HomeMy WebLinkAbout1999-02-09; City Council; Resolution 99-48a 0
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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 determ
necessary, desirable, and in the public interest to relocate and/or reconstruct CMWD
utilities that interfere with approved capital improvement projects; and
WHEREAS, the City of Carlsbad will direct any Contractor retained for City of Ci
capital improvement projects, to relocate andlor reconstruct utilities and invoice the C;
Municipal Water District for 100% of the cost of such utility constructions; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of CE
California, as follows:
1. That the above recitations are true and correct.
2. That the Mayor is hereby authorized and directed to execute said agree
attached as Exhibit 3.
3. The City Clerk of the City of Carlsbad, is hereby authorized and directed to fol
copy of the executed agreements to the Carlsbad Municipal Water District, Engi
Department; and to the City of Carlsbad Engineering Department.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City
held on the 9th day of February , 1999 by the following vote, to wit:
Council Members Lewis, Hall, Finnila, Nygaard and Kulchin
L2tzL4.L
ALETHA L. RAUTENKRANZ, City Clerk ’ (SEAL)
0 0
UTILITY CONSTRUCTION AGREEMENT
THIS AGREEMENT, made and entered into as of the 9th day of February , 193
by and between the CITY OF CARLSBAD, a municipal corporation, hereinafter referred to a!
“CITY”, and the CITY OF CARLSBAD MUNICIPAL WATER DISTRICT, a Subsidiary Distric
of the City of Carlsbad formed under the Municipal Water Act of I91 1 , hereinafter referred tc
as “CMWD.
RECITALS
WHEREAS, CMWD owns utilities that are located at various locations within the publir
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 thc
CITY’S street easement, in such case the City of Carlsbad will be responsible for all cost:
associated with the relocation of CMWD owned facilities within such senior utility easement!
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, tc
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 oi
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 andlor reconstructed
facilities;
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B. Traffic control, mobilization and clearing and grubbing if included as b
items; and
C. Actual construction costs which include: relocation and/or reconstructic
bid items, and any extra work associated with the bid items includin!
equipment, materials, and labor.
4. The determination of actual costs for utility construction shall be determined t
the following. The cost of item A in paragraph 3 above, Design, administration, and inspectior
shall be fifteen percent (15%) of final construction cost. CMWD will be responsible for
percentage of the cost of item B in paragraph 3 above, traffic control, mobilization and clearin
and grubbing if they are included as bid items. That percentage being the portion of totz
CMWD utility construction cost as compared to the total project cost. An example of the portio
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 bic
items, shall be based on the actual bid cost, and any costs due to extra work associated wit1
the utility construction. Determination of costs associated with extra work shall be determinec
by the Standard Specifications for Public Works, section 3-3.2. CMWD will also be responsiblc
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 bc
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 accep
liability and control of said facilities. Upon completion of work by the CITY and acceptance 01
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 CMW
with respect to payment for said relocation cost. Any agreements of representations, nl
expressly set forth in this instrument, are null and void.
Executed by District this 12 th day Of February , I9 99
&J-axLA. k
ALETHA L. RAUTENKRANZ
City Clerk APPROVED AS TO FORM:
RONALD R. BALL
City Attorney
BY BL
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