HomeMy WebLinkAbout2010-11-23; City Council; Resolution 2010-2561
RESOLUTION NO. 2010-256
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, FOR THE APPROVAL OF
REIMBURSEMENT AGREEMENT BETWEEN AMTRAK AND
THE CITY OF CARLSBAD AND APPROPRIATION OF FUNDS
FOR PROTECTING CITY UTILITIES AS PART OF THE
AMTRAK DOUBLE TRACKING PROJECT. PROJECT NO. 5516.
WHEREAS, National Railroad Passenger Corporation (Amtrak) has entered into a
contract with North County Transit District to implement the Carlsbad Double Track Project form
MP 229.4 to MP 231.8 (Project), which includes construction of an additional railroad track and
extensions of protective casings for various City owned water and sewer pipelines, and protection
of two sewer manholes (City Utilities Protection) within the project area; and
WHEREAS, the Project is exempt from the California Environmental Quality Act (CEQA)
per State CEQA Guidelines Section 15275(b) - the institution of passenger or commuter service
on rail lines already in use; furthermore, the Project was identified in a Program EIR that was
14 certified September 2007 for rail corridor improvements; and
WHEREAS, pursuant to various License Agreements between the City and owner of the
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Project; and
railroad right-of-way, the City is responsible for paying for the City Utilities Protection portion of the
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18 WHEREAS, Amtrak and the City of Carlsbad desire to enter a reimbursement
1Q agreement to satisfy the City's responsibility for payment of the City Utilities Protection portion of
20 the Project; and
21 WHEREAS, at this time, there has been submitted to the City Council for review and
22 approval, a reimbursement agreement (Reimbursement Agreement) setting forth certain terms and
23 conditions, for work to be installed and reimbursed pursuant to the Reimbursement Agreement;
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25 WHEREAS, $80,000 from the Water Replacement Fund and $120,000 from the Sewer
26 Replacement Fund for a total of $200,000 were appropriated to Project No. 5516; and
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WHEREAS, Amtrak has contracted with a Kiewit Western to construct the Project and
the bid schedule for the costs of City Utilities Protection is $228,093; and
WHEREAS; the total projected cost to the City, including all City staff overhead,
construction contract cost including contingency for potential contract change orders and Amtrak
administrative fees is $290,639; and
and
WHEREAS; the additional costs are related to construction of sewer utility protection;
WHEREAS; staff request additional appropriation of $92,166 to Project No. 5516, from
the Sewer Replacement Fund for City Utilities Project costs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
1. That the above recitations are true and correct.
2. That the Mayor is authorized to execute the Reimbursement Agreement.
3. That the Finance Director is authorized to appropriate an additional $92,166 from
the Sewer Replacement Fund, to Project No. 5516.
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PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the
Carlsbad City Council and Carlsbad Municipal Water District Board of Directors, held on
the 23rd day of November, 2010, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Kulchin.
V, TJWST^1 - ,v
*<*>*X"
i, Mayor
ATTEST:
rORRAIWE M. WOOD, City Clerk
(SEAL)