HomeMy WebLinkAbout06/21/2005 Blue Sheet Water Facilities Agreement Continental Ranch Parcels 56, 57, 72
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE: June 21, 2005
TOWN OF MARANA
AGENDA ITEM:
IX.A.2
TO: MAYOR AND COUNCIL
FROM: C. Brad DeSpain, Utilities Director
SUBJECT: Resolution No. 2005-70: Relating to Water Service; approving
and authorizing the execution of the Agreement between the Town
of M arana and Continental Ranch Development L.L.C. for
Construction of Water Facilities Under Private Contract for
Continental Ranch Parcels 56, 57 & 72.
DISCUSSION
Continental Ranch Development L.L.C. desires to install an On-Site Water Facility to provide
service to a development known as Continental Ranch Parcel 56, 57 & 72. Pursuant to an
Agreement between the Town of Marana and Continental Ranch Development L.L.C. the
developer will construct on-site water service facilities and then pass ownership of these
facilities to the Town; the Town will then provide water service to Continental Ranch Parcel 56,
57 & 72.
RECOMMENDATION
The Water Utility Advisory Committee and staff recommend approval of the Agreement
between the Town of Marana and Continental Ranch Development L.L.c. for Construction of
Water Facilities Under Private Contract for Continental Ranch Parcel 56, 57 & 72.
SUGGESTED MOTION
I move to adopt Resolution No. 2005-70.
BLU Continental Ranch Parce/56, 57 & 72
06/16/20057.'57 AM APM
MARANA RESOLUTION NO. 2005-70
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT BETWEEN THE TOWN OF MARAN A AND CONTINENTAL RANCH
DEVELOPMENT L.L.c. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE
CONTRACT FOR CONTINENTAL RANCH PARCELS 56, 57 & 72.
WHER EAS, Continental Ranch Development L.L.C. intends to facilitate the developmcnt of
property to be called Continental Ranch Parcels 56, 57 & 72 (the "Property"); and
WHEREAS, Continental Ranch Development L.L.C. desires to arrangc for the provision of
water service to and within the Property in connection with developmcnt; and
WHEREAS, Marana is willing to provide watcr scrvice to and within the Property in
accordance with Chapter 14 of the Marana Town Code and in accordance with the terms ofthe
Agreement; and
WHEREAS, Continental Ranch Development LL.C. agrees to the construction of water
facilities for the Property; and
WHEREAS, the Mayor and Council find that the terms and conditions ofthe Agreement are
in thc bcst interest of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF TIlE
TOWN OF MARANA, ARIZONA, AS FOLLOWS:
SECTION I. The Agreement for Construction of Water Facilities Under Private Contract
between the Town of Maran a and Continental Ranch Development L.L.C., 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 eflect to this resolution.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 21;t day of June, 2005.
Mayor ED HONEA
ATTEST:
Jocelyn C. Bronson, Town Clerk
APPROVED AS TO FORM:
Frank Cassidy, Town Attorney
RSO 050621 WSA Continental Ranch Parcel 56, 57 & 72 RSO 2005 71:2
APM 06/1612005
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES UNDER PRTV ATE CONTRACT
THIS AGREEMENT (this "Agreement"), authorized by Chapter 14 of the Marana
Municipal Code, made and entered into this 21"' day of June 2005, hy and between the TOWN OF
MARANA, hereinafter called the Town, and CONTINENTAL RANCH DEVELOPMENT L.L.c.,
hereinafter l.:alJed the Applicant.
WJ'l'NESSETH:
WHEREAS, the Applicant desires to iustall a water facility to provide service to the following
described parcel of land (Continental Ranch Parcel 56, 57, & 72) described on Exhibit "A" attached hereto;
and
WHEREAS, the following special condition(s) applies to tl1e above-described property only when
so indicated by an "Xli next to the condition described below:
x (1) Prior to the final inspection, Applicant shall pay to the Town all applicable fees as
authorized by the Marana Municipal Water Code,
X (2) The system herein permitted is located within the Picture Rocks area specific water system
plan and is thereby subject to an additional water development fee as authorized herein and
by the Marana Municipal Water Code, Applicant shall participate in the proportionate cost
of the protected water main, storage, well capacity and the purchase of a portable self-
contained gem:rator of suflicient size to operate the boosters and fire pump in the amount of
Two Hundred Twenty Eight Thonsand Three Hundred Fifty dollars ($22~,350). Payment
ofthe development fee is required prior to watcr service connection to the system,
X (3) The installation charge for each one inch (I ") meter will be One Thousand Three
Hundred Ten Dollars ($1,310).
WHEREAS, the required plans, specifications, and materials for said facility have been approved
by the Town; and
WHEREAS, the Applicant desires that the Town take ownership of, operate, and service said water
facility; and
WHEREAS, the Town is willing to accept said facility and permit it to be connected to the Town
Water System provided it meets Town standards and the work is done in accordance wilh Town
requirements.
NOW, THEREFORE, in consideration of the matters and conditions herein set forth, IT IS
HEREBY AGREED AS FOLLOWS:
1. GENERAL
1. The Applicant shall design and install, 8t Applicant's own expense, a watcr facility in
accordance with Plan No. ENG-040 1-007 and shalI conioIIn 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! 'own and by this rderem:e made a part
hereot The document referenced herein as Plan No. ENG-0401-007 shallincludca plan note
for new water fBeility and any and all alterations to the existing water system and is included
herein as exhibit "E."
2. The work pennitted by this Agreement shall be done by a contractor properly licensed by the
Slale uf Arizuna as determined by tbe Arizona Registrar of Contractors (A, A-12, A-16) to
perfonn work described herein in accordance with plans approved by the Town.
3. Before any service connections arc made to the system herein pennitted, the Applicant shall
pay to the Town the connection fees required by tht: Marana Municipal Water Code or any
other required fees referenced therein.
4. No serviee connections will be made until the system has been acceptt:d by the Town in
accordance with tht: Marana Municipal Water Code.
5. Any property connecting onto a water main must have a minimum of fifteen teet (15') of
frontage upon that main. The provision or exitilt:nce of a water or other utility easement shall
not contititute frontage for purposes of this paragraph.
6. Meter application will be accepted only if the property to be served is lronting the waterline.
Only one water meter application will be allowed per legal description unless property owncr
can provide the Town with justified plans as to what type of improvement/development is
taking place on the parcel of land. If a propelty owner applit:s for a meter while the property
is fi-onting the water main and later sells that portion of land which is fronting the water main,
the water meter will revert to thc new owner unless other arrangements are maue and are
approved by Engineering SUppOlt Services prior to conveyance.
7. The Applicant shall furnish all labor, material~, equipment, supplies, and tools required to
complete the work herein permitted.
8. Execution of this Agreement certifies that the Applicant has reviewed the plans and
specifications, approved the location of service lines, and is in full accoru therewith.
9. Projects that are inactive for more than one year will be canceled, along with the Constmction
Ab'Teement, if applicable. An unapproved pJ:m will be canceled if more tilan OIle year has
passed since thc last review and the plan has not been resubmitted. An approved plan ,"viii be
canceled if more than one year has passed since plan approval, and construction has not
begun.
II. RNGINEERING AN]) INSPECTION
1. Vv'hen lht: cost of construction is greater than Twelve Thousand Five Hundred Dollars
($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplisb system
design and to layout amI establish control lines and certify the layout according to the
approved plans.
2. Any inspector authorized by the Town shall have full intipection authority over the work to he
perfonned hereunder. The Applicant shall furnish the Town Inspector with reasonable
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facilities for obtaining full information concerning 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 Inspector. Inspection 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 Appliemlt or any contractor.
3. Tn the event that, because of contractor scheduling, a Town Inspector is caused to vmrk [my
ovetiime, or during any hours other than a nonnal 40 hours in a work period, ur on a legal
holiday as defined by the Town, the Applicant or the contractor shall compensate the Tmvn
for any additional salaries, expenses or employee benefits relating to sud] overtime or holiday
work. Such additional inspection costs will be billed to the Applicant. A nOnTInl work period
shall be defined as forty (40) hours in a seven (7) day work period, usually worked on an
eight (8) ham day, five (5) day basis, commencing on Monday and ending on Friday,
continuing in seven (7) day increments.
III. PRECONSTRUCTlON PROCEDURE
1. The Applicant shall submit a written request to begin construction to the Town five (5)
working days prior to the time the work is to commence.
2. This Agreement shall be completed, signed and notarized, and returned to the Town prior to
issuance of a construction permit.
3. No work shall commence until the Town has issued a construction permit which will specify
the starting date and a reasonable time for completion.
4. The work shall be commenced and carried on at such points and in such order as may be
directed by the Town.
5. Materials used in the construction shall be available for sampling and testing prior to being
used in the work. Materials that fail to meet Town specification shall be removed from the
site.
6. The Applicant shall, at Applicant's expense, obtain all necessary pcnnits ~md licenses for
work permitted herein, pay all fees and comply with all laws, ordinances and regulations
relating to the work, public health and safety, and safety of Applicant's employees or
employees of Applicant's contractors.
IV. CONSTRUCTION
1. The Town shall be notified ufthe date upon which work shall be commenced.
2. The Applicant, or Applicant's designated agent, shall be present at all timt:s during
performance of the work. The name of the designated agent and the c.ontractor pcrfonning
the work shall be furnished to the Town before commencement of lhe work. lnstluctions
given the designated agent on the work site shall be deemed to have been given to the
Applicant.
3. The Applicant shall employ only competent and efficient laborers, mechanics or artisans on
the work, and the Applicant agrees to perform the work diligently to complete the work on or
before the completion date given in the "Notice to Proceed."
4. The Applicant shall identify and locate all water valves prior to paving and set Vii lve boxes to
final grade after paving.
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5. The Applicant ~hall, at Applicantls expense, make any and all alterations to the existing water
system either on-site or offMsite necessitated by paving, drainage, or other improvements
caused by tlu1; devdopmen1.
6. The Applicant shall require the Contractor or subcontractor Lu 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 Arizona. The Applicant or Applicant's
contractor shaU be solely responsible for all fines or other penalties provided for by law for
any violations of the Occupational Safety Hazards Act.
V. INDEMNiTY
1. In addition to any liability impo,ed by law, wbich liability is not affected liereby, au belialfof
Applicant and any contractor hired by Applicanl to perfonn any work hereunder, Applicant
shall indemni[y, uefend, and save harmless the Town, its Mayor and Council, officers and
employees, hoards, 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 oIIlission of Applicant or any such contractor or any
subcontractor, or any person employed directly or indirectly, by any of them in the
performance of any work or operations pursuant to this Agreement.
VI. DEDICATION
1. The Applicant shall, and docs, hereby grant, bargain, sell, convey, transfer and deliver to the
Town said water facility to be installed pursuant to this Agreement free and clear of all hens,
claims, chargt$ or encumbrances upon final acceptance of said work by the TaWIl.
2. The Applicant guarantees the work to be free from all failures due to poor workmanship or
materials for a period of two (2) YI;;2IS from the final acceptance date by the Town.
3. DIe Applicant shall not construct any utility, building, or other improvement that would
interfere with thc operation or maintenance of the waterline or water facility to be installed
pursuant to this Agreement.
4. The Applicant further guarantees that all service lines, mders, and meter boxes will be to
finish grade and that Applicant will remain responsible for raising/lowering said services as
required unlil the area described is fully developed.
5. The Town shall accept title to and take possession of the said facility upon completion of said
work to the satisfaction of the Town; and upon acccptanc.c and approval of said work, the
town shall operate and service said facility.
VII. MISCELLANEOUS
1. THIS AGREEMENT shall be binding upon and innre to the belletil of the lieirs, executors,
administrators, successors and assigns of the parties; provided however that Applicant may
not assign this Agreement without the prior written consent of the Town.
2. THIS AGREE!\tiENT is subject to cancellation for conflict of interest pursuant to
ARS. ~38-S II.
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IN WITNESS WHEREOF, the Applicant has executed or has caused this instmmf';nt to bc executed hy its
proper officers hereunto duly authorized, and the Town has caused this Il1strument to be executed by its proper
officers thereunto duly authorized, all as of the day and year fir1-Jt above \vritlen.
men! L.L.c.
~
Title
(l)((l(f uJex/Q r
J Print Name
?/Cf5 f\J [-3USlfUSS fhr k iJr
Street Address
7ZtC5on AZ g5-;~3
City
State
Zip Code
ST ATE OF ARIZONA)
) SS,
COUNTY OF PIMA )
/I On thi') the:) day of Ju fl ~_ , 2005, before me personally appeared
(--:t:.{~ f JJc'K /-f r , known to me to be the persons who subscribed the foregoing instrument
and knowledge that they executed the same for and on behalt of saId person!corporahon for the
purposes and considerations therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
~Ac/lJf~:tclbi1J2-/lI.A,../
Notary Public C' ",
My Commission Expires: ~-4 Q, ~OC'1
THE TOWN OF MARANA
":''''''''',...o<lI'~"~~~'J'''I-,''''''''''''~",,,*;d~.f'' ,
t ',' ','>e"-"" "~I:', ~;~J
' Ii:, j: ':)D'r.--":; .
). :-:i/" () 2C1U7 -'
, "":J~~~....r
By:
Ed Honea
Its: Mavor
APPROVED AS TO FORM
ATTEST:
By:
Frank Cassidy, Town Attorney
By:
Jocelyn Bronson, Town Clerk
5
EXHIBIT" A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please slip the location map of the development
behind tllis cover sheet.]
6
NNNlhU<<lwu"'",
34
36
25
rED \
>0-103 1\
i\
1_\"
~
0'
3520'
I
LOCATION
1760'
I
5280'
I
MAP
3. = 1 MILE
SEcnONS 26, 2734 AND 35
TOWNSHIP 12 SOUTH, RANGE 12 EAST
G&S.R.M., TOWN OF MARANA
PIMA CO., ARIZONA
EXHIBIT "B"
INCORPORATION BY REFERENCE OF TilE
PLANS AND SPECIFICATIONS OF THE
ON-SITE WATER FACILITY
TO BE CONSTRUCTED HEREUNDER
Reference is hereby made to those certain 24" X 36" engmeering drawings of the On-Site Water Facility
Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide
engineering drawings of the On-Site Water Facility in electronic format. Such engineering dr<'lwings may
be more specifically described as follows:
Continental Ranch, Parcels 56, 57 and 72 Water Plan (7 sheets) ENG0403-006
accepted by the Town ot Marana Water Utility D,rector on 2/2/05.
[Please provide a detailed description of the Plans <'lnd Specifications including the date and the code
number of the Plans and the name of the Engineering finn which prepared the same.l
7
EXHIBIT "C"
lTEMIZIW BREAKDOWN OF THE ESTIMATED COST 01' THE
ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER
[Please slip n line by line itemized breakdown of
the Estimated Cost of the On-Site \'later Fscilily
to be installed in accordance with this Agreement
behind this cover sheet.]
Please set forth the total expense lhe Devdoper/Appllcant IS to l11cur for the constnletiol1.
8
CONTINENTAL RANCH, PARCELS 56, 57 & 72 - ESTIMATED COSTS
I
12' PVC Wate< Mlln /I O'lO.no
I 2. 6' PVC Water Main 3275 LF 00
1\ (,?s-
3. '2'\1alve III C 1 E:A ".., I ~~Q rc:
I S?;.Q .-
6S()~ ::;. '"
4. a'ValvaBle 9 CA 6,5ll -
I Jan. ! t, IVV, e: \'),""Wl No, :U4j 1 J)
I
5. Fire H)>drant 1>>::1. DIP & Valve 7 EA 3. 6$Zl ~ ;U-'5-:;o~
I 8. 6' ra Sfrvl>>> Indude. 18 SA 2 600 o~ . q.J
Velve. (, goo -
1. t. Welar S.rvles 16 E:A f',Jb!!.? II It!
I 8. l'lrrIgtltiOnSo",IOOl 19 SA 6 5'b !& ""
n.. 3$'0 -
Conneillt<> ng Tueeon oJ ""
9. We n 1 EA 3()o- 300-
10. Weler Il1IpoOtlon Fe& 3505 LI' 3tE {z. U,:f fE-
11. W'ARV 3 EA lS-?": Z'It5'~
12. 12" 2" Tappin; SlMV& 1 SA 3 OCJO ~ ""
wtth 12"ViIlve 3 CX!o-
13. MaranB 8IorITuoaon W.ler Provided'by 0lJ10r8
2.W. ler
Sublotal Section IV Z'-I7 ;:>1.82.
EXHIBIT "E"
ACTUAL COST OF
ON-SITE WATRR FACILITIES
(To be allacllt::d at time of completion.]
9