HomeMy WebLinkAboutResolution-1996-1528
RESOLUTION NO. 1528
TITLE:
A RESOLUTION AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
WHEREAS, section 14.2 of the Home Rule Charter of the City of
Wheat Ridge provides express authority to enter into intergov-
ernmental agreements providing for cooperative efforts between
governmental agencies; and
WHEREAS, The City of Wheat Ridge, Wheat Ridge Sanitation
District and Wheat Ridge Water District jointly operate facilities
in Wheat Ridge Sanitation District's service area; and
WHEREAS, Wheat Ridge Sanitation District operates a sanitary
sewer collection system within its service boundaries; and
WHEREAS, Wheat Ridge Sanitation District does not own or
maintain the sewer service lines which extend from private property
to the sanitary sewer main; and
WHEREAS, Wheat Ridge Sanitation District has requested the City
of Wheat Ridge and Wheat Ridge Water District include specific
language in their construction contract documents relating to
protection of sewer service lines; and
WHEREAS, All of the parties desire to avoid damage to sewer
service lines, sewer mains and private property resulting from
construction activity which affects sewer service lines; and
WHEREAS, In the spirit of cooperation, the city of Wheat Ridge
and Wheat Ridge Water District have agreed to include language in
their construction contract documents in accordance with the
attached Intergovernmental Agreement.
NOW, THEREFORE, BE IT RESOLVED that:
Sec. 1. The Mayor of the City of Wheat Ridge is hereby
authorized to execute an intergovernmental agreement between the
city of Wheat Ridge, Wheat Ridge Sanitation District and Wheat Ridge
Water District relating to the protection of sewer service lines.
DONE AND RESOLVED THIS
11th day of March, 1996
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DAN WILDE, MAYOR
ATTEST:
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INTERGOVERNMENT AL AGREEMENT
REGARDING PROTECTION OF SEWER SERVICE LINES
This Agreement is entered into this 11 th day of March , 1996, by and
between the Wheat RIdge Sanitation District ("SanItation District"), a Colorado Special Distnct;
the Wheat RIdge Water District ("Water District"), a Colorado Special District; and The City of
Wheat Ridge ("Wheat Ridge"), a Colorado Municipal CorporatIOn,
WHEREAS, all of the above parties are "owners or operators" of underground facihties
wlthm the boundanes of the Wheat RIdge SanItation Dlstnct, and/or penodically engage in
constructIOn and excavation projects withm the boundaries of the Wheat RIdge SanItatIOn District
for repair, replacement and mstallation of underground facilities and other structures mcludmg
water lines, sewer lmes, storm sewer lmes, streets and sidewalks;
WHEREAS, the SanItation Distnct owns, operates and mamtams a sewage collection
system wlthm ItS boundaries consisting of sewer mam hnes located pnncipally wlthm pubhc nght
of ways such as streets and alleys;
WHEREAS, there are also "sewer service lines", owned, operated and mamtained by
private property owners located partially on private property and partially m the public nght of
way which connect mdlvldual property owners homes and other structures with the pubhc sewer
mams,
WHEREAS, the Sanitation Dlstnct IS reqUIred, pursuant to the Colorado Excavation
ReqUirements Statute at ~9-1 5-10 1 et. ~ of the Colorado Revised Statutes to IdentIfy and
mark the location of ItS public sewer mains and mdlvldual sewer taps thereto m the public right-
of-way upon request by persons engagmg m excavatIOn,
WHEREAS, the SanitatIOn Distnct has no responsibihty for mdivldual property owner's
sewer service lines and generally has no accurate location mformation, or effiCient way to identify
and mark the locatIOn of such sewer service lines either on pnvate property or in the public right-
of-way;
WHEREAS, all of the parties desire to aVOid damage to private property owner's sewer
service lmes resulting from construction or excavatIOn actiVities and to avoid the unnecessary
costs of conductmg major repairs of such damaged sewer service lines and cleaning up damage
from sewage overflows, and
WHEREAS, the parties wish to enter mto an Intergovernmental Agreement concernmg
requirements to be Imposed upon excavation contractors retamed by all of the above parties
concerning preventIOn of damage to sewer service lines,
Now, therefore, It IS agreed by and between the partIes as follows
1 The parties agree that for any excavatton projects they commence whIch will
involve excavation either within public right-of-ways or on pnvate property, the contract between
any party to this Agreement and the excavatIOn contractor shall contain provisIOns which include
the following:
a. A notificatIOn to the contractor that the SanItallon Dlstnct locates
customer taps at the public sewer main and thaI departure angles from the maIO are usually
unknown to the Sanitation DIstrict.
b A provISIon statmg that the excavation contractor accepts the nsk ofJoss
for sewer servIce line damage and repaIr of such damage as a cost of the contract.
c A provISIon requiring thaI any tIme a contractor severs, or 10 any way
damages a sewer service line, It IS the responsibility of the contractor to promptly and properly
repair the sewer servIce line at the contractor's own expense as a cost of the contract.
d, A statement that the mformatlOn provIded on Ihe project plans concernIng
the location of sewer service lines IS according to the best available mformatlon and IS not
guaranteed as to accuracy and that any and all sewer service lines encountered are a risk of the
contractor
e, A statement that the contractor will use due care and cautIOn 10 all
excavatIOn actIVItIes to avoid damagmg sewer service lines and other underground facilities,
2 The parties further agree to mclude, 10 substance, the followmg proVIsions in their
contracts for constructIon and excavatton actiVIties;
a, The contractor IS responsible for and bears the nsk of any and all damage
which occurs as the result of the contractor's failure to promptly repaIr a damaged sewer servIce
line
b A proVISIon requinng that If at any time wlthm twelve (12) months after
completion of a project, It IS dIscovered by any party that a sewer service line was damaged or
severed dunng excavatIOn by the contractor and not repaired, the contractor shall be required to
eXpeditiously excavate and repaIr the damaged or severed sewer service lme at the sole cost of the
contractor
3 Nothmg 10 thIS Agreement shall be construed as Imposmg any liability upon any
party hereto for any damage done to underground facilities other than as presently provided
pursuant to Colorado Law
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4 This Agreement shall take effect February 1, 1996
5 The undersIgned state that thIs Agreement IS executed in duplicate as though each
were an original and that there are no oral agreements that have not been reduced to writing in
this Agreement.
WHEAT RIDGE SANITATION DISTRICT,
a Colorado SpecIal Dlstnct
/ / ) /' (
By' {,I ,( (:!--i 1;0.tL'-) ~
Mr Willard Kneger, President '
Wheat RIdge SamtatIon Distnct Board of DIrectors
ATTEST
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Mr Ed Pinson, Secretary
Wheat Ridge SanitatIOn Distnct Board of Directors
WHEAT RIDGE WATER DISTRICT,
a Colorado SpeCial District
By
Mr George Lok . r, President
Wheat RIdge Water DIstrict
ATTEST
. .
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Ms, Pat Garrity, ~cretary ---
Wheat Ridge ~;rter District
THE CITY OF WHEAT RIDGE,
a Colorado Mumcipal CorporatIOn
~~
By
Mr Dan Wilde, Mayor
The City of Wheat RIdge
3
ATTEST
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Ms, Wanda Sang, ity Clerk
The CIty of Wheat Ridge
APPROVED AS TO FORM.
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/u';f" r( , ~ /,/,{ /'
Mr Gerald Dahl, City Attorney
The CIty of Wheat Ridge
~~/&~
Barry A. Hudson/Thomas P Qumn, Attorneys
Wheat Ridge Water District and Wheat Ridge
Sanitation District
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