HomeMy WebLinkAbout1999-02-09; City Council; 15044; Relocation or Reconstruction of Utility Facilities!z ‘. 0 2.
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l-Y OF CARLSBADKAdLSBAD MUNICIPAL WATER DISTRICT - AGENDkjJ#lLL
AB# J5.orY
MTG. 2109199
DEPT. ENG
TITLE-APPROVAL OF AGREEMENT WITH THE CARLSBAD
iii%iPAL WATER DISTRICT (CMWD) TO THE CITY FOR THE
REIMBURSEMENT OF FUNDS FOR THE RELOCATION AND/OR
RECONSTRUCTION OF CMWD OWNED UTILITY FACILITIES TO
ACCOMMODATE PROPOSED CAPITAL IMPROVEMENT PROJECTS
DEPT. H Id- ‘“iw
CITY ATTY.
CITY MGR.
I RECOMMENDED ACTION:
Carlsbad Municipal Water District Board of Directors: Adopt Resolution No. /O 4 2-
approving agreement and appropriating funds from the Water Operations Fund for payment to
the City of Carlsbad for relocation and/or reconstruction of CMWD owned utility facilities to
accommodate proposed capital improvement projects.
City of Carlsbad City Council: Adopt Resolution No. 97 c q& approving agreement with
the Carlsbad Municipal Water District (CMWD) for the reimbursement of funds for the relocation
and/or reconstruction of CMWD owned utility facilities to accommodate proposed capital
improvement projects.
ITEM EXPLANATION:
When the City is constructing capital improvement projects it is often necessary for public utilities to relocate and/or reconstruct their facilities to accommodate the construction. The City of
Carlsbad has found that it is most efficient for the City and the CMWD to include the relocation
work for water and sewer facilities in the capital project contracts. This agenda bill provides a
resolution that allows for the orderly removal and relocation of CMWD owned facilities that
interfere with City capital improvement projects. This agreement will allow the City to have its
contractor relocate CMWD facilities as a part of the City contract. The agreement provides that
the CMWD will reimburse the City of Carlsbad for the relocation or reconstruction of CMWD owned facilities.
During the relocation and/or reconstruction of CMWD facilities the City will accept responsibility
and control of the CMWD facilities. When the City completes the work, CMWD will resume
control and responsibility for the CMWD facilities.
ENVIRONMENTAL REVIEW:
This work performed under this agreement is categorically exempt from the environmental review
process under Section 15302 Class 2 (c) of the Public Resources Code (California Environmental
Quality Act).
FISCAL IMPACT:
The Water Meters and Fittings account will be used for the water related relocations and/or
reconstruction. The Parts, Specialty and Departmental Equipment account will be used for all sewer related relocations reconstruction. The estimated cost of relocations and/or reconstruction will be
determined prior to the work, confirmation that sufficient funds are in the water and/or sewer funds will be done prior to award of contracts.
Page 2 of Agenda Bill No. I i,OCrY
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EXHIBITS:
1. Carlsbad Municipal Water District Board of Directors. Resolution No. /d1/L approving agreement and appropriating funds from the Water Operations Fund for payment to the City of
Carlsbad for the relocation and/or reconstruction of CMWD owned facilities to accommodate
proposed capital improvement projects.
2. City of Carlsbad City Council. Resolution No. c;c-Y% approving agreement with the CMWD for the reimbursement of funds for the relocation and/or reconstruction of CMWD
owned utility facilities to accommodate proposed capital improvement projects.
3. Agreement with the City of Carlsbad and the Carlsbad Municipal Water District.
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RESOLUTION NO. 1047
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:
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized and directed to execute said agreements,
attached
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as Exhibit 3.
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3. That the Finance Director is hereby authorized and directed to transfer funds from
the Water Operations Fund to pay all utility reimbursement costs.
PASSED, APPROVED AND ADOPTED at a special meeting of the Carlsbad
Municipal Water District held on the 9th day of February 9 1999 by the following
vote, to wit:
AYES: Board Members Lewis, Hall, Finnila, Nygaard and Kulchin
NOES: None
ATTEST:
ALETHA L. (SEAL)
UTILITY CONSTRUCTION AGREEMENT
THIS AGREEMENT, made and entered into as of the 2 day of February , 19 99 ,
by and between the ClTY 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 Car&bad formed under the Municipal Water Act of 1911, hereinafter referred to
as ‘CMWD’.
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 Carl&ad 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 andlor 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 CMVVD 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 dearing and grubbing if included as bid
items; and
C. Actual construction costs which indude: relocation and/or reconstruction
bid items, and any extra work associated with the bid items induding:
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 induded 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 GIN and acceptance of
the work by the CITY, CMWD shall accept liability and control of said CMWD faciliies.
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
a municipal corporation
APPROVED AS TO FORM:
RONALD R. BALL
city Axy
BY As&ktCity Attorney
ALETHA L. RAUTkNKRANZ City Clerk
RESOLUTION NO. 99-48
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT WITH
THE CARLSBAD MUNICIPAL WATER DISTRICT FOR THE REIMBURSEMENT OF FUNDS FOR THE RELOCATION AND/OR
RECONSTRUCTION OF CMWD OWNED UTILITY FACILITIES TO
ACCOMMODATE PROPOSED CAPITAL IMPROVEMENT
PROJECTS.
WHEREAS, the City Council of the City of Carlsbad, California, has determined it
7 necessary, desirable, and in the public interest to relocate and/or reconstruct CMWD owned
8 utilities that interfere with approved capital improvement projects; and
9 WHEREAS, the City of Carlsbad will direct any Contractor retained for City of Carlsbad
10 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
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cartsbad,
13 California, as follows:
1. That the above recitations are true and correct.
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2. That the Mayor is hereby authorized and directed to execute said agreements,
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attached as Exhibit 3.
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3. The City Clerk of the City of Carlsbad, is hereby authorized and directed to forward a
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copy of the executed agreements to the Carlsbad Municipal Water District, Engineering
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Department; and to the City of Carlsbad Engineering Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
20 held on the 9th day of February , 1999 by the following vote, to wit:
21 AYES: Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
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26 ATTEST:
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26 ALETHA L. RAUTENKRANZ, City Clerk J (SEAL)
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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 1911, hereinafter referred to
as “CMWD”.
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.
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
a municipal corporation
ATTEST:
APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY . As&&t-City Attorney
ajrqs 9 8
ALETHA L. RAUTENKRANZ
City Clerk