1967-021
RESOLUTION NO. 67R- 21
A RESOLUTION OF THE CITY COUNCIL, OF THE
CITY OF ANAHEIM APPROVING AND AUTHORIZING
THE EXECUTION OF M~ AGREE~lliNT WITH THE
STA'l'E OF CALIFORNIA, DEPAR'rr'.lENT OF PUBLIC
WORKS, DIVISION OF HIGHWAYS, WITH REFERENCE
TO THE KATELLA AVENUE RAILROAD UNDERPASS.
WHEREAS, pursuant to the prov~s~ons of Section 189
of the Streets and Highways Code, the Public utilities Commis-
sion of the State of California established by Decision No.
70134, issued on December 21, 1965, a Priority List of Grade
Separation Projects for the year of 1966; and
WHEREAS, said Priority List includes a project pro-
posed by the City of Anaheim for elimination of an existing
crossing at grade of the track of The Atchison, Topeka and
Santa Fe Railway Company, (hereinafter referred to as i1Railway")
at Katella Avenue (Grade Crossing No. 2-170.5) in the City of
Anaheim, Orange County; and
WHEREAS, by Decision No. 71244, dated September 6,
1966, the Public utilities Commission authorized the construc-
tion of said project, consisting of a railroad underpass to be
identified as Crossing No. 2-l70.5-B and the abandonment and
closure of existing Grade Crossing No. 2-170.5, and on Septem-
ber 22, 1966, the City and Railway entered into an agreement
for the construction of said project which agreement provides
that Railway will contribute the sum of $21,980 as capitalized
savings plus 10% of the cost of the structure as shown in red
on attached print entitled Exhibit nAil; and
WHEREAS, the City Council finds that sufficient funds
are available to finance the City's share of the project cost,
and that all other matters prerequisite to awarding a construc-
tion contract within a period of six months have been or will be
taken care of within that time; and
~~EREAS, the California Highway Commission on
October 19, 1966, allocated the sum of $384,470, which sum
represents half the estimated cost of the participating portion
of said project after deducting Railway's contribution, and will
be used to finance the State's share of said cost, as required
by Section 190 of the streets and Highways Code; and
WHEREAS, the City and the State desire to enter into
an agreement with reference to the construction of said project
by the City, to set forth the types of costs attributable to the
participating project, and to provide for reimbursement to the
City by the state of its share of said costs; and
\rTrlEREAS, the State of California, Department of Public
~~orks, Division of Highways has tendered to the City a form of
agreement to be made and entered into between the parties, which
agreement the City Council finds would be for the benefit and
best interest of the city and should be approved.
NOW, THEHEFOHE, BE I'l' RESOLVED by the City Council of
the City of Anaheim that the agreement tendered to the City by
the State of California, Department of Public \vorks, Division
of Highways, to be made and entered into between the parties,
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providing for the construction of said Katella Avenue railroad
underpass and for reimbursement to the City by the State of its
share of the costs, upon the terms and conditions and in the
manner specified in said agreement, and as hereinafter set forth,
be, and the same is hereby approved. The terms, conditions,
etc. of said agreement read as follows:
!II. City hereby certifies it :las sufficient funds
available to finance its share of the project cost.
2. The costs attributable to the participating project
are limited to the following:
(a) Right of way: The cost of right of way shall
include condemnation attorney fees, the actual pay-
ment to property owners for right of way obtained,
the right of way agent's time plus travel expense
and normal payroll additives, and the cost of clearing
the right of way, including utility relocation costs
to the extent required by law, less the value of
excess lands obtained in such transactions.
(b) Engineering: Preliminary engineering shall
include the actual time of engineers and designers
plus travel expense and normal payroll additives.
(c) Construction costs: The amounts actually paid
to the contractor and the amounts directly expended
for field supervision and inspection, including
travel expense, normal payroll additives, laboratory
tests, work by Railway forces and Western Union
forces if any, shall constitute construction costs.
(d) Direct incidental costs: Direct incidental
costs shall be limited to cost of advertising for
bids, and cost of insurance and performance bonds.
(e) All additives, overhead, or administrative
costs, other than those mentioned above, are excluded
from the determination of the cost of the project.
3. City, in cooperation with Railway, will undertake
said grade separation project, which project consists
of acquisition and clearing of necessary rights of
way, preliminary and construction engineering, work
by Railway forces, and Western Union forces if any,
and construction of said project.
4. As promptly as possible, and in any event within
one year after the making of the allocation by the
Highway Commission, City shall award a contract for
construction of said project pursuant to the laws
governing City in the advertising and award of public
construction contracts, and in conformance with plans
and specifications prepared by or on behalf of City.
5. Within 60 days after award of contract by City for
construction of the project and upon being furnished
with a copy of the executed contract and the plans
and specifications, and an itemized statement from
City showing expenditures actually and necessarily made
by City prior to award of contract for preliminary
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engineering and rights of way directly connected with
the project, state will reimburse city for a portion
of said expenditures equal to the product obtained
by multiplying said expenditures by the ratio of
State's estimated share of the total project cost to
such total project costs.
6.
Thereafter, as the work progresses, upon being
furnished with copies of the ,contractor's progress
estimates, or other proof satisfactory to state as
to amounts actually paid the contractor and neces-
sarily expended directly for field supervision and
inspection, state will promptly reimburse City, up
to the total amount allocated for the project by the
Highway Commission, for a portion of the amount of
said payments to the contractor, and the amounts
expended by city directly for field supervision and
inspection, equal to the product obtained by multi-
plying said expenditures by the ratio of state's
estimated share of the total project cost to such
total project cost.
7.
Within 60 days after completion of the work and
acceptance-thereof by City, a detailed statement of
the actual direct cost of the project will be
prepared by City and furnished to State whereupon a
final accounting will be made based on the actual
direct cost of the work to the City (using the
definitions of costs herein prov~ded). State's share
of said actual cost will be equal to one-half of the
actual direct cost of the State participating portion
of the project, after deducting therefrom the amount
of the Railway's contribution, whether in form of
cash, or railroad work, or a combination thereof.
state will at that time pay City the balance, if
any, of state's share of said costs, not exceeding
the total amount allocated for the project by the
Highway Commission. If upon the final accounting
it develops that state previously paid more than
its share of said participating portion of the project
cost, computed in said manner, City will refund to
state the difference between state's share of said
participating portion of the project cost, and the
amount paid by State.
8.
The total project limits and that Dortion for
determination of state's participation are defined
on Exhibit IIAII attached hereto and made a part
hereof. II
BE IT FURTHER RESOLVED that the Mayor and City Clerk
be and they are hereby authroized to execute said agreement
for and on behalf of the city of Anaheim.
THE FOREGOING RESOLUTION is approved and signed by me
this lOth day of January, 1967.
~(l7~~
bffiYOR OF THE CITY OF M~ EIM
ATTEST:
)x~
OF
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) s s.
CITY OF ANAHEIM )
I, DENE 14. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution No. 67R-2l was
introduced and adopted at a regular meeting provided by law, of the
City Council of the City of Anaheim, held on the lOth day of
January, 1967, by the following vote of the members thereof:
AYES:
COUNCILMEN: Pebley, Chandler, and Krein
NOES:
COUNCILMEN: None
ABSENT: COUNCILMEN: Dutton, Schutte,
AND I FURTHER CERTIFY that the Mayor of the City of Anaheim
approved and signed said Resolution No. 67R-21 on the lOth day
of January, 1967.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the .official seal of the City of Anaheim this lOth day
of January, 1967.
( SEAL)
~ fro ~4~
CI CLERK OF THE CITY OF ANAHEIM
I, DENE M. WILLIAMS, City Clerk of the City of Anaheim,
do hereby certify that the foregoing is the original of Resolution
No. 67R-21 duly passed and adopted by the Anaheim City Council on
January 10, 1967.
~~~.;.~
City Clerk