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HomeMy WebLinkAbout2010-11-23; Municipal Water District; Resolution 14051 RESOLUTION NO. 1405 2 A RESOLUTION OF THE BOARD OF DIRECTORS OF CARLSBAD 3 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MUNICIPAL WATER DISTRICT (CMWD) APPROVING REMIBUSEMENT OF FUNDS TO THE CITY FOR PROTECTING CMWD UTILITIES AS PART OF THE AMTRAK DOUBLE TRACKING PROJECT, PROJECT NO. 5516. 5 WHEREAS, National Railroad Passenger Corporation (Amtrak) has entered into a 6 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 certified September 2007 for rail corridor improvements; and WHEREAS, pursuant to various License Agreements between the City and the owner of the railroad right-of-way, and the Carlsbad Municipal Water District (CMWD) and the owner of the railroad right-of-way, the City or CMWD is responsible for paying for the City Utilities Protection portion of the Project; and WHEREAS, Amtrak and the City of Carlsbad desire to enter a reimbursement agreement to satisfy the City's and CMWD's responsibility for payment of the Utilities Protection portion of the Project; and WHEREAS, at this time, has been submitted to the City Council for review and approval, a reimbursement agreement (Reimbursement Agreement) setting forth certain terms and conditions, for work to be installed and reimbursed pursuant to the Reimbursement Agreement; and WHEREAS, a portion of the costs in Reimbursement Agreement are for work related to the protection of CMWD utilities; and 22 23 24 25 26 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 "/ 21 '" III III III III III III 27 WHEREAS, staff request CMWD reimburse the City for the water facility portion of the Utility Protection costs included in said reimbursement agreement; and 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 costs for the protection of CMWD utilities is $78,473; and WHEREAS, funds from the Water Replacement Fund are sufficient to complete the water facility portion of the project. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of Carlsbad Municipal Water District (CMWD) of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. That the President is authorized to execute the reimbursement of $78,473 to the City for protection of CMWD utilities from the Water Replacement Fund. /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Joint Special Meeting of the Carlsbad Municipal Water District Board of Directors and the Carlsbad City Council, held on the 23rd day of November, 2010, by the following vote to wit: AYES: Board Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Board Member Kulchin. ATTEST: INE M. WOOD, Secretary