56R-3117
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RESOLUTION NO. 3117
A RESOLUTION OF THE CITY COTfHCIL OF THE
CITY OF .ANAHEIM APPROVING THE PRELIMINARY
DESIGlfS, PLANS AND ESTIKA~ES AND AUTHORIZING
JAKES M. MONTGOMERY, CONS~TING ENGINEER,. TO
PROCEED WITH THE PREPAR.AT:!lON OF DETAILED PLAIS
AND SPECIFICATIONS FOR THS CONSTRUC'IOI OF TWO
4-MILLION GALLON EARTH _ANKKENT TYPE, STEEL
ROOF, WATER STORAGE RESER_US AND A 4-THOUS.lND
GALLON PER MINUTE CAPACITY PUMPING STATION FOR
THE CITY OF ANAHEIM.
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WHEREAS, heretofore, to wit, on the 13th day of
Deoember, 1955, the City Council did employ James M. Mont-
gomery to prepare and make preliminary studies, surveys and
designs and to prepare detailed plans and specifications for
a )-million gallon earth embankment type water storage reser-
voir, a 5-m111ion gallon steel water storage reservoir, and
a 4-thouland gallon per minute oapacity pumping station, for
the City of Anaheim; and
WHEREAS, pursuant to said Resolution, the said James M.
Montgomery did proceed to and did prepare a preliminary .des1gn
of said 3-million gallon earth emba~ent type reservoir ana
said 5-m111ion gallon steel reservoir and 4-thousand gallon per
minute pumping station and did make oertain foundation studies
and did preliminary work in oonneotion therewith; and
WHEREAS, the City Counoil does find that shortly after
the preliminary studies were oommenoed, quotations obtained
upon the 5-million gallon steel reservoir showed that very sub-
stantial price increases had taken place since the first of the
year and that deliveries of steel plate were such that the Qon-
traot time for a steel reservoir oould not be less than eight
months and likely longer; and
WHEREAS, the growing demand for water and the antioi-
pated future demand for water will tax the facilities of the
City Water Department to adequately supply such demands and
that it is neoessary to oonstruct two 4-million gallon earth
embankment type, steel roof, water storage reservoirs and a
4-thousand gallon per minute oapaoity pumping station for the
City of Anaheim, to supply the future demands for water in the
territories which it is anticipated will be annexed to, and
beoome a part of the City and that detailed plans and specifi-
cations for such water storage,reservoirs and pumping stations
should be prepared; and
WHEREAS, the Oity Counoil finds that James M. Montgoaer7,
Oonsulting Engineer, 15 North Oakland Avenue, Pasadena, Calif-
ornia, is qualified and capable of making such studies, surv.ys
and preparing such detailed plans and speoifications and that he
has offered to make soil investigations, detailed surveys ant
prepare such detailed plans and speoifioations for the oonstruo-
tion of the ground storage reservoirs and pumping station and
to prepare oontraot doouments including specifications and pro-
vide general supervision, inoluding assistanoe in making and
taking of bids, advise on the award of oontraot, cheoking shep
drawings and ocoasional visits to the proJeot during the construo-
tion, upon the terms and conditions and for the compensation
hereinafter more partioularly set forth.
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NOW, THEREFORE, BE IT RESOL TED by the Oi ty Oounoil
of the Oity of Anaheim, that James K. Montgomery, Consulting
Engineer, 15 North Oakland Avenue, Pasadena, Oalifornia be,
and he is hereby, employed by the OIty of Anaheim, to perform
the following servioes:
1.
Make soil investigations to determine the
bearing oapaoity and SOlI oomposition as
a basis for design of the earth fill for
the reservoirs and other structures required.
2.
Make detailed surveys as needed to augment
cross sections and other available property
data of the site provided by the Oity.
Prepare detailed plans and speoifications
for the oonstruotion of the two 4-million
gallon earth embankment type, steel roof,
water storage reservoirs, and a 4-thousand
gallon per minute oapaolty pumping station,
inoluding all bid sheets and legal forms
necessary for the taking of bids.
The plans and speoificat:ions shall conform
to all state and local regulations. Three
sets of plans and specifioations, tog:ether
with all oopies required by public agenoies,
shall be furnished. All other oopies re-
quired shall be furnished at aotual cost of
duplioating and binding, plus a 50% service
oharge.
4. Prepare contraot documents, inoluding de-
tailed designs and specifications for said
reservoirs and pumping station, one of said
reservoirs to be looated on La Palma Avenue
in the Oity of Anaheim, Just west of the
existing reservoir and pumping station. The
other reservoir and a new pumping station to
be looated on Loara Street in the Oity of
Anahe im.
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5. To generally supervise the oonstruotion of
said water reservoirs and pumping station as
and if required by the Oity of Anaheim, and
to render assistanoe when required in the
advertising and taking of bids and the award-
ing of contraots, in ohecking shop drawings
and visits to the projeot during oonstruotion.
6. To make estimates of quantities and oosts.
7. To make analysis of bids reoeived for the
construction of said reservoirs and pump-
ing station.
8. Upon oomfletion of the proJeot, the prepara-
tion of as-built" drawings from the infor-
mation furnished by the resident engineer.
BE IT FURTHER RESOLVED that said Engineer shall pro-
oeed first to prepare the designs, plans and speoifioations
for a 4-mlllion gallon earth embankment type reservoir to be
located on La Palma Avenue near the s:ite of the present water
reservoir of the City of Anaheim.
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AND BE IT FURTHER RESOLVED that the City Council
does hereby reserve the right to mOdify this resolution and
postpone or eliminate entirely, the preparation of the design,
detailed plans and specifications of the other 4-million gal-
lon' ~ earth embankment type reservoir, if it shall find that
the constrUction and completion of such other reservoir will
not be needed at the present time, or until some time in the
future, and to postpone or eliminate entirely, the prepara-
tion'of the design, detailed plans and speoifications for the
4-thousand gallon per minute oapacity pumping station on
Loara Street in the City of Anaheim.
AND BE IT FURTHER RESOLVED that said James M. Mont-
gomery, Consulting Engineer, shall reoeive, as full compensa-
tion for the services hereinbefore mentioned and desoribed,
for and on acoount of said two 4-million gallon earth embank-
ment type, steel roof, water storage reservoirs and a 4-thousand
gallon per minute oapacity pumping station for the City of
Anaheim, the following:
(a) For the services to be rendered in the
design and preparation of plans and speci-
fioations for the 4-million gallon earth
embankment type reservoir to be located
on La Palma Avenue in the City of Anaheim,
just west of the existimg res ervoir and
pumping station, the s~ of $13,000.00.
(b) For services to be rendered in the design
and preparation of detailed plans and
specifications and foundation studies for
the 4-million gallon earth embankment type
reservoir to be located on Loara Street,
in the City of Anaheim, the sum of $13,000.00.
(c) For servioes to be rendered in connection
with soil and foundation studies and the
design and preparation Of the plans and
specifications for the 4-thousand gallon
per minute capacity pumping station to be
located on Loara Street, in the City of
Anaheim, the sum of $5,000.00.
The above compensation shall be paid in the following
manner :
20% of the amount for each item of engineering services
and work mentioned above, upon completion of the work and
servioes specified in paragraphs I and 2 of this Resolution.
60% of the amount for each of the items mentioned above
upon completion of, the work and engineering services specified
in paragraphs 3, 4 and 6 of this Resolution. .
IO%of the amount for each of the items mentioned above
when fifty per cent of the construction of said reservoirs aDd
pumping station has been completed.
The final 10% of the amount ~or eaoh of said items shall
be paid upon completion of the construction of said reservoirs and
pumping station and the final aoceptance thereof by the Oity of
Anaheim.
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Said percentages shall apply separately to each
item mentioned above when the work and services are performed.
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BE IT FURTHER RESOLVED that said Engineer shall furBish
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 charge of $50.00 and
additional inspectors, if requested, at a per diem charge of
.50.00 and surveyors at a per diem charge of #40.00 for time
actually devoted to inspection, etc., including all mileage and
other normal expenses during the oonstruction. Except extended
delays caused by fire, storm, flood or other acts of God, by war
or aots of public enemies, by the restriotion in the use or pro-
curement of or inability to obtain materials by strikes, by
unusual delays in transportation, or unaVOidable casua~le.)
or any cause beyond the control and without the fault or neglect
of the City.
AND BE IT FUR'1'HER RESOLVED tnat for any additional
services rendered by the Engineer in connection with the following:
(a) At the request of the City in conneotion with
any other matter or any item of work not speci-
fied in the recitals hereof.
(b) As a result of substantial changes ordered by
the City in a nature or extent of any item of
work.
(c) As a result of the delinquency or insolvency
of one or more of the contractors.
(d) As a result of fire, flood or other acts beyond
the control of the Engineer, whioh by exeroise
of reasonable care and forethought, said engineer
could not reasonably have been exPected to avoi4.
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
cost of the Engineer oocasioned by reason of said
additional services plus a sum equal to sald payroll
cost for overhead and servioes of said engineer.
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AND BE IT FURTHER RESOLVED that it, at any time, during
the term of the employment of said Engineer, it is desired by
the City to oancel the oontraot with said Engineer and an equit-
able adjustment cannot be arrlved at between the City ani sald
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 aotual payroll
oost of the Engineer to the time of such abandonment together
with an amount equal to the payroll cost for overhead and servioes
of 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 here-
inabove set forth.
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AND BE IT FURTHER RESOLVED that the Mayor and City
Clerk of the City of Anaheim be, and they are hereby, author-
ized 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 31st day of January, 1956.
MA(~;;:~~M
.TlfEST:
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JI or. (}!HE Oi:~
iTA'fE OF CALIFORNIA )
eOl'lftY OJ' ORANGE }
CITY OF .ANAHEIM }
I, DENE M. WILLIAMS, City Clerk of the Ci~f of Ana-
heim, do. hereby certify that the foregoing Rece.... .1.... ~.n w.......
passed and adopted at an adjourned regular .~~lag &f tie
City Coul\cil held on the 31st day of Januarl,1956, by the
following vote of the members thereof:
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AYES:
NOES:
ABSENT:
COUNCILMEN: Pearson, Fry, Schutte and Wisser.
COUNCILMEN: None.
COUNCILMENt Van Wagoner.
AND I FURTHER CERTIFY that the Mayor of the City of
Anaheim signed and approved said Resolution on the 31st da1
of January, 1956.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed the seal of the City of Anaheim this 31st day of
lanuary, 1956.
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C . ERIC OF . OI YOI' '. IX
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