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HomeMy WebLinkAboutResolution 2008-128 agreement with desert son community church for construction of water facilities~~ F. ANN RODRIGUEZ, RECORDER DOCKET: 13424 RECORDED BY: MRB PAGE: 449 " DEPUTY RECORDER 1562 PE-1 ~ °F ~I~ r~'~ ~~G ~ N0. OF PAGES:. SEQUENCE : 7 20082120164 SMARA ~x w ~ 10/30./2008 ~ '`~ ~ 12 53 TOWN OF MARANA ~ N~ RES : ATTN : TOWN CLERK R~p~ 11555 W CIVIC CENTER DR MAIL MARANA AZ 85653 AMOUNT PAID $ 9..00 MARANA RESOLUTION N0.2008-128 RELATING TO UTILITIES; APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE TOWN OF MARANA AND DESERT SON COMMUNITY CHURCH OF TUCSON, ARIZONA FOR CONSTRUCTION OF WATER FACILITIES WHEREAS Desert Son Community Church of Tucson, Arizona desires to installed on-site water facilities to provide fire protection to a new building at the Church and to warranty the 4" water main they are connecting to for one year; and WHEREAS Marana is willing to provide water service to the Church's new building in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the Agreement being approved by this resolution; 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, that the Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and Desert Son Community Church of Tucson, Arizona attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf of the Town of Marana. BE IT FURTHER RESOLVED that the Town's Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to carry out the terms, obligations, and objectives of the Agreement. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 14~` day of October 2008. ~ I ~~~ G ~' ~ ~ .~ - ~ ~ ~ Ed Hone ,Mayor ~~ ATTEST: • i~, `-''~ APPROVED AS TO FORM: ,',,_ i a=A'y'r celyn C. onson, Town Clerk ank C sidy, Town Att ey 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 DESERT SON COMMUNITY CHURCH OF TUC- soN, ARIZONA, an Arizona non-profit corporation (the "Applicant"). The Town and the Applicant are sometimes collectively referred to as the "Parties," each of which is sometimes individually re- ferred to as a "Party." RECITaLs A. This Agreement is entered into and authorized pursuant to Title 14 of the Marana Town Code as it maybe amended from time to time (the "Marana Municipal Water Code"). B. The Applicant desires for the Town to provide water service to the land referred to in this Agreement as the "Subject Property," being an approximately 3.87 acre parcel of land lo- cated at 5250 West Cortaro Farms Road (Pima County Assessor's Parcel No. 221-14-018A) and consisting :of the south half of the southeast quarter. of the southwest quarter of the northwest quarter of Section 25, Township 12 South, Range 12 East, Gila and Salt River Base and Merid- ian, Marana, Pima County, Arizona (except that portion lying within the public right-of--way of Cortaro Farms Road). 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- 1• 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- 1. General 1.1. Applicant installation of the Applicant-Installed Facility. The Applicant has designed and shall install, at Applicant's own expense, the water infrastructure improvements as depicted in Building permit number B0701-111 as approved by the Town and on file in the office of the Town of Marana Water Utility (the "Facility Plan"). The water infrastructure improvements de- picted 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 Marana 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 identifying the Applicant-Installed Facility as a new water facility and shall show any and all a1- terations to the existing water system. Construction and installation of the Applicant-Installed Facility in accordance with the Facility Plan, including without limitation all labor, materials, equipment, supplies, and tools required for the construction and installation, is referred to in this Agreement as the "Work." The Work for this project will connect. to a 4" water main in Freeman Lane. The Developer will warranty the existing 4" water main for one year from acceptance by the Town for any damage to the 4" main in Freeman Lane. The waterline will be under warranty from Cortaro Road right of way to meter boxes for each resident at the northern edge of Freeman lane for 12 months from the time the waterline is accepted by the Town of Marana Utilities De- partment. 1.2. Work by licensed contractor. The Work shall be performed by a contractor properly li- censed by the State of Arizona as determined by the Arizona Registrar of Contractors. In addi- tion to any other contractor's license classifications required by the Arizona Registrar of Con- tractors, the contractor shall hold 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. Connection fees for this fire line total $2,331, including $864 for the infrastructure impact fee and $1,467 for the gravity storage and renewable water resource, based on Marana Ordinance No. 2005.25. 1.4. No water meter installation authorized. The Parties agree that the connection fees to be paid by the Applicant for the fire line under this Agreement are based on water service from a 5/8" x 3/" water meter, which the Town could have required the Applicant to install as part of the Work. However, since the Work involves fire flow only, the Parties have chosen not to install a water meter as part of the Work, and this Agreement does not authorize the installation of any new water meters. If a meter is needed in the future, the then-existing fees will apply. 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. Applicant's certification. 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. -2- 1.7. 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. 2. Engineering and Inspection 2.1. Registered civil engineer. When the cost of the Work exceeds $12,500.00, the Applicant shall employ a registered 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 con- struction 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 maybe 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. -3- 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 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. Miscellaneous 5.1. Indemnity. Applicant shall indemnify, defend, and hold harmless the Town, its Mayor and Council, officers and employees, 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, subcontrac- tor, or any person employed directly or indirectly by any of them in the performance of the Work or in the operation of the Applicant-Installed Facility. 5.2. Binding effect. This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors and assigns of the Parties. 5.3. Consent required for assignment. Applicant may not assign this Agreement without the prior written consent of the Town. ~~ 5.4. Cancellation for conflict of interest. This agreement is subject to A.R.S. § 38-511, which provides for cancellation in certain instances involving conflict of interest. - , -4- 5.5. Representations and obligations for already-completed at-risk construction. To the ex- tent the Applicant has proceeded with the Work prior to the effective date of this Agreement, the Applicant represents. that it has substantially complied with the requirements of this Agreement as the Work was done, and all of the Applicant's obligations with respect to the Work under this Agreement and under Town Code Title 14 have been or will be satisfied. 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 r r By: Ed Honea,` Mayor APPLICANT: DESERT SON COMMUNITY CHURCH OF TUCSON, ARIZONA, an Arizona non-profit corporation, By: John Vargo, President Date: t't,."~' • r°' `'.~ G'~~' ATTEST: y 1yn C. nson, Clerk APPROVED TO RM: r Cass' y, Town Attorne STATE OF ARIZONA SS County of Pima ) Date: The foregoing instrument was acknowledged before me on October , 2008, by John Vargo, President of DESERT SON COMMUNITY CHURCH OF TUCSON, ARIZONA, an Arizona non-profit corporation, on behalf of the corporation. My commission expires: Notary Public -5- as the Work was done, and all of the Applicant's obligations with respect to the Work under this Agreement and under Town Code Title 14 have been or will be satisfied. 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: ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney STATE OF ARIZONA ) SS County of Pima ) APPLICANT: DESERT SON COMMUNITY CHURCH OF TUCSON, ARIZONA, an Arizona non-profit corporation, By: ohn V rg ,President Date: ~ l.J~'T ~ ~~' .~~ The foregoing instrument was acknowledged before me on October ~ , 2008, by John Vargo, Cklf~ President of DESERT SON COMMUNITY CHURCH OF TUCSON, ARIZ A, Arizona rofit corporation, on behalf of the corporation. My commission expires: -=~'~-' ~ ~ Notary Public ,,. ..• ~y Elvia Callahan Motary PubBc -Arizona Pima C wn~Expirea Cow 11 ~ 2011 {00011188.DOC /} - 5 - 10/6/2008 10:46 AM