking, splitting, leaking, Or running. ~ END OF SECTION - 6511739302:2/2e2013 07050-3 INSULATION — SECTION 07200 PART 1 -- GENERAL 1.1 SCOPE: This Section covers insulation to be placed in the walls and ceiling. 1.2 GENERAL: The Contractor shall obtain the Engineer's approval of the materials he proposes to use. The Contractor shall provide manufacturer's literature that describes the materials, manufacturer installation and handling instructions, and installation sketches as necessary for review by the Engineer. The Contractor shall adhere to the manufacturer's recommendations regarding installation handling and safety. PART 2 -- PRODUCTS 2.1 CEILING INSULATION: Batt insulation shall have a minimum resistance value of R-30, with white 10 mil vapor barrier. Insulation shall be un-faced fiberglass, Owens-Corning or equal. - END OF SECTION - 6511739302:2/25/2013 07200-1 EXTERIOR INSULATION AND FINISH SYSTEM — SECTION 07240 PART 1 -- GENERAL 1.1 SCOPE: This specification covers furnishing and installing mechanically attached insulation with polymer-modified acrylic sealed cement stucco-like finish. 1.2 The Contractor shall furnish to the Engineer for approval descriptions of all components, and manufacturer recommendations and details. Shop drawings shall show wall layout, connections, joints, and erection sequence. Two copies installation instructions shall be submitted prior to delivery of materials. The Contractor shall have at least one copy of such instructions on the job site whenever work is in progress. 1.3 The Contractor shall provide a manufacturer's warranty covering the materials of the finish system. The warranty shall run for a period of five years and shall warrant the system to the Owner. The exterior wall finish system for patchwork shall be Ultration with a Sandpebble finish by Dryvit Systems, or approved equal. The exterior wall finish system for full wall replacement shall be Outsulation X with a Sandpebble finsh by Dryvit Systems, or approved equal. 1.4 SUBMITTALS: A. Certificates of Compliance: Certificates of compliance shall be submitted attesting that the finish coating system meets the specified requirements. B. Instructions: Two copies of the manufacturer's standard printed instructions for installation of the system shall be submitted. C. Samples: Sample(s) indicating size, thickness, texture and color shall be submitted for approval. D. Training Certificates: Certificates from manufacturer indicating that the Contractor installing the exterior finish system has been properly trained and is approved by the manufacturer to install the product. 1.5 Materials shall be delivered to the job site in their original unopened packages, clearly marked with the manufacturer's name, brand name, and description of contents. Storage shall be in accordance with the manufacturer's recommendations in a clean, dry, well-ventilated area with no direct sunlight. Materials shall be protected from sunlight, and kept away from excessive heat, and wet materials kept at a temperature not less than 40° F. Insulation board shall not be exposed to flame or other ignition sources. 1.6 Ambient air temperature shall be 40°F or greater and rising at the time of installation of the coating system and shall remain at 40°F or greater for at least 24 hours after application. Temporary heat may be used. The maximum storage temperature shall not exceed 100°F. PART 2— PRODUCTS The following materials shall be supplied by the manufacturer of the system and shall be covered by the warranty. 6511739302:2/25/2013 07240-1 EXTERIOR INSULATION AND FINISH SYSTEM — SECTION 07240 2.1 INSULATION: Insulation shall be extruded polystyrene by Dow Chemical and shall conform to ASTM C-578, Type IV. Insulation for the Outsulation X system shall be XNERGY Rigid Insulation Board manufactured by Dow Chemical USA. Thickness shall be 2 inches. 2.2 FASTENERS: Fasteners used to attach the insulation to the concrete masonry shall be N°. 10 or N°. 12 masonry screws dichromate coating; a one piece fastener consisting of a 11/2-inch nylon washer with a corrosion resistant nail with a mushroom head and expandable nylon sheath; or pneumatically driven pin with appropriate washer. 2.3 REINFORCING MESH: Mesh used to reinforce the starter base coat shall be an open weave glass fiber mesh. Mesh used to cover insulation board shapes shall be treated, open weave glass fiber mesh. 2.4 FINISH: The base coat shall be compatible with the insulation board and reinforcing mesh as recommended by the manufacturer. The finish coat shall be water based, acrylic coating with integral color and texture and formulated with DPR chemistry. Color shall be as selected by the Engineer. 2.5 Control joints, corner beads, corner reinforcement and casing beads shall be zinc or galvanized metal and shall be obtained by a vendor approved by the manufacturer of the finish - coat. Portland cement shall be white or grey and shall conform to the requirement of concrete specifications. Sand shall be dry bagged silica passing the #45 sieve. Bulk sand may be used if it conforms to ASTM C897 and is clean and dry. Sealant shall be Dow Corning 790. All such materials shall be covered by warranty. 2.6 SYSTEM: The Contractor shall provide manufacturer certification that the finish system has been tested according to, and meets the minimum requirements of the following standards: 1. ASTM B 117 (Federal Test Standard 141 A Method 6061) Standard Practice for Operating Salt Spray (Fog) Apparatus 2. ASTM C 67 Standard Test Methods for Sampling and Testing Brick and Structural Clay Tile 3. ASTM C 150 Standard Specification for Portland Cement 4. ASTM C 203 Standard Test Methods for Breaking Load and Flexural Properties of Block-Type Thermal Insulation 5. ASTM C 272 Standard Test Method for Water Absorption of Core Materials for Structural Sandwich Constructions 6. ASTM C 273 Standard Test Method for Shear Properties of Sandwich Core Materials 7. ASTM C 297 Standard Test Method for Flatwise Tensile Strength of Sandwich Constructions 8. ASTM C 518 Standard Test Method for Steady-State Thermal Transmission Properties by Means of the Heat Flow Meter Apparatus 9. ASTM C 1177 Standard Specification for Glass Mat Gypsum Substrate for Use as Sheathing 10. ASTM D 968 (Federal Test Standard 141 A Method 6191) Standard Test Methods for Abrasion Resistance of Organic Coatings by Failing Abrasive 11. ASTM D 1621 Standard Test Method for Compressive Properties Of Rigid Cellular Plastics 12. ASTM D 1622 Standard Test Method for Apparent Density of Rigid Cellular Plastics 6511739302:2/25/2013 07240-2 EXTERIOR INSULATION AND FINISH SYSTEM — SECTION 07240 13. ASTM D 1623 Standard Test Method for Tensile and Tensile Adhesion Properties of Rigid Cellular Plastics 14. ASTM D 2247 (Federal Test Standard 141A Method 6201) Standard Practice for Testing Water Resistance of Coatings in 100% Relative Humidity 15. ASTM D 2863 Standard Test Method for Measuring the Minimum Oxygen Concentration to Support Candle-Like Combustion of Plastics (Oxygen Index) 16. ASTM D 3273 Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber 17. ASTM D 4060 Standard Test Method for Abrasion Resistance of Organic Coatings by the Taber Abraser 18. ASTM E 72 Standard Test Methods of Conducting Strength Tests of Panels for Building Construction 19, ASTM E 84 Standard Test Method for Surface Burning Characteristics of Building Materials - 20. ASTM E 96 Standard Test Methods for Water Vapor Transmission of Materials 21. ASTM E 283 Standard Test Method for Determining Rate of Air Leakage Through Exterior Windows, Curtain Walls and Doors Under Specified Pressure Differences Across the Specimen 22. ASTM E 330 Test Method for Structural Performance of Exterior Windows, Doors and Curtain Walls by Uniform Static Air Pressure Difference 23. ASTM E 331 Test Method for Water Penetration of Exterior Windows, Skylights, Doors and Curtain Walls by Uniform Static Air Pressure Difference 24. ASTM E 1233 Standard Test Method for Structural Performance of Exterior Windows, Doors, Skylights, and Curtain Walls by Cyclic Air Pressure Differential 25. ASTM E 2098 Test Method for Determining the Tensile Breaking Strength of Glass Fiber Reinforcing Mesh for use in Class PB Exterior Insulation and Finish Systems (EIFS), after Exposure to Sodium Hydroxide Solution 26. ASTM E 2134 Test Method for Evaluating the Tensile-Adhesion Performance of Exterior Insulation and Finish Systems (EIFS) 27. ASTM E 2178 Standard Test Method for Air Permeance of Building Materials 28. ASTM E 2273 Test Method for Determining the Drainage Efficiency of Exterior Insulation and Finish Systems (EIFS) Clad Wall Assemblies 29. ASTM E 2357 Standard Test Method for Determining Air Leakage of Air Barrier Assemblies 30. ASTM E 2485 (formerly EIMA Std. 101.01) Standard Test Method for Freeze-Thaw Resistance of Exterior Insulation and Finish Systems (EIFS) and Water-Resistive Barrier Coatings 31. ASTM E 2486 (formerly EIMA Std. 101.86) Standard Test Method for Impact Resistance of Class PB and PI Exterior Insulation and Finish Systems (EIFS) 32. ASTM E 2570 Standard Test Methods for Evaluating Water-Resistive Barrier (WRB) Coatings Used under Exterior Insulation and Finish Systems (EIFS) or EIFS with Drainage 33. ASTM G 154 Standard Practice for Operating Fluorescent Light Apparatus for UV Exposure of Nonmetallic Materials 34. ASTM G 155 (Federal Test Standard 141A Method 6151) Standard Practice for Operating-Xenon Arc Light Apparatus for Exposure of Nonmetallic Materials 35. DS151, Custom BrickTM Polymer System Specifications for Use On Vertical Walls 36. DS152, Dryvit Cleaning and Recoating 37. DS153, Dryvit Expansion Joints and Sealants 38. DS 159, Dryvit Water Vapor Transmission 6511739302:2/25/2013 07240-3 EXTERIOR INSULATION AND FINISH SYSTEM — SECTION 07240 39. DS494, Dryvit AquaFlasho System 40. DS705, ReflectitTM 41. DS706, Mojave ETm Finish 42. NFPA 268 Standard Test Method for Determining Ignitibility of Exterior Wall Assemblies - Using a Radiant Heat Energy Source. 43. NFPA 285 Standard Method of Test for the Evaluation of Flammability Characteristics of Exterior Non-Load-Bearing Wall Assemblies Containing Combustible Components Using the Intermediate-Scale, Multistory Test Apparatus 44. AATCC 127 Water Resistance: Hydrostatic Pressure Test 45. M.O.A.T 22 UEAtc Directives for Assessment of External Insulation systems for Walls (Expanded Polystyrene Insulation Faced with a Thin Rendering) PART 3— INSTALLATION 3.1 GENERAL: Installation shall conform to the manufacturer's printed recommendations except as otherwise specified. Inspection of all surfaces to be covered shall be conducted and approved by systems representative prior to installation. 3.2 INSULATION BOARD and Reinforcing Fabric shall be placed from a level base line. Vertical joints shall be staggered and insulation boards interlocked at corners. Joint of insulation shall be butted tightly. Surfaces of adjacent boards shall be flush at joints. Reinforcing glass fabric shall be overlapped 3 inches. Insulation and reinforcing fabric shall be mechanically anchored with manufacturer's standard anchors spaced not more than 12 inches vertically or not more than 16 inches horizontally on masonry or 24 inches on studs. Approximately 50 percent of the mechanical anchors are fastened through the insulation board only and the balance through reinforcing mesh and board together. Provide expansion joints so that no area exceeds 150 square feet. 3.3 THE BASE COAT shall be mixed in accordance with the manufacturer's instructions and applied to insulated wall surfaces, trowelling the materials into the reinforcing fabric in a tight coat and doubling back to 1/8-inch to 3/16-inch thickness. The base coat shall be applied to level out surface areas and to fill joints smooth with adjacent areas. 3.4 THE SYNTHETIC FINISH shall be trowelled onto base surface and floated to achieve desired texture. 3.5 TEMPERATURE AND CURING: Application of all coating materials shall be at 40°F or above. Each coat must cure at least 24 hours prior to application of next coat. 3.6 GUARANTEE: Manufacturer shall provide written warranty for a five-year period covering all components of the system. The warranty shall run to the Owner. - END OF SECTION - 65117393022/25/2013 07240-4 METAL ROOFING MATERIALS — SECTION 07610 PART 1 -- GENERAL 1.1 SCOPE: The work to be performed in accordance with this Specification consists of furnishing and installing roof panels, clips, closures, flashing, vents, sealants, and other items required for a complete metal roofing system. 1.2 REFERENCES: A. American Society for Testing and Materials (ASTM) B. Sheet Metal and Air Conditioning Contractors National Association (SMACNA) C. American Iron and Steel Institute (AISI) D. Aluminum Association (AA) 1.3 CONTRACTOR SUBMITTALS: Submit shop drawings approved by the manufacturer's technical engineering department. Drawings shall show all typical and special conditions including flashings, dimensions, anchoring methods, sealant locations, provisions for thermal movement and lines fixity. Submit technical data, load chart and installation instructions for the metal roofing system. Submit calculations showing structural capacity of components and ability to withstand specified design criteria. Submit certification that product has been tested and approved in accordance with design requirements. Submit documentation showing that the installer is authorized by the roofing manufacturer to install the roof product and that the installer has a minimum of (5) years experience and five (5) jobs of similar scope. Submit the following samples: • Three samples of each type of fastener to be used, • One sample of closed cell foam closure, • One sample of each standard manufactured accessory, • One sample of the roofing panel to be used showing the proposed profile, and • Color samples. 1.4 QUALITY ASSURANCE: The metal roofing manufacturer's technical engineering department shall review and approve shop drawings prior to manufacture of metal roofing. The roofing manufacturer shall adhere to all local Building Code regulations. 1.5 STORAGE AND HANDLING: Keep the panels dry. If they are covered with plastic, provide ventilation. Protect against damage and discoloration. Handle panels with non-marring slings. Do not bend panels. Store panels with one end elevated for drainage. Protect panels against standing water and condensation between adjacent surfaces. 6511739302:2/25/2013 07610-1 METAL ROOFING MATERIALS — SECTION 07610 PART 2.0 -- PRODUCTS: 2.1 METAL ROOFING: A. Preformed roof panels shall be made of steel, aluminum zinc alloy-coated ASTM A792, Grade 33, except higher strength grade if needed to comply with performance requirements; with AZ 50 hot dip aluminum coating. Followed by ASTM D2092, surface preparation for applied coatings, Method A except where panel manufacturer recommends another method to achieve greater coating durability. The panels shall be field mechanically seamed and have locked ribs. The ribs shall be 2-inches high and 18- inches wide. Provide panels in full, unbroken, continuous lengths. Panel end laps shall not be permitted. The material shall be similar or equal to Snap Seam Structural Batten System as manufactured by AEP-Span. B. Pipe Flashing shall be equal to Dektite pipe flashing for roof penetrations as manufactured by Buildex. C. The concealed clips shall provide for thermal expansion and contraction and shall be designed to meet the wind uplift requirements. The clips shall be made of stainless steel. D. Clip fasteners shall be stainless steel and sized to meet the performance requirements. E. All exposed fasteners shall be stainless steel with neoprene washers to match the roofing color. F. The end closures shall provide waterproof, laminated, semi-rigid, cross-linked, polyethylene closed cell foam or neoprene. The closures shall tightly fit the panel configuration. G. 2.2 FACTORY COLOR FINISH: The roof panels shall have a factory color finish on the - exposed side. The exterior finish shall consist of a Kynar 500 coating. The color shall be chosen by the Engineer and the Owner. The dry film thickness of the exterior coating shall be not less than 0.8 mil over a primer coat with a total dry film thickness of 1.0 mil, 0.5 mil standard washcoat reverse. Color to match existing panels and be approved by the Engineer. PART 3 — FABRICATION AND INSTALLATION 3.1 GENERAL: The preformed metal roofing shall be installed in accordance with the manufacturer's written specifications and requirements. The panels shall run continuous with no horizontal joints. They shall be attached to the structure by means of concealed anchorage system. No through penetrations of fasteners of roofing panels will be permitted except at the eave, and for approved flashing attachments. Roofing anchor clips shall be spaced to meet design load requirements and approved engineering calculations. 3.2 SECURE: Secure panels without warp or deflection. Insure proper engagement of anchor clips with each panel rib before positioning next panel. Install work watertight, plumb, 6511739302:2/25/2013 07610-2 METAL ROOFING MATERIALS — SECTION 07610 level and true with components securely attached and in accordance with manufacturer's recommendations. 3.3 FLASHING: Details in installation which are not indicated shall be in accordance with NRCA Construction Details, SMACNA Architectural Sheet Metal Manual, AA Specifications for Sheet Metal Work, panel manufacturer's printed instructions and details and the approved shop drawings. Installation shall allow for expansion and contraction of the flashing. Where connections are required between weirs, troughs, and walls, the bolted connections shall be sealed with neoprene sheet. Weirs shall be set exactly level. No leakage shall be permitted around plates, weirs, connections or through bolt holes. Coordinate with masonry work for flashing built into masonry. 3.4 TOUCH-UP AND CLEANING: Workmen who will be walking on roofing panels shall wear clean, soft soled shoes that will not pick up stones or other abrasive material which could damage panel surfaces. Touch-up damaged paint surfaces in accordance with manufacturers instructions. At completion of each day's work and at work completion, sweep panels and flashing clean. Do not allow fasteners, cuttings, fillings or scraps to accumulate on finish surfaces. - END OF SECTION - 6511739302:2/25/2013 07610-3 METAL DOOR FRAMES AND HARDWARE — SECTION 08100 PART 1 -- GENERAL 1.1 SCOPE: The work of this section includes providing and installing all doors and windows for the Chemical Building addition. These are: A. One 18'-0" x 15'-8" HM steel insulated overhead door with 12" set in 8" CMU wall. B. One 3'-0" x 7'0" insulated exterior steel door — set in CMU wall. Provide locking hardware, keyed to match existing neighboring locks. 1.2 CONTRACTOR SUBMITTALS: The Contractor shall be prepared and submit a schedule of all finished hardware required which schedule shall follow the requirements of the Specifications and shall indicate type, manufacturer's name and number, location and finish or each item required. Approval of the schedule will not relieve Contractor of responsibility for furnishing all necessary hardware. Submit certificates of compliance with manufacturer's literature. The manufacturer's installation instructions shall be submitted. 1.3 PRODUCT HANDLING: A. Each door and frame should be delivered individually crated for protection from damage in cardboard containers, clearly marked with project information, door location, specific reference number as shown on drawings, and shipping information. Each crate should contain all fasteners necessary for installation as well as complete installation instructions. B. Doors should be stored in the original container out of inclement weather for protection against the elements. PART 2 -- PRODUCTS — DOORS 2.1 ROLL UP OR OVERHEAD DOOR: The ROLLING SERVICE DOOR shall be similar or equal to Stormtite Insulated Doors Series 625 as manufactured by Overhead Door Corporation. Curtain — Slats will be type F-2651 with 24 gauge steel front cover. Endlocks will be used as required to meet design wind load, minimum 20 psf. Insulated slats shall have a minimum of 7.7 R-value. Bottom bar will be an extruded aluminum member or two steel angles with weather strip. It shall be installed with between jam mounting, cylinder locks, and chain hoist operation. Owner shall pick the final colors of slats, caulk, etc. prior to purchasing. 2.2 MAN DOOR: A. Available Manufacturers: Subject to compliance with requirements, manufacturers offering products that may be incorporated into the Work include, but are not limited to, the following: 1. Steel Doors: a. Amerweld Building Products, Inc. b. Benchmark Commercial Doors; a division of General Products Co., Inc. C. Ceco Door Products; a United Dominion Company d. Copco Door Co. 6511739302:2/25/2013 08100-1 METAL DOOR FRAMES AND HARDWARE — SECTION 08100 e. Curries Company f. Deansteel Manufacturing, Inc. g. Kewanee Corporation (The) h. Mesker Door, Inc. i. Pioneer Industries, Inc. j. Republic Builders Products k. Steelcraft; a division of Ingersoll-Rand I. North Central Supply B. General: Provide doors of sizes, thicknesses, and design indicated. C. Exterior Doors: Provide doors complying with requirements indicated below. Reference ANSI A250.8 for level and model and ANSI A250.4 for physical-endurance level: 1. Level 3 and Physical Performance Level A (Extra Heavy Duty), Model 1, (Full Flush). 2.3 MATERIALS: Electolytic Zinc-Coated Steel Sheet: ASTM A 591/A 591 M, Commercial Steel (CS), Class B coating; mill phophatized; suitable for unexposed applications; stretcher- leveled standard of flatness where used for face sheets. 2.4 FRAMES (MAN DOOR): A. General: Provide steel frames for doors, transoms, sidelights, borrowed lights, and other openings that comply with ANSI A250.8 and with details indicated for type and profile. Conceal fastenings, unless otherwise indicated. B. Frames of 0.067-inch (1.7-mm-) thick steel sheet for: 1. Level 3 steel doors C. Door Silencers: Except on whether-stripped frames, fabricate stops to receive three silencers on strike jambs of single-door frames and two silencers on heads of double- door frames. D. Plaster Guards: Provide 0.016-inch- (0.4-mm-) thick, steel sheet plaster guards or mortar boxes to close off interior of openings; place at back of hardware cutouts where mortar or other materials might obstruct hardware operation. E. Supports and Anchors: Fabricated from not less than 0.042-inch- (1.0-mm-) thick, electrolytic zinc-coated steel sheet. F. Inserts, Bolts, and Fasteners: Manufacturer's standard units. Where zinc-coated items are to be built into exterior walls, comply with ASTM A 153/A 153M, Class C or D as applicable. 2.5 FABRICATION: A. General: Fabricate steel door and frame units to comply with ANSI A250.8 and to be rigid, neat in appearance, and free from defects including warp and buckle. Where 6511739302:2/25/2013 08100-2 METAL DOOR FRAMES AND HARDWARE — SECTION 08100 practical, fit and assemble units in manufacturer's plant. Clearly identify work that cannot be permanently factory assembled before shipment, to assure proper assembly at Project site. B. Exterior Door Construction: For exterior locations and elsewhere as indicated, fabricate doors, panels, and frames from metallic-coated steel sheet and frames from 316 stainless steel. Close top and bottom edges of doors flush as an integral part of door construction or by addition of 0.053-inch- (1.3-mm-) thick, metallic-coated steel channels with channel webs placed even with top and bottom edges. C. Core Construction: One of the following manufacturer's standard core materials that produce a door complying with SDI standards: 1. Polystyrene. D. Clearances for Non-Fire-Rated Doors: Not more than 1/8 inch (3.2 mm) at jambs and heads, except not more than 1/a inch (6.4 mm) between pairs of doors. Not more than 3/4 inch (19 mm) at bottom. E. Clearances for Fire-Rated Doors: As required by NFPA 80. F. Single-Acting, Door-Edge) Profile: Square edge. G. Tolerances: Comply with SDI 117, "Manufacturing Tolerances for Standard Steel Doors and Frames." H. Fabricate concealed stiffeners, reinforcement, edge channels, louvers, and moldings from either cold- or hot-rolled steel sheet. I. Exposed Fasteners: Unless otherwise indicated, provide countersunk flat or oval heads for exposed screws and bolts. J. Thermal-Rated (Insulating) Assemblies: At exterior locations and elsewhere as shown or scheduled, provide doors fabricated as thermal-insulating door and frame assemblies and tested according to ASTM C 236 or ASTM C 976 on fully operable door assemblies. 1. Unless otherwise indicated, provide thermal-rated assemblies with U-valve of 0.41 Btu/sq. ft. x h x deg F or better. K. Hardware Preparation: Prepare doors and frames to receive mortised and concealed hardware according to final door hardware schedule and templates provided by hardware supplier. Comply with applicable requirements in ANSI A250.6 and ANSI A115 Series specifications for door and frame preparation for hardware. L. Frame Construction: Fabricate frames to shape shown. 1. Fabricate frames with mitered or coped and continuously welded corners and seamless face joints. 2. Provide welded frames with temporary spreader bars. 6511739302:2/25/2013 08100-3 METAL DOOR FRAMES AND HARDWARE — SECTION 08100 M. Reinforce doors and frames to receive surface-applied hardware. Drilling and tapping for surface-applied hardware may be done at Project site. Repair any marks to the shop applied primer. N. Locate hardware as indicated on Shop Drawings or, if not indicated, according to ANSI A250.8. O. Glazing Stops: Manufacturer's standard, formed from 0.032-inch- (0.8-mm-) thick steel sheet. 1. Provide non-removable stops on outside of exterior doors and on secure side of interior doors for glass. 2. Provide screw-applied, removable, glazing stops on inside of glass in doors. P. Astragals: As required by NFPA 80 to provide fire ratings indicated. 2.6 FINISHES: A. Prime Finish: Manufacturer's standard, factory-applied coat of rust-inhibiting primer complying with ANSI A250.10 for acceptance criteria. 2.7 HARDWARE: All related hardware as specified must be furnished and installed by the door and frame manufacturer. The Contractor shall coordinate the fabrication of the doors and frames to ensure that appropriate provisions are made for the installation of all required hardware. Each door shall have the following hardware or its approved equivalent: Hinges 3 pair 304 Stainless Steel Chem-Pruf Five Knuckle Full Mortise Heavy Weight Threshold 1 each 896 V Accessible Panic Threshold Sweeps 1 each FRP Door Sweep with Neoprene Weather Stripping 1 set Stop applied w/bulb seal weatherstrip Closer 1 each Series 7500 SS AL Corrosion Resistant Exit devices shall be of the cross bar type 8913 ETJ US 32D Mortise Lock Exit Devices. The latch bolt shall be retracted by a key and is to return to the locked position when the key is removed. The locks shall be keyed to match each other and the Filter Building door locks, and the Owner shall be given 6 copies of the keys upon project completion. 2.8 WINDOWS: Windows shall be constructed as detailed on the drawings. Color to be selected by the Engineer. Glazing to be double strength two layer insulated glass. Box depth to accommodate masonry wall for the widths shown on the Drawings. 2.9 RIDGE SKYLIGHT: The ridge skylight shall be nominal 6'0"W X 100'-0"L, capable of supporting a 30 lbs/ft snow load and have vertical ends. Principle framing members shall be made from 6063-T5, 6063-T6 or 6061-T6 extruded aluminum, and have a dark bronze anodized coating. Gaskets shall be continuous and shall be an extruded EPDM, silicone compatible 6511739302:2/25/2013 08100-4 METAL DOOR FRAMES AND HARDWARE — SECTION 08100 rubber, with shore A hardness: 70 (+/-5), tensile strength: 950 psi, and color: black. All fasteners shall be ASTM A 193 B8 300 series stainless screws. The. pitch shall be a minimum of 150 and the glass shall be 1 1/8" insulated glass consisting of a 1/4" clear, heat-strengthened lite, a 1/2" dual sealed airspace, and a 3/8" clear, heat-strengthened, laminated lite with a 0.030" pvb interlayer. The skylight shall have properly located condensation gutters and weep holes provided for drainage of condensation to the exterior. Shop drawings and structural calculations shall be sealed by a professional engineer. The Contractor shall coordinate for skylights with the concrete roof and membrane roofing manufacturers. The ridge skylight shall be as manufactured by Architectural Glazing Technologies of Waterboro, Maine, or approved equal. PART 3— EXECUTION 3.1 INSTALLATION: A. General: Install steel doors, stainless steel frames, and accessories according to Shop Drawings, manufacturer's date, and as specified. B. Placing Frames: Comply with provisions in SDI 105, unless otherwise indicated. Set frames accurately in position, plumbed, aligned, and braced securely until permanent anchors are set. After wall construction is completed, remove temporary braces and spreaders, leaving surfaces smooth and undamaged. 1. Except for frames located in existing walls or partitions, place frames before construction of enclosing walls and ceilings. 2. In masonry construction, provide at least three wall anchors per jamb; install adjacent to hinge location on hinge jamb and at corresponding heights on strike jamb. Acceptable anchors include masonry wire anchors and masonry T-shaped anchors. 3. In metal-stud partitions, provide at least three wall anchors per jamb; install adjacent to hinge location on hinge jamb and at corresponding heights on strike jamb. Attach wall anchors to studs with screws. 4. Install fire-rated frames according to NFPA 80. C. Door Installation: Comply with ANSI A250.8. Fit hollow-metal doors accurately in frames, within clearances specified in ANSI A250.8. Shim as necessary to comply with SDI 122 and ANSI/DHI A115.1 G. D. Window Installation: Anchor securely to masonry wall in accordance with manufacturer's details. Shim as required to attain vertical and horizontal edges. All window tops to be at same elevations. 3.2 ADJUSTING AND CLEANING: A. Prime-Coat Touchup: Immediately after installation, sand smooth any rusted or damaged areas of prime coat and apply touch up of compatible air-drying primer. 6511739302:2/25/2013 08100-5 METAL DOOR FRAMES AND HARDWARE — SECTION 08100 B. Protection Removal: Immediately before final inspection, remove protective wrappings from doors and frames. - END OF SECTION - 6511739302:2/25/2013 08100-6 GENERAL EQUIPMENT— SECTION 11050 PART 1 -- GENERAL 1.1 SCOPE: These General Equipment Provisions, which apply to all systems and equipment, are hereby made a part of each and all of the separate Sections of this Specification. Contractor shall direct the attention of all Subcontractors and suppliers of mechanical and related appurtenances for the work to the provisions of the Contract Documents and this Specification. 1.2 MANUFACTURER'S EXPERIENCE: Unless specifically named in the detailed specifications, a manufacturer shall have furnished equipment of the type and size specified which has demonstrated successful operation and is in regular use. Each manufacturer shall be represented by a local (Colorado) firm. 1.2 STANDARD OF QUALITY: Items of equipment are specified by the name of a manufacturer for the purpose of establishing a standard of quality and acceptable experience. Substitute equipment will be acceptable if it can be demonstrated to the Engineer that the substitute is in strict accordance with the Specifications and equal in quality, type, function, efficiency, and standard of design to those models specifically named. Manufacturers specified have been determined by the Engineer to be capable of meeting or exceeding the minimum acceptable standard for the designated equipment style and model. Only one brand, kind, or make of material or equipment shall be used for each specific purpose throughout the work notwithstanding that similar material or equipment of two or more manufacturers may be specified for the same purpose. All materials and equipment incorporated in the work shall be new unless otherwise specified. Material and equipment not covered by detailed requirements in the Contract Documents shall be of the best commercial quality, suitable for the purpose intended, and approved by the Engineer prior to use in the Work. Where materials or equipment are referred to in the singular number, it is intended unless otherwise limited that such references shall be applied to as much material or equipment as is required to complete the Work. PART 2 -- PRODUCTS - NOT USED PART 3 -- EXECUTION 3.1 ADAPTATION OF EQUIPMENT: Equipment which requires alteration of other equipment or structures will be considered only if the Contractor assumes all responsibility for making and coordinated all necessary alternations. Engineer approval of all revisions to structures, mechanical, electrical, or other work made necessary by such substitution shall be obtained and the cost of said revisions, including cost of redesign, shall be made at the Contractor's expense. A. Horsepower Ratings specified or shown for the proposed equipment are in accordance with the best information available to the Engineer. In the event any equipment item proposed by the Contractor should require motors with larger horsepower rating than indicated on Electrical Drawings, it shall be Contractor's responsibility to provide the proper control equipment, required modifications to motor control centers, starting equipment, feeder and branch circuits, and accessories as required to make the installation comply with the electrical code and to prevent excessive voltage drop without added cost to the Owner. 6511739302:2/25/2013 11050-1 GENERAL EQUIPMENT— SECTION 11050 B. The Contractor shall ensure that the materials and equipment to be furnished fit the space available, and shall make the necessary field measurements to ascertain the space requirements including those for connections. Where equipment to be furnished is installed in an existing enclosure or adjacent to existing equipment, the Contractor -- shall field check the dimensions of existing equipment, location of conduits, etc., and shall familiarized himself with all existing conditions and difficulties to be encountered in performing such work. C. All equipment must have a specified capacity, efficiencies, and operating characteristics at 6,500 feet above Sea Level Datum. Minimum service factor shall be 1.15. 3.2 GUARANTEE AND WARRANTIES: The Contractor shall guarantee all equipment for a period of one year from the date of final acceptance of the Work. In addition to the general guarantee requirements, equipment guarantee shall cover (1) faulty or inadequate design; (2) improper assembly or fabrication; (3) defective workmanship or materials, and (4) leakage, breakage or other failure. It shall be the manufacturer's responsibility to ascertain the conditions and service under which the equipment will operate and to warrant that operation under those conditions shall be successful. For equipment bearing a manufacturer's warranty in excess of one year, furnish a copy of the warranty to Owner with Owner named as beneficiary. Any defects or failure within the guarantee period shall immediately be repaired or replaced by the Contractor at his own expense. 3.3 SUBMITTALS: Contractor shall examine the details and data on each submittal to assure that it complies with the requirements of the specifications. Submittals received by the Engineer without Contractor review acknowledgement will be rejected and returned immediately. Any approval by the Engineer of submitted data shall in no way relieve the Contractor of the responsibility of supplying equipment properly designed and manufactured to produce the quality, efficiency, and capability specified or implied. A. Storage and Installation Instructions. Submit manufacturer's storage installation instructions to the Engineer for approval prior to delivery of the equipment. The Contractor shall be responsible for following the manufacturer's installation and storage instructions, as approved by the Engineer, including the rotation of idle pumps and motors and all other items, until acceptance by the Owner. No equipment shall be delivered unless such instructions have been approved by the Engineer. B. Shop Drawings. Unless otherwise specified or directed, submit shop drawings for all mechanical equipment specified. Shop drawings shall be submitted to the Engineer in complete sets indexed by Specification paragraph and Drawing number describing the various equipment items or systems. An anchor bolt template shall be shown on the shop drawings and shall be furnished unless waived in writing by the Engineer. C. Operation and Maintenance Manuals. Prepare and submit required manuals covering all mechanical equipment and machinery. D. Manufacturer's Certified Reports. Each major equipment manufacturer, or his authorized representative, shall submit a written report with respect to his equipment certifying that: (1) the equipment has been properly installed and lubricated under his supervision, (2) the equipment is in accurate alignment, (3) he was present when the equipment was placed in operation, (4) the equipment has been operated and inspected 6511739302:2/25/2013 11050-2 GENERAL EQUIPMENT— SECTION 11050 under full load conditions and operated satisfactorily, (5) he is fully covered under the terms of the guarantee. 3.4 PRODUCT DELIVERY, STORAGE, AND HANDLING: Box, crate, or otherwise enclose and protect equipment during shipment, handling, storage, and following installation so as to ensure the preservation of the required quality and fitness of all materials and equipment until final acceptance of the project. Keep equipment dry and covered from exposure to weather. Store pumps, motors, electrical equipment, controls, insulation, and equipment having anti- friction or sleeve bearings in weather-tight storage facilities. Lift large equipment items only at the points designated by the manufacturer. Protect factory painted surfaces against impact, abrasion, discoloration, and other damage. Repair damage as directed and approved. 3.5 JOB CONDITIONS: Drawings are diagrammatic and show the intended arrangement of principal apparatus, piping, and appurtenances. Conform to Drawings as closely as possible and exercise care to secure approved headroom and space conditions, neat arrangement of piping, valves, hangers, and like items, and to overcome structural interferences. Submit written details and reasons for proposed deviations from Drawings and Specifications, and do not deviate therefrom unless authorized by the Engineer. If approved changes require alteration of structures or related work, make such alterations as approved in advance by the Engineer at no additional cost to the Owner. 3.6 MATERIALS AND WORKMANSHIP: All parts of the equipment shall be amply proportioned for all stresses that may occur during fabrication, erection, and intermittent or continuous operation. All equipment shall be designed, fabricated, and assembled in accordance with the best modern engineering and shop practice. Individual parts shall be manufactured to standard sizes and gages so that repair parts, furnished at any time, can be installed in the field. Like parts of duplicate units shall be interchangeable. Equipment shall not have been in service at any time prior to delivery, except as required by tests. Materials shall be suitable for service conditions. 3.7 LUBRICATION: Provide and install lubricants of types recommended by equipment manufacturers to properly place equipment into operation. The Contractor shall furnish all equipment with the same type of pressure grease-gun fittings, provide a separate, lever operated grease gun for each type of grease required. Lubrication of equipment shall ensure constant presence of lubricant on all wearing surfaces. Lubricant fill and drain openings shall be readily accessible. 3.8 ANCHORS AND SLEEVES: Provide anchor bolts of length to allow for 11/2 inches of grout under baseplates and adequate anchorage into structural concrete. Other specifically detailed lengths either shown or specified will supersede this requirement. Provide sleeves of at least 1'/2 times anchor bolt diameter and of the same material as the anchor bolts. Anchor bolts shall be stainless steel type 304 which conforms to ASTM A-167 and ASTM A-267. 3.9 SAFETY GUARDS: Belts, chain drives, projecting set screws, keys, fan blades, couplings, exposed shafts and other moving or rotating parts located so that a person could come in contact therewith shall be enclosed or properly guarded on all sides with safety guards conforming to all Federal, State, and local codes and regulations pertaining; conform to the most restrictive requirements. Use corrosion-resistant materials at least equivalent to hot-dip galvanized steel, 16 LISS gage or heavier, or 1/2-inch mesh galvanized expanded metal. Design guards for easy installation and removal. Provide necessary supports, accessories, and 6511739302:2/25/2013 11050-3 GENERAL EQUIPMENT— SECTION 11050 fasteners, of hot-dip galvanized steel or stainless steel. Design guards in outdoor locations to prevent entrance of rain and dripping water. 3.10 DRIVE UNITS: Provide drive units designed with an AGMA rating and service factor suitable for continuous duty service under operating load, constructed to preclude oil leakage around shafts. Thermal rating of each unti shall exceed the design load or proper cooling devices shall be provided. All drives shall be designed especially for the service for which they are to operate. 3.11 NAMEPLATES AND DATA PLATES: Provide nameplates of ample size with embossed lettering, fastened to the equipment in a prominent place with corrosion-resisting pins. On nameplates, display manufacturer, serial number, date of manufacture, model number and essential operating characteristics. 3.12 PAINTING: Conform applicable requirements of Specification 9900 and following requirements unless modified or superseded under other Sections. PART 4 -- COORDINATION The Drawings show in a diagrammatic form the arrangements desired for the principle - apparatus, piping, and similar appurtenances, and shall be followed as closely as possible. Proper judgment must be exercised in carrying out the work to secure the best possible headroom and space conditions throughout, to secure neat arrangement of piping, valves, fixtures, hangers, and similar appurtenances, and to overcome local difficulties and interferences of structural conditions wherever encountered. The Contractor shall take all measurements for his work at the installation sites, verify all subcontractor drawings and be responsible for the proper installation, within the available space of the apparatus specified and shown on the Drawings and must secure the approval of the Engineer for any variations before making the changes. Inspect each item of equipment for damage, defects, completeness, and correct operation before installing. Inspect previously installed related work and verify that it is ready for installation of equipment. PART 5 — INSTALLATION 5.1 EQUIPMENT: Manufacturer's details and instructions shall be followed in the installation. Employ skilled craftsmen experienced in installation of the types of equipment specified. Use specialized tools and equipment, such as precision machinist levels, dial indicators, gages, and micrometers, as applicable to produce installations free of vibration, in proper alignment, and free of defects. 5.2 ANCHOR BOLTS: Deliver bolts with templates or setting drawings and verify that bolts are correctly located before structural concrete is placed. Use double nut with cut washers for level and plumb. 5.3 BASE AND BEDPLATE GROUTING: Do not place grout until initial fitting and alignment of connected piping is completed. Level and align equipment of the concrete foundations, then entirely fill the space under base or bedplates with non-shrink grout. Bevel exposed grout at 45deg angle, except round exposed grout at horizontal surfaces for drainage. 6511739302:2/25/2013 11050-4 GENERAL EQUIPMENT— SECTION 11050 Trowel or point exposed grout to a smooth dense finish and damp cure with burlap for three days. When grout is fully hardened tighten nuts on anchor bolts. Check the installation for alignment and level, and perform approved corrective work as required to conform to the tolerances given in the applicable manufacturer's instructions. PART 6 — FIELD QUALITY CONTROL 6.1 GENERAL: All costs for performing operations demonstrations and system tests shall be included in the Contract Price, and no extra payment will be made to the Contractor costs required to perform and complete the demonstrations and validation tests. Requirements specified herein are in addition to the demonstration and test requirements specified under other Sections of these Specifications. All testing shall be performed by the Contractor in accordance with the submitted and approved procedure plans to demonstrate to the Engineer's satisfaction that all components are fully completed and operable; and that all systems operate with the efficiency, repeatability, and accuracy indicated and specified. Test schedules shall be established to allow continuous inspection by the Engineer. 6.2 OPERATIONAL DEMONSTRATIONS: The Contractor shall demonstrate that the performance of installed equipment complies with all requirements indicated and specified. The Contractor and each respective equipment manufacturer's representative shall operate each equipment item through entire no-load to full-load range in accordance with the approved procedure for not less than 24 consecutive hours. Operate variable speed equipment to cycle through the applicable speed range at a steady rate of change. Induce simulated alarm and distressed operating conditions to test controls and protective devices for correct operation in adjusting system functions or causing system shutdown. 6.3 MOTORS: Except where modified by a specific technical specification, all motors shall meet the following standards: Electrical motors furnished under this contract shall be designed to meet load and operating conditions under which they will be used. Fractional horsepower motors shall have a service factor of 1.25; motors of 1-horsepower, or more, shall have a service factor of 1.15. Motor nameplate volts shall be in accordance with voltages specified on Drawings and stated in the Specifications and shall be designed to operate successfully at a rated load with a voltage variation of 10 percent plus or minus. Motors shall be designed to operate successfully carrying rated loads when supplied a rated voltage at a frequency of 60 cycles plus or minus 5%. Motors shall be designed for continuous duty as defined by NEMA-MG-1 unless otherwise specified. Motors shall operate satisfactorily at the specified altitude, at an ambient temperature of 40°C. Motors furnished under this Contract shall be of such rating that temperatures specified by NEMA MG 1-12.42 will not be exceeded. Motors shall be of the premium efficient type; Reliance XE or approved equal. The motor manufacturer shall furnish, for installation by the Contractor, power factor correction capacitors for all motors 20 HP and larger with a rated nameplate power factor of less than 95%. All motors requiring correction shall be corrected to at least 95% under nameplate conditions. Power factor correction equipment shall be housed in an enclosure suitable for the proposed location, and units shall be sized for switching with the motor. - END OF SECTION - 6511739302:2/25/2013 11050-5 LIME FEED SYSTEMS — SECTION 11060 PART 1 -- GENERAL 1.1 SCOPE OF WORK: This section covers furnishing and installing all chemical storage, generation, handling and dosing equipment required. The following systems are required for this project: Dry Lime Feeder 1.2 SUBMITTALS: The Contractor shall submit the following for each system and individual components. Manufacturer Model Number Capacity NSF Certification Electrical Requirements Dimension Drawing Materials of Construction PART 2 — PRODUCTS 2.1 DRY LIME FEED SYSTEM: The system shall consist of: Bulk Bag Unloader Volumetric Feed The system shall be supplied by a single manufacturer. The feeder shall be Techweigh CR-5, or approved equal. 2.2 DESIGN CRITERIA: Product: Hydrated Lime - Density: 55 PCF Rate: 200 Ibs per day= .15 cubic feet per hour minimum < 2,000 Ibs per day max Moisture: Assumed Nil Temperature: Assumed Ambient Bulk Bag Capacity: 2,000 Ibs Electrical: NEMA 12 Equipment Construction: Industrial 2.3 EQUIPMENT SPECIFICATION: A. Fork Lift Bag Frame: - Maximum Capacity of 3,000 Ibs - Polyester oven baked powder coat finish on all mild steel surfaces - One (1) Aluminum bag lift adapter for forklifts - Adjustable height to 176" 6511739302:2/25/2013 11060-1 LIME FEED SYSTEMS — SECTION 11060 B. Agitator Assembly: - Mild steel adjustable members are hot dipped galvanized - Explosion proof, 1/2 HP 90 VDC gear motor to drive the agitator - The amplitude of the bag agitation controlled via a speed control digital potentiometer located in the main control enclosure. C. Tecweigh Flex Wall Valumetric Feeder TechweighTM Volumetric Feeder, Model CR-5, dual drive with the following features: - Polyurethane Industrial Grade feed hopper with .5 ft' capacity - 304 Stainless steel massaging paddles - 304 Stainless steel cabinet - Galvanized steel inner chassis - 304 SS auger 0.50" diameter for rates from (50 Ibs —300 Ibs/day) - 90 VDC gear motor, permanent magnet, .25 HP for auger - 90 VDC gear motor, permanent magnet, .125 HP for paddle drive - Lexan gear train panel, allows safe visual inspection of drive components while feeder is in operation. Gear train panel need not be removed for inspection. - Cartridge drive bearing assembly, allows for drive bearings and seals to be changed - quickly. - "Quick Disconnect" design helix and tube (no tools required) - Automatic chain drive tensioner TecweighTM Volumetric Feeder control with the following features: - NEMA 12 control enclosure (carbon steel painted) - (2) SCR boatds - (2) Digital potentiometers - Remote on/off capabilities - Wired to terminal strip to accept 120VAC input power - 4-20 mA signal for local/remote control of feeder - END OF SECTION - 6511739302:2/25/2013 11060-2 HEATING AND VENTILATION — SECTION 15700 PART 1 -- GENERAL 1.1 SCOPE: The work to be performed in accordance with this specification consists of furnishing all materials, equipment, supplies, and accessories required, and of performing all operations needed in connection with furnishing and installing a complete and operable heating and ventilating system. The contractor shall secure and pay for all permits, fees, taxes, royalties, licenses, and inspections in connection with the heating and ventilating system. Upon completion of the work, he shall furnish to the Engineer a certificate of inspection and final approval by the local inspection authority. 1.2 REFERENCES: A. National Board of Fire Underwriters B. All local and state codes and ordinances 1.3 CONTRACTOR SUBMITTALS: In accordance with Section 01300. Submit certificates of compliance with manufacturer's literature. 1.4 GENERAL DESCRIPTION: - A. The Contractor shall provide without extra charge, all incidental items required, as a part of his work, even though not particularly specified or indicated. The installation shall be so made that its several component parts will function together as a workable system, and shall be left in a properly adjusted and working order. The Contractor shall show on a set of plans in red ink all changes from the original plans made during installation of work and file with Engineer when work is complete. PART 2 -- PRODUCTS 2.1 UNIT HEATERS: A. Pretreatment Room: The unit heater within the Pretreatment Room must be rated for Class I Division II use. An equal or similar to, 3KW, 240V, 1 Phase DAYTON Model 2YU58, shall be installed in the location noted on the drawings. Provide with an integral 30 to 100°F thermostat and wall mounting brackets. PART 3 -- EXECUTION 3.1 INSTALLATION OF THE WORK: The Contractor will be held solely responsible for the proper size and location of all anchors, chases, recesses, openings, etc., required for the proper installation of his work. He shall arrange for the building of anchors, etc., and for the leaving of the required chases, recesses, openings, etc. and shall do all cutting and patching made necessary by his failure or neglect to make such arrangements with others. Any cutting or patching done by the Contractor shall be subject to the directions of the Engineer and shall not be started until approval has been obtained. Workmanship shall be the best. The good 6511739302:2/25/2013 15700-1 HEATING AND VENTILATION — SECTION 15700 appearance of the finished work shall be of equal importance with it mechanical efficiency. All work shall be done in accordance with good commercial practices. All mechanical equipment provided under this Contract shall operate without any sound or vibration which is objectionable in the opinion of the Engineer. Objectionable sound or vibration conditions shall be corrected in an approved manner by the Contractor at his expense. Vibration control shall be by means of approved vibration eliminators in a manner as recommended by the manufacturer of the eliminators. Furnish and install 1/4-inch letter height, engraved, phenolic identification tags for each wall mounted switch or thermostat and equipment. The legend for each tag shall be as approved by the Engineer. Tags shall be fastened to equipment and devices with metal screws. 3.2 POST INSTALLATION INSTRUCTIONS: Upon completion of the work, the Contractor shall instruct the Owner's personnel in the proper operation of the heating and ventilating equipment. The Contractor shall monitor and tabulate the amperage, voltage, and air flow for each fan and heater. Registers having opposed blade dampers shall be adjusted to distribute air evenly throughout and area. Balancing shall be accomplished under the presence of the Engineer by a firm experienced in testing, adjusting and balancing the mechanical equipment. Tabulated data including, at a minimum, motor amperage, input voltage, nameplate data, operating speed, and heater capacity shall be provided to the Engineer for his approval. The Contractor shall perform a complete operational test to confirm that the heating and ventilation systems operate according to this specification. - END OF SECTION - 6511739302:2/25/2013 15700-2 GENERAL PROVISIONS — SECTION 16010 PART 1 - GENERAL 1.1 CONDITIONS A. All work under this Section shall be governed by project general conditions, along with all supplements and amendments thereto, as provided by Civil Engineer. 1.2 SCOPE OF WORK A. The work to be performed in accordance with this Specification consists of furnishing all materials, equipment, supplies and accessories and of performing all operations needed in connection with all electrical work required by the Drawings and Specifications for all power, and control systems. The work shall also include the performance and installation of such necessary work, and the providing of such necessary material and devices of a minor nature that are neither indicated on the Drawings nor specifically mentioned in the Specification, but which are necessary for the compliance with codes, and for the successful operation of the entire electrical system indicated on the Drawings, and/or described in the Specifications. The Contractor will be allowed no extra compensation because of this requirement. 1.3 GENERAL ELECTRICAL REQUIREMENTS A. Materials: All electrical equipment and materials shall comply with the latest standards of National Electrical Manufacturer's Association (NEMA), Underwriter's Laboratories (U.L.), Institute of Electrical Electronic Engineers (IEEE), Insulated Power Cable Engineers' Association (IPCEA), American National Standards Institute (ANSI), and American Society of Testing for Materials (ASTM), and National Bureau of Standards (NBS). B. All equipment, materials, and installation methods and procedures shall comply with all applicable state and local code requirements and ordinances, and the latest applicable requirements of OSHA and the National Electrical Code of the NFPA, as interpreted by the local inspection authority, and as approved by the Engineer. All equipment and materials shall also comply with all requirements of the utility and telephone companies. C. All minor items of electrical apparatus which are furnished with the various items of equipment, but which are neither detailed on the Drawings nor set forth in the Specifications, shall be considered a part of the electrical work. D. All electrical materials shall be new and shall not be installed if in a damaged condition. 1.4 CODES AND REGULATIONS A. Comply with all applicable state and local codes, regulations and ordinances, and the latest applicable requirements of the National Electrical Code (NEC) of the NFPA, as interpreted by the local inspection authority that shall have final jurisdiction. Client Project No.:Aug-15 16010- 1 Fraser Sanitation-Pretreat Dry Feeder Addition RJM Project No.12072 GENERAL PROVISIONS —SECTION 16010 B. Comply also with all OSHA requirements and directives. 1.5 EXAMINATION OF PREMISES A. Examine the premises prior to bidding and become fully familiar with existing conditions. 1.6 PERMITS A. Secure and pay for all permits, fees, taxes, licenses and inspections in connection with the electrical work. 1.7 DRAWINGS AND SPECIFICATIONS A. Drawings are diagrammatic and indicate general arrangement of electrical work. Locations are approximate and shall be subject to minor modifications as directed by Civil Engineer and/or Engineer. B. Contractor shall be responsible for exact fitting of all materials, equipment, etc., in building. All dimensions shall be verified on the job. C. Refer to Civil Engineer Drawings, Specifications and directives, as part of this set, and be responsible for all information contained therein as it affects the electrical work. D. Instructions such as "provide . . ." shall mean "Contractor shall be responsible for the furnishing and installing of new . . . . complete in every respect." 1.8 REMODEL WORK A. "In as much as the remodeling and/or rehabilitation of an existing building requires that certain assumptions be made regarding existing conditions, and because some of these assumptions may not be verifiable without expending addition sums of money, or destroying otherwise adequate or serviceable portions of the building. Electrical Contractor and Owner will hold harmless, indemnify and defend Design Professional from and against any and all claims arising out of the professional services provided under this agreement". B. Electrical Contractor shall attend site walk through scheduled prior to bid. Bid shall not be accepted if Electrical Contractor does not attend pre-bid walk through. C. Electrical Contractor shall remove all wiring devices, light fixtures, etc., which are indicated to be removed. In general, symbols which are dotted indicate existing devices which are to remain. Symbols which are dotted and crosshatched are existing and which are to be removed. Devices which are to be removed may require reworking conduit and wiring in order to maintain service to other devices. If removed devices are on walls or ceilings which are to remain, blank coverplates are to be installed on outlet boxes. Client Project No.:Aug-15 16010-2 Fraser Sanitation-Pretreat Dry Feeder Addition RJM Project No.12072 GENERAL PROVISIONS —SECTION 16010 D. Where remodeling interferes with circuits in areas which are otherwise undisturbed, circuits shall be reworked as required. E. Existing devices and circuiting which are shown are indicated only for informational purposes. Electrical Contractor shall visit the site and shall verify conditions as they exist and shall remove, relocate and/or rework any electrical equipment or circuits affected (whether indicated or not) due to removal or reworking of existing walls, ceilings, etc. Electrical Contractor shall familiarize himself with all work to be done by other trades by studying Civil, Structural, Mechanical and Plumbing Drawings. F. Coordinate routing of all conduits with Mechanical and Plumbing Contractors in order to avoid conflicts with ducts, pipes, etc. G. Lighting fixtures removed and reused shall be cleaned and reconditioned by Contractor prior to reinstallation. Provide new lamps, etc., as required to restore fixtures to operational condition. H. All equipment, fixtures, devices, etc., which are removed shall be delivered to Owner. All items which are removed and not wanted by Owner and which are not reused shall become the property of Electrical Contractor and shall be removed from site. I. The cost of cutting and patching necessary for the installation or removal of electrical work shall be included in the Electrical Contract. Coordinate with General Contractor. J. Electrical Contractor shall remove and replace lighting fixtures; rework, relocate and replace conduit and wiring and do other work required by the installation of new ductwork, piping, etc. Coordinate with other Contractors and verify the extent of the work. K. Areas of Removal: Electrical Contractor shall check areas of demolition for electrical damage and physical damage. See damaged existing electrical equipment and device paragraph below. If existing electrical equipment and devices do not have electrical power, Electrical Contractor is responsible to provide power from electrical panels determined by Engineer. L. Damaged Existing Electrical Equipment and Services: 1. Existing damaged equipment and devices that are to be reused shall be reported to Civil Engineer in writing. The equipment and devices will be evaluated by the design team as to their reuse status. Damaged equipment and devices not reported to Civil Engineer in writing shall be the responsibility of Electrical Contractor to replace with new equipment and devices. PART 2 - PRODUCTS 2.1 STANDARDS A. All material shall be new and shall be listed by Underwriters Laboratories Incorporated (UL listed) for the purpose intended and shall bear the UL label. Client Project No.:Aug-15 16010-3 Fraser Sanitation-Pretreat Dry Feeder Addition RJM Project No.12072 GENERAL PROVISIONS —SECTION 16010 B. Damaged or defective materials shall be replaced. All materials shall comply with the latest NEMA standards. PART 3 - EXECUTION 3.1 SHOP DRAWINGS A. Furnish Shop Drawings electronically as unsecured pdf files to Civil Engineer for the following: 1. Distribution Equipment. 2. Controls and Instrumentation B. All materials and equipment shall be approved prior to beginning work. C. Receipt within 30 days after award of contract. D. Shop Drawings, including: 1. Catalog data specifically for equipment to be used. 2. Maintenance data. 3. See shop drawing requirements in General Provisions. 4. Reviewed shop drawings will be returned to Contractor as pdf files. E. Electrical Contractor shall provide shop drawing approval stamps on all equipment supplied by them prior to Engineer's shop drawing approval. Electrical Contractor is to check for conformance with the design of the project and compliance with the information given in the contract documents. Contractor is responsible for dimensions which shall be confirmed and correlated at the job site, fabrication process and techniques of construction. 3.2 RECORD DRAWINGS A. Maintain a complete set of Electrical Drawings at the job site with all changes in the work marked thereon in a contrasting color. Keep the drawings current at all times, and present to Engineer upon completion of work. B. Electrical Contractor shall provide Civil Engineer at completion of project a complete set of Record drawings showing all changes in work marked thereon including all system wiring diagrams. 3.3 COORDINATION A. Order the progress of the work so as to conform to the progress of other trades. Coordinate all electrical installations and rough-ins as required. 3.4 WORKMANSHIP A. Provide a competent foreman on the job at all times. All work shall be accomplished in a manner which is neat, workmanlike, of first quality, and compatible with good industrial practices and standards. Provide competent workmen who are skilled as electricians. Client Project No.:Aug-15 16010-4 Fraser Sanitation-Pretreat Dry Feeder Addition RJM Project No.12072 GENERAL PROVISIONS —SECTION 16010 3.5 INSTALLATION A. Install all equipment and materials in accordance with information as indicated on Drawings and in full accord with Manufacturer's recommendations. 3.6 CUTTING AND PATCHING A. Provide all cutting, channeling, chasing, drilling, etc., operations as may be required for electrical work. In general, all such operations shall be held to a minimum. B. All patching and painting shall be done by Contractor. C. All work is to be carefully laid out in advance and coordinated with the other trades and building and process equipment so as to minimize any disturbance or damage to the structures, piping or other equipment. Any damage done to the building structure finishes or equipment shall be the responsibility of the Contractor and such damage shall be repaired in a manner approved by the Engineer and at no expense to the Owner. 3.7 CONSTRUCTION POWER AND LIGHTING A. Provide construction power and lighting for construction as required. Energy costs, where reasonable and use of existing facilities is sufficient, will be paid by owner. All temporary facilities where required by contractor — shall be provided and paid for by contractor and shall be properly grounded, shall comply with NEC and OSHA requirements, and shall have ground fault protection. 3.8 TRENCHING AND BACKFILL A. Be responsible for all trenching and backfill for electrical work. Backfilling shall be done in accordance with Civil Engineer Specifications. Be responsible for all new and existing buried utilities. B. Electrical Contractor shall locate all onsite and offsite utilities prior to any trenching or excavation done by any trade to locate utilities in areas where construction is to be performed. C. All trenching for buried cable or conduit shall be backfilled with selected material mechanically tamped into place along the sides of the conduit and up to a level six inches above the top of the conduit in lifts not to exceed six inches. The remaining backfill shall be consolidated by mechanical tamping in 6-inch layers. All trench compaction shall be to not less than 95 percent of the maximum dry density in accordance with ASTM D698 (Standard Proctor). Buried conduit shall have a minimum cover of 30-inches. Client Project No.:Aug-15 16010-5 Fraser Sanitation-Pretreat Dry Feeder Addition RJM Project No.12072 GENERAL PROVISIONS —SECTION 16010 3.9 SECONDARY SERVICE A. Existing power for distribution within the building is underground, available from the secondary side of a pad mounted transformer supplied by the local utility company. The service is 3 phase, 4 wire, 480/277 volt, 60 Hertz alternating current. Notify Engineer if characteristics or point of attachment are different than that shown on Drawings. 3.10 GUARANTEE: Comply with Civil Engineer directives and guidelines. A. Guarantee all materials, labor, workmanship and successful operation of all equipment installed under this contract for a period of one year from date of final acceptance. Repair or replace, at no expense to Owner, all defects which may arise during this time due to inferior or defective materials, equipment, or workmanship. 3.11 SUBSTITUTIONS A. Refer to Owner for requirements for purchasing and guarantees. B. Where substitutions alter the design, conduit, wiring or space requirements indicated on the Drawings, Contractor shall be responsible for all items of cost for the revised design and construction. 3.12 DELIVERY AND STORAGE OF MATERIALS A. Make provisions for delivery and safe storage of all materials and make the required arrangements with other Contractors on the job for the introduction into the building of equipment too large to pass through finished openings. B. Where materials are indicated to be furnished by others to Contractor for installation, these materials shall be checked and their delivery properly receipted. Assume full responsibility for the storage and safe keeping of said materials from time of delivery until final acceptance. END OF SECTION 16010 Client Project No.:Aug-15 16010-6 Fraser Sanitation-Pretreat Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 PART 1 - GENERAL 1.1 STANDARDS A. All materials shall be new, shall be UL listed for the purpose intended, and shall bear the UL label. Damaged or defective materials shall be replaced. All materials shall comply with latest NEMA standards. 1.2 SUBSTITUTIONS A. Refer to Owner for requirements for purchasing and guarantees. B. Where substitutions alter the design, conduit, wiring or space requirements indicated on the Drawings, Contractor shall be responsible or all items of cost for the revised design and construction. 1.3 BALANCING A. The complete system shall be load balanced to within 10-15 percent per phase. 1.4 PHASE ROTATION A. Electrical Contractor shall ensure and be responsible for proper phase rotation of all motors, compressors, and other three-phase equipment prior to energizing equipment. B. Electrical Contractor shall be responsible and coordinate proper phase rotation connections made by the serving utility company prior to energizing main service equipment. PART 2 - PRODUCTS 2.1 BRANCH CIRCUIT PANELBOARDS - GENERAL A. Provide number and size of full width, thermal-magnetic, and bolted breakers as indicated. All breakers shall be quick-break, quick-make and shall have an internal trip-free mechanism; two and three pole breakers shall be internally "common trip" and shall have a common operating handle. B. 120/208V or 120/240V panelboard shall have circuit breakers having a minimum IC rating of 10,000 AIC amps symmetrical. C. All terminals shall be rated for 75°C wiring. 2.2 SAFETY SWITCHES A. Provide fusible and non-fusible heavy-duty type disconnect switches where shown and required. Switches shall be horsepower rated, quick make, and quick break, by same manufacturer as switchboard or MCC. Client Project No.:Aug-15 16100- 1 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 B. Each enclosure shall be NEMA type suitable for surrounding area and condition. Consult Mechanical Drawings and Specifications for their requirements. C. Switches shall be equipped with rejection clips for Class "R" current limiting fuses. D. All terminals shall be rated for 75°C wiring. 2.3 NAMEPLATES A. Engraved composition, laminated plastic, 1" x 3" nameplates shall be provided for each circuit breaker, switch, starter, disconnect, etc. The plates shall have lettering or numbering as required and approved. Nameplates shall have %4 inch high black letters with white background. Provide nameplates for all switches, circuit breakers and motor starters, and all individually mounted equipment. Nameplates shall be mounted with corrosion resistant screws and positioned on the front of door adjacent to circuit breaker, or switch, so as to be clearly visible (double back tape not acceptable). The legend on the strips shall be so composed as to clearly indicate the equipment served by the protective devices. B. Nametags: Instrumentation, control equipment requiring electrical or signal cables. Provide phenolic black nametags, engraved to white core, 1/2" to 3/16" lettering, attach to equipment using double back tape. Engrave nametag as to process. Refer to Simplified Process Diagram. Submit nameplate schedule to engineer for review prior to installation of nametags. C. Label all mechanical equipment, safety switches, and starters, etc., with Phenolic - nameplates. Nameplates and labels shall indicate the general areas and type of electrical load served by each circuit. D. Neatly label all Junction box coverplates as to their function. Use a permanent ink pen. Labeling shall be power, receptacles, etc. E. Install nameplates identifying phase and voltage per NEC 210.5. 2.4 CONDUCTORS A. Provide a complete system of conductors for all raceway systems. All conductors shall be rated 600V, oil resistant, and shall be of a manufacturer subscribing to applicable IPCEA and NEMA standards and practices. Conductors shall be of sizes and types as indicated, and as required by NEC for specific uses. Where quantities of conductors in a raceway system are not specifically indicated, provide number as required to maintain function, control and number of circuits as indicated. All conductors shall be UL listed and approved, and shall conform to the following: 1. Minimum wire size shall be #12 AWG except for control signal circuits which may be #14 AWG. All control wiring shall be stranded Cu U.O.N. 2. Unless otherwise indicated, all wiring for branch circuits shall be copper #12 AWG in 3/4" conduit, protected by 20-ampere circuit breakers. See Voltage Drop. Client Project No.:Aug-15 16100-2 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 3. Voltage Drop: If distance from panel to first outlet is 75 feet or greater (for 120V circuits) or 150 feet or greater (for 277V circuits), #10 shall be installed from circuit breaker to every device in circuit. 4. Receptacle and lighting wire sizes #10 AWG and smaller shall be solid type THWN/THHN, #8 AWG and larger shall be stranded, type THWN, #14 control wire shall be THWN stranded. All conductors shall be copper. The use of aluminum will not be allowed. All branch circuits shall be (factory) color coded in accordance with Article 210-5 of NEC for the entire length of the circuit. 5. The following color code prevails for all service, feeder and branch circuits: a. Neutral —White for 120/240, Gray for 277 VAC. b. Ground - Green C. Phase A — Black/Red for 120/240, Black for 120/208, Brown for 480/277. d. Phase B — Black/Red for 120/240, Red for 120/208, Orange for 480/277. e. Phase C — Black/Red for 120/240, Blue for 120/208, Yellow for 480/277. f. Service Entrance Conductors below Grade or Wet Locations - Type THWN/THHN or XHHW-2. g. Branch and Feeder Conductors Below Grade or in Wet Locations LION -Type THWN/THHN. h. Electrical contractor shall properly tape all existing conductors discovered to be improperly taped during this project. 6. Wire and cable shall be of the proper size to fit under lug landings in accordance with U.L. listing. Where larger wire and cable is used for voltage drop etc., and will not fit under U.L. listings, the Contractor shall provide proper wire and cable size under lugs and either pigtail to larger wire and cable or use power tap blocks. Provide insulation value equal to the wire and cable being used. 7. Motor and similar vibrating equipment, wiring for power shall be stranded. 8. Aluminum conductors shall not be used on this project. 9. All control wiring shall be marked corresponding to numbering system used in shop drawings at all conductor terminations, splices or marshalling panels. Both conductor marker and marked terminal blocks - shall be used. Further identification using colored insulation shall be used to differentiate type of signals. 10. Control Cable Markers (Field and Enclosure Wiring): Provide Permanent Heat Shrink Identification Sleeves, white with black markings, heat shrinkable. Cable markers shall correspond to cable diameter. Manufacturer Brady Perma Sleeve. Markers shall be on both ends of cable(s) on field wiring and internal enclosure wiring. Wire labels shall be heat shrunk prior to completion of project. 11. Refer to Feeder Schedules on drawings. Client Project No.:Aug-15 16100-3 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 2.5 CONDUITS A. Provide complete raceway systems for all conductors. All raceways shall be of a manufacturer subscribing to applicable NEMA and U.L. standards, and shall bear the U.L. label. Raceways shall be of sizes as indicated and required. Where sizes are not specifically indicated, provide sizes in accordance with the requirements of NEC. Final connections to motors and other vibrating or rotating equipment shall be made in steel flexible liquid tight conduit. B. Provide the following types of raceways for the specific application or location indicated: 1. Heavywall, Type II, Rigid, Schedule 80 PVC. a. For all wiring runs embedded in concrete. b. For wiring runs buried underground, unless otherwise indicated. C. Embedded in concrete block. d. Shall be oil resistant e. Provide expansion joints in accordance with manufacturer's recommendations. f. Not permitted in exposed locations unless specifically called for on drawings. g. Where sizes shown on drawings are not available in Schedule 80, increase conduit size to next available size. 2. Rigid galvanized steel. Shall be standard weight, oil resistant PVC factory-coated 40 mils thickness. a. Conduit exposed above grade in wet locations. Seal threads and openings with compound PVC per factory requirements. b. All sizes subject to abnormal conditions such as fumes or corrosive locations. Seal threads and openings with compound PVC per factory requirements. C. Couplings, elbows, bodies, fittings, etc. shall be subject to same requirements as conduit with PVC coating. d. 90 degree bends below grade and vertical risers in concrete slabs. 3. Rigid galvanized steel conduit (GRC). a. Conduit exposed above grade, in wet, dry and damp locations. b. All sizes subject to abnormal conditions such as heat or cold. C. Couplings, elbows, etc. shall be subject to the same requirements as conduit. 4. Liquid tight flexible metal conduit. a. For final connections to motors and other vibrating equipment. b. Overall length of flexible conduit shall not exceed 3'-0". C. Shall be oil resistant d. Shall be steel flex with overall coating. 5. Electrical Metallic Tubing (EMT) not allowed. 6. PVC Schedule 40 not allowed. 7. Transitions from below grade (and in slab) to above grade shall be PVC below grade with PVC coated GRC elbows and risers to 1' AFG outdoors and 4"AFG indoors. Client Project No.:Aug-15 16100-4 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 2.6 LIGHTING EQUIPMENT A. General: Provide all lighting equipment and lamps as shown on Drawings and as called for in these Specifications. Provide all such equipment fully complete and prewired. Install all equipment in a secure and substantial manner, and in full accord with Manufacturer's recommendations. Provide all such miscellaneous installation equipment such as support, hangers, yokes, flanges, etc., as is necessary. Provide 1 1/2" spacer, finished, factory-approved type, between tops of fluorescent fixtures and combustible ceiling materials as required by code. Provide for aiming of all adjustable lighting fixtures as directed by Owner; exterior fixtures shall be adjusted at night. B. Fixtures (Luminaires): All fixtures exposed to weather or cold temperatures shall be weatherproof and suitable for efficient operation at temperatures and conditions concerned. All fixtures shall bear UL labels for their particular application, or as indicated; 32 watt T8 fluorescent shall be programmed rapid start. Install surface or pendant mounted luminaires true and straight. Provide plaster frames or similar type devices compatible with ceiling. E. Electronic Ballasts: 1. Separate electronic ballasts shall be provided in order to provide dual/three level lighting as shown on plans. 2. Ballasts shall be compatible with T8 lamps, high power factor energy saving, electronic type, multi-voltage, electronic programmed start. 3. Ballast shall bear the CBM, UL, and ETL labels certifying the ballasts comply with these specifications and standards. 4. Ballasts shall be "P" rated. 5. Ballast shall be one of the following: Sylvania or equal by GE, Philips. F. Proper lamps shall be provided for all fixtures. G. All incandescent lamps shall be rated for 130V operations. 2.7 DEVICES AND PLATES A. Switches: Provide the following flush switch devices where indicated and required. Verify color with Civil Engineer prior to installation. Devices to be of rating required by NEC for load controlled. All devices shall be Specification Grade, 120/277V, quiet type. All devices shall have screw-type terminals. Provide as shown or acceptable equal. 1. Devices: a. 20 amp switches Leviton-1 221-White b. Weatherproof Hubbell-1281 W/17CM50 Cover B. Thermal overload switches: Provide thermal overload switches for all single phase motors which are not furnished with built-in overload protection. Switches to be of size and number of poles as required and shall have suitable enclosures. Do not install on roof or exposed to weather. Provide Allen-Bradley Bul. 600 or acceptable equal. Size the heater elements in accordance with the Manufacturer's recommendations. Client Project No.:Aug-15 16100-5 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 C. Receptacles: Provide the following flush receptacle devices where indicated and required. Verify color with Civil Engineer prior to installation. All devices to be Specification Grade with screw type terminals. Provide as shown or acceptable equal. 1. Devices: a. 20-3W, grd. duplex-120V Hubbell-5362-White b. WP -While in use Hubbell WP7XXD C. Ground Fault 20 amp Hubbell GFR-5352SG-White D. Equivalent devices: Equivalent wiring devices as manufactured by Slater, Arrow Hart, Hubbell, Daniel Woodhead, Eagle, or P & S may be used in lieu of Leviton devices indicated. E. Coverplates: 1. Provide stainless steel U.O.N. 2.8 SUPPORTS AND HANGERS A. Provide supports and hangers as necessary and as required to insure a quality and substantial installation. Support raceways, cabinets, boxes, etc., on approved types of trapeze hangers or wall brackets as manufactured by Unistrut or acceptable equal. Provide steel hanger rods securely fastened to or through the building structure for all trapezes, etc. Do not suspend from mechanical piping or ductwork. Perforated plumber's straps or wire will not be permitted. All supports, hangers, screws, bolts, etc., shall be stainless steel in dry feed area, hot dip galvanized permitted elsewhere. B. Obtain Civil Engineer's approval for the use of powder-powered fasteners and use only in locations as he may direct. C. Secure all raceway systems in building structure in a rigid and secure manner using approved type fasteners such as "Caddy Clips' or similar type of other manufacturer. D. Conduit hangers, clamps, light fixtures, supports, etc., shall be fastened to joists or beams only. Do not support from bottom of roof decking, mechanical ductwork or piping. 2.9 OUTLETS A. Outlets shall be galvanized steel or zinc pressed steel outlet boxes for all locations except where otherwise indicated or where cast metal boxes are required by NEC. Boxes are to be 4" square or octagonal, depth as required. Provide plaster or tile rings for all flush outlets installed where wood, drywall tile plaster, etc., types of finishes are applied. All outlets for exterior application shall be cast, weatherproof type, with gasket and coverplate. Tile boxes of extra depth may be used for interior, dry applications where masonry block or brick walls constitute the finished wall surface. In any event, provide outlet boxes of proper type and design for the particular fixture or device to be installed. Boxes shall be as manufactured by Steel City or acceptable equal. Client Project No.:Aug-15 16100-6 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 B. Provide cast iron Type FS, FD in all surface mounted applications U.O.N. C. Provide cast/PVC coated iron Type FS, FD where PVC-coated conduit is specified. D. Pull Boxes: Provide pull boxes in raceway runs as required by NEC and job conditions. Install in accessible locations. E. In any event, provide outlets boxes of proper type and design for the particular fixture or device to be installed. Boxes shall be as manufactured by Appleton, Carlon or acceptable equal. PART 3 - EXECUTION 3.1 CONDUCTORS A. Conductors shall be continuous from outlet to outlet or J-box. Splices shall be held to a minimum. Where necessary, splice in readily accessible pull box, J-box, or outlet box. The joint insulation value shall equal that of the conductor. Splices and connections shall be made in an approved manner. B. Install wiring in the raceway systems only after the conduit run has been completed and after such time as conduits have been thoroughly cleaned and dried. C. Enclose underground conductors in conduit schedule 80 PVC. All secondary and exterior branch circuit conductors to be buried a minimum of 30 inches below finished grade. Provide 2 inches of sand fill (native fill can be used only where prior approved by civil engineer) above and below conduit and install electrical marker tape 6 inches above all runs. Concrete encase where required by code and as indicated on drawings. D. All wire and cable shall be factory color-coded. E. Motor Wiring 1. The Contractor shall mount all starters, control devices and other electrical equipment whether specified herein or in other parts of these Specifications, except where such equipment is factory-mounted on the drive equipment. All starters shall be complete with O.L. protection and shall conform to NEC and NEMA requirements. 2. All wiring shall be furnished including conduit, wire, junction boxes, disconnecting switches, over-current protection, etc., not specified elsewhere in this Specification to and between all motors, starters, control devices and as well as factory mounted on the driven equipment. 3. The Contractor shall provide horsepower rated disconnect switches for all motors where shown on the Drawings. Provide enclosure as required for location. Provide horsepower rated thermal overload switches for each motor furnished single phase, 120 volts, and without a built-in approved overload device. All switches shall conform to requirements as specified elsewhere in these Specifications. Client Project No.:Aug-15 16100-7 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 F. High Compression Termination: Provide high compression terminations for connecting smaller conductors to larger for voltage drop issues as shown on drawings. H-type compression tap connectors shall be for copper combinations, sized for correct conductor installation using 15 ton and 12 ton head tools per manufacturer UL listed. Manufacturer Thomas and Betts. Compression taps series 63100 with high compression tool. Provide shop drawings. Provide interlocking insulating hard covers and secure with tape sealant per manufacturer, UL listed. Manufacturer Thomas and Betts Series HTCX00 (H-Tap Insulating Hard Covers), and HSTS25 Series. Provide shop drawings. G. Terminations Exterior 1. Terminations shall be silicone filled safety connectors. Connector body shall consist of color-coded shell of non-hygroscopic material, with ribs or wings for easy grip and vibration-absorbing retention fingers. Inside shall be a non-setting, non-conductive, fire-retardant silicone sealant that eliminates the possibility of corrosion and flashover. The connector shall have a plated, conical, square-wire spring to draw in conductors securely as torque is applied. 2. Connectors shall be King Technology's Model King-1, 2, 3, 4, 5, 6, and/or 9 wire connectors for pressure-type locations or accepted equal. H. Provide cable wraps (nylon tie wraps) around branch circuit bundles and feeder bundles in all MCC's, panelboards, and switchboards. 3.2 BRANCH CIRCUITS A. Unless otherwise indicated on the Drawings, branch circuit homeruns shall be arranged as follows: 1. For three-wire systems no more than three circuits shall be in a single conduit. 2. For two-wire systems, no more than two circuits shall be in a single conduit. Additional circuits in a common conduit will be allowed provided wires are de-rated according to the NEC. 3. Where homerun circuit numbers are shown on Drawings, such numbers shall be followed in connecting circuits to switchgear and to panelboards. 4. Multi-wire branch circuits not permitted, U.O.N. on drawings, provide dedicated neutral conductors. 3.3 CONDUITS A. Slab On Grade U.O.N on drawings: Conduits shall not be located in slab or below slabs, but at least 6" below slab, such that saw cutting of floor will not damage conduits. B. Route all conduits either parallel or perpendicular to walls and structural members, always avoiding proximity to sources of heat such as flues, hot water lines, etc. Locate raceways so as not to endanger the strength of any structural members. All runs pertinent to the building structural system shall be installed only when and in manner as approved by Civil Engineer. Actual conduit runs are not necessarily indicated, but are to be installed in the most feasible manner compatible with building construction and work of other crafts. Outlets shown Client Project No.:Aug-15 16100-8 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS — SECTION 16100 connected together must be wired on the same circuit. C. Exercise all necessary precautions during the construction period to prevent entry or accumulation of moisture, dust, concrete, and all foreign matter into the raceway system. Prior to pulling in wire and cable, all conduit shall be cleared by pulling a stiff wire brush of same size as the conduit, through the conduit. This cleaning shall be such that it removes all foreign matter, including water, from the conduit. The boxes in which the conduit terminates shall be cleaned of concrete, mortar, or other foreign matter, and all threads in boxes shall be left clean and true upon completion of the work. All conduit installed for future use shall be sealed and shall be left with a suitable pull wire in place. D. Each circuit shall be extended from a rigid conduit termination to a motor in a flexible conduit, "Sealtite," or equal. Each circuit shall be installed so that conductors and terminal connections will not be damaged by machine vibration. E. All 45-degree and 90-degree bends in conduit 1%4-inch size and larger shall be made with standard conduit elbows. Conduits that are permitted to be bent shall be bent to not less than the same radius as factory conduit fittings. All bends to be made by the use of an approved bending tool. Cut all conduits square and ream all cuts to remove burrs. All bends shall be free from dents or flattened surfaces. Not more than the equivalent of four quarter bends shall be used in any run between terminals at cabinets, outlets, and junction or pull boxes. Boxes shall be located in accessible locations. F. Secure all raceway systems in building structure in a rigid and secure manner using approved type fasteners such as "Caddy Clips" or similar type of other manufacturer. The use of wire, plumber's straps, etc., will not be permitted. Locations and spacing of fasteners shall be as required by NEC. G. Conduit hangers, clamps, light fixtures, supports, nails, etc., shall be fastened to joists or beams only. Do not support from bottom of roof decking or mechanical ductwork. H. Use approved type couplings and connectors in all conduit runs and make all joints tight. Provide insulated bushings for all terminations. Provide expansion fittings and bonding conductors for all runs which cross expansion joints. Provide waterproof fittings for all runs in wet locations such as exposed to weather, buried in slabs, etc. Fittings shall be as manufactured by O.A., Tomic, Raco, Appleton, Steel City, Thomas and Betts. 3.4 OUTLETS A. Install all outlets in a secure and substantial manner and locate so as to be compatible with space, construction and equipment requirements, and with the work of other trades. Verify final outlet locations with Civil Engineer prior to installation. Install all outlets plumb and in accessible locations. If outlets are not installed plumb, flush, or in approved locations, relocate or reset and refinish at no additional cost to Owner. B. Switch outlets: Install up 48" to top of box above floor on latch side of door and 4 Client Project No.:Aug-15 16100-9 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 BASIC MATERIALS AND METHODS —SECTION 16100 inches from centerline of J-box to outside of door frame. Verify door swing prior to installation. Use gang boxes for multiple device installation as required. Switches adjacent to double swing doors shall be located to be accessible with the door in its wide-open position. C. Receptacle outlets: Install 18-inches above floor in all locations and 6-inches above counters. Other mounting heights to be as indicated on the Drawings. D. J-boxes shall not be stacked atop or used with multiple extension rings on each other to form single J-boxes. Single J-boxes shall be used of proper size per NEC. 3.5 PULL BOXES AND PULL BOX COVERS A. Handholes and Boxes for Underground Wiring shall be sized and located as required for application (not necessarily shown on drawings). Provide with gasketed lid and bolted (stainless steel hardware) covers embossed electric. Box shall have 6 —8" of pea grave installed below box. Box lid shall be flush with finished grade. 1. Handholes and Pull Boxes in Driveway, Parking Lot, and Off-Roadway Locations, Subject to Occasional, Nondeliberate Loading by Heavy Vehicles: Polymer concrete, SCTE 77, Tier 15 structural load rating. 2. Handholes and Pull Boxes in Sidewalk and Similar Applications with a Safety Factor for Nondeliberate Loading by Vehicles: Polymer-concrete units, SCTE 77, Tier 8 structural load rating. 3. Handholes and Pull Boxes Subject to Light-Duty Pedestrian Traffic Only: Fiberglass-reinforced polyester resin structurally tested according to SCTE 77 with 3000-lbf (13 345-N) vertical loading. 3.6 COVERPLATES A. Install oversized or "mistake plates" for any outlet where standard sized plate will not cover rough-in opening. Provide ganged plates for combination devices and multiple device installation as required. B. Provide blank coverplate for all unused outlet boxes. 3.7 FIRE PENETRATIONS A. Provide fire rated stops to maintain fire ratings of walls, ceilings and floors. B. Conduits may penetrate the walls, ceilings, floors or partitions provided fire stopping is provided per current Building Code requirements. END OF SECTION 16100 Client Project No.:Aug-15 16100- 10 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 EMPTY RACEWAY SYSTEMS —SECTION 16103 PART 1 - GENERAL 1.1 DESCRIPTION A. Principal work in this Section: 1. The requirements of Section 16010 apply to work of this Section. 2. Empty raceway systems for, but not necessarily limited to these systems. a. Electric Service (spare) b. Controls PART 2 - PRODUCT AND EXECUTION 2.1 EMPTY RACEWAY SYSTEMS A. Provide empty raceway systems with conduit, cabinets, with plywood, backliner, outlet and floor boxes, J-boxes, backboards, and all miscellaneous appurtenances required for a complete system. Leave empty raceway systems complete with pull rope, minimum 4' extra length at each end, properly tagged. B. Systems shall meet requirements of, be accepted by, and be approved by the code authority, utility, equipment supplier, Owner, or Contractor furnishing system equipment and wiring for the system involved. C. Empty raceway systems include systems that allow open wiring installed in - hollow walls. Provide wall plaster frames, coverplates, and pull wires from outlet to J-box above accessible ceilings. D. Empty raceway systems shall conform to the following requirements: 1. Raceways 1 1/2"trade size and larger shall be provided with pull ropes, 3/16" diameter polypropylene, with 700 lbs. minimum breaking strength. 3/32", 200 lbs. pull lines shall be installed for 1 1/4" conduits and smaller. 2. Raceways with more than two 90 degree bends and for a run 200' and longer shall be provided with through pullboxes, accessible after construction. 3. Unless indicated otherwise, outlets located in stud walls or non-masonry partitions shall be flush mounted 4" square X 2 1/8" box with plaster rings. Size of opening and coverplates shall be as specified under"Coverplates" in Section 16100. Conduits for these outlets shall be terminated and bushed. A pull wire or cord shall be installed and secured through the plaster ring for later use by others. END OF SECTION 16103 Client Project No.:Aug-15 16103- 1 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 ELECTRICAL SYSTEMS —SECTION 16400 PART 1 - GENERAL 1.1 Furnish and install a complete electrical system as shown on Drawings and Specifications. 1.2 SUMMARY A. This Section includes methods and materials for grounding systems and equipment. 1.3 SUBMITTALS A. Product Data: For each type of product indicated. B. Submittals shall comply with requirements indicated in Section 16010.3.1. 1.4 QUALITY ASSURANCE A. Electrical Components, Devices, and Accessories: Listed and labeled as defined in NFPA 70, Article 100, by a testing agency acceptable to authorities having jurisdiction, and marked for intended use. B. Comply with UL 467 for grounding and bonding materials and equipment. PART 2— PRODUCTS 2.1 CONDUCTORS A. Insulated Conductors: copper wire or cable insulated or 600V unless otherwise required by applicable Code or authorities having jurisdiction. B. Bare Copper Conductors: 1. Solid Conductors: ASTM B 3. 2. Stranded Conductors: ASTM B 8. 3. Bonding Cable: 28 kcmil, 14 strand of No. 17 AWG conductor, 1/4 inch (6 mm) in diameter. 4. Column and Expansion Bonding Conductors: #3/0 AWG, stranded bare conductor. 2.2 CONNECTORS A. Listed and labeled by a NRTL acceptable to authorities having jurisdiction for applications in which used, and for specific types, sizes, and combinations of conductors and other items connected. B. Bolted Connectors for Conductors and Pipes: Copper or copper alloy, bolted pressure-type, with at least two bolts. 1. Pipe Connectors: Clamp type, sized for pipe. 2. Flat Structural Steel: Burndy type QGFL, sized for conductor. Client Project No.:Aug-15 16400- 1 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 ELECTRICAL SYSTEMS —SECTION 16400 C. Welded connectors: Exothermic-welding kits of types recommended by kit manufacturer for materials being joined and installation conditions. D. Grounding bushings shall be OZ/Gedney type BLG. E. Grounding bushings are required on all feeders at all locations including: panels, j-boxes, pull boxes, transformers, SPD's, MCC's, and disconnects, etc. 2.3 MECHANICAL EQUIPMENT A. Phase protection: All motors 1 HP and above using 3 phase power and all 3 phase air condition units shall have protection for phase reversal, loss of phase or phase unbalance of 10% voltage drop or greater on any one phase. Time Mark (model 2644) Symcom or Eaton. B. Electrical contractor shall verify with mechanical contractor prior to rough-in and at shop drawing stage that proper voltages, phases, and connections are provided for all mechanical equipment being furnished on this project. Contractor shall stop work on any incorrect wiring and notify engineer at once. C. Electrical Contractor shall verify hp and voltage of all motor loads (mechanical and process) prior to any rough-in. 2.4 EXIT AND EMERGENCY LIGHTING SYSTEM A. Provide a complete exit and emergency lighting system as indicated on Drawings. Locate all exit lights for maximum visibility. Entire system shall comply with Article 700 of NEC. B. Provide battery powered emergency standby lighting system as indicated. PART 3 - EXECUTION 3.1 GROUNDING SYSTEM A. Ground the entire electrical distribution system, including all raceways, outlets, fixtures, equipment, etc., in full accord with NEC. B. Provide separate grounding conductor in all raceways. C. Provide separate grounding jumper from the grounding screw of all receptacle devices to the metallic box in which mounted. Jumper may attach to box with a separate grounding screw or clip device. Jumpers may not be eliminated if approved self-grounding devices are used. D. Provide separate bonding conductor, bare copper, for runs of flexible conduit where required by NEC. E. All conductors used for grounding and bonding purposes shall be copper, insulated green, only. Client Project No.:Aug-15 16400-2 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 ELECTRICAL SYSTEMS —SECTION 16400 F. Provide a 3/4" diameter by 10' Cu clad steel driven ground rod bonded to water piping system and to the main distribution center in accordance with Article 250 of the NEC. G. Building expansion joints: Provide #3/0 AWG bare copper bonding jumpers across all building expansion joints. Cadweld each side to red iron on each side of joints. H. Provide #3/0 AWG bare copper ground bonding jumpers to 10% of all steel columns and rebar to concrete slabs, cadweld both ends. I. Provide Grounding Bushing on both ends of all feeder conduits — both sides of all transitions. 3.2 INSTALLATION A. Grounding Conductors: Route along shortest and straightest paths possible, unless otherwise indicated or required by Code. Avoid obstructing access or placing conductors where they may be subjected to strain, impact, or damage. 3.4 MECHANICAL EQUIPMENT WIRING SYSTEM A. Heating, ventilating and air conditioning equipment: Provide branch circuits, feeders, J-boxes, disconnect switches and make all connections to motors and controls for heating, ventilating and air conditioning equipment in accordance with DIVISION 15000 MECHANICAL SCHEDULE. B. Contractor shall refer to Mechanical Specifications and Plans for all power and control wiring. C. Provide dedicated 120 volt 20 amp circuit to all control panels. Location and quantities not indicated on drawings. Verify quantities and locations with temperature control contractor and mechanical contractor to verify all locations and provide required circuits. 3.5 VOICE/DATA AND CONTROL SYSTEMS A. Maintain minimum 24" separation from power in underground runs (PVC) and 6" separation in above grade runs (steel conduit). B. Confirm all locations and connection requirements prior to beginning work. 3.6 OWNER FURNISHED EQUIPMENT A. Provide all power feeders and make complete final connections to all equipment. Equipment will be furnished and set by others. Provide all necessary raceways, outlets, disconnects, receptacles, cords, pigtails, etc., as required for complete connections of all equipment and related controls. All rough-in requirements shall be verified with Civil Engineer/owner prior to beginning work. All dimensional data and electrical characteristics shall be verified from approved Shop Drawings. All final connections shall be accomplished per manufacturers' Client Project No.:Aug-15 16400-3 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 ELECTRICAL SYSTEMS — SECTION 16400 recommendations. All work shall be coordinated with equipment providers prior to beginning rough-in. END OF SECTION 16400 Client Project No.:Aug-15 16400-4 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 ELECTRICAL COMPLETION —SECTION 16900 PART 1 - GENERAL 1.1 GENERAL A. The entire electrical system shall be left in first-class workable operating condition and all work shall be complete. PART 2 - PRODUCTS 2.1 DIRECTORY CARDS A. Provide labels and neatly typed directory cards for all panelboards and loadcenters. Directory cards shall indicate the general area and type of electrical load served by each circuit. PART 3 - EXECUTION 3.1 CLEAN UP A. Remove all materials, scrap, etc., relative to the electrical installation and leave the premises in a clean, orderly condition. Any costs to Owner for clean-up of the - site will be charged against Contractor. B. Clean all electrical equipment and materials of all foreign matter. Clean all light fixtures using only methods and materials as recommended by Manufacturer. 3.2 TESTING A. When the entire electrical systems have been completed, the Contractor shall test the wiring and shall notify the Engineer when such tests are to be performed. The Contractor will be required to furnish apparatus necessary for the testing and shall have the systems in proper condition for service with all circuits suitably identified and tagged. The systems shall be entirely free from unintentional grounds, short circuits, and other defects. After the motors, controls, and all other current consuming devices have been connected to the system, the Contractor shall again go over the systems and satisfy the Engineer as to their proper operation, including the proper rotation of all motors. The grounding system shall be installed and completely tested prior to testing the electrical systems. B. The Contractor shall be responsible and coordinate proper phase rotation connections made by the serving utility company prior to energizing main service equipment. 3.3 ACCEPTANCE DEMONSTRATION A. Upon completion of the work, at a time to be designated by Civil Engineer/Owner. Contractor shall demonstrate to Owner the operation of the entire electrical installation, including any and all special systems provided under this contract. Provide instruction manuals to owner for all equipment installed on project. Client Project No.:Aug-15 16900- 1 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 ELECTRICAL COMPLETION —SECTION 16900 B. A minimum of three (3) copies of Operations and Maintenance Manuals shall be provided. The information shall include "as-built' detailed wiring diagrams of all control devices and equipment furnished, as well as configuration data and instrument calibration data/parameters. 3.4 TEMPORARY WIRING A. Remove all temporary wiring, outlets, etc., complete. 3.5 DRAWINGS A. Deliver"Record" Drawings to Owner. END OF SECTION 16900 Client Project No.:Aug-15 16900-2 Fraser Sanitation-Pretreatment Dry Feeder Addition RJM Project No.12072 C OIL OR ADO MEMORANDUM To: Mayor Smith and the Board of Trustees From: Joe Fuqua, Wastewater Treatment Plant Superintendant Date: March 27, 2013 Subject: Resolution 2013-04-01 Resolution 2013-04-01 provides for approval of the Pretreatment Dry Lime Feeder Addition contract. The Pretreatment Addition is necessary at the plant in order to more effectively comply with pH requirements of our Discharge Permit. This addition will house the lime chemical feeder and storage space for bulk bags of lime. Currently, we utilize liquid caustic which is stored in and fed from the pretreatment building. While we've been able to address pH via this system, it is more costly and carries more personnel risks than Lime, and the caustic freezes at 50 degrees (this causes us problems even during our summer months). The project was previous bid last fall, and only one bid was received for $275,000; this bidding cycle produced two bids with the second being over $200,000. The need for chemical additions started in 2006, when the treatment plant could not maintain a pH of 6.5 or greater as required by the discharge permit. After much testing and operational changes, two reasons were found to be the root cause of the problems. 1. Too much dissolved oxygen (D.O.). This problem was fixed with the purchase and installation of a smaller air pump (blower). This change also saved the treatment plant about$3,500 a month in electricity costs. 2. The Fraser River Basin water is very low in natural alkalinity. Testing of influent revealed a shortage of over 150mg/L of alkalinity. Alkalinity in water is a buffer used to help maintain pH levels. Here is a quick overview of the treatment process: Influent comes to plant with various levels of carbon, nitrogen and phosphorus. One pound of carbon is removed with the addition of one pound of D.O. and about 1 pound of alkalinity. One pound nitrogen ammonia is removed with 4.6 pounds of D.O. and 7.14 pounds of alkalinity. Alkalinity is increased to the required levels through the addition of chemicals. TOW11 OUrs ser PO Box 770.1 Fraser, CO 80442 oFfice 970 726 7491 faix 970 726 7718 The following chemicals were investigated for safety, storage and the environmental impact, during our six year wait for State permitting approval: • Caustic Liquid — Freezes at 50 degrees, burns skin on contact, contains sodium or salts, and is costly. • Soda Ash —Contains salts or sodium, and has a higher cost than lime. • Magnesium Hydroxide — High costs, hard to keep in solution with the cold water here. • Lime —Calcium is the base and has benefits for the biological life in plants and has the lowest cost per pound for available alkalinity. We received a bid of$128,761.50 from J. T. Kopp Construction, although he did fail to include a five percent (5%) Proposal Guaranty (bid bond) as requested by the bid documents. Upon review with the Town Attorney, the bid documents and our bidding requirements do make allowance for the Board to waive the bid bond and award the contract to the lowest bidder. Along with the JFOC member managers (Bruce Hutchins, GC#1; Kirk Klancke, WPR; Jeff Durbin, TOF), I recommend a waiver of the bid bond requirement and encourage the Board to award the contact to J. T. Kopp Construction. Please feel free to contact me with any questions. Joe PO Box 770.1 Fraser, CO 80442 oFfice 970 726 7491 faix 970 726 7718 TOWN OF FRASER RESOLUTION NO. 2013-04-01 A RESOLUTION AWARDING THE CONTRACT TO J. T. KOPP CONSTRUCTION FOR THE CONSTRUCTION OF THE PRETREATMENT DRY LIME FEEDER ADDITION AT THE UPPER FRASER VALLEY WASTEWATER TREATMENT PLANT WHEREAS, the Town advertised for sealed proposals for construction and received the low bid from J. T. Kopp Construction; and WHEREAS, although a bid bond was not included with the J. T. Kopp Construction proposal, the three entity Managers and the WWTP Superintendent supported a waiver of the bond requirement; and WHEREAS, the Upper Fraser Valley Wastewater Treatment Plant Owners, and the Town acting as manager, reserves the right to waive inconsistencies and informalities, and to award the Contract on the basis of their own determination of which is the lowest and/or best bid, which best services the interest of the Owners; BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. That the Town Manager is hereby authorized to execute a contract, not to exceed $128,761.50, with J. T. Kopp Construction for of the Pretreatment Dry Lime Feeder Addition at the Upper Fraser Valley Wastewater Treatment Plant. DULY MOVED, SECONDED, AND ADOPTED 17TH DAY OF APRIL, 2013. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: _ BY: Mayor ATTEST: (S E A L) Town Clerk 00510 NOTICE OF AWARD April 17, 2013 (Date) To: J. T. Kopp Construction PO Box 607 Fraser, CO 80442-0607 (Contractor) The Town of Fraser (Owner) having duly considered the proposals submitted on March 18, 2013 (Opening Date) for the construction of Pretreatment Dry Lime Feeder Addition (Project Title) as outlined in these Contract Documents and detailed on the Drawings, and it appearing that your Proposal for performing the work outlined is fair, equitable and to its best interest, the said Proposal is hereby accepted at the bid prices contained therein. In accordance with the terms of these Contract Documents, you are required to execute the formal Agreement and furnish the required Performance and Payment Bonds within ten (10) consecutive calendar days from and including the date of this notice. In addition, you are requested to furnish at the same time five (5) copies of certificate of insurance evidencing compliance with the requirements for insurance stated in the Contract Documents. Your certificate shall be accompanied by a letter from your insurance company stating that the insurance certified meets the requirements of the Contract Documents. The Bid Security submitted with your Proposal will be retained until the Agreement has been executed and the required Performance and Payment Bonds have been furnished and approved. In the event that you should fail to execute the Contract and furnish the Performance and Payment Bonds within the time limit specified, the said Bid Security will be retained as liquidated damages and not as penalty for the delay and extra work caused thereby. Town of Fraser (Owner) By C0160RADO s TO: Mayor Smith and Board of Trustees FROM: Allen Nordin, Director of Public Works DATE: April 17, 2013 SUBJECT: 2013 GMCO Chip Seal Contract Extension & Drainage Improvements iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillilliillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillillilI In 2011 the board allocated $250,000 annually over the next three years for street and drainage improvements. In 2011 we instituted our pavement maintenance program that included placing a chip and seal application to our road surfaces to provide a wear surface along with a weather proofing sealant. The program was divided into thirds to allow the annual funding to be spread out over the three year period with 2013 being the final phase of the chip seal application. 2011 was the start of the chip seal product to 1/3 of our asphalt roadways in the original sections of Fraser, the oldest asphalt surfaces. In 2012 another 1/3 of the roadways were treated in Rendezvous, Cozens Meadow, and the Ptarmigan subdivisions including streets just east of US 40. 2013 will be the final phase of the chip seal application on the remaining streets in the Rendezvous and Cozens Meadow subdivisions. Street Maintenance: The 2013 pavement maintenance program is slated to treat approximately 37,500 square yards of asphalt streets using a 3/8-inch chip seal and fog treatment. This is the final phase of a 3-year maintenance program which has allowed all of the asphalt street surfaces in town to receive a uniform surface treatment. The remaining streets to be treated are in the Rendezvous subdivision, specifically East Mountain Filing 1 B, Campfire and Discovery Lanes and the Cozens Meadow subdivision, specifically Meadow Trail, Rifle Shot Trail and Cozens Way. Exhibit A shows the streets to be treated. Completing the balance of these streets using the smaller 3/8 inch chip size provides for a tighter application while providing a smoother, quieter riding surface. Public Works staff will once again provide assistance with tasks such as pre-washing of the streets prior to the application, traffic control, and assisting the contractor with notifications. Extending the original GMCO, LLC contract to include the additional 2013 street quantities in the form of a Change Order benefits the Town by allowing us to retain last year's base pricing, $2.76/square yard, with a slight increase in unit cost for the asphalt emulsion product of$.04/square yard for a total cost of$2.80/square yard or a total project amount of$104,500.00. This approach provides significant cost savings in areas such as document preparation and production, loss of time for the bidding process and allows the Town to get the work underway and completed much earlier in the summer n of IC::uIT ,,;e r II.ox370 Il eraser, CO 80442 office 970 726...549`1 fax 970...726...5518 avoiding the potential for cooler fall temperatures to interfere with the completion of the project. GMCO has tentatively scheduled our project to begin in July and will take approximately one week to complete. Drainage Improvements: The final phase of the Wapiti Drive drainage improvements is for the installation of a `laid-back' concrete curb and gutter to allow storm water run-off to be caught along the uphill side of the roadway. This pan will tie into the existing edge of the asphalt road mat thus securing the edge of the roadway in place to prevent further deterioration of the asphalt edge. This lower section of Wapiti already has significant sections of asphalt that has been undermined from the effects of erosion from storm water flows. Exhibit B shows the project area which will complete phase 3 of 3 of the drainage improvements for Wapiti Drive. Contract amounts for phase I and 11 of the drainage projects over the last two years have come in under the engineers estimate so I anticipate the same cost savings for this project. Completing this final phase of drainage improvements along this section of roadway is critical to keep the existing asphalt from the eventual and costly failure and subsequent replacement. This project will be put out for public bidding. Staff recommends approval of Resolution No. 2013-04-02 for the expenditure of funds for street and drainage improvements in the amount Not-To-Exceed $250,000. n of IC::uIT ,,;e r II.ox 370 Il eraser, CO 80442 office 970 726...549`1 fax 9 70...726...5518 Exhibit A Chip Seal Promect 2013 — Phase III own of ��ira,,;er ox 370, �� raser, CO 80442 office 970 726 5491 fax 9 70 726 5518 www frasercdoirado conii Exhibit B Wapiti Dr Drainage Project 2013 — Phase III // i �Q rowwA�Xonidr�aw�rd�P�m�mis 1>/ % (l � , ` "'J info-D)%✓Pi'pdi � %%/� y�l/i��i/ � ��, i//�� ;. �m arM4i0DIS�wJk4ENN1'r�lYl iwv;v rmvem»mi��ilnh9»ronvgaal,te�il�fie,1�4S4WwWwIWPJ N➢liY,y) ��, �,,,. � �- yowy'wy,NUl�r,�Mr<�, it luwl�l�1 llPn�py�pN� ?kN r i I �iii iii I a � !� � IMH'f� � ✓///i /U ,.i/iii rr�iii ��/ � /% � I'l /� �IYI t dl'1�aJrOi011G7 �1�41�IW! ,�m�swry llNV..% �'1�, �'�i/ i9� '� ` � /�� iii/rv!r/i/�� %r��l /i /19Y/,(� „i� �/�✓�,ir,fife %��/�,,, ! n of IC::uIT ,,; uIT II.ox 370 Il eraser, CO 80442 office 970 726...549`1 fax 9 70...726...5518 TOWN OF FRASER RESOLUTION NO. 2013-04-02 A RESOLUTION AUTHORIZING EXPENDITURES FOR THE 2013 STREET IMPROVEMENT PROJECTS AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby authorizes expenditures not to exceed $250,000 for street improvement projects as outlined by the Public Works Director's supplemental briefing and authorizes the Town Manager to enter into contracts for the work. 2. All documents must be executed and work completed within fiscal year 2013 or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 17th DAY OF APRIL, 2013. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: _ BY: Mayor ATTEST: (S E A L) Town Clerk 0160 ADO s � TO: Mayor Smith and Board of Trustees FROM: Allen Nordin, Director of Public Works DATE: April 17, 2013 SUBJECT: Well No. 7 Radio Transmitting Unit Request, Re-approval iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillilillillillillillillillillillillillillillillillilliillillillillillillilliillillillilliillillillillillillillillillillillillillilliillillillillillillilliillillillilliillillillillillillillillillillillillillilliillillillillillillilliillillillilliillillillillillillillillillillillillillilliillillillillillillilliillillillilliillillillillillillillillillillillillillilliillillillillillillilliillillillilliillillillillillillillillillillillillillilliillillillillillillilliillillillilliillillillillillillillillillillillillillilliillillillillillillillilI This request is being brought back to the board for consideration since this project was not completed by the end of the 2012 fiscal year per the approved Resolution No. 2012- 09-02. Our contractor, Browns-Hill Engineering (B-HE), overlooked ordering this equipment and getting it installed prior to the January 15th, 2013 deadline per the executed PW Construction Contract. Original Request from August 22, 2012: This request for approval for the expenditure of$11,800.00 is to add a new radio transmitting unit (RTU) to the Well No. 7 site. These controls are consistent with what we currently utilize throughout our water systems. Following the completion of our Water Meter Vault Rehabilitation project in 2009 at well site No. 7, it was discovered that the control wiring had been compromised and no longer provides the necessary communication signals to allow the well to operate in `auto' mode. It is uncertain as to the exact cause; however, we speculate that since we have been experiencing ongoing communication problems from this well over the past few years that the wiring finally failed for good. This well had some routine maintenance performed on it a couple of months ago such as acid cleaning and it was pump tested at 90 gpm. We have been operating it in `hand' mode ever since in an effort to avoid bio-fouling of the intake screens until the communication link can be restored. In an effort to keep this well on-line and producing water, it is imperative that a communication link be restored as soon as possible. As a component of our SCADA system these RTU's `talk' to the Master Water Town Hall computer HMI (human-machine interface) in order for our water system to be fully automated. Staff recommends approval of Resolution No. 2013-04-04 for the expenditure of $11,800 related to the 2013 Water System Improvement Project. n of IC::uIT ,,;e r 0 II.ox ,370 Il eraser, CO 80442 office 970 726...549`1 fax 9 70...726...5518 TOWN OF FRASER RESOLUTION NO. 2013-04-04 A RESOLUTION AUTHORIZING EXPENDITURES FOR 2013 WATER SYSTEM IMPROVEMENT PROJECTS AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO CONTRACTS FOR THE WORK. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. Whereas, the Town Board of Fraser Colorado previously authorized the expenditure of $140,000 for water system improvements for which $11,800.00 of that amount was earmarked specifically for the purchase and installation of a Radio Transmitting Unit (RTU) for Municipal Water Well No. 7. 2. Whereas, the Contractor inadvertently failed to order the RTU in fiscal year 2012 per the Resolution and therefore was not able to complete the work by January 15, 2013 as stated in the Public Works Construction Contract dated November 28th, 2012. 3. The Town Board of Fraser, Colorado hereby authorizes expenditures not to exceed $11,800 for the RTU related to water system improvements and further described by the Public Works Director's supplemental briefing dated April 17, 2013 and authorizes the Town Manager to enter into a contract for the work. 4. All documents must be executed and work completed within fiscal year 2013 or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 17th DAY OF APRIL, 2013. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: _ BY: Mayor ATTEST: (S E A L) Town Clerk 0160 ADO s TO: Mayor Smith and Board of Trustees FROM: Allen Nordin, Director of Public Works DATE: April 17, 2013 SUBJECT: Equipment Purchase Requests: Street Sweeper and Excavator iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillilliillillilillillillillillillilillillillillillillillillilliillillillillillillillilI Public works staff performs a wide variety of tasks that can sometimes be hampered by the lack of proper equipment to perform tasks in a timely and efficient manner. They are often challenged by making things work with the limited specialty tools in their `tool box'. In addition, several of our specialty tools such as our backhoe and street sweeper are of a vintage age and though they aren't used on a daily basis they are still necessary pieces of equipment to keep our town assets well maintained. Below is a description of two pieces of equipment that I feel are necessary to have in our fleet in order to accomplish our maintenance tasks efficiently, effectively and in a safe manner. Mini Excavator and Attachments: Following a review of the past 24 months of excavator track hoe rentals along with several days of use of Winter Parks excavator (soft dollars had we been paying to rent) we have spent over $9,200 in a two-year period renting this specialty equipment. In 2011-12 public works rented a mini excavator for various trail maintenance projects along the Fraser River trail to include bridge abutment stabilization, repairing sloughs, clearing culverts and dredging logs and other such items from the stream bed. During the Fraser River trail extension project staff shared the Town of Winter Parks mini-ex to work on Fraser's side of the trail extension. From time-to-time staff borrows WP's mini- ex to complete other projects such as exposing and repairing sewer man holes, valve box repairs, landscaping needs such as placing large boulders and planting (removal) of trees and clearing plugged culverts throughout town and tree slash removal. By owning our equipment there is a cost saving in both time and dollars when it comes to sending staff to the rental store to pick-up/drop-off the equipment, daily sometimes, and it also allows staff to stay on projects longer with fewer interruptions. In addition, by owning this equipment we would be able to reduce expenses related to certain projects that are budgeted using contractors such as sewer man hole repairs and water valve repairs. Purchasing used equipment offers some benefits specifically related to equipment depreciation since that hit is realized by the original purchaser. If one is fortunate enough to be provided maintenance records that information can certainly give one some n of IC::uIT ,4;e r 0 II.ox ,370 Il eraser, CO 80442 office 970 726...549`1 fax 9 70...726...5518 knowledge of the type of maintenance the machine has received and that we're not buying a bucket of bolts. Major repairs on heavy equipment are usually quite costly. The Public works Street Supervisor researched several machines, both new and used, on the internet and locally and found that there isn't much available. Auctions can be a great way to get used equipment but typically don't come with warranties or the number of useful attachments that a new quote can offer. Although used pricing is lower than new, many of these units had high hours of operation and were in need of a few thousand dollars in repairs once purchased. The price quote we received for this mini-ex is a municipal offering that is discounted 36% below list, or what it is sold for to the general public. One benefit of purchasing new over used for this type of equipment is that municipalities don't pay sales tax, so we don't actually see the direct hit of the 15-20% depreciation once the equipment leaves the show room and end up with an approximate additional 15% savings. This quoted unit includes a total of eight (8) attachments to include additional buckets, compactor wheel and a hydraulic `thumb' along with a grading bucket that will allow staff to shape drainage swales properly. Bobcat Excavator municipal discount pricing of$30,443 includes 7 separate attachments at a cost of$6,695 for a total purchase price of$37,138, includes freight and handling. Staff recommendation for approval of Resolution No. 2013-04-05 for the expenditure of funds in the amount of$37,138.00 for a new Bobcat Compact Excavator as quoted by Bobcat of the Rockies, quote #16426D016479. Street Sweeper: It is public works responsibility to maintain and protect our public roadways from untimely and unnecessary repairs and replacement. This is a goal the public works staff is proud of, having clean streets throughout town proving a caring and professional appearance while minimizing unnecessary wear and tear to the street surfaces. Our current street sweeper is a used 1992 Athey Top Gun mechanical sweeper that was purchased in 1999 and has over 7,600 hours, 26,000 miles and thousands of dollars in dealer and staff time repairs into this 21 year old unit. During the 14 years that Fraser has owned this unit, public works staff has made valiant efforts to keep this sweeper well maintained and operational. Despite all of those efforts and dollars spent on this antiquated machine the fact remains that repair parts are no longer available, and that this unit is nearing the end of its useful life most likely this summer. Stated simply, its terminal! For both operational and safety considerations it is past time to upgrade to a more modern piece of equipment that will properly function to clean the streets of Fraser and something that provides a safe and healthy environment for the operators running this equipment. It is anticipated that this equipment will have a 12-15 year life span. Outlined below are five options for consideration: Option 1 — Purchase of a new 2013 street sweeping unit on a 5-year government financed program at a cost of$293,980 or approximately $61,800/year annual payment. Delivery of this unit would be in the fall of'13. n of IC::uIT ,,;e r II.ox370 Il eraser, CO 80442 office 970 726...549`1 fax 9 70...726...5518 Option 2— Purchase of a new 2012 Demo street sweeping unit (full warranty) on a 5- year government financed program at a cost of$238,500 or approximately $50,000/year annual payment. Delivery of this unit would be following signing of contract, if still available. Option 3— Purchase a used (10-12 year old) sweeper unit in the range of$100,000 to $135,000. These units are typically municipal units traded-in on new units that should have maintenance records. The mechanical sweeper component of these trade-in units can be rebuilt so that the life of the sweeper is extended for several years. Option 4—Contract with a local parking lot sweeping company at a rate of$100/hour. Based on past sweeping habits (current Athey sweeper) it takes approximately 315 hours to perform the `initial clean-up' of the streets in town in the spring. At $100/hour that's a total of$31,500 for just the first trip out. Public works typically sweeps the streets twice a week on a rotating schedule throughout the summer months. Option 5— Finally, the do nothing approach which is the least favorable option and one that I strongly recommend against. Staff recommendation for approval of Resolution No. 2013-04-06 for the expenditure of funds in the amount of$293,980 for the purchase of a street sweeper for the public works department, specifically a 2013 Street Sweeper, on a 5-year municipal finance lease purchase program with the most viable financing option as determined by the finance manager. n of IC::uIT ,,;e r 0 II.oD Il:urveurv, CO D office 970 ... `1 fax 9 70 TOWN OF FRASER RESOLUTION NO. 2013-04-05 A RESOLUTION AUTHORIZING EXPENDITURES FOR THE PURCHASE OF A NEW COMPACT EXCAVATOR AND ATTACHMENTS AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby authorizes expenditures not to exceed $37,500 for a 2013 Bobcat Compact Excavator and attachments as outlined by the Public Works Director's supplemental briefing and authorizes the Town Manager to enter into a contract for this purchase. 2. This purchase must be executed within fiscal year 2013 or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 17th DAY OF APRIL, 2013. Votes in favor: _ BOARD OF TRUSTEES OF THE Votes opposed: _ TOWN OF FRASER, COLORADO Absent: _ Abstained: _ BY: Mayor ATTEST: (S E A L) Town Clerk TOWN OF FRASER RESOLUTION NO. 2013-04-06 A RESOLUTION AUTHORIZING EXPENDITURES FOR THE PURCHASE OF A NEW STREET SWEEPER AND AUTHORIZING THE TOWN MANAGER TO ENTER INTO A CONTRACT. BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, COLORADO THAT: 1. The Town Board of Fraser, Colorado hereby authorizes expenditures for the purchase of a 2013 Elgin Eagle Street Sweeper as outlined by the Public Works Director's supplemental briefing and per the Faris Machinery proposal dated March 28, 2013 and authorizes the Town Manager to enter into a contract for this purchase. 2. This will be a municipal lease purchase program with annual payments made over a 5- year period as determined by the Finance Manager. 3. This purchase must be executed within fiscal year 2013 or this approval shall no longer be effective. READ, PASSED ON ROLL CALL VOTE, AND ADOPTED BY THE BOARD OF TRUSTEES THIS 17th DAY OF APRIL, 2013. 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As you remember January's adjusted sales tax collections were up nearly 10.5%, February's adjusted collections dropped to just half a percent. Winter Park had an 8% increase in their February collections and after discussing this with Mr. Bill, it appears Winter Park's number was right on —not unduly influenced by receipts belonging to other months or years (which we adjust for). All of our large submitters were collected for February, so I do not expect to see a huge adjustment back to February from March receipts. So an anomaly we have for the month of February, one which I will continue to ponder as time permits. Bottom line, we are still running roughly 9% up in collections year-to-date over this time period last year(Jan. and Feb.). No other big news to report, doing the normal quarter-end and weekly duties, continuing the work on the audit draft, and keeping up with the increase in meetings at this point. As always please contact me with any questions or concerns you might have: 726-5491 X206 or at nhavensa-town.fraser.co.us. TOW11 Offrs ser PO Box 770.1 Frn iser.l CO 80442 office 970 726 5491 faix 970 726 55 18 TOWN OF FRASER COMBINED CASH INVESTMENT MARCH 31,2013 COMBINED CASH ACCOUNTS 01-10200 GENERAL CHECKING#878-000884 25,684.56 01-10220 GENERAL CO-01-0160-8001 6,868,726.13 TOTAL COMBINED CASH 6,894,410.69 01-10100 CASH ALLOCATED TO OTHER FUNDS ( 6,894,410.69) TOTAL UNALLOCATED CASH .00 CASH ALLOCATION RECONCILIATION 10 ALLOCATION TO GENERAL FUND 2,797,243.88 20 ALLOCATION TO CONSERVATION TRUST FUND 17,628.30 30 ALLOCATION TO CAPITAL EQUIP REPLACEMENT FUND 535,171.28 32 ALLOCATION TO CAPITAL ASSET FUND 40,081.47 40 ALLOCATION TO DEBT SERVICE FUND 588,824.45 50 ALLOCATION TO WATER FUND 614,894.15 55 ALLOCATION TO WASTEWATER FUND 2,300,567.16 TOTAL ALLOCATIONS TO OTHER FUNDS 6,894,410.69 ALLOCATION FROM COMBINED CASH FUND-01-10100 ( 6,894,410.69) ZERO PROOF IF ALLOCATIONS BALANCE .00 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:1 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 GENERALFUND ASSETS 10-10100 CASH-COMBINED FUND 2,797,243.88 10-11100 PROPERTY TAXES RECEIVABLE 218,291.00 10-11550 ACCTS REC-BILLINGS 119,028.32 10-12000 ALLOWANCE FOR DOUBTFUL ACCTS. ( 20,409.55) TOTAL ASSETS 3,114,153.65 LIABILITIES AND EQUITY LIABILITIES 10-21000 ACCRUED WAGES 24,017.38 10-21710 FWT/FICA PAYABLE 8,771.59 10-21730 STATE WITHHOLDING PAYABLE 3,535.00 10-21740 UNEMPLOYMENT TAXES PAYABLE 29.73 10-21750 RETIREMENT PLAN PAYABLE 2,856.84 10-21755 457 DEFERRED COMP PAYABLE 1,999.60 10-21760 HEALTH INSURANCE PAYABLE 19,619.82 10-21773 DEPENDENT CARE PAYABLE ( 1,787.74) 10-21775 FLEX HEALTH PLAN PAYABLE 2,050.09 10-22210 DEFERRED TAXES 218,291.35 10-22920 SUBDIVISION IMP SECURITY DEP 18,238.20 10-22930 DRIVEWAY PERMIT SURETY 6,500.00 10-22940 PRE-ANNEXATION DEPOSIT-BPR 10,000.00 10-22950 RENTAL PROPERTY DEPOSITS HELD 750.00 TOTAL LIABILITIES 314,871.86 FUND EQUITY 10-27000 RESFUND BAL-SAVINGS 750,000.00 10-27100 RESTRICTED FUND BALANCE 223,805.00 UNAPPROPRIATED FUND BALANCE: 10-29800 FUND BALANCE-BEGINNING OF YR 1,859,551.16 REVENUE OVER EXPENDITURES-YTD ( 34,074.37) BALANCE-CURRENT DATE 1,825,476.79 TOTAL FUND EQUITY 2,799,281.79 TOTAL LIABILITIES AND EQUITY 3,114,153.65 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:2 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT TAXES 10-31-100 GENERAL FUND PROPERTY TAX 52,597.73 71,860.82 218,500.00 146,639.18 32.9 10-31-200 SPECIFIC OWNERSHIP TAX 778.54 1,465.63 8,000.00 6,534.37 18.3 10-31-300 MOTOR VEHICLE TAX 372.50 652.00 4,000.00 3,348.00 16.3 10-31-400 TOWN SALES TAX 154,698.17 154,698.17 1,600,000.00 1,445,301.83 9.7 10-31-410 USE TAX-BUILDING MATERIALS 11,241.30 14,014.01 40,000.00 25,985.99 35.0 10-31-420 USE TAX-MOTOR VEHICLE SALES 4,722.30 10,008.42 35,000.00 24,991.58 28.6 10-31-430 STATE CIGARETTE TAX 401.97 401.97 4,500.00 4,098.03 8.9 10-31-800 FRANCHISE FEES 3,978.14 3,978.14 40,000.00 36,021.86 10.0 TOTAL TAXES 228,790.65 257,079.16 1,950,000.00 1,692,920.84 13.2 LICENSES&PERMITS 10-32-100 BUSINESS LICENSE FEES 520.00 660.00 10,500.00 9,840.00 6.3 10-32-110 LIQUOR LICENSE FEES .00 297.50 2,000.00 1,702.50 14.9 TOTAL LICENSES&PERMITS 520.00 957.50 12,500.00 11,542.50 7.7 CHARGES FOR SERVICES 10-34-100 ANNEXATION FEES .00 .00 1,000.00 1,000.00 .0 10-34-110 ZONING FEES .00 .00 1,500.00 1,500.00 .0 10-34-120 SUBDIVISION FEES 650.00 650.00 1,500.00 850.00 43.3 10-34-130 MISCELLANEOUS PLANNING FEES 50.00 50.00 1,000.00 950.00 5.0 TOTAL CHARGES FOR SERVICES 700.00 700.00 5,000.00 4,300.00 14.0 MISCELLANEOUS REVENUE 10-36-100 INTEREST EARNINGS 330.84 1,028.72 5,500.00 4,471.28 18.7 10-36-300 RENTAL INCOME 300.00 2,115.00 9,000.00 6,885.00 23.5 10-36-610 REIMBURSABLE-PROF SERVICES 69,993.96 94,654.21 25,000.00 ( 69,654.21) 378.6 10-36-900 MISCELLANEOUS REVENUE 81.47 12,777.83 35,000.00 22,222.17 36.5 TOTAL MISCELLANEOUS REVENUE 70,706.27 110,575.76 74,500.00 ( 36,075.76) 148.4 OTHER SOURCES&TRANSFERS 10-39-900 TRANSFERS IN FROM OTHER FUNDS .00 .00 21,500.00 21,500.00 .0 10-39-999 CARRYOVER BALANCE .00 .00 1,718,462.00 1,718,462.00 .0 TOTAL OTHER SOURCES&TRANSFERS .00 .00 1,739,962.00 1,739,962.00 .0 TOTAL FUND REVENUE 300,716.92 369,312.42 3,781,962.00 3,412,649.58 9.8 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:3 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT TOWN BOARD 10-41-110 SALARIES 5,460.00 5,460.00 26,000.00 20,540.00 21.0 10-41-220 FICA TAX 417.69 417.69 1,989.00 1,571.31 21.0 10-41-280 TRAINING PROGRAMS 115.75 115.75 2,000.00 1,884.25 5.8 10-41-290 TRAVEL,MEALS AND LODGING 360.32 546.44 3,000.00 2,453.56 18.2 10-41-295 MEALS AND ENTERTAINMENT 787.95 941.87 6,000.00 5,058.13 15.7 10-41-690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0 10-41-860 GRANTS AND AID TO AGENCIES 500.00 500.00 .00 ( 500.00) .0 10-41-861 INTERGOVERNMENTAL AGREEMENTS .00 .00 14,500.00 14,500.00 .0 10-41-862 FRASER/WINTER PARK POLICE DEPT 109,388.95 109,388.95 404,000.00 294,611.05 27.1 10-41-863 STREET LIGHTING AND SIGNALS 1,282.89 2,636.56 15,000.00 12,363.44 17.6 10-41-864 SPECIAL EVENTS .00 .00 30,000.00 30,000.00 .0 10-41-867 CHAMBER OF COMMERCE-IGA .00 .00 53,280.00 53,280.00 .0 10-41-868 WINTER SHUTTLE-IGA 10,000.00 30,000.00 50,000.00 20,000.00 60.0 10-41-871 BUSINESS ENHANCEMENT PROGRAMS .00 .00 10,000.00 10,000.00 .0 TOTAL TOWN BOARD 128,313.55 150,007.26 618,769.00 468,761.74 24.2 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:4 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-45-110 SALARIES 22,235.59 51,883.04 202,250.00 150,366.96 25.7 10-45-210 HEALTH INSURANCE 5,444.54 10,889.08 40,000.00 29,110.92 27.2 10-45-220 FICA TAX 1,590.30 3,710.70 15,472.00 11,761.30 24.0 10-45-230 RETIREMENT 873.27 2,037.63 8,090.00 6,052.37 25.2 10-45-250 UNEMPLOYMENT TAX 66.69 155.61 607.00 451.39 25.6 10-45-280 TRAINING PROGRAMS 30.00 255.00 2,000.00 1,745.00 12.8 10-45-290 TRAVEL,MEALS AND LODGING 681.64 681.64 2,000.00 1,318.36 34.1 10-45-295 MEALS AND ENTERTAINMENT 112.10 132.19 3,000.00 2,867.81 4.4 10-45-310 LEGAL FEES 5,860.00 13,780.00 35,000.00 21,220.00 39.4 10-45-320 AUDIT FEES 8,600.00 8,600.00 15,496.00 6,896.00 55.5 10-45-330 ENGINEERING FEES .00 298.79 5,000.00 4,701.21 6.0 10-45-360 COMPUTERS-NETWORKS AND SUPPORT 2,128.37 6,744.24 25,000.00 18,255.76 27.0 10-45-370 OTHER PROFESSIONAL SERVICES 2,255.00 4,703.70 40,000.00 35,296.30 11.8 10-45-375 REIMBURSABLE PROF SERVICES 70,078.64 72,870.84 25,000.00 ( 47,870.84) 291.5 10-45-380 JANITORIAL SERVICES 734.98 1,354.98 15,000.00 13,645.02 9.0 10-45-385 TREASURER'S FEES 1,051.95 1,437.21 6,555.00 5,117.79 21.9 10-45-395 RECORDING FEES .00 .00 1,000.00 1,000.00 .0 10-45-410 BANK CHARGES ( 40.70) 232.90 800.00 567.10 29.1 10-45-420 ELECTIONS .00 .00 2,500.00 2,500.00 .0 10-45-430 INSURANCE-ALL DEPARTMENTS .00 27,374.00 40,000.00 12,626.00 68.4 10-45-440 ADVERTISING 350.53 918.82 1,500.00 581.18 61.3 10-45-490 PROFESSIONAL MEMBERSHIPS 1,803.00 5,868.00 7,000.00 1,132.00 83.8 10-45-500 OPERATING SUPPLIES 601.00 1,614.72 12,000.00 10,385.28 13.5 10-45-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 10,000.00 10,000.00 .0 10-45-550 POSTAGE 183.22 183.22 1,500.00 1,316.78 12.2 10-45-560 UTILITIES-TELEPHONE 570.97 1,100.74 6,000.00 4,899.26 18.4 10-45-561 UTILITIES-NATURAL GAS 806.70 1,284.75 5,500.00 4,215.25 23.4 10-45-562 UTILITIES-ELECTRICITY 511.36 1,092.71 6,500.00 5,407.29 16.8 10-45-569 UTILITIES-TRASH REMOVAL 75.00 225.00 2,000.00 1,775.00 11.3 10-45-670 PROP MGMT-117 EISENHOWER DR 1,488.85 2,726.63 10,000.00 7,273.37 27.3 10-45-671 PROP MGMT-105 FRASER AVE .00 .00 500.00 500.00 .0 10-45-673 PROP MGMT-153 FRASER AVE 177.29 307.79 6,000.00 5,692.21 5.1 10-45-674 PROP MGMT-200 EISENHOWER DR .00 .00 500.00 500.00 .0 10-45-676 PROP MGMT-400 DOC SUSIE AVE 196.11 437.66 500.00 62.34 87.5 10-45-690 MISCELLANEOUS EXPENSE 750.00 1,750.00 7,500.00 5,750.00 23.3 10-45-810 LEASE/PURCHASE-PRINCIPAL 9,060.11 9,060.11 18,343.00 9,282.89 49.4 10-45-820 LEASE/PURCHASE-INTEREST 10,126.77 10,126.77 20,032.00 9,905.23 50.6 TOTAL ADMINISTRATION 148,403.28 243,838.47 600,145.00 356,306.53 40.6 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:5 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT PUBLIC WORKS 10-60-110 SALARIES 42,245.76 86,776.87 360,000.00 273,223.13 24.1 10-60-210 HEALTH INSURANCE 10,757.72 20,420.03 69,500.00 49,079.97 29.4 10-60-220 FICA TAX 3,044.75 6,242.30 27,540.00 21,297.70 22.7 10-60-230 RETIREMENT 1,384.16 2,944.63 14,400.00 11,455.37 20.5 10-60-250 UNEMPLOYMENTTAX 126.71 260.28 1,080.00 819.72 24.1 10-60-260 WORKERS COMP CLAIMS .00 187.20 .00 ( 187.20) .0 10-60-280 TRAINING PROGRAMS 3.43 53.43 1,000.00 946.57 5.3 10-60-290 TRAVEL,MEALS AND LODGING .00 .00 1,000.00 1,000.00 .0 10-60-295 MEALS AND ENTERTAINMENT 298.05 298.05 500.00 201.95 59.6 10-60-330 ENGINEERING FEES 264.00 2,100.61 10,000.00 7,899.39 21.0 10-60-360 COMPUTER NETWORK SUPPORT .00 .00 1,500.00 1,500.00 .0 10-60-370 OTHER PROFESSIONAL SERVICES .00 429.45 2,500.00 2,070.55 17.2 10-60-480 EQUIPMENT RENTAL .00 .00 2,500.00 2,500.00 .0 10-60-490 PROFESSIONAL MEMBERSHIPS 100.00 100.00 250.00 150.00 40.0 10-60-500 OPERATING SUPPLIES 12,408.29 17,904.47 60,000.00 42,095.53 29.8 10-60-506 PLANTS/PLANTER SUPPLIES .00 .00 10,000.00 10,000.00 .0 10-60-510 EQUIPMENT PURCHASE AND REPAIR 5,997.33 6,657.34 30,000.00 23,342.66 22.2 10-60-560 UTILITIES-TELEPHONE 247.92 382.19 2,500.00 2,117.81 15.3 10-60-561 UTILITIES-NATURAL GAS 1,146.47 1,998.67 5,500.00 3,501.33 36.3 10-60-562 UTILITIES-ELECTRICITY 204.23 396.58 2,500.00 2,103.42 15.9 10-60-569 UTILITIES-TRASH REMOVAL 80.01 237.47 2,000.00 1,762.53 11.9 10-60-670 PROP MGMT-125 FRASER AVE .00 39.50 2,500.00 2,460.50 1.6 10-60-673 PROP MGMT-FRASER RIVER TRAIL .00 .00 5,000.00 5,000.00 .0 10-60-676 PROP MGMT-OLD SCHLHOUSE PK .00 .00 500.00 500.00 .0 10-60-679 PROP MGMT-SCHOOL BUS GARAGE 747.09 1,300.14 6,000.00 4,699.86 21.7 10-60-681 PROP MGMT-COZENS RANCH PARK .00 .00 5,000.00 5,000.00 .0 10-60-682 PROP MGMT-AMTRAK STATION .00 13.48 .00 ( 13.48) .0 10-60-684 PROP MGMT-FRODO .00 .00 21,500.00 21,500.00 .0 10-60-690 MISCELLANEOUS EXPENSE .00 .00 1,000.00 1,000.00 .0 10-60-725 STREET IMPROVEMENTS 1,108.05 1,108.05 25,000.00 23,891.95 4.4 10-60-730 CAPITAL PROJECTS ( 153,000.00) ( 153,000.00) .00 153,000.00 .0 TOTAL PUBLIC WORKS ( 72,836.03) ( 3,149.26) 670,770.00 673,919.26 ( .5) 120 ZEREX AVENUE 10-65-370 OTHER PROFESSIONAL SERVICES .00 .00 10,000.00 10,000.00 .0 10-65-380 JANITORIAL SERVICES 400.00 850.00 5,500.00 4,650.00 15.5 10-65-560 UTILITIES-TELEPHONE 41.57 83.14 500.00 416.86 16.6 10-65-561 UTILITIES-NATURAL GAS 221.88 373.06 1,500.00 1,126.94 24.9 10-65-562 UTILITIES-ELECTRICITY 86.82 178.29 1,000.00 821.71 17.8 10-65-670 PROP MGMT-120ZEREX 1,531.00 1,576.18 .00 ( 1,576.18) .0 TOTAL 120 ZEREX AVENUE 2,281.27 3,060.67 18,500.00 15,439.33 16.5 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:6 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 GENERALFUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT TRANSFERS 10-90-935 TRANSFER TO CAF .00 .00 75,000.00 75,000.00 .0 10-90-940 TRANSFER TO DEBT SERVICE FUND .00 .00 247,610.00 247,610.00 .0 TOTAL TRANSFERS .00 .00 322,610.00 322,610.00 .0 FISCAL AGENT 10-95-110 SALARIES 6,177.54 6,177.54 .00 ( 6,177.54) .0 10-95-210 HEALTH INSURANCE 2,745.79 2,745.79 .00 ( 2,745.79) .0 10-95-220 FICA TAX 440.69 440.69 .00 ( 440.69) .0 10-95-230 RETIREMENT 247.10 247.10 .00 ( 247.10) .0 10-95-250 UNEMPLOYMENT TAX 18.53 18.53 .00 ( 18.53) .0 TOTAL FISCAL AGENT 9,629.65 9,629.65 .00 ( 9,629.65) .0 TOTAL FUND EXPENDITURES 215,791.72 403,386.79 2,230,794.00 1,827,407.21 18.1 NET REVENUE OVER EXPENDITURES 84,925.20 ( 34,074.37) 1,551,168.00 1,585,242.37 ( 2.2) FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:7 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 CONSERVATION TRUST FUND ASSETS 20-10100 CASH-COMBINED FUND 17,628.30 TOTAL ASSETS 17,628.30 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 20-29800 FUND BALANCE-BEGINNING OF YR 15,877.41 REVENUE OVER EXPENDITURES-YTD 1,750.89 BALANCE-CURRENT DATE 17,628.30 TOTAL FUND EQUITY 17,628.30 TOTAL LIABILITIES AND EQUITY 17,628.30 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:8 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 20-30-100 CONS TRUST(LOTTERY)PROCEEDS 1,745.62 1,745.62 6,000.00 4,254.38 29.1 20-30-800 INTEREST EARNINGS 1.66 5.27 60.00 54.73 8.8 20-30-999 CARRYOVER BALANCE .00 .00 15,669.00 15,669.00 .0 TOTAL REVENUE 1,747.28 1,750.89 21,729.00 19,978.11 8.1 TOTAL FUND REVENUE 1,747.28 1,750.89 21,729.00 19,978.11 8.1 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:9 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 CONSERVATION TRUST FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 20-40-910 TRANSFER TO GENERAL FUND .00 .00 21,500.00 21,500.00 .0 TOTAL EXPENDITURES .00 .00 21,500.00 21,500.00 .0 TOTAL FUND EXPENDITURES .00 .00 21,500.00 21,500.00 .0 NET REVENUE OVER EXPENDITURES 1,747.28 1,750.89 229.00 ( 1,521.89) 764.6 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:10 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 CAPITAL EQUIP REPLACEMENT FUND ASSETS 30-10100 CASH-COMBINED FUND 535,171.28 TOTAL ASSETS 535,171.28 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 30-29800 FUND BALANCE-BEGINNING OF YR 527,931.47 REVENUE OVER EXPENDITURES-YTD 7,239.81 BALANCE-CURRENT DATE 535,171.28 TOTAL FUND EQUITY 535,171.28 TOTAL LIABILITIES AND EQUITY 535,171.28 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:11 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 30-30-100 HWY USE TAX PROCEEDS 3,491.93 7,032.45 44,152.00 37,119.55 15.9 30-30-800 INTEREST EARNINGS 64.67 207.36 300.00 92.64 69.1 30-30-920 TRANSFER FROM UTILITY FUNDS .00 .00 20,000.00 20,000.00 .0 30-30-999 CARRYOVER BALANCE .00 .00 525,548.00 525,548.00 .0 TOTAL REVENUE 3,556.60 7,239.81 590,000.00 582,760.19 1.2 TOTAL FUND REVENUE 3,556.60 7,239.81 590,000.00 582,760.19 1.2 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:12 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 CAPITAL EQUIP REPLACEMENT FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 30-40-745 PUBLIC SAFETY FLEET PURCHASE .00 .00 40,000.00 40,000.00 .0 30-40-750 REGULAR FLEET PURCHASE .00 .00 40,000.00 40,000.00 .0 30-40-755 HEAVY EQUIPMENT PURCHASE .00 .00 150,000.00 150,000.00 .0 TOTAL EXPENDITURES .00 .00 230,000.00 230,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 230,000.00 230,000.00 .0 NET REVENUE OVER EXPENDITURES 3,556.60 7,239.81 360,000.00 352,760.19 2.0 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:13 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 CAPITAL ASSET FUND ASSETS 32-10100 CASH-COMBINED FUND 40,081.47 TOTAL ASSETS 40,081.47 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 32-29800 FUND BALANCE-BEGINNING OF YR 40,065.68 REVENUE OVER EXPENDITURES-YTD 15.79 BALANCE-CURRENT DATE 40,081.47 TOTAL FUND EQUITY 40,081.47 TOTAL LIABILITIES AND EQUITY 40,081.47 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:14 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CAPITAL ASSET REVENUE 32-30-800 INTEREST EARNINGS 4.97 15.79 425.00 409.21 3.7 32-30-910 TRANSFER IN FROM GENERAL FUND .00 .00 75,000.00 75,000.00 .0 32-30-940 TRANSFER IN FROM DSF .00 .00 175,000.00 175,000.00 .0 32-30-999 CARRYOVER FUND BALANCE .00 .00 40,900.00 40,900.00 .0 TOTAL CAPITAL ASSET REVENUE 4.97 15.79 291,325.00 291,309.21 .0 TOTAL FUND REVENUE 4.97 15.79 291,325.00 291,309.21 .0 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:15 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 CAPITAL ASSET FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT CAPITAL ASSET EXPENDITURES 32-40-810 CAPITAL PROJ-STREETS EXISTING .00 .00 250,000.00 250,000.00 .0 TOTAL CAPITAL ASSET EXPENDITURES .00 .00 250,000.00 250,000.00 .0 TOTAL FUND EXPENDITURES .00 .00 250,000.00 250,000.00 .0 NET REVENUE OVER EXPENDITURES 4.97 15.79 41,325.00 41,309.21 .0 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:16 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 DEBT SERVICE FUND ASSETS 40-10100 CASH-COMBINED FUND 588,824.45 40-11100 PROPERTY TAXES RECEIVABLE 80,000.00 TOTAL ASSETS 668,824.45 LIABILITIES AND EQUITY LIABILITIES 40-22210 DEFERRED PROPERTY TAXES 80,000.00 TOTAL LIABILITIES 80,000.00 FUND EQUITY 40-27000 RESFUND BAL-1 YEARS PAYMENT 300,000.00 40-27100 RESTRICTED FUND BALANCE 204,358.00 UNAPPROPRIATED FUND BALANCE: 40-29800 FUND BALANCE-BEGINNING OF YR 57,888.16 REVENUE OVER EXPENDITURES-YTD 26,578.29 BALANCE-CURRENT DATE 84,466.45 TOTAL FUND EQUITY 588,824.45 TOTAL LIABILITIES AND EQUITY 668,824.45 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:17 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT REVENUE 40-30-100 PROPERTY TAX 19,284.05 26,346.53 80,000.00 53,653.47 32.9 40-30-200 SPECIFIC OWNERSHIP TAX 285.44 537.35 3,000.00 2,462.65 17.9 40-30-800 INTEREST EARNINGS 68.81 221.34 250.00 28.66 88.5 40-30-910 TRANSFER IN FROM GENERAL FUND .00 .00 247,610.00 247,610.00 .0 40-30-990 TRANSFER IN FROM DSF RESERVES .00 .00 175,000.00 175,000.00 .0 TOTAL REVENUE 19,638.30 27,105.22 505,860.00 478,754.78 5.4 TOTAL FUND REVENUE 19,638.30 27,105.22 505,860.00 478,754.78 5.4 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:18 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 DEBT SERVICE FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 40-40-385 TREASURER'S FEES GO BOND 385.68 526.93 2,000.00 1,473.07 26.4 40-40-810 BOND PRINCIPAL-02 S&U ISSUE .00 .00 25,000.00 25,000.00 .0 40-40-811 BOND PRINCIPAL-98 GO ISSUE .00 .00 40,000.00 40,000.00 .0 40-40-812 BOND PRINCIPAL-98 S&U ISSUE .00 .00 160,000.00 160,000.00 .0 40-40-820 BOND INTEREST-02 S&U ISSUE .00 .00 8,338.00 8,338.00 .0 40-40-821 BOND INTEREST-98 GO ISSUE .00 .00 11,826.00 11,826.00 .0 40-40-822 BOND INTEREST-98 S&U ISSUE .00 .00 54,270.00 54,270.00 .0 40-40-850 BOND AGENT FEES .00 .00 2,500.00 2,500.00 .0 40-40-910 TRANSFER TO DSF RESERVES .00 .00 26,926.00 26,926.00 .0 40-40-920 TRANSFER TO OTHER FUNDS .00 .00 175,000.00 175,000.00 .0 TOTAL EXPENDITURES 385.68 526.93 505,860.00 505,333.07 .1 TOTAL FUND EXPENDITURES 385.68 526.93 505,860.00 505,333.07 .1 NET REVENUE OVER EXPENDITURES 19,252.62 26,578.29 .00 ( 26,578.29) .0 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:19 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 WATER FUND ASSETS 50-10100 CASH-COMBINED FUND 614,894.15 50-10290 CASH W/TREASURER-COLLECTIONS 4,782.98 50-11500 A/R CUSTOMER SERVICE CHARGES 165,374.43 50-16100 LAND 100,000.00 50-16200 BUILDINGS 2,915,858.49 50-16203 WELLS SYSTEM 768,371.74 50-16212 WATER DISTRIBUTION/STORAGE 9,845,211.82 50-16213 WELLS 1,063,119.43 50-16400 EQUIPMENT 353,994.02 50-16500 WATER RIGHTS 19,775.86 50-17900 ACCUMULATED DEPRECIATION ( 3,517,338.67) TOTAL ASSETS 12,334,044.25 LIABILITIES AND EQUITY LIABILITIES 50-20775 DUE TO RENDEZVOUS-TAPS 7,700.00 50-21100 ACCRUED PTO AND BENEFITS 5,935.91 TOTAL LIABILITIES 13,635.91 FUND EQUITY 50-27000 RESFUND BAL-O&M 260,000.00 UNAPPROPRIATED FUND BALANCE: 50-29800 RETAINED EARNINGS 11,971,672.51 REVENUE OVER EXPENDITURES-YTD 88,735.83 BALANCE-CURRENT DATE 12,060,408.34 TOTAL FUND EQUITY 12,320,408.34 TOTAL LIABILITIES AND EQUITY 12,334,044.25 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:20 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT LICENSES&PERMITS 50-32-100 EXCAVATION PERMIT FEES .00 .00 200.00 200.00 .0 TOTAL LICENSES&PERMITS .00 .00 200.00 200.00 .0 CHARGES FOR SERVICES 50-34-100 CUSTOMER SERVICE CHARGES 165,758.08 165,758.08 643,364.00 477,605.92 25.8 50-34-150 PENALTIES&INTEREST 1,329.53 2,350.73 1,000.00 ( 1,350.73) 235.1 50-34-200 PLANT INVESTMENT FEES .00 .00 8,000.00 8,000.00 .0 50-34-300 WATER METER SALES 850.00 850.00 500.00 ( 350.00) 170.0 TOTAL CHARGES FOR SERVICES 167,937.61 168,958.81 652,864.00 483,905.19 25.9 MISCELLANEOUS REVENUE 50-36-100 INTEREST EARNINGS 77.10 258.83 1,000.00 741.17 25.9 50-36-900 MISCELLANEOUS REVENUE 50.00 638.94 2,500.00 1,861.06 25.6 TOTAL MISCELLANEOUS REVENUE 127.10 897.77 3,500.00 2,602.23 25.7 OTHER SOURCES&TRANSFERS 50-39-999 CARRYOVER BALANCE .00 .00 337,393.00 337,393.00 .0 TOTAL OTHER SOURCES&TRANSFERS .00 .00 337,393.00 337,393.00 .0 TOTAL FUND REVENUE 168,064.71 169,856.58 993,957.00 824,100.42 17.1 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:21 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 50-40-110 SALARIES 17,838.98 40,065.28 165,000.00 124,934.72 24.3 50-40-210 HEALTH INSURANCE 4,748.33 9,449.35 30,000.00 20,550.65 31.5 50-40-220 FICA TAX 1,257.93 2,817.19 11,000.00 8,182.81 25.6 50-40-230 RETIREMENT 681.23 1,551.54 6,600.00 5,048.46 23.5 50-40-250 UNEMPLOYMENT TAX 53.05 119.83 495.00 375.17 24.2 50-40-280 TRAINING PROGRAMS .00 .00 3,000.00 3,000.00 .0 50-40-290 TRAVEL,MEALS AND LODGING .00 .00 3,000.00 3,000.00 .0 50-40-295 MEALS AND ENTERTAINMENT 15.70 15.70 2,000.00 1,984.30 .8 50-40-310 LEGAL FEES 8,095.00 8,095.00 35,000.00 26,905.00 23.1 50-40-330 ENGINEERING FEES 552.50 552.50 20,000.00 19,447.50 2.8 50-40-360 COMPUTERS-NETWORKS AND SUPPORT 197.44 592.32 10,000.00 9,407.68 5.9 50-40-370 OTHER PROFESSIONAL SERVICES 1.63 5.71 5,000.00 4,994.29 .1 50-40-430 INSURANCE .00 .00 20,000.00 20,000.00 .0 50-40-440 ADVERTISING .00 .00 500.00 500.00 .0 50-40-460 SYSTEM REPAIR AND MAINT-PROD 419.95 419.95 35,000.00 34,580.05 1.2 50-40-465 SYSTEM REPAIR AND MAINT-DIST 502.65 733.26 30,000.00 29,266.74 2.4 50-40-490 PROFESSIONAL MEMBERSHIPS .00 1,370.00 8,000.00 6,630.00 17.1 50-40-500 OPERATING SUPPLIES-PRODUCTION 370.56 2,950.86 25,000.00 22,049.14 11.8 50-40-505 OPERATING SUPPLIES-DISTRIB 1,089.36 4,260.07 20,000.00 15,739.93 21.3 50-40-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 5,000.00 5,000.00 .0 50-40-520 TESTING .00 .00 3,000.00 3,000.00 .0 50-40-550 POSTAGE&BILLING SUPPLIES 39.08 39.08 3,500.00 3,460.92 1.1 50-40-560 UTILITIES-TELEPHONE 249.49 477.53 3,500.00 3,022.47 13.6 50-40-562 UTILITIES-ELECTRICITY 3,716.60 7,524.46 50,000.00 42,475.54 15.1 50-40-670 PROP MGMT-FRASER WTP .00 75.00 2,000.00 1,925.00 3.8 50-40-680 PROP MGMT-MARYVALE WTP .00 .00 10,000.00 10,000.00 .0 50-40-690 MISCELLANEOUS EXPENSE 6.12 6.12 2,000.00 1,993.88 .3 50-40-715 WATER RIGHTS-DIVERSION&DEV .00 .00 260,000.00 260,000.00 .0 50-40-730 CAPITAL PROJECTS .00 .00 91,000.00 91,000.00 .0 50-40-930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0 50-40-970 TRANSFER TO O&M RESERVES .00 .00 100,000.00 100,000.00 .0 TOTAL EXPENDITURES 39,835.60 81,120.75 969,595.00 888,474.25 8.4 TOTAL FUND EXPENDITURES 39,835.60 81,120.75 969,595.00 888,474.25 8.4 NET REVENUE OVER EXPENDITURES 128,229.11 88,735.83 24,362.00 ( 64,373.83) 364.2 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:22 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 WASTEWATER FUND ASSETS 55-10100 CASH-COMBINED FUND 2,300,567.16 55-10290 CASH W/TREASURER-COLLECTIONS 3,018.99 55-11500 A/R CUSTOMER SERVICE CHARGES 164,189.35 55-11550 A/R-BILLINGS 7,105.50 55-15950 CAP REPL RES HELD W/JFOC 885,201.23 55-15955 O&M RESERVE HELD W/JFOC 45,070.00 55-16100 LAND 144,320.40 55-16200 SEWER TREATMENT PLANT 3,230,658.56 55-16210 METER BUILDING&IMPROVEMENTS 8,056.39 55-16220 SEWER COLLECTION SYSTEM 10,755,808.30 55-16250 CONSOLIDATED COLLECTION SYSTEM 279,069.00 55-16400 EQUIPMENT 37,385.17 55-17900 ACCUMULATED DEPRECIATION ( 718,254.97) 55-17905 ACCUM DEPR-PLANT/JFOC ( 41,859.16) 55-17910 ACCUM DEPR-SEWER COLLECT-FSD ( 2,942,788.35) 55-17915 ACCUM DEPR-EQUIPMENT ( 35,868.68) TOTAL ASSETS 14,121,678.89 LIABILITIES AND EQUITY LIABILITIES 55-21100 ACCRUED PTO AND BENEFITS 6,103.72 TOTAL LIABILITIES 6,103.72 FUND EQUITY UNAPPROPRIATED FUND BALANCE: 55-29800 RETAINED EARNINGS 13,090,317.86 55-29820 RETAINED EARNINGS-RESTRICTED 930,271.23 REVENUE OVER EXPENDITURES-YTD 94,986.08 BALANCE-CURRENT DATE 14,115,575.17 TOTAL FUND EQUITY 14,115,575.17 TOTAL LIABILITIES AND EQUITY 14,121,678.89 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:23 TOWN OF FRASER REVENUES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT CHARGES FOR SERVICES 55-34-100 CUSTOMER SERVICE CHARGES 154,147.70 154,147.70 616,580.00 462,432.30 25.0 55-34-150 PENALTIES&INTEREST 63.76 572.22 1,000.00 427.78 57.2 55-34-200 PLANT INVESTMENT FEES 7,500.00 7,500.00 7,500.00 .00 100.0 TOTAL CHARGES FOR SERVICES 161,711.46 162,219.92 625,080.00 462,860.08 26.0 MISCELLANEOUS REVENUE 55-36-100 INTEREST EARNINGS 281.88 900.70 2,000.00 1,099.30 45.0 55-36-500 JFF MANAGEMENT FEE 7,105.50 7,105.50 28,420.00 21,314.50 25.0 55-36-900 MISCELLANEOUS REVENUE .00 .00 1,500.00 1,500.00 .0 TOTAL MISCELLANEOUS REVENUE 7,387.38 8,006.20 31,920.00 23,913.80 25.1 OTHER SOURCES&TRANSFERS 55-39-999 CARRYOVER BALANCE .00 .00 2,092,733.00 2,092,733.00 .0 TOTAL OTHER SOURCES&TRANSFERS .00 .00 2,092,733.00 2,092,733.00 .0 TOTAL FUND REVENUE 169,098.84 170,226.12 2,749,733.00 2,579,506.88 6.2 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:24 TOWN OF FRASER EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 3 MONTHS ENDING MARCH 31,2013 WASTEWATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT EXPENDITURES 55-40-110 SALARIES 18,059.43 40,962.99 170,000.00 129,037.01 24.1 55-40-210 HEALTH INSURANCE 4,191.07 8,324.47 25,500.00 17,175.53 32.6 55-40-220 FICA TAX 1,310.87 2,971.01 12,500.00 9,528.99 23.8 55-40-230 RETIREMENT 683.58 1,572.40 6,500.00 4,927.60 24.2 55-40-250 UNEMPLOYMENT TAX 53.57 122.22 510.00 387.78 24.0 55-40-280 TRAINING PROGRAMS 55.00 55.00 2,000.00 1,945.00 2.8 55-40-290 TRAVEL,MEALS AND LODGING .00 .00 2,000.00 2,000.00 .0 55-40-295 MEALS AND ENTERTAINMENT .00 .00 500.00 500.00 .0 55-40-310 LEGAL FEES .00 .00 5,000.00 5,000.00 .0 55-40-330 ENGINEERING FEES .00 .00 10,000.00 10,000.00 .0 55-40-360 COMPUTERS-NETWORKS AND SUPPORT 197.44 592.32 6,000.00 5,407.68 9.9 55-40-370 OTHER PROFESSIONAL SERVICES .00 4.07 10,000.00 9,995.93 .0 55-40-410 BANK CHARGES .00 .00 100.00 100.00 .0 55-40-430 INSURANCE .00 .00 5,500.00 5,500.00 .0 55-40-440 ADVERTISING .00 .00 500.00 500.00 .0 55-40-460 SYSTEM REPAIR AND MAINT-COLLEC .00 .00 60,000.00 60,000.00 .0 55-40-490 PROFESSIONAL MEMBERSHIPS .00 .00 6,000.00 6,000.00 .0 55-40-500 OPERATING SUPPLIES-COLLECTIONS .00 .00 5,000.00 5,000.00 .0 55-40-510 EQUIPMENT PURCHASE AND REPAIR .00 .00 2,500.00 2,500.00 .0 55-40-520 TESTING .00 .00 1,000.00 1,000.00 .0 55-40-550 POSTAGE&BILLING SUPPLIES .00 .00 2,500.00 2,500.00 .0 55-40-560 UTILITIES-TELEPHONE 42.42 63.64 500.00 436.36 12.7 55-40-650 WW TREATMENT CHARGES/JFOC 14,583.93 20,571.92 188,000.00 167,428.08 10.9 55-40-690 MISCELLANEOUS EXPENSE .00 .00 3,000.00 3,000.00 .0 55-40-730 CAPITAL PROJECTS .00 .00 135,000.00 135,000.00 .0 55-40-930 TRANSFER TO CERF .00 .00 10,000.00 10,000.00 .0 TOTAL EXPENDITURES 39,177.31 75,240.04 670,110.00 594,869.96 11.2 TOTAL FUND EXPENDITURES 39,177.31 75,240.04 670,110.00 594,869.96 11.2 NET REVENUE OVER EXPENDITURES 129,921.53 94,986.08 2,079,623.00 1,984,636.92 4.6 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:25 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 GENERAL FIXED ASSETS ASSETS 91-16100 LAND 730,630.35 91-16200 ADMINISTRATION BUILDING 208,379.39 91-16203 MAINTENANCE BUILDING 57,722.51 91-16208 HOUSE-400 DOC SUSIE AVE 54,839.27 91-16209 VISITOR CENTER 183,895.00 91-16211 BUSBARN&105 FRASER AVE HOUSE 100,000.00 91-16250 CHURCH 267,000.00 91-16306 PARKS 367,800.08 91-16311 STREET IMPROVEMENTS 3,439,840.00 91-16312 HIGHWAY 40 PATH 8,872.00 91-16490 EQUIPMENT-OTHER 872,015.00 91-16500 OFFICE EQUIPMENT 57,261.75 91-17900 ACCUMULATED DEPRECIATION ( 2,260,048.61) TOTAL ASSETS 4,088,206.74 LIABILITIES AND EQUITY FUND EQUITY UNAPPROPRIATED FUND BALANCE: 91-29800 INVESTMENT IN FIXED ASSETS 4,088,206.74 BALANCE-CURRENT DATE 4,088,206.74 TOTAL FUND EQUITY 4,088,206.74 TOTAL LIABILITIES AND EQUITY 4,088,206.74 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:26 TOWN OF FRASER BALANCE SHEET MARCH 31,2013 GENERAL LONG-TERM DEBT ASSETS 95-18100 AMOUNT TO BE PROVIDED 3,131,161.31 TOTAL ASSETS 3,131,161.31 LIABILITIES AND EQUITY LIABILITIES 95-25050 2002 SERIAL BONDS 360,000.00 95-25060 1998 REVENUE REFUNDING BONDS 2,035,000.00 95-25070 1998 GENERAL OBLIGATION BONDS 475,000.00 95-25200 ACCRUED COMPENSATED ABSENCES 15,677.17 95-25500 CAPITAL LEASES KOMATSU LOADER 245,484.14 TOTAL LIABILITIES 3,131,161.31 TOTAL LIABILITIES AND EQUITY 3,131,161.31 FOR ADMINISTRATION USE ONLY 25%OF THE FISCAL YEAR HAS ELAPSED 04/09/2013 01:45PM PAGE:27 Fraser Building Activity 2013 CO ORA 0 Total Number of Building Permits Total for 2009 35 Total for 2010 36 Total for 2011 45 Total for 2012 49 2011 through March 7 2012 through March 3 2013 through March 12 Difference 2013 / 2012 9 Difference 2013 / 2011 5 Dollar Valuation (no hourly fee has valuation $ in 2011, 12) Total for 2009 $1,066,056 Total for 2010 $135,233 Total for 2011 $3,743,778 Total for 2012 $2,190,195 2011 through March $68,309 2012 through March $8,400 2013 through March $562,479 Difference 2013 / 2012 $554,079 Difference 2013 / 2011 $494,170 Building Fees Total for 2009 $13,284 Total for 2010 $3,644 Total for 2011 $40,277 Total for 2012 $27,412 2011 through March $1,773 2012 through March $242 2013 through March $6,296 Difference 2013 / 2012 $6,054 Difference 2013 / 2011 $4,523 New Residential Area 2013 through March 4,407 sq. ft. New Commercial Area 2013 through March 0 sq. ft. New Garage Area 2013 through March 875 sq. ft. New Deck/Patio Area 2013 through March 424 sq. ft. Clerks Update April 17, 2013 We issued the our first Medical Marijuana License to Serene Wellness on Wednesday April 4th. Staff and our Police Chief toured the facility prior to granting the license and Nat was happy to receive his license fee. I have been busy working with our seasonal employees, getting them ready to come back this spring. We are currently advertising for a gardener position for this summer. We will be conducting interviews at the end of April, beginning of May. I am receiving written comments from the public and have passed those onto you. They are also being added to the Board packet for May 1 sc If you have any questions, feel free to contact me @ 726-5491 x201 or Ibergeratown.fraser.co.us Lu COLORADO PUBLIC WORKS UPDATE (As of 04/11/2013 for 04/17 meeting) WATER— Fraser Valley Elementary: The Fire Chief for EGFPD #4 confirmed with me on Saturday March 30th that the EGSD had successfully interconnected the two fire suppression systems and that EGFPD has inspected and approved said modifications. This work was completed on March 26th. The EGSD also made some additional modifications to their water service line on the east side of their building and corrected/improved the feed into the fire system. TOF has inspected the service line work. ➢ The water service line to the school in Norgren apparently thawed over the weekend of 3/29 and water was again flowing to the school building on Monday April 1. PW Staff performed a bacterial water test on this line prior to placing it back into service. ➢ Please see the Public Works supplemental briefing for the request to re-approve the purchase of the telemetry system for Well No.7. SANITARY SEWER— Ordinance 404 status- Trustee Naill's question at the last meeting confirming that the language as written in this ordinance is consistent throughout the municipal code; we are progressively working on updating the sanitary sewer utility language to reflect consistency with the water utility language. During the consolidation of the FSD into the Town, the sewer section language was taken directly from the District's code and inserted into the Fraser Municipal Code to expedite the consolidation process. Though this update has been on our work plan for some time now, it has certainly taken the back seat to getting completed. Thanks to Trustee Naill for bringing this matter to our attention. We intend to bring the updated revisions back to the board as soon as the updates are completed. ➢ Please see the Public Works supplemental briefing for the request to expend funds for the 2013 annual sewer collection system Video Inspection and Maintenance program. Estimated date for this year's project would be late May into June. As a consent agenda item, please contact me in advance of the meeting if you have any questions STREETS— Please see the Public Works supplemental briefing outlining the 2013 Street Improvements Projects and the request to expend funds to complete our 3-year pavement maintenance program. Estimated date for this year's construction project would be late June/July. ➢ Please see the Public Works supplemental briefing for discussion and a request to expend funds for the purchase of a new compact excavator (track hoe) with attachments and for discussion and a request to expend funds for the purchase of a street sweeper. GARDENER— Planning efforts continue for improvements to the `Mustang Triangle' (Sharkey's) to include a survey, locate of underground utilities and site design. ➢ Seasonal gardeners will be starting in May. QTH ER- ➢ PW's return seasonal laborers will begin in mid May to assist our utilities staff with completing water and sewer inspection and maintenance programs. ➢ Roland Rick Driveway Easement Request: I had hoped to have this discussion ready to present at this meeting; however, we are currently working through some minor corrections and adjustments to this request. We intend to bring this back for the May 15th regular meeting. Questions? anordina-town.fraser.co.us or 970-531-1844. n of IC::uIT ,,;e r II.ox ,370 Il eraser, CO 80442 office 970 726...549`1 fax 9 70 726...5518 �y.4A7tTRp�A. m o��tAND Note: This Fact Sheet deals specifically with Sections 205 and 207 of the Act. n 2012, the U.S. Congress passed the Flood Insurance Reform Act of 2012 which calls on the Federal Emergency Management Agency(FEMA), and other agencies, to make a number of changes to the way the NFIP is run. As the law is implemented, some of these changes have already occurred, and others will be implemented in the coming months. Key provisions of the legislation will require the NFIP to raise rates to reflect true flood risk, make the program more financially stable, and change how Flood Insurance Rate Map (FIRM) updates impact policyholders. The changes will mean premium rate increases for some—but not all -- policyholders over time. Background: In 1968, Congress created the National Flood Insurance Program (NFIP). Since most homeowners' insurance policies did not cover flood, property owners who experienced a flood often found themselves financially devastated and unable to rebuild. The NFIP was formed to fill that gap. To ensure the program did not take on unnecessary risks, one of the key requirements to participate in the program was that communities had to adopt standards for new construction and development. Pre-existing homes and businesses, though, could remain as they were. Owners of many of these older properties could obtain insurance at lower, subsidized, rates that did not reflect the property's real risk. In addition, as the initial flood risk identified by the NFIP has been updated over the years, many homes and businesses in areas where the revised risk was determined to be higher have also received discounted rates. This "Grandfathering" approach prevented rate increases for existing properties when the flood risk in their area increased. Fast forward 45 years, flood risks continue and the costs and consequences of flooding are increasing dramatically. In 2012, Congress passed legislation to make the National Flood Insurance Program more sustainable and financially sound over the long term. What this means: The new law eliminates some artificially low rates and discounts which are no longer sustainable. Most flood insurance rates will reflect full risk, and flood insurance rates will rise on some policies. Actions such as buying or selling a property, or allowing a policy to lapse, can trigger rate changes. You should talk to your insurance agent about how changes may affect your property and flood insurance policy. There are investments you and your community can make to reduce the impact of rate changes. And FEMA can help communities lower flood risk and flood insurance premiums. What is Changing ow? Most rates for most properties will more accurately reflect risk. Subsidized rates for non- primary/secondary residences are being phased out now. Subsidized rates for other classes of properties will be eliminated over time, beginning in late 2013. There are several actions which can March 2013 1 trigger a rate change, and not everyone will be affected. It's important to know the distinctions and actions to avoid, or to take, to lessen the impacts. Not everyone will be affected immediately by the new law—only 20 percent of NFIP policies receive subsidies. Talk to your agent about how rate changes could affect your policy. • Owners of non-primary/secondary residences in a Special Flood Hazard Area (SFHA)will see 25 percent increase annually until rates reflect true risk—began January 1, 2013. • Owners of property which has experienced severe or repeated flooding will see 25 percent rate increase annually until rates reflect true risk— beginning October 1, 2013. • Owners of business properties in a Special Flood Hazard Area will see 25 percent rate increase annually until rates reflect true risk-- beginning October 1, 2013. Owners of primary residences in SFHAs will be able to keep their subsidized rates unless or until: • You sell your property; • You allow your policy to lapse; • You suffer severe, repeated, flood losses; or • You purchase a new policy. Grandfathering Changes Expected in 2014 The Act calls for a phase-out of discounts, including grandfathered rates, and a move to risk-based rates for most properties when the community adopts a new Flood Insurance Rate Map. So if you live in a community that adopts a new, updated Flood Insurance Rate Map (FIRM), discounts—including grandfathered rates--will be phased out. This will happen gradually, with new rates increasing by 20% per year for five years. Implementation is anticipated in 2014. What Can Be Done to Lower Costs? For home owners and business owners: • Talk to your insurance agent about your insurance options. • You'll probably need an Elevation Certificate to determine your correct rate. • Higher deductibles might lower your premium. • Consider remodeling or rebuilding. • Building or rebuilding higher will lower your risk and could reduce your premium. • Consider adding vents to your foundation or using breakaway walls. • Talk with local officials about community-wide mitigation steps. For community officials: • Consider joining the Community Rating System (CRS) or increasing your CRS activities to lower premiums for residents. • Talk to your state about grants. FEMA issues grants to states which can distribute the funds to communities to help with mitigation and rebuilding. March 2013 2