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HomeMy WebLinkAboutResolution 2002-134 agreement with sunset quality builders inc for cosntruction of water facilitiesMARANA RESOLUTION NO. 2002-134 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, APdZONA, ACCEPTING AND AUTHORIZING THE APPROVAL OF AN AGREEMENT BETWEEN THE TOWN OF MAR_ANA AND SUNSET QUALITY BUILDERS, INC. FOR CONSTRUCTION OF WATER FACILITIES UNDER PRIVATE CONTRACT. WHEREAS, Sunset Quality Builders, Inc. intends to facilitate the development of that certain property to be called Dave Phillips Parcels 1 & 2 (the "Property"), more specifically described within Exhibit "1," an Agreement for Construction of Water Facilities Under Private Contract between the Town of Marana and Sunset Quality Builders, Inc. (the "Agreement"); and WHEREAS, Sunset Quality Builders, Inc. desires to arrange for the provision of water service within the Property in connection with development thereof; 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, Sunset Quality Builders, Inc. agrees to the construction of on-site water facilities for the Properly; and WHEREAS, the Mayor and Council find that the terms and conditions of the Agreement are in the best interest of the Town. Marana, Arizona Resolution No. 2002-134- Page 1 of 3 NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, accepting and authorizing the approval of the Agreement attached hereto as Exhibit '9" and incorporated herein by this reference for construction of water facilities. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 3rd day of December, 2002. ATTEST: APPROVED AS TO FORM: Daniel J. Hochuli, Esq. As Town Attorney and not personally Marana, Arizona Resolution No. 2002-134- Page 2 of 3 EXHIBIT "1" Marana. Arizona Resolution No. 2002-134- Page 3 of 3 TOYVN OF MAP, ANA AGREEMENT FOR CONSTRUCTION OF WATER FACILITIES UNDER PP, IVATE CONTRACT THIS AGREEMENT Ithis "Agreement"). authorized by Chapter 14 of tile Marana Mtmicipal Code. made and entered into this _ da~ of 2002, by m~d bet~een the TOWN OF MARANA. hereinafter called the Town. nnd Sunset Quality Builders. Inc.. I~ereina~er called the Applicant. \\"[TNESSET[ I: \VHEREAS. the Applicant desires to install a xxatcr lhcilitv to pro/ide service to tile described parcel of [and (legal description) described on Exhibit "A" attached hereto: and WI IEREAS. tile ~bllowing special condition(s} applies to tile above-described property only when so indicated by' aa "X" next to the condition described belo/~: '~_N_'~/~.___( I ) The/:ater i:acility x~ill bca Protected Main per Plan No. and. theretbre. /x ill be subject to tile conditions outlined ill Section VII of this Agreement. _,",/~'~_ (2) Tile llater [hcility llill be a Protected Booster per Plan No. and. therdbre, l/ill be so(ject lo the Colqditions outlined in Section VIII of this agreement. .____~ .... (3) Prior to tile final inspection, Applicant shall pay to tile To/w all applicable tees as attthorizcd by tile Marana Municipal Water Code. ___* ___{4 ) The system herein permitted /t ill be located xlithin the Picture Rocks area specific water system plan and is thereb3 sul2jcct to an inclusion Ibc as authorized herein and b3 the Marana Municipal Water Code. Pasmenr of the five hundred dollar (55004 per acre inclusion Jbe is required prior lo x~ ater service connection lo the system. __* ..... (5) The Applicant ackno//l,:,dges thal Ihe Toi,.n mav not have an adequate/later supl¢l.x itl the /ichfity of the abo~e-described propet1.~ to meel fire flow requirements. The Applicant flu-ther ackoowledges that this condition may not change in the fimtre nnd agrees to nccept the level of water service Ihal Ilox~ exists or may exist in the lk~lure. Applicant shall indemnit},', delbnd, and save harmless the l'ox~n, its Ma3or and Council. officers and emplo3ees, boards, co~llmitlees and commissions ti'om and against any loss, ctaim, suit. dgmand, cause of action, or liabilit> of an\ nature, including but not limitecl to damaue to property and ii0uries to persons, including death, arising or alleged to have arisen, in or in part, out of the provision, or lhilure of the Tmxn to provide, xxater set-vice adequale to meet fire tim\ requirements to the in'open}. X (6) Toxxn agrees to reimburse the Developer tbr tile cost differential for constructing excess facility's capacit.,, of 6" main line across Cmnino Verde per plans in accordance xvith tile rates as specified herein and in the Maralla Mmficipal Water Code (or as a111¢jldcd t]~cru-af~cr). RehBbul'Selllcnt pa}merit shall be initialed upon "final acceptance" of' the thcilities b5 the Toxxn. __ .~X__._(7) Thc inslallation charge for each fivc-eighth-iach (5/8") meter x~ill be Niae Hundred Dollars (5900.00) plus a $75.00 s¢curit5 deposit. \VHERE..\S. tile required plaas, specilications, and mvterials for said lhcilitv ha,.e beea approxed \VHEREAS. tile Applicaat desires that tile Toxsn take os'.nership o1: operate, and serGce said x;ater and \\'HEREAS. tile Town is ,,,,illing to accept saki facility and permit it to be conaected to tile Tmon \Valet S~s~em pro~ided ir meets Town. Pima CouaU' Department of Envh'onmental Qualily (PDEQ) and Arizona Deparml~nt of Environmental Qualit~ (ADEO) standards and thc ~ork is done in accordanc~ ~ith NOW. THEREFORE, in consideration of the matters and conditions herein set fortl;. IT I$ I.IEREBY AGREED AS FOLLOWS: I. GENERAL The Applicant shall design and install, at Applicant's own expease, a water Facilitx in accordance with Plan No. ENG-0208-010 and s'~all conform to the design smndarcls o~' the Cit3 of Tucson Water Depamneat and the Town of Marana Mu~,icipal Waler Code and special specifications aad details as approved by the Town nnd by this reI~rence made a pm\ hereot~ The document re[breaccd herein ns Plan No. ENG-0208-10 shnll include a plan note tbr new water facilil3 and any aad all alterations to the existing water system aad is included herein as Exhibit "B." The x~ork pemlirted b.s this Agreemeat shall be done by a contractor properly licensed b,, the Stare of Arizona as determiaed by the Arizona Regismu' of Contractors (A. A-12, A-I~) to peribrm work described herein ia accordance with plans approved by the Toxx n. Belbre an) sen'ice connections are made Io file s3stem herein permitted, tile Applicant shall pay to the Town the conneclkm tbes required by tile Maraaa Municipal Water Code or any other required tees retbrenced therein. No service comlections xxill be made uatil tile system has been accepted by tile Toxxn in accordance with tile lVlarana Municipal Water Code. PDEQ aad ADEQ. An) property connecting onto a xxater main must haxe a minimtan of fifteen feet {15') of I'ronrage upotl that main. The provision or existence oFa x~nter or other utilitx easement shall not constitute fi'ontage lbr purposes of this paragraph. Meter application vail be accepted oaiy if the property to be served is fl'omitm the waterline. O11].,. one water meter application xxiil be alloxxed per legal description unless ¢roper? ax\ ncr can provide the Toxin with .justified plans as to vxhat type of improxement/deveiopment is raking place on the parcel of kind. I f a property owner applies Ibr a meter while the property is f:'onting the xxater main and later sells that po~qion of land xxhich is fl'oaring ti~e water maia. the ~xater meter will revert to the new m~aer tlllJess other arrangemeats are made alld are approx ed b3 gnghleeriag Support Services prior to conveyance. It. Ill. The Applicant shall Furnish all labor, materials, equipment, supplies, and fools required to complete tile ',vorl-: herein permitted. Execution of this Agreement certifies that the Applicant has re;ic'aecl tile plans anti specificalions, approx ed tile location or'service lines, and is in full accord therex~ ith. Pro. jects that are inacti,.e fi~r more than one year ~ ill be canceled, along with the ConsZrttcrion Agreement. if applicable. An tmapp~'oved plan will be canceled if more than one xear ha~ passed since the last review and tho pkm has not been resubmitted. An approved plm5 will bo canceled if illOl-e Illan one year has passed sillce plan approva[, alld COllSlrtIc{iOll has not begun. ENGINEERING AND INSPECTION When the cost of construction is greater than Twelxe Thousand Five Hundred Dollars ($12.500.00). tile Applicant shall employ a registered Civil Engineer to acco~'nplish sxstem design and to lay out and establish control lines and ce,¢iI3.' the layout according to the approYed plans. Any inspector authorized by the 'l'oxx n shall have fifll inspection authority over tie ~ork to be per~'bnned hereunder. The Applicant shall fimlisb tile Toxxn Inspector with reasonable facilities tbr obtafnin~ full information concerning tl~¢ ~vork. Tile work shall be subject to Toxxn inspection at all ~mes. Delbctive work shall be corrected in a manner satisl~ctorv to the Toxxn Inspector. Inspection by the Toxin is for the purpose of ensuring complkmce'xxith plans and specifications only. The Town makes no guarantee as to the sat~ty or engineering soundness of plans prepa:'ed [~y Applicant or any contractor. In tile event that. because of contractor scheduling, a Toxin Inspector is causeJ to work any ove:'time, or during any hours other thnn a normal 40 hours in a work period, or on a leg~{ holiday ns defined by the Toxin. the Applicant or the contractor shall compensote the Toxin Ibr a% additional salaries, expenses or employee benefits relating to such overtime or holidax xxork. Such additional inspection co,ts xx ill be billed lo the Applicant. A mmnal work perio}t shall be defined as tbrty (40) hours i~* a seven (7) day ~ork period, usually worked on an eight (8) botlr day. five (5) day basis, commencing on Moncla3 and ending on Frida), continuing in seven (7) daF increments. PRECONSTRUCTION PROCEDURE The Applicant shall submit a writtc:l request to begin consm~clion to tile '¥oxxn fi',e (5) working days prior to tile time tile ~c, rk is to commence. This Agreement shall be completed, signed and notarized, and returned to the Town prior to issuance ofn co Istruction pernlit. No work shall commence until tile Tov, n has issued a constrttction permit ,.vhk:l~ ,alii specify tile starting date and a reasonable time lbr completion. Thc work shall be commenced and carried on al such points and in st;cb order as may be dircctecl b3 tile Town. Materials used in lite consm~cti(m ~ball bc available tbr sampling and testing prior to bcin~ used in the work. Materials dmt ~hiJ to meet Town specification shall be removed fi'om ti~e The Applicant shall, at Applicant's expense, obtain all necessary permits and licenses fi~r work permilted herein, pay all fees and comply ~ith all lax~s, ordinances and re'zulations relating to the work, public beahh and safeL,,, and safet? of Applicant's employees or emp]o~ ecs of Applicanl's conn' ~cto's CONSTRLICTION I. The Tov, n shall be notifiecl of Ibc date upon ,,d~icll ~ork shall be commenced. Tim Applicant. or Applicant's designated agent, shall be present at all 7imes during perlbnnance of the ~ork. Tile name of the designated agent and tile contractor performing the work shall be fin'nishcd to tile Town betbre commencement of tile work. Instructions given tile designated agent on thc ~xork site sball be cleemed to have been given to tile Applicant. The Applicant shall emplo5 only competent and efficient laborers, nlechanics or artisans on the work. and the Applicant agrees to peri'bnn rite ,aork diligently to complete the ~xork on or betbre tile completion date gi,,en in the "Notice to Proceed." The Applicant shall identil},' and locate all ~ater :'alves prior to paving and set valve boxes to final grade after paving. The Applicant shall, at Applicant's expense, make an,,, and all alterations to tile existin~ xxater system either on-site or off-site necessitated by paxing, drainage, or o:ber improxements caused by This development. The Applicant shall require lite Contractor or subcontractor to :omply with all safety requirements of the Occupational Safety and Hazards Act ils set lbrtb by tile Feder,~[ Go~emment 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 tbr by la~ for any violations of the Occupatkmal Safety Hazards Acl. INDEMNITY In addition to any liability imposed by laxx. xdlicb liability is not affected hereby, on behalf of Applicant and any contractor hired by Applicant to perform anv work beretmder. Applicant shall indemnit},, defend, and save harmless the Town. its Nrlab'~t- anti Council. officers and emplosees, boards, committees and commisskms f?om and against any lOSS, clainl, still demand, cause of action, or liabilib oF any nalure, including but not limited to damage ~o property and injuries [o persons, including death, arising or alleged to ba~e arisen, in ~k h<~le or in parl. out of any negligent act or omission oF Applicant or any such contrnctor or anx subcontractor, or any person emploFed clirectly or indirectly, by any of them in tl~b perlbrmance of any xxork or operations pursuant to this Agreement. VI. I_)_EI)ICATION ~llc Applicant shall, and does. hcrcb5 gram. bargain, sell. come,,, tl-mlsl'er and dcllx ec to the Toxxn said ~ater thcility to be installed pursuant to this Aercement fi'cc mid clem' of all lizn4. cJaillls. CJlLIf~CS or CllCtllllbl'allccs LIpOI1 t]llaJ acccptallc¢ el'said xx ork b) the -Fok~n. Thc Al)plicant guarantees tile ~ork Iobc I'ree from all ['allures due to poor workmanship or nlalerials (ora periocl ofh~o (2))cars (rom the fiaal acceptance (lille b.~ tile To'e,, n. Tile .Applicant shall noI construct anx. ulilhv., building, or oilier improvement that ~t~ttlc~ intel'fDic kxith the operation or iil~lJlllellallCC Of thc x~alcdinc or x~ater ~lcilit> to be i.stallcd ptll'Sllallt tO fids Agrcg'lllClll. Fhc Applicant fin'liter guaranlccs that all service lines, meters, and meter boxes ~ill bc to finish grade and that Applicant xk ill remain responsible for raising/Iox,.ering saki set'vices ils required until the area described is i"ully de'~elopcd. ]'he Ttmn shall accept title to and take possession of the said fitcility upoa completion of'said ~ork to tile satisfi~ction of the Tmon alld PDEQ approval, and upon acceptance and approx al of said xxork, the town shall operalc and service said fiicilily. VII. PI'IOTECTI.:I) !MAIN (N/.~) An5 portion of tile systenl described as n Protected Main in tile preamble hereto shall be eligible fin- protection as authorized herein anti by the Marana Monicipal Water Code. (a) Pmlicipating property which is resulxlivicled or split in sttch a manner that any portion thereof'no longer fl'onls upon tile protected main tbr a distance oFat least fifieen-tbet (15') will not be considered a participating properb and xxill not be eligible tbr a ~xate;' LIpon completion and acceptance of tile thcilib installed pursuant to this Am'eenlent. the Applicant may be eligible tbr retired of'thai portion of the cost thai is not directly ~qttributable to prox idhlg xxater service solely to Applicant's property as Iblloxxs: \Vhen a meter application is received by the ']-oxxn Ibr a water service or ,.vat~.r mahl connectk)n to the wnler nlain installed pursuant to this Agreement bx nonpatlicipating propcrt3 fi'onting the main. the Town will collect the tbes required i~erein and b3 the Marana Municipal Water Code and shall be refitntled to the Applicant. These sums. or portions thereof: XdlCn collected by the Town shall be re':ttndcd to the Applicant as a pro-rata share of tile rcthndable portkm of rite cost of'the ~ a/er main ha>ed tlpOI1 lhe "As-Buih" lbotagc of the main inslalled b> the aibresakl Agrcemenl in sitJd street, alley or easement right-olLxxa5. (c) hi no exent ,,viii the aggregme alDOtlllI roll. reded exceed die full. authorized reftmdable portion of file cost of thc xxaler lhcilities installed. In the event tile/'till amhorized amount has not been refunded within fifteen (15) vears fi'om tile date of this Agreement. balances remaining unpaid shall be considbrcd canceled, and tile Toxxn shall be t.tdli discharged fi'om any fllrthcr obligations Liiider this Agreement. UDorl COIllpletioll O|'C~/llstrtlclioll. a refund amomn duc to the ~\ppl,Call[ x~ili [-e determined based on tile rates set/bJlb in thc Milralra tMtJnicipal %VateJ' Code. Thc Tolxn makes Ilo guarantee [hat Ihe Applicant ~ ill re(o/er tile ftdl balance due in case it collected do not cover tile fidl cost of tile x~alcr Illa[11 installed or if tim prope~x is s~r~ed hx F, xIcnsions or' the s)stem described in Ih( preamble hereto to provide service to subdiv is(oas, lois or parcels remote fi'Olll IJle SII'CC[. alle) Or casement ri~h[-olL~ay [h~e containhl~ the atbresaid protected main. x~ ill not be su[~jcct to protected ~Bain f~es. VIII. I%[OT£CTEI) BOOSTER Ally: portion of the system described as a Protected [:acilit'~ in the preamble her(to shall be eligible tbr protection as authorized herein and by the .,'vku'a:;a Mtmicipal Water Code. Upon completion and acceptance of thc lhcilitl installed pursuant to this Agree ~ent tile Applicant may be eligible lb,' refmld of(bat pot~.i'on oflhe cost that is not directi3 attributable to providing water serx ice solely to .Ap )licant's property as Ibllows (al When a meter application is received by tile Town tbra lxater service served b/ tile booster installed pursuant to Ibis Agreelnenl by nonparticipating propel-t3, tire I'o~/,~ xxill collect tire tees required herein and by tile Marana Municipal Water Code and shall be relimded to the Applicant. (b) These sums. or portions thereof, when collected by tire Town shall be refunded to tile Applicant as a pro-rata share of tile refundable potJtion Of'llre cost of the booster basecl tlpoI1 the final cost of the booster installed b) the atbresaicl Agreemnent. (c) Itl no event /Gll tile aggregate atllottllt refunded exceed tile filll, at~thorized refundable portion of(be cost of the water lhcilities installed. In the event the Iidl authorized amount bas not been refimded xxJthin filieen (}5) \ears fi'om the date of tills A~reement. any balances remaining unpaid shall be consid~:ed canceled, alld the Toxin ~hall be litll3' dis(barged From nny fl,'the( obligations under this Agreement. Upon completion of construction, a reftmd amount due to tile Applicant ',/ill be determined hased on the rates set th[Cb in thc Marana Municipal \Valet Code. Tile 'l'o//n makes no guarantee that tire Applicam xxiII re(o/er tile fi~ll hakmce due in tile elenl it becomes Ilecessarx to collstrtlct other water iBaills to serve tile Same properties or if the sums collected do not co\ct the served hy mains otbem (se conslructed. Relhl)dahle amounts will be based upon n pro-rata share of tile tinal cost of tile fir(ii(tx improvemcnls dMded by the nonparticix)ting area 3et to be developed in accordance tire Ma(aaa Mtmicipal Water Code and this a=reelnem/t. Tills AGRI{EMI--_NT shall be binding upon and inure: lo th~ bcnclit of thc heirs. ~xcculor~. administrators, st~ccessors and assiuns of the parties: proxided ho~u~er that Applicant ma5 not assiun this Agreement ~ ithout tl~c prior ~ ritten consent ol'Ihe 'l-o~ll. THIS AGREEMENT is sub. iect to canct.'llafion for conflict o£ interest ptu-stlallt to A.R.S. ~38-51 I. [The remainder ol'this page intentiot~all.~ leli bkmk] IN WITNESS WHEREOF. thc Applican! Ires executed ~l' has caused this inslrttmcnl 1o be executed la3 its proper officers hereunto duly authorized, and the Toxxn has caused this hls~l'UI]l¢l]; tO [)e executed bx ils proper ofificcrs thereunto duly aulhorJzed, all as of the day and }car first aboxe xwitten. ___Sunset Qualiw Builders. Inc. ~'~-~ Signature /l'itle STA'FE OF ARIZONA) )ss. COLINT'V OF PIMA ) Print Name Street Address Cit3 State Zip Code Ii>: lis: APPROVED AS TO FOI?,M ATTEST: B): ,As Toxx n Attorney and not personally Toxxn Clerk E X H 1 B IT "A" LOCATION MAI' OF THE I)EVELOPMENT WITH I.E(;AL DESCRIIq'ION slip the I~catkm m,qp of the dex clopment behh~d this coxer shcel,l EXHIBIT "B" INCOI'~PORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTI~D }IEREUNI)EP, I{cfi_'rcnce is hereby made to those certain 24" X 36" engineering drawings oI'the On-Site Water Facilit~ I'lans. Copies of such engineering dr:m ings ma) be rex icxxcd at Mm'a 's offices Applicant ~ilt pro~/cie el}Ehlee:-hl~ dr~lxx hl~s of file On-Sile Water Facilib. in electronic lbrmat. Such engineeriag ch-a~x in~s max be more specifically described as tbllows: ~ [Please prox idea detailed description oFthe Plans and Specilicatioas includin,.z tile date and tile code number of the Plans and the name o]'the Engineerhlg firm x,,hich prep,~red tile same.] EXHIBIT "C" INCORPORATION BY REFERENCE OF THE PLANS AND SPECIFICATIONS OF THE OFF-SITE ~VATI,'.R FACILITY TO lie CONSTRUCTED BY THE TOWN OF MARANA HEREUNI)ER [e. eference is hereb.¥ made to thost: certain 24" X 36" elminecrin,_, draxxings of the Of'~LSile Water Facilit) I'lans. Copies of such eneineerin~ drax~in~s may be rexiexxed at I laralls ottSces. Sucl: enzineerinz dra~ings ma3 be more specifically described as lbtlox~s: ~ ~ [Please provide a detailed description of the Plans and Specifications including tile date and the code number of the Plans and the name of tile Engineering 15tm xxhich prepared tile same.] EX ti 1 BIT "l)" ITEMIZED BREAKDOXA'N OF TINE ESTIMATED COST OF THE ON-SITE WATER FACILITY TO BE CONSTRUCTED HEREUNI)EI~, [Please slip a linC' by line itemized breakdm~n of tile Estimated Cost oFthe On-Si~¢ Water Facilit3 to be installed in accordance with this Agreement behind this coxer sheet.] Please set fi~r[h lhe total expense th~ Dc~ eloper/Apl, licant is Io incur t~ar the conslruction. OCT. lb, 2002_ ERIC SHEPP PIlvlA CO. DEPT. OF: ENVIRONHENTAL QUALITT' DEAR ERIC, SUBJECT.- POTABLE HATERLINE EXTt=NSION .. TO SERVE DAVE PHILLIPS PARCEL'S TO.I/x!N OF: PIAP-.ANA PLAN NO. I AN P-,.EQUESTIN® AN t=XEivfpTION F:ROH ADt=Q "~P'PROVAL TO CONSTRUCT" FOR THE SUBJECT PROJECT PER ARIZONA ADI',dlN. CODE RIS,-4-5OS-B-4. ENCLOSED IS I~P"f OF THE I.'"IATERLINE PLAN AND COST FSTII'dATE. - SHOULD YOU HAVE QUESTIONS CONCERNIN® THIS~ RE~QUF:ST OR THE PROJECT PLEASE CALL SI NC, EREL'r', l."iAh'flxlE THURESON, P.E. ®AD 5~10 IAI. EL CAHINO DEL TUCSON, AZ. ATTACHI'dENT - PLAN 4~ COST ESTIhI'ATE CC.- PAVE PHILLIPS, PROPERT"f OI.",INER This project is im~g Potable M~s .~ R~I~ ~ ~ project is lm enfimly/p~y M~ ~ ~J~ ~ ~D. semite ~ea. This project is l~ en~ly/p~y ~ Ci~own Li~ts. ********************************************************************************** Q,mntlty Size Item Cost Total Cost ~/, ~,, ~ ............................... @ ~o_.~. = Pipe ............................... @ DI Pipe ............................ @ Valves, B & C ....................... @ Valves, B & C ....................... @ Valves, B & C ....................... @ Valves, B & C ....................... @ Tapping $1eev_e.& Valve, B & C ......... @ Tapping Sleeve & Valve, B & C ......... 2" ~ Valve Assembly (Pave~l Ama) ............ 2" Drain Yalve Assembly (lJnpav~l An:a) .......... @ Fire Hydrants ................................ ca Paving R~I. 6"ABC 2" Asphalt .................. PavingRepl. 6"Cone. 2" Asphalt ................. @ 1" WA~_~ ~[//~ ff O" -~o0~ = ~,~)D / 'Z" /-5,9~-~' = /-~z)~ TOTAL ESTIMATE Total Estimate (lnet,,,l.s), (Does not incl_yd.) Items from Supplementary Sheet w:~oc..unent$'~o,maga~fform.~eo st.cloc rev, 4/11/02 ~DD ~--~° = ~(g D~ S D c:) ~-- = /~ Df)°-~- EL PASO NATURAL GAS Right-of-Way E~croachment Water Li~e Crossing This is to ad,se that El Peso Natural Gas Company has no objeclJons to the above ctossm9 Fovided that you comply with the following c'~nsbuCtJOn and safety rec~u;~m'nentS as checked [] batow: ~ 1. Contact our District Manager..~,~/./~4~PoP~.~ at ..~2D-.:5'7~/- ~/72.?., 48 hours prior to any c~n.~'uctJon ac~it~s on or near oar ~ht o~ way and fadli~les. ~'~2. The I~'oposed wate~ line c~ossing s,haJl be installed over Or under our s~ject pipetire(s) with a mm~mum ~caJ ~,,::~-ance of 24 incfles t~l~,~-~ ~x,¢ I~e and oum a~xHhe depth will rema~ constant acms~ our ~ht o~ v-ay; ~/$. No manholes, melees, vaJves or ~ are ~o be ~'~d, alled ~ our "~ of w'ay. The right of way wil~ be marked for reference l~"'to' to a~y ac~vit. Jes. ~/4. Your line shaJl cr~s:s o~r facilities af as angJe o~ 90 de~-ees o¢ as ne.~' to 90 degrees as is ~ac'f,c~l. Any de,~atio~ sha~ be cie~-,~l through our disldcl off~f~ P~or to ~. [~ 5_ The operation of ar~ excavating equipment upon, over ~' within 5 i'e~ of o~r pipette(s) is prohibited unless authofize~ by o~ dish'ic~ olfice o~ distr~ perso~ne~ [] 6. If lhe line is of a met,eEoc substance, a minimum Of 2 catho~c protec~o~ test leads must be i~$._~led at ~ crossing teca~on ores diracted by our district c~rrosion ~ 7. Adherence to all Fede~'~, Stat~ and Local laws that may be ap¢icabie ~o the insta'lafJon fac'Ji~es roi' ~ i'~ gas plpeJires. This aJso includes notifying [he 'Afiz~la Blue Stake" and having a cafr~ inspects' on ~e job sile dUt~:j any trenching actMtles es mqae'ed b~ OSHA ~*gulatioes. By g'mng our consent to tJ'~e proposed installalio, of [he water lire a~'~ss our fac2ies. ] is under~l~xl that ~.e do not a~ any .=,'t,~t%nai responsJbi~/~o¢ pl~ect~g our fac~_,e~_, ret will w~ irt~ur asy liaba~ for dam~:jes to persons with the instalta~do~ of the wa~r lloe will be without ex'pease, ~s~ or ~abFet~ tO FI Paso Natural Gas Compa,y or any of LETTER OF TRANSMfI'I'AL t=.,ao< PHONE We are sending you ~ Attached ~] Shop drawings .~_ Prims .~ Copy oflener ~'] Change Order Under separate cover via - - the followin_~ items: Plans ~ Sample [] Specifications THESE AJLE TRANSMITTED as checked below: ~"~ For review and comment ~:' }" ~ For bid~ due copi~ for approYal __ copies for dism'bmion __ corret.-ted pr~ts ~ ?rints ~e#mw..4 after loan to ~ts COPY TO SIGNED I~XtlIBIT ACTUAL COST OF ON-SITE WAT~,~R FACI i~ITIES []'o be attached a( time ol'compietion.]