HomeMy WebLinkAbout103-96 RESOLUTIONMCCLELLAND CONSULTING ENGINEERS, INC.
PLAN HOLDERS LIST
City of Fayetteville 96-51
Fueling Facility Improvements Phase 1
FY952147
August 30, 1996 1 1:00 AM
HIBIT A
CONTRACTOR
BID
Enecotech
9726 E. 42nd Suite 224
Tulsa, OK 74146
(918) 663-9922
FAX 663-9923
—
7Te Southern company j• ,3•- t L.. -
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2 01 a G'. a a
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C�<�'CGr�L,..
7621 Ball Road ���� ��n'
Fort Smith, AR 72908 11,5 Ot-L' iXrtl i. V"\_z✓�U
Fort
(501) 648-1601 r�
FAX 646-1066 1 VI 0- P,.O C�..1& 77/ +A
Fowler Equipment Company
3251 W. Sunset
Springdale, AR 72764
1-800-657-31222
(501) 751-3965
FAX 751-6520
Y kJ Ali'
Mid America Environmental
Route 3, Box 267C
Carthage, MO 64836
(417) 358-3599
FAX 358-8332
(417) 885-1370 Dan Ross
Hooton Equipment
P O Box 1550
Springdale, AR 72764
(501) 756-6851
FAX 756-6963
Ark -0 Petroleum Equipment Company
391 lean Mary Avenue
POBox 248
Tontitown, AR 72770
(501) 361-3000
FAX 361-3003
Ross Equipment Company
5585 S Shaeffer Road
Fayetteville, AR 72701
(501) 443-1896
FAX 4447677
Pinnell, Inc.
1030 S. Beachwood Ave
Fayetteville, AR 72701
(501) 442-5760
FAX 442-5545
Specialty Services, Inc.
1600 Needmore Road
Old Hickory, TN 37138
(615) 754-4926
FAX 754-4928
•
SECTION 00500
CONTRACT
THIS AGREEMENT, made and entered into on the is day of
i001O ber, 19 96, by and between
The Southern Company NLR, Inc.
herein called the Contractor, and the City of
Fayetteville, hereinafter called the Owner:
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set
out, hereby agrees with the Owner as follows:
1. That the Contractor shall furnish all the materials, and
perform all of the work in manner and form as provided by
the following enumerated Drawings, Specifications, and
Documents, which are attached hereto and made a part
hereof, as if fully contained herein and are entitled
Fueling Facility Improvements, Phase I, dated August,
1996, including:
Advertisements for Bids; Addenda; Instructions to
Bidders; General Conditions; Supplementary Conditions;
Performance and Payment Bonds; Specifications; the
Proposal and acceptance thereof; and the Drawings.
Sheets 1 through
2. That the Contractor shall commence the work to be
performed under this Agreement on a date to be specified
in a written order of the Owner and shall fully complete
all work hereunder in 90 calendar days.
3. That the Owner hereby agrees to pay to the Contractor for
the faithful performance of this Agreement, subject to
additions and deductions as provided in the
Specifications or Proposal, in lawful money of the United
States, the amount of:
1
One hundred forty four thousand five hundred eighty
and 00/100 Dollars ($ 144,580.00 ), based on
the Total Base Bid Price contained herein less accepted
Deductive Alternate(s) Bid No(s) N/A .
Section 00500 - 1
4. That within 30 days of receipt of an approved payment
request, the Owner shall make partial payments to the
Contractor on the basis of a duly certified and approved
estimate of work performed during the preceding calendar
month by the Contractor, LESS the retainage provided in
the General Conditions, which is to be withheld by the
Owner until all work within a particular part has been
performed strictly in accordance with this Agreement and
until such work has been accepted by the Owner.
5 That upon submission by the Contractor of evidence
satisfactory to the Owner that all payrolls, material
bills, and other costs incurred by the Contractor in
connection with the construction of the work have been
paid in full, final payment on account of this Agreement
shall be made within 60 days after the completion by the
Contractor of all work covered by this Agreement and the
acceptance of such work by the Owner.
Liquidated Damages: Owner and Contractor recognize that
time is of the essence of this Agreement and the Owner
will suffer financial loss if the Work is not completed
within the times specified in above, plus any extensions
thereof allowed in accordance with the General
Conditions. They also recognize the delays, expense, and
difficulties involved in proving the actual loss suffered
by Owner if the Work is not completed on time.
Accordingly, instead of requiring any such proof, Owner
and Contractor agree that as liquidated damages for delay
(but not as a penalty) Contractor shall pay Owner Two
Hundred dollars ($200.00) for each calendar day that
expires after the time specified in paragraph 2 for
Completion.
7. It is further mutually agreed between the parties hereto
that if, at any time after the execution of this
Agreement and the Surety Bond hereto attached for its
faithful performance and payment, the Owner shall deem
the Surety or Sureties upon such bond to be
unsatisfactory or if, for any reason such bond ceases to
be adequate to cover the performance of the work, the
Contractor shall, at his expense, within 5 days after the
receipt of notice from the Owner, furnish an additional
bond or bonds in such form and amount and with such
Surety or Sureties as shall be satisfactory to the Owner.
In such event, no further payment to the Contractor shall
be deemed to be due under this Agreement until such new
or additional security for the faithful performance of
Section 00500 - 2
the work shall be furnished in manner and form
satisfactory to the Owner.
8. No additional work or extras shall be provided unless the
same shall be duly authorized by the Owner in writing.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
on the day and date first above written, in
( )
counterparts, each of which shall, without proof or accounting for
the other counterpart be deemed an original Contract.
WITNESSES:
a t r G.fy C/trk
Approved as to form:
Attorney for Owner
The Southern Company N1,111 Inc.
Contractor
By
fiz,c4/41
Vice President
Title
G�y a P Fcc."//P
Owner4 n/
By
Ma yr
Title
Section 00500 - 3
•
ADDENDUM NO. 1
August 22, 1996
FUELING FACILITY IMPROVEMENT, Phase I
CITY OF FAYETTEVILLE
FAYETTEVILLE, ARKANSAS
FY952147
MICROPII,ri%L,
To All Planholders:
Gentlemen.
The bid opening shall be postponed to 11:00 a.m., August 30, 1996.
The following changes are hereby made to the Project Manual for the referenced project:
1) The Project Manual shall be revised to delete the two pages, Section 00300-2, and
include the attached pages, Section 00300-1 and —2, in their place.
2) Section 11445, as attached, shall be inserted.
3) Section 02200, Part 3.09, E, shall be deleted, and the following inserted in its place:
E. Backfill around underground storage tanks and in the bedding zone of fiberglass
pipe shall be sand, as hereinbefore specified, or crushed rock or pea gravel with
maximum particle size of 3/4 -inch.
Sincerely,
McCLELLAND CONSULTING ENGINEERS, INC.
Latt
David Norman, E.I.
Project Engineer
DN/jm
Attachment: Pages 00300-1 and —2
Section 11445
The Bidder shall acknowledge receipt of this Addendum by signing below and submitting a
signed copy with his Proposal, as well as acknowledging the Addendum on Page 00300-3
of the Proposal.
Bidder
By Date
SECTION 00300
PROPOSAL
NOTE TO BIDDER: Please use BLACK ink for completing this Bid form.
To: City of Fayetteville
Address:
Project
Title:
Purchasing Department Office. Room 306
City Administration Building
113 West Mountain
Fayetteville. AR 72701
Phase I (96-51)
Engineer's
Project No.: FY952147
Date:
Bidder:
Address:
Arkansas Contractor's
License No.:
Bidder's person to contact for additional information on this
Proposal:
Name:
Telephone:
Z. BIDDER'S DECLARATION AND UNDERSTANDING
The undersigned, hereinafter called the Bidder, declares that the only
persons or parties interested in this Proposal are those named herein,
that this Proposal is, in all respects, fair and without fraud, that
it is made without collusion with any official of the Owner, and that
the Proposal is made without any connection or collusion with any
person submitting another Proposal on this Contract.
The Bidder further declares that he has carefully examined the
Contract Documents for the construction of the project, that he has
personally inspected the site, that he has satisfied himself as to the
quantities involved, including materials and equipment, and conditions
of work involved, including the fact that the description of the
SECTION 00300 - 1
quantities of work and materials, as included herein, is brief and is
intended only to indicate the general nature of the work and to
identify the said quantities with the detailed requirements of the
Contract Documents, and that this Proposal is made according to the
provisions and under the terms of the Contract Documents, which
Documents are hereby made a part of this Proposal.
The Bidder states that he has experience in and is qualified to
perform the work herein specified and, if he does not have craftsmen
experienced and qualified in any phase of the work for which this
Proposal is offered, that he will subcontract the work under said
phase to a contractor who does have the necessary experience and
qualifications.
The Bidder further agrees that he has exercised his own judgement and
has utilized all data which he believes pertinent from the Engineer,
Owner, and other sources in arriving at his own conclusions.
2. CONTRACT EXECUTION AND BONDS
The Bidder agrees that if this Proposal is accepted, he will, within
15 days after notice of award, sign the Contract in the form annexed
hereto, and will at that time, deliver to the Owner the Performance
Bond and Payment Bond required herein, and will, to the extent of his
Proposal, furnish all machinery, tools, apparatus, and other means of
construction and do the work and furnish all the materials necessary
to complete all work as specified or indicated in the Contract
Documents.
3. CERTIFICATES OF INSURANCE, PAYMENT BOND, AND PERFORMANCE BOND
The Bidder further agrees to furnish the Owner, before executing the
Contract, the certificates of insurance, Payment Bond, and Performance
Bond as specified in these Documents.
4. BID BOND
Enclosed herewith is a bid bond for
dollars ($ ) which
we agree the Owner may cash and retain as liquidated damages in the
event of our failure to enter into contract for the work covered by
this Proposal, provided the Contract is awarded to us within sixty
(60) days from the date fixed for the opening of bids and we fail to
execute the required bonds as called for in the Specifications within
fifteen (15) days after the Notice of Award.
SECTION 00300 - 2
SECTION 11445
FUEL DISPENSING SYSTEM
PART 1 GENERAL
1.01 SCOPE
A. Section includes equipment for dispensing motor fuels from
storage tanks.
1.02 RELATED SECTIONS
A. Section 01300 - Submittals.
B. Section 11444 - Underground Storage Tanks.
1.03 REFERENCES
A. National Fire Protection Association, Batterymarch Park,
Quincy, Massachusetts 02269.
1. NFPA 30 - Flammable and Combustible Liquids Code.
2. NFPA 30A - Automotive and Marine Service Station Codes.
1.04 SUBMITTALS
A. Submit shop drawings, product data, and installation
instructions under the provisions of Section 01300.
B. Include material and equipment items in project completion
manual.
PART 2 PRODUCTS
2.01 FUEL MANAGEMENT SYSTEM
A. In order to utilize existing equipment, the fuel management
system shall be upgraded with products from Gasboy
International, Inc., the manufacturer of the current
system. The system located at 125 S. Church Street, shall
be converted from 1000 mag to Fleetkey operation using the
following:
1. Conversion kit - C06334 - Single keyceptacle, 8k chip,
and new program.
2. M.P.O. Board - CR5676.
3. Decals - C015718, C01519.
11445 - 1
PART 3 EXECUTION
3.01 INSTALLATION
A. Install all components and equipment in strict accordance
with manufacturer's written instructions.
B. Repair protective coatings on items of equipment damaged
during construction.
3.02 TESTING
A. Furnish equipment, instrumentation, and personnel required
for tests.
B. Owner will furnish necessary electrical power for tests.
C. Perform tests in accordance with manufacturer's written
procedures.
PART 4 PAYMENT
A. Payment for work in this section shall be made under the
Lump Sum Bid Item No. 17.
END OF SECTION
11445 - 2
•
•
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. AIC2013903
1
•
•
vLICROFYLMED
AIA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
The Southern Co. NLR, Inc.
1201 Cypress St.
North Little Rock, AR 72114
SURETY (Name and Principal Place of Business):
Acceptance Insurance Company
222 S. 15th Street, #600 North
Omaha, NE 68102
OWNER (Name and Address):
City of Fayetteville, Arkansas
Room 306, City Administration Building 113 W. Mountain
Fayetteville, AR 72701
CONSTRUCTION CONTRACT
Date:
Amount: $144,580.00
Description (Name and Location): Closure of six underground storage tanks and installation
of one 4,000 gallon above ground tank and one 10,000 gallen underground tank
BOND `++
i3rte:(NoCearlier than Construction Contract Date):
h`ilmouflt r$1#44,580
f? Modif. cations=to this Bond: Cl None
`.ate-
1-_r_ .-P-R
GO-_.�TRACTOR,AS.INCIPAL SURETY
GC(?rrapany:a �'/ j (Corporate Seal) Company:
417
Signature:
Name and
Signature`\\�•�'
e: N. Childers, Vice President Name and
(Any additional signatures appear on page 3)
❑ See Page 3
(Corporate'SeaI)
i
�r
�5,
n ^
Title: Theresa H. 44,
F`arkc:+r,•.Att rney %r --Fact
: ;�_
- n •t+=
s—
Q
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Egineerlor
Bonds II Surety Group, Inc. other party):
1309 Broadway
Little Rock, AR 72202
(501) 374-2663
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 1
•
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner for the performance.
of the Construction Contract, which is incorporated herein
by reference.
2 If the Contractor performs the Construction Contract,
the Surety and the Contractor shall have no obligation
under this Bond, except to participate in conferences as
provided in Subparagraph 3.1.
3. If there is no Owner Default, the Surety's obligation
under this Bond shall arise after:
3.1 The Owner has notified the Contractor and the
Surety at its address described in Paragraph 10 below
that the.Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a
conference with the Contractor and the Surety to be
held not later than fifteen days after receipt of such
notice to discuss methods of performing the Construc-
tion Contract. If the Owner, the Contractor and the
Surety agree, the Contractor shall be allowed a reason-
able time to perform the Construction Contract, but
such an agreement shall not waive the Owner's right, if
any, subsequently to declare a Contractor Default; and
3.2 The Owner has declared a Contractor Default and
formally terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de-
clared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
selected to perform the Construction Contract in accor-
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para-
graph 3, the Surety shall promptly and at the Surety's ex-
pense take one of the following actions:
4.1 Arrange for the Contractor, with consent of the
Owner, to perform and complete the Construction
Contract; or
4.2 Undertake to perform and complete the Construc-
tion Contract itself, through its agents or through Inde-
pendent. contractors; or
4.3 Obtain bids or negotiated proposals from
qualified contractors acceptable to the Owner for a
contract (or performance and completion of the Con-
struction Contract, arrange (or a contract to be pre-
pared for execution by the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the Contract Price incurred by the
Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount for
which it may be liable to the Owner and, as
soon as practicable after the amount is deter-
mined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the
Owner citing reasons therefor.
5 If the Surety does not proceed as provided in Paragraph
4 with reasonable promptness, the Surety shall be deemed
to be in default on this Bond fifteen days after receipt of an
additional written notice from the Owner to the Surety
demanding that the Surety perform its obligations under
this Bond, and the Owner shall be entitled to enforce any
remedy available to the Owner. If the Surety proceeds as
provided in Subparagraph 4.4, and the Owner refuses the
payment tendered or the Surety has denied liability, in
whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right
to complete the Construction Contract, and if the Surety
elects to act under Subparagraph 4.1, 4.2, or 4.3 above,
then the responsibilities of the Surety to the Owner shall
not be greater than those of the Contractor under the
Construction Contract, and the responsibilities of the
Owner to the Surety shall not be greater than those of the
Owner under the Construction Contract. To the limit of the
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigation of
costs and damages on the Construction Contract, the Sure-
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective work and completion of the Construc-
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the Contractor's Default, and re-
sulting from the actions or failure to act of the Surety
under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages
are specified in the Construction Contract, actual dam-
ages caused by delayed performance or non-perfor-
mance of the Contractor.
7 The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Con-
struction Contract, and the Balance of the Contract Price
shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on
this Bond to any person or entity other than the Owner or
its heirs, executors, administrators or successors.
8 The Surety hereby waives notice of any change, includ-
ing changes of time, to the Construction Contract or to
related subcontracts, purchase orders and other obliga-
tions.
9 'Any proceeding; legal or equitable, under this Bond
may be instituted in any court of competent jurisdiction in
the location in which the work or part of the work is located
and shall be instituted within two years after Contractor
Default or within two years after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform its obligations under this Bond, whichever oc-
curs first. If the provisions of this Paragraph are void or
prohibited by law, the minimum period of limitation avail -
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA c9
THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.. WASHINGTON. D.C. 20006
TFIIRD PRINTING • MARCH 1987
A312-1984 2
•
able to sureties as a defense in the jurisdiction of the suit
shall be applicable.
10 Notice to the Surety, the Owner or the Contractor shall
be mailed or delivered to the address shown on the sig-
nature page.
11 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall he deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
Bond shall be construed as a statutory bond and not as a
common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount
payable by the Owner to the Contractor under the
Construction Contract after all proper adjustments
have been made, including allowance to the Con -
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor of any amounts received or to be received by
the Owner in settlement of insurance or other claims
for damages to which the Contractor is entitled, re-
duced by all,valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract,Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form or otherwise to comply with the terms of the
Construction Contract.
12.4 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
(Corporate Seal)
Signature: Signature
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA ®
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 3
•
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. AIC2013903
AIA Document A312
Payment Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and
The Southern Co. NLR,
1201 Cypress Street
North Little Rock, AR
Address):
Inc.
72114
SURETY (Name and Principal Place of Business):
Acceptance Insurance Company
222 S. 15th Street, #600 North
Omaha, NE 68102 .
OWNER (Name and Address):
City of Fayetteville, Arkansas
Room 306, City Administration Bldg., 113 W. Mountain
Fayetteville, AR 72701
CONSTRUCTION CONTRACT
Date:
Amourit: $144,580.00
Description (Name and Location):closure of six underground storage tanks and installation of
,-rrone4,000 gallon above ground tank and one 10,000 gallon underground tank
t DOND t" '#.Y
,::%re zDateyNot earlier than Construction Contract Date):
Lt r.n `}Amount: :$144,580.00
=r▪ '"= gModifcations to this Bond:
r• erl
9; • '$•r CONTRACTOR AS PRINCIPA
i 227 -▪ 'Company,:
Signature:
Name and Title: N. K. Childers, Vice
(Cor. orate Seal)
(Any additional signatures appear on page 6)
None
SURETY
Company:
❑ See Page 6
(Corpdrald:Seal)` 'ry
_ r a
.Signature:
esidentlame and Title: Theresa El.
Parkcri -Attorneys in -Fact
•
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
Bonds II Surety Group, Inc. other party):
1309 Broadway
Little Rock, AR 72202
(501) 374-2663
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA 6
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 4
1 The Contractor and the Surety, jointly and severally,
bind themselves, their heirs, executors, administrators,
successors and assigns to the Owner to pay for labor,
materials and equipment furnished for use in the perfor-
mance of the Construction Contract, which is incorpo-
rated herein by reference.
2 With respect to the Owner, this obligation shall be
null and void if the Contractor:
2.1 Promptly makes payment, directly or -indirectly,
for all sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the
Owner from claims, demands, liens or suits by any
person or entity whose claim, demand, lien or suit is
for the payment for labor, materials or equipment fur-
nished for use in the performance of the Construction
Contract, provided the Owner has promptly notified
the Contractor and the Surety (at the address
described in Paragraph 12) of any clairils, demands,
liens or suits and tendered defense of such claims,
demands, liens or suits to the Contractor and the
Surety, and provided there is no Owner Default.
3 With respect to Claimants, this obligation shall, be
null and void if the Contractor promptly makes pay-
ment, directly or indirectly, for all sums due.
4 The Surety shall have no obligation to Claimants
under this Bond until:
4.1 Claimants who are employed by or have a direct
contract with the Contractor have given notice to the
Surety (at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner, stating
that a claim is being made under this Bond and, with
substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract
with the Contractor:
Have furnished written notice to the Con-
tractor and sent a copy, or notice thereof, to
the Owner, within 90 days after having last
performed labor or last furnished materials or
equipment included in the claim stating, with
substantial accuracy, the amount of the claim
and the name of the party to whom the
materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or
in part from the Contractor, or not received
within 30 days of furnishing the above no-
tice any communication from the Contractor
by which the Contractor has indicated the
claim will be paid directly or indirectly; and
.3 Not having been paid within the above 30
days, have sent a written notice to the Surety
(at the address described in Paragraph 12) and
sent a copy, or notice thereof, to the Owner,
stating that a claim is being made under this
Bond and enclosing a copy of the previous •
written notice furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the
Owner to the Contractor or to the Surety, that is suffi-
cient compliance.
6 When the Claimant has satisfied the conditions of
Paragraph 4, the Surety shall promptly and at the
Surety's expense take the following actions:
6.1 Send an answer to the Claimant, with a copy to
the Owner, within 45 days after receipt of the claim,
stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
6.2 Pay or arrange for payment of any undisputed
amounts.
7 The Surety's total obligation shall not exceed the
amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under
the Construction Contract shall be used for the perfor-
mance of the Construction Contract and to satisfy claims,
if any, under any Construction Performance Bond. By
the Contractor furnishing and the Owner accepting this
Bond, they agree that all funds earned by the Contractor
in the performance of the Construction Contract are
dedicated to satisfy obligations of the Contractor and
the Surety under this Bond, subject to the Owner's prior-
ity to use the funds for the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants
or others for obligations of the Contractor that are unrelat-
ed to the Construction Contract. The Owner shall not be
liable for payment of any costs or expenses of any Claim-
ant under this Bond, and shall have under this Bond no obli-
gations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change,
including changes of time, to the Construction Contract
or to related subcontracts, purchase orders and other
obligations.
•
11 No suit or action shall be commenced by a Claimant
under this Bond other than in a court of competent juris-
diction in the location in which the work or part of the
work is located or after the expiration of one year from the
date (1) on which the Claimant gave the notice required by
Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last
labor or service was performed by anyone or the last mate-
rials or equipment were furnished by anyone under the Con-
struction Contract, whichever of (1) �r (2) first occurs. If the
provisions of this Paragraph are void or prohibited by law,
the minimum period of limitation available to sureties as a
defense in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, the Owner or the Contractor
shall be mailed or delivered to the address shown on the
signature page. Actual receipt of notice by Surety, the
Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the
address shown on the signature page.
13 When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions con-
forming to such statutory or other legal requirement shall
be deemed incorporated herein. The intent is that this
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA4
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 5
•
Bond shall be construed as a statutory bond and not as a
common law bond.
14 Upon request by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor shall
promptly furnish a copy of this Bond or shall permit a copy
to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor of
the Contractor to furnish labor, materials or equip-
ment for use in the performance of the Contract. The
intent of this Bond shall be to include without limita-
tion in the terms "labor, materials or equipment" that
part of water, gas, power, light, heat, oil, gasoline,
telephone service or rental equipment used in the
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
•
•
Construction Contract, architectural and engineering
services required for performance of the work of the
Contractor and the Contractor's subcontractors, and
all other items for which a mechanic's lien may be
asserted in the jurisdiction where the labor, materials
or equipment were furnished.
15.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
15.3 Owner Default: Failure of the Owner, which has
neither been remedied nor waived, to pay the Con-
tractor as required by the Construction Contract or to
perform and complete or comply with the other terms
thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
(Corporate Seal)
Signature. Signature•
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006
THIRD PRINTING • MARCH 1987
A312-1984 6
L
•
lg
•
it
X15 Asc.irtt.CNi t*e'41r+'tr wl`wt V`,ips.a. ` t "rt +I 1'4 f AllR T aSsreu:i%
ACCEPTANCE INSURANCE COMPANY
POWER OF ATTORNEY AIC 2013903
KNOW ALL MEN BY THESE PRESENTS, THAT ACCEPTANCE INSURANCE COMPANY does hereoy make, constitute and appoint
Theresa H. Parker of Little Rock prlcansag
its true and lawful Attorney -in -Fact, to make, execute and deliver on its behalf Surely- bonds, undertakings and other instruments of
similar nature as follows:
without limitation as to amount or type
This Power of Attorney is granted and sealed under and by the authority of the following Resolution adopted by the Board of
Directors of the Company on the 18th day of October, 1993.
"RESOLVED, that the Chairman of the Board, the President, an Executive Vice President or a Vice President be, and that each
of them is, authorized to execute Powers of Attorney qualifying the Attorney -in -Fact named in the given Power of Attorney to
execute in behalf of the Company, bonds, undertakings and other instruments of similar nature, and said officers may rename any
such Attorney -in -Fact or agent and revoke any Power of Attorney previously granted to such person.
FURTHER RESOLVED, that a Secretary be, and that each or any of them hereby is, authorized to attest the execution of any
such Power of Attorney, and to attach thereto the seal of the Company.
FURTHER RESOLVED, that the signatures of such officers and the seal of the Company may be affixed to any such Power of
Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile
signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with respect to any bond,
undertaking or instruments of similar nature to which it is attached."
IN WITNESS WHEREOF, ACCEPTANCE INSURANCE COMPANY has caused its official seal to be hereunto affixed, and
these presents to be signed by its President this 18th day of October, 1993.
Attest:
•
PETER A. KNOLLA
Secretary
STATE OF NEBRASKA
COUNTY OF DOUGLAS
1
s.s.: Omaha
1
ACCEPTANCE INSURANCE COMPANY
By
KENNETH C. COON
President
•
•
a▪ l▪ e
1n Vv
On this 18th day of October, 1993 before me personally came Kenneth C. Coon, to me known, who being by me duly sworn,
did depose and say that he is President of ACCEPTANCE INSURANCE COMPANY the corporation described in and which
executed the above instrument; that he knows the seal of the said corporation, that the seal affixed to the said instrument is such
corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signectits name thereto by
like order.
IGENERAL NOTARYSIate d Nebraska
ROXANNE M. THOMAS
My Comm. Exp. July 24, 1996
o�ct��2y� `:
ROXANNE M. THOMAS
NOTARY PUBLIC
My Commission Expires July 24, 1996 ,.
I, the undersigned, Assistant Treasurer of ACCEPTANCE INSURANCE COMPANY a Nebraska corporation,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and
furthermore that the Resolution of the Board of Directors, set forth in the said Power of Attorney, is now in force.
Signed and sealed at the City of Omaha, in the State of Nebraska, dated the 31St day of October , 1996 .
WILLIAM R. BAXTER
Assistant Treasurer
THIS DOCUMENT IS NOT VALID UNLESS PRINTED ON GREY SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER
RICHT HAND CORNER. THE BACK OF THIS DOCUMENT CONTAINS AN ARTIFICIAL WATERMARK -HOLD AT AN ANGLE TO VIEW.
IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUMENT YOU ARE URGED TO CONTACT ACCEPTANCE
INSURANCE COMPANY AT CIO 80 OLD STATE HOUSE SQUARE, P. O. BOX 231496, HARTFORD, CONNECTICUT 06123-1496 OR CALL OUR
POWER OF ATTORNEY CUSTODIAN AT 1-800-394-7806.
200 / POAIREV. 296.
•
1
FUELING FACILITY IMPROVEMENTS
Phase I
for
SAY ETTE\/ i LLE
FAYETTEVILLE, ARKANSAS
PROJECT NO. FY952147
August, 1996
Prepared By:
Aopr-Ma,gned To So, -vel
nom
McClelland Consulting Engineers, Inc.
1810 North College, P.O. Box 1229
Fayetteville, Arkansas 72702-1229
(501) 443-2377
Nk\c ,T E trp',
,a„
1
FUELING FACILITY IMPROVEMENTS
Phase I
for
rAY ETTE'/ I LLE
FAYETTEVILLE, ARKANSAS
PROJECT NO. FY952147
August, 1996
Prepared By:
09signad To Serve
McClelland Consulting Engineers, Inc.
1810 North College, P.O. Box 1229
Fayetteville, Arkansas 72702-1229
(501) 443-2377
PART/SECTION N°
TABLE OF CONTENTS
SUBJECT
PAGE N2
PART I BIDDING REOUIREMENTS
O 0030 Advertisement for Bids 1-2
00100 Instructions to Bidder 1-8
O 0300 Proposal 1-11
00350 Bid Bond 1-2
00360 Notice of Award 1
State Wage Rates
PART II
O 0500
00550
PART III
00700
00800
PART IV
DIVISION 1
01000
O 1009
01011
01014
01016
01027
O 1028
01070
O 1210
01300
O 1311
01400
01500
01600
O 1700
01710
01720
DIVISION 2
02100
02120
CONTRACT FORMS
Contract
Notice to Proceed
1-5
1
CONDITIONS OF THE CONTRACT
General Conditions 1-39
Supplementary Conditions 1-9
SPECIFICATIONS
GENERAL REQUIREMENTS
Abbreviations 1-3
Summary of Work 1-4
Site Conditions 1-4
Protection of the Environment . • 1-2
Safety Requirements and
Protection of Property 1-4
Application for Payment 1-3
Change Order Procedures 1-3
Cutting & Patching 1-2
Preconstruction Conferences . . 1
Submittals During Construction . • 1-5
Schedule and Sequence of Operations 1-3
Quality Control 1-3
Temporary Construction & Facilities 1-2
Material and Equipment Shipment,
Handling, Storage, and Protection 1-2
Contract Closeout 1-2
Final Cleaning 1-2
Project Record Documents 1-3
SITE WORK
Site Preparation and Demolition
Removal of Existing Underground
Storage Tanks
•
02150 Storm Water Pollution Prevention
02200
Earthwork
1-4
1-6
1-2
1-9
PART/SECTION N2
TABLE OF CONTENTS
SUBJECT
PAGE N°
PART IV
DIVISION 3
03210
03300
DIVISION 11
11145
11443
11444
DIVISION
15065
DIVISION
16000
16109
16111
16120
16134
16180
16450
SPECIFICATIONS, cont.
CONCRETE
Reinforcing Steel 1-4
Concrete 1-14
EQUIPMENT
Fuel Storage Tank Monitoring
Aboveground Storage Tanks
Underground Storage Tanks
Systems 1-3
1-4
1-6
15 MECHANICAL
Double -Wall Fiberglass Piping . . . 1-4
16 ELECTRICAL
General Electrical
Identification
Conduit
Wires and Cables
Outlet, Pull Boxes
Overcurrent Protective Devices
Grounding
Provisions
•
•
APPENDIX
•
1-22
1-2
1-5
1-4
1-3
1-3
1-3
Occupational Safety Health Administration (OSHA)
Standard for Excavation and Trenches
Safety System, 29 CFR 1926, Subpart P