SECTION 5.

GENERAL REQUIREMENTS FOR WATER AND WASTEWATER FACILITIES

5.1 General. All contractors, plumbers and others doing work on the Water System, Wastewater System, Service Line, or any part of the District’s systems must comply with all of the following:

5.1.1 Before commencing work under the contract, the Contractor must furnish the District with certificates of insurance, showing the type, cost, class of operation coverage, effective dates, and date of expiration of policies. The Contractor will not commence work until he has obtained insurance as required by the District, nor will the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required for that portion of the work has been so obtained and reviewed. The Contractor, and any subcontractors it may hire, are required to have worker compensation in accordance with Colorado law, comprehensive general liability insurance in the amount of $1,000,000.00 combined single limit bodily injury and property damage, each occurrence and $2,000,000 general aggregate; automobile liability insurance in the amount of $1,000,000 combined single limit bodily injury and property damage each accident; underground utility insurance, and any insurance coverage for special conditions such as blasting.

5.1.2 The Contractor hereby agrees to indemnify and hold harmless the District and each of its directors, employees, agents, and consultants, from and against any and all claims, demands, losses, liabilities, actions, lawsuits, and expenses (including reasonable attorneys’ fees), arising, or alleged to arise, directly or indirectly, in whole or in part, out of the negligence or omission of the Contractor or any of its subcontractors, agents or employees, in connection with this Agreement and/or the Contractor’s Services or work hereunder whether within or beyond the scope of its duties or authority hereunder.

5.1.3 All permits, fees and charges will be paid for by the Contractor, plumber or others doing work in the District, prior to the start of construction.

5.1.4 All Inspection Fees or other charges for work on Water System, Wastewater System, Water or Wastewater Service Line construction required by the District, El Paso County or the Colorado State Highway Department or any other entity with jurisdiction, will be paid for by the plumber, Contractor, or others doing work in the District. The owner of the property on whose behalf any work is being performed will be joint and severally liable for such charges and fees.

5.2 Protecting District Facilities. Any Contractor installing, constructing, maintaining, or otherwise doing work upon new or existing buried infrastructure within the District’s service area are obligated by law to call 811 before any excavation or boring can begin. The District will mark and provide approximate location of District facilities in accordance with the Colorado 811 program.

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5.2.1 When a Contractor is excavating or boring under, over, or across any District facilities or anywhere within 100 feet of the approximate or marked location of any District facility, Contractor must expose and physically confirm the location of any and all District facilities by being able to visually see the facility from the surface and provide evidence of such inspection to the District prior to further excavation or boring. District facilities should be viewed while the Contractor is working under, over, or in proximity to any District facilities. Contractor will be wholly responsible for damages caused to District facilities that were not physically located by Contractor and/or no evidence of visual inspection was provided by Contractor prior to commencing excavation or boring work. The Contractor will pay for or directly reimburse the District for all costs and expenses incidental to the damage to District facilities caused by Contractor.

5.2.2 Emergency work in evenings after 4:00 pm and on weekends may be completed without a permit but Widefield Water and Sanitation District must be notified immediately about any such emergency work. A complete boring, excavation, and/or directional drilling permit application along with all required documentation and fees must be received by the District by 8:00 am on the following business day after the emergency work commenced. When requesting emergency locates, the excavator must be on site when the locator arrives. The Contractor must pothole and visually verify the District facilities before excavation or boring can begin.

5.2.3 Any person conducting boring, excavation, and/or directional drilling work anywhere within the District’s service area boundaries may be required to obtain a Boring, Excavation, and Directional Drilling Permit pursuant to section 5.3 below. District Customers performing work on their portion of water and wastewater lines are exempt from and not required to obtain a Boring, Excavation, and Directional Drilling Permit.

5.3 Boring, Excavation, and Directional Drilling Permit Required. Any Contractor conducting boring, excavation, and/or directional drilling work anywhere within the District’s service area boundaries, excluding new development with public utilities not yet accepted by the District and Customer’s performing work on their own Customer-owned portions of water and wastewater lines, shall be required to, prior to commencing work, submit a complete permit application and receive approval from the District prior to commencing any such work. Boring, excavation, or directional drilling within the District’s service area without due care and proper protection of public water and sewer infrastructure will cause substantial harm to the public health and safety of the community and create substantial burden on the District’s operations.

5.3.1 The District will evaluate the permit application and information furnished by the Contractor within 30-days of submittal and may require additional information. In no event will the District be required to act on any permit application in less than five days. An application must be submitted and permit approved by the District and all fees for paid by the applicant at the time of submittal. After evaluation and acceptance of the data furnished, the District may issue a boring, excavation, and/or directional drilling permit subject to the terms and conditions provided in the permit. The District may issue a boring, excavation, and/or directional drilling permit to the applicant if the District finds that all of the following conditions are met:

5.3.1.1 Payment by the Contractor of the boring, excavation, and/or directional drilling permit fee of $500.00 per hole or bore.

5.3.1.2 Proof of Contractor’s certificate of good standing and/or license to do business in the State of Colorado.

5.3.1.3 Copy of Contractor’s valid construction permit application or other form of written approval or pending approval for the applicant to work in the City of Fountain, El Paso County, and/or Pikes Peak Regional Building Department, as applicable.

5.3.1.4 Proof of Contractor’s General Liability Insurance in a minimum amount of $2,000,000 naming Widefield Water and Sanitation District as an “additional insured.”

5.3.1.5 If applicable, District approval of a Hydrant Rental Permit Application and payment of all associated fees.

5.3.1.6 Complete construction and/or boring plans that adequately identify, provide for location of, and protection of the District’s water and/or wastewater infrastructure, to be reviewed and approved by the District.

5.3.2 By submittal of a boring, excavation, and/or directional drilling permit, the applicant/Contractor agrees to: (a) ensure that all utility locates are complete prior to any work; and (b) be is responsible for post-work cleanup of areas impacted. All boring, excavation, and/or directional drilling permits are valid for 60-days unless otherwise specified or good cause is shown for extension of the permit.

5.3.3 There is hereby established a boring, excavation, and/or directional drilling permit violation charge of one thousand dollars ($1,000.00) for each violation of any term or condition of the boring, excavation, and/or directional drilling permit.

5.3.4 There is hereby established a delinquent application fee for any boring, excavation, and/or directional drilling work completed prior to submittal of an application or receipt of District approval for such boring, excavation, and/or directional drilling work of ten thousand dollars ($10,000.00). Boring, excavation, or directional drilling prior to proper locate and protection of public water and sewer infrastructure will cause substantial harm to the public health and safety of the community and create substantial burden on the District’s operations.

5.3.5 In the event an application for a boring, excavation, and/or directional drilling permit is denied, the District will notify the applicant in writing of such denial. Such notification will state the grounds for such denial with that degree of specificity which will inform the applicant of the measures or actions which must be taken by the applicant prior to issuance of a permit. Upon receipt of notification of denial of a permit application, the applicant may request and will be granted a hearing. At such hearing the applicant will have the burden of establishing that the conditions set out in Section 5.3.1 have been met and that a permit should be issued.