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HomeMy WebLinkAboutResolution 2008-023 construction of water facilities under private contract for Santoria EstatesMARANA RESOLUTION NO. 2008-23 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND THREE INDIVIDUAL PROPERTY OWNERS FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR SANTORIA ESTATES. WHEREAS, three property owners desire to installed on-site and off-site water facilities to provide water to Santoria Estates; and WHEREAS, three property owners desires to arrange for the provision of water service to and within Santoria Estates; and WHEREAS, Marana is willing to provide water service to and within Santoria Estates in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement; and WHEREAS, three property owners agrees to the construction of water facilities for Santoria Estates; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and three individual property owners, attached as Exhibit A to and incorporated here by this reference, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk in hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED AND A OPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1901 day of February 2008. Ed H(on M?ayor ATTEST: OF 4&?' SEAL Al oce"IynBronso?, Town Clerk ??li i 0j '?N'v RSO 190108 WSA Santoria Estates Rso 2008-23 2 APM 02/12/2008 APPROVED AS TO FORM: TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THis AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and the entities and individuals whose signatures are set forth at the end of this agreement, (collectively the "Applicant"). The Town and the Appli- cant are sometimes collectively referred to as the "Parties," any one of which is sometimes indi- vidually referred to as a "Party." RECITALS A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it may be amended from time to time (the "Marana Municipal Water Code"). B. The Applicant desires for the Town to provide water service to the Pima County Tax Parcel Numbers listed in the column titled "Parcel Tax Code" on Exhibit A attached to this Agreement (the "Subject Property"), in the area generally depicted on the map at the bottom of Exhibit A. C. To secure water service from the Town for the Subject Property, the Applicant pro- poses to install those certain water infrastructure improvements referred to in this Agreement as the "Applicant- Installed Facility." D. The required plans, specifications, and materials for the Applicant-Installed Facility have been approved by the Town. E. The Applicant desires that the Town take ownership of, operate, and service the Appli- cant-Installed Facility. F. The Town is willing to accept the Applicant-Installed Facility and permit it to be con- nected to the Town water system provided it meets Town standards and the work is done in accor- dance with Town requirements. AGREEMENT NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants set forth in this Agreement, the Parties hereby agree as follows: 1. General 1. 1. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and installed, at Applicant's own expense, the water infrastructure improvements as depicted in Plan No. ENG 0711-009 as approved by the Town and on file in the office of the Town of Ma- fSantoria Estates WSA? - I - 12/18/200711:10:42 AM rana Water Utility (the "Facility Plan"). The water infrastructure improvements depicted on the Facility Plan are referred to in this Agreement as the "Applicant-Installed Facility," and shall conform to the design standards of the City of Tucson Water Department and the Town of Ma- rana Municipal Water Code and special specifications and details as approved by the Town and by this reference made a part of this Agreement. The Facility Plan shall include a plan note iden- tifying the Applicant- Installed Facility as a new water facility and shall show any and all altera- tions to the existing water system. Construction and installation of the Applicant-Installed Facil- ity in accordance with the Facility Plan, including without limitation all labor, materials, equip- ment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." 1.2. Work by licensed contractor. The Applicant confirms that the Work has been performed by a contractor properly licensed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addition to any other contractor's license classifications required by the Ari- zona Registrar of Contractors, the contractor holds contractor's license classifications A, A-12 and A- 16. 1.3. Payment of connection fees. Before any service connections are made from the Town's water system to the Applicant-Installed Facility, the Applicant shall pay to the Town the connec- tion fees and any other fees required by the Marana Municipal Water Code. 1.4. Anticipated cost per meter. The total charge for each five-eighths-inch water meter to be installed on the Subject Property is currently anticipated to be $1,224.00, including the meter fee and infrastructure fee. Additional impact fees as adopted and implemented by Mayor and Coun- cil will be applied and shall be in addition to the $1,224.00 meter fee. 1.5. Applicant-Installed Facility acceptance by Town. No service connections shall be made from the Town's water system to the Applicant-Installed Facility until the Applicant-Installed Facility has been accepted by the Town in accordance with the Marana Municipal Water Code. 1.6. Meter application requirements. The number of water meter applications allowed shall be consistent with the "Meter Shares" column corresponding to the "Parcel Tax Code" on Ex- hibit A. If any portion of a property identified as a "Parcel Tax Code" with only one "Meter Share" is sold, the owner of the portion of land that fronts the water main shall have all rights associated with the water meter unless other arrangements are agreed upon in writing by the buyer and seller and approved by the Town of Marana Water Utility prior to the sale. If any por- tion of a property identified as a "Parcel Tax Code" with more than one "Meter Share" is sold, the number of meter shares that go with each property shall be proportionate to the size of each property, rounded to the nearest whole number, unless other arrangements are agreed upon in writing by the buyer and seller and approved by the Town of Marana Water Utility prior to the sale. 1.7. Applicant's certiji'cation. Execution of this Agreement certifies that the Applicant has reviewed the Facility Plan and all other specifications applicable to the Work and has approved and agrees with the location of all service lines. 1. 8. Termination for lack of Work. Approval of the Facility Plan shall lapse and this Agree- ment shall terminate if more than one year has passed since the date of this Agreement and the Work has not begun, or if the Work is discontinued for a period of one year. fSantoria Estates WSAJ -2- 12/18/200711:10:42 AM 2. Engineering and Inspection 2. 1. Registered civil engineer. The Applicant confirins that the Applicant employed a regis- tered Civil Engineer to design, lay out, establish control lines for and certify the layout of the Work according to the Facility Plan. 2.2. Town inspector's authority. Any inspector authorized by the Town shall have full in- spection authority over the Work. 2.3. Inspection provisions. The Applicant shall furnish the Town's inspector with all facilities reasonably necessary to inspect the Work. The Work shall be subject to Town inspection at all times. Defective work shall be corrected in a manner satisfactory to the Town's inspector. In- spection by the Town is for the purpose of ensuring compliance with plans and specifications only. The Town makes no guarantee as to the safety or engineering soundness of plans prepared by Applicant or any contractor. 2.4. Payment of Town inspector's overtime cost. If scheduling by Applicant's contractor rea- sonably requires the Town's inspector to work overtime, the Applicant or Applicant's contractor shall pay the Town for any additional salaries, expenses or employee benefits relating to the overtime. For purposes of this paragraph, overtime is any time over 40 hours worked in a seven- day work period, any time over eight hours worked Monday through Friday, and any time worked on weekends and legal holidays observed by the Town. 3. Preconstruction Procedure 3. 1. Request to begin construction. The Applicant shall submit a written request to begin construction to the Town five working days before the Work is to commence. 3.2. Construction permit. This Agreement shall be completed, signed and notarized, and re- turned to the Town prior to issuance of a construction permit for the Work. 3.3. Start and completion of the Work. No portion of the Work shall begin until the Town has issued a construction permit specifying the starting date and a reasonable time for completion. 3.4. Progress of the Work. The Work shall be commenced and carried on at such points and in such order as may be directed by the Town. 3.5. Materials sampling and testing. Materials shall be available for sampling and testing by the Town prior to being used in the Work. Materials that fail to meet Town specification shall be removed from the site. 3.6. Permits and approvals. The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses for the Work, pay all fees and comply with all laws, ordinances and regula- tions relating to the Work. 4. Construction 4. 1. Applicant's presence on site. The Applicant or Applicant's designated agent, shall be present at all times during performance of the Work. The name of the Applicant's designated agent and the contractor performing the Work shall be furnished to the Town before the Work fSantotia Estates WSA) -3- 12/18/200711:10:42 AM begins. Instructions given by the Town to the designated agent shall be deemed to have been given to the Applicant. 4.2. Competence and diligence. The Applicant shall employ only competent and efficient la- borers, mechanics or artisans on the work, and the Applicant agrees to perform the work dili- gently to complete the work on or before the completion date given in the notice to proceed. 4.3. Paving. The Applicant shall identify and locate all water valves prior to paving and set valve boxes to final grade after paving. 4.4. Alterations to the existing Town water system. The Applicant shall, at Applicant's ex- pense, make any and all alterations to the existing water system either on-site or off-site necessi- tated by paving, drainage, or other improvements caused by the development of the Subject Property. 4.5. Worksite safety. The Applicant shall require all contractors and subcontractors perform- ing any portion of the Work to comply with all safety requirements of the Occupational Safety and Hazards Act as set forth by the Federal Government and as implemented by the State of Ari- zona. The Applicant or its contractors shall be solely responsible for all fines or other penalties provided for by law for any violations of the Occupational Safety Hazards Act. 5. Dedication 5. 1. Transfer of the Applicant-Installed Facility to the Town. Upon the Town's final accep- tance of the Work, the Applicant shall at no cost grant, bargain, sell, convey, transfer and deliver to the Town the Applicant-Installed Facility free and clear of all liens, claims, charges or encum- brances. 5.2. Two-year warranty. The Applicant guarantees the Work to be free from all failures due to poor workmanship or materials for a period of two years from the date of the Town's final ac- ceptance of the Work. 5.3. Other conflicting construction prohibited. The Applicant shall not construct or allow the construction of any utility, building, or other improvement that would interfere with the opera- tion or maintenance of the Applicant-Installed Facility. 5.4. Applicant's obligation to maintain finished grade. The Applicant guarantees that all ser- vice lines, meters, and meter boxes on the Subject Property will be to finished grade and that Applicant will remain responsible for raising or lowering said services as required until the Sub- ject Property is fully developed. 5.5. Acceptance by the Town. The Town shall accept title to and take possession of the Ap- plicant-Installed Facility when the Work has been completed to the satisfaction of the Town. Subject to the Applicant's continuing obligations under this Agreement, the Town shall operate and service the Applicant-Installed Facility after taking over possession of it under this para- graph- JSantoria Estates WSA) -4- 12/18/200711:10:42 AM 6. Miscellaneous 6.1. Indemnity. During the two-year warranty period (see paragraph 5.2 above), Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and em- ployees, boards, committees and commissions from and against any loss, claim, suit, demand, cause of action, or liability of any nature, including but not limited to damage to property and injuries to persons, including death, arising or alleged to have arisen, in whole or in part, out of any negligent act or omission of Applicant or any contractor, subcontractor, or any person em- ployed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant-Installed Facility. Nothing in this paragraph shall in any way limit any liability Applicant may have under applicable law beyond the two-year warranty period. 6.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 6.3. Consent requiredfor assignment. Applicant may not assign this Agreement without the prior written consent of the Town. 6.4. Cancellationfor conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: THE TowN OF MARANA, an Arizona municipal corporation By: Ed Honea, Mayor Date: f Santoria Estates WS A) -5- 12/18/200711:10:42 AM ATTEST: C. ?ronson, Clerk APPLICANT: Date: I-"-112k:2 Ms. Karen E. §pratlen /Y STATE OF ss.: County of-??) I all by The foregoing instrument was acknowledged beforeme on / Notary Public 0'56 - I " ,VIE ST,, RENEE L. SOMMERVILLE "MON $ NOTARY PUBUC - ARIZONA PIMA COUNTY MY COMMISSION EXPIRES 0,90 AUGUST26,2011 I p"W - [Santoria Estates WSA) -8 - 12/18/200711:10:42 AM APPLICANT: iyR&- ?J 4"04 -V Mr. Edward J. Schaeffer Date: STATE OF ARIZONA ) ) ss.: County of Pima The foregoing instrument was acknowledged before me on A-1;2 by I,'--Z-Z--- / " & I//,/ Z ,O!=- Notary Pub RENEE L. SOMMERVILLE - ARIZONA S NOTARY PUBUC 'IZ PIMA COUNTY ILL PIRES My COMMISSION EX,] AUGUST 26,2011 0 W (Santoria Estates WSA) 12/18/200711:10:42 AM APPLICANT: Mr. Duane H. Derr Date: L?(NQJ STATE OF ARIZONA ss.: County of The f instrument was acknowledged before me on by 77 OFFIFIM AIR '] ot y Public JqrY NC?TARY .*-,!..! 8LI;,,;-.4N1Z-0NA P I M A G U NTY C',4-,vn. 120 Aprl ISantoria Estates WSAJ -7- 1/2/200811:46:15 AM 02/19/2000 09:43 5203822590 WATER DEPARTMENT PAGE 02 U) 'C Z %- CD mj* xe --o 0.., 0*610 I LO -1.