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Home My WebLink AboutCC RESO 14,775RESOLUTION NO. 14,775 RESOLUTION DECLARING GOODYEAR TIRE & RUBBER COMPANY THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GOODYEAR TIRE & RUBBER COMPANY WHEREAS, the City Clerk of the City of National City did in open session, on September 23, 1985, publicly open, examine and declare all sealed proposals or bids for supplying rubber field pad materials for installation by A.T. & S.F. at 8th and Harbor in National City. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby rejects all of said bids except that herein mentioned, and hereby awards the contract for supplying rubber field pad materials for installation by A.T. & S.F. at 8th and Harbor in National City to the lowest responsive bidder, to wit: GOODYEAR TIRE & RUBBER COMPANY BE IT FURTHER RESOLVED by the City Council of the City of National City, California, that the Mayor is hereby authorized to execute on behalf of the city, a contract between the Goodyear Tire & Rubber Company and the City of National City to provide rubber field pad materials for installation in National City. PASSED and ADOPTED this 22nd day of October, 1985. ATTEST: Ioae Campbell, Cit Clerk APPROVED AS TO FORM: 7i4 George H. "Eiser, III - City Attorney CONTRACT SPECIFICATION NO.973 THIS AGREEMENT, made this, the 22nd day of October , 19 85, by and between City of National CinIy hereinafter called "OWNER", acting herein through its Mayor, and (1) a Goodyear Tire , an individual doing business as ( fr/,i/ NNi M/)/, /,peh ,2,r pp (a corporation) of the City of Akron County of d and State of cm hereinafter cailed "CONTRACTOR". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the u::NER, the CONTRACTOR hereby agrees with the OWNER to commence and complete the .services des- cribed as follows: Sunnlyine of ^ateriais for the rubber crossing of the AT&SF RR at 8th street and Harbor Drive in National City. hereinafter called the project, for the sum of Twenty—seven thousand rvn hundred seventeen and 50/100 Dollars (5 27,217.50 and all extra work in connection therewith, under the terms as stated in the General and Special Provisions of the Contract; and at his (its or their) own proper cost and expense to furnish all the materials, supplies, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the condi- tions and prices stated in the Bidder's Proposal, the General Provisions and Special Provisions of the Contract, the Plans, which include all maps, plats, blueprints, and other drawings, and printed or written explanatory matter thereof, the specifications and contract documents therefore, all of which are made a part hereof and collectively evidence and constitute the contract. The CONTRACTOR hereby agrees to commence work under this contract on or before a date to be specified in a written "NOTICE TO PROCEED" of the OWNER and to fully complete the project within 60 consecutive days thereafter. The CONTRACTOR further agrees to pay, as liquidated damages, the sum of $ 250.00 for each consecutive calendar day that he is in excess of the time specified for completion. The OWNER agrees to pay the CONTRACTOR in current funds for the performance of the contract, subject to auditions ana aeauctions, as provided in the General Provisions of the Contract, and to make payments on account thereof. (1) Correct name of Contractor CONTRACT —10 Its WITNESS ::HEREOF, the parties to these presents have executed this contract in four (4) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. Certificate of Authority Attached CITY OF NATICITY BY: BY: Mayor • C IF Ellis, Manager Con Saliinft4iiiin,General Products Di, The Goodyear Tire i Rubber Coapany ffi1144 East MarketStreit e Ake, Obi* 44316-0001 CC7.:PORATE CERTIFICATE certify that I am the as CONTRACTOR in the foregoing contract; Secretary 07 :he corporation named that the CG;;TR CTC, ::as tren contract was duly signed for and in of its governing body and is within (CORPORATE SEAL) Business Address , who signed said contract on behalf of of said corporation; that said benaif or said corporation by authority the scope of its corporate powers. INDIVIDUAL/PARTNERSHIP CERTIFICATE Subscribed and sworn to before me this 4th day of Iavelber , 105 t:OTAjr(, UBLIC IN AND FOR SAID COU;IT Atl S ATE (SEa) My commission expires Deeeeber 2, 1985 John E Wiedey Print or type name or affiant CONTRACT -I1- Z, John Davies, Assistant( _cretary of The Goodyear Tire ( thber Company, a corpora- tion organized and existing under the laws of the State of Ohio, do hereby certify that the following is a full, true and correct copy of a delegation of authority dated December . 3, 1984, signed by Tan H Barrett, President, and attested by John Davies, Assistant Secre- tary of said corporation: "Pursuant to authority vested in my by resolution adopted by the Board of Directors of The Goodyear Tire & Rubber Company (hereinafter referred to as the Company) on Feb- .,...,ruary 12, 1980, I hereby designate the MANAGER - Government Sales Department S500,000 with authority to execute for an on behalf and in the name of the Company over its corpo- rate seal, but without attestation, Proposals, bids, contracts (including any required statement with respect to the existence or non-existence of contingent or other fees), bid bonds and performance bonds, as follows: a. When the document executed is a printed, mimeographed, or otherwise prepared form furnished by any governmental authority, subdivision, commission or institution. This shall be deemed to include the United States Cove/Intent or any State, Territory, Dependency or a Subdivision or a District thereof, any of the States of the United States and any Subdivision thereof, and any Municipality within the United States and its Territories, Dependencies and Possessions; or b. When the document so executed is a letter or formal bid offering to sell the Company's regular line of products. No such bid, proposal, contract, or bond shall be for products exceeding the value of, or in the penal amount greater than the amounts shown opposite the above titles, and every such bid (when accepted) and every such contract shall be performable within a period of one year from the date thereof. All documents covering products involving a monetary amount in excess of S100,000 wi11 be approNred by the Law Department. Documents covering products involving a monetary amount in excess of $150,000 will he lodged in the Contract Records Section of the Secretary's Office; and those under 5150,!`nn will be retained in the Goveiiunent Sales Department —Tire Division. This Delegation of Authority shall be in full force and effect from the date hereoe tc and including December 31, 1989, unless theretofore revoked, and cancels and supersedes that similar delegation granted January 6, 1983. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official corporate sr.al ''of said Catpany to be affixed. (s) Tom H Barrett President THE GOODYEAR TIRE & RUBBER COMPANY Attest: (s) John Davies Assistant Secretary" And I further certify that the foregoing delegation of authority has been neither revoked nor modified and is in full force and effect at the date hereof. IN WITNESS WHEREOF, I have hereunto set my hand and caused the corporate seal of said The Goodyear Tire & Rubber Company to be affixed this 4th day of 1985 November Assistant Secretary l CHUBB GROUP of Insurance Companies 51 John F Kennedy Parkway. Short H1IIs. New Jersey 07078 FEDERAL INSURANCE COMPANY PERFORMANCE BOND Bond No 80969171 Know all Men by these Presents, That we, THE GOODYEAR TIRE & RUBBER COMPANY Amount $ 27,217.50 (hereinafter called the "Principal"), as Principal, and the FEDERAL INSURANCE COMPANY, of Short Hills, New Jersey, a corporation duly organized under the laws of the State of New Jersey, (hereinafter called the "Surety"), as Surety, are held and firmly bound unto TaE CITY Op NATIONAL. CITY, CA (hereinafter called the "Obligee"), in the sum ofT; E»TY .SRVEE THOUSAND TWO HUNDRED 50/lnono... --_Dollars ($2217.50 • ), for the payment of which sum well and truly to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally firmly by these presents. Sealed with our seals and dated this 4TH day of NOVEMBER , A. D. nineteen hundred ande{gilty-give THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a certain Contract with the Obligee, dated November 4 , 1S5 foSUPPLYING MATERIALS FOR THE RUBBER CROSSING OF THE •AT&SF RR AT BTU STREET AND HARBOR DRIVE IN NATIONAL CITY. in accordance with the terms and conditions of said contract, which is hereby referred to and made a part hereof