1951-18921
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RESOLUTION NO. 1892
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ANAHEIM ACCEPTING SEALED PROPOSALS AND
AWARDING A CONTRACT TO THE LOWEST RESPONSIBLE
BIDDER FOR THE FURNISHING TO THE CITY OF ANA
HEIM OF CAST IRON WATER PIPE.
WHEREAS, the City Council of the City of Anaheim did cause t
be published in a newspaper of general circulation, printed, pub
lished and circulated in the City of Anaheim, to wit, the Anaheim'
Bulletin, on the 24th and 31st days of August, 1951, a notice in-
viting sealed proposals for the furnishing to the City of Anaheim
the following approximate quantities of cast iron pipe:
1. 6,000 ft. of 12 inch Cast Iron Pipe.
2. 10,000 ft. of 8 inch Cast Iron Pipe.
3. 12,500 ft. of 6 inch Cast Iron Pipe.
in accordance with "Specifications for Cast Iron Water Pipe, Series
of 1950, City of Anaheim" on file in the office of the City Clerk
of the City of Anaheim, and
WHEREAS, such notice inviting proposals for said cast iron
water pipe did provide that said sealed proposals would be received
by the City Council of the City of Anaheim at the office of the
City Clerk of said City up to the hour of 8 :00 o'clock P.M. of
Tuesday, the llth day of September, 1951, and
WHEREAS, the City Clerk of the City of Anaheim did receive
the following sealed proposals prior to 8:00 o'clock P.M. on Tues-
day, September 11, 1951, responses to said notice inviting sealed
proposals for the furnishing of said cast iron water pipe, to wit:
United States Pipe and Foundry Company
Los Angeles, California F.O.B. MILL F.O.B.ANA
6,000 ft. of 12 inch .pipe
10,000 ft. of 8 inch pipe
12,500 ft. of 6 inch pipe
James B. Clow Sons,
Los Angeles, California
6,000 ft. of 12 inch pipe
10,000 ft. of 8 inch pipe
12,500 ft. of 6 inch pipe
3.51 ft.
2.049 ft.
1.428 ft.
3.28 ft.
1.92 ft.
1.31 ft.
3.73 ft.
2.179 ft.
1,514 ft.
4.20 ft.
2.45 ft.
1.67 ft.
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F.O.B. MILL F.O.B. ANAHEIM
American Oast Iron Pipe Company
Los Angeles, California
6,000 feet of 12 inch pipe
10,000 feet of 8 inch pipe
12,500 feet of 6 inch pipe
Pacific States Cast Iron Pipe Co.
Los Angeles, California
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3.14 ft.
1.83 ft.
1.26 ft.
6,000 feet of 12 inch pipe 3.262 ft.
10,000 feet of 8 inch pipe 1.901 ft.
12,500 feet of 6 inch pipe 1.33 ft.
4.08 ft.
2.37 ft.
1.62 ft.
3.643 ft.
2.125 ft.
1.48 ft.
WHEREAS, the City Council finds and determines that the
sealed proposal of Pacific States Cast Iron Pipe Company, 437 South
Hill Street, Los Angeles 13, California for the furnishing of said
cast iron water pipe. in accordance with the specifications and
notice inviting sealed proposals, is the lowest responsible propos-
al submitted for the furnishing of said cast iron water pipe and
the one best suited to accomplish the purpose for which said pipe
is to be purchased, and that said proposal of Pacific States Cast
Iron Pipe Company should be accepted and a contract awarded to said
company.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Anaheim that the sealed proposal submitted by Pacific States
Cast Iron Pipe Company of 437 South Hill Street, Los Angeles 13,
California, for the furnishing of the cast iron water pipe as spec-
ified in the notice inviting sealed proposals and in accordance wit
"Specifications for cast iron water pipe, Series of 1950, City of
Anaheim on file in the office of the City Clerk of the City of
Anaheim, be, and the same is hereby, accepted and that a contract
for the furnishing of said cast iron water pipe be, and the same is
hereby, awarded to said Pacific States Cast Iron Pipe Company.
AND BE IT FURTHER RESOLVED that said Pacific States Cast Iron
Pipe Company be, and it is hereby, required to execute a contract
in required form, satisfactory to the City of Anaheim, upon the
terms and conditions specified in the notice inviting sealed propos-
als and the proposal submitted by it and in accordance with the
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specifications herein referred to for furnishing the cast iron orate
pipe in the quantities and sizes specified in the notice inviting
sealed proposals, at the prices set forth in the bid submitted by
said Pacific States Cast Iron Pipe Company and as hereinabove set
forth, f.o.b. the City yard or job sites, to be delivered within
thirty (30) days from date hereof.
AND BE IT FURTHER RESOLVED that the Mayor the City Clerk
of the City of Anaheim be, and they are hereby, authorized and
directed to execute for and on behalf of the City of Anaheim, with
Pacific States Cast Iron Pipe Company, a written contract for fur-
nishing said cast iron water pipe in accordance with the specifica-
tions on file in the office of the City Clerk, and the sealed
proposal submitted by said Pacific States Cast Iron Pipe Company
and accepted herein, and the notice inviting sealed proposals, and
the terms and provisions of this resolution.
AND BE IT FURTHER RESOLVED that said Pacific States Cast Iron
Pipe Company be, and it is hereby, required and directed to furnish
the City of Anaheim a surety bond payable to said City and subject
to the approval of the City Council, in an amount not less than
fifty (50) per cent of the aggregate total amount of said contract,
which bond shall be conditioned upon the faithful performance of
said contract.
AND BE IT FURTHER RESOLVED that should said Pacific States
Cast Iron Pipe Company fail to furnish said cast iron water pipe
in accordance with said specifications and the sealed proposal sub-
mitted by it and accepted by the City and the notice inviting Seale
proposals, within the time herein specified, that said Pacific
States Cast Iron Pipe Company shall, in addition to any other pen-
alties provided in the contract documents or by law, be liable to
the City of Anaheim for all loss or damage which the latter may
suffer on account thereof.
THE FOREGOING RESOLUTION is approved and signed by me this
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THIS AGREEMENT, made and entered into this day of
1951, by and between
CITY OF ANAHEIM, a municipal corporation of the sixth
class of Orange County, California, hereinafter re-
ferred to as "the City
A
N
D
A G R E E M E N T
Party of the First Part
PACIFIC STATES CAST IRON PIPE COMPANY, 437 South Hill
Street, Los Angeles 13, California, hereinafter called
and referred to as "the Contractor
Party of the Second Part.
WI TNESSETH
WHEREAS, the City Council of the City of Anaheim did cause
to be published in a newspaper of general circulation, printed,
published and circulated in the City of Anaheim, to -wit: the
Anaheim Bulletin, on the 24th and 31st days of August, 1951, a
notice inviting sealed proposals for the furnishing to the City
of Anaheim the following approximate quantities of cast iron pipe:
6,000 feet of 12 inch Cast Iron Pipe
10,000 feet of 8 inch Cast Iron Pipe
12,500 feet of 6 inch Cast Iron Pipe
in accordance with "Specifications for Cast Iron Water Pipe, Series
of 1950, City of Anaheim" on file in the office of the City Clerk
of the City of Anaheim, and
WHEREAS, such notice inviting proposals for said cast iron
water pipe did provide that said sealed proposals would be received
by the City Council of the City of Anaheim at the office of the
City Clerk of said City up to the hour of 8:00 o'clock P.M. of
Tuesday, the llth day of September, 1951, and
WHEREAS, the City Council of the City of Anaheim did duly
convene in a regular meeting and hold a public hearing on the llth
day of September, 1951, at the hour of 8 :00 o'clock P.M. and did
at said time and place receive all sealed proposals theretofore
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filed or submitted up to 8:00 o'clock P.M. on said date, and
WHEREAS, the City Council did find and determine that the
sealed proposal of Pacific States Cast Iron Pipe Company, 437 South
Hill Street, Los Angeles 13, California, for the furnishing of said
cast iron water pipe in accordance with the specifications and
notice inviting sealed proposals, is the lowest responsible propos-
al submitted for the furnishing of said cast iron water pipe and
the one best suited to accomplish the purpose for which said pipe
is to be purchased, and did thereupon adopt Resolution No.
accepting said proposal and awarding a contract to said company.
NOW, THEREFORE, for and in consideration of the mutual coven-
ants and promises of the parties hereto, it is agreed by and be-
tween them, each with the other, as follows:
1. That the complete contract shall consist of and include
the following documents, all of which, from (b) to (f) inductive,
shall be and are hereby incorporated by reference and made a part
hereof as fully as if set out in full herein:
(a) This agreement.
(b) The notice inviting sealed proposals, published
by the City of Anaheim on the 24th and 31st days
of August, 1951.
(c) The instructions to bidders.
(d) The bid form.
(e) The accepted proposal.
(f) The specifications designated "Specifications
for Cast Iron Water Pipe, Series of 1950, City
of Anaheim" on file in the office of the City
Clerk of the City of Anaheim, California.
2. That the party of the Second Part shall deliver, within
thirty (30) days from date hereof, upon the terms and conditions
specified in the notice inviting sealed proposals and the proposal
submitted by the Party of the Second Part, and in accordance with
"Specifications for Cast Iron Water Pipe, Series of 1950, City of
Anaheim' on file in the office of the City Clerk of the City of
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Anaheim, California, f.o.b. the City Yard or job sites, cast iron
water pipe in the approximate amounts and in the sizes and at the
prices set forth in its bid, to -wit:
6,000 feet of 12 inch pipe $3.643 per foot
10,000 feet of 8 inch pipe 2.125 per foot
12,500 feet of 6 inch pipe 1.48 per foot
the exact amount of which shall be determined by the City of
Anaheim.
3. That for and in consideration of the furnishing of said
cast iron water pipe in the amounts and sizes as hereinabove spec-
ified, said Party of the Second Part shall be entitled to receive
and shall be paid by the City of Anaheim, and the Party of the
Second Part agrees to accept in full satisfaction therefor, the
price per foot for such pipe as hereinabove set forth, f.o.b. the
City Yard or job sites, upon final delivery of the cast iron water
pipe required.
4. That if said Pacific States Cast Iron Pipe Company,
Party of the Second Part herein, shall fail to furnish said cast
iron water pipe in accordance with said specifications and the
sealed proposal submitted by it and accepted by the City, within
the time herein specified, or violate or fail to perform any of the
terms, provisions or conditions of the contract documents, it shall
be liable to the City of Anaheim for all loss or damage that the
latter may suffer on account thereof and this agreement, at the
option of the City of Anaheim, may be terminated and the Party of
the Second part shall forfeit all rights hereunder, except as to
the right of payment for pipe theretofore delivered in accordance
with the specifications, which payment shall be made in accordance
herewith, less any damage which the City of Anaheim may suffer by
reason of default of the Party of the Second Part in the perfor-
mance of any of the terms or provisions of any of the contract
documents.
IN WITNESS WHEREOF, the City Council of the City of Anaheim
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has caused this agreement to be subscribed by its Mayor and City
Clerk and said Party of the Second Part has signed this Agreement
on the day and year first above written.
ATTEST:
City Clerk of the
APPROVED:
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y of Anaheim
PACIFIC STATES CAST IRON PIPE COMPANY
BY
City Attorney of the City of Anaheim
/a or of the C,Y y of Anaheim
Party of the First Part
Party of the Second. Part
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11th day of December 1951.
ATTEST:
City erk of the
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF ANAHEIM
I, CHARLES E. GRIFFITH, City Clerk of the City of Anaheim,
do hereby certify that the foregoing Resolution was passed and
adopted at a regulat meeting of the City Council of the City of
Anaheim held on the 11th day of December
following vote of the members thereof.
1951.
AYES: COUNCILMEN::
of Anaheim
GB.
yor tQ of the i j y of Anaheim
Wieser, Heying and Van Wagoner.
signed and approved said Resolution on the 31th
the seal of the City of Anaheim this 11th day of
1951, by the
NOES: COUNCILMEN None.
ABSENT: COUNCILMEN: Pearson and Boney.
Q 11
AND I FURTHER CERTIFY that the May of the City of Anaheim
day of r),,.3m1„„►r
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
December 195
CLERK OF THE Y OF ANAHEIM