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71R-450 ~. RESOLUTION NO. 71R-~ A RESOLUTI.ON OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE EXECUTION. .OF AN AGREEMENT WITH THE COUNTY OF ORANGE WI,TR REFERENCE, TO. A LIGHTING AN~ TRAFFIC .SIGNAL SYSTEM AT THE INTERSECTION OF BROOKH.URS..T .STBEE.T. AND BROADWAY, IN THE CITY (!)F ANAHEIM. \ WHE.REAS, considerable traffic congestion presently exists and is progressively increasing at the. .inter.se.ction of Brookhurst Street and Broadway in the city of Anahe.im, California, County of Ora~ge J and WHEREAS, .traffic conditions at said intersecti.on warrant the installation of traffic control signals and highway intersection lighting to facilitate the safe .and orderly move- ment of traffic; and WHEREAS, the City of Anaheim and the 'County of Orange are willing to cooperate for the construction of said traffic signal and highway intersection lighting system. NOW, THEREFORE, BE IT RE.SOLVED by the City Council of the City of Anaheim that an agreement .be made and ent.ered int.o between the City of Anaheim and the County of Orange, providing for the construction of said traffic signal and hiqhway int.er- section lighting system at .the intersec.tion of Brookhurst street and Broadway, upon the following terms and conditions: 1. The traffic signal shall include a fully ac~uated, solid state, digitally timed controller and shall. be capable of interconnection with the adjacent system of signalized intersections. 2. CITY SHALL: A. Prepare the detailed plans, specifications and estimate for the project. B. Have jurisdiction of the construction area .at the intersection within County. C. Be and is hereby desiqnated as the contracting and construction agent for the parties to do and perform all acts. necessary or required in order to construct the. project in accordance. with the plans and specificati'ons, including material control, inspection of the construc- tion work, and to execute and deliver all documents necessary or required in connection with the construction and completion of said project, including certificate of day labor, equipment and material cost and certification of completion of the project. 3 . COUNTY SHALL: A. Approve plans and specifications as .to desiqD and construction fea~ures affecting the. con- struction, operation and maintenance. of the portion of the project within County. -1- -...- At all time during the progess of construction of the project have acces.s to the work for the purpose of inspection thereof and should County deem any remedial measures to be necessary, County shall notify City thereof. 4. Upon completion of the project, County's share of the cost of the traffic signal and intersection lighting shall be. based on the. contract lump sum bid price' for said portion of the contract, and be in the ratio of the number of traffic legs of the intersect.ion lying within the County to the total number of legs entering the intersection, as the County-City limi-ts exist at the time the City advertises the. contract for the pro- ject. As of the date. of this a9reement, said County share is considered to be one-fourth (1/4) of the lump sum bid price for the. traffic signal and intersect.ion lighting, based on the fact that one le.g of the inter- section presently lies within the County and three legs .lie within Cit.y area. B. 5. County's share of designs, survey and construction engineering costs shall be the actual costs accrued to the County port.ion based on the percentage .of the total contract unit costs billed to County. 6. upon completion of the project, city agrees to submit full, true and correct copies of documents, certifi- cates and it.emized bills to County, and County shall reimburse City within thirty (30) days upon submission of statement of such costs for the County portion of the cons~uction as defined by paragraphs IV and V hereof. Such bills shall be based on actual. contract bid prices, and shall include a charge for overhead on the enqineerinq and inspection performed by City. 7. The total cost to County is presently est~ted to be $5,500 and the total cost to City is presently esti- mated to be $16,500. 8. It is mutually agreed by the parties hereto that; A. City shall maintain said traffic signal installa- tion. B. The maintenance and operational .costs, for said traffic siqnal and intersection li'ghtinq installa- tion sha11 be borne b7 the parties hereto in accordance with the t~s of the. traffic signal and hiqhway lighting ma1nten.ance .agreement No., 1269-327. . c. That neither County nor any officer or employee thereof shall be responsible. for any damage or liability occurring by reason of anything done or omitted to. be done by City under or in connection with any work,. authority or juriSdic- tion delegated to City under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.4, city shall' fully indemnify and hold County harmless from any li.a- -2- STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS ~ CITY OF ANAHEIM ) I, OED M. DAOUST, City Clerk of the city of Anaheim, do hereby certify that the foregoing Resoluti.on No. '7lR~450 was passed and adopted at. a regular meetinq of the city Council held. on the 5th day of October , 1"9" '71, by the following vote of the members thereof; - . -........... AYES: COUNCILMEN: Roth, Thom and Stephenson NOES: COUNCILMEN: None ABSENT: COUNCI.LMEN: Pebley and Dutton Pro-Tem AND I .FURTHER CERTIFY that the Mayor tif the City of Anahe~ approved and signed said resolution on the 5th day of October' , 19....2!-.. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 5th day of October , 19 71 . cL1t:~ANABEIM (SEAL) I, DENE M. DAOUST, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Resolution No. 7lR-450 duly passed and adopted by the Anaheim City Council on October 5, 1971. ~ht,~ City Clerk bility imposed for injury (as defined by Govern- ment Code Section 810'.8), occurring by reason of anything done or omitted to be done 'by, City under or in connection wit.h any work, ,aut.horit.y or jurisdiction delegated to City under this agreement. D. That neither City nor any officer or employee' thereof shall be resPQnsible for ,any 'dama~e or liability occurring by reason of anything done or omit.ted to be done by County under or in connection with any work, authority or jurisdic- tion not delegated to City under this a9reement. It is also understood and agreed that, pursuant to Government. Code section 895.4, County shall fully indemnify and hold City harmle'ss from any liability imposed for injury (as defined by Government Code Section 810.8), occurring by reason of anything done or omitted to be done by County under or in connection with any work, authority or jurisdiction not delegated to City under this agreement. BE IT FURTHER RESOLVED that the Mayor and city Clerk be, and they are hereby authorized to execute said ~greement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 5th day of . 'October /'__"'" , 1971. ( AT'l'EST: a 12 'C-... , :" ~ //1 ~<t/~~ , CLERK 'OF THE .CITY. OF ANAHEIM -3- JHD,: kw