HomeMy WebLinkAbout5488 RESOLUTION NO 5,488
A RESOLUTION AWARDING CONTRACTS FOR THE PURCHASE
OF SANITATION TRUCKS, FOR LIGHTING IMPROVEMENTS
AT DUNBAR COMMUNITY PARK AND FOR THE ANNUAL PUR-
CHASES OF CATERPILLAR PARTS AND MAINTENANCE SERVICE;
WAIVING COMPETITIVE BIDDING; AUTHORIZING PAYMENT:
AND FOR OTHER PURPOSES
WHEREAS, invitation to bid was duly advertised and bids
received pursuant thereto according to law for vehicles for
the Sanitation Department and for lighting improvements at
Dunbar Community Park; and
WHEREAS, the lowest responsible and responsive bidders
have been determined and it is the desire of the Board of
Directors to authorize the purchase of said vehicles and the
lighting improvements from the lowest responsible and responsive
bidders; and
WHEREAS, J.A. Riggs Tractor Company is the only source of
supply for Caterpillar Heavy Equipment and therefore competitive
bids should be waived and award made based upon the written quo-
tation and proposal of the respective supplier of materials ,
equipment and/or service.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
THE CITY OF LITTLE ROCK, ARKANSAS .
SECTION 1 . A contract is hereby awarded to International
Harvester Company for the purchase of sanitation trucks, the
description and contract price of which are contained and set
out on Exhibit "A" attached hereto and made a part of this
Resolution.
SECTION 2 . A contract is hereby awarded to Harvill-Byrd
Electric Company for lighting improvements at Dunbar Community
Park at a contract price as set out and contained on Exhibit "B"
attached hereto and made a part of this Resolution.
SECTION 3 . Inasmuch as J. A. Riggs Tractor Company is the
only source of supply for parts and service for caterpillar heavy
equipment, competitive bidding is hereby waived and the award
shall be made based upon the written quotations and proposals
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of the respective supplier of the respective supplier of materials ,
equipment and/or service.
SECTION 4 . Funds for the items set out in Sections 1, 2 and
3 hereof are available and provided for in the Fiscal Year 1976
Budget. Items shall comply in all respects with bidding speci-
fications and upon receipt of same, from time to time as needed,
the City Manager and Director of Finance are authorized and directed
to issue the necessary warrant or warrants in payment of said con-
tract prices .
SECTION 5. This Resolution shall be in full force and effect
from and after its adoption.
ADOPTED: February 3, 1976 /
' !l/�
ATTEST: ��' APPROVED: i
City Clerk Mayor
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Contract 1... ..,,,,
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2- I C O N T R A C T -- •� , .•'''
This AGREEMENT made and entered into this 5th day of . •
19 76 , by and between the City of Little Rock, acting through
its authorized representatives, party of the First Part, hereinafter
called "OWNER". , and:
- • •i►• - • •
• • • - • • 1!- • . . •• . • - • : . . o -
party of the Second Part, hereinafter called "CONTRACTOR" .
WITNESSETH:
That for and in consideration of the payment and agreements
hereinafter mentioned, to be made and performed by the OWNER, the
CONTRACTOR hereby agrees with the OWNER to commence and complete
the following :
Construction of Recreation Facilities
lighting at the Dunbar Community Park .
A Community Development Block Grant
Project .
and perform the work in exact accordance with Plans , Specifications , and
all provisions attached hereto and made a part hereof, as though
copied in full herein, for and at the price bid and specified in
the Proposal. •
The OWNER agrees to pay, and the CONTRACTOR agrees to accept as
full and final compensation for all work done under this agreement the
Contract 2
prices specified in the proposal which is hereto attached, said
payments to be made in lawful money of the United States at the
time and in the manner set forth in the specifications .
The CONTRACTOR agrees to furnish a Performance Bond with an
approved surety thereon guaranteeing the performance of this
contract as required by the laws of the State of Arkansas , in the
principal amount not less than 100% of the amount of this contract.
Said bond shall be conditioned upon full and complete performance
of the contract and for the payment of all labor, tools , equipment,
and materials furnished by the CONTRACTOR, entering into or incident to
the work.
The Surety on said bonds shall be a Surety Company of financial
resources satisfactory to the OWNER and authorized to do business
in the State of Arkansas.
IN WITNESS WHEREOF, to those presents have executed this
contract in four (4) counter parts , each of which shall be deemed
4 an original in the day and year first above written.
CITY OF LITTLE ROCK
ATTEST: BY: /i'� 4/. ,
P- ity of t e st Part)
Cl.' . e.
(Party of S nd art) _
s tiitnttle)
FEB 0 91976
Performance Bond 1
BROWN- L.ER, INC.
PERFORMANCE AND PAYMENT BOND
BX5-829388
We, Harvill-Byrd Electric Company, Inc.
(State whether individual ,
•
i p ,
partnership, cr corporation) Principal
•
herinafter called Principal, and Balboa Insurance Company
as . Surety,hereinafter called Surety, are held and firmly bound unto the
• City of Little Rock, as Obligee, hereinafter called Owner, in the
amount of
twenty-one thousand three hundred eighty seven & no/100
($ 21,387..00
for payment whereof the Principal and Surety bind themselves , their heirs ,
personal representatives , successors and assigns , jointly 4nd severally,
firmly by these presents .
The Principal has by written agreement dated Feb. 5, 1976
, entered into a' contract with the Owner for
Construction of Recreation Facilities Lighting at the
Dunbar Community Park.
which contract is by reference made a part hereof and is hereinafter re-
ferred to as the Contract.
The condition of this obligation is such that if the Principal shall
faithfully perform its obligations in the time and in the manner
specified in the Contract and shall fully indemnify and save harmless
the Owner from all cost and damage which it may suffer by reason of the
Principal ' s failure so to do, including the failure to furnish any
necessary corrective work or property as specified in the Contract,
and shall fully reimburse and repay the Owner all outlay and expense
which the Owner may incur in making good any such default and, further,
if the Principal shall pay all sales or use taxes due the State of
Arkansas and shall pay all persons all indebtedness for labor or materials
furnished or performed under said contract, failing which such persons
shall have a direct right of action against the Principal and Surety
jointly and severally under this obligation , subject to the Owner 's
priority, then this obligation shall be null and void; otherwise it
shall remain in full force and effect.
•
Performance Bond 2
This bond shall be construed as an Arkansas statutory performance and payment
bond and all mandatory statutory provisions are deemed incorporated herein by
reference, except that if any provision herein is more beneficial to the persons
protected hereby than the statutory provisions, the provisions of this bond shall
prevail.
No suit shall be brought on this bond except by the Owner after six months
from the date final payment is made on the Contract; it is agreed that the Owner may
bring suit on this bond against the Surety alone or against the Principal and Surety
jointly at any time before suit against the Principal for breach of a written contract
would be barred. This bond shall be signed or countersigned by an agent of the Surety
resident in the State of Arkansas, shall be deemed an Arkansas contract and shall be
construed and enforced in accordance with the laws of Arkansas.
Any alterations which may be made in the terms of the Contract, or in the work
to be done under it, or the giving by the Owner of any extension of time for the
performance of the Contract, or any other forbearance on the part of either the Owner
or the Principal to the other shall not in any way release the Principal and Surety
or Sureties, or either or any of them, their heirs, personal representatives,
successors or assigns, from their liability hereunder, notice to the Surety or Sureties
of any such alterations, extension or forbearance being hereby waived.
In no event shall the aggregate liability of the Surety exceed the sum set out
herein.
Executed this 5 day of February , 19 76
Harvill-B rd Electric Com.an
Principal
e. 3
President
Title
Balboa Insurance Company
Surety
- ‘04-491—e‘
0-491—e G'-c By: . • 916-tivI,c c�c�^
Attorney-in-Fat
S.L. Flannig
NOTES: �, = ���`LZy2 �
1. This bond form is mandatory; no other tM j will be acceptable. ' ,>9.- 7--j4
4
2. The date of the bond must not be prior to the date of the Contract.
3. This bond must be issued in quadruplicate with the issuing agent's power
of attorney attached to each copy.
•
BALBOA INSURANCE COMPANY
620 NEWPORT CENTER DRIVE, NEWPORT BEACH, CALIFORNIA 92560
GENERAL POWER OF ATTORNEY
Know AU Men by These Presents, That BALBOA INSURANCE COMPANY, a corporation duly organized and existing under
the laws of the State of California, and having its principal office in Newport Beach,Orange County, California, does by these presents
make, constitute and appoint
S. L. FLANNIGAN
of Dallas and State of Texas its true and lawful Attorney(s)-in-Fact, with full power and
authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver
Contract Bond (Small Business Administration) $200, 000_0.0.,
Sales Tax Bond $10, 000, 00, Nota,ry Bond..$1, 000, 00, Liquor License Bond $7,500. 00,
Real Estate License Bond (Salesman) and (Bro,ker,)..$3, 000, 00, Empj,Qymelat..A.g.ency
License 000._ 00, Texas Contractor License $5, 000, 00, Vehicl,e_..Inspection..alnd
Permit $5, 000. 00,
"THIS POWER OF ATTORNEY SHALL TERMINATE AND BE
OF NO FURTHER EFFECT AFTER DECEMBER 31, 1976"
and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corpo-
rate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may
do in the premises. Said appointment is made under and by authority of the following resolution adopted-by the Board of Directors of
the Balboa Insurance Company at a meeting held on the 22nd day of March, 1962.
"Be It Resolved, that the President, any Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested
with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on
behalf of the Company subject to the following provisions:
"Section 1. Attorney-in-Fact. Attorney-in-Fact may be given full power and authority for and in the name of and on behalf
of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and
other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's lia-
bility thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if
signed by the President and sealed and attested by the Corporate Secretary."
In Witness Whereof, BALBOA INSURANCE COMPANY has caused these presents to be signed by its...Vice...P.resident ,
and its corporate seal to be hereto affixed this 9th day of May A.D., 19 75
BALBOA I SU ANC •
( f
State of California
County of Orange
On this 9th day of May A.D., 19.75 ...., before n.e personally came ,T9hrl..E.. C.ux.tis_
to me known, who, being by me duly sworn, did depose and say, that he resides in Mission Viejo, California
that he is Vic.e_Pr.esid.en.t.. . ...._of BALBOA INSURANCE COMPANY, the company described in and which executed the
above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was
so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order.
IIIIIIIIIIIIIIII'III IIIIIIIIIIIIIIIIIIIIIIII1111111IIIill111111lllt111111111 II IIII IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIJ
; OFFICIAL L SEAL
TOSH!E MAKISHI Notary Public
RY PUBLIC-TA!!FORNIA
� it PRINCIPAL OM E IN
:,." ORANGE COUNTY
My Commission Expires Sept. 19, 1975
11111111111III11111111III IIIIIIIIIIIIIIIIIIIII Ill 1111111 llllli 11111111111111III IIII IIIIIIII 1111111 II 111111(IIII II IIII
I, the undersigned Secretary of Balboa Insurance Company,hereby certify that the above and foregoing is a full,true and correct copy
of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in force and
effect.
And I do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the
authority of the following resolution adopted by the Board of Directors of the Balboa Insurance Company at a meeting duly called and held
on the 24th of March 1972,and that said resolution has not been amended or repealed:
"RESOLVED, that the signature of the Secretary or any Assistant Secretary of this Corporation,and the seal of this Corporation,
may be affixed or printed by facsimile to any certificate to a Power of Attorney of this Corporation,and that such printed facsimile
signature and seal shall be valid and binding upon this Corporation."
GIVEN under my hand and the seal of said Company, at Newport Beach, California, this 5 day of
February 1976
G)-QAA-Cbt
Secretary
B29E67 2
- I•I i
`FOMPAt1IE`'
CERTIFICATE OF INSURANCE _�---
ISSUED AY (TYPE FULL NAME OF INSURING COMPANY,
Home Insurance Con pan and home lndemnit Com an
•
THIS CERTIFICATE OF INSURANCE NEITHER
This is to Certify, that policies in the name of AFFIRMATIVELY NOR NEGATIVELY AMENDS,
NAMED EXTENDS OR ALTERS THE COVERAGE AFFORDED
INSUREOr ffarvill Byrd Electric Co.
and 1619 Rebsamen Park Road BY ANY POLICY DESCRIBED HEREIN.
ADDRESS Little Rock, Arkansas
are in force at the date hereof,as follows:
POLICY LIMITS OF LIABILITY
KIND OF INSURANCE POLICY NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE
WORKMEN'S Home Ins. Co. Eff. 5/1/75 Provided by Workmen's
COMPENSATION PWC 9 13 .05 05 Exp. 5/1/76 Compensation Law—State of NIL
Arkansas
COMPREHENSIVE HOW Ins. CO. Elf. 5/1/74 $ $ 100,000 Each occurrence
GENERAL LIABILITY BOP 8 32 58 29 Exp. 5/1/77 $ 0 000 Each occurrence rence $ 100,000 Aggregate
$ 30Q NO Aggregate $SOU
MANUFACTURERS' AND Eff. $ • . $ ,000 Each occurrence
CONTRACTORS' LIABILITY Exp. S ,000 Each occurrence $ ,000 Aggregate
OWNERS',LANDLORDS' Eff. $ $ ,000 Each occurrence
&TENANTS' LIABILITY Exp. $ ,000 Each occurrence $ ,000 Aggregate
CONTRACTUAL Home Ins. Co. Eff. 5/1/74 $ r$ 100,000 Each occurrence
LIABILITY BOP 8 32 58 29 Exp. 5/1/77 ,$ 300 ,000 Each occurrence $ 100.000 Aggregate
AUTOMOBILE LIABILITY
Ci Owned Automobiles Elf. $ ,000 Each person $ ,000 Each occurrence
C_.1 Hired Automobiles Exp. $ ,000 Each occurrence
❑ Non-Owned Automobiles
COMPREHENSIVE AUTO- Home Indemnity Caw 5/1/75 $ 100.000 Each person $ 100 ,000 Each occurrence
MOBILE LIABILITY CA 9 10 42 69 Exp, 5J1/76 .$ 300.000 Each occurrence
OTHER; Eff.
Exp. -
•
** Policy includes $100,000 Employer's Liability
Electrical contractor - state of Arkansas
In the event of cancellation of said policies or a reduction in the limits of liability,the company will endeavor to give written notice to
the party to whom this certificate is issued,but failure to give such notice shall impose no obligation or liability upon the company.
CERTIFICATE ISSUED TO: / /�
—1 BROW / ILLE LAI7 .00IATES
r- -1
ty of Little Rock -77GL (/
NAME /9116__ �j-- J//
AND Purchasing Division DATED AUTHORIZED REPRESENTATIVE
ADDRESS 202 Ci ty Hal 1
Little Rock, Arkansas 72209
L^ _I
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nassia(s,Itwo
• GU 6715
• (Ed.2-6a1
- CERTIFICATE OF INSURANCE
This is to Certify, that policies in the name of
NAMED I Harvill Byrd Electric Co.
INSURED 1619 Rebsamen Park Road THIS CERTIFICATE OF INSURANCE NEITHER AFFIRMATIVELY NOR
and ADDRESS Little Rock , Arkansas 72202 NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE
AFFORDED BY ANY POLICY DESCRIBED HEREIN.
are in force at the date hereof, as follows:
KIND OF • • POLICY POLICY LIMITS OF LIABILITY
INSURANCE NUMBER PERIOD BODILY INJURY PROPERTY DAMAGE
Provided WORKMEN'S Eff. Compensation by of NIL
COMPENSATION
Exp.
COMPREHENSIVE GENERAL Eff. $ ,000 Each person $ ,000 Each occurrence
LIABILITY Exp. $ ,000 Each occurrence $ ,000 Aggregate
$ ,000 Aggregate
MANUFACTURERS' AND Eff. $ ,000 Each person $ ,000 Each occurrence
CONTRACTORS' LIABILITY - Exp. $ ,000 Each occurrence $ ,000 Aggregate —
OWNERS', LANDLORDS' Eff. $ ,000 Each person S ,000 Each occurrence
AND TENANTS' LIABILITY Exp. $ ,000 Each occurrence $ ,000 Aggregate _
CONTRACTUAL Eff. $ ,000 Each person $ ,000 Each occurrence
LIABILITY Exp. $ ,000 Each occurrence $ ,000 Aggregate
AUTOMOBILE LIABILITY
C1 Owned Automobiles Eff. ?$ ,000 Each person $ ,000 Each accident
Li Hired Automobiles — — Exp. ($ ,000 Each accident
I 1 Non-Owned Automobiles 1
COMPREHENSIVE AUTO- Eff. $ ,000 Each person $ ,000 Each occurrence
MOBILE LIABILITY Exp. $ ,000 Each occurrence
OTHER: Eff 5-1-74 -- -- ---------
Umbrella BE 351 73 31 Exp. 5-1-77 $ 1,000, 000 over existing primary _.
io, 000 S .I.R.
In the event of any material change in, or cancellation of, said policies, the undersigned company will endeavor to give written notice to the party to whom this
certificate is issued, but failure to give such notice shall impose no obligation nor liability upon the company.
Dated: 4-26-74
Name of
Company: AMERICAN E ASURA CE CO.
_r [ '
AUrt10RIZEU REV ENTATIVE
CERTIFICATE ISSUED TO: C. K. Bell, Jr.
City of Little Rock
NAME Purchasing Division
and 202 City Hall ADDRESS ..-!..:4.1.7;...1.4,',:4.
1 Little Rock , Arkansas 72209 I .•4s':::,:1,:‘'''.
•
Contract 1
5l3L/
C O N T R A C T .i�
-
- •
V •
This AGREEMENT made and entered into this 5th day of', � a ^ 4,
19 76 , by and between the City of Little Rock, acting through
its authorized representatives , party of the First Part, hereinafter
called "OWNER" , and :
•
•
of- s . . c. . . - t• , 4 . - • : .
party of the Second Part, hereinafter called "CONTRACTOR" .
• WITNESSETH:
That for and in consideration of the payment and agreements
hereinafter mentioned, to be made and performed by the OWNER, the
CONTRACTOR hereby agrees with the OWNER to commence and complete
the following : •
Construction of Recreation Facilities
lighting at the Dunbar Community Park .
A Community Development Block Grant
Project.
and perform the work in exact accordance with Plans , Specifications , and
all provisions attached hereto and made a part hereof, as though
copied in full herein, for and at the price bid and specified in
the Proposal. •
The OWNER agrees to pay, and the CONTRACTOR agrees to accept as
full and final compensation for all work done under this agreement the
Contract 2
prices specified in the proposal which is hereto attached, said ' '
payments to be made in lawful money of the United States at the
time and in the manner set forth in the specifications .
The CONTRACTOR agrees to furnish a Performance Bond with an
approved surety thereon guaranteeing the performance of this
contract as required by the laws of the State of Arkansas , in the
principal amount not less than 100% of the amount of this contract.
Said bond shall be conditioned upon full and complete performance
of the contract and for the payment of all labor, tools , equipment,
and materials furnished by the CONTRACTOR, entering into or incident to
the work.
The Surety on said bonds shall be a Surety Company of financial
resources satisfactory to the OWNER and authorized to do business
in the State of Arkansas .
IN WITNESS WHEREOF, to those presents have executed this
contract in four , (4) counter parts , each of which shall be deemed
an original in the day and year first above written.
CITY OF LITTLE ROCK
ATTEST:
P- ity of t e st Part)
(Party of S e S nd -?'art.)
PxesWiT e)