ARTICLE 6

MAIN EXTENSIONS AND OTHER SYSTEMS IMPROVEMENTS

6-2       LOCATION:  System Improvements shall be installed only in rights-of-way or easements deeded to the District, or in platted easements or roads or streets which a city, county, State Highway Department, or other public agency has approved as a public right-of-way. 

6-3       DEEDED RIGHTS-OF-WAY AND EASEMENTS:  Deeded rights-of-way or easements necessary to cover System Improvements not located in public rights-of-way shall be granted at no cost to the District upon such terms as the District may reasonably require before construction of any such System Improvements begins. Minimum Width Easement shall be 20 feet for single system (water or sewer) and 30 feet for double system (Water and sewer).  The following minimum requirements shall be in effect in connection with all such grants: 

6-3-1    Legal Description.  The District shall be provided a legal description of all right-of-way or easement parcels to be granted by any single conveyance instrument, consisting of a printed legal description, certified by a land surveyor registered in the State of Colorado, and an accurate survey drawing of each parcel, including north arrow and scale, tying each parcel to a survey land corner or corner of a platted parcel of land.  

6-3-2    Evidence of Title.  The District shall be provided suitable evidence of title, consisting of a title insurance policy or commitment, an attorney title opinion, a subdivision certificate, or a written ownership and encumbrance report, dated within 30 days before the date of submission to the District.  Evidence of title must show all current mortgages and deeds of trust, liens, and other encumbrances against the property. 

6-3-3    Subordination Agreement or Partial Release.  The District may require a properly executed and acknowledged subordination agreement or partial release, at the Board's discretion, for any easement or right-of-way parcel to exempt the same from the lien of any mortgage or deed of trust.  If so required, the District will not accept the System Improvements for maintenance until it receives all required subordinations or partial releases, whichever is required.  The District reserves the right to require additional or supplemental evidence of title when the subordination agreement or partial release is tendered to the District for recording.

6-4       RIGHT OF WAY ACQUISITION COSTS:  The person desiring to construct System Improvements ("Developer") shall be responsible for and pay all costs and expenses associated with the acquisition and approval of all easements and rights-of-way necessitated thereby.  These expenses include, but are not necessarily limited to, the District's actual costs, and may include those associated with condemnation.  This Section shall not be construed as imposing any obligation whatever upon the District to commence or prosecute any condemnation action. 

6-5       DESIGN AND CONSTRUCTION:  The Developer shall be solely responsible for all costs and expenses of design, construction, and installation of all System Improvements, including without limitation frontage extensions, reasonably required by the District.  All such work shall be in conformity with and subject to the District's Master Plan and to these Rules and Regulations, and in particular, to the Technical Specifications as set forth in Article 9, Part C below. 

6-5-1    Design Procedure.  The following steps will be followed in the design of any System Improvements project:

6-5-1.1 The Developer shall, as far in advance as possible, inform the District, in writing, of the type of System Improvements (water, sewer, or both), the estimated capacity requirements, the geographical location, and the desired completion date. 

6-5-1.2 Within 21 days after the District's receipt of the written information required in Section 6-5-1.1 above, the District shall schedule a first project meeting with the Developer, at which time all available information and data will be shared and discussed, general project design alternatives (alignment options, etc.) will be identified to the extent possible, a project timeline will be established, and a scope of work for design and construction supervision will be submitted by the Developer. 

6-5-1.3 As soon as practicable after the first project meeting, the District will meet with its Consulting Engineer to review the scope of work, and make any appropriate modifications thereto, which changes shall be submitted to the Developer for approval.  All costs and expenses incurred by the District in the process of establishing and finalizing the scope of work shall be borne by the Developer.  Upon agreement as to the scope of work, the District shall issue requests for priced proposals to each engineering firm appearing on the District's list of pre-qualified engineers, containing the scope of work as approved by the District and the Developer, and shall select the lowest responsive proposal.  A proposal shall be considered responsive if it does not vary the terms of the scope of work in any way.  The selected engineer shall be designated Project Engineer.

6-5-1.4 The Project Engineer will complete preliminary design of the project in accordance with the project timelines, showing the general alignment and configuration of the facilities, with preliminary project specifications.  When said preliminary design is approved by the District, the same shall be provided to the Developer.  Should the Developer, within 10 days of the receipt of the preliminary design, express objection or concern about the preliminary design, a meeting will be held with the District, the Developer, and the Project Engineer.  At such meeting, all constructive comments and specific alternatives will be considered, and any appropriate adjustments to the preliminary design made and set forth in writing. 

6-5-1.5 When the preliminary design is agreed upon, or 10 days have passed without objection by the Developer, the Project Engineer shall proceed with final design of the project, which shall include the Project Engineer's estimate of the project construction costs including construction inspection fees and costs, and shall submit the same to the District in accordance with the project timelines.  When the District has approved the final design, the same shall be provided to the Developer.  Should the Developer, within 10 days of the receipt of the final design, express objection or concern about the final design, a meeting will be held with the District, the Developer and the Project Engineer. At such meeting, all constructive comments and specific alternatives will be considered, and any appropriate adjustments to the final design made and set forth in writing. 

6-5-1.6  The District will use its best efforts to respond promptly to contacts by the Developer, and to shorten the overall time table for the Project to the extent practicable.

6-5-2    Developer May Elect to Perform Construction.  The Developer shall have the option whether to perform the work itself in accordance with the final design, or may have the District perform the work.  Should the District perform the work, the same shall be done through a contractor selected by competitive bid.  In either case, the Project Engineer shall generally monitor and oversee construction as to conformity with the approved specifications and design at owner or developers sole expense.

6-5-3   Limitations of Construction.  Construction of water distribution and sewer collection system improvements shall be limited to the District construction season.   The District construction season is the time period from April 16th to November 15th.  Construction of system improvements beyond the construction season shall be strictly prohibited unless District approval is obtained.  For District approval of construction beyond the construction season, the Developer shall demonstrate to the satisfaction of the District that if construction of system improvements is limited to the above defined construction season that the Developer will suffer undue financial hardship and/or loss.  The District shall not accept system improvements that are constructed beyond the District construction season without District approval.

If approved by the District, construction of system improvements beyond the construction season shall require continuous special inspections at no additional cost to the District.  The Developer shall reimburse the District for actual costs related to continuous special inspections.   In addition, the District shall strictly enforce cold weather construction procedures.

6-6       PLAN REVIEW AND APPROVAL:  If the District is not constructing the System Improvements, no construction of any System Improvements shall begin unless and until the plans and design therefor have been reviewed by the construction contractor, together with the Project Engineer, and until the District has issued written notice that construction may begin.
            (Cross reference: 7-3 PLAN REVIEW FEES).

6-7       CONSTRUCTION OBSERVATION:  The District shall be notified at least 48 hours before construction is commenced, and at any and all other times specified by the District, for inspection or testing. 
            (Cross reference:  7-4 INSPECTION FEES; 9B-1-6 Inspections)

6-8       CONDITIONAL ACCEPTANCE:  The following applies when the District is not performing the construction of the System Improvements:

6-8-1    Standards.  Upon completion of construction, a request shall be submitted to the District for a preliminary inspection and conditional acceptance of the System Improvements.
Cross reference: Appendix (D) MEMORANDUM OF UNDERSTANDING.

The System Improvements will qualify for Conditional Acceptance by the District when all of the following conditions have been met:

6-8-1.1 District Review.  The District has determined that the System Improvements have been constructed and connected to District facilities in conformity with these Rules and Regulations, approved plans, construction notes and specifications, has passed all necessary tests, and has been approved for use by all other governmental entities and agencies having jurisdiction.

6-8-1.2 Grantor Requirements.  Grantor has tendered and the District has approved the following: 

(1) Record drawings of the utility extension plan, photographically reduced to 1" = 50’ scale and provided on electronic media compatible with the District standards.

(2) Key map pages consistent in form and content with current District requirements as to key maps showing the location of all component parts of the System Improvements, or other arrangements approved in writing by the District have been made for the preparation thereof;

(3) A 12-month maintenance bond, or other security approved by the District, in an amount equal to 10% of the costs of constructing the System Improvements, or such greater amount as may be reasonably determined by the District on account of special circumstances of the particular System Improvements, or any portion thereof;

(4) A duly executed written statement that all suppliers of labor and materials have been fully paid, with lien waivers attached;
(Cross reference:  8-1-16 False Official Statement; Report)

(5) A duly executed written assignment of all manufacturer's warranties on materials, if applicable;

(6) All subordination agreements and partial releases required pursuant to Section 6-3-3 above; and

(7) Payment of all sums then due to the District in connection with the System Improvements.

6-8-2    Approval; Tap Permits.  The District shall evaluate the request for conditional acceptance, and give written notice to the Grantor of its action, stating any special conditions attached to the Conditional Acceptance, or the reasons for denial of the request, if applicable.  No Taps or Service Connections to the System Improvements will be permitted, nor will the District accept applications for such Taps, until the District has conditionally accepted the System Improvements as herein provided. 

6-8-3    Effective Date.  Conditional Acceptance shall be effective as of the date the District executes the Conditional Acceptance appearing on the District-approved Conveyance & Acceptance form.  As of such date, the System Improvements shall be deemed operational, and any person may apply to the District for Tap Permits.  The District's acceptance of the System Improvements, whether conditional or final, does not, however, guarantee that Taps will be available.  Availability of Taps is governed at all times by the provisions of Article 5, and such availability is determined in accordance therewith at the time proper application for service is made. 

6-9       MAINTENANCE AND REPAIR:  If the District is responsible for the construction of the System Improvements, the District shall assume repair and maintenance responsibility for the System Improvements, and shall have the right to enforce any and all contractor warranties and obligations, commencing immediately upon the completion of construction.  When the District has not constructed the System Improvements, until Final Acceptance of the System Improvements, Grantor shall be solely responsible for all routine maintenance and for correction of any and all defects in the System Improvements, as set forth below:

6-9-1    Routine Maintenance.  Grantor shall, at his sole cost, protect the System Improvements and perform all routine maintenance thereon so as to keep it in good repair and operating condition.  Such obligations shall include the repair or replacement of any part or parts thereof damaged as a result of street construction, paving, other utility installation or vehicular traffic.  In addition, Grantor shall, at his sole cost, correct any soil subsidence or erosion which the District determines occurred in connection with or as a result of construction of the System Improvements.

6-9-2    Cure of Defects.  Grantor shall, at his sole cost and subject to Parts B and C of Article 9, correct, repair or replace any part or parts of the System Improvements which the District reasonably determines were not constructed in conformity with these Rules and Regulations, approved plans, construction notes or specifications, or which the District determines to be defective, of poor or unworkman like quality, or otherwise not in conformity with any applicable warranty.  Cure of defects by Grantor shall be administered and enforced under the rules set forth in Sections 7-13 and 9B-4.

6-10     ACCEPTANCE FOR MAINTENANCE (FINAL ACCEPTANCE):  The following applies when the District has not constructed the System Improvements:

6-10-1  Standards.  Prior the expiration of one year from the date of Conditional Acceptance (or any longer period of time reasonably determined by the District on account of the particular circumstances) of the System Improvements or any portion thereof, Grantor may request the District to perform a final inspection and accept the System Improvements for maintenance.  Upon such request, the District shall inspect the System Improvements and shall accept the same for maintenance when all of the following conditions are met: 

6-10-1.1 District Review.  The District determines that the System Improvements have been constructed and connected to District facilities in conformity with these Rules and Regulations, approved plans, construction notes and specifications, has passed all necessary tests, and has been approved for use by all other governmental entities and agencies having jurisdiction. 

6-10-1.2 Maintenance and Repair.  Grantor has fully performed all maintenance and repair obligations imposed upon it by Section 6-9 above during the period of conditional acceptance. 

6-10-1.3 Property Owner Requirements.  Grantor has tendered and the District has approved all of the following: 

(1) A verified statement of Actual Cost of the System Improvements, itemized as the District may require;
(Cross reference:  8-1-16 False Official Statement; Report)

(2) Any and all easements, bills of sale, or other conveyance instruments necessary to vest title to all component parts of the System Improvements in the District with warranties of title as provided in Section 6-10-2;

(3) All drawings, maps and construction notes pertaining to any changes in the System Improvements made during the period of Conditional Acceptance;

(4) Payment of all sums due to the District from Grantor on account of the System Improvements;

(5) Lien waivers in form acceptable to the District by all independent contractors or others entitled to mechanics liens, including materialman's liens against facilities and properties included in the System Improvements.

6-10-2  Effective Date.  The District's final acceptance of the System Improvements for maintenance shall be effective as of the date the District executes the Final Acceptance appearing on the District-approved Conveyance & Acceptance form.  As of such date, all of Grantor's right, title and interest in and to the constructed System Improvements, including all mains, pipelines, valves, manholes, pumps, and related parts and materials which comprise the constructed System Improvements, shall immediately pass to and vest in the District, free and clear of all liens and encumbrances, if required under Section 6-3-3 above, and Grantor shall warrant and defend the conveyance of such System Improvements to the District, its successors and assigns against all and every person or persons whomsoever.  As of the date of Final Acceptance, the District shall operate and maintain the System Improvements at its expense.  Nothing contained herein, however, shall be construed to relieve Grantor from his warranty obligations set forth in Section 9B-1-5 below.  Notwithstanding Final Acceptance, Grantor and connecting Property Owner, their successors and assigns, shall remain responsible for all service lines and private sewer facilities.

6-11     DISTRICT SYSTEM IMPROVEMENTS:  Notwithstanding any of the foregoing, the District reserves the right to extend Mains and make other System Improvements in situations which it determines may be in the best interests of the District and its constituents, upon such terms and conditions as the District may reasonably determine.