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1961-6812RESOLUTION NO. 6812 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK 10 ENTER INTO AN AGREEMENT FOR AND ON BEHALF OF THE CITY OF ANAHEIM WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT AND THE CITY OF FULLERTON FOR THE CONSTRUCTION OF A CULVERT AT ACACIA STREET. WHEREAS, under the authority of the Orange County Flood Control Act, the Orange County Flood Control District proposes to construct the Carbon Creek Channel which channel is Project B -1 of the Engineer's Report dated March, 1955; and WHEREAS, the construction of Carbon Creek Channel here- inafter referred to as Project B -1, between the Raymond Avenue and Miller Street Retarding Basins will consist of constructing approximately 3.5 miles of earth channel, two retarding basins, and eight culverts; and WHEREAS, Project B -1 intersects Acacia Street approxi- mately 1280 feet south of Orangethorpe Avenue and a portion of Project B -1 at this location is within the city limits of Anaheim and a portion within the city limits of Fullerton; and WHEREAS, the City of Anaheim and the City of Fullerton desire that the culvert at Acacia Street be constructed to ul- timate length to facilitate future road widening, which would constitute a culvert 40-feet in length of which three- fourths would lie within the city limits of Fullerton and one- fourth would lie within the city limits of Anaheim; and WHEREAS, the best interests of the Orange County Flood Con- trol District, the City of Anaheim and the City of Fullerton will be served by constructing said culvert in accordance with the desire of the Cities of Anaheim and Fullerton, and by apportion- ing costs of the construction of said culvert in an equitable manner between said Cities of Anaheim and Fullerton and said Orange County Flood Control District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that an agreement be made and entered into by and between the Orange County Flood Control District, the City of Anaheim and the City of Fullerton for the construction of a culvert 40 feet in length at Acacia Street, the terms and conditions of which agreement shall be as follows: 1. Orange County Flood Control District's Flood Con- trol Engineer shall prepare or cause to be pre- pared, plans and specifications for said culvert and submit same to the City Engineer of Anaheim and to the City Engineer of Fullerton for checking and approval. 2. Upon approval of said plans and specifications by said City Engineers, and when plans and specifi- cations for that portion of Project B -1 between the Raymond Avenue and Miller Street Retarding Basins have been approved by all required agencies in accordance with the applicable provision of the Orange County Flood Control Act, Orange County Flood Control District shall promptly undertake and perform all of the work of advertising for bids and awarding a contract, all in accordance with the provisions of law governing the same. 3. During construction of said culvert said District shall furnish a resident engineer to perform the usual functions of a resident engineer, and during said construction the City of Anaheim and the City of Fullerton may also furnish resident engineers, and in such case the resident engineers will cooperate and consult with each other, but the orders of the Districtts resident engineer shall be final. L. As hereinafter provided, the Cities of Anaheim and Fullerton shall pay to said District their respec- tive shares of the costs of said culvert; said shares of the costs shall be computed on the fol- lowing basis: Fullerton's share shall be the sum of the following: (a) 22.5% of the total construction cost of the culvert, said total cost being the quantity of each bid item for the culvert multiplied by the respective unit price paid said District's contractor for said bid items. (b) The cost of relocation of utilities made necessary by the construction of that por- tion of the culvert outside of that which said District is obligated to replace but within Fullerton's municipal boundaries, if said utility relocations would not already be required by channel work. (c) 10% of the sum of items (a) and (b) above to cover the District's cost of design, in- spection, field engineering, and final reports and acceptance. Anaheim's share shall be the sum of the following: (a) 7.5% of the total construction cost of the culvert, said total cost being the quantity of each bid item for the culvert multiplied by the respective unit price paid said Dis- trict's contractor for said bid items. (b) The cost of relocation of utilities made nec- essary by the construction of that portion of the culvert outside of that which the Dis- trict is obligated to replace but within Anaheim's municipal boundaries, if said utility relocations would not already be required by channel work. (c) 10% of the sum of items (a) and (b) above to cover District's cost of design, inspection, field engineering, and final reports and acceptance,. -2- 5. Upon completion of construction and filing notice of compietion of same, Orange County Flood Control District shall bill the Cities of Anaheim and Ful- lerton for their respective shares of the costs. Said bill shall itemize the contract bid items and amounts paid for the respective bid items. Anaheim and Fullerton shall pay District the amount of said bill within 30 days of the receipt thereof. 6. From and after the completion of said construction, the maintenance of said culvert shall be the re- sponsibility of said District. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized to enter into an agree- ment with said Orange County Flood Control District and said City of Fullerton for the construction of said culvert upon the terms and conditions hereinabove set forth. this (SEAL) THE FOREGOING RESOLUTION is approved and signed by me llth day of April 1961. ATST: AT C CLERK O STATE OF CALIFORNIA ODUNTY OF ORANGE CITY OF ANAHEIM I, DENE M. WILL do hereby certify that adopted at a regular me llth day of April ss. I'T`Y OF ANAHEIM LAMS, City Clerk of the City of Anaheim, the foregoing resolution was passed and eting of the City Council held on the 1961, by the following vote of the members thereof: 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 llth day of April 1961. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this llth day of April 1961.