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CC RESOLUTION 598RESOLUTION NO. 598 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AWARDING TO MEFFORD CHEMICAL COMPANY THE CONTRACT FOR FURNISHING SAID CITY WITH CERTAIN HYDRATED LIME. WHEREAS, the City Council of the City of E1 Segundo, California, has heretofore in the manner provided by law, duly and regularly advertised for bids for furnishing said City with certain hydrated lime; AND, WHEREAS, at the time for opening and con- sidering all of said bids, to -wit, the hour of 7 :15 o'clock p. m. on Tuesday, the 23rd day of December, 1941, said Council did publicly open, examine and declare all bids received; AND, WHEREAS, at said hour said Council did take all of said bids under advisement until the hour of 7:15 o'clock p. m. on Tuesday, the 30th day of December, 1941, at an adjourned regular meeting of said Council; AND, WHEREAS, said last mentioned hour has now arrived and said Council has reached its decision in the said matter; NOW, THEREFORE, the City Council of the City of E1 Segundo, California, does resolve, declare and determine as follows: SECTION 1. That the bid of MEFFORD CHEMICAL COMPANY, a Co- partnership, of Los Angeles, California, dated December 22, 1941, which said Council determines to oe as follows, to -wit: "We submit, herewith, our bid for furnishing the City of E1 Segundo with HYDRATED LIME for the period ending December 31, 1942, as follows: 1- "THE LIME to be supplied will be West End Hydrated Lime produced in California, of which the average test is as follows: "This proposal incorporates by reference all particulars of the published request for bids on Hydrated Lime by the City of El Segundo dated: To be opened up to 7 :15 p.m. December 23, 1941. ", be, and the same is hereby accepted, which said bid is now on file in the office of the City Clerk of said City, and which said bid so on file is hereby expressly referred to and by this reference incorporated herein and made a part hereof for all further particulars. The contract is for the furnishing of such hydrated lime as may be required by said City during; the period from date hereof, to the end of the calendar year 1942. The lime to be furnished hereunder shall in all respects be furnished in accordance with the requirements of the notice to bidders on hydrated lime dated the 11th day of December, 1941, pursuant to which the above mentioned bid was received, and which said notice is in words and figures as follows: 2- Calcium Hydroxide 95,% Calcium Oxide 73,% Magnesium Oxide less than 1% Mesh 98 to 99% through 325 mesh "PACKAGE: 50# Water - proofed paper bags "QUANTITY: Estimated at 300 tons for contractual period. "DELIVERY: Minimum 15 ton lots, delivery of each lot to be completed in not to exceed ten (10) days from date order is placed. "PLACE OF DELIVERY: City Water Purification Plant in City of E1 Segundo, California "PRICE: $9.50 per ton F.O.B. West End, California .285 State Sales Tax 4.21 Freight $13.995 Total "TERMS: Net 30 Days after delivery "This proposal incorporates by reference all particulars of the published request for bids on Hydrated Lime by the City of El Segundo dated: To be opened up to 7 :15 p.m. December 23, 1941. ", be, and the same is hereby accepted, which said bid is now on file in the office of the City Clerk of said City, and which said bid so on file is hereby expressly referred to and by this reference incorporated herein and made a part hereof for all further particulars. The contract is for the furnishing of such hydrated lime as may be required by said City during; the period from date hereof, to the end of the calendar year 1942. The lime to be furnished hereunder shall in all respects be furnished in accordance with the requirements of the notice to bidders on hydrated lime dated the 11th day of December, 1941, pursuant to which the above mentioned bid was received, and which said notice is in words and figures as follows: 2- "NOTICE TO BIDDERS ON HYDRATED LIME "PUBLIC NOTICE IS HEREBY GIVEN that the City Council of the City of E1 Segundo, California, will receive sealed bids up to the hour of 7:15 o'clock p. m. on Tuesday, the 23rd day of December, 1941, for furnish- ing the City of E1 Segundo with such hydrated lime as said City may require during the calendar year 1942. "aUALITY: All lime furnished hereunder shall be the best quality of hydrated lime, West End Hydrated lime or equal, and shall contain not less than 70.5 per cent and not more than 73.5 per cent water soluble oxide_ It shall not contain more than one per cent of magnesium oxide and not more than one -half of one per cent of iron aluminum oxides. "SIZE: The particle size, ninety -eight per cent (98 %) shall pass three hundred and twenty -five (325) mesh screen. "PACKAGE: The hydrated lime shall be in water proof fifty pound bags or paper sacks, and shall be free of all foreign matter and substances. Care shall be exercised in handling all packages. If more than two (2 >) per cent of the bags received are broken, it will constitute grounds for rejection of all broken packages in the shipment. "TESTS: At least one (lo) per cent of the number of bags shall be sampled. They shall be taken from various parts of the shipment, dumped, mixed, and sampled as follows: "All bags to be sampled shall be dumped, mixed, and 'quartered' to provide two one pound samples, one of which shall be used for immediate testing and the other shall be kept carefully sealed for use in a possible retest, as provided in the next paragraph- "RETESTING: Notice of dissatisfaction with a shipment based on these specifications must be in the hands of the contractor within ten days after the receipt of the shipment. If the contractor desires a retest, he shall notify the city engineer within five days of re- ceipt of the notice of complaint. The duplicate sample shall then be forwarded for a retest to some laboratory agreed upon by both parties. This retest shall be made at the expense of the contractor. The results of the retest shall be accepted as final. "ACCEPTANCE: Acceptance shall be based upon the com- pliance with all terms of these specifications. In case any shipment or part of shipment is rejected, the contractor shall remove the shipment or part thereof from the water purification plant at his own expense. "It is estimated that approximately 250 tons of such hydrated lime will be required during the contract period, but this amount is an estimate only and is not to be construed as a contractual quantity. RE "The City reserves the right to call for delivery of such lime in lots of approximately 20 tons each over the contract period, as its needs may require, and the contractor will be required to make delivery of such 20 ton lots on ten days notice of need therefor. If any contractor fails to furnish the lime required within ten days after such notice, the City shall have the right to purchase its require- ments in the open market and charge the con- tractor with any amount which it may be required to pay in such case over and above the amount of the contract price for the quantity of lime so purchased. "All bids must contemplate the delivery of the lime at the City water purification plant in said City. The bid price must include all transportation and /or other charges and /or taxes of any kind. "Bidders shall state the discount which will be allowed, if any, for cash payment within thirty days after delivery. "Pursuant to the laws of the State of California, and to resolution of the City Council of said City, notice is hereby further given that said Council, in the purchase of any supplies, goods, wares, merchandise, manufactures or produce for the use of said City, shall always, price, fitness and quality being equal, prefer such supplies, goods, wares, merchandise, manufactures or produce as have been grown, manufactured or produced in the State of California, and shall next prefer such as have been partially so manufactured, grown or produced in said State. "All bids must be sealed, marked 'Bid on Hydrated Lime', and must be either mailed or delivered so as to be in the hands of the City Clerk of said City at or before the hour hereinabove specified, at which time and in the Council Chamber in the City Hall of said City all bids received will be publicly opened, examined and declared by the City Council of said City. "This notice is given by order of the City Council of said City, and is dated this 11th day of December, 1941. Victor D. McCarthy (Signed) City Clerk of the City of El Segundo, California. " SECTION 2. That all bids received for said Hydrated Lime, with the exception of the bid of said Mefford Chemical Company, be and the same are hereby rejected, and the City Clerk is hereby authorized and instructed to return the checks of all unsuccessful bidders. 4- SECTION 3. That the City Clerk shall prepare copies of this resolution after the passage and adoption thereof, and shall affix to such copies at the end there- of, after the Clerk's Certificate, forms for the approval of the successful bidder and on the part of the said City, and such copies of this resolution, soapproved and accepted by the successful bidder and by and on behalf of said City, shall constitute the contract for furnishing said Hydrated Lime to said City, pursuant to the award hereinabove made, and the Mayor of the City of E1 Segundo is hereby author- ized on behalf of said City to affix the approval and acceptance of said City to such contract, and said City Clerk is hereby authorized and instructed to attest the same on behalf of said City, and to affix the seal of said City thereto. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original of the same to be entered in the book of re- solutions of the said City of E1 Segundo, and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted. Passed, approved and adopted this 30th day of December, A. D., 1941. Mavor of the Tity of E1 Segundo, California. (SEAL) 5- STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF EL 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 City Council of the said City is five; that the foregoing resolution, being Re- solution No. 598, was passed and adopted by the said City Council, approved and signed by the Mayor of said City and attested by the City Clerk of said City, all at an adjourned regular meeting of the said Council held on the 30th day of December, A. D., 1941, and that the same was passed and adopted by the following vote: AYES: Councilmen Gerow, Hesser, Selby and Mayor pro tem Love; NOES: Councilmen None; ABSENT: Mayor Binder. (SEAL) City Clerk of t e of E1 Segundo, California. 6-