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A 7J02 TEP CPY (7.F CILlv7 C:
;CA 1:C7P'fT rOR TP.1:
ANAH7TN, q:fr2r ATV' Arr TV,..7P:rjA
.:Ahf7TA LP
1 PR TOT' 7q7 7XECUTION 7 A T".,t .NPACT
A:7
110PCi 71
Brii 22, 1950.
11i Placcat.i'e
::/0.:Ar.A the ILItle of Anaheim, Fullerton. ao wad
ThFITA, notie st:ate tat pro:)ovia 'uld
be opene(d ct the ho cf olcioek OU the 73(i dtiy of
tr nerdiofore Pceolutchs atho the 17 of
PL.e.tOnelor to ;i.ct v. CItILte
In tile, 1 ioi1 Tr; 7erer Yroje
i the County Jolnt J i1 6 autheri2 the
AnaLloifu as such. itdvertiae nor bI ir the
t of mater vInn fop 1 1 T. t.ne oc,nstructIon
V,LaLholia Trun. Secr Yrojeot a:le to eard. coutracte tr.orefor, anc
7L1AEA, he City of Anaheim as oorArectine for the
cJtl of and. Park,
G6r6.1 Grove, La. .3atra. r t cf.Juse
Li 6c p in a r.' oircutlet, to Aqt the
i.. ct1i !.:7/0 the 23 and 29t1 of aepLelx,lor 1'D30,, t
hoLice Invitihg L?iC ro lw of
T-Lock 1 tic 31 aned or equal reinrca Concrete 1' L' IVY; 11-1(...Yp6
:cot In tth a .rfroxitiriste quantitite:
ftO 39" 2/3 lineel
10000 11... ft. 42" 2/3. lined;
2350 lin, ft. 4 1m 2/3 lined;
2770 di 3/4 lined; and
150, at a public mcetin of the City Council 32 the_ City of
off Cali•forla to Le held in th. 1 Thigmb r4
of hall r....Lotifying all. prDap:ective Olttders
ttat hldi' recelya uo to hol..1r or Plt4'. of
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date, and.
'.!qr at an a.e.. „egular .371.eetin thn City
cfluricil rf the City h. old October 3 1220 7. 8 oPcloci
ty (Thuncil The 2 rV of Anaheim dicP,. hold a
n.GetIn and hearints for the pur6 of opening ali TOroposal
ecei7ed up to that time for fl=isb n": the c:t spec-
flsd in Eaid noice and did at 'aid 1,J_rie ant place 3pen ali of said
sealed poposal:,17 received, w1ich ai2. sE-aled. 7,dro3oL12 r.;,0 received
Tere dpdm fo'inT1 ne7c2un fir or 0 to furnish
the Finunt of said pipe st oppoe:',te tnei7:' name ary pt thd followi
Priees:
N.AF'd•OF 7IDD7R, Trj 00.7)3.A1' IO1 OF
PARK, C.1=eTTINT.A
QuantIty and Type of Fine.
5,00 lin. ft. 39"diam. 2/3 lined;
10000 li. ft. 42" dam, 2/3 lined;
23, lin. ft. 48" dian., 2/3 lined;
2,770 1 1n. ft. 73" dlam, 3/4 lined;
NAME 07 BTDDR: ANTRICAN FIPE AND C0N3TRTTON COMFANY
5,000.1in. ft. 32" diam. 2/3 lined 3 16.80
10,000 lin. ft. 42" diam., 2/3 lined
23,660 lin. ft. zia't diam.,
7
Price per linear
16.60
17.75
21.75
41.00
Uned 3 21.7:0
2,770 lin. ft. 73" diam., 3/4 lined 40.40
and did thereupon refer said it tc, the City Fllgineer for examina-
tion:and report to the City Council at its reular meetinE to be
held.
an Octuber 10, 1950,
1/':EFREAS, the Citl. Council did. meet on October 10, 1950,
anel. did find that the Amerleah•P:Lpe and Construction Copany is the
lowest responsible biddeTo and thet thG sealed proposal submitted by
it the lowest responsible bld received for the furnishinu, of sai
concrete pipe and that the poposal ot nid Smerican Pipe and Con-
struction Company should be adeepted n¼ a contract awarded to them
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th of notice invitin sub-
tc f rotcd rYLti st,nitary
c*tain tt o c,.7)n.s.truct
h. City cr the :iit7 of 2 such
on 17f.th. nf flotober, 19150, ac Reso-
1779 said
to lyz,l.c:rcan i2„:116 C Company fo the 2uantities
pipe and at frces ]riereinbefore and.
contrac;t c.yrepard_ pursu.t. t said
'GB :r a ecTy of Ivaicb contract attach d
the 7 Co fine.',o that c.ontrat T
6. b the Cit of ArlheIT,.; sT„Ic con,
aj,ent;
7,71 77' TT ','.C. FY' T77 (f.',Nr.7,T OF THE
7 for the eit1::<)9 of fT.
an6 ere;.n.se, anJ. the 'P', PEF,I.r, Garde Grove, L,c_ Habra
and P Sanitary 1.2 s2rict, Lrfat a. contract In the manner and
iy.retc attached ent,r6:d inte,.. and. executed. b7 the City of
sdch contractinp az kr6cr1can.
5,000 lin. ft. 2/2 lined at
000 11r- ft. 42" (Ilan. 2/3 lined.
275,550 lin. ft. 2/5 lined at 21.30
2,770 lin. ft. 7, dian- 3/4 lined. at 40.40
'y Lructi
Combany for the furn1sh1 n7 the folloinE, cju2n a .31zes of
7riees:
per iIc. f
ft
11 11
delivered along the trench sCie of the Magnolia Trunk Sewer of the
Oran !;,e County Joint Outfall Ind that the Mayor ant, .1he City
'ltrk oc no they ar- hereby athoriz,ed to execute sai ntract
cfn behalf c:J.' Citv of as c a,ent for
;1.tie of Anaheim, Fuilerton and. r)l th. f"aLla
Cjarden. rove La. Habre EnC:. Iflacentia 3&nitary
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Ttf,..CLTRY
TATT.:, CALTYORFI
;Lis
007NTY C• OPANGE
CEAL71 H, City Ci..rk of t,he :cif Anaheim,
certl y that the, foreEoing iiesolution pased and
adopted at a regular moetin 5f. the City Council of the City o
Anaheim held on t,hq 26th day of December, 1950, by the following
voto of thc 1 unreof:
02' Pevxson, Wieser. Hoying and Boney.
NOY: COUNCILMEN: None.
ABSFNT: CO7NCILMrN: Van Wagmer
And 1 further certify that the Mayor of the City of
Anaheim signed and. approved :3,at'.6 Resolution or:i th 26th day of
December, 1050.
:T 'ITNIM5 77mgir 1 have hereunto 30t my hand and
atfixed th aaal of
1_ -3? .7.TV
1 7(2.7.J40IG il and .',.Tned 7 5y me this
1_,eeeliTibi )r 3 135D.
TH1.
of:Anaheim this 26th 01 December,
410
RS F TH7 .TIM
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A e
4.01 40* 4.
anc entered into
//k67
hy en4. between
CITY agent :;or the- oltlee of
rullorton Oranea and Art ndIm and the :3anitary Liztricts
01 11140414. )rk i zov, Le Habra un4 plavontiu,
Party or thm eit
(JYtii a corporation,
i'drty of "the Soacom. Pert,
r", 4if 4 4-
144. 'e
worm ft.
IL
City of Antnalm as contrectint agent for. th
oltios Anaheim, e.:' .tnd rdA,lorton 4ne for. th.t. 'Fork,
f3erdon rovo L 1tj attry trt. t eld 040400
be published In 6 13$1 V:0,110rai oirculatIon, t it, the
Anoneim on tht 254 ant; 20th day of 'eptenZar 1940 'a
notice 14*ItIng sf. prs tar the turnishinc of Azar-Platt
T-Lock Pleetie 1,111m4i. or eqt ka reinforced Conerete Pipe, 1600. D-load
per lintur Coot, In the i:ollowing approxl
te quantities:
0,000 lin. rt. dig., sits lined;
10,000 lin. ft. 4 614m4. it/a lined;
aa lin* rt. 46" Olga., 2/ lined;
2,910 lin. ft. 78" Olen., 3/4 1Lltd; and
said notice dlu state that paid propoesi v.. be
opened at the hour or 8 O'clock P.Y. on the Ut day of 0ctober,
MO, at public meetine of: the City Council of the City of
Anahein, State of California to be hold in th City Council L,Oloorher
of the City Hall or said city afl; notifying ell prospective bidders
that bide would be received up to Ult hour or 8 o'alook of
said date. and
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EREAS, at an adjourned regular meeting of the City Counci
of the City of Anaheim held on October 3, 1950, at :8 o'clock P.M.,
the City Council of the City of Anaheim did hold a public meeting
and hearing for the purpose of opening all sealed proposals re-
ceived up to that time for furnishing the concrete pipe as specifie
in said notice and did at Baia time and place open all of said seal-
ed proposals received and did thereupon refer said bids to the City
Engineer for examination and veport to the City Council at its
regular meeting to be held on October 10, 1950, and
t 111.REA8, the City of Anaheim did find that the sealed proposal
submitted by the Party of the Second Part to manufacture and delive
the following quantities and sizes of Amer -Plate T-Lock Plastic
Lined Re- inforced Concrete Pipe 1600 D -load at the following price
per linear foot, to -wits
5,000 lin. ft. 39N d a 2/3 lined X16.80
10,000 lin. ft. 42n diam., 2/3 lined 17.95
23,550 lin. ft. 480 dism., 2/3 lined 21.30
2,770 lin. ft. 78s diam., 3/4 lined 40.40
was the lowest responsible bid received for the furnishing of
concrete pipe and did adopt Resolution No. 1779 accepting the
proposal of said Party of the Second Part and awarding a contract
to it in accordance with the terms of the NotioeInviting Sealed
Proposals and subject to the sale of bonds voted by said cities and
sanitary districts to obtain funds with which to construct said
Magnolia Trunk Sewer Project.
NOW THEREFORE, for and in consideration of the premises afore
aid and the mutual covenants And promises of the parties hereto,
t is agreed by and between them as follows:
1. That the Party of the Second raft s 1 manufacture and
deliver Amer -Plate T• -lock Plastic Lined re- inforaed Ooncrete Pipe
1600 0 -load in the quantities and sizes and for the prices per
linear foot hereinabove set forth and as apes i.fled in said Notice
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Inviting Bids and the piens and specifications for said project a
prepared by Xoebig and Koebig, consultinj enginesrs, 458 South Spri
Street, Los Angeles, California and made available to the bidders
prior to the submission of sealed proposale. That said pipe shall
be delivered as cloee as practicable to the trench side of the
Magnolia Trunk Sewer of the Orange (County Joint Outfall Sewer
Project. Such deliveries shall conform to the oonstruotions sohed
ules established and maintained by the contractor or contractor
awarded the contract or contracts for the construction of said pro-
jeot. Such deliveries shall oommence on December 15, 1950, if the
Party of the First part is in a position to receive and use the sal
pipe at that time, otherwise, such deliveries shall commence there
after when notified by the Party of the First Part.
2. It is expressly understood and agreed that said pipe shall
be delivered to and paid for by the respective contractor or contra
tors to whom the contract is awarded for the construction of said
Magnolia Trunk Sewer Project; that said contractors will be requir
ad to use the pipe specified in this contract and will be required
to furnish a surety bond in an amount equal to one hundred percent
(100) of the contract price of said construction of said Magnolia
Trunk Sewer Project as security for the faithful performance of said
oontract and a separate surety bond in an amount equal to fifty
percent (50%) of the construction costs of said project as security
for the payment of all persons performing labor and furnishing
materials for said project.
3. And it is further expressly understood and agreed that
Party of the First Part shall have the right to oall for the de-
livery of only so much of the 5,000 linear feet of 39" pipe as it
may in its discretion as such contracting agent determine will be
used in said Magnolta Trunk BewOr.lrojeot.
It is furthe- ;q derstood and agreed that the contractor
or contractors to whom the contract for the construction of said
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If
1lproject is awarded will be required to pay for said pipe monthly for
2 all pipe delivered and in place or on hand for the preceding month
1
3 in accordance with delivery receipts checked and approved by the
i
4 jfield engineer of the Party of the First Part; that said monthly
5 I payments shall be made on or before the 10th day of the month for
6 lj the delivery of pipe made for the preceding calendar month.
Ii
5. That the Party of the Second Part shall furnish to the City of
Anaheim, a surety bond in an amount of fifty per cent (50 of the
aggregate payments to be made under the terms of this Contract, and
10 conditioned that said Party of the Second Part will furnish to the
1
11 City of Anaheim, and its contractor or contractors, the pipe herein-
12 before mentioned and described at the prices specified herein, and in
13 l!accordance with the terms, conditions and provisions of this Agreemen
14 and the Notice Inviting Sealed Proposals and the Proposal of the
15 Ii Party of the Second Part of date October 3, 1950 and the Resolution
16 k the City Council of the City of Anaheim accepting the bid of said
Party of the Second Part, and awarding it the contract for furnishing
the quantity of pipe hereinabove mentioned.
6, Excuses for Performance Failure or delays of performance
hereunder shall be excused when caused by fire, storm, flood or
other acts of Ocd; by war or act of public enemies; or restrictions
22 the use or procurement of materials by strikes or inability to
obtain labor; by inability to obtain transportation or by such other
cause or causes beyond the reasonable control of the Party whose per-
formance is prevented or delayed.
7. Contract with Successful Oidder for Installation
Upon the awarding of a contract or contracts for the construction
of said Magnolia Trunk Sewer Project and for the installation of
said pipe and the qualification of such contractor or contractors
including the posting of a surety bond in an amount equal to one
hundred percent (100%) of the contract price of such construction
of said Magnolia Trunk Sewer Project, as security for the faithful
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7 contract. Upon the execution of such contract by Party of the
8 ;Second Part, this contract shall terminate.
8. Notices Any notices or notice contemplated by the pro
10 D ivisions of this Agreement as well as any notice which either party
11 may desire to give to the other may be made by depositing the same
12 in the United States mail as registered matter, postage thereon
13 fully prepaid and addressed to the Parties as follows:
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performance of said contract and a separate surety bond in an
amount equal to fifty per cent (506) of the construction cost of
such project as security for the payment of all persons performing
labor and furnishing materials for such project, Party of the
Second Part will thereupon enter into a contract with such contract-
or or contractors identical with the terms and conditions of this
Party of the First Part Charles E. Griffith,
City Clerk,
City Hall,
Anaheim, California
Party of the Second Part- American Pipe Construction Co.,
P. 0. Box 3428 Terminal Annex,
Los Angeles, California
9. Effect of Paragraph Headings The titles or headings
of the various paragraphs hereof are intended solely for conveni-
ence of reference and are not intended to and shall not be deemed
for any purpose whatsoever to modify, explain or place any con-
struction upon any of the provisions of this Agreement.
10. This agreement shall inure to the benefit of and be bind-
ing upon the successors and assigns of the respective Parties
hereto.
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their hands
ATTEST:
ATTEST:
?NM to R QF
seals this
City Clerk of the City of Anaheim
By
vice
he aZtie hereto ham aff ix
day` of Jeoember
CITY ANAHZIM I b A,
as Oontr ttn ent for the Ott es
of Anah a erton and Orc n, e,
and the anit+ i tr1 is of Buena
lark, a de 9t r a zebra and
Plaee
1