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CC RESOLUTION 670RESOLUTION NO. 670 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 BEGINNING JULY 11 1943 AND ENDING JUNE 30, 1944s AT MIDNIGHT. WHEREAS, this Council has heretofore advertised for bids for furnishing said City with certain amounts of gasoline, oil, lubricants and liquid asphalts required for the period beginning July 1, 1943 and ending June 30, 1944, at midnight; AND, WHEREAS, at the time for opening and consider- ing all bide received, to -wit: the hour of 7 o'clock p. m. on Wednesday, the 30th day of June, A. D., 19430 this Council received but one bid therefor, to -wit: the bid of Richfield 011 Corporation, and did publicly open, examine and declare the same in open public session; NOW, THEREFORE, the City Council of the City of E1 Segundo, California, does resolve, declare and determine as follows, to -wit: SECTION 1. That the above mentioned bid of said Richfield 011 Corporation, so submitted, is in words and figures substantially as follows, to -wit: "To the Honorable Mayor and June 29, 1943. City Council of the City of E1 Segundo, California. Dear Sirs:.. "In answer to your request for bid for furnish- ing 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, 1944. "The prices for the asphalt products delivered hereunder shall be Seller's posted prices, f.o.b. Watson, California, at the time delivery is made. 1- "Any tax now levied or which may hereafter be ipLposed by any Governmental authority upon the production, manufacture, storage, transportation, 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 reason- able 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, explosions, perils of the sea, floods, earthquakes, embargoes, labor disturbances, strikes, lockouts, riots, insurrections, war between any nations, hostilities between any nations whether engaged in a 'declared' war or otherwise, blockades, seizures, inter- ference by the acts of foreign nations or the officials or soldiers thereof whether authorized by said foreign nations or not, deviation by carters 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, commandeer- ing or requisitioning by or voluntary surrender to civil or military authorities of ships, barges, tank cars, automotive equipment or other transportation facilities, abnormal increase in the cost of transportation, shortage of products deliverable hereunder due to the shortage of supplies of 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 red "ce 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 of 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 deliveries of the same or similar quantities to other Buyers or con- signees or to its own bulk storage and distributing plants, agents and distributors for sale and delivery to the General public, shall not be a breach by Seller of this agreement. "Your acceptance of this offer, within thirty days from date hereof, will constitute an agreement on the part of both parties. Yours very truly RICHFIELD OIL CORPORATION By John A. Keane For General Sales Manager " "P R 0 P A S A L —FOFt "THE BURNISHING 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 ;egundo, California. 2- "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 here- under and the 30th day of June, 1944, at midnight, the following petroleum products at the prices stated in the schedule below and all in accordance 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. For Tank Wagon Delivery - 40 Gal.Min. APPROX. 15,000 Gallons HI- OCTANE Gasoline for the Sum of $0.115 per Gallon - - - TOTAL FIGURES "ITEM 2. For Bulk (5 Gal. Min) or 50 -55 Gal. Returnable Drums. 150 Gallons RICHLUBE MOTOR OIL - -20 Lubricating 011 S.A.E. 20 for the sum of 10.42 per Gallon - - - - - 63�.OQ TOTAL FIGURES "ITEM 3. For Bulk (5 Gal.Min.) or 50-55 Gal. Ret.Drums. 11270 Gallons RICHLUBE MOTOR OIL -30 Lubricating Gilt,t S.A.E. 30 for the sum of io.42 per Gallon - - - - - 113.40 TOTAL FIGURES "ITEM 4. For Bulk (5 Gal.Min.) or 50-55 Gal. Ret. Drums. 11300 Gallons RICHLUBE MOTOR OIL-40 Lubricating Oil �t S.A.E. 40 for the sum of 60.42 per Gallon - - - - - 126. TOTAL FIGURES "ITEM 5. For Bulk (5 Gal.Min.) or 50-55 Gal. Ret.Drums. "25 Gallons RICHLUBE MOTOR OIL-50 Lubricating Oil S.A.E. 50, for the sum of 0.42 per Gallon - - - - - 10 TOTAL FIGURES "ITEM 6. For delivery in Bulk (5 Gal.Min.) or 50-55 Gal. Ret. Drums 11400 Pounds RICHFIELD GEAR OIL SAE 90-140 -250 Gear Lubricants for the sum of $0.095 per pound - - - - - 38 TOTAL FIGURES "ITEM 7. For delivery in 35# containers "70 Pounds RICHFIELD UNIVERSAL GREASE: Universal Joint Grease for the sum of 50.1425 per pound - - - - - - 9.98 TOTAL F G 3- "Item . For delivery in 100# Ret. container "100 Pounds RICHFIELD CHASSIS LUBRICANT GREASE: Chassis Grease for the sum of $0.1125 per pound - - - - - 1111�2�5 TOTAL FIW218 "ITEM 9. For delivery in 35# container "35 Pounds RICHFIELD UNIVERSAL GREASE HEAVY GREASE: Wheel Bearing for the sum of $0.1425 per pound - - - - - 3 4.98 TOTAL FIGURES "ITEM 10. For delivery in 35# containers 1170 Pounds RICHFIELD CUP GREASE #3 Grease: Cup Grease for the sum of $0.10 per pound - - - - - - - - 7. TOTAL GUR "ITEM 11. For delivery in 35# container "35 Pounds RICHFIELD PINION GREASE MED. GREASE: Pinion Grease for the sum of $0.0825 per pound - - - - - 2.89 TOTAL FIGURES "ITEM 12. For tank wagon delivery - 40 gal.min. 07,500 Gallons RICHFIELD DIESEL FUEL (Pao -Spec. 200) Fuel 011 for the sum of Posted Price at time of delivers SEE RIDER ATTACHED "ITEM 13. For Tank Wagon delivery. 11300 Gallons RICHFIELD KEROSENE for the sum of 10.10 per Gallon - - - - - 30.00 TOTAL FIGURES "ITEM 14. An unde:-termined quantity of Liquid Asphalts, Road Oils, and Paving Asphalts for the sum of SEE PROPOSAL ATTACHED "NOTE: For bid under Item 14 Bidder may state that prices shall be the prevailing market prices at time of delivery. "AND AS REQUIRED in said 'Notice to bidders', inoloses 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 Includes current State Motor Vehicle Fuel Tax only. BIDDER RICHFIELD OIL CORPORATION By E. C. Winder E. C. finder For General Sales Manager 555 South Flower Street Date: June 30, 1943. Los Angeles 13, California SEE RIDER ATTACHED " "RIDER "GASOLINE: 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 de- liveries specified - subject to further tax provisions herein. "LUBRICATING OILS & GREASES AND KEROSENE: Uni t P Sea will be for product E1 Segundo, cable tax; specified - rites shown do not billed at Seller's named delivered as California at time not to exceed Unit subject to further "DIESEL FUEL OIL: include any tax. Deliver - Posted Ex -all -tax Price specified in effect at of delivery, plus appli- Prices shown for deliveries tax provisions herein. Deliveries will be billed at Seller's Posted Price at time and place of delivery, plus applicable taxes. "GENERAL: The amount of any State, Sales, Privilege, Use or Compensating Tax applicable to any sales made hereunder shall be added to Invoice Prices and paid by Buyer. The amount of any other tax or charge now levied by any governmental authority or which may hereafter become payable by Seller and the amount of any new, increased or additional tax payable by Seller on the manufacture, transportation or sale of commodities covered herein by reason of a sale hereunder, and which is not included in Unit Prices shown, shall be included in Invoice Prices and paid by Buyer, unless Seller be furnished with accept- able Tax Exemption Certificates in all cases wherein Buyer is exempt from payment of any of the taxes hereby referred to. The repeal or reduction of any tax included In Unit Prices shown shall lower in like amount Invoice Prices otherwise payable by Buyer hereunder. As applies to Diesel Fuel 011 and Kerosene only: 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 hot water supply. Barrels, drums, and returnable containers in which products 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, drum or returnable container is returned in good order and condition, de- posit will be returned to Buyer. 5- Seller agrees to fill all orders with reasonable promptness; provided, however, that failure of or delay in making deliveries shall be excused to the extent caused by acts of God, the elements, explosions, acts of any public administrators, strikes, lockouts, riots, insurrections, acts of violence, declared or undeclared 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 deliver. lea to others shall not be a breach hereof by Seller. This offer is subject to written acceptance not later than July 30, 1943. RICHFIELD OIL CORPORATION By E. C. Winder E. C. Winder For General Sales Manager " SECTION 2. That the said bid of said Richfield 011 Corporation, hereinabove quoted, is hereby accepted by and on behalf of the City of E1 Segundo, and the contract period is hereby fixed and determined as being the fiscal year beginning July 1, 1943 and ending June 30, 1944, both dates inclusive. The quantities referred to in the foregoing bid hereby accepted are estimates only and said particular quantities are not to be considered as contractual quantities. The original bid above referred to and quoted is hereby ordered placed on file in the office of the City Clerk for the purposes of identification and reference and for any further particulars with reference thereto. SECTION 3. That said Richfield 011 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. C--45 SECTION 4. That all of the City's requirements for the petroleum products above listed, will be purchased during said period beginning July 1, 1943 and ending June 300 1944, at midnight, from the said contractor, 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 July 1, 1943 and the 30th day of June, 1944, at midnight. SECTION 5. 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'a 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 E1 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 6. 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 El 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. 7— Passed, approved and adopted this 30th day of June, A. D., 1943. mayor O t C ty f El Segundo, California. ATT T: City T;lerk (SEAL) 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. 670, 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 30th day of June, A. D., 1943, and that the same was so passed and adopted by the following vote: AYES: Councilmen Hesser, Peterson, Selby and Mayor Love; NOES: Councilmen None; ABSENT: Councilman (SEAL) M.