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CC RESOLUTION 102RESOLUT ION 110. 102 , A RESGLUTION OF THEW BOARD OF TRUSTR�,S OF THE CITY OF EL SEGUNDO, CALIFORNIA+, AWARD- ING ON CERTAIN CONNDITIONS, TO R. A. WATTSON, A CERTAIN CONTRACT FOR THE CONSTRUCTION OF CERTAIN SANITARY SEWFRS AM APPURTENANCES IN AND FOR THE CITY OF EL SEGUNDO, CALIFORNIA, IN ACCOPDANCE VZTH PLANS AND SPECIFICATIONS PREPARED THEREFOR BY THE ENGINEERS FOR SAID CITY; REJECTING ALL OTHER BIDS AND PROPOSALS SUBMITTED FOR SAID CIMK OR IMPROVEMENT AND DIRECTING THE CITY CLERK TO RETURN THE CHECKS OF ALL UNSUCCESSFUL BIDDERS. WHEREAS, the Board of Trustees of the City of E1 Segundo, California, has heretofore advertised for the con- struction and completion of a certain sanitary trunk line sewer system and appurtenances thereto, in and for said City; AND, pVHEREAS, the time for opening aid considering all of said bids has heretofore arrived, and said Board has heretofore, at the time specified in the advertisement there- for, opened, examined and publicly declared all bids re- oeived; AND, WHEREAS, all of said bids so received were regularly taken under advisement until this time; AND, VINERERS, after such consideration said Board has reached a decision in the said matter; NOW, THEREFORE, BE IT RESOLVED, that all bids re- ceived for constructing and completing that certain sanitary sewer system and appurtenances thereto, in and for said City of E1 Segundo, California, hereinafter referred to, be aid the same are hereby rejected, with the exception of the bid of R. A. V(attson, and that the contract for the construction 1- s and completion of said sanitary trunk line sewer system and appurtenances thereto, be and the same is hereby awarded to said R. A. wattson, of 1026 McCadden Place, Los Angeles, California, under his bid dated the 14th day of _A.1 10u,t , 1925, and now on file in the office of the City Clerk of said City, to which said bid so on file as aforesaid reference is hereby expressly made, and the said bid is by this reference hereby incorporated herein and made a part hereof; provided however, that in view of the fact that the moneys with which to construct such sanitary sewer system and appurtenances must come from bond moneys not as yet received, and upon which said City is dependent, that the contract hereby awarded must contain as an insert therein, and as a part thereof, the following language: "In consideration of the fact that the money from the sewer bonds recently awarded by the City of E1 Segundo, California, to Anglo London Paris Company, and Hunter, Dulin & Company, is not yet actually in the treas- ury of the City of E1 Segundo, and the said city has no other funds upon which it may rely in executing this con- tract, and is dependent therefore upon the said proceeds in order to carry out this contract, and as a result it becomes necessary to fix a date upon which this contract may hereafter become effective, and which for convenience is hereafter referred to as the *effective date'; now, therefore, said parties hereto do hereby further expressly and actually covenant and agree in consideration of the award made herein and the prices bid, that unless said bond money is so actually received by said City within a period of six months from date hereof, that this contract shall not be binding upon the said City; provided, however, that in the event such money be not so received within a period 2- of forty -five days from date hereof, that then and in that event said Contractor shall thereafter have the option for a period of ten days after notice of the receipt by said City of such money has been mailed to him, as hereinafter provided, as to whether or not he shall thereafter proceed with the same at the prices bid by him. Such ten -day option, after notice as aforesaid, shall exist only after said period of forty -five days shall have elapsed, and shall expire and be void and of no further force or virtue six months from the date of this contract. Within five days after receipt of such actual proceeds by said City of El Segundo, and if same be received within said period of six months from date hereof, said City is to notify said Con- tractor by either serving him personally with a written notice to that effect, or by mailing same to him at the following address, to -wit, 1026 McCadden Place, Los Angeles, California, postage prepaid, and said Contractor must actually commence the work within five days from the *effective date* of this contract as hereinafter defined, and diligently pro- secute the same to completion thereafter, or he shall have no further rights in or under this contract. The effective date, therefore, of this contract, it is mutually agreed, under the circumstances above referred to, shall be that certain date upon which said city shall have actually served upon, or mailed to, said Contractor the written notice here - inabove contemplated to the effect that said city has received such bond moneys, in the event same are received within said period of forty -five days from date hereof; and in the event the same are not so received within said period of forty -five days, then the *effective date' of this contract shall be the day upon which said Contractor, within the term of his ten -day option, after notice, shall elect to proceed with such work hereunder. Notice of the exercise of said option must be ,iven within said period of ten days above K2 limited, must be in writing, and must be either delivered personally to, or mailed to the City Clerk of the City of E1 Segundo, California, at his address in the City Hall of the City of E1 Segundo, 'California, and if mailed, same must be mailed with the postage prepaid. If not so exer- cised as above required, the same shall lapse and be and remain void and of no further effect, and the Contractor's rights hereunder shall cease and end." AND BE IT FURTHER RESOLVED, that the City Attorney shall prepare the form of contract to be executed pursuant to this award and shall submit the same for signatures as soon as possible; AND BE IT FURTH ?R RESOLVED, that when the said contract shall have been approved as to four by said City Attorney, and as to provisions by the President of the Board of Trustees of said ''City, that the said President, on behalf of said City of E1 Segundo, be, and he is hereby authorized and instructed to sign and deliver said contract on behalf of said City, and the City Clerk of said City is hereby authorized and instructed to affix the corporate seal of the City thereto; AND BE IT FURTH %R RESOLVED, that the City Clerk shall certify to the passage and adoption of this resolution; shall cause the sameto be entered in the Book of Resolutions of the City of E1 Segundo, California, and shall make a minute of the passage and adoption thereof, in the records of the meeting at which the same is passed and adopted. Passed, approved and adopted this 18th day of August , A. ^., 1925. President of the Board of Trustees ATTEST: /� � � � % o£, the City of El Segundo, California. y ulerx. 4- STATE OF CALI ^ORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF FL SEGUNDO ) I, Victor D. McCarthy, City Clerk of the City of E1 Segundo, California, do hereby certify that the whole number of members of the Board of Trustees of the said City is five; that the foregoing resolution, being Resolution No. 102 , was passed and adopted by the said Board of Trustees, approved and signed by the President of said Board, and attested by the Oity Clerk of said City, all at a regular meeting of the said Board held on the 18th day of August , 1925, and that the same was so passed and adopted by the following vote- AYES -. TRUSTEES Anderson, Cannon, Gerow, Love and Binder. ; NOES: TRUSTEES none. ABSENT: TRUSTEES None. V (SEAL) California. l r