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1955-3038RESOLUTION N 3038 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM EMPLOYING JAMES M. MONTGOMERY TO PREPARE AND MAKE PRELIMINARY STUDIES, SURVEYS AND DESIGNS, AND TO PREPARE DETAILED PLANS AND SPECIFICATIONS FOR A 3,000,000 GALLON EARTH EMBANKMENT TYPE WATER STORAGE RESERVOIR, A 5,000,000 GALLON STEEL WATER STORAGE RESER- VOIR, AND A 4,000-GALLON PER MINUTE CAPACITY PUMPING STATION FOR THE CITY OF ANAHEIM; AND PROVIDING FOR SUPERVISION AND ASSISTANCE IN THE CONSTRUCTION THEREOF; AND FIXING HIS COM- PENSATION. WHEREAS, the City Council finds that the City of Anaheim is rapidly expanding in area and increasing in popu- lation and that there is an ever increasing demand for water for domestic, commercial and industrial purposes; and WHEREAS, the growing demand for water and the anticipated future demand for water will tax the facilities of the City Water Department to adequately supply such de- mands, and it is necessary to construct two water storage reservoirs and a pumping station to supply the future de- mands for water in territories which it is anticipated will be annexed to and become a part of the City, and detailed plans and specifications for such water storage reservoirs and pumping station should be prepared; and WHEREAS, the City Council finds that James M. Montgomery, a consulting engineer, having his office at 15 North Oakland Avenue, Pasadena 1, California, is qualified and capable of making such studies and surveys and prepar- ing such detailed plans and specifications; and that he has offered to make soil and foundation studies, test borings, and prepare preliminary plans and estimates of alternative types of construction and, upon approval of designs, to prepare detailed plans and specifications for the construc- tion of said reservoirs and pumping station and to prepare contract documents, including specifications, and provide general supervision, including assistance in the advertis- ing and taking of bids, advice on award of contracts, check- ing shop drawings and occasional visits to the projects dur- ing the construction thereof, upon the terms and conditions, and for the compensation hereinafter more particularly set forth. NOW, TH3RFORE, BE I'.' RESOLVED by the City Council of the City of Anaheim that James M. Montgomery, consulting engineer, 15 North Oakland Avenue, Pasadena 1, California, be, and he is hereby, employed by the City of Anaheim to per- form the following services: 1. To make soil investigations, foundation studies, and test borings to determine the bearing capacity and soil composition as a basis for the design of a 3,000,000 gallon earth embankment type water storage rese?_voir, with alternate types of linings and roofs, to be located on La Palma Avenue in the City of Anaheim just west of the existing reservoir and pumping station; and to prepare preliminary designs, plans and estimates of alternative types of construction, such plans to be aperoved by the City Council of the City of Anaheim be- fore proceeding with the final design. -1- 2. To prepare the design and detailed plans and specifications, drawings and profiles for the construction of said 3,000,000-gallon earth embankment type water storage reservoir with alternate types of linings and roofs, including general conditions, bid forms and instruction to bidders. Said plans and specifications shall conform to all state and local laws and regulations. Six sets of plans and specifications, together with all copies required by public agencies, shall be furnished. All other copies required shall be furnished at actual cost of duplicating and binding, plus a 50% service charge. 3. To make soil investigations and foundation studies to determine the bearing capacity and soil composition as a basis for the design and location of a 5,000,000-gallon steel water storage reservoir, to be located on Loara Street, in the City of Anaheim; and to prepare preliminary designs, plans and estimates of alternative types of construction, such designs, plans and estimates to be approved by the City Council of the City of Anaheim before proceeding with the final design. 4. To prepare the design and detailed plans, speci- fications, drawings and profiles for the construction of said 5,000,000-gallon steel water storage reservoir, including general conditions, bid forms and instruction to bidders, Said plans and specifications shall conform to all state and local laws and regulations. Six sets of plans and specifications, to- gether with all copies required by public agencies, shall be furnished. All other copies required shall be furnished at actual cost of duplicating and binding, plus a 5O% service charge. 5. To make preliminary soil investigations and sur- veys as a basis for the design and construction of a pumping station, with an instagled capacity of four thousand (4,000) gallons per minute, to be located upon Loara Street, in the City of Anaheim; and to prepare preliminary designs, plans and estimates of alternative types of construction, such designs, plans and estimates to be approved by the City of Anaheim be- fore proceeding with the final design. 6. To prepare the design and detailed plans, specifi- cations, drawings and profiles for the construction of said pumping station, with an installed capacity of 4,000-gallons per minute, including general conditions, bid forms and in- structions to bidders. Said plans and specifications shall conform to all state and local laws and regulations. Six sets of plans and specifications, together with all copies required by public agencies, shall be furnished. All other copies re- quired shall be furnished at actual cost of duplicating and binding, plus a 50% service charge. 7. To prepare contract documents when requested, including detailed designs and specifications for said reser- voirs and pumping station. costs. 8. To prepare detailed estimates of quantities and 9. To assist in securing bids. 10. To make analysis of bids received for the con- struction of said reservoirs and pumping station. -2- 11. To render assistance in the letting; of contracts. 12. To check shop and working drawings furnished by contractors. 13. To render assistance, when required, in the advertising and taking of bids and awarding of contracts, and to visit the projects during construction, and to gen supervise the construction of said water storage reservoirs and pumping station as required by the City of Anaheim. 1 4. To review estimates for progress and final pay- ments to contractors. 15. To make final inspections and reports. 16. Upon completion, to prepare and furnish "as- built" plans and drawings from information furnished by the resident engineer. 17. To consult with and advise the City during the course of construction. 18. Field engineering services: (a) To make field engineering surveys to determine topography, profile data, and locations of physical features at the reservoir and pumping station sites. (b) To furnish detailed supervision of construc- tion by a resident engineer- inspoctor, and /or survey parties, to the extent requested by the City of Anaheim; the number of per- sons to be employed and the compensation to be paid them for such services to be approved by the City Council of the City of Ana- heim prior to such employment and the furnishing of such services. BE IT FURTHER RLSOLVED that said engineer shall com- mence the performance of the services herein specified to be rendered by him upon the execution of a contract to be made and entered into by and between the City of Anaheim and said engineer, and shall proceed diligently therewith and complete the preliminary studies, surveys, borings and designs as fol- lows: (a) For the 5,000,000-gallon water storacze reservoir, within fourteen days after notice to proceed, and to prepare and complete the design and detailed plans, specifications, drawings and profiles therefor within fourteen days after the approval of the preliminary design by the City. (b) For the 3,000,000 gallon earth embankment type water storage reservoir, to prepare the preliminary soil and foundation studies and test borings, and preliminary designs and estimates within forty -five days; and the final design and detailed plans, specifications, drawings and profiles therefor within sixty days. BE IT FURTHER RESOLVED that said consulting engineer, James M. Montgomery, shall receive as full compensation for the engineering services and work herein specified the following amounts: (a) For furnishing the services specified in Paragraph 1, Page 1 and Paragraph 2, Page 2 hereof, the sum of $10,000.00; (b) For the services to be rendered as specified in Paragraphs 3 and L, Page 2 hereof, the sum of $7,500.00; (c) For the engineering; services to be rendered as specified in Paragraphs 5 and 6, Page 2 hereof, the sum of 0,000.00; 000.00; and which said amounts shall be paid in the following manner: 20% of the amount for each item of engineering service and work mentioned above, ucon com- pletion of the work and services specified in Paragraphs 1, 3 and 5 of this Resolution; 60% of the amount for each of the items mentioned above, upon completion of the work and engineer- ing services specified in Paragraphs 2, 4 and 6 of this Resolution; 10% of the amount for each of the items mentioned above when 50% of the construction of said reservoirs and pumping station has been com- pleted; and The final 10» of the amount for each of said items shall be paid upon completion of the construction of said reservoirs and pumping station and the final acceptance thereof by the City of Anaheim. Said percentages stall apply separately to each item mentioned above when the work and services are performed. AND BE IT FURTHER RESOLVED that said engineer shall furnish, upon request, detailed supervision during construction of said reservoirs and pumping station, by furnishing the services of a resident engineer- inspector at a per diem cost of X50.00; and additional inspectors, if requested, at a per diem charge of 00.00; and surveyors at a per diem charge of 040.00, for time actually devoted to inspection, etc., includ- ing all mileage and other normal expenses during the construc- tion period, except extended delays caused by fire, storm, flood or other acts of God, by war or acts of public enemies, by the restriction in use, or procurement of, or inability to obtain materials, by strikes, by unusual delays in transporta- tion, or unavoidable casualties, or any cause beyond the con- trol or without the fault or neglect of the City. BE IT FURTHER RESOLVED that for any additional services rendered by the engineer in connection with the fol- lowing: (a) At the request of the City in connection with any other matter or any item of work not specified in the recitals hereof; (b) As a result of substantial changes ordered by the City in the nature or extent of any item of work; (c) As a result of the delinquency or insolvency of one or more of the contractors; or (d) As a result of fire, flood or other acts be- yond the control of the engineer which, by exercise of reasonable care and foresight, said engineer could not reasonably have been expected to avoid. said engineer shall be entitled to the following compensation: A reasonable amount to be agreed upon by the City of Anaheim and said engineer; or, if the parties cannot agree upon said amount, the actual payroll costs of the engineer occasioned by reason of said additional services, plus a sum equal to said payroll costs for overhead and services of said engineer. BE IT FURTHER RESOLVED that if, at any time during the term of the employment of said engineer, it is desired by the City to cancel the contract with said engineer and an equitable adjustment cannot be arrived at between the City and said engineer, or if the work should be suspended or abandoned before completion, the City shall pay to the engineer, in full and final settlement for work performed prior thereto, the actual payroll costs of the engineer to the time of such abandonment, together with an amount equal to the payroll costs for the overhead and services of the said engineer to the time of abandonment; provided, however, that such payment as in this paragraph provided, shall not exceed the installment payments up to the stage of completion as hereinabove set forth. AND BE IT FURTHER RESOLVED that the Mayor and the City Clerk of the City of Anaheim be, and they are hereby, authorized and directed to make and execute a contract for and on behalf of the City of Anaheim with said James M. Montgomery, consulting engineer, upon the terms and conditions herein specified, THE FOREGOING RESOLUTION is signed and approved by me this 13th day of December, 1955. ATTEST: 1 CITY CLERK OF THE CITY OF ANAHEIM. STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIANS, City Clerk of the City of Ana- heim, do hereby certify that the foregoing Resolution was passed and adopted at a regular meeting of the City Council of the City of Anaheim held on the 13th day of December, 1955, by the following vote of the members thereof: AYES: COUNCILMEN: Pearson, Fry, Schutte, Wisser and Van Wagoner. NOES: COUNCILMEN: None. ABSNT: COUNCILMEN: None. MAYOR OF THE CITY OF NA.l EgM. AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed and a2proved said Resolution on the 13th day of December; 195E% IN WITNESS WHEHEOF, 1 have hereunto set my hand and affixed the seal of the City of Anaheim this 13th day of December, 1955. (SEAL) CITY CLERK OF THE CITY OF ANAHEIM.