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58R-4771 RESOLUTION NO. 4771 --- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO AN AGREEMENr WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCT ION OF BR IDGES AT WESTERN AVENUE, DALE STREET, STINSON STREET AND MAGNOLIA AVENUE, AND THE CONSTRUCTION OF CULVERTS AT ORANGE AND BRooKHURST AVENUES; AND AUTHORIZ- ING PAYMENI' OF THE CITY'S PERCENTAGE OF THE COST OF SAID BRIDGES AND ~ULVERTS. WHEREAS, Carbon Creek Channel is Project No. B-1 of the Engineer's Report dated March, 1955, entitled "General Plans, Specifications and Estimates of Cost of Rights of Way and Construction 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 con- structing 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 con- stitute the construction of bridges 28 feet in width at Western, Dale, Stinson and Magnolia, and the construction of culverts 40 feet in length at Orange and Brookhurst Avenues; and WHEREAS, the City desires that saki bridges and culverts be constructed to ultimate width and length, re- spectively, which would constitute a bridge 62 feet in width at Western Avenue, a bridge 62 feet in width at Dale Street, a bridge 34 feet in width at Stinson Street, a bridge 76 feet in width at Magnolia Avenue, a culvert 42 feet in length at Orange Avenue and a culvert at Brookhurst Avenue with a length 46 feet east of the center line of Brookhurst Avenue, said 46 feet being the portion of said culvert which will lie wit hin the Ci ty Limi ts of the Ci ty of Anaheim, said lengths being measured at right angles to the respective street center Unesl and WHEREAS, the Orange County Flood Control District has offered to enter into an agreement with the City for the construction of said bridges and culverts, upon the following terms and conditions: - 1. That Orange County Flood Control District's engineer shall prepare or cause to be prepared, plans and specifications for said bridges and culverts and submit the same to the City Engineer of the City of Anaheim for checking and approval. 2. That upon approval of said plans and specifications by the City Engineer, and when plans and speCifica- tions for that portion of Project B-1 between the Pacific Electric Railroad lying westerly of Knott Avenue and Manchester Avenue haVe been approved by the City in accordance with the applicable provisions of the Orange County Flood Control Act, said Flood Control District shall promptly undertake and per- form all of the work of advertising for bids and awarding a contract, all in accordance with the provisions of law governing the same. -1- - ,- 3. That during construction of said bridges and culverts the Orange County Flood Control District shall fur- nish a resident engineer to perform the usual functions of a resident engineer; and the City may also furnish a resident engineer, and in such case the two resident engineers shall cooperate and consult with each other, but t he orders of said District's resident engineer shall be final. 4. As hereinafter provided, the City shall pay to said District its percentage of the cost of said bridges; said percentage of cost of said bridges to be com- puted on the following basis: (a) The total construction cost shall be the sum of the following: The amount that is paid the con- tractor for the construction of said bridges, the cost for relocation of utilities made necessary by the con- struction of bridges wider than 28 feet and not re- quired by channel work. (b) The City's percentage shall be 34/62 of the total construction cost for the Western Avenue bridge, 34/62 of the total construction cost for the Dale Street bridge, 6/34 of the total construction cost for the Stinson Street bridge, and 48/16 of the total construction cost for the Magnolia Avenue bridge, plus 5% of all of these sums to cover the Orange County Flood Control District.s cost of design, inspection, field engineering and final reports and acceptance. 5. That, as hereinafter provided, the City shall pay to said Flood Control District its percentage of the cost of said culverts; said percentage of cost of said culverts to be computed on the following basis: (a) The actual contract unit costs shall be used to determine the total cost for each culvert. Said uni t costs shall be tl"E cost of structural excava- tion, compacted backfill, reinforced concrete, re- inforcing steel, crushed rock for subgrade preparation, and the cost of paving said culverts. (b) The total cost of each culvert shall be divided by its length to arrive at a per foot cost for each culvert. The per foot cost shall then be multiplied by 2 for the Orange Avenue culvert and the per foot cost shall be multiplied by 16 for the Brookhurst Avenue culvert. "--. (c) The City's percentage of cost for said culverts shall be the sum of the above mentioned products, plus 5% of said sum to cover said Flood Control District's cost of design, inspection, field engineering, and final reports and acceptance. 6. 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 percent- age of the cost of said bridges heretofore set forth in Item 4, and its percentage of the cost of said culverts heretofore set forth in Item 5 above. -2- - ,f~. 7. That froa and after the completion of said construc- tion, 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; the maintenance of that portion of said bridges below said elevation shall be the responsibility of the Orange County Flood Control District; and the mainte- nance of said culverts shall be the sole 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; NOW, THEREFORE, BE IT RESOLVED by the Ci ty Council of the City of Anaheim that the agreement this day submitted to the City Council by said Orange County Flood Control District, where- by said District agrees to construct the bridges and culverts hereinabove referred to upon the terms and conditions and for the percentages of cost set forth in said agreement, and as hereinabove set forth, be and the same is hereby approved. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk be, and they are hereby, authorized and directed to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 16th day of September, 1958. ., ./~ .~/ " ../ .i //." '. . . / ..._ /-- __/ __" (~'~//. ~ MAYOR OF T E CITY OF AllAHEIU. ATTEST: f/ '-~ j_u/.. {~T'ftLEd "TH~~M. ,.-. -3- - '"' STAll! OF ClLIFOl'tNIA) COUJITY OF ()RJJ{GE ) sa. CITY OF AIWlEIJl ') I, OENE M. WILLIAMS, City Clerk ,of the City of Anaheia, do hereby certify that the foreg~$.a9 Resolution was introdUced .andadopted at an ad.journe(l r&srtJlal:' lI\lileting , of the City Council of the City of Anaheim held on the 16th day of SepteJlher, 1958t by the following votes NOES I COUNCILMElh Pearson, Borden, Fry, Schutte. and COOft.S COUNCILMEN I None AYES & ABSENT I COUNCILMElh None AND I FURTHER CERTIFY that the Mayor of the City of Anahei. approved aad signed said Resolution of!. the 16th day. of SeptelUer, 1958. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheill this 16th day of September, 1952. ,~/)f. ~/ CITY CIERK OF TIm CITY OF JJUJmIJ( (SEAL) ~.