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CC RESOLUTION 1203RESOLUTION NO. 1203 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, ADOPTING SPECIFI- CATIONS FOR THE COLLECTION OF GARBAGE, COM- BUSTIBLE AND NON- COMBUSTIBLE RUBBISH IN THE CITY OF EL SEGUNDO, CALIFORNIA. The City Council of the City of E1 Segundo, California, does hereby resolve, declare and determine as follows: SECTION 1. That the following specifications, being and to be known as "SPECIFICATIONS NO. 1 -1951 FOR THE COLLECTION OF GARBAGE, COMBUSTIBLE AND NON - COMBUSTIBLE RUBBISH IN THE CITY OF EL SEGUNDO, CALIFORNIA ", be and the same are hereby adopted: f GENERAL REQUIREMENTS ` The work to be done under these specifications shall in- clude 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 lawful disposal of such refuse at some point outside of the City. Should the contractor fail to collect and dispose of gar- bage and rubbish set out or placed for collection, as herein pro- vided, 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, suitable, air - tight, water -proof tarpaulin, metal covers, or other satis- factory and acceptable method, when vehicle is being used to - 1 - 6625 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. Employees 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 de- mand of the Director of Public Works. No motor vehicle manufactured prior to 1946 shall be used in the collection or transportation of garbage or rubbish under these specifications unless specifically authorized in writing by 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 Pub- lic Works witVregard 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 direction and tothe 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 and 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 Resolution of Award of Contract hereunder. - 2 - 6F26 The contractor understands and agrees that his obliga- tions extend to all premises in the City of E1 Segundo, includ- ing commercial, industrial and residential establishments and area. In the event of any dispute between the contractor and City as to what is a commercial or industrial 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, except 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 specifications 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, combustible 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 establish- ments 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 object 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 - 3 - 6627 accept, either directly or indirectly, any compensation or gra- tuity from any person, firm or corporation, other than the City, for the collections made therein except as herein provided. These specifications contemplate that the quantities of combustible and non - combustible rubbish listed as "Allowable" in following provisions of these specifications as well as all garbage shall be collected under these specifications as a free service to the citizens of the City of E1 Segundo, payment being made by the City of E1 Segundo to the contractor for such ser- vices. Should any citizen desire the collection and disposal of material in excess of those specified, the contractor may collect a fee for such additional service from the citizen requesting same. All requests for additional refuse collection and disposal service shall be directed to the office of the Director of Public Works and the fee to be assessed for such additional service will be establsihed by the Director of Public Works, the contractor to be obligated to abide by such ruling. 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 described as all animal and vegetable refuse from kitchens or households or res- taurants, all household waste which has been prepared for or been used for food, or shall have resulted from the preparation of food or table refuse or offal, and every accumulation of animal, vegetable and other matter that attends the preparation, consump- tion, decay, dealing in or storage of meats, fish, fowls, fruits or vegetables, and shall include all garbage which shall have re- sulted from sorting, or the commercial preparation or processing of food products in canneries, dehydrating plants, preserving works, pickling works, or other food manufactures. - 4 - 6F .28 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 contain 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 three times each week within business districts on the day or days fixed for such collection by the Director of Public Works, or the City Council. All garbage shall be collected by means of vehicles equip- ped with water -tight metal tanks, and shall be covered by a suit- able air - tight, waterproof tarpaulin, metal covers, or other sat- isfactory method, so that portions of, or the entire load, may be covered as the collection of garbage is performed or completed. The contractor must progressively cover the contents of the ve- hicle as loading proceeds and the entire load shall be covered as soon as loading is 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 immediately 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 provided above. All garbage - conveying tanks shall be cleaned thoroughly after the unloading of each load, and before the return of such - 5 - 6629 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 disin- fectant, or by the use of live steam, as required. All vehicles and equipment used in the collection of gar- bage, 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, unless prevented from moving by mechanical difficulties. The term "business district" shall be deemed to mean that territory described as commercial, industrial or 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 pursuant to the order of the Director of Public Works. The term "residence District" shall include all that por- tion 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 E1 Segundo. COMBUSTIBLE RUBBISH This contract is intended to insure the removal of com- bustible 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 lumber yards, mills, factories or shops, 6F30 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 few capacity. The container, together with its contents, shall not weigh over forty (40) pounds; provided, however, that in a market or store where there are various conces- sions and different owners or lessees, each owner or lessee of a concession shall be subject to the same privileges, provisions and restrictions as if he were in a separate building. Combustible rubbish shall be collected weekly from resi- dential districts and three (3) times weekly from commerical and manufacturing districts, and on the same day or days that non- combustible rubbish is collected. Combustible rubbish shall not be mixed with non - combustible rubbish. The allowable pickup from each residence or business firm is 12 cubic feet of combustible 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 amendments there- to, of the City of E1 Segundo, and all refuse not included within the term "Combustible rubbish" hereinbefore described. The term "non - combustible rubbish" shall be deemed to include small amounts of broken concrete, brick, plaster, or other non - combustible building material which is the result of extremely minor altera- tions or repairs to existing residences or building accessory to dwellings. The term "non- combustible rubbish" shall specifically not include building materials from new construction, alteration or repair work done under contract, or alteration or repair work, the value of which is in excess of $100.00. This provision of these specifications is intended to provide for the collection - 7 - s and removal of only those small amounts of building materials which may accumulate in the course of normal maintenance and repair of dwelling units. It is understood that the word "rubbish" as used in these specifications is not intended nor shall it be understood to include such personal property as metal articles and the like which the householder may wish to give or sell to others than this contrac- tor. The intent of the householder shall be deemed to be expres- sed by his act in placing any rubbish at the curb or in the alley on the scheduled days for collection, in which 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 outside the City and was brought into said City for the purpose 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 collec- tion 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 allowable pickup on any single collection day is forty (40) pounds in weight. CARE OF CONTAINERS All containers (which term shall be deemed to include the lids thereof) shall be replaced where found. All lids shall be replaced on containers. Containers 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 6C.32 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 ad- justed with the owner of such containers. 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 El Segundo. 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, ex- cept where paved allays exist in the rear of business properties, and from such properties collections shall be made from such 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 obligation 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 El Segundo, as it is now constituted or may hereafter 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 - 9 - 66M proof that he has adequate facilities for disposing of garbage and refuse for the period of the contract. PERIOD OF COLLECTION All collections of garbage and rubbish must be made be- tween the hours of 7:00 o'clock a.m. and 6:00 o'clock p.m. and no collection may be made outside of said hours except that col- lections required under emergency conditions may be made outside of said hours if approved by the Director of Public Works. 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 Insurance and Safety Laws of the State of California, and shall hold the City free and harmless from all liability that may arise by rea- son 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 ob- tained against the City of E1 Segundo, either alone or jointly with said contractor, his agents or employees, for injury or dam- age 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, provided 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 mx� 6-634 all of the terms hereof shall be considered or constitute a wai- ver of any term or condition of the contract or any performance required thereunder, or any remedy, damage or other liability aris- ing out of such refusal, neglect or inability to perform at any time. ROUTES AND CHANGES The contractor shall prepare and file with the Director of Public Works at least five (5) days prior to the beginning of service under this contract, a complete map in triplicate of the refuse disposal district or districts within the City of E1 Se- gundo. He shall indicate thereon in an appropriate and easily understandable manner and to the satisfaction and approval of the Director of Public Works, the days on which collections of garbage, combustible and non - combustible rubbish shall be made throughout the City, in residential and commercial areas re- spectively. The contractor, at his 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 necessary, 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 col- lection 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, em- bodying such changes, and he shall also at his own axpense notify - 11 - 6F735 the residences and establishments of the district of such new sche- dule ten (10) days before change becomes effective in the manner hereinbefore described. When any garbage or rubbish is not collected by the con- tractor, he shall leave a tag at least 2 -7/8" x 5 -3/4" in size on which he has indicated the reasons for his refusal 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 contractor's business or firm name, and his telephone number, and shall be securely fastened to the container or the ar- ticle refused. A record shall be kept by the collector of all places where it is necessary to leave such noti collection is not corrected within seven giving such notice, the contractor shall Public Works, giving the date of notice, for non - collection. Any notice herein required for ;e. If the reason for non - (7) days from the date of advise the Director of street address and reason the information of the public shall give the contractor +s name, address and telephone 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 8 :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 per- son at said office by whom complaints may be received from property - 12 - 6636 owners, tenants or recipients of the refuse disposal service ren- dered within said City, or from the Director of Public Works. The telephone 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 of Public Works shall from time to time designate, for the purpose of receiving such orders, directions and complaints in re- gard to the performance of this contract, as the Director of Public Works shall have to give to said contractor. The contractor shall report back to the Director of Public Works within 24 hours regard- ing complaints. A report shall be made to the Director of Public Works, giving the number of tons of garbage, the number of loads of gar- bage, combustible and non - combustible rubbish, or volumes or weights, and any similar information or other data in connection with the col- lection and disposal service when requested by the Director of Pub- lic Works. ORDINANCES. PERMITS AND LICENSES The contractor shall at all times comply with existing ordinances of the City of E1 Segundo and such other ordinances as the City Council of said City may enact relating 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 necessary 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. - 13 - 6F�'7 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 faithful performance of the contract for the entire period covered by the term of the con- tract, in the sum of $10,000.00, or a sum five (5) times the month- ly compensation under the contract, whichever is the greater; and a second bond to secure laborers and materialmen in double the amount of the 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 E1 Segundo. DEFAULTS The breach of any of the terms and conditions of the con- tract on the part of the contractor shall be grounds for the cancel- lation 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 con- tractor had continued to perform in the manner anticipated at the time contract was let. Termination of the contract as herein pro- vided shall not terminate, suspend, or affect the liability of the surety upon the bond. Failure to comply with the terms of these specifications 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 constitute a breach of the contract; provided, however, that in no event shall difficulty or inconvenience of the contractor - 14 - 0638 in the disposal of garbage and rubbish outside of the City be con- strued as beyond the ability of the contractor. HOURS OF LABOR AND MINIMUM WAGES In the performance of this contract, eight hours per day shall be the maximum hours of labor in any calendar day. The contractor shall furnish a schedule of classification and minimum prevailing rates of wages applicable to the classes of work to be performed, together with a schedule of rates the con- tractor proposes to pay said classification of employee in the per- formance of his contract with the City of E1 Segundo. ALIEN LABOR PROHIBITED The contractor shall not knowingly employ in the perfor- mance 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 em- ployed by him in the execution of said contract for each and every calendar day, or portion thereof, during which such alien is know- ingly 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 1854, inclusive, of the Labor Code of the State of California. The contractor shall be required to 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 com- mence 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 specified during the calendar months beginning February 1, 1952, and ending July 319 1952, based upon a one, two or three year term of contract, as determined by the bid and Resolution of Award. BASIS OF COMPENSATION 15 - 6639 It is the intention that the bids for the collection of garbage and rubbish shall be based upon the present area and popu- lation 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 enlargement of boundaries of the City. It is also understood that the initial monthly compensa- tion shall be decreased if the number of inhabitants served decreases whether such decrease is due to decrease of population or to diminu- tion 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 adjust- ments shall be made to reflect such fluctuation in population, as hereinafter described. The initial monthly compensation paid the contractor, which is the amount of his bid for the months of February, 1952, to July, 1952, both inclusive, shall not fluctuate, and such initial compen- sation shall be the basic rate of monthly compensation upon which all subsequent semiannual adjustments of compensation shall be com- puted. COUNT OF METERS Upon August 1, 1952, or within twenty (20) days thereafter, 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 Depart- ment of the City of E1 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 February 1, 1952, which latter count shall be the basic meter count upon which all subsequent semi- annual adjustments of compen- sation shall be computed. In the event more than one residential, - 16 - 6040 business or other unit is served 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 reported by the Director of Public Works to the City Clerk, who shall com- pute 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 August 1, 1952, 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 monthst 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 August and July 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) compensa- tion to be paid the contractor during the ensuing six monthst col- lection period, in the manner hereinabove described. - 17 - 6F -1 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 residential occupancy or busi- ness. Churches, lodges and the like shall be included in said count, but shall be itemized separatelyfrom 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 contrac- tor of said count. Within thirty (30) days of such notification the contrac- tor may protest said count or newly established monthly compensation based thereon, in writing, setting forth the reasons for his objec- tion. Should such protest be filed, the contractor and the City Council shall each select an arbitrator, and the two persons so selec- ted shall choose a third arbitrator. These three persons shall con- stitute 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. In the even t the contractor protests the count or (month- ly) 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. �i s�� 6842 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 calen- dar month for services rendered during the preceding calendar month. SUBCONTRACTORS The contract shall not be assigned or transferred without the consent of the City Council by resolution first had and obtained, now 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 cashier's 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 forfeited to said City in the event such bidder fails or refuses for a period of ten (10) days after written notice of award of contract to enter into the required contract pursuant to the award. 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 collusive 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 pas- sage and adoption of this resolution; shall cause the original of the - 19 - M 6643 same to be entered in the book of resolutions of said City of E1 Segundo, and shall make a minute of the passage and adoption there- of 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. SECTION 3. That this resolution shall take effect immedi- ately. Passed, approved and adopted this 5th day of December, 1951. Mayor of the 'City of E1 Segundo, California. ATTEST: / City Clerk (SEAL) STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva M. Elsey, 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 reso- lution, being Resolution No. 1203, 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 meet- ing of the said Council held on the 5th day of December, 1951, and that the same was so passed and adopted by the following vote: AYES: Councilmen Gordon, Peterson, Swanson, Thompson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. WITNESS my hand and the official seal of said City this 5th day of December, 1951. City Clerk of the Cil6v of (SEAL) E1 Segundo, Califo La. - 20 -