HomeMy WebLinkAboutCarlsbad Municipal Water District; 1999-02-09;rl ORIGiNAL
UTILITY CONSTRUCTION AGREEMENT
THIS AGREEMENT, made and entered into as of the gth day of February , 19 99 ,
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 1911, hereinafter referred to
as “CM WD”.
RECITALS
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 and/or reconstruction costs of CMWD facilities.
3. CMWD shall reimburse CITY for 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 clearing 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.
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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 ,19 99
SBAD, a municipal corporation
All-EST:
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ALETHA L. RAUTENKRANZ
APPROVED AS TO FORM:
RONALD R. BALL
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City Clerk