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HomeMy WebLinkAbout02/21/2006 Blue Sheet Water Agreement Redemptorist TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: February 21,2006 AGENDA ITEM: 1.3 TO: MAYOR AND COUNCIL FROM: C. Brad DeSpain, Utilities Director SUBJECT: Resolution No. 2006-31: Relating to Water Service; approving and authorizing the execution of the agreement between the Town of Marana and Redemptorist Society of Arizona dba Redemptorist Renewal Center, for construction of water facilities under private contract. DISCUSSION Redemptorist Renewal Center has installed on-site and off-site water facilities to provide additional water service to their property. Pursuant to an agreement between the Town of Marana and Redemptorist Renewal Center, they have constructed the water facilities and will pass ownership of these facilities to the Town; the Town will then provide water service to their property. ATTACHMENT Agreement. RECOMMENDATION The Water Utility Advisory Committee and Staff recommend approval of the execution of the agreement between the Town of Marana and Redemptorist Renewal Center for construction of water facilities under private contract for water service to their property. SUGGESTED MOTION I move to adopt Resolution No. 2006-31. BLU Redemptorist 02/14/20062:40 PM APM MARANA RESOLUTION NO. 2006-31 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND REDEMPTORIST SOCIETY OF ARIZONA, DBA REDEMPTORIST RENEWAL CENTER, FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, Redemptorist Renewal Center has installed on-site and off-site water facilities to provide additional water to their property; and WHEREAS, Redemptorist Renewal Center desires to arrange for the provision of water service to and within the property; and WHEREAS, the Town is willing to provide water service to and within the property in accordance with Chapter 14 of the Marana Town Code and in accordance with the terms of the agreement; and WHEREAS, Redemptorist Renewal Center agrees to the construction of water facilities for the property; 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 Redemptorist Renewal Center, attached as Exhibit A, for construction of water facilities, is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute said Exhibit A on behalf of the Town. 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 ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21 st day of February, 2006. Ed Honea, Mayor ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney RSO 060221 WSA Redemptorist. Rso 2006-31 2 APM 02/14/2006 'I TOWN OF MARAl'tA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT TIns AGREEMENT (this "Agreement") is entered into by and between the TOWN OF MARANA, an Arizona municipal corporation (the "Town"), and REDEMPTORISTSOCIETY OF ARIZONA, d/b/a REDEMPTORIST RENEWAL CENTER, an Arizona non-profit corporation, (the "Appli- cant"). The Town and the Applicant are sometimes collectively referred to as the ''Parties,'' each of which is sometimes individually 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 land described and depicted on Exhibit A attached to this Agreement (the "Subject Property"). 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 shall install, at Applicant's own expense, the water infrastructure improvements as depicted . in Plan No. ENG-0505-011 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 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 Applicant shall relocate a portion of the existing six-inch (6") water main to avoid the center hermitage building to be constructed by the Applicant. The Applicant shall install all offsite improvements as indicated on the Facility Plan including, but not limited to, the booster station upgrades and offsite eight-inch (8") main ex ten- RRC WSA.DOC I} 1 6/7/20053:10 PM sion to fulfill the Applicants fire flow requirements. The Applicant shall provide the Town re- vised legal descriptions and associated easement for all existing and proposed site water main. The Town of Marana shall not be responsible for site restoration in the event the existing or pro- posed main requires maintenance or replacement. The Facility Plan shall include a plan note identifying the Applicant-Installed Facility as a new water facility and shall show any and all al- 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." 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. 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 $3,244.00, including the meter fee and connection fee. 1.5. Frontage requirement. Any property connecting onto a water main shall have a mini- mum of fifteen feet of frontage on that main. A water easement or other utility easement shall not constitute frontage for purposes of this paragraph. 1.6. Meter application requirements. The approved Facility Plan provides for the installation of two water meters, one to serve the new rectory building, and one to serve the remaining new buildings and the existing buildings. If any portion of the property served by the water meter 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 made with and approved by the Town ofMa- rana Water Utility prior to the sale. 1.7. Applicant's certification. Execution of this Agreement certifies that the Applicant and Town have reviewed the Facility Plan and all other specifications applicable to the Work and have approved and agree 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. 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, layout, establish control lines for and certify the layout of the Work according to the Facility Plan. RRC WSA.DOC /} 2 6nt200S 3:10 PM 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 theW ork. 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 perform~ce 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. RRC WSA.DOC /} 3 6n/2005 3:10 PM 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 arid service the Applicant-Installed Facility after taking over possession of it under this para- graph. 6. Miscellaneous 6.1. 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 RRC WSA.DOC /} 4 6n/2005 3:10 PM 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 performance of the terms of this Agreement. 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 required for assignment. Applicant may not assign this Agreement without the prior written consent of the Town. 6.4. 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. IN WTINESS WHEREOF, the Parties have executed this Agreement as of the last date set forth below their respective signatures. TOWN: APPLICANT: By: Ed Honea, Mayor Redemotorist Society of Arizona. d/b/a REDEMPTORIST RENEWAL CENTER BY:. t/L~/)9b~/~ Rev. Thomas San a, C.Ss.R., President THE TOWN OF MARANA, an Arizona municipal corporation Date: Date: / / SD/O{, . I I ATTEST: Jocelyn C. Bronson, Clerk APPROVED AS TO FORM: 8 OfFICI'lL SEAL SUSAN M. LAUFFER .. ',,"'4': _ NOTARY PU8UC-~ONA . .. PIMA COUNTY . My Comm. Expires Sept. 29, 2006 Frank Cassidy, Town Attorney STA TE OF ARIzONA ) ss County of Pima ) . ~ The foregoing instrument was acknowledged before me on...... )J1nLl~~ by Rev. Thomas Santa, C.Ss.R., President ofRedemptorist Society of Arizona, d/b/a edemptorist Renewal Cen- ter, on behalf of the corporation. . My commissi~~es: Cj-rJli- ~/l1~ N Public RRC WSA.DOC /} 5 6nt2005 3:10 PM tTl1 >1 ~I 1Tl1 ~I I ~\ 01 ;2:::\ -1'-1 I ~~ I ~~ . . POINT OF COMMENCING ~ . _ 1_ _ __ _ _ _ _ SOU!H_ ~NE O~~E..CTlON _4_ _ _ _ _ _ ~ ." EXIDBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION ~ ~ ,f' ~<3 ~~ ~~ <<~ :I ~\ POINT "A" \ PROPOSED NEW 1S' WA TERLlNE EASEMENTS~ \ EXlSllNG UTlUTY EASEMENT PER DOCKET 5762, PAGE 930 POINT OF BEGINNING t I I I 1 I I I I I I \ I I I \ NOTE: THIS IS AN EXHIBIT DRAWING ONLY. REFER TO lHE LEGAL DESCRIPTION FOR COMPLETE INFORMATION. I EXHIBIT DRAWING J Job 05-39 - Revise l~gQI from Point "A" 1/18/2006 15 WATERLINE EASEMENTS IN PORTIONS OF +25 S. Plumer. fl02 SECTION 4, T13S. R12E (G&SRM) _ I 1 n 1.a.\l1 nn T~~.o(~;~{z~~~!~~~ DESCRIPTION OF 15 FEET WIDE WATERLINE EASEMENTS Those portions of Section 4, Township 13 South, Range 12 East, Gila and Salt River Meridian, Pima County, Arizona, desribed as follows: COMMENCING at the southeast corner of said Section 4; THENCE North 89 degrees 54 minutes 25 seconds West, 1130.84 feet along the south line of said Section 4; THENCE North 08 degrees 29 minutes 18 seconds West, 296.65 feet to the POINT OF BEGINNING of a 15 feet wide strip of land lying 7.50 feet on both sides o! the following described centerline; THENCE North 08 degrees 13 minutes 02 seconds West, 36.52 feet; THENCE North 19 degrees 50 minutes 53 seconds East, 150.44 feet; THENCE North 66 degrees 31 minutes 41 seconds East, 30.47 feet; THENCE North 21 degrees 31 minutes 41 seconds East, 65.87 feet; THENCE North 09 degrees 18 minutes 35 seconds West, 96.26 teet; THENCE North 35 degrees 16 minutes. 05 seconds East, 7.19 feet; THENCE North 09 degrees 43 minutes S5 seconds West, 125.46 feet; THENCE North 54 degrees 43 minutes 55 seconds West, 7.31 feet; THENCE North 13 degrees 54 minutes 40 seconds West, 114.24 feet to Point "An; THENCE continue North 13 degrees 54 minutes 40 seconds West, 102.60'feet to Point <<B~ and Point of Termination, lengthening and shortening the sidelines as necessary to meet at angle points and terminace upon the southerly right of way of Picture Rocks Road. .TOGETHER WITH a 15 feet wide strip of land lying 7.50 feet on both sides of the following described centerline; BEGINNING at said Point "A"; THENCE South 68 degrees 42 minutes 3Bseconds West, 65.70 feet; 'THENCE South 72 degrees 54 minutes 19 seconds West, 232.41 feet to a Point of Termination, lengthing and shortening the sidelines as necessary to meet at angle points. TOGETHER WITH a 15 feet wide strip of land lying 7.50 feet on both sides of the following described centerline; COMMENCING at said Point.nB", which is a point on the arc of a non-tangent curve concave to the northwest whose raqius point bears North 31. degrees 50 minutes 42 seconds West; , THENCE northeasterly along said curve to the left, having a radius of 421.62 feet and a central angle of 016 degrees 52 minutes 34 'seconds, an arc distance of 124.19 feet to a point of tangency; THENCE North 41 degrees 16 minutes 44 seconds East, 23.68 feet to Point "C" and Point of Beginning of a 15 feet wide strip of land lying 7.50 feet on both.sides of the following described centerline: . THENCE South 49 degrees 22 minutes 04 seconds East, 91.49 feet. THENCE South 03 degrees 45 minutes 00 seconds.East, 51.21 feet to a Point of Termination, lengthening and shortening the sidelines as necessary to meet at angle points. . ! i i ! ' ,