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1951-18921 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 -2- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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 —3— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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: -4- 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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