Loading...
CC RESOLUTION 942RESOLUTION NO. 942 _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, AWARDING TO UNION OIL COMPANt OF CALIFORNIA THE CONTRACT FOR FURNISHING SAID CITY WITH CERTAIN OF ITS PETROLEUM PRODUCTS REQUIRE- MENTS FOR THE PERIOD BEGINNING JULY 1, 1948 AND ENDING JUNE 30, 19490 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, 1948 and ending June 30, 1949, at midnight; AND, WHEREAS, at the time for opening and consider- ing all of said bids, to wit: the hour of 7:15 o'clock p, m. on Wednesday, the 23rd day of June, 1948, this Council did publicly open, examine and declare the same in open, public session AND, WHEREAS, after duly considering all of said bids,said Council has reached its decision with reference thereto; 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 bid of UNION OIL COMPANY OF CALIFORNIA, dated June 15, 1948, (with attached rider) so submitted, which said Council determines to be substantially as follows, to wit: 1- 15 S 5� "PROP 0 S A L FOR FURNISHING GASOLINE, OIL, LUBRICANTS AND LIZUID ASPHALTS TO THE CITY OF EL SEGUNDO, CALIFORNIA. To the Honorable City Council City of E1 Segundo, California Gentlemen: The undersigned hereby proposes to furnish to the C ity of E1 Segundo, California, in said City, during the period July 1, 1948 to and inclusive of June 30, 1949, 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.-I, heretofore approved and adopted by the City Council of said City by Resolution No. 621, and on file in the office of the City Clerk of said City, as follows, to wit: S C H E D U L E ITEM 1. 25,000 Gallons 1176" Gasoline for the sum of $.169 * per Gal. Tank Truck Delivery ITEM 2. 250 Gallons UNACAL TRUCK -BUS Lubricating Oil, 6.A.E.20, w for the sum of 4.5085 per Gallon - Returnable Iron Barrel Delivery I, Tom. 250 Gallons UNACAL TRUCKBU5 Lubricating Oil, S.A.E.309 for the sum of 0.5085 per Gallon - Returnable Iron Barrel delivery ITEM 4. 100 Gallons UNACAL TRUCK-BUS Lubricating 011, S.A.E.40, for the sum of $.5085 per Gallon - Returnable Iron Barrel Delivery Item 5. 25 Gallons UNACAL TRUCK BUS Lubricating 011, S.A.E. 50, for the sum of .5085 per Gallon - Returnable Iron Barrel Delivery Item 6. 400 Pounds (T) Red Line A.k. Gear Lubricant 90 Gear Lubricants 90, for the sum of • $.1035 per Pound Returnable Iron Barrel Delivery 2- 0 l "Quotation is subject to acceptance within thirty days of June 23, 1948 and to the following clauses: gasoline We quote our Posted Tank Wagon price, exclusive of Federal Excise Tax, time and place of each delivery, less $_01 per gallon, resultant price this date being as shown on bid attached. The price quoted applies to deliveries of forty gallons or more; when single deliveries of less than forty gallons are made, retail service station prices will apply. The price quoted includes the California State Road Tax of $.03 per gallon, excludes the Federal Excise Tax, and applies when purchased for Buyer's exclusive use. Kerosene We quote our Posted Tank Wagon delivery, less $.O1 per gallon, being as shown on bid attached. LUhrieating 011 and Grease price, time and place of each resultant price this date We quote our Posted List Prices time and place of each de- livery, less 10%. Today's List Prices, less 10%, for the respective products and packages as quoted are shown on the quotation attached. Lubricating 011 prices (and grease prices marked 'T'), are exclusive of Federal Excise Tax, and apply when purchased for Buyer's exclusive use. Returnable Iron Barrels are loaned free for a period of ninety days, after which there will be a charge of X4.00 each. General Prices shown do not include the California Retail Sales Tax. This tax will be added to the prices shown on those products which are subject to the tax. The amount of any tax, excise or charge, now or hereafter im- posed on Seller by any Governmental authority upon, incident to, or as a result of the manufacture, storage, withdrawal from storage, transportation, distribution, sale or handling of the said products delivered hereunder, or measured by the proceeds of such distribution or sale, shall, unless it is specified herein that such tax is included within the prices stated, be added thereto and be paid on demand by Buyer to Seller. UNION OIL COMrANY OF CALIFORNIA J. W. Mill Manager Southwest Territory CBF:mat " ('there was attached to said bid the following rider) 4.. 1 11 "Liabilities: The obligations of the parties hereunder shall be suspended and excused: (1) if Union is prevented from or delayed in producing, manufacturing, transporting or delivering in its normal manner any product or products hereunder or the materials from which such product or products are manufactured or if its costs of performance are abnormally increased; or (2) if Buyer is prevented from or delayed in taking de- liveries hereunder; because of acts of God, earthquake, fire, flood or the elements, malicious mischief, insurrection, riots, strikes, lockouts, boy- cotts, picketing, labor, disturbances, war (declared or undeclared;; compliance with any directive, order or regulation of any govern- mental authority or representative thereof acting under claim or color of authority; lose or shortage of products deliverable hereunder or of any part of Union's own or customary transport- ation or delivery facilities, or for any reason beyond Union's or Buyer's reasonable control, whether or not similar to the foregoing. t'henever such causes in Union's judgment require the restriction of deliveries, Union reserves the right in its dis- cretion to restrict deliveries, without liability, whether or not delivering to others." - be, and the same is hereby accepted at the prices set forth in said bid, which 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 SECTION 2. rnat the said bid of said- Union Oil Company of California, hereinabove quoted and referred to, 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, 1948 and ending June 30, 1949, both dates inclusive. The quantities referred to in the foregoing bid hereby accepted are estimates only and said particular quan- tities are not to be considered as contractual quantities. The original bid above referred to is hereby ordered placed on file in the office of tae City Clerk for the purposes of identification and reference and for any further particulars with reference thereto. 5- SECTION 3. Thati all of the City's requirements for the petroleum products above listed, will be purchased during said period beginning July 1, 1948, and ending June 30, 1949, at midnight, from the said contractor, at the unit prices indicated in its said bid therefor, whatever the amounts re- quired may be. The amounts required will be indicated by requisitions of the various deoartments of said City from time to time during the said period between July 1, 1948 and the 30th day of June, 1949, at midnight. SECTION 4. The Contractor agrees that, pursuant to the provisions of Article I of Chapter 4 of Division 5 of Title 1 of the Government Code of the State of California, as amended to date, only unmanufactured materials produced in the United States, and only manufactured materials manufactured in the United States substantially all from materials produced in the United States, shall be used in the performance of this contract. Any person who fails to comply with such provision shall be subject to the penalties and procedures set forth, indicated and referred to in said Article I. SECTION 5. That said Union 011 Company of California, 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 bids received for said petroleum products, with the exception of the said bid of said Union 011 Company of California, be and the same are hereby rejected, and the City Clerk is hereby authorized and instructed to return the checks of all unsuccessful bidders. SECTION 7. That the City Clerk shall prepare copies of this resolution after the passage and adoption thereof, and i .,1-� d Q shall affix to such copies at the end thereof, after the Clerk's Certificate, forms for the approval of the success- ful bidder and on the part of the said City, and such copies of this resolution, so approved and accepted by the success- ful 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 B. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the original of the some to be entered in the book of resolu- tions 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 23rd day of June, A. D,, 1946. f Mayor of the City of E1 ndo, California.. . .mI—, 7. STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) $S. 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. 942, 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 23rd day of June, A. D., 1948, and that the same was so passed and adopted by the following vote: AYES: Councilmen Peterson, Swanson, Thompson and Mayor Selby; NO93: Councilmen None; ABSENT: Councilman Baker. (SEAL) 95