Loading...
HomeMy WebLinkAboutResolution 2004-078 agreement for construction of water facilities for gladden farms block 5MARANA RESOLUTION NO. 2004-78 RELATING TO WATER SERVICE; APPROVING AND AUTHORIZING THE EXECUTION OF THE AGREEMENT BETWEEN THE TOWN OF MARANA AND U S HOME FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT FOR GLADDEN.FARMS BLOCK 5. WHEREAS, U S Home intends to facilitate the development of property to be called Gladden Farms Block 5 (the "Property"); and WHEREAS, U S Home 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, U S Home 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 U S Home, 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 B Y T HE MAYOR AND COUNCIL O F THE TOWN OF MARANA, ARIZONA, this 15th day of June, 2004. ATTEST: ~o~el~ tC.~ronson, Town Clerk RSO 040615 Gladden Farms Block 5 RSO 2004-78 2 APM 06/06/2004 TOWN OF MARANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT THIS AGREEMENT (this "A~g~eement"), authorized by Chapter 14 of the Marana Municipal Code, made and entered into this 15 day of June 2004, by and between the TOWN OF MARANA, hereinai~er called the Town, and U S HOME, hereina~ called the Applicant. WIrNESSETH: WltEREAS, the Applicant desires to install a water facility to provide sen, ice to the following described p amel o f 1 and (Harvest M con a t Gladden F arms Block 5 ) described o n 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, Applicant shall pay to the Town all applicable fees as authorized by the Marana Municipal Water Code. X (2) The installation charge for each five-eighth-inch (5/8") meter will be Nine Hundred Dollars ($900). 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 potable and non-potable water facility in accordahce with Plan No. ENG-0311-014 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-0311-014 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 th6 State of Arizona as determined by the Arizona Registrar of Contractors (A, A-12, A-16) to perform work desoribed 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 Marana Municipal Water Code or any other required fees referenced therein. No service connections w ill b e made until t he system h as been accepted b y t he T own i n accordance with the Marana Municipal Water Code. Any property connecting onto a water main must have a minimum of fifteen 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 fi'onting 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 taldng 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. 7. The Applicant shall furnish all labor, materials, equipment, supplies, and tools required to comple~ the work herein permitted for potable and non-potable systems. 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. ENGRgEERING 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 defined 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. PRECONSTRUC'I1ON PROCEDURE The Applicant shall submit a written request to begin conslruction to the Town five (5) work/ng 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. 3. No work shall commence until the Town has issued a construction pcamit 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. 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 fi.om the site. The Applicant s hall, a t Applicant's expense, o brain a 11 necessary permits a nd Iicenses for work p ~m,itted 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. W. CONSTRUL'rlON 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 after 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. 3 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 subeontmetor, 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 both said water facilities 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. 2. 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 end 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. MISCELLANEOUS 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. ° THIS AGREEMENT is subject to cancellation for conflict of interest pursuant to A.R.S. §38-511. 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. U S Home Applicant By: Signature Title Print Name Street Address City State Zip Code STATE OF ARIZONA) )ss. COUNTY OF PIMA ) On this, the day of , 2004, before me personally appeared , known to me to be the persons who subscribed the foregoing instrument and acknowledge that 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 official seal. Notary Public My Commission Expires: THE TOWN OF MARANA Its: Mayor APPROVED AS TO FORM ATfEST: By: Town Attorney EXHIBIT "A" LOCATION MAP OF THE DEVELOPMENT WITH LEGAL DESCRIPTION [Please slip the location map of the development behind this cover sheet.] EXmBIT "B" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF POTABLE AND NON-POTABLE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER Reference is hereby made to those certain 24" X 36" engineering drawings of the potable and non-potable On-Site Water Facility Plans. Copies of such engineering drawings may be reviewed at Marana's offices. Applicant will provide engineering drawings o f thc On-Site Water Facility i n electronic format. Such engineering drawings may bc more specifically described as follows: 7 EXHIBIT "C" ITEMIZED BREAKDOWN OF THE ESTIMATED COST OF TI--l~ ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNDER [Please slip a line by line itemized breakdown of the Estimated Cost of the On-Site Water Facility both potable and non-potable 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. 8 E~XHIBIT "D" ACTUAL COST OF POTABLE AND NON-POTABLE ON-SITE WATER FACELI'I'IES [To be attached at time of completion.] 9