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1960-5789RESOLUTION NO. 5789 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM APPROVING AN.AGREEMENT TO BE MADE AND ENTERED INTO WITH THE ORANGE.COUNTY FLOOD ODNTROL DISTRICT FOR THE CONSTRUCTION.OF A CULVERT AT GILBERT STREET; AUTHORIZING PAYMENT OF THE CITY'S PERCENTAGE.OF THE COST OF SAID CULVERT; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT FOR AND ON BEHALF.OF THE CITY. WHEREAS, Carbon Creek Channel is Project No. B -1 of the Engineer's Report dated March, 1955, entitled "General Plans, Specifications and Estimates of Cost of Rights of Way and Construction of Improvements for Drainage Facilities for Flood Control in Orange County, California, on file in the Office of the County Clerk of Orange County, California; and WHEREAS, the obligation of the Orange County Flood Control District in respect to Gilbert Street when construct- ing said Project B -1 is that of restoring Gilbert Street to its condition of usefulness existing prior to the Orange County Flood Control District's construction, which would constitute the construction of a culvert 40 feet in length, of which 20 feet would lie west of the center line of Gilbert Street; and WHEREAS, the City of Anaheim desires that the culvert at Gilbert Street be constructed to ultimate width, which would constitute a culvert of which 32 feet would lie west of the center line of Gilbert Street; and WHEREAS, the best interests of the City of Anaheim and the Orange County Flood Control District will be served by constructing said culvert to ultimate width and apportion- ing the costs of the construction thereof between the City of Anaheim and said Flood Control District; and WHEREAS, the Orange County Flood Control District has offered to enter into an agreement with the City of Anaheim for the construction of said culvert, and has this day sub- mitted to the City Council a form of agreement to be made and entered into by the City and said District, 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 said Orange County Flood Control District, to be made and entered into by and between the City and said District, whereby the Orange County Flood Con- trol District agrees to construct the culvert hereinabove referred to, upon the terms and conditions and for the percentages of cost set forth in said agreement and as hereinafter set forth, be and the same is hereby approved. That said terms and conditions are as follows: -1- 1. That Orange County Flood Control District's Flood Control Engineer shall prepare or cause to be prepared, plans and specifications for said culvert and submit same to the City Engineer of the City of Anaheim for checking and approval. 2. That upon approval of said plans and specifica- tions by said Engineer, and when plans and specifications for that portion of Project B -1 between the Pacific Electric Railroad and Manchester Avenue have been approved by the City in accordance with the applicable provision of the Orange County Flood Control Act, said 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. That during construction of said culvert the Orange County Flood Control District shall furnish a resident engineer to perform the usual functions of a resident engineer. During said construction the 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. 14.. That as hereinafter provided, the City shall pay said District its percentages of the cost of said culvert, said percentage of cost to be computed for that portion of the culvert west of the center- line of Gilbert Street on the following basis: (a) The total construction cost west of the centerline of Gilbert Street shall be the sum of the following: The quantity of each bid item for the culvert multiplied by the respective unit price paid the said District's contractor for said bid item, and the cost of relocation of utilities made necessary by the construction of a culvert longer than what said District is obligated to construct and not required by channel work. (b) The City's percentage shall be 12/32 of the total cost of said culvert west of the center- line of Gilbert Street plus 5% of this amount to cover the District's cost of design, inspection, field engineering and final reports and acceptance. 5. That upon completion of construction and filing notice of completion of same, Orange County Flood Control District shall bill the City for the City's percentage of the costs. Said bill shall itemize the contract bid items and amounts. paid for the respective bid items. The City shall pay to said District the amount of said bill within 30 days of the receipt thereof. BE IT FURTHER RESOLVED that the Mayor and the City Clerk be,.and.they, are hereby, authorized and directed to execute said agreement for and on behalf of the City of Anaheim. THE FOREGOING RESOLUTION is approved and signed by me this 26th day of January, 1960. ATTEST: (SEAL) 6. That from and after the completion of said con- struction, the maintenance of said culvert shall be the sole responsibility of the Orange County Flood Control District. r IY 1 _EGG CLERK OF THE 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 passed and adopted at a regular meeting of the City Council held on the 26th day of January, 1960, by the following vote of the members thereof: AYES: COUNCILMEN: Coons, Fry, Pearson, Thompson and Schutte. NOES: COUNCILMEN: None. ABSENT: COOUNCILMEN: None. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said resolution on the 26th day of January, 1960. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Anaheim this 26th day of January, 1960. C CLER F C T OF ANAHEIM.