CC RESOLUTION 1101RESOLUTION NO. 1101.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, ADOPTING SPECIFICA-
TIONS FOR THE COLLECTION OF GARBAGE, COMBUS-
TIBLE AND NON - COMBUSTIBLE RUBBISH IN THE CITY
OF EL SEGUNDO, CALIFORNIA.
The City Council of the City of El Segundo, California,
does hereby resolve, declare and determine as follows:
SECTION 1: That the following specifications, being
and to be known as "SPECIFICATIONS FOR THE COLLECTION OF
GARBAGE, COMBUSTIBLE AND NON- COMBUSTIBLE RUBBISH IN THE CITY
OF EL SEGUNDO, CALIFORNIA ", be and the same are hereby
adopted:
GENERAL REQUIREMENTS
The work to be done under these specifications shall
include the furnishing of all labor, material and equipment
necessary for the collection of garbage, combustible and non-
combustible rubbish within the City of E1 Segundo, as the
boundaries now exist or may hereafter alter, and the dis-
posal of such refuse at some point outside of the City.
Should the contractor fail to collect and dispose of
garbage and rubbish set out or placed for collection, as
herein provided, at the time required, the City of E1 Segundo
may collect the same and dispose thereof, and the contractor
shall be liable for the expense incurred. In addition to
any other lawful means of effecting reimbursement from the
contractor, such expense may be deducted by the City from
money due or which may become due the contractor.
All truck bodies shall be covered by a clean, suit-
able,air - tight, water -proof tarpaulin, metal covers, or other
satisfactory and acceptable method, when vehicle is being
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used to transport its contents to the place of disposal.
All collections shall be made as quietly as possible, and no
unnecessarily noisy trucks or equipment shall be used. Em-
ployees of the contractor who are unnecessarily noisy or who
violate the provisions of the State Motor Vehicle Code in
the operation of the vehicles used in the collection of said
materials shall be dismissed upon the demand of the Director
of Public Works.
SUPERVISION
Performance of each of the provisions of the contract
shall be under the direction and supervision of the Director
of Public Works, and all orders and directions given by said
Director of Public Works with regard to the collection and
disposal of the garbage and rubbish shall be obeyed by the
contractor. The contractor shall faithfully and regularly
pick up, collect and remove from the City of E1 Segundo all
garbage, combustible and non - combustible rubbish in accordance
with the specifications hereinafter described. The work shall
be done in a thorough and workmanlike manner under the direc-
tion and to the satisfaction of the Director of Public Works
of said City.
"Director of Public Works" shall mean the Director
of Public Works of the City of E1 Segundo or his duly authorized
representative.
EXCLUSIVENESS OF CONTRACT AND TERM
The contractor shall have the exclusive duty, right
and privilege to collect and remove all garbage, combustible
and non - combustible rubbish within said City for a period of
one, two or three years, as determined in the bids and Reso-
lution of Award of Contract hereunder.
The contractor understands and agrees that his obli-
gations extend to all premises in the City of E1 Segundo,
including commercial, industrial and residential establish-
ments and areas. In the event of any dispute between the
contractor and City as to what is a commercial or industrial
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establishment or area, the City's determination of such
facts from time to time, through its Director of Public
Works, shall be final and conclusive.
In return for said exclusiveness of said contract,
the contractor agrees to collect and dispose of garbage,
combustible and non - combustible rubbish accumulating in said
City, without any further compensation from other individuals
living within or producing such refuse within said City, ex-
cept as herein provided.
All garbage and rubbish collected by the contractor shall
be and become his property from and after the time of collection.
The attention of all bidders under these specifica-
tions is directed to the fact that there are several large
industrial plants and installations in the City of E1 Segundo,
which may or may not desire the collection of garbage, com-
bustible and non - combustible rubbish from their respective
plants and premises, and while the contract must contemplate
that they shall have the right to require such collection,
nevertheless in those cases where such service is not desired,
the Director of Public Works shall have the right to direct
the contractor to refrain from collection service to such
particular concerns. As to any and all such establishments
or concerns, the provisions of these specifications, giving
the contractor the exclusive right to handle and dispose of
garbage and refuse, shall not apply, and the contractor may
not insist upon such collection by the contractor, nor ob-
ject to the disposal by such concerns of their garbage and
refuse otherwise than through the City collection service.
FEES AND GRATUITIES
The contractor shall not, nor shall he permit any agent,
employee or subcontractor employed by him, request, demand
or accept, either directly or indirectly, any compensation or
gratuity from any person, firm or corporation, other than the
City, for the collections made therein except as herein provided.
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GARBAGE
This contract is intended to insure the removal of
all garbage, as defined in Ordinance No. 159 or amendments
thereto, of the City of E1 Segundo, and may be further des-
cribed as all animal and vegetable refuse from kitchens
of households or restaurants, all household waste which has
been prepared for or been used for food, or shall have re-
sulted from the preparation of food or table refuse or offal,
and every accumulation of animal, vegetable and other matter
that attends the preparation, consumption, decay, dealing
in or storage of meats, fish, fowls, fruits or vegetables,
and shall include all garbage which shall have resulted from
sorting, or the commercial preparation or processing of food
products in canneries, dehydrating plants, preserving works,
pickling works, or other food manufactures.
All garbage, except dead animals, shall be deposited
for collection by property owners and tenants, in metal
containers, or other sanitary and suitable containers as
may be approved by the City Council, equipped with a bail
or with handles on both sides thereof, which containers
shall have suitable close - fitting covers and shall not con-
tain less than three (3) gallons or more than sixteen (16)
gallons in capacity. These containers are to be placed by
householder at curb or alley as hereinafter provided.
Garbage shall be collected at least twice during
each calendar week within the residential area, and shall
be collected at least once each calendar day within busi-
ness districts, except Sundays, and the following holidays:
January first, Memorial Day, July fourth, Labor Day, Thanks-
giving Day and December twenty- fifth; and on the day or
days fixed for such collection as approved and published
as hereinafter required.
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All garbage shall be collected by means of vehicles
equipped with water -tight metal tanks, and shall be covered
by a suitable air - tight, waterproof tarpaulin, metal covers,
or other satisfactory and acceptable method, so that por-
tions of, or the entire load, shall be covered as the col-
lection of garbage is performed or completed.
Bodies of trucks shall be of metal and shall be
water -tight so that no material shall leak or be spilled from
said trucks on the streets or alleys. Trucks shall be loaded
in such a manner that no material shall be spilled in streets
or alleys, and, should any be spilled, it shall be immedi-
ately cleaned up. A broom and a shovel shall be carried
on each truck at all times for this purpose. If not so
cleaned up by the contractor the City may clean up the same
and collect the cost thereof from said contractor as pro-
vided above.
All garbage- conveying tanks shall be cleaned thorough-
ly after the unloading of each load, and before the return
of such equipment to any public highway, by flushing with
water. At least once daily, both tank and running gear
shall be thoroughly cleansed, and shall be disinfected by
means of an approved disinfectant, or by the use of live
steam, as required.
All vehicles and equipment used in the collection of
garbage, if kept WITHIN THE BOUNDARIES OF said City, shall
be housed in clean, sanitary buildings at all times when
not in use in collection of garbage and refuse.
Garbage trucks shall not be parked in any residential
area in said City for more than fifteen (15) minutes, un-
less prevented from moving by mechanical difficulties.
The term "business district" shall be deemed to mean
that territory described as commercial, industrial or
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manufacturing districts in the zoning map of the City of
E1 Segundo, and also all that territory, abutting upon any
public highway or street within said City, when fifty (50)
percent or more of the frontage thereon for a distance of
three hundred (300) feet or more, is now or may hereafter
be occupied by buildings in use for business purposes; from
isolated places of business, collection shall be made pur-
suant to the order of the Director of Public Works.
The term „residence district„ shall include all that
portion of said City not included within the business or
industrial district as herein defined, including also such
residences or dwelling structures as may exist in such
districts or any area of the City of El Segundo.
COMBUSTIBLE RUBBISH
This contract is intended to insure the removal of
combustible rubbish, as defined by Ordinance No. 159, or
amendments thereof, of the City of E1 Segundo, and further
described as; "Paper, rags, discarded household bedding,
excelsior, or other packing materials, cartons, boxes and
containers of wood or fiber, sawdust, or shavings from lum-
ber yards, mills, factories or shops, lumber scraps, wood
or wooden articles, grass, trees, plants, vines and the
prunings thereof ".
Combustible rubbish shall be deposited for collection
by property owners and tenants in substantial containers
of not more than twelve (12) cubic feet capacity. The con-
tainer, together with its contents, shall not weigh over
forty (40) pounds; provided, however, that in a market or
store where there are various concessions and different
owners or lessees, each owner or lessee of a concession
shall be subject to the same privileges, provisions and re-
strictions as if he were in a separate building.
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Combustible rubbish shall be collected weekly from
residential districts and three (3) times weekly from com-
mercial and manufacturing districts, and on the same day
or days that non- combustible rubbish is collected. Com-
bustible rubbish shall not be mixed with non - combustible
rubbish. The allowable pickup from each residence or busi-
ness firm is 12 cubic feet of rubbish each collection.
NON - COMBUSTIBLE RUBBISH
This contract is intended to insure the removal of
all refuse matter as defined by Ordinance No. 159, or amend-
ments thereto, of the City of E1 Segundo, and all refuse
not included within the term "combustible rubbish" herein -
before described, and shall include among other things,
ashes weighing with container not over forty (40) pounds,
bottles, broken glass, crockery, earthenware, tin cans, tin-
ware, wire,wire netting and other articles of discarded metal
or stoneware of less than twenty (20) pounds in weight each,
automobile tires and tubes, batteries, metal kegs, barrels,
or casks, but shall not include dirt, sweepings, rocks or
stones as such, automobile bodies, fenders, water heaters,
metal furniture, or bricks, plaster, mortar or other build-
ing materials, whether combustible or non - combustible, re-
sulting from repairing or demolishing of old buildings, or
resulting from new construction.
It is understood that the word "rubbish" as used in
these specifications is not intended nor shall it be under-
stood to include such personal property as metal articles and
the like which the householder may wish to give or sell to
others than this contractor.
The intent of the householder shall be deemed to be
expressed by his act in placing any rubbish at the curb or
in the alley on the scheduled days for collection, in which
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case the contractor may consider such placement at curb
or in alley as prima facie evidence of the intent of the
householder to have the rubbish removed under this contract.
The contractor shall not be obligated to remove from
the City non - combustible rubbish which has originated out-
side the City and was brought into said City for the pur-
pose of sorting, manufacturing or other business; or to
remove any garbage mixed with either combustible or non-
combustible rubbish.
All non- combustible rubbish shall be deposited for
collection by property owners and tenants in reasonably
tight- fitting wooden boxes, barrels or metal containers,
each of which, together with the contents thereof, shall not
exceed forty (40) pounds in weight.
The contractor shall collect non - combustible rubbish
not less than once each calendar week in the residential
districts and three (3) times weekly from commercial and
manufacturing districts on the day or days fixed for such
collection as approved and published as hereinafter required.
CARE OF CONTAINERS
All containers shall be replaced where found. Con-
tainers and lids shall not be left in the street or thrown on a
neighbor's lot.
The contractor, his agents and /or employees shall not
throw garbage containers from the truck to the pavement, or
in any other way break or damage or roughly handle same.
The City reserves the right to withhold compensation under
the contract until any claim for damage or broken garbage
containers has been paid for or adjusted with the owner of
such container.
All claims for damages by reason of the misuse or
rough handling of garbage containers by the contractor shall
be presented to the contractor and a copy thereof filed with
the Director of Public Works of the City of E1 Segundo.
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CONTAINERS TO BE PLACED AT CURB OR ALLEY
Unless otherwise directed by the Director of Public
Works, all collections of garbage and rubbish shall be made
from the curb along the street in front of each dwelling,
or the alley in the rear of each dwelling, place of business
or human habitation, except where paved alleys exist in the
rear of business properties, and from such properties col-
lections shall be made from said paved alleys; provided the
alleys are of sufficient width to allow easy passage of the
trucks and proper space for placing the containers.
ENTERING PRIVATE PROPERTY
The contractor shall in no event be under any obli-
gation to enter private courts or places, or other private
property, to make collections under this contract, except
in drive -in eating places and'drive -in markets where garbage
and rubbish are kept in a paved service yard; it shall be
picked up from such service yard when deposited there for
collection by the owner.
PLACE OF DISPOSAL
Removal and disposal of such garbage, combustible and
non - combustible rubbish must be made at a place and in a
manner to be devised by the contractor, but outside of the
City of E1 Segundo, as it is now constituted or may here-
after be constituted, and not within one -half mile of the
said City limits now existing, or as hereafter constituted.
The contractor will be required to give proof that he has
adequate facilities for disposing of the garbage and refuse
for the period of the contract.
COMPENSATION INSURANCE
The contractor at all times shall keep fully insured
at his own expense, all persons employed by him in connection
with the contract, as required by the Workmens Compensation
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Insurance and Safety Laws of the State of California, and
shall hold the City free and harmless from all liability
that may arise by reason of the injuries to any employees
of the contractor who are injured while performing any
work or labor necessary to carry out the provisions of this
contract.
The contractor shall, during the life of the contract,
keep on file with the City Clerk evidence that the contractor
is fully and properly insured as required by said Laws.
LAWSUITS
The contractor shall pay any judgment which may be
obtained against the City of E1 Segundo, either alone or
jointly with said contractor, his agents or employees, for
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injury or damage to persons or property by reason of the
performance or non - performance of the terms of the contract
or in connection with the infringement of any patents, pro-
vided that if the City alone be sued for such injury or
damage, immediate notice in writing shall be given to the
contractor to appear and defend such action.
WAIVERS
No acquiescence, failure or neglect of either of the
contracting parties to insist on strict performance of any
or all of the terms hereof shall be considered or constitute
a waiver of any term or condition of the contract or any
performance required thereunder, or any remedy, damage or
other liability arising out of such refusal, neglect or
r inability to perform at any time.
ROUTES AND CHANGES
t The contractor shall prepare and file with the Director
of Public Works within five (5) days after the beginning of
service, a complete map in triplicate of the refuse dis-
posal district or districts within the City of E1 Segundo.
He shall indicate thereon in an appropriate and easily
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understandable manner and
of the Director of Public
of garbage, combustible a
made throughout the City,
respectively.
The contractor, at
to the satisfaction and approval
Works, the days on which collections
ad non - combustible rubbish shall be
in residential and commercial areas
its own expense, shall publish in
bold and legible type printing at least four (4) consecutive
times in a newspaper or newspapers of local circulation
and /or by such other means as may be determined to be neces-
sary, the districts and streets and the days of the week on
which garbage, combustible and non - combustible rubbish shall
be collected, and shall furnish to the City an adequate
supply of such schedule. Such published notice shall first
be submitted to and approved by the Director of Public Works
of the City of E1 Segundo. Similar notice shall be published
upon the making of any subsequent changes in collection
schedules.
Thereafter, before any change in his collection
schedule, made by the contractor, he shall provide said Director
of Public Works with a new map in triplicate as hereinabove
described, embodying such changes, and he shall also at his
own expense notify the residences and establishments of the
district of such new schedule ten (10) days before change
becomes effective in the manner hereinbefore described.
When any garbage or rubbish is not collected by the
contractor, he shall leave a tag at least 2 -7/$" % 5 -3/411
in size on which he has indicated the reasons for his re-
fusal to collect the garbage or rubbish, giving reference to
the City ordinance, or to the section of specifications, or
contract, which has been violated, and which gives grounds
for his refusal. This information shall be either in writing
or by means of a check system. The tag shall carry the
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contractor's business or firm name, and his telephone num-
ber, and shall be securely fastened to the container or the
article refused.
A record shall be kept by the collector of all places
where it is necessary to leave such notice. If the reason
for non - collection is not corrected within seven (7) days
from the date of giving such notice, the contractor shall
advise the Director of Public Works, giving date of notice,
street address and reason for non - collection.
Any notice herein required for the information of the
public shall give the contractor's name, address and tele-
phone number, in order that inquiries concerning times of
collection, etc., may be made to the office of the contractor.
OFFICE FOR INQUIRIES AND COMPLAINTS
The contractor shall maintain an office at some fixed
place and shall maintain a telephone thereat, listed in the
telephone directory in his own name or in the firm name by
which he is most commonly known, and shall at all times during
the hours between $:00 A. M. and 12 :00 noon, and 1:00 P. M.
to 5:00 P. M. of each day upon which collections are made
under the contract, have some person at said office by whom
complaints may be received from property owners, tenants or
recipients of the refuse disposal service rendered within
said City, or from the Director of Public Works. The tele-
phone for said contractor shall be on an exchange satisfactory
to the Director of Public Works.
REPORTS
The contractor shall, in person or by his agent, visit
the office of the Director of Public Works at such times as
said Director shall from time to time designate, for the pur-
pose of receiving such orders, directions and complaints in
regard to the performance of this contract, as the Director of
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Public Works shall have to give to said contractor. The
contractor shall report back to the Director of Public Works
within 24 hours regarding complaints.
A report shall be made to the Director of Public
Works, giving the number of tons of garbage, the number of
loads of garbage, combustible and non - combustible rubbish,
or volumes or weights, and any similar information or other
data in connection with the collection and disposal service,
when requested by the Director of Public Works.
ORDINANCES. PERMITS AND LICENSES
The contractor shall at all times comply with exist-
ing ordinances of the City of E1 Segundo and such other
ordinances as the City Council of said City may enact re-
lating to the collection, transportation, and disposition
of garbage and rubbish, and shall conform to Federal, State
and local laws now in effect or hereafter enacted, and shall
obtain and maintain at his own cost and expense, all neces-
sary licenses and permits.
The contractor must conform to and abide by all rules
and regulations and ordinances of the cities and counties
through which garbage and rubbish may be hauled, governing
the picking up, hauling and disposing of garbage and rubbish.
SURETY BONDS
The contractor shall execute and file with the City
of E1 Segundo a surety bond executed by the contractor as
principal and by a corporate surety authorized to do business
in the State of California as surety, to guarantee the faith-
ful performance of the contract for the entire period covered
by the term of the contract, in the sum of $10,000.00, or
a sum five (5) times the monthly compensation under the con-
tract, whichever is the greater; and a second bond to se-
cure laborers and materialmen in double the amount of the
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faithful performance bond, said bonds to be subject to the
approval of the City Attorney as to form and of the Mayor
as to surety. Such bonds shall be made payable to the City
of El Segundo.
DEFAULTS
The breach of any of the terms and conditions of the
contract on the part of the contractor shall be grounds for
the cancellation of the agreement, and the City, upon such
termination, shall be at liberty to re -let the work to
other parties or to undertake directly the performance of
said work without contract, and in either case may hold the
contractor and his surety for any excess cost in performing
such work over the cost to the City if the initial contractor
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had continued to perform in the manner anticipated at the
time contract was let. Termination of the contract as here-
in provided shall not terminate, suspend, or affect the
liability of the surety upon the bond.
Failure to comply with the terms of these specifica-
tions relative to the collection of garbage and rubbish on
? the part of the contractor by reason of major disaster,
epidemic or other great emergency within the City or by
reason of the enforcement of Federal, State or local laws not
now in effect, within the City of E1 Segundo, shall not con-
' stitute a breach of the contract; provided, however, that
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in no event shall difficulty or inconvenience of the con-
tractor in the disposal of garbage and rubbish outside
of the City be construed as beyond the ability of the contractor.
HOURS OF LABOR AND MINIMUM WAGES
In the performance of this contract, eight hours per
daj shall be the maximum hours of labor in any calendar day.
The contractor shall furnish a schedule of classifi-
cation and minimum prevailing rates of wages applicable to
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the classes of work to be performed, together with a
schedule of rates the contractor proposes to pay said classi-
fication of employee in the performance of his contract
with the City of El Segundo.
ALIEN LABOR PROHIBITED
The contractor shall not knowingly employ in the per-
formance of the work under said contract, any alien except
in cases of extraordinary emergency caused by fire, flood
or danger to life or property, and said contractor shall
agree to forfeit to the City of E1 Segundo the sum of Ten
Dollars ($10.00) for each alien employed by him in the exe-
cution of said contract for each and every calendar day, or
portion thereof, during which such alien is knowingly employed,
or caused or allowed to be employed.
The contractor shall also be bound by and comply with
all the provisions of Sections 1850 to 1851, inclusive, of
the Labor Code of the State of California.
The contractor shall be required tD clear all his work-
men with the State Department of Employment or such other
agency as may be designated by the City Council before such
workmen commence work.
INITIAL BID
The bidder shall specify in his bid a flat monthly
(rate of) compensation for which he agrees to perform the
collection and disposal service herein described and speci-
fied during the calendar months beginning November 1, 1950
and ending June 30, 1951 , based upon a one, two or
three year term of contract, as determined by the bid and
Resolution of Award.
BASIS OF COMPENSATION
It is the intention that the bids for the collection
of garbage and rubbish shall be based upon the present area
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and population of the City, and that the initial monthly
compensation to be paid the contractor shall be increased
in proportion to the number of inhabitants or to enlarge-
ment of boundaries of the City.
F
It is also understood that the initial monthly com-
pensation shall be decreased if the number of inhabitants
served decreases whether such decrease is due to decrease of
population or to diminution of the size of the City.
It is understood that increase or decrease in number
of water meters within the City shall be deemed to accurately
reflect the increase or decrease in inhabitants served, and
periodic adjustments shall be made to reflect such fluctua-
tion in population, as hereinafter described.
The initial monthly compensation paid the contractor,
which is the amount of his bid for the months of November, 1950
to June, 1951 both inclusive, shall not fluc-
tuate, and such initial compensation shall be the basic rate
of monthly compensation upon which all subsequent semi-
annual adjustments of compensation shall be computed.
COUNT OF METERS
Upon July 10 1951, or within twenty (20) days there-
after, a count shall be made by the Director of Public Works
of all active connected water meters, as hereinafter defined,
installed in said City, as of that date, as shown by the
records of the Water Department of the City of El Segundo.
He shall also make a similar count of the number of active
connected water meters that were installed in the said City
upon the beginning date of the contract, viz., as of
November 1, 1950 , which latter count shall be the
basic meter count upon which all subsequent semi - annual ad-
justments of compensation shall be computed. In the event
more than one residential, business or other unit is served
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through any single meter, the number of meters for such
place or establishment for the purposes of the count herein
referred to shall be considered and reported as equal to the
number of units served through such meters.
METHOD OF COMPUTING RATE PER METER
The meter counts hereinabove described shall be re-
ported by the Director of Public Works to the City Clerk,
who shall compute the rate per meter in the following manner,
viz., the initial monthly compensation shall be divided by
the basic meter count, thus establishing a monthly rate or
cost per meter. This rate per meter shall prevail throughout
the life of this contract. Computation herein described
shall be carried to the fourth decimal place.
METHOD OF COMPUTING RATE PER MONTH
As affecting subsequent payments, the City Clerk shall
then multiply the current adjusted count of meters, viz., the
count as of July 1, 1951, by the monthly rate per meter as
established in the preceding paragraph, thus establishing a
new monthly rate of compensation for collection service, which
monthly compensation shall be paid the contractor during the
ensuing six months' period.
Thereafter, during the life of this contract, a
similar count subject to adjustment as in the case of the
basic meter count shall be made of all active connected
water meters installed in said City as of the first day of
each July and January and within twenty (20) days thereafter.
This count shall be reported to the City Clerk, who
shall thereupon adjust said count of meters by subtracting
therefrom the number, if any, of refuse disposal services
officially exempted from refuse collection and disposal
charges. Such count so adjusted shall be used by the City
Clerk to compute the (monthly) compensation to be paid the
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contractor during the ensuing six months' collection period,
in the manner hereinabove described.
Count shall be made by the Director of Public Works
only of active connected residential, business and industrial
water meters in operation in the City and in no event shall
more than one meter be counted with respect to each resi-
dential occupancy or business. Churches, lodges and the
like shall be included in said count, but shall be itemized
separately from residential, industrial and commercial meter
service.
PROTEST
The City Clerk immediately upon receipt of count of
meters in each instance, as hereinabove provided, shall
notify the contractor of said count.
Within thirty (30) days of such notification the con-
tractor may protest said count or newly established monthly
compensation based thereon, in writing, setting forth the
reasons for his objection.
Should such protest be filed, the contractor and the
City Council shall each select an arbitrator, and the two
persons so selected shall choose a third arbitrator. These
three persons shall constitute a board of arbitration, and
they shall settle the dispute as to such count or monthly
compensation within fifteen (15) days of the date of their
appointment, and shall make written report to the contractor
and the City Council setting forth their decision as to what
shall be deemed an equitable count or monthly compensation
under the circumstances. The contractor and the City shall
be bound by the decision of the said Board of Arbitration
and shall be thereafter barred from protesting said count
or any payment made pursuant to recommendation of said Board
of Arbitration.
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In the event the contractor protests the count or
(monthly) compensation as herein described, any payments
for services based on said count shall be withheld until
the final determination and report by said Board of Arbitration.
In the event no protest is filed as herein provided,
then the count and (monthly) compensation established by
the City Clerk shall be final and binding upon both the City
and the contractor.
TIME OF PAYMENT
Except as otherwise provided in these specifications,
monthly payments shall be made by the City to the contractor
as far as possible between the first and twentieth days of
each calendar month for services rendered during the pre-
ceding calendar month.
SUBCONTRACTORS
The contract shall not be assigned or transferred
without the consent of the City Council by resolution first
had and obtained, nor shall any subcontractor be recognized
or dealt with by the City Council or any of the persons
chargeable with the enforcement of the contract, and the
contractor shall at all times be personally responsible for
the performance of its conditions.
BOND TO ACCOMPANY BID
Each bid must be accompanied by a certified or cashierts
check, or bidder's bond, or a cash deposit, made payable to
the City of E1 Segundo in the amount of $5,000.00. The
check, bond or deposit of the successful bidder will be for-
feited to said City in the event such bidder fails or re-
fuses for a period of ten (10) days after written notice of
award of contract to enter into the required contract pursuant
to the award.
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BID REJECTION
The right is reserved to reject any bid or proposal
not suitable in the judgment of the City Council to the
best interest of the City, or to reject any and all bids.
AFFIDAVIT OF NON - COLLUSION
Each bidder shall accompany his bid with an affidavit
subscribed and sworn to by him that the said bid is not col-
lusive and that said bidder has not filed or presented such
bid in collusion with any other bidder. Blank affidavit
forms for this purpose will be furnished free on application
to the City Clerk.
SECTION 2. 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 said City of El Segundo, and shall make a minute of the
passage and adoption thereof in the records of the proceed-
ings of the City Council of said City, in the minutes of
the meeting at which the same is passed and adopted.
SECTION 3. That this resolution shall take effect
immediately.
Passed, approved and adopted this 6th day of
September , 1950.
i
Mayor of the�3ity of ! egundo,
California
ATTEST:
(SEAL)
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C111
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.
1101 , 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 September ,
1950, and that the same was so passed and adopted by the
following vote:
Ayes: Councilmen Gordon, Peterson, Swanson,
and Mayor Selby ;
Noes: Councilmen None ;
Absent: Councilmen Thompson
WITNESS my hand and the official seal of said City
this 6th
(SEAL)
day of September , 1950-
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C112