ATTACHMENT 5 City of Fort Smith Specs October 2018.pdf

DIVISION 100 - GENERAL CONDITIONS

SECTION 101

DEFINITIONS AND TERMS

101.01 ABBREVIATIONS AND DEFINITIONS

Whenever the following abbreviations are used in these specifications or on the plans, they are to be construed the same as the respective expressions represented:

A. INDUSTRY ABBREVIATIONS

AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ADEQ Arkansas Department of Environmental Quality AGC Associated General Contractors of America ArDOT Arkansas Department of Transportation AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute ANSI American National Standards Institute ARA American Railway Association AREA American Railway Engineering Association ASCE American Society of Civil Engineers ASTM American Society for Testing and Materials ATSSA American Traffic Safety Services Association AWPA American Wood Preservers Association AWS American Welding Society AWWA American Water Works Association COE U.S. Army Corps of Engineers CRSI Concrete Reinforcing Steel Institute FHWA Federal Highway Administration IMSA International Municipal Signal Association ITE Institute of Traffic Engineers MUTCD Manual on Uniform Traffic Control Devices for Streets and Highways NEC National Electrical Code NEMA National Electrical Manufacturers Association OSHA Occupational Safety and Health Administration PCA Portland Cement Association SAE Society of Automotive Engineers UL Underwriter's Laboratory USC United States Code

B. CONTRACT ABBREVIATIONS FOR CONSTRUCTION WORK

AC Asphalt Cement ACHM Asphalt Concrete Hot

Mix ADJ Adjusted AGG Aggregate(s) ALUM Aluminum APPR Approach

ASPH Asphalt ASSY Assembly AST Asphalt Surface Treatment AUTO Automatic BIND Binder BIT Bituminous BLDG Building(s)

BLKT Blanket BNG(S) Bearing(s) BR Bridge(s) BST Bituminous Surface

Treatment C&G Curb and Gutter CA Corrugated Aluminum CEM Cement CF Cubic Feet CI Cast Iron CL Class CLVT(S) Culvert(s) CMP Corrugated Metal Pipe CNTL Control, Controller CO Clean Out CONC Concrete COND Conduit CONST Construction CONT Continuous, Continuously CORR Corrugated CRSE Course CS Corrugated Steel CU, cu Cubic CULV Culvert CY Cubic Yard DBL Double DI Drop Inlet(s), Ductile

Iron DIA Diameter DWY(S) Driveway(s) ELEV Elevation EMUL Emulsified EXC Excavation EXP Expansion F Fahrenheit F&I Furnish and Install FDN Foundation FES Flared End Section(s) FNC Fence(s) FT Foot or Feet FURN Furnish, Furnishing GA Gage, Gauge GAL Gallon GALV Galvanized GR Grade, Graded GRVL Gravel GV Gate Valve HI High Intensity HMA Hot Mix Asphalt HMAS Hot M ix Asphalt

Stabilized HP Horsepower

I.D. Inside Diameter IN Inch (es) INST Install, Installing, Installation LAB Laboratory LB Pound LF Linear Foot or Feet LS Lump Sum MAINT Maintenance MATL Material(s) MAX Maximum MES Mitered End Section(s) MET Metal MG 1000 Gallons MIN Minimum MOB Mobilization MOD Modified NO Number(s) NON MET Non-Metallic NON REINF Non-Reinforced NPDES National Pollutant Discharge

Elimination System O.D. Outside Diameter OFF Office OH Overhead PC Portland Cement PI Plasticity Index PM Plant Mixed ppm parts per million PRCST Precast psi pounds per square inch PVC Polyvinylchloride PVMT Pavement(s) PVNG Paving R Radius R&D Removal and Disposal RC Reinforced Concrete RCP Reinforced Concrete Pipe RDWY Roadway(s) RECON Reconstruct(ed) REFL Reflectorized REHAB Rehabilitate, Rehabilitation REINF Reinforced, Reinforcing RELOC Relocate, Relocation REMV Removal, Removing, Removed REPL Replace, Replacing RESTOR Restoration REBAR Reinforcing Steel RMC Rigid Metallic Conduit RNMC Rigid Non-Metallic Conduit ROW, R/W Right-of-Way SAN Sanitary sf square feet SGNL(S) Signal(s) SHLD(S) Shoulder(s) SPEC Special sq Square sta Station (100feet) STAB Stabilized, Stabilization STKPL Stockpile, Stockpiling STL Steel STN Stone STR(S) Structure(s) STRL Structural SWPPP Storm Water Pollution

Prevention Plan

SY Square Yard SYS System, Systems TEMP Temporary TERM Terminal THERMPL Thermoplastic TMBR Timber TN Ton TRAF Traffic TRP Triple TRMT Treatment TRTD Treated UNCL Unclassified UNTRTD Untreated VERT Vertical YD Yard

C. DEFINITIONS. Whenever in these specifications or in other contract documents the following terms, singular or plural, or pronouns in place of them, are used, the intent and meaning shall be interpreted as follows:

Addenda. Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents.

Agreement. The written agreement between Owner and Contractor covering the Work to be performed; other Contract Documents are attached to the Agreement and made a part thereof as provided therein.

Advertisement. The public announcement, as required by law, inviting bids for work to be performed or materials to be furnished.

Award. The acceptance by the Owner of a proposal.

Bid. The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

Bid Bond. The security furnished with a bid to guarantee that the bidder will enter into the Contract if the bid is accepted.

Bid Item (Pay Item). A specifically described unit of work for which a price is provided in the Contract.

Bid Proposal Form. The approved form on which the Owner requires bids to be prepared and submitted for the work.

Bidder. An individual, partnership, corporation, or joint venture submitting a bid for the advertised work. (The terms "Bidder" and "Contractor" are frequently used synonymously.)

Calendar Day. Any day shown on the calendar, beginning and ending at midnight. If a day is not identified by any other modifier, it shall be considered a calendar day.

Change Order. A written order signed by the Owner and Contractor, covering contingencies, increases or decreases in contract quantities, and additions or alterations to the plans or specifications, within the scope of the Contract and establishing the basis of payment and time adjustments for the work affected by the changes, issued on or after the Effective Date of the Agreement.

Construction Field Change. A written order issued by the Owner covering minor changes in the work, but which does not involve a change in the Contract Price or the Contract Time.

Contract. The written agreement between the Owner and the Contractor setting forth the obligations of the parties thereunder, including, but not limited to, the performance of the Work, the furnishing of labor and materials, and the basis of payment.

Contract Documents. The Contract Documents includes the Agreement; Addenda (which pertain to the Contract Documents); Contractor’s Bid (including documentation accompanying the Bid and any Post-Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement; the Bonds; the Specifications and Special Conditions; the Drawings as the same are more specifically identified in the Agreement; together with all written modifications, Change Orders and Engineer’s written interpretations and clarifications issued on or after the Effective Date of the Agreement.

Approved Shop drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics and the like that may be furnished by Owner to Contractor are not Contract Documents.

Contract Time. The number of calendar days or the dates stated in the Agreement to achieve Substantial Completion of the Work.

Contractor. The individual, partnership, corporation, or any combination thereof, or joint venture contracting with the Owner for performance of the prescribed work. (The terms "Contractor" and "Bidder" are frequently used synonymously.)

Defective. An adjective which when modifying the word Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents, or has been damaged prior to final payment.

Effective Date of Agreement. The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

Engineer. The chief engineer of the contracting Department of the City of Fort Smith, or other person or firm designated by the Board of Directors, acting directly or through a duly authorized representative, who is responsible for engineering and administrative supervision of the Contract.

Equipment. All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and tools and apparatus necessary for the proper construction and acceptable completion of the work.

Extra Work. An item of work not provided for in the Contract as awarded but found essential by the Owner for the satisfactory completion of the Contract within its intended scope.

Holidays. The City of Fort Smith observes the following legal holidays: New Year's Day, January 1; Martin Luther King's Birthday/Robert E. Lee's Birthday, 3rd Monday in January;

Memorial Day, last Monday in May; Independence Day, July 4; Labor Day, 1st Monday in September; Veteran's Day, November 11; Thanksgiving Day and day after, 4th Thursday and Friday in November; Christmas Eve, December 24; and Christmas Day, December 25. If a holiday falls on Saturday or Sunday, the observed day shall be the Friday preceding the Saturday or the Monday following the Sunday.

Incidental item. Work shown on the plans but for which there is no bid item included. This work shall not be paid for separately; rather the cost of the work is considered to be included in the contract amount bid for the project.

Inspector. The Engineer’s or Owner's authorized representative assigned to make detailed inspections of Contract performance.

Laboratory. The testing laboratory of the Owner or any other testing laboratory which may be designated by the Owner.

Lump Sum. The term "lump sum" when used as an item of payment will mean complete payment for the work described in the Contract. When a complete structure or structural unit (in effect, "lump sum" work) is specified as the unit of measurement, the unit will be construed to include all necessary fittings and accessories.

Materials. Any substances specified for use in the construction of the project and its appurtenances.

Modification. (a) A written amendment of the Contract Documents signed by both parties,

(b) a Change Order, or (c) a Construction Field Change. A modification may only be issued after the Effective Date of the Agreement.

Milestone. A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work for which liquidated damages may or may not apply.

Notice of Award. The written notice by Owner to the apparent successful Bidder stating that upon timely compliance by the apparent successful Bidder with the conditions listed therein, Owner will sign and deliver the Agreement.

Notice to Proceed. A written notice given by Owner to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligation under the Contract Documents.

Owner. The City of Fort Smith, Arkansas with whom Contractor has entered in the Agreement and for whom the Work is to be performed.

Payment Bond. The approved form of security, executed by the Contractor and his/her Surety or Sureties, guaranteeing the payment of all legal debts of the Contractor pertaining to the construction of the project.

Performance Bond. The approved form of security, executed by the Contractor and his/her Surety or Sureties, guaranteeing complete performance of the Contract and all supplemental agreements thereto.

Plans. The approved Project Plans and Standard Drawings, profiles, typical cross sections, and supplemental drawings, or exact reproductions thereof, which show the location, character, dimensions, and details of the Work to be performed. All documents are to be considered as a part of the plans whether or not noted in the Special Conditions. Working drawings and other Contractor submittals are not Plans as so defined. (The terms "Drawings" and "Plans" are frequently used synonymously.)

In the above definition, the following terms are defined as follows:

(a) Standard Drawings - The City of Fort Smith Standard Drawings.

(b) Project Plans - The Project Plans are specific details and dimensions peculiar to the Work and are supplemented by the Standard Drawings insofar as the same may apply.

Project. The specific improvements to be constructed together with all appurtenances and construction to be performed thereon at the prices quoted.

Registered Professional Engineer. An Engineer registered in the State of Arkansas by the Arkansas State Board of Registration for Professional Engineers and Land Surveyors.

All details, drawings, calculations, and reports submitted by the registrant as required by these specifications shall be certified, signed, and stamped with the seal or facsimile thereof as authorized by the State Board.

Registered Professional Land Surveyor. A Land Surveyor registered in the State of Arkansas by the Arkansas State Board of Registration for Professional Engineers and Land Surveyors. All plats submitted by the registrant as required by these specifications shall be certified, signed, and stamped with the seal or facsimile thereof as authorized by the State Board.

Registered Scale Mechanic. A person registered with the Arkansas Bureau of Standards, Division of Weights and Measures, as being qualified by training and experience to make adjustments and repairs to commercial scales and performs such work as a skilled trade.

Right-of-Way. A general term denoting land, property, or interest therein, acquired for or devoted to a roadway or other public use.

Shop Drawings. All drawings, diagrams, illustration, schedules and other data which are specifically prepared by Contractor, Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work

Special Conditions. Additions and revisions to the standard specifications covering conditions peculiar to an individual project.

Specifications. The directions, provisions, and requirements contained in the Standard Specifications or as modified by the Special Conditions. Whenever the term “these specifications” is used in this book, it means the provisions set forth in the contract.

Standard Specifications. This printed book of Standard Specifications for Public Works Construction. Unless otherwise noted, the Edition in effect on the date of advertisement.

Station. A station when used as a definition or term of measurement will be 100 linear feet measured horizontally.

Subcontractor. An individual, firm, or corporation having a direct contract with Contractor or with any other Subcontractor for performance of a part of the Work.

Superintendent. The Contractor's authorized representative in responsible charge of the work, present at the work site at all times during the progress to supervise and direct construction, to receive and fulfill instructions from the Owner’s representative, and to accept orders for changed and extra work.

Substantial Completion. The time at which the Work has progressed to the point where, in the opinion of the Owner, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes for which it was intended without further disruption to the public or occupants of the facility.

Surety. The company, other than the Contractor, executing a bond furnished by the Contractor.

Unit Price Work. Work to be paid for on the basis of unit prices.

Work. The furnishing of all materials, labor, equipment, tools, and incidentals necessary or convenient to the successful completion of the project and the carrying out of the duties and obligations imposed by the Contract.

101.02 EXPRESSIONS

In order to avoid cumbersome and confusing repetition of expressions in these specifications, it is provided that whenever anything is, or is to be, done, if, as, when, or where "contemplated, required, determined, directed, specified, authorized, ordered, given, designated, indicated, considered necessary, deemed necessary, permitted, reserved, suspended, established, approval, approved, disapproved, acceptable, unacceptable, suitable, accepted, satisfactory, unsatisfactory, sufficient, insufficient, rejected, or condemned," it shall be understood as if the expression were followed by the words "by the Engineer" or "to the Engineer."

SECTION 102

BIDDING REQUIREMENTS AND CONDITIONS

102.01 QUALIFICATIONS OF BIDDERS

The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is property qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted.

102.02 NOTICE TO CONTRACTORS

After the date is fixed for the bid opening for the work, the Owner will give notice of bidding to contractors. The advertisement will contain a description of the proposed work, and information to the bidder regarding access to proposal forms, plans, and specifications, and the amount and nature of the proposal guaranty.

102.03 CONTENTS OF PROPOSAL

Upon request, the Owner will furnish the prospective bidder with Plans and a Proposal form. The Proposal form will state the location and description of the contemplated construction and will show the estimate of the various quantities and kinds of work to be performed or materials to be furnished, and will have a schedule of items for which unit or lump sum bid prices are invited. The Proposal form will state the time in which the work must be completed, the amount of the proposal guaranty, and the date, time and place of the opening of proposals. The Proposal form will also include any special provisions or requirements that vary from or are not contained in the Standard Specifications.

All papers bound with or attached to the Proposal form are considered a part thereof and shall not be detached or altered when the Proposal is submitted.

The plans, specifications, and other documents designated in the Proposal form will be considered a part of the Proposal whether attached or not.

The prospective bidder will be required to pay the Owner the sum stated in the advertisement for each copy of the Proposal form and each set of plans.

102.04 REJECTION OF BID PROPOSALS

The Owner reserves the right to refuse to award a Contract due to a lack of competency or adequate machinery, plant, other equipment or personnel as revealed by the investigation allowed under Subsection 102.01 “Qualification of Bidders.” In performing the investigation, the Owner may request additional information on and evaluate the following factors:

A. Uncompleted work that, in the judgment of the Owner, might hinder or prevent the prompt completion of additional work if awarded.

B. Failure to pay or satisfactorily settle all bills due for labor and material on former contracts in force at the time of issuance of Proposals.

C. Misconduct which, in the opinion of the Owner, is of such a serious nature as to adversely affect the ability of the Contractor to perform future work.

D. Default under previous contracts.

E. Failure to reimburse the Owner for monies owed on any previously awarded contracts including those where the prospective bidder is a party to a joint venture and the joint venture has failed to reimburse the Owner for monies owed.

F. Previous failure to execute a Contract and/or submit acceptable bonds for any subsequent advertisement of that project.

G. Unsatisfactory performance record as shown by past work for the Owner judged from the standpoint of workmanship and progress.

H. If the prospective bidder is the Contractor on a current Contract with the Department on which Liquidated Damages are being assessed due to failure to complete the work within the Contract time.

I. Default under previous contracts.

102.05 INTERPRETATION OF QUANTITIES IN PROPOSAL SCHEDULE

The quantities appearing in the schedule are approximate only and are prepared for the comparison of bids. Payment to the Contractor will be made only for the actual quantities of work performed and accepted or materials furnished in accordance with the Contract. The scheduled quantities of work to be done and materials to be furnished may each be increased, decreased, or omitted as hereinafter provided.

102.06 EXAMINATION OF PLANS, SPECIFICATIONS, SPECIAL CONDITIONS,

AND THE SITE OF THE WORK

The Owner will prepare plans and specifications giving such directions as will enable a competent Contractor to carry them out. The bidder is expected to examine carefully the site of the proposed work, the proposal, plans, specifications, supplemental specifications, special conditions, contract forms (including all addenda) before submitting a proposal. The submission of a bid shall be considered prima facie evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the plans, specifications, supplemental specifications, special provisions, and contract. The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect to his bid.

When the Plans or Special Conditions include information pertaining to subsurface exploration, boring logs, soil survey information, or other preliminary investigations, such information was obtained by the Owner for design and estimating purposes only. This and other subsurface investigation information may be available and prospective bidders will be permitted to examine such information upon request. It is expressly understood and agreed that said information does not constitute a part of the Contract and represents only the best knowledge of the Owner as to the location, character, and depth of the materials encountered. This information is only included and made available so that prospective bidders may have access to subsurface information obtained by the Owner and is not intended to be a substitute for personal investigation, interpretation, and judgment of the bidder. The bidder should be cognizant of the possibility that conditions affecting the cost and/or quantities of work to be performed may differ from those indicated.

102.07 PREPARATION OF PROPOSAL

The proposal shall be submitted upon the forms furnished to the prospective bidder by the Owner.

The bidder shall specify a unit price in words or figures, or both if required, for each pay item for which a quantity is given and should also show the products of the respective unit prices and quantities written in figures in the column provided for that purpose, and the total amount obtained by adding the amounts of the several items. These extensions and totals as calculated by the bidder are for information only; the total proposal amount will be the true sum of the products obtained by multiplying the approximate quantities by their respective unit bid prices. Any notes, comments, or amounts written outside the column headed "Unit Bid Price" will be disregarded when calculating the total proposal amount. All figures shall be in ink and legible. The unit bid price should not be carried beyond the cent ($0.01). Any figures on the unit bid price beyond the cent will be dropped.

Should a bidder need to change a unit bid price on the bid proposal schedule of items, the original entry shall be marked out and the new entry shall be initialed by the person signing the proposal or another officer of the firm. Should a bidder need to change an extension, subtotal, or total on the bid proposal schedule of items, the original entry should be marked out and the new entry should be initialed by the person signing the proposal or another officer of the firm. Changes are defined as any physical alterations to the original figures including, but not limited to erasures, cross-outs, line-outs, or liquid paper corrections (white-outs).

The bidder's proposal must be signed with ink by the individual, by one or more members of the partnership, by one or more members or officers of each firm representing a joint venture, or by one or more officers of a corporation, or by an agent of the Contractor legally qualified and acceptable to the Owner. If the bidder's proposal is made by an individual, the name of the individual must be shown; by a partnership, the name of each partnership member must be shown; as a joint venture, the name of a member or officer of each of the firms represented by the joint venture must be shown; by a corporation, the name of the corporation must be shown.

102.08 IRREGULAR PROPOSALS. Proposals may be considered irregular and may be rejected for the following reasons:

A. If changes are made to the entries for unit bid prices on the bid proposal schedule of items and they are not initialed by the person signing the proposal or an officer of the firm.

B. If the proposal does not contain a unit price or extension for each pay item listed except in the case of authorized alternate pay items or lump sum pay items.

C. If the proposal is not prepared and signed with ink.

D. If the proposal is not accompanied by the proper proposal guaranty.

E. If a proposal is received from an individual, firm, partnership, or corporation with an interest, as principal, in another proposal for the same project.

F. If any unit price entered on the Schedule of Items is illegible.

G. If the proposal is not submitted by the prospective bidder who purchased the original proposal.

H. If the proposal is on a form other than that furnished by the Owner; or if the form is altered except as authorized; or any part thereof is detached.

I. If there are unauthorized additions, conditional or alternate bids, or irregularities of any kind that may tend to make the proposal incomplete, indefinite, or ambiguous as to its meaning.

J. If the bidder adds any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

K. Unbalanced proposals in which the prices for some items are out of proportion to the reasonable costs representative of those items.

102.09 PROPOSAL GUARANTY

No proposal will be considered by the Owner unless it is accompanied by a guaranty in the form of either a bank draft, certified check, or cashier's check drawn on a solvent bank or trust company, or a bidder's bond duly executed by the Bidder as principal and having as surety thereon a surety company approved by the Owner. The guaranty shall be made payable to the City of Fort Smith, Arkansas and shall be in an amount not less than five (5) percent of the bid.

102.10 DELIVERY OF PROPOSALS

Each proposal must be submitted in a sealed envelope bearing on the outside the name of the Bidder, his address, his Arkansas Contractor’s license number, the name of the project for which the bid is submitted. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the contracting Department of the City of Fort Smith and be identified as a bid proposal. In the event that the second envelope is not identified as a bid proposal, the Owner will not be responsible for consideration of the proposal if it is not recognized as such by the time designated for receipt of proposals. Any proposal received after the time stated in the proposal form for receipt of proposals will not be accepted and will be returned unopened to the bidder.

102.11 WITHDRAWAL/MODIFICATION OF PROPOSALS

A. A bidder may withdraw or modify a proposal after it has been deposited with the Owner, provided a request for withdrawal or modification, as described herein, is received by the contracting Department of the City of Fort Smith before the closing time set for receipt of proposals. Opened proposals may not be withdrawn within 60 days after the actual date of the opening of proposals.

B. A request to withdraw or modify a proposal before bid opening must be legible and in one of the following forms.

(1) Written Request. Written requests for withdrawal of the bid proposal shall be signed by the bidder. Proposals withdrawn in this manner may be modified and resubmitted, but the modifications must be legible and must satisfy all other criteria for changes listed in this Section. Failure to resubmit a modified proposal before the time set for bid opening will result in no bid on behalf of the company that has withdrawn its bid.

(2) Facsimile Communication. Proposals may be modified by facsimile communications at any time prior to the scheduled closing time for receipt of bids, provided such facsimile communications is received by the contracting Department of the City of Fort Smith prior to closing time, and provided further, the Owner is satisfied that a written confirmation of the facsimile modifications over the signature of the Bidder was mailed prior to the closing time. The facsimile communication should not reveal the bid price but should provide the addition or subtraction or other modification so that the final price or terms will not be known by the Owner until the sealed bid is opened. If written confirmation is not received within two days from the closing time, no consideration will be given to the facsimile modification.

102.12 PUBLIC OPENING OF PROPOSALS

Proposals will be opened and read publicly at the time and place indicated in the Advertisement For Bids. Bidders, their authorized agents, and other interested parties are invited to be present.

102.13 DISQUALIFICATION OF BIDDERS

Only one proposal from an individual, firm, partnership, or corporation, whether under the same or under different names, will be considered. Should it appear to the Owner that any bidder is interested, as principal, in more than one proposal for any one project, all such proposals in which the bidder is interested will be rejected.

A bidder may, however, submit a proposal as principal and also quote as a subcontractor to other principals on the same project provided the quotation as a subcontractor does not exceed 60% of the total bid, and by so doing will not thereby be liable for disqualification.

Furthermore, it is not the intent of this specification to disqualify any proposal because of quotations made by any one subcontractor to more than one principal. Should there be reasonable grounds for believing that collusion or a combination exists, all proposals may be rejected and bidders or participants in such combination or collusion will not be considered in future proposals for the same work.

102.14 MATERIAL GUARANTY

The successful bidder may be required to furnish a complete statement of the origin, composition, and manufacture of any or all materials to be used in the construction of the work together with samples, which samples may be subjected to the tests provided for in these specifications to determine their quality and fitness for the work.

102.15 PROJECT WITHDRAWAL

The City of Fort Smith reserves the right to withdraw a project previously scheduled for letting. In the event of such withdrawal, potential bidders will be notified by the Owner, time permitting. In any case, an announcement will be made before opening bids for such withdrawn project and the unopened bids will be returned to the bidders.

102.16 SUBCONTRACTORS

The bid proposal shall contain the names and addresses of all major material suppliers and subcontractors listing the description of work to be performed by each subcontractor. Acceptance or rejection of the listed subcontractors or suppliers shall be in accordance with subsection 108.01 “Subletting of Contract.”

SECTION 103

AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF PROPOSALS

After the proposals are opened and read, they will be compared on the basis of the bid total, which is the summation of the products obtained by multiplying the approximate quantities shown in the Proposal by the unit bid prices. Errors found in the bidder's extensions will be corrected before release of the final summation. The results of such comparisons will be immediately available to the public.

The Owner reserves the right to reject any or all proposals, to waive technicalities, or to advertise for new proposals.

103.02 AWARD OF CONTRACT

If it is the opinion of the Owner that the Owner’s best interest would be served thereby, the contract shall be awarded, within 60 calendar days after the opening of the proposals, to the lowest bid submitted by a responsible Bidder. The responsibility of the Bidder shall be determined according to the competency investigation provided for in subsection 102.01 “Qualification of Bidders.” A preference of 5% shall be granted to the lowest qualified bid for a Bidder that qualifies as a Firm Resident in the City pursuant to Ordinance No. 50-15. The maximum monetary amount of any preference granted, regardless of the bid amount or percentage of preference, shall be One Hundred Thousand Dollars ($100,000.00). The successful bidder will be notified by letter of the bid acceptance and of the award of the Contract.

The lowest bid shall be determined by deducting any permitted deductive alternates desired to be exercised by the Owner from the base bid. If the determined lowest base bid is greater than the funds appropriated (the funds currently available for the project as determined by the Owner prior to opening of any bids) but is in excess of the amount appropriated by no more than 25% of the amount appropriated, the Owner may negotiate an award with the apparent responsible low Bidder. At any time, the language of this subsection 103.02 shall be interpreted in accordance with controlling Arkansas state law.

103.03 CANCELLATION OF AWARD

The City of Fort Smith reserves the right to cancel the award of any contract at any time before the execution of said contract by all parties without any liability against the City of Fort Smith.

103.04 RETURN OF PROPOSAL GUARANTY

All proposal guaranties in the form of checks, except those of the three lowest bidders, will be returned within three days following the opening and verification of the proposals. The retained proposal guaranties of the three lowest bidders will be returned after the Contract has been executed, or if no award has been made within the allowable time after the date of opening of the bids, upon demand of the Bidder at anytime thereafter, so long as they have not been notified of the acceptance of their bid.

103.05 REQUIREMENT OF PERFORMANCE BONDS, PAYMENT BONDS,

MAINTENANCE BONDS, AND LIABILITY INSURANCE.

A. BONDS. Prior to or simultaneously with the execution of the Contract, the successful bidder shall furnish bonds with approved sureties in the amounts and for the purposes noted below:

(1) Performance and Payment bond or bonds in a sum equal to the full amount of the Contract as security for faithful performance of the contract and for the payment to all persons and entities performing labor on the project or furnishing materials in connection with the project; and,

(2) Guarantee (maintenance bond) in a sum equal to an amount not less than fifty (50) percent of the total construction cost of the project, which bond shall be in effect for a period of twelve (12) months (except as to bonds for Engineering Department projects which shall be in effect for a period of twenty-four (24) months) after substantial completion on the project as security for the satisfaction of the guarantee and warranty of in-service operation of all materials, equipment and work as described in subsection 108.12 “Warranty and Guarantee.”

The bonds shall be in the forms prescribed by the bidding documents and shall be signed by a licensed Arkansas Resident or Non-Resident Agent of the Surety who shall attach to each bond a Power of Attorney supporting the Agent’s signature.

In event the surety or bonding company fails or becomes financially insolvent, the Contractor shall, within five days of such failure, or insolvency, file a new bond in the amount designated by the Owner. The Owner reserves the right to refuse bonds from sureties with a record of unsatisfactory performance under previously accepted bonds.

B. INSURANCE. Before any Work at the site is started, Contractor shall deliver to Owner certificates (and other evidence of insurance requested by Owner) which Contractor is required to purchase and maintain as stated below.

(1) Contractor’s Liability Insurance:

(a) Contractor shall purchase and maintain such commercial general liability and other insurance as is appropriate for the Work being performed and furnished and as will provide protection from claims set forth below which may arise out of or result from Contractor’s performance and furnishing of the Work and Contractor’s other obligations under the Contract Documents, whether it is performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of the Work, or by anyone for whose acts any of them may be liable:

1. Claims under workers’ compensation, disability benefits, and other similar employee benefit acts;

2. Claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor’s employees;

3. Claims for damages because of bodily injury, sickness or disease, or death of any person other that Contractor’s employees;

4. Claims for damages insured by personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by Contractor, or (ii) by any other person for any other reason;

5. Claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom;

6. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, maintenance, or use of any motor vehicle.

(b) The insurance required by this paragraph shall include the specific coverages, and be written for not less than the limits of liability and coverages specified or required by Law, whichever is greater.

1. Workers’ compensation: Statutory

2. Employer’s Liability:

$100,000 Each person

3. Commercial General Liability:

Bodily Injury (including completed Operations and products liability)

$1,000,000 Each occurrence $2,000,000 Annual Aggregate Property Damage $1,000,000 Each occurrence $2,000,000 Annual Aggregate or a combined single limit of $5,000,000

4. Commercial Automobile Liability:

Bodily Injury $500,000 Each person $1,000,000 Each occurrence Property Damage $500,000 Each occurrence or a combined single limit of $1,000,000

5. The insurance specified above, except Workers’ Compensation and

Employer’s Liability, shall be endorsed to include the Owner as additional insureds thereunder.

(c) The commercial general liability insurance shall include completed operations insurance and premises/operations insurance. All of the policies of insurance so required to be purchased and maintained (or the certificates or other evidence thereof) shall contain a provision or endorsement that the coverage afforded will not be cancelled, materially changed, or renewal refused until at least thirty days’ prior written notice has been given to Owner by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when Contractor may be correcting, removing, or replacing defective Work in accordance with section 108.12 “Warranty and Guarantee.” In addition, Contractor shall maintain such completed operations insurance for at least two years after final payment and furnish Owner with evidence of continuation of such insurance at final payment and one year thereafter.

(d) The property damage liability coverage under this policy shall contain no exclusion (commonly referred to as XC&U exclusion) relative to blasting, explosion, collapse of buildings, or damage to underground property. This policy shall provide Broad Form Property Damage coverage.

(e) Owner, its officers, employees, and volunteers, must be expressly covered as insured with respect to liability arising out of the activities by or on behalf of the named insured in connection with this project. The Contractor’s insurance shall be primary as respect to Owner, its officers, employees and volunteers. Any other coverage (insurance or otherwise) available to Owner, its officers, employees and volunteers shall be excess over the insurance requirements contained herein.

(2) Contractual Liability Insurance: The commercial general liability insurance required above shall include contractual liability insurance applicable to Contractor’s obligations under subsection 107.15 “Responsibility for Damage Claims.” The insurance required by this paragraph shall be written for not less than the limits of liability and coverages specified.

(3) Property Insurance: Contractor shall purchase and maintain property insurance upon the Work at the Site to the full insurable value thereof. This insurance shall be completed value form, shall include the interests of Owner, Contractor, Subcontractors, all of whom shall be listed as insured or additional insured parties, shall insure against the perils of fire and extended coverage and shall include “at risk” insurance for physical loss and damage including theft, vandalism and malicious mischief, collapse and water damage, and shall include damages, losses, and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property including but not limited to fees and charges of engineers, architects, attorneys, and other professionals. If not covered under the “all risk” insurance, Contractor shall purchase and maintain similar property insurance on portions of the Work stored on and off the Site or in transit when such portions of the Work are to be included in an Application for Payment.

(4) Waiver of Rights:

(a) Owner and Contractor waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to subsection 103.05B (3) and any other property insurance applicable to the Work, and also waive all such rights against the Subcontractors, and all other parties named as insured in such policies for losses and damages so caused. Each subcontract between Contractor and Subcontractor shall contain similar waiver provisions by the Subcontractor in favor of Owner, Contractor, and all other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by the Owner as trustee or otherwise payable under any policy so issued.

(b) Owner and Contractor intend that any policies provided in response to section

103.05B (3) shall protect all of the parties insured and provide primary coverage of all losses and damages caused by the perils covered thereby. Accordingly, all such policies shall contain provisions to the effect that in the event of payment of any loss or damage, the insurer will have no rights of recovery against any of the parties named as insureds or additional insureds; and if the insurers require separate waiver forms to be signed by any Subcontractor, Contractor shall obtain the same.

(c) Acceptance of Insurance: If Owner has any objection to the coverage afforded by or other provisions of the insurance required to be purchased and maintained by Contractor in accordance with section 103.05B on the basis of its not complying with the Contract Documents, Owner shall notify Contractor in writing thereof within ten days of the date of delivery of such certificates and other evidence of insurance to Owner in accordance with section 103.05B.

Contractor will provide to the Owner such additional information in respect of insurance provided by him as the other may reasonably request.

Failure to furnish the required proof of Liability Insurance with the submission of the Contract signed by the successful bidder shall be just cause for the cancellation of the award and forfeiture of the proposal guaranty, which shall become the property of the City of Fort Smith, not as a penalty, but in liquidation of damages sustained. Failure to furnish notice of cancellation or change in the policy will result in the temporary suspension of work as provided in subsection 108.07 “Temporary Suspension of Work.” Temporary suspension shall remain in effect until proof that the required insurance is in effect is received by the Owner. If no proof of insurance is received within 20 calendar days of the Suspension Order, the Owner may proceed with written notice of default according to subsection 108.11 “Default and Termination of Contract.”

103.06 EXECUTION AND APPROVAL OF CONTRACT

The Contract shall be signed by the successful bidder and returned, together with the required bonds and proof of liability insurance, within 10 business days after written notice of award has been issued.

If the Contract is not executed by the Owner within fifty (50) days following receipt of the signed Contract, bonds, and proof of insurance, the bidder shall have the right to withdraw the bid without penalty. The Contract will not be considered effective until it has been fully executed by all parties to the Contract.

103.07 FAILURE TO EXECUTE CONTRACT

Failure to execute the Contract and file acceptable bonds and proof of liability insurance within 10 days after the written notice of award has been issued to the bidder shall be just cause for the cancellation of the award and forfeiture of the proposal guaranty, which shall become the property of the City of Fort Smith, not as a penalty, but in liquidation of damages sustained. Award may then be made to the next lowest responsible bidder, or the work may be re-advertised and constructed under contract or otherwise, as the Owner may decide. The low bidder who fails to execute the Contract and submit acceptable bonds and proof of liability insurance will not be permitted to bid on any subsequent advertisement of that project.

SECTION 104

SCOPE OF WORK

104.01 INTENT OF CONTRACT

The intent of the Contract is to provide for the construction and completion in every detail of the work described. The Contractor shall furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the Work according to the Plans, Specifications, and terms of the Contract.

Work shown on the plans, but which has no pay item included in the Bid proposal, shall be considered an incidental item and the cost thereof shall be considered included in the contract amount bid for the project.

104.02 IF AND WHERE DIRECTED ITEMS

The Plans and the proposal may specify one or more items to be incorporated into the Project "if and where directed" by the Owner. The Owner shall have sole discretion in determining whether and to what extent such items will be incorporated into the Project. The Owner may order incorporation of such items at any location within the Project and at any time during the work. These items may or may not be located on the Plans. The estimated quantities set out in the proposal for such items are presented solely for the purpose of obtaining a representative bid price. The actual quantities employed may be only a fraction of, or many times the estimated quantities. The Contractor shall make no claim for additional compensation because of any increase, decrease, or elimination of such items.

104.03 CHANGES IN CHARACTER OF WORK AND DIFFERING SITE

CONDITIONS

A. GENERAL. The Owner reserves the right to increase or decrease the extent of the Work or to change the location, gradient, or the dimensions of any part of the Work. Such changes shall not be considered as a waiver of any conditions of the Contract nor invalidate any of the provisions thereof. The Contractor shall perform the work as increased or decreased and no claim shall be made by the Contractor for any loss of anticipated profits because of any alteration or variation between the approximate quantities and the quantities of work as done.

If the altered or added work is of sufficient magnitude as to require additional time to complete the project, such time adjustments may be made in accordance with the provisions of subsection 108.08(d) “Determination of Time of Completion and Extension of Contract Time.”

B. SIGNIFICANT CHANGES IN THE CHARACTER OF WORK. The Owner reserves the right to make, in writing, at any time during the Work, such changes in quantities and such alterations in the Work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate the Contract nor release the Surety, and the Contractor agrees to perform the work as altered.

If the alterations or changes in quantities do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for as provided elsewhere in the Contract.

If the alterations or changes in quantities significantly change the character of the work under the Contract an adjustment, excluding loss of anticipated profits, will be agreed upon prior to the performance of the work.