Article VI - Main Line Extensions
6.1 Main Line Extension by the District
The District may construct any main line if the Board deems it in the best interest of the District to do so. All main line extensions, which are so authorized, shall be bid competitively, when required by state law, and contract awarded under the authority of the Board. The contractor installing the main lines shall be responsible to the Board. The District, through its engineer, shall supervise construction activity and coordinate all matters pertaining to the completion of the subject project, including permits, easements, material approvals, site inspection, acceptance, payments to the contractor, and field verify the as-built drawings. As-built data shall be provided in a digital format as per District specifications.
6.1.1 Performance Payment and Warranty Bonds
Pursuant to C.R.S., Section 38-26-105 and -106, as amended, performance, payment and warranty bonds equal to the contract price at a minimum shall be furnished to the District by the contractor on all contracts with the District. All main lines, constructed in compliance with the contract specifications and District acceptance procedures, shall be accepted by the District upon completion of construction, subject to a two-year warranty period. Any defective work identified during the warranty period shall be promptly corrected by the contractor, without cost to the District. All daily inspection fees for warranty work required by any governmental authority, including the District, shall be paid by the contractor.
6.1.2 Acceptance Procedures
Before the main lines are accepted by the District, the following procedures shall be completed by the contractor or applicant. The contractor or applicant shall certify the main lines and all appurtenances are free and clear of all liens and encumbrances; furnish to the District a warranty bond to cover all maintenance for two (2) years from the date of construction acceptance of the main lines by the District; provide the District digital field verified as-built drawings of all facilities constructed, including but not limited to easements, water valve locations, fire hydrant locations, water stub out locations, data on storage tanks, data on pumps, sewer stub out locations, coordinates of manholes, rim and invert elevations; provide inspection and test results; provide digital copy of all computer information available as per District specifications; and provide maintenance, operating, and parts manuals. District personnel shall be present for all pressure tests on water main lines plus any other tests as deemed necessary. All sewer main lines shall be televised and a copy of the televised tape and cut sheets shall be submitted to the District prior to final acceptance.
6.2 Main Line Extensions by Developers
The District has no obligation to extend any main line. At the discretion of the District, the District may permit an applicant to construct, at the sole expense of the applicant, water and/or sewer main lines prior to their construction by the District. The applicant shall request intent to provide service from the District and subsequently enter into a written main line extension agreement with the District prior to proceeding with any contraction.
6.2.1 Locations of Main Line Extensions
Main lines shall be installed in road or street rights-of-way, as well as in easements granted to the District. Where required main lines must cross land not being subdivided or where such land is under the applicant's control for the granting of public rights-of-way, each applicant who desires service will, in consultation with and with the approval of the District, plat and grant to the District appropriate rights-of-way and easements in which main lines will be constructed.
6.2.2 Sewer Collection Lines
Sewer collection lines shall be designed and constructed to provide a means of access by District personnel using existing District equipment and capability for maintenance, flushing, and inspection. Lift stations are not allowed in District sewer collection systems, except by specific written approval by the District.
6.3 Main Line Project Procedures for Developers
6.3.1 Letter of Intent
During the concept design of a development which requires the construction of water or sewer main lines, the developer shall request the respective District to provide a letter expressing the intent to provide service. The developer's request shall include data on the number and type of residential, commercial or individual facilities, any irrigation systems, and other activities that would have an impact on water or sewer use. The request letter shall contain a description of water rights owned by the developer and a plan indicating the proposed development of the site. The District will analyze its ability to provide water and/or sewer service to the site. This analysis will determine the adequacy of existing distribution and/or collection system capability and the need to increase the capacity of any existing lines, equipment, or facilities. The analysis will also determine the need to oversize lines in the development site for anticipated future service needs. The District will provide a formal intent to serve the development site and include any conditions deemed appropriate. This letter of intent to serve should be available to the County Planning Commission and an incorporated town planning committee.
6.3.2 Oversizing Main Lines
Based on District estimates of future growth and use of a main line, the applicant shall construct oversized main line extensions as required by the District, at the District's expense for the incremental cost of the oversized line. The District shall recover the cost of oversizing, including reasonable interest, by connection of future service users or future main line extensions.
6.3.3 Application for Approval
All applicants desiring to construct a main line within the District shall submit a formal application to the District. This application shall contain a legal description of the property to be served by the main line, the estimated number of service taps to be served, the type of structures, the use of the property, the easements to be conveyed, the detail construction plans and specifications for that extension, and any other information reasonably required by the District. Within a reasonable time, the District staff and consultants shall review the easements, plans, and specifications for conformance to District, county, and state specifications; submit the recommended plans, with appropriate documentation to the District for overall review, and recommend construction plan approval. If cost recovery is applicable, a Cost Recovery Agreement must be concluded in accordance with Section 6.4 Cost Recovery. Two sets of documents marked "Approved" by the District shall be returned to the applicant. The cost of such review for compliance shall be borne by the applicant.
6.3.4 Deposits with the District
Prior to the main line extension approval by the District, the applicant shall deposit with the District an amount sufficient to compensate the District for engineering fees, legal fees, and other costs anticipated to be incurred by the District as a result of the application and the construction of the main line. All reasonable inspection costs conducted by any governmental agency, including the District, shall be paid by applicant.
6.3.5 Acceptance of Main Lines
When construction of the main line is completed, the applicant shall notify the District and provide one set of District approved documents which has been marked to reflect field verified as-built conditions. The District will then inspect the main line, equipment, special structures, and easements for conformance to the approved requirements. Applicants who have completed construction and District inspection of main lines shall, before the main lines are accepted by the District, deed the main lines and appurtenances to the District free and clear of all liens and encumbrances, and furnish to the District a warranty bond for a two-year (2) period from the date of acceptance of the main lines by the District. Prior to the acceptance of the main lines by the District, the applicant shall provide the District with:
1. Legally recorded documents of all easements accompanying the main lines;
2. One set of four mil Mylar, field-verified as-built drawings;
3. One disk of spatial data in digital format as specified by District specifications;
4. Three (3) sets of all operation, maintenance, and part manuals for all electrical and mechanical equipment provided by the contract; and
5. A certified statement of the costs of the main lines.
No taps may be made onto the main line until Construction Acceptance has been granted by the District in writing, or by special written permission with the District.
6.4 Cost Recovery
The cost recovery contract policies and procedures of each District for water main extensions are administered individually by each District and are not within the purview of these Rules and Regulations, except as may be set forth in Appendix A - Schedule of Fees and Charges.
Eagle River Water & Sanitation District, formerly known as the Upper Eagle Valley Consolidated Sanitation District, eliminated the availability of cost recovery for new sewer main extensions constructed within its boundaries after November 22, 1994.
Information regarding the opportunity for cost recovery contracts for water main extension within any other District may be obtained from the applicable District's administrative offices.