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CC RESOLUTION 639RESOLUTION NO. 639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AWARDING TO ORO GRANDE LIME & STONE CORPORATION THE CONTRACT FOR FURNISHING SAID CITY WITH CERTAIN HYDRATED LIME. WHEREAS, the City Council of the City of El 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, towit, the hour of 7 :15 o'clock p. m. on Wednesday, the 30th day of December, 1942, 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 Wednesday, the 6th day of January, 1943, at a 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, conditioned upon the elimination of the words "transportation costs or" in the following clause contained therein, to -wit: "Any change in transportation costs or applicable taxes shall be for account of purchaser. ", the bid of ORO GRANDE LIME & STONE CORPORATION, of Los Angeles, California, dated December 30, 1942, which said Council determines to be as follows, to -wit: 1- "Dear sir: "In response to your advertisement of Dec 17th, 1942, inviting bids on hydrated lime for your use, for the calendar year of 1943, to be delivered to the water purification plant of the City of E1 Segundo, located at E1 Segundo, in loads of not less than 20 tons each; we offer the following quotation. "We propose to furnish Colton Chemical Hydrated Lime packed in 50# paper bags and manu- factured by the California Portland Cement Co., at Colton, Calif. This lime is of the same quality and fineness as that which we furnished your plant during 1941. "$10.50 net per ton f.o.b. Colton, Calif. .315 State sales tax. 2.10 transportation. X12.915 per ton, cost at Filtration Plant. "Any change in transportation costs or applicable taxes shall be for account of purchaser. "We shall be glad to serve you again. ", 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 calendar year 1943. 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 17th day of December, 1942, pursuant to which the above mentioned bid was received, and which said notice is in words and figures as follows: "NOTICE TO BIDDERS ON HYDRATED LIME. "PUBLIC NOTICE I9 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 Wednesday, the 30th day of December, 1942, for furnishing the City of E1 Segundo with such 2- hydrated lime as said City may require during the calendar year 1943. "QUALITY: 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 reject- ion of all broken packages in the shipment. "TESTS: At least one (1,%) 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 de- sires a retest, he shall notify the city engineer within five days of receipt of the notice of com- plaint. 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 compliance 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. "The City reserves the right to call for deliv- ery 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 falls to furnish 3- the lime required within ten days after such notice, the City shall have the right to purchase its requirements in the open market and charge the contractor 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 trans- portation 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 Califor- nia, 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. "The City reserves the right to reject any and /or all bids received. "The successful bidder will be required to furnish a good and sufficient bond in the sum of not less than 25% of the total amount of the bid, conditioned upon faithful delivery of the materials bid upon at the price bid. "This notice is given by order of the City Council of said City, and is dated this 17th day of December, 1942. Victor D. McCarthy City Clerk of the City of E1 Segundo, California. " SECTION 2. That the bid of Mefford Chemical Company, the only other bid received for said Hydrated Lime, be and the same is hereby rejected, and the City Clerk is hereby authorized and instructed to return the check of said unsuccessful bidder. 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 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, stall 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 autnorized on behalf of said City to affix the approval and acceptance of said City to such contract, and said City Clerx is here. by 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 6th day of January, A. D., 1943. Mayor of the Alty of El Segun o, Ciflifornia . (SEAL) 5- N 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. 639, 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 a regular meeting of the said Council held on the 6th day of January, A. D., 1943, and that the same was passed and adopted by the following vote: AYES: Councilmen Gerow, Hesser, Peterson, Selby and Mayor Love; NOES: Councilmen None; ABSENT: Councilmen None. (SEAL)