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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 ~M~ DAN WILDE, MAYOR ATTEST: w~.Nt~~ 1 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 2 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 ? 9-P ~"-' 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 . . .- ~ ( U) at )A'dJ7 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 ~ J. &4~Es Ms, Wanda Sang, ity Clerk The CIty of Wheat Ridge APPROVED AS TO FORM. /. /' /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 4