56R-3366
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RESOLUTION NO. 3366
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ANAHEIM MODIFYING P~SOLUTION NO. 3117
RELATING TO THE PREPARATION OF DETAILED PLANS
AND SPECIFICATIONS BY JAMES M. MONTGOMERY FOR
THE CONSTRUCTION OF TWO 4-MILLION GALLON EARTH
EMBANKMENT TYPE, STEEL ROOF, WATER STORAGE
RESERVOIRS AND A 4-THOUSAND GALLON PER l~NUTE
CAPACITY PUMPING STATION FOR THE CITY OF ANAHEIM.
WHEREAS, heretofore, on the 31st day of January, 1956, the
City Council adopted Resolution No. 3117 authorizing James M.
Montgomery, Consulting Engineer, to proceed with the preparation of
the detailed plans and specifioations for the construction of two
4-million gallon earth embankment type, steel roof, water storage
reservoirs and a 4-thousand gallon per minute capacity pumping
station for the City of Anaheim; and
WHEREAS, the said James M. Montgomery has prepared detailed
plans and specifications for one of said two 4-million gallon reser-
voirs and has submitted said plans and specifications to the City
Council of the City of Anaheim; and
WHEREAS, the City Council does find and determine that it
is not necessary at this time to have detailed plans and specifica-
tions prepared for the other 4-million gallon reservoir and for said
4-thousand gallon per minute capacity pumping station and that said
Resolution No. 3117 should be modified by the elimination of the
services therein provided for and the design and preparation of said
plans and specifications and the performance of said work and all
work in connection with said other 4-million gallon reservoir and
said 4-thousand gallon per minute capacity pumping station.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that ~esolution No. 3117 adopted by the City Council
on January 31, 1956 be, and the same is hereby, modified, and that
the said James H. IVlontgomery, Consulting Engineer, of 15 North Oak-
land Avenue, Pasadena, California be, and he is hereby, instructed
to complete detailed plans and specifications for the oonstruction of
one 4-million gallon earth embankment type, steel roof, water storage
reservoir, instead of preparing plans for two such reservoirs and
tr~t he be, and he is hereby, further instructed not to prepare plans
for such additional reservoir and not to prepare detailed plans for
the 4-thousand gallon per minute capaoity pumping station for the
City of Anaheim as mentioned in said Resolution No. 3117. That said
plans and specifications for said reservoir shall conform to all
state and local regulations. Three 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 bind plus a 50~ service charge.
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BE IT FURTHER RESOLVED that said James M. Montgomery, Con-
sulting Engineer, be and he is hereby, employed and instructed to
perform the following services:
(1) I~ke soil investigations to determine the bearing
capacity and soil composition as a basis for design
of the 4-million gallon earth embankment type
reservoir to be constructed at the La Palma site.
(2) Make detailed surveys as needed to augment cross
sections and other available property data of the
site provided by the Oity.
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(3) Prepare detaileu plans and specifications
for the construction of the 4-million gallon
earth embankment type, steel roof, water
storage reservoir, to be located on La Palma
Avenue, including all bid sheets and legal
forms necessary for the taking of bids.
The plans and specifications shall conform
to all state and local regulations. Three
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.
(4) Prepare contract documents, including de-
tailed designs and specifications for said
reservoir to be located on La Palma Avenue
in the City of Anaheim, just west of the
existing reservoir and pumping station.
(5) To generally supervise the construction of
said reservoir as and if required by the
City of Anaheim, and to render assistanoe
when required in the advertising and taking
of bids and the awarding of contracts, in
cheoking shop drawings and visits to the
project during construction.
(6) To make estimates of quantities and costs.
('7) To make analysis of bids received for the
construction of said reservoir.
(8) Upon completion of the project, the prepara-
tion of II as-buil tll drawings from the informa-
tion furnished by the resident engineer.
Al"'"
AND BE IT FURTHER RESOLVED that said James M. Montgomery,
Consulting Engineer, s~~ll receive as full compensation for the
services hereinbefore mentioned and described,for anion account
of said 4-mil1ion gallon earth embankment type, steel roof, water
storage reservoir, for the City of Anaheim, the following:
(a) For said 4-million gallon earth embankment type
reservoir to be located on La Palma Avenue in
the City of Anaheim, just west of the existing
storage reservoir and pumping station, the sum
of $13,000.00, to be paid as hereinafter provided.
(b) For preliminary work done prior to the modifi-
cation of said Resolution No. 3117 and the change
of plans by notification to said Engineer for
work completed on the Loara Street reservoir, the
sum of $2,200.00.
(c) For preliminary work done and performed and ser-
vices rendered prior to the change of plans and
the modifications of said Resolution No. 3117 on
the Loara Street pumping station, the sum of
$1,000.00.
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That the above compensation for the services to be
rendered for the 4-million gallon earth embankment type reser-
voir shall be paid as follows:
20% of the amount mentioned above, upon completion
of the work and services specified in paragraphs land 2 of
this Resolution.
60% of the amount mentioned above, upon completion
of the work and engineering services specified in paragraphs
3, 4 and 6 of this Resolution.
10% of the a~ount mentioned above when 50% of the
construction of said reservoir has been completed.
The final 10% of the amount mentioned above shall be
paid upon completion of the construction of said reservoir
and the final acceptance thereof by the City of Anaheim.
The sums mentioned in subparagraphs (b) and (c) shall
be paid to said Engineer forthwith.
AND BE IT FURTHER RESOLVED that said Engineer shall
furnish upon request, detailed supervision during construotion
of said reservoir by furnishing the services of a resident
engineer inspector at a per diem charge of $50.00 and addi-
tional inspectors, if requested, at a ~er diem charge of $50.00
and surveyors at a per diem charge of $40.00, for the time
actually devoted to inspection, etc., including all mileage
and other normal expenses during the construction 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 the
use or procurement of, or inability to obtain materials, by
strikes, by unusual delays in transportation or unavoidable
casualties or any cause beyond the control or without the fault
or neglect of the City.
AND BE IT FURTHER RESOLVED that for any additional
services rendered by the Engineer in connection with the
following:
(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 a nature or extent of any
item of work.
(c) As a result of the delinquency or insolvenoy
of one or more of the contractors.
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(d) As a result of fire, flood or other acts beyond
the control of the Engineer, which by exercise
of reasonable care and forethought, 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
oannot agree, upon said amount, the actual payroll
oost of the Engineer occasioned by reason of said
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adtiitional services plus a sum equal to said payroll
cost for overhead and services of saiti engineer.
AND 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 contra ct with said Engineer and an equi t-
able adjustment cannot be arrived at between the City and said
Engineer, or if the work should be suspendeci or abandoned before
completion, the City shall pay to the Engineer, in full and final
settlement for work performed prior thereto, the actual payroll
cost of the Engineer to the time of such abandonment together
with an amount equal to the payroll cost for overhead and ser-
vices of said Engineer to the time of abandonment, provided, how-
ever, that such payment llS in this paragraph provided, shall not
exceed the installment payments up to the stage of completion
as hereinabove set forth.
THE FOREGOING RESOLUTION is si[,'TIed and approved by me,
this 3rci day of July, 1956.
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ATTEST:
~f1fdRK~ ~/fHE1r~~A~
STATE OF CALIFORIHA
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 an adjourned regular meeting of the City Council
held on the Jrd day of July, 1956, by the following vote of the
members thereof:
AYES:
COUl'~CILIvlEN: Pearson, Fry, Schutte and Waer.
NOES:
COUNCILMEN: None.
ABSENT:
COUNCILfiiAN: Coons.
M~D I FURTHER CERTIFY that the Mayor of the City of
Anaheim signed and approved said Resolution on the 3rd day of
JUly, 1956.
IN WITNESS \'/lliREOF, I have hereunto s.et my hand and
affixed the seal of the City of Anaheim this Jrd day of July,
19)6.
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CITY CLERK OF -,],HE~ITY ot-XIf4nl
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