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HomeMy WebLinkAbout1999-02-09; Municipal Water District; Resolution 10421 2 3 4 5 v 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 RESOLUTION NO. 1042 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD MUNICIPAL WATER DISTRICT (CMWD) APPROVING REIMBURSEMENT TO THE CITY OF CARLSBAD AND APPROPRIATING FUNDS FROM THE WATER OPERATIONS FUND FOR THE REIMBURSEMENT TO THE CITY OF CARLSBAD FOR THE RELOCATION AND/OR RECONSTRUCTION OF UTILITY FACILITIES TO ACCOMMODATE PROPOSED CAPITAL IMPROVEMENT PROJECTS. WHEREAS, the Carlsbad Municipal Water District (CMWD) has determined it necessary, desirable, and in the public interest to relocate and/or reconstruct CMWD owned utilities that interfere with approved capital improvement projects; and WHEREAS, the City of Carlsbad will direct any Contractor retained for City of Carlsbad capital improvement projects, to relocate and/or reconstruct utilities and invoice the Carlsbad Municipal Water District for 100% of the cost of such utility constructions; and WHEREAS, sufficient funds are available in the Water Operations Fund Balance to cover all costs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: I. That the above recitations are true and correct. 2. That the Mayor is hereby authorized and directed to execute said agreements, attached as Exhibit 3. I// I// 71 71 71 Y/ I/ Yi YJ Y/ 71 9 10 11 12 (SEAL) 28 UTILITY CONSTRUCTION AGREEMENT THIS AGREEMENT, made and entered into as of the gth day of February , 19% by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to as *CITY", and the CITY OF CARLSBAD MUNICIPAL WATER DISTRICT, a Subsidiary District of the City of Carlsbad formed under the Municipal Water Act of I91 1, hereinafter referred to as "CMWD". RECJTALS WHEREAS, CMWD owns utilities that are located at various locations within the public way and is responsible to move its facilities at CMWD's own cost; and WHEREAS, CMWD utility facilities may have senior utility easement rights over the CITY'S street easement, in such case the City of Carlsbad will be responsible for all. costs associated with the relocation of CMWD owned facilities within such senior utility easements that may exist; and WHEREAS, CITY desires to relocate and/or reconstruct said utilities(hereinafter referred to as the "utility construction") outside of proposed improvements, at CMWD's expense, to remain in said Right of Way; and NOW, THEREFORE, CITY and CMWD do hereby agree as follows: 1. The utility construction shall be done at the sole direction and administration of the City who shall be solely responsible for the performance of work thereunder. 2. The Finance Director is authorized to transfer funds from the CMWD water operations account for the relocation andlor reconstruction costs of CMWD facilities. 3. CMWD shall reimburse CITY fur the actual cost of the utility construction. Said actual costs of utility construction shall include: A. Design, administration, and inspection of relocated and/or reconstructed facilities; B. Traffic control, mobilization and cleating and grubbing if included as bid items; and C. Actual construction costs which include: relocation and/or reconstruction bid items, and any extra work associated with the bid items including: equipment, materials, and labor. 4. The determination of actual costs for utility construction shall be determined by the following. The cost of item A in paragraph 3 above, Design, administration, and inspection, shall be fifteen percent (15%) of final construction cost. CMWD will be responsible for a percentage of the cost of item B in paragraph 3 above, traffic control, mobilization and clearing and grubbing if they are included as bid items. That percentage being the portion of total CMWD utility construction cost as compared to the total project cost. An example of the portion of Traffic Control cost attributable to CMWD is as follows: CMWD portion of Traffic Control Cost = (CMWD + Total Project Cost) x TC where: TC = bid cost of traffic control CMWD = sum of all CMWD relocation and/or reconstruction bid item costs Total Project Cost = Total capital improvement project cost bid by contractor The cost of item C in paragraph 3 above, the cost of actual utility construction work bid items, shall be based on the actual bid cost, and any costs due to extra work associated with the utility construction. Determination of costs associated with extra work shall be determined by the Standard Specifications for Public Works, section 3-3.2. CMWD will also be responsible for direct administration and inspection costs associated with the extra work for the relocation. Determination of administration and inspection costs associated with extra work shall be determined by project construction daily logs and timesheets at the time.of utility construction. 5. During the relocation and/or reconstruction of CMWD facilities, CITY shall accept liability and control of said facilities. Upon completion of work by the CITY and acceptance of the work by the CITY, CMWD shall accept liability and control of said CMWD facilities. 6. This instrument contains the entire agreement between the CITY and CMWD with respect to payment for said relocation cost. Any agreements of representations, not expressly set forth in this instrument, are null and void. Executed by District this 12 th day Of Februarv ,I9 99 a municipal corporation ATTEST &Q&& R. 5L ALETHA L. RAUTENKRANZ APPROVED AS TO FORM: Ci Clerk RONALD R. BALL City Attorney BY * A&€hPCity Attorney a1219 7.