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1. Parties and DAt-e-
This Contract is entered into this 2,-5 day of --La-Y-t
1987 , between the CITY OF REDLANDS a municipality of the State of
California, hereinafter "Owner" and The Goodyear Tire & Rubber Cam Egny,
hereinafter "Contractor" .
2. C!Dnsiderati!2n.
In consideration of the mutual covenants hereinafter
contained Owner and Contractor agree to comply with the terms of this
Contract and to faithfully perform their duties hereunder.
3. Duties D-1 . .. 'rAC1QX*
3.1 Contractor agrees to furnish all labor, tools
and equipment necessary for the supply of approximately 87 linear feet,
more or less, of railroad crossing materials in the City of Redlands in
accordance with the details attached hereto and made a part hereof.
3.2 Contractor agrees that it will comply with City
of Redlands Business License Ordinance No. 867, Sales Tax Ordinance No.
936, and Use Tax Ordinance No. 937 , and all other applicable local laws
and requirements.
3.3 Contractor shall keep himself fully informed of
all laws and regulations in any manner affecting the performance of the
contract work, and shall indemnify Owner and Owner's agents against any
liability arising from violation of any such law or regulation.
- 3.4 Contractor shall be responsible for all loss and
damage which may arise out of the nature of the work agreed to herein,
or from the action of the elements, or from any unforeseen difficulties
which may arise or be encountered in the prosecution of the work until
same is fully delivered and accepted by Owner. However, Contractor
shall be responsible for damage proximately caused by an act of God
within the meaning of Section 4150 of the Government Code only to the
extent of 5 percent of the contract amount.
3.5 Contractor shall indemnify and hold harmless
Owner its agents and employees from and against all claims, damages,
losses and expenses, including attorney's fees arising out of or
resulting from performance of work under this Contract and which are
attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible property including the loss of use
resulting therefrom caused in whole or in part by any negligent or
willfull act or omission of the Contractor or anyone directly or
indirectly employed by him or for whose acts he may be liable.
3 .6 Contractor offers and agrees to assign to Owner
all rights, title and interest in and to all causes of action it may
have under Section 4 of the Clayton Act (15 Q.S.C. 15) or under the
Cartwright Act (Chapter 2 of Part 2 of Division 7 of the Business and
Professions Code) arising from purchases of goods, services, or
materials pursuant to this Contract. Such assignment shall be made and
become effective at the time Owner tenders final payment to Contractor,
without further acknowledgement by the parties.
4. is Responsibilitigs,
4.1 Contractor agrees to perform the work required
herein for the lump sum price set forth in Contractor's bid.
4.2 When the Contractor determines that he has
completed the work required herein, Contractor shall so notify the
Owner in writing. Owner shall thereupon accept the materials and, i
acceptable, shall pay to Contractor the amount due, less any amount
which the owner may be authorized or directed by law to retain.
Acceptance of payment by the Contractor shall constitute a release to
Owner from all claims and liabilities to the Contractor for any work
performed in relation to this Contract or for any act or neglect by the
owner relating to or affecting the work .
5 . !Contractual Relatignshio.
It is expressly agreed that Contractor is an independent
contractor and neither Contractor nor any of his employees shall be
deemed employees of Owner. Contractor shall have full supervision over
all workers on the job, including equipment' drivers and operators ' and
neither Owner nor any of Owner's agents shall be held responsible for
any action of Contractor under this contract. Should any question
arise regarding the meaning or import of any of the provisions of this
Contract or written or oral instructions from the Owner the matter
shall be referred to Owner's engineer, whose decision shall be binding
upon Contractor.
6. As n gnent.
Contractor shall not assign or transfer this Contract or
any right, title or interest herein without the prior written consent
of Owner. If Contractor attempts an assignment of this Contract or any
right or interest herein, Owner may, at its option, terminate and
revoke the Contract and shall thereupon be relieved from any and all
obligations to Contractor or his assignee or transferee.
7. Atter Legla. And CQats.
If any action is necessary to enforce or interpret the
terms of this Contract, the prevailing party shall be entitled to
recover from the losing party attorney fees in an amount determined to
be reasonable by the court, together with costs and necessary
disbursements.
8.
Any notice required to be given under the terms of this
Contract shall be sufficient and complete upon depositing the same in
the United States mail, with postage prepaid and addressed as follows:
Qwner Contractor
City of Redlands Tne year Tire & Rubber Co.
30 Cajon Street 1144 E. Market Street
P.O. Box 2090 Akron Ohio 44 316-0001.
Redlands CA 92373
9. -Countgrparja.
This agreement shall be executed in two (2) counterparts,
each of which shall constitute an original.
IN WITNESS WHEREOF, each of the parties has caused this
Contract to be executed the day and year first above written.
Owner:
CITY OF REDLANDS
By:
Mayor
ATTEST:
By:
-citi lerk
I
CQNTRACTO
'By:
hn E.Wiedey
r. Contract A nistrator
Z-IX Government SaWDepartment
ATTEST: Z�� General Products Division
By: SEE ATTACHED CERTIFICATE OF AUTHORITY The Goodyear Tire & Rubber comp
any
CERTIFICATION
LABOR CODE - SECTION 1861
I, the undersigned Contractor, as aware of the provisions
of Section 3700 et seq. of the Labor Code which requires every employer
to be insured against liability for Worker's Compensation or to
undertake self-insurance in accordance with the provisions of that
Code, and 1, the undersigned Contractor, agree to and will comply with
such provisions before commencing the performance of the work of this
Contract.
CONTRACTO
By: 1n E. Wiedey
Sr. ,q6ntract Admin' attar
4,�Go rnment Sales Department
ral Products Division
The Goodyear Tire & Rubber Company
Assistant Secretary of The Goodyear Tire & Rubber Company, a corporation
or: --1 -- z,-d and existing under the laws of the State of Ohio, do hereby certify that the
followinq is a full, true and correct copy of a delegation of authority dated November 6, 19ES
signed by Torr,. h Barrett, President, and attested by John Davies, Assistant Secretary of saJA
corporation:
"Pursti,—,t to authority vested in me by resolution adopt-d by the Board of Directors of The
Goodyear Tire & Rubber Company (hereinafter referred to as the Company) on February 12, 198 , 1
hereby designate
J E WIEDEY, Senior Contract Administrator $250,000
Government Sales Department - General Products Division
with authority to execute for and on behalf and in the name of the Company over its corporate
seal, but without attestation,
Proposals, bids, contracts (including any required statement with respect to the existence
or nonexistence 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 Government or any State, Territory,
Dependency of 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 $100,000 will be
approved by the Law Department.
Documents covering products involving a monetary amount in excess of $150,000 will be
lodged in the Contract Records Section of the Secretary's Office; and those under $150,000 will
be retained in the Government Sales Department.
This Delegation of Authority shall be in full force and effect from the date hereof to and
including December 31, 1987, unless 'theretofore revoked.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the official corporate seal of
said Company to be affixed.
(s) Tom H Barrett
President
THE GOODYEAR TIRE & RUBBER COMPANY
Attest: (s) John Davies
Assistant Secretary"
Arid 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 WHERE-OF, I have hereunto set my hand and caused the corporate seal of said The
Goodyear Tire & Rubber Company to be affixed this A-5--'Nlay of Mat 1987
s start S e