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58R-4777 ,~ RESOLUTION NO. 4777 A RESOWTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR .AND THE CITY CLERK TO ENTER INTO AN .AGREEMENT WITH THE ORANGE. COONTY FLOOD CONTROL DISTRICT. FOR THE CONSTRUCTION OF BRIDGES AT EUCLID AVENUE, WEST STREET, AND LaARA STREET;. AND AUTHORIZING PAY- MENT OF THE CITY r S PERCENTAGE OF THE COST OF SAID BRIDGES. WHEREAS, Carbon Creek Channel is Project No. B-1 of the Engineer's Report dated March, 1955, entitled "General Plans, SpecificatioRs and Estimates of Cost of Rights of Way and Con- struction of Improvements for Drainage Facilities for Flood Control in Orange County, California," on file in the Office of the County Clerk of Orange County; and WHEREAS, the obligation of the Orange County Flood Control District in respect to street crossings when construct- ing said Project B-1 is that of restoring them to their condition of usefulness existing prior to the Orange County Flood Control District's construction, and this would constitute the construction of bridges 28 feet in width at Euclid Avenue and West Street, and the construction of a dip crossing at Loara Street; and WHEREAS, the City desires that said bridges be con- structed to ultimate width which would constitute a bridge 76 feet in width at Euclid Avenue, a bridge 38 feet in width at Vest Street, and a bridge 38 feet in width at Loara Street; and ~, the Orange County Flood Control District has offered to enter into an agreement with the City for the con- struction of said bridges, upon the following terms and conditions: l. That Orange County Flood Control District's Engineer shall prepare or cause to be prepared, plans and specifications for said bridges and submit the same to the City Engineer of the City of Anaheim for check- ing and approval. 2. That upon approval of said plans and specifications by the City Engineer, and when plans and specifications for that portion of Project B-1 between Manchester Avenue and the westerly limits of the Raymond Street Retarding Basin have been approved by the City in accord- ance with the applicable prOViSions of the Orange County Flood Control Act, said Flood Control District shall promptly undertake and perform all of the work of adver- tising for bids and awarding a contract, all in accord- ance with the provisions of law governing the same. 3. That during construction of said bridges the Orange County Flood Control District shall furnish a resident engineer to perform the usual functions of a resident engineer; and the City may also furnish a resident engi- neer, and in such case the two resident engineers shall cooperate and consult with each other, but the orders of said District's resident engineer shall be final. -1- 4. As hereinafter provided, the City shall pay to said District its percentage of the total construction cost of said bridges; said total construction cost to be compute. on the following basis: (a) The lump sum bid that i. accepted when awarding the contract for said construction. ~ (b) The cost of concrete channel lining under said brid.ges. (c) The cost for relocation of utilities not required by channel work and made necessar~ by the con- struction of bridges wider than 26 feet at Euclid Avenue and West Street and the construction of a bridge at Loara Street. 5. The City'. percentage of cost for said bridges shall be computed on the following basis: (a) (b) (c: ) The City's percentage for the Euclid Avenue bridge shall be 48776 of the total construction as set forth in Item 4 above, plus 5% of said 48/76 to cover the ~ange County flood Control District's cost of design, inspection, field engineering and final reports and acceptance. The City's percentage for the West Street bridge shall be l0738 of the total construction as set forth in Item 4 above, plus 5% of said 10/38 to cover said Flood Control District's cost of design, inspection, field engineering and-final reports and acceptance. The City's percentage for the Loara Street bridge shall be the total construction cost as set forth in Item 4 above, minus the sum of $3,700.00, which is the amount said Flood Control District would have paid to restore Loara Street.to its condition of usefulness, plus 5% of the above mentioned difference to cover said District's cost of design, inspection, field engineering and-final reports and acceptance. b. That upon completion of said construction and filing notice of completion of same, the City shall pay to the Orange County flood Control District its percentage of the cost of said bridges heretofore set forth in Item 5. 7. That from and after the completion of said construction, the maintenance of that portion of said bridges above the elevation of the bottom of the bridge deck shall be the responsibility of the City; and the maintenance of that portion of said bridges below said elevation shall be the responsibility of said Flood Control District. AND WHEREAS, the City Council does find that the terms and conditions hereinabove set forth, and as set forth in the agreement submitted to the City by said Orange County Flood Control District, are fair and reasonable; -2- ~~ NOW, THEREFORE, BE IT RESOLVED hy the City Couac!1 of the City of Anaheim that the agreement this day submitted to the City Council by said Orange County Flood Control District, whereby said District agrees to construct the bridges hereinabove referred to upon the terms and conditioas and for the percentages of cost set forth in said agreement, aad as hereinahove set forth, he and the same is hereby approved. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk he, and they are herehy, authorized and directed to execute said agreemeat for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this ~d. day of September, 1958. -~~lSiTaf~~h( ATTEST: / --- - -' .' -.<' 0~1'fl:>r~d/ ~~ TJfiC~mc5r_IM STATE OF CALIFORNIA ) COU1ITY OF ORAllGE ) s s . CITY OF AlfAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was iatroduced aad adopted at a rffllu meeting provided by law of the City Council of the y of ARaheim, held on the ~d day of September, 1958, by the following vote: AYES: C(JJ)fCILMDh Pearson, Borden, Fry, Schutte and Coons NOES: c:amC 1 LMEN': None ABSENT: COUNCILMEN: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said. resoluUon Oft the 23rd clay of Septeroher, 1958. IN WITNESS WHEREOF, I have hereunto set my hand aad affixed the official seal of the City of ARaheim this 23rd day of September, 1958. - . :-- ~~"'eLERK/t(THE~~M (SEAL) -)-