CC RESOLUTION 625RESOLUTION N0.625
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EL SEGUNDO, CALIFORNIA, AWARDING
TO RICHFIELD OIL CORPORATION THE CONTRACT
FOR FURNISHING SAID CITY WITH ITS PETROLEUM
PRODUCTS REQUIREMENTS FOR THE PERIOD BETWEEN
THE DATE OF CONTRACT AWARDED HEREUNDER AND
THE 30TH DAY OF NNE, 1943, AT MIDNIGHT.
WHEREAS, this Council has heretofore advertised
for bids for furnishing said City with certain amounts of
gasoline, oil, lubricants and liquid asphalts for the period
between the date of contract awarded hereunder and the 30th
day of June, 1943, at midnight;
AND, WHEREAS, at the time for opening and consider-
ing all bids received, to -wit: the hour of 7 o'clock P. M.
on Wednesday, the 26th day of August, A. D., 1942, this
Council received two bids therefor and did publicly open,
examine and declare the same in open public session;
AND, WHEREAS, said Council did at said time take
both of said bids under advisement until the hour of 7:00
o'clock p. m., on Wednesday,the 2nd day of September, 1942;
AND, WHEREAS, said last mentioned hour has now
arrived and said Council has reached a decision with re-
ference thereto;
NOW, THEREFORE, the City Council of the City of
E1 Segundq,California, does resolve, declare and determine
as follows, to -wit:
SECTION 1. That the bid of RICHFIELD OIL CORPORATION,
dated August 24, 1942, pertaining to petroleum products, here-
inafter set forth, in the opinion of the said City Council,
Is the lowest and beat bid received for said commodities.
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SECTION 2. That the above mentioned bid, and
certain riders attached thereto, so submitted, are in
words and figures substantially as follows, to -wit:
"PROPOSAL FOR
THE FURNISHING OF GASOLINE, OIL, LUBRICANTS,
AND LIQUID ASPHALTS TO THE CITY OF EL SEGUNDO,
CALIFORNIA."
"To the honorable Mayor and City Council
of the City of E1 Segundo, California.
Gentlemen:
"The undersigned hereby proposes to furnish to
the City of E1 Segundo, California, in said City,
during the period between the date of contract to
be awarded hereunder and the 30th day of June, 1943,
at midnight, the following petroleum products at the
prices stated in the schedule below and all in accord-
ance with the 'Notice to Bidders', attached hereto
and further in accordance with Specifications G.O. -1,
heretofore approved and adopted by the City Council
of said City and on file in the office of the City
Engineer of said City, as follows, to -wit:
"S C H E D U L E
"ITEM N0. 1. Bulk or Tank Wagon Delivery -
40 Gallon Minimum Approx.
15,000 Gallons Hi- Octane Gasoline for the Sum of
STATE BRAND
($0.0972 ) per Gallon - - - - - - - - -TOTAL 1458.00
FIGURES FIGURES
"ITEM NO. 2. For Bulk (5 Gal. Min.) or 50-55 Gal.
Returnable Drums.
150 Gallons Richlube Motor Oil -20 Lubricating Oil
STATE BRAND
S.A.E.20 for the Sum of
00.42 ) per Gallon - - - - - - - - -TOTAL 63.00
FIGURES FIGURES
"ITEM NO. 3. For Bulk (5 Gal. Min.) or 50615 Gal.
Returnable Drums.
"270 Gallons Richlube Motor 011 -30 Lubricating Oil
STATE BRAND
S.A.E.30 for the Sum of
"(.40;42) per Gallon - - - - - - - - - - TOTAL 113,40
FIGURES FIGURES
"SEE RIDER ATTACHED
*This price applies to deliveries of gasoline for
period ending December 31, 1942. During period
commencing January 1, 1943, and ending June 30, 1943,
the prices for Gasoline delivered hereunder shall be
Seller's Posted Ex- Federal -Tax Net Commercial
Consumer Prices at time and place of delivery.
"ITEM N0. 4. For Bulk (5 Gal. Min.) or 50-55 Gal.
Returnable Drums.
11(300) Gallons Richlube Motor Oil -40 Lubricating
STATE BRAND
011 S.A.E.40 for the Sum of
($0,42) per Gallon - - - - - - - - - - - TOTAL 126.00 (Appro:
FIGURES IGURES
"ITEM NO. 5. For Bulk (5 Gal. Min.) or 50-55 Gal.
Returnable Drums.
25 Gallons Richlube Motor 011 -50 Lubricating 011
STATE BRAND
S.A.E. 50 for the Sum of
(0.42 ) per Gallon - - - - - - - - - TOTAL S 10.50(Approx',
FIGURES FIGURES
"ITEM NO. 6.
400 Pounds Richfield Gear Oil - SSE 90- 140 -250,
5 Gal. Min. Gear Lubricants for
the Sum of 00.095 ) per Pound - - - - TOTAL 8 38.00 (Appro:
FIGURES FIGURES
"ITEM N0. 7. In 35# Pails
70 Pounds Richfield Universal Grease Universal
Joint Grease for the Sum of
00.1425 ) per Pound - - - - - - - - TOTAL $8.55 Approx.,
FIGURES FIGURES
"ITEM NO. 8. In 115# Drum.
115 Pounds Richfield Chassis Lubricant Chassis
3717ATE BRAND
Grease for the Sum of
( .1125 ) per Pound - - - - - - - - - TOTAL 12.94 (Approx;
F WES FIGURES
"ITEM NO. 9. In 35# Pail.
35 Pounds Richfield Universal
Bearing Grease for
($0.1425 )per Pound - - -
FIGURES
Grease Hvy. Wheel
the Sum of
- - - - - TOTAL $4.98 (Approx.;
FIGURES
"ITEM NO. 10. In 35# Pails.
70 Pounds Richfield Cup Grease #3 Cup Grease
for the sum of
(80,10 ) per Pound - - - - - - - - - - TOTAL $7.00 (Approx;
FIGURES FIGURES
"SEE RIDER ATTACHED
"ITEM N0. 11. In 35# Pail.
35 Pounds Richfield Pinion Grease Med. Pinion
Grease for the Sum of
($0.0825 ) per Pound - - - - - - - - - - TOTAL 02.89
FIGURES FIGURES
"ITEM NO. 12.
7,500 Gallons Richfield Diesel Fuel 011 (Pac.
Spec. 00 ) Fuel 011 for the Sum of
(10.05 ) per Gallon - - - - - - - - - - -TOTAL 375.0
FIGURES FIGURES
"ITEM NO. 13.
300 Gallons Richfield Kerosene Kerosene for
the Sum of
$0.08 ) per Gallon - - - - - - - - - - TOTAL $24.00
FIGURES FIGURES
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ITEM NO'S 1 to 13 both inclusive . _ - -TOTAL $2244.26 Approx,
FIGURES
"ITEM NO. 14. (See attached proposal)
An undetermined quantity of Liquid Asphalts,
Road Oils, and Paving Asphalts for the Sum of
(I_ ) per Ton.
ONOTE: For bid under Item No. 14 Bidder may state
that prices shall be the prevailing market prices
at time of delivery.
AND as required in said "Notice to Bidders',
incloses herewith Certified Check in the amount of
One Hundred Dollars ($100.00)
AND as further required in said 'Notice to Bidders',
hereby states, that CALIFORNIA 'SALES TAX' or 'USE
TAX', or any other STATE or FEDERAL TAX IS NOT INCLUDED
in the amount bid, except Item No. 1, Gasoline, which
included current State Motor Vehicle Fuel Tax only.
BIDDER RICHFIELD OIL CORPORATION
E. C. Winder (Signed)
E. C. Winder
For General Sales Manager
555 South Flower Street
Date: August 24, 1942. Los Angeles, California
"SEE RIDER ATTACHED"
"RICHFIELD OIL CORPORATION
Richfield Building
Los Angeles, California
August 21, 1942
"To the Honorable Mayor and
City Council of the City of
E1 Segundo, California.
"Gentlemen:
"In answer to your request for bid for
furnishing the City of E1 Segundo its requirements
of asphaltic road materials, the undersigned hereby
offers to furnish said requirements during the
period ending June 30, 1943.
"The prices for the asphalt products de..
livered hereunder shall be Seller's posted prices,
f.o.b. Watson, California, at the time order is re-
ceived.
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"Any tax now levied or which may here-
after be imposed by any Governmental authority
upon the production, manufacture, storage, trans-
portation, or sale of the products delivered
hereunder or upon any vehicle, vessel or pipeline
used therein shall be added to the price of said
products and shall be paid by Buyer in addition
to said price. Buyer shall pay all sales, privilege
and compensating taxes where applicable.
"Seller agrees to fill all orders with
reasonable diligence; provided, however, that
failure of or delay in making deliveries shall be
excused to the extent caused by acts of God, acts
of public administrators, the elements, fire, ex-
plosions, perils of the sea, floods, earthquakes,
embargoes, labor disturbances, strikes, lockouts,
riots, insurrections, war between any nations,
hostilities between any nations whether engaged
In "declared' war or otherwise, blockades, seisures,
interference by the acts of foreign nations or the
officials or soldiers thereof whether authorized by
said foreign nations or not, deviation by carriers
for any cause, partial or total interruption or loss
or shortage of transportation facilities, inability
to obtain labor or personal services, commandeering
or requisitioning by or voluntary surrender to civil
or military authorities of raw materials, products,
plants and facilities, and In particular but without
limitation thereto, commandeering or requisitioning
by or voluntary surrender to civil or military
authorities of ships, barges, tank cars, automotive
equipment or other transportation facilities, abnor-
mal increase in the cost of transportation, shortage
of products deliverable hereunder due to the shortage
of supplies or refined products, crude oil, natural
gas or raw products comprising the products agreed
to be delivered hereunder or used in the manufacture
thereof, or used in or comprising the equipments by
which same is produced, manufactured, refined or
transported, or by any other causes beyond the control
of Seller whether similar to the causes herein before
specified or not. Failure of Seller to fill any order
or orders by reason of the aforesaid causes shall
reduce the obligations of Buyer hereunder to the
extent, but only to the extent, of the commodities
ordered by Buyer but not supplied by Seller, but
nothing herein contained shall act to extend the
term uf this agreement except at the option of Seller.
In the event that Seller is unable to make deliveries
to all of its customers by reason of any of the causes
set forth in this paragraph and yet is able to make
some deliveries, its failure to make deliveries in
whole or in part to Buyer, even while making deliver-
ies of the same or similar quantities to other Buyers
or consignees or to its own bulk storage and dis-
tributing plants, agents and distributors for sale
and delivery to the general public, shall not be a
breach by Seller of this agreement
"Terms: Net - tentn of month for previous
month's deliveries.
5.
"Your acceptance of this offer, within
thirty days from date hereof, will constitute an
agreement on the part of both parties.
DR1114JAZUia
"GASOLINE:
Yours very truly,
"RICHFIELD OIL CORPORATION
By - John R. Keane (Signed) It
For General Sales Manager
"GENERAL RIDER
Bulk or Tank Wagon Delivery -
40 Gallon Minimum:
"Unit price shown includes current State Motor
Vehicle Fuel Tax only.
"Deliveries will be billed at Seller's posted
ex- Federal Tax Net Commercial Consumer Price for
product named delivered as specified in effect at
time and place of delivery, not to exceed unit price
shown for deliveries during period ending December
31, 1942. During the period commencing January 1,
1943, and ending June 30, 1943, the prices for
Gasoline delivered hereunder shall be Seller's posted
ex-Federal tax. Net Commercial Consumer Price in
effect at time and place of delivery.
"Unit price shown does not include any tax.
"Deliveries will be billed at Seller's Posted
Price for product named in effect at time and place
of delivery, plus applicable tax; not to exceed unit
price shown for deliveries specified plus applicable
tax.
LUBRICATING OILS AND GREASES:
"Deliveries will be billed at Seller's Posted
Price for products named in effect at time and place
of delivery, plus applicable tax; not to exceed unit
price shown for deliveries specified plus applicable
tax.
"Prices herein quoted are exclusive of the Federal
Tax of $0.045 per gallon on Lubricating Oils and $0.005
per pound on taxable Greases, and are quoted in such
manner on condition that Buyer shall furnish Seller
0
with Tax Exemption Certificates, on the form,
and executed in the manner prescribed by law,
and on the basis of which such tax will not be
payable. In the event Buyer fails to furnish
Seller with such Certificates, and Seller is
obliged to pay said tax, Buyer shall reimburse
Seller on being billed therefor.
"GENERAL:
"In the event that at any time during the
term hereof there shall be imposed on the manufacture,
transportation or sale of petroleum products by any
governmental authority any new, increased or addi-
tional tax or taxes, the total amount of any such
new, increased or additional tax or taxes shall be
added to Prices and maximum prices and paid by Buyer.
"Barrels and drums in which oils and greases are
delivered hereunder shall at all times remain the
property of Seller. Seller's established deposit
In effect at the time of delivery will be charged
to Buyer and will be paid by Buyer at the time and
in the same manner as payment is made for products
sold hereunder. When the barrel or drum is returned
in good order and condition, deposit will be returned
to Buyer.
"This bid is subject to Recommendation No. 37
of the Office of Petroleum Coordinator for War, and any
contract entered into pursuant to the terms hereof will
be subject to the condition that it covers only such
products as will be used for purposes other than space
or central heating or for hot water supply, unless
existing law requires that you enter into contracts
for such products. To the extent that you require
these products for use for space or central heating
or for hot water supply we are willing to sell and
deliver the same, it being understood, however, that
such products are not covered by this contract. To
the extent that we sell and you purchase products
for such use during the term of this contract we will
protect you on the prices herein set forth.
"Seller agrees to fill all orders with reason-
able promptness; provided, however, that failure of
or delay in making deliveries shall be excused to
the extent caused by acts of God, the elements, ex-
plosions, acts of any public administrators, strikes,
lockouts, riots, insurrections, acts of violence, de-
clared or unde)'clared war, or by shortage of supplies,
facilities, transportation or labor due to any cause,
including but without limitation thereto confiscation
by or voluntary surrender thereof to civil or military
authorities, or by any other cause beyond the control
of Seller. Failure of Seller to make delivery to
Buyer for any of the aforesaid causes while making
deliveries to others shall not be a breach hereof by
Seller.
"This offer is subject to written acceptance not
later than September 30, 1942.
RICHFIELD OIL CORPORATION
9y E. C. Winder (Signed)_
E.C.WINDER
For General Sales Manager "
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SECTION 3. That the said bid of said Richfield
011 Corporation, for said petroleum products, together
with riders attached thereto, is hereby ordered filed in
the office of the City Clerk, and same are hereby referred
to and incorporated herein for all further particulars
respecting the same.
SECTION 4. That the bid of Shell 011 Corporation
Incorporated, the only other bid received for said petroleum
products, is hereby rejected, and the City Clerk is hereby
authorized and instructed to return the check of said
unsuccessful bidder.
SECTION 5. That said Richfield Oil Corporation,
the successful bidder for said petroleum products, hereinabove
named, in the fulfillment of the provisions of the contract
awarded hereunder, shall strictly observe and fully abide
by each and all of the laws of the State of California
relating to the same.
SECTION 6. That all of the City's requirements
for the petroleum products above listed, will be purchased
during said period between the date of this contract and
the 30th day of June, 1943, at midnight, from the said con-
tractor, at the unit prices indicated in its said bid
therefor, whatever the amounts required may be. The amounts
required will be indicated by requisitions of the various
departments of said City from time to time during the said
period between the date of this contract and the 30th day
of June, 1943, at midnight. .
SECTION 7. 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 thereof,
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, so approved and
accepted by the successful bidder and by and on behalf
of said City, shall constitute the contract for furnishing
to said City all of the petroleum products mentioned in
said bid, and which are to be furnished pursuant to the
award hereinabove made; and the Mayor of the City of
El Segundo is hereby authorized 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 8. 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 resolutions 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 was
passed and adopted.
Passed, approved and adopted this 2nd day of
September, A. D., 1942.
ST:
(SEAL)
Mayo_ oY a City of El Segundo,
California.
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
Resolution No. 625, was passed and adopted by the said
City ouncil y , approved and signed by the Mayor,,of said
City, and attested by the City Clerk of said City, all
at a regular meeting of the said Council held on the 2nd
day of September, A. D., 1942, and that the same was so
passed and adopted by the following vote:
AYES: Councilmen Gerow. Peterson_ Selby and Mayor pro
tem Hesser ;
NOES: Councilmen
ABSENT: Councilmen Love
(SEAL)
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