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1960-6009RESOLUTION NO. 6009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN AGREEMENT TO BE MADE AND ENTERED INTO BY THE STATE OF CALIFORNIA, DEPARTMENT OF PUBLIC WORKS, AND THE CITY OF ANAHEIM FOR THE CONSTRUCTION OF A SEWER UNDER THE NEWPORT FREEWAY AT SANTA ANA CANYON ROAD; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF OF THE CITY. WHEREAS, the State of California, by and through its Department of Public Works, Division of Highways, pro- poses to construct a portion of the Newport Freeway through the City of Anaheim; and WHEREAS, the City of Anaheim desires to have the construction of a sewer under the freeway at Santa Ana Canyon Road included in the State contract for the freeway improve- ment; and WHEREAS, the State of California, Department of Public Works, has submitted to the City of Anaheim an agree- ment covering the construction of said sewer under said freeway at Santa Ana Canyon Road, to be made and entered into by and between the State of California, Department of Public Works and the City, which agreement the City Council finds would be for the best interest of the City and should be approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the agreement this day submitted to the City Council by the State of California, Department of Public Works, to be made and entered into by and between the City and the State of California, Department of Public Works for the construction of a sewer under the Newport Freeway at Santa Ana Canyon Road, the terms, covenants and conditions of which agreement are as hereinafter set forth, be and the same is hereby approved. That the terms, coven- ants and conditions of said agreement are as follows: 1. The State shall prepare plans and specifi- cations, construct said sewer and provide necessary inspection. 2. The City shall pay the total cost of said sewer as shown on the plans entitled Exhibit "A" and Exhibit "B attached to and made a part of said agreement. The contract quantities for the sewer are set forth in a Preliminary Estimate of Cost attached to and made a part of said agreement and are as follows: -1- No. Quantity Unit Item Price Amount 1 72 L.F. Jacked 24" CNP (14 gage) 30.00 2,160.00 2 1,374 Lbs. Miscellaneous Iron and Steel 0.30 412.20 3 800 L.F. 12" Clay Sewer Pipe (Extra Strength) 12.00 9,600.00 4 3 Each Brick Manholes 500.00 1,500.Ot0 13,672.20 5% Unforeseen Work. 683.61 1 4,355. 81 17% Preliminary and Con- struction Engineering __2 16,796.30 The actual construction cost shall be computed on the basis of unit prices in the State contract and final quantities. To the cost of contract quantities shalibe added 5 percent contingency to cover unforeseen changes and 17 percent to cover preliminary engineering (5%), construction engineering cost (10 overhead and admin- istration (2 Unforeseen changes shall be submitted to the City for approval before proceeding with the work covered by the contract change order. 3. Prior to advertising the Staters project and upon demand of the State, the City shall deposit a sum not to exceed $17,000. 4. The City shall obtain an easement from the Santa Ana Valley Irrigation Company for the location of sewer across the Santa Ana Valley Irrigation Companyts property. 5. If construction of the sewer is not started prior to January 1, 1961, the State shall delete all work pertaining to the sewer in the State contract upon written request by the City and the State shall promptly return the deposit of $17,000 to the City. 6. Within sixty (60) days after completion of the contract, the State shall present the City with a statement showing the cost of the work determined as outlined under paragraph numbered 2 above. If such cost is less than the sum deposited by the City, the -2- balance shall promptly be returned to the City. If, however, such costs exceed the sum deposited by the City, the City shall promptly on receipt of claim therefor pay the amount of said excess cost to the State. 7. Upon notification by the State of comple- tion of the work on said sewer, the City shall assume full responsibility for the operation and maintenance. 8. During said construction, the State shall furnish a resident engineer to perform the usual functions of a resident engineer; and City may also furnish resident engineer for like purpose and function. Said resident engineers shall cooperate and consult, but the orders of the resident engineer of the State to the Contractor or other person in charge of said construction shall be final. AND BE IT FURTHER RESOLVED that the Director of Finance be, and she is hereby authorized to deposit with the State of California, Department of Public Works, Division of Highways, prior to the advertising of the State's project and upon demand of the State, a sum not to exceed $17,000. BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 10th day of May, 1960. ATTEST: L 1 O `}IE TTY C7 M 0 0 E CITY OF ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was introduced and adopted at a regular meeting provided by law of the City Council of the City of Anaheim, held on the 10th day.of May, 1960, by the following vote: AYES: COUNCILMEN: Chandler, Coons, Fry, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 10th day o f May, 1960. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 10th day of May, 1960. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM