HomeMy WebLinkAboutResolution 2004-075 agreement with M and I bank for construction of water facilitiesMARANA RESOLUTION NO. 2004-75
RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF
THE AGREEMENT BETWEEN THE TOWN OF MARANA AND M & I BANK FOR
CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT.
WHEREAS, M & I Bank intends to facilitate the development of property to be called M & I
Bank (the "Property"); and
WHEREAS, M & I Bank desires to arrange for the provision of water service within the
· Property in connection with development; and
WHEREAS, Marana 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, M & I Bank agrees to the construction of on-site 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 M & I Bank, 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 ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 15t~ day of June, 2004.
ATTEST:
:c~lyn C~flronson, Town Clerk
APPROVED AS TO FORM:
RSO 040615 M & I Bank RSO 2004-75
APM 06/07/2004
TOWN OF MARANA
AGREEMENT FOR CONSTRUCTION OF WATER
FACILITIES UNDER PRIVATE CONTRACT
THIS AGREEMENT (this "Agree.~ent"), authorized by Chapter 14 of the Marana
Municipal Code, made and entered into this ~/~*r"day of June 2004, by and between the TOWN OF
MARANA, hereinafter called the Town, and M & I BANK, heminat~er called the Applicant.
WITNESSETH:
WHEREAS, the Applicant desires to install a water facihty to provide service to the following
described parcel of land (NE Comer of Cortaro and Silverbell) described on Exhibit "A" attached hereto;
and
WHEREAS, the following special condition(s) applies to the above-described property only when so
indicated by an "X" next to the condition described below:
X
(1)Prior to the final inspection, Apphcant 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 and well capacity in the amount of Thirty Eight
Thousand Seven Hundred Forty Five Dollars ($38,745). Payment of the development fee
is required prior to water service connection to the system.
X
(3) The installation charge for each one inch (1 1/2") meter will be Five Thousand Nine
Hundred Ten Dollars ($5,910.00).
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 with Town
requirements.
NOW, THEREFORE, in consideration of the matters and conditions herein set forth, 1T IS
HEREBY AGREED AS FOLLOWS:
I. GENERAL
The Applicant shall design and install, at Applicant's own expense, a water facility in
accordance with Plan No. ENG-0401-007 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
hereof. The document referenced herein as Plan No. ENG-0401-007 shall include a plan note
for new water facility and any and all alterations to the existing water system and is included
herein as Exhibit "B."
The work permitted by this Agreement shall be done by a contractor properly licensed by the
State of Arizona as determined by the Arizona Registrar of Contractom (A, A-12, A-16) to
perform work described herein in accordance with plans approved by the Town.
Before any service connections are made to the system herein permitted, the Applicant shall
pay to the Town the connection fees required by the Mamna Municipal Water Code or any
other required fees referenced therein.
No service connections will be made until the system has been accepted by the Town in
accordance with the Marana Municipal Water Code.
Any property connecting onto a water main must have a minimum of fit~een feet (15') of
frontage upon that main. The provision or existence of a water or other utility easement shall
not constitute frontage for purposes of this paragraph.
Meter application will be accepted only if the property to be served is fronting the waterline.
Only one water meter application will be allowed per legal description unless property owner
can provide the Town with justified plans as to what type of improvement/development is
taking place on the parcel of land. If a property owner applies for a meter while the property
is fronting the water main and later sells that portion of land which is fronting the water main,
the water meter will revert to the new owner unless other arrangements are made and are
approved by Engineering Support Services prior to conveyance.
The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to
complete the work herein permitted.
Execution of this Agreement certifies that the Applicant has reviewed the plans and
specifications, approved the location of service lines, and is in full accord therewith.
Projects that are inactive for more than one year will be canceled, along with the Construction
Agreement, if applicable. An unapproved plan will be canceled if more than one year has
passed since the last review and the plan has not been resubmitted. An approved plan will be
canceled if more than one year has passed since plan approval, and construction has not
begun.
ENGINEERING AND INSPECTION
When the cost of construction is greater than Twelve Thousand Five Hundred Dollars
($12,500.00), the Applicant shall employ a registered Civil Engineer to accomplish system
design and to lay out and establish control lines and certify the layout according to the
approved plans.
Any inspector authorized by the Town shall have full inspection authority over the work to be
performed hereunder. The Applicant shall furnish the Town Inspector with reasonable
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 Applicant or any contractor.
2
In the event that, because of contractor scheduling, a Town Inspector is caused to work any
overtime, or during any hours other than a normal 40 hours in a work period, or on a legal
holiday as defined by the Town, the Applicant or the contractor shall compensate the Town
for any additional salaries, expenses or employee benefits relating to such overtime or holiday
work. Such additional inspection costs will be billed to the Applicant. A normal work period
shall be def'med as forty (40) hours in a seven (7) day work period, usually worked on an
eight (8) hour day, five (5) day basis, commencing on Monday and ending on Friday,
continuing in seven (7) day increments.
PRECONSTRUCTION PROCEDURE
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.
This Agreement shall be completed, signed and notarized, and returned to the Town prior to
issuance of a construction permit.
No work shall commence until the Town has issued a construction permit which will specify
the starting date and a reasonable time for comple~ion.
The work shall be commenced and carried on at such points and in such order as may be
directed by the Town.
Materials used in the construction shall be available for sampling and testing prior to being
used in the work. Materials that fall to meet Town specification shall be mmaoved from the
site.
The Applicant shall, at Applicant's expense, obtain all necessary permits and 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.
CONSTRUCTION
1. The Town shall be notified of the date upon which work shall be commenced.
The Applicant, or Applicant's designated agent, shall be present at all times during
performance of the work. The name of the designated agent and the contractor performing
the work shall be furnished to the Town before commencement of the work. Instructions
given the designated agent on the work site shall be deemed to have been given to the
Applicant.
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."
The Applicant shall identify and locate all water valves prior to paving and set valve boxes to
£mal grade alter paving.
The Applicant shall, at Applicant's expense, make any and all alterations to the existing water
system either on-site or off-site necessitated by paving, drainage, or other improvements
caused by this development.
The Applicant shall require the Contractor or subcontractor 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 Arizona. The Applicant or Applicant's
contractor shall be solely responsible for all fines or other penalties provided for by law for
any violations of the Occupational Safety Hazards Act.
INDEMNITY
In addition to any liability imposed by law, which liability is not affected hereby, on behalf of
Applicant and any contractor hired by Applicant to perform any work hereunder, Applicant
shall indemnify, defend, and save 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 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
The Applicant shall, and does, 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 liens,
claims, charges or encumbrances upon final acceptance of said work by the Town.
The Applicant guarantees the work to be free from all failures due to poor workmanship or
materials for a period of two (2) years from the final acceptance date by the Town.
The Applicant shall not construct any utility, building, or other improvement that would
interfere with the operation or maintenance of the waterline or water facility to be installed
pursuant to this Agreement.
The Applicant further guarantees that all service lines, meters, and meter boxes will be to
finish grade and that Applicant will remain responsible for raising/lowering said' services as
required until the area described is fully developed.
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 acceptance and approval of said work, the
town shall operate and service said facility.
IV. MISCELL32qEOUS
THIS AGREEMENT shall be binding upon and inure to the benefit of the heirs, 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 AGREEMENT is subject to cancellation for conflict of interest pursuant to
A.R.S. §38-511.
4
IN WITNESS WHEREOF, the Applicant has executed or has caused this instrument to be executed by its
proper officers hereunto duly authorized, and the Town has caused this instrument to be executed by its proper
officers thereunto duly authorized, all as of the day and year first above written.
M & II'ink
7350 E. Evans Road
S~xeet Address
STATE OF ARIZONA)
) SS.
COUNTY OF PIMA )
Zip Code
On this, the ~[~ day of ~A~{AU , 2004, before me personally appeared
C-~q'~rt,G ~/~t~r~ t~,~ ~ , known to me to be ttae persons who subscribed the foregoing instrument
and ~knowle~dge3that they executed the same for and on behalf of said person/corporation for the
purposes and considerations therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and offic~s~al.
Notary P~blic- ' //
My Commission Expires:
THE TOWN OF MARANA
Its: Mayor
APPROVED AS TO FORM
ATTEST:
EXHIBIT "A"
LOCATION MAP OF THE DEVELOPMENT
WITH LEGAL DESCRIPTION
[Please slip the location map of the development
behind this cover sheet.]
September 17, 2003
WLB No. 186031-K-056-1003
P:\03025-M&I bank\legals\BankMI-REVISED.doc
CONTINENTAL RANCH
PARCEL 56-57
M&I BANK PARCEL
That portion of the Northeast One-Quarter (NW 1/4) of Section 34, Township 12 South, Range
12 East, Gila and Salt River Meridian, Pima County, Arizona, described as follows:
COMMENCING at the Northeast corner of said Section 34;
THENCE S 01°01'00" E, along the East line of the said Northeast Quarter (NE 1/4), a
distance of 592.01 feet to the Southeasterly right-of-way line of Cortaro Road;
THENCE S 33030'07.. W along said right-of-way line, 505.26 feet to the POINT OF
BEGINNING;
THENCE S 56°29'53" E, 201.36 feet to a point of intersection with a non-tangent curve,
a radial line through said point bears N 67049'20'' W;
THENCE Southwesterly along said curve to the left, having a radius of 325.00 feet, a
central angle of 07°28'40", for an arc length of 42.44 feet to a point of tangency;
THENCE S 14042'00.. W, 137.81 feet to a point of curvature of a tangent curve concave
to the Northwest;
THENCE Southwesterly along said curve to the right, having a radius of 275.00 feet, a
central angle of 04°21'35", for an arc length of 20.93 feet to a point of intersection with the
Easterly line of a parcel recorded in Docket 11096, Page 770;
THENCE N 56°29'53" W, along said line a distance of 262.77 feet to the most Northerly
corner thereof; said corner being on the Southeasterly right-of-way line of Cortaro Road;
THENCE N 33°30'07.. E, along said right-of-way line, a distance of 191.43 feet to the
POINT OF BEGINNING.
Containing 44,260 Square feet (1.016 acres) of land, more or less.
Page 1 of 1
EXHIBIT "B"
INCORPORATION BY REFERENCE OF THE
PLANS AND SPECIFICATIONS OF THE
ON-SITE WATER FACILITY
TO BE CONSTRUCTED HEREUNDER
Reference is hereby made to those certain 24" X 36" engineering 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 drawings may
be more specifically described as follows:
[Please provide a detailed description of the Plans and Specifications including the date and the code
number of the Plans and the name of the Engineering finn which prepared the same.]
7
EXHIBIT "C"
ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF THE
ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDF, R
[Please slip a line by line itemized breakdown of
the Estimated Cost of the On-Site Water Facility
to be installed in accordance with this Agreement
behind this cover sheet.]
Please set forth the total expense the Developer/Applicant is to incur for the construction.
TOWN OF MARANA
Final Estimate And Matet~al Take-Off
LANDMARK ENGINEERING INC.
IName: M&I Bank
Plan No: 3025
Date: I/7/2004 Rev. 6/1/04
IThis Project is installing Potable Mains X Reclaimed Mains .
This Project is located entirely/partly within the MARANA 'Serv (~e Area
This Project s located entirely/partly within MARANA City. Town Limits.
Cost Last updated
6/I/2004
Quantity Size Item
'"'"' "'~o~,, ,FL'u" ~ost Total Cost
88 4" PVC Pipe $11.00 $968.00
0 6" PVC Pipe $12.00 $0.00
0 8" PVC Pipe $16.00 $0.00
0 10" PVC Pipe $18.00 $0.00
0 12" PVC Pipe $28.00 $0.00
0 6" D.I. Pipe $37.00 $0.00
0 8" D.I. Pipe $60.00 $0.00
0 10" D.I. Pipe $75.00 $0.00
0 12" D.I. Pipe $86.00 $0.00
0 4" Valves, B and C $650.00 $0.00
0 6" Valves, B and C $700.0(3 $0.00
0 8" Valves, B and C $800.0(3 $0.0(]
0 10" Valves, B and C $875.00 $0.0(3
0 12" Valves, B and C $990.00 $0.00
1 4" Tapping Sleeve and Valve, B and C $1,250.00 $1,250.00
0 8" Tapping Sleeve and Valve, B and C $1,300.00 $0.00
0 2" Drain Valve Assembly (Paved Area) $550.00 $0.00
0 2" Drain Valve Assembly (Unpaved Area) $400.00 $0.00
0 n/a Fire Hydrants $1,500.00 $0.00
0 1" & 3/4" New Split Water Service Stub $495.00 $0.00
1 1 1/2" New Water Service $1,000.00 $1,000.00
0 n/a ~,ir Release Valve Assembly $0.00 $0.00
1 1 1/2" Backflow Preventer $400.0(~ $400.0(;
I 1 1/2" Water Meter $1,000.0(3 $1,000.0(3
0 $0.00 $0.00
0 $0.00 $0.00
Total Est. $4,618.00
6/112004
EXHIBIT "E"
ACTUAL COST OF
ON-SITE WATER FACILITIES
[To be attached at time of completion.]
9