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1960-6048RESOLUTION NO. 604 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH THE ORANGE COUNTY FLOOD CONTROL DISTRICT FOR THE CONSTRUCTION OF A BRIDGE AT MILLER STREET; AND AUTHORIZING PAYMENT OF THE CITY'S PERCENT- AGE OF THE COST OF SAID BRIDGE. WHEREAS, under the authority of the Orange County Flood Control District Act, the Orange County Flood Control District proposes to construct the Atwood Channel, which channel is Project E -4 of the Engineer's Report dated March, 1955; and WHEREAS, the construction of the Atwood Channel, Project E -2, will necessitate the construction of a bridge at Miller Street, and the obligation of the Orange County Flood Control District with respect to said bridge is the construction of a bridge 32 feet in width, normal to the center line of Miller Street; and WHEREAS, the City of Anaheim desires that said bridge be constructed to greater width, which would consti- tute the construction of a bridge 64 feet in width normal to the center line of Miller Street; and WHEREAS, the Orange County Flood Control District has offered to enter into an agreement with the City for the construction of a bridge of greater width at Miller Street, and has submitted to the City of Anaheim a form of agreement to be made and entered into by and between the City and said District for the construction of said bridge, the terms and conditions of which the City Council finds to be fair and reasonable; 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 Orange County Flood Control District, to be made and entered into by the City of Anaheim and said District, for the construction of a bridge at Miller Street, 64 feet in width normal to the center line of the street, upon the terms and conditions and for the percentage of costs hereinafter set forth, be and the same is hereby approved. That said terms and conditions and percentage of costs are as follows: 1. District's Flood Control Engineer shall prepare or cause to be prepared, plans and specifications for said bridge and submit same to the City Engineer of City for checking and approval. 1 2. Upon approval of said plans and specifications by said City Engineer, and when plans and specifications for certain other bridges to be constructed at the same time as the Miller Street Bridge have been approved by all necessary agencies, 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 bridge District shall furnish a resident engineer to perform the usual functions of a resident engineer. During said construction City may also furnish a resident engineer, and in such case the resident engineers will cooperate and consult with each other, but the orders of the District's resident engineer shall be final. 4. As hereinafter provided, City shall pay District its percentaaes of the cost of said bridge, said percentage or cosi, shall be computed on the following basis: (a) The total construction cost shall be the sum of the following: The quantity of each bid item for the widening of said bridge multiplied by the respective unit prices paid the District's contractor for said bid items. (b) City's percentage of the Miler Street Bridge shall be 32/6 of the total cost or said bridge plus 10% of this amount to cover District's cost of design, inspection, field engineering and final reports and acceptance and the cost of relocation of utilities made necessary by the construction of a bridge wider than what District is obligated to construct and not required by channel work. 5. Upon completion of construction and filing notice of completion of same, District shall bill City for City's per- centage of the costs. Said bill shall itemize the contract bid items and amounts paid for the respective bid items. City shall pay to District the amount of said bill within 30 days of the receipt thereof. 6. From and after the completion of construction of said bridge, City shall maintain at its sole cost and expense that portion of said bridge above the elevation of the bottom of the bridge dec';. and District shall maintain at its sole cost and expense that portion of said bridge below said elevation. AND RE 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. BE IT FURTHER RESOLVED that the City Auditor be, and he is hereby authorized to pay to the Orange County Flood Control District the City's percentage of the costs of said bridge at the time and in the manner set forth in said agreement. THE FOREGOING RESOLUTION is approved and signed by me this 31st day of May, 1960. ATTEST: CITY CLERA OF THE CITY ANAHEIM STATE OF CALIFORNIA COUNTY OF ORANGE s s CITY OF ANAHEIM (SEAL) I.1A u7 J` L C1T AN1 I: I, DENE iti. WILLIPPS. City Clerk of the City of Anaheim, do hereby certify that the foregoing resolution was passed and adopted at a regular meeting of the City Council held on the 31st day of May, 1960, by the following vote of the members thereof: AYES: COUNC1Li-EN: Chandler, Coons, Thompson and Schutte. NOES: COUNC I L I JIEN None. Ar?S ENT: COU ;NC Ii.NEn' Fry. AND 1 FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 31st day of May, 1960. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 31st day of May, 1960. 3 I Y CLERK OF T177 CITY OF MATTE IN