Specs to Bid - Sager Creek Improvements.pdf

GENERAL REQUIREMENTS AND TECHNICAL SPECIFICATIONS

FOR CONSTRUCTION OF

SAGER CREEK IMPROVEMENTS

in

SILOAM SPRINGS, ARKANSAS

Prepared by:

Freese and Nichols, Inc.

903 N 47th Street, Suite 250

Rogers, Arkansas 72756

(479)-434-1160

Certificate of Authorization No. 493

Renewal Date: December 31, 2026

SPECIFICATIONS SEAL PAGE

in

SILOAM SPRINGS, ARKANSAS

GENERAL/CIVIL

LANDSCAPE ARCHITECTURE

05-19-2026

05-19-2026

Table of Contents 00 01 10 - 1

SLO23859 – Sager Creek Improvements May 2026

00 01 10 TABLE OF CONTENTS

Division/ Section Title

Division 00 Procurement and Contracting Requirements

00 01 10 Table of Contents

00 11 16 Invitation to Bid

00 21 13 Instructions to Offerors

00 41 13 Bid Form

00 41 13.13 Bid Form Exhibit A

00 43 13 Bid Bond

00 45 13 Offeror Prequalification Form

00 52 13 Agreement

00 61 13.13 Performance Bond

00 61 13.16 Payment Bond

00 61 19 Maintenance Bond

00 61 19.13 Maintenance Bond - Requirements

00 72 00 General Conditions

00 73 00 Supplementary Conditions

00 73 16 Insurance Requirements

00 73 73 Statutory Requirements

00 91 13.XX [Addenda, if applicable]

Division 01 General Requirements

01 11 00 Summary of Work

01 26 00 Change Management

01 29 00 Application for Payment Procedures

01 29 01 Measurement and Basis for Payment

01 31 00 Project Management and Coordination

01 31 13 Project Administration

01 33 00 Document Management

01 33 01 Document Register

01 33 02 Shop Drawings

01 33 03 Product Data

01 33 05 Construction Progress Schedule

01 33 06 Graphic Documentation

01 40 00 Quality Management

Table of Contents 00 01 10 - 2

Division/ Section Title

01 50 00 Temporary Controls

01 57 23 Temporary Stormwater Pollution Control

01 70 00 Execution and Closeout Requirements

Division 02 Existing Conditions

02 21 19 Selective Demolition

Division 03 Concrete

03 30 00.01 Cast-In-Place Concrete

03 35 21 Chemically Stained Concrete Paving

03 37 13 Shotcrete

Division 04 Masonry

04 01 20 Stone Masonry Repair

04 05 13 Masonry Mortar

04 43 00 Stone Veneer

Division 05 Metals

05 50 00 Metal Fabrications

05 73 00 Decorative Metal Railings

Division 26 Electrical

26 05 00 Basic Requirements for Electrical Systems

26 05 03 Demolition of Electrical Systems

26 05 06 Temporary Electrical Facilities

26 05 19 Low Voltage Electric Power Conductors and Cables

26 05 26 Grounding and Bonding for Electrical Systems

26 05 33 Raceway for Electrical Systems

26 05 34 Boxes for Electrical Systems

26 05 53 Identification for Electrical Systems

26 56 00 Exterior Lighting

Division 31 Earthwork

31 05 16 Aggregates for Earthwork

31 10 00.01 Site Clearing

31 23 10 Structural Excavation and Backfill

31 23 19.01 Care of Water During Construction

31 25 13.14 Grass for Erosion Control

31 68 13 Rock Anchors

32 01 90.36 Preservation and Protection of Plant Materials

Table of Contents 00 01 10 - 3

Division/ Section Title

32 16 23 Concrete Walks

Division 35 Waterway & Marine Construction

35 70 13 Foundation Preparation

Division 40 Process Integration

40 05 50 Fabricated Gates

END OF SECTION

Invitation to Bid 00 11 16 - 1

00 11 16 INVITATION TO BID

ARTICLE 1 – GENERAL NOTICE

1.01 The City of Siloam Springs, AR (Owner) is requesting Bids for the construction of the following

Project:

1.02 Description of the Work

A. The project includes the following major components:

1. Installation of Care of Water measures (cofferdams, diversions, etc.) as necessary to protect the Work and facilitate construction.

2. Stabilization of a rock overhang with shotcrete and passive rock anchors.

3. Replacement of two sluice gates on the masonry dam.

4. Fabrication and installation of steel debris impact deflection.

5. Repair of the dam crest with shotcrete and reinforcement.

6. Rehabilitation of the Twin Springs landing structure and adjacent park elements as detailed on the Construction Drawings.

7. Stabilization by topsoil and grass of all areas disturbed by construction activities.

ARTICLE 2 – EXAMINATION AND PURCHASE OF DOCUMENTS

2.01 Advertisement and bidding information for the Project can be found at the following procurement website:

https://fnimanager.freese.com

“Sager Creek Improvements” link will take you to the entry on CivCastUSA.com

2.02 Prospective Offerors must register with the procurement website as a plan holder, even if the

Contract Documents are obtained from a plan room or other site. All official notifications, Addenda, and other documents will be offered only through the procurement website.

2.03 The Contract Documents may be downloaded from the procurement website by prospective

Offerors registered as plan holders. Offerors are responsible for ensuring that a complete set of documents, as defined in Section 00 52 13 “Agreement,” are used in the preparation of their

Bids. The documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download does not confer a license or grant permission or authorization for any other use. Authorization to download documents includes the right for

Offerors to print documents for their sole use, provided they pay all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.04 The procurement website will be updated periodically with Addenda, lists of interested parties, reports, or other information relevant to submitting a Bid for the Project.

Invitation to Bid 00 11 16 - 2

ARTICLE 3 – BID PREQUALIFICATION AND PRE-BID CONFERENCE

3.01 It is the Owner’s desire to pre-qualify contractors that have suitable experience for projects of similar type and scope. Bids will only be accepted from Offerors that are prequalified for this contract through Section 00 45 13 Offeror Prequalification Form, have purchased a complete set of Contract Documents, and have attended and signed the Attendance Roster at the Pre-Bid

Conference. In order to be prequalified, prospective Offerors should fully complete Section 00

45 13 Offeror Prequalification Form and submit to Project Design Professional at

Colin.Young@freese.com no later than 5:00 PM on June 2, 2026. Freese and Nichols, Inc. shall review submitted qualification materials and make recommendations to the City regarding bidder prequalification. Final determination regarding bidder qualification, responsiveness, and responsibility shall remain solely with the City. Freese and Nichols, Inc. shall notify the prospective Offeror of approval or disapproval as an Offeror at least three (3) days prior to the mandatory pre-bid meeting.

3.02 A mandatory pre-bid conference for the Project will be held for Offerors and their subcontractors on June 11, 2026 at 10:30 AM at the following location:

Twin Springs Gazebo

304 S Maxwell St

Siloam Springs, Arkansas 72761

3.03 Bids received by Offerors who did not prequalify to attend, did not attend, or did not sign the

Attendance Roster at the mandatory pre-bid conference will be returned unopened when the

Bids are opened.

ARTICLE 4 – SITE TOUR

4.01 A tour of the Site will be held the afternoon of the pre-bid conference. Prospective Offerors attending this site tour are required to arrange their own transportation to the Site. Maps to the

Site will be available at the pre-bid conference. Personal Protective Equipment is highly recommended.

ARTICLE 5 – QUESTIONS REGARDING BIDDING PROCESS OR SOLICITATION DOCUMENTS

5.01 Questions are to be submitted using the question and answer process on the procurement website. All questions must be submitted by 12:00 PM on June 18, 2026 (recommend 96 hours prior to bid opening). Responses to questions posted on the procurement website will be posted for the benefit of all Offerors. A response will be posted for questions by no later than 12:00 PM on June 29, 2026 (72 hours or more before bid opening).

5.02 A response to a question posted on the procurement website that requires modification of the

Contract Documents will be made by Addenda. Modifications to the Contract Documents prior to the award of the Contract can only be made by Addenda. Only answers in Addenda posted on the procurement website will be binding. Oral and other interpretations or clarifications will be without legal effect.

Invitation to Bid 00 11 16 - 3

ARTICLE 6 – BID SECURITY

6.01 Offerors must submit an acceptable Bid Security with their Bids as a guarantee that the

Successful Offeror will enter into a contract for the Project with the Owner within 15 days of

Notice of Award of the Contract. The Bid Security must be payable to City of Siloam Springs, Arkansas in the amount of five (5) percent of the proposed Contract Price. The Successful

Offeror must execute the Contract and bonds on the forms provided in the Contract Documents and provide evidence of insurance as required by the Contract Documents.

6.02 Bid Security may be in the form of a bid bond, irrevocable letter of credit, cashier’s check, or certified check. Checks must be made out to City of Siloam Springs, Arkansas. The bid bond may be submitted on the form provided in Section 00 43 13 “Bid Bond” or Offerors may provide their surety’s standard penal sum bid bond form. The bid bond must reference the Owner and Project by name as identified in this Section.

ARTICLE 7 – DELIVERY OF BIDS

7.01 Sealed Bids must be delivered to the Owner at the address below no later than 02:00 PM on

July 2, 2026 to be accepted. The Bids will be publicly opened and read aloud at this time and place including the names of the Offerors and their Bids. Bids received after this time will be returned unopened. Address Bids to the Owner as follows:

City of Siloam Springs c/o Parks & Recreation Manager

401 W University St

Siloam Springs, Arkansas 72761

Attn: Bid – Sager Creek Improvements

ARTICLE 8 – AWARD OF CONTRACT

8.01 It is the intent of the Owner to award this Contract to the lowest responsible Offeror. The

Owner reserves the right to adopt the most advantageous interpretation of the Bids submitted in the case of ambiguity or lack of clearness in stating bid prices, to reject any or all Bids, and/or waive formalities. Bids will remain subject to acceptance and may not be withdrawn within sixty

(60) days from the date on which Bids are opened.

ARTICLE 9 – PARTICIPATION OF SMALL, MINORITY, AND WOMEN’S BUSINESS ENTERPRISES

9.01 A minority-owned business is defined by Arkansas Code Annotated § 15-4-303 as a business owned by a lawful permanent resident of this State who is:

A. African American

B. American Indian

C. Asian American

D. Hispanic American

E. Pacific Islander American

F. A Service-Disabled Veteran as designated by the United States Department of Veteran

Affairs

Invitation to Bid 00 11 16 - 4

9.02 A women-owned business is defined by Act 1080 of the 91st General Assembly Regular Session

2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this State.

9.03 The Arkansas Economic Development Commission conducts a certification process for minority-owned and women-owned businesses. If certified, the Prospective Contractor’s Certification

Number should be included on the Bid Signature Page or Proposal Signature Page.

9.04 Good Faith efforts to engage the participation of these businesses is encouraged by the Owner.

ARTICLE 10 – OTHER CONTRACT REQUIREMENTS

10.01 Performance and payment bonds will be required for this Project.

10.02 Offerors will be required to show evidence that they are currently licensed as a general contractor by the State of Arkansas.

10.03 Offerors will be required to complete and submit Section 00 45 13 Offeror Prequalification

Form as part of the bid.

10.04 Offerors will be required to review, complete, sign, and submit Section 00 73 73 Statutory

Requirements as part of the bid.

Instructions to Offerors 00 21 13 - 1

00 21 13 INSTRUCTIONS TO OFFERORS

ARTICLE 1 – DEFINED TERMS

1.01 The terms used in these Instructions to Offerors have the meanings assigned to them in the

General Conditions and Supplementary Conditions.

ARTICLE 2 – RECEIPT OF BIDS

2.01 Refer to Section 00 11 16 “Invitation to Bid” for information on receipt of Bids.

ARTICLE 3 – COPIES OF CONTRACT DOCUMENTS

3.01 Obtain a complete set of the Contract Documents as indicated in Section 00 52 13 “Agreement.”

3.02 Use complete sets of Contract Documents in preparing Bids. Offeror assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract

Documents.

3.03 Owner makes copies of Contract Documents available for the sole purpose of obtaining Bids for completion of the Project and does not confer a license or grant permission or authorization for any other use.

ARTICLE 4 – PRE-QUALIFICATION OF OFFERORS

4.01 Refer to Section 00 11 16 “Invitation to Bid” for information on prequalification and deadlines.

ARTICLE 5 – EXAMINATION OF THE CONTRACT DOCUMENTS AND THE SITE

5.01 Examine the Contract Documents, the Site, and other information readily available before submitting a Bid.

A. Examine the Contract Documents and supplemental data:

1. Carefully study the Contract Documents.

2. Carefully study supplemental information, including Technical Data, record drawings from previous projects, available utility maps, reports, and studies referenced or made available to the Offeror.

3. Promptly notify the Design Professional of all conflicts, errors, ambiguities, or discrepancies that the Offeror discovers in the Contract Documents, Addenda, and supplemental information.

4. Determine that the Contract Documents, Addenda, and supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work to the degree necessary to prepare a Bid for the Project.

5. Make observations and investigations, correlate knowledge and observations with the requirements of the Contract Documents and consider these in preparation of a Bid for the Project.

B. Become familiar with all federal, state, and local Laws and Regulations that may affect cost, progress, or the completion of Work.

Instructions to Offerors 00 21 13 - 2

C. Visit the Site to become familiar with any general, local, or Site conditions that may affect the cost, progress, or performance of the Work in any manner. The Site is generally accessible to the public. A tour of the Site will be conducted at the mandatory pre-bid conference.

D. Subsurface exploration is not allowed.

E. The submission of a Bid will constitute an incontrovertible representation by the Offeror that the Offeror has complied with every requirement of this Article, and that without exception the Bid is premised on the following:

1. Work will be completed in accordance with the Contract Documents for the Contract

Price within the Contract Times;

2. Offeror has given the Owner and Design Professional written notice of all conflicts, errors, ambiguities, and discrepancies that the Offeror has discovered in the Contract

Documents, Addenda, and the related supplemental data;

3. Written resolutions provided by the Owner and Design Professional are acceptable to the Offeror; and

4. Contract Documents, Addenda, and the related supplemental data are generally sufficient to indicate and convey understanding of all terms and conditions for completion of Work.

ARTICLE 6 – MANDATORY PRE-BID CONFERENCE

6.01 Refer to Section 00 11 16 “Invitation to Bid” for information on prequalification, mandatory pre-bid conference, and other information.

ARTICLE 7 – INTERPRETATIONS

7.01 Submit all questions about the meaning or intent of the Contract Documents, Addenda, and the related supplemental data to the Design Professional using the procurement website as indicated in Section 00 11 16 “Invitation to Bid.”

7.02 Addenda may be issued to clarify, correct, or change the Contract Documents, Addenda, or the related supplemental data as deemed advisable by the Owner or Design Professional.

ARTICLE 8 – BID SECURITY

8.01 Offerors must submit an acceptable bid bond, irrevocable letter of credit, cashier’s check, or certified check as Bid Security with their Bids as required by Section 00 11 16 “Invitation to Bid.”

The acceptable bid bond must be issued by a surety legally authorized to do business in

Arkansas and meet the requirements of the General Conditions. Cashier’s or certified checks must be made payable to the City of Siloam Springs, Arkansas and are to be effective on the day

Bids are submitted and valid for a period of at least sixty (60) days from the date the check is issued.

8.02 Owner may annul the Notice of Award and retain the Bid Security of the apparent Successful

Offeror upon Offeror’s failure to execute and deliver the Agreement or Amendments to the

Agreement.

Instructions to Offerors 00 21 13 - 3

8.03 Bid Securities are to remain in effect until the Contract is executed. Bid bonds will become void when the Contract is awarded or all Bids are rejected. Checks and irrevocable letters of credit will be returned by the Owner when the Contract is executed or all Proposals are rejected.

ARTICLE 9 – CONTRACT TIMES

9.01 See applicable provisions for Contract Times in Section 00 52 13 “Agreement.”

ARTICLE 10 – LIQUIDATED DAMAGES, RETAINAGE, AND INTEREST

10.01 Provisions for liquidated damages and the payment of retainage and interest are set forth in

Section 00 52 13 “Agreement.”

ARTICLE 11 – PREPARATION OF THE BID FORM

11.01 The Bid Form is included with the Contract Documents and is also available at the procurement website. Complete all blanks on the Bid Form by typing or printing in ink. Indicate prices for each item or alternate shown in the Bid Form.

11.02 The unit price governs if a conflict exists between the extended amount derived by multiplying the unit price by the stated quantity of units and the extended amount shown in the Bid Form.

11.03 Execute the Bid Form as indicated in the document and include evidence of authority to sign.

11.04 Acknowledge receipt of all Addenda by filling in the number and date of each Addendum.

Provide a signature as indicated to verify that the Addenda were received. A Bid that does not acknowledge the receipt of all Addenda may be considered non-responsive.

11.05 Provide the name, address, and telephone number of the individual to be contacted for any communications regarding the Bid in the Bid Form.

11.06 Include any required documentation set forth in Section 00 73 73 “Statutory Requirements.”

ARTICLE 12 – CONFIDENTIALITY OF BID INFORMATION AND PROPRIETARY INFORMATION

12.01 All Bids, both successful and unsuccessful, and all contracts and required bonds shall be placed on file and maintained in the main office of the Owner for a period of 5 years from the date of opening of Bids or for a period of 3 years from the date of completion of the Contract, whichever is longer, and shall be open to public inspection and shall be matters of public record.

12.02 All Bid documents pertaining to the Bid become the property of the Owner and are subject to freedom of information laws. See Section 00 73 73 “Statutory Requirements” for further information and directions.

12.03 The Owner has no liability to an Offeror with respect to the disclosure of Offeror’s confidential or proprietary information ordered by a court of competent jurisdiction pursuant to applicable

Laws and Regulations.

ARTICLE 13 – DELIVERY OF BIDS

13.01 Complete and deliver the Bid Form along with all required documents identified in the Bid Form.

Instructions to Offerors 00 21 13 - 4

13.02 Submit the Bid no later than the date and time prescribed and at the place indicated in

Section 00 11 16 “Invitation to Bid.” Enclose the Bid in an opaque sealed envelope plainly marked with the Project name and the name and address of the Offeror, along with the Bid

Security and other required documents. Enclose the sealed envelope containing the Bid in a separate envelope plainly marked on the outside with the notation “BID ENCLOSED” if the Bid is sent by mail or other delivery system. Address the outer envelope to the mailing address shown in Section 00 11 16 “Invitation to Bid.” Offeror assumes full responsibility for ensuring that the

Bid arrives at the prescribed location before the prescribed time.

ARTICLE 14 – MODIFICATION OR WITHDRAWAL OF BIDS

14.01 Modify or withdraw a Bid using a document executed in the same manner that a Bid must be executed. Deliver the document to the place where Bids are to be submitted prior to the date and time for the opening of Bids.

14.02 See Section 00 73 73 “Statutory Requirements” for applicable Laws and Regulations.

ARTICLE 15 – OPENING OF BIDS

15.01 Bids will be opened at the time and place indicated in Section 00 11 16 “Invitation to Bid.” The

Owner will publicly acknowledge receipt of Bids received in time to be considered and then open and read aloud the names of the Offerors and the amount bid as required by applicable

Laws and Regulations.

ARTICLE 16 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE

16.01 All Bids will remain subject to acceptance for the number of days specified in Section 00 11 16

“Invitation to Bid.” The Owner may, at its sole discretion, release any Bid and return the Bid

Security prior to the end of this period.

ARTICLE 17 – EVALUATION OF BIDS

17.01 The Owner will consider the proposed Contract Price and Contract Times and the qualifications of the Offerors to determine the lowest responsible Offeror. Evaluation will be pursuant to applicable Laws and Regulations, and may consider the following criteria:

A. Offeror's qualifications and ability to demonstrate current capability to complete the

Project in conformance with the requirements of the Contract Documents.

B. Compliance of the Bids with requirements of the Contract Documents.

C. Alternates and unit prices (if requested in the bid forms).

D. The amount bid.

17.02 Owner may conduct such investigations as it deems necessary to establish the responsibility, qualifications, and financial ability of consultants, individuals, or entities proposed to furnish parts of the Work in accordance with the Contract Documents.

17.03 Each Offeror agrees to waive any claim it has or may have against the City of Siloam Springs, members of Freese and Nichols, Inc. and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any Bid.

Instructions to Offerors 00 21 13 - 5

ARTICLE 18 – AWARD OF CONTRACT

18.01 Owner reserves the right to reject any and all Bids, including without limitation, non-conforming, non-responsive, or conditional Bids. The Owner may also reject the Bid of any

Offeror if the Owner believes that it would not be in the best interest of the Owner to make an award to that Offeror. The Owner reserves the right to waive all formalities. Award will be pursuant to applicable Laws and Regulations.

ARTICLE 19 – BONDS AND INSURANCE

19.01 The General Conditions and Section 00 73 16 “Insurance Requirements” set forth the Owner’s requirements as to bonds and insurance. When the Successful Offeror delivers the executed

Agreement to the Owner, it must be accompanied by the performance and payment bonds, required evidence of insurance, and any other documentation required under Section 00 73 73

“Statutory Requirements.”

ARTICLE 20 – SIGNING OF THE AGREEMENT

20.01 The Notice of Award to the Successful Offeror will be accompanied by the unsigned Agreement with the other Contract Documents. The Successful Offeror must sign and deliver the

Agreement and other Contract Documents to the Owner within fifteen (15) days. The Owner will furnish one copy of the executed Contract Documents in electronic portable document format

(PDF) to the Successful Offeror within ten (10) days after receiving the signed documents from the Successful Offeror.

ARTICLE 21 – SALES AND USE TAXES

21.01 Offerors will be required to comply with applicable state Laws and Regulations related to the payment of sales and use taxes for this Project. Offerors shall include all applicable sales and use taxes and other related costs in their Bids.

Bid Form 00 41 13 - 1

00 41 13 BID FORM

ARTICLE 1 – BID RECIPIENT

1.01 The Offeror submits this Bid to Owner for the construction of the following project:

SAGER CREEK IMPROVEMENTS

ARTICLE 2 – OFFEROR’S ACKNOWLEDGMENTS

2.01 Offeror proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner on the form included in the Contract Documents, to perform all Work specified or indicated in

Contract Documents for the Contract Price indicated in this Bid or as modified by Contract

Amendment. Offeror agrees to complete the Work within the Contract Times established in the

Agreement or as modified by Contract Amendment and comply with all other terms and conditions of the Contract Documents.

2.02 Offeror accepts all of the terms and conditions of Section 00 11 16 “Invitation to Bid” and

Section 00 21 13 “Instructions to Offerors” including those dealing with required bonds.

2.03 Offeror accepts the provisions of the Agreement as to liquidated damages in the event of its failure to complete Work in accordance with the schedule set forth in the Agreement.

2.04 Offeror accepts all terms and conditions of Section 00 73 73 “Statutory Requirements.”

2.05 Offeror acknowledges receipt of the following Addenda:

Addendum No. Addendum Date Signature Acknowledging Receipt

ARTICLE 3 – OFFEROR’S REPRESENTATIONS

3.01 The Offeror is licensed as a general contractor in the state in which this project is located.

3.02 The Offeror has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

3.03 The Offeror has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

3.04 The Offeror is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work.

3.05 The Offeror has carefully studied the following Site-related reports and drawings as identified in the Supplementary Conditions:

A. Drawings of physical conditions relating to existing surface or subsurface structures at the

Site;

B. Technical Data related to each of these reports and drawings.

Bid Form 00 41 13 - 2

3.06 The Offeror has considered the:

A. Information known to Offeror;

B. Information commonly known to contractors doing business in the locality of the Site;

C. Information and observations obtained from visits to the Site; and

D. The Contract Documents.

3.07 The Offeror has considered the items identified in this Article with respect to the effect of such information, observations, and documents on:

A. The cost, progress, and performance of the Work;

B. The means, methods, techniques, sequences, and procedures of construction to be employed by Offeror; and

C. Offeror’s safety precautions and programs.

3.08 The Offeror agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract

Times, and in accordance with the other terms and conditions of the Contract Documents based on the information and observations referred to in the preceding paragraphs.

3.09 The Offeror is aware of the general nature of Work to be performed by Owner and others at the

Site that relates to the Work as indicated in the Contract Documents.

3.10 The Offeror has correlated the information known to the Offeror, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the

Contract Documents.

3.11 The Offeror has given the Design Professional written notice of all conflicts, errors, ambiguities, or discrepancies that the Offeror has discovered in the Contract Documents, and the written resolution provided by the Design Professional is acceptable to the Offeror.

3.12 The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

3.13 Offeror’s submittal of a Bid constitutes an incontrovertible representation that, without exception, all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 4 – BASIS OF OFFER

4.01 Offeror will complete the Work in accordance with the Contract Documents at the unit prices shown in the attached in Section 00 41 13.13 “Bid Form Exhibit A”:

A. Extended amounts have been computed in accordance with Article 13 of the General

Conditions.

B. Offeror acknowledges that the estimated quantities on unit price items are not guaranteed, and final payment for all Unit Price items will be based on actual quantities provided, measured as provided in the Contract Documents.

C. Unit Prices will be used to compute the actual bid price.

Bid Form 00 41 13 - 3

ARTICLE 5 – TIME OF COMPLETION

5.01 Offeror agrees that the Work will be Substantially Complete and will be completed and ready for final payment in accordance with Article 15 of the General Conditions within the number of calendar days indicated in Section 00 52 13 “Agreement”.

ARTICLE 6 – ATTACHMENTS TO THIS BID

6.01 The following documents are attached to and made a condition of this Bid:

A. Section 00 41 13.13 “Bid Form Exhibit A.”

B. Section 00 43 13 “Bid Bond.”

C. Documents and acknowledgements required by 00 73 73 “Statutory Requirements.”

ARTICLE 7 – VENUE

7.01 Offeror agrees that venue lies exclusively in the county and state of the project for any legal action.

ARTICLE 8 – BID DELIVERY

8.01 This Bid is offered by:

Offeror:

(typed or printed name of organization)

Signature:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed

Address for giving notices:

Phone: Email:

(Attach evidence of authority to sign if Offeror is a corporation, partnership, or a joint venture.)

Project: Project No.:

Owner:

Design

Professional:

SLO23859

Offeror:

Item No. Specification # Item Description Unit Estimated

Quantity Unit Price Extended Amount

1 MOBILIZATION AND DEMOBILIZATION LS 1

2 01 57 23 SEDIMENTATION AND EROSION CONTROLS LS 1

3 31 23 19.01 CARE OF WATER DURING CONSTRUCTION LS 1

4 31 10 00.01 SITE CLEARING LS 1

5 31 25 13.14 GRASSING FOR EROSION CONTROL AC 1

6 03 37 13 SURFACE PREPARATION LS 1

7 03 37 13 SHOTCRETE, ROCK OVERHANG CY 100

8 31 68 13 ROCK ANCHORS, PASSIVE EA 50

9 03 37 13 SHOTCRETE, DAM REPAIR CF 180

10 05 50 00 GATE PROTECTION LS 1

11 40 05 50 GATE REPLACEMENT EA 2

12 02 41 19 SELECTIVE DEMOLITION, CONCRETE SF 658

13 02 41 19 SELECTIVE DEMOLITION, STONE RETAINING WALL TON 17

14 02 41 19 REMOVE LANDSCAPE MATERIAL SF 195

15 02 41 19 REMOVE STONE STEPS EA 2

16 02 41 19 REMOVE AND REINSTALL BAR TOP EA 1

17 02 41 19, 05 73 00 REMOVE AND REINSTALL HANDRAILS LS 1

18 02 41 19 REMOVE AND SALVAGE WOODEN SCREEN EA 1

19 03 37 13 WEST LANDING STAIR REPAIR LS 1

20 RE: DRAWINGS STONE STEPS EA 3.0

21 03 30 00.01 CONCRETE, TWIN SPRINGS LS 1.0

22 04 01 20, 04 05 13 SELECTIVE WALL REPAIR, STONE MASONRY SF 835.0

23 04 05 13, 04 43 00 STONE VENEER SF 10.0

24 RE: DRAWINGS FLAGSTONE PAVERS (EAST) SY 25.0

25 RE: DRAWINGS FLAGSTONE PAVERS (WEST) SY 5.0

26 RE: DRAWINGS BOULDERS TON 12.0

27 RE: DRAWINGS DECORATIVE SCUPPERS LS 1.0

28 RE: DRAWINGS DECORATIVE TRENCH GRATING LS 1.0

29 RE: DRAWINGS DECORATIVE METAL INLAY LS 1.0

30 RE: DRAWINGS BENCH EA 1.0

31 32 23 10 EXCAVATION CY 20.0

32 32 23 10 STRUCTURAL BACKFILL CY 15.0

33 35 70 13 DENTAL CONCRETE CY 16.0

34 DIV. 26 ELECTRICAL IMPROVEMENTS LS 1.0

PROJECT GENERAL

ROCK OVERHANG

DAM REPAIR

SAGER CREEK IMPROVEMENTS

CITY OF SILOAM SPRINGS, ARKANSAS

FREESE AND NICHOLS, INC.

00 41 13.13 Bid Form Exhibit A - Revised 05/18/26

Items in Base Bid (excluding Allowances) per Section 01 29 01 "Measurement and Basis for Payment"

Base Bid

Total Base Bid Items Amount (Sum of Extended Amounts for each Base Bid Line Item) written in numbers:

TWIN SPRINGS LANDING REHABILITATION

Total

Total Total Base Bid Items Amount (Sum of Extended Amounts for each Base Bid Line Item) written in words:

Bid Form Exhibit A

SLO23859 - Sager Creek Improvements

00 41 16-1

Item No. Specification # Item Description Unit Estimated

Quantity Unit Price Extended Amount

Offeror:

Printed Name:

Title:

Date:

BID SUBMITTED BY:

Signature:

Bid Form Exhibit A

SLO23859 - Sager Creek Improvements

00 41 16-2

Bid Bond 00 43 13 - 1

00 43 13 BID BOND

Offeror as Principal Surety

Name: Name:

Mailing address (principal place of business): Mailing address (principal place of business):

Owner Physical address (principal place of business):

Name: City of Siloam Springs

Mailing address (principal place of business):

P.O. Box 80

Siloam Springs, Arkansas 72761 Telephone (Main):

Telephone (Claims):

Contract Surety’s state of incorporation:

Project name and number: By submitting this bond, Surety affirms it is authorized to do business and licensed to execute bonds in the state of the project.

Local Agent for Surety

Bid/Proposal Due Date: Name:

Bond Company:

Contract Price Offered: Mailing address (principal place of business):

Penal Sum of Bond:

5% of Contract Price offered

Date of Bond:

Telephone (Main):

Bid Bond 00 43 13 - 2

Surety and Offeror, intending to be legally bound by this bond, do each cause this bond to be duly executed on its behalf by its authorized officer, agent, or representative. The Offeror and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond. The condition of this obligation is such that if Owner accepts Offeror’s Bid or

Proposal and Offeror delivers the executed Agreement and the required bonds and evidence of insurance within the time stipulated in the Bidding or Proposal Documents this obligation is null and void. Payment under this bond will be due and payable upon default by Offeror and within 30 calendar days after receipt by Offeror and Surety of written notice of default from Owner. Venue lies exclusively in the county and state in which the project is located for any legal action.

Offeror as Principal Surety

Signature: Signature:

Name: Name:

Title: Title:

Email: Email:

(Attach Power of Attorney)

00 45 13 Offeror Prequalification Form 00 45 13- 1

00 45 13 OFFEROR PREQUALIFICATION FORM

ARTICLE 1 – GENERAL AND REQUIREMENTS

1.01 Owner: City of Siloam Springs, Arkansas

1.02 Project Title: Sager Creek Improvements

1.03 Offerors shall complete this form and submit it to Design Professional Freese and Nichols, Inc., at Colin.Young@freese.com. Deadline for submitting this Section is referenced in Section 00

11 16 Invitations to Bid, Article 3.01. Offerors shall provide evidence to demonstrate Similar

Project experience by providing four (4) Similar Projects that have been completed in the past seven (7) years by Offeror and its named Subcontractors. At least two (2) Similar Projects must have been completed by Offeror. It is at the discretion of the Offeror to provide the four (4)

Similar Projects that demonstrate the required experience. Please append additional pages to complete the fields, if necessary. Please do not send Project-Specific reports, data, pay applications, or other Contract Documents related to other Projects. Redact all confidential information.

1.04 Required Experience Criteria: Similar Projects include repair of hydraulic structures (concrete and/or masonry dams, slide gates, spillways, etc.), projects that involve cofferdams and control of water, installation of passive anchors in rock-like materials, shotcrete applied to rock and concrete structures, restoration of historic structures, mortared stone work, and placement of reinforced concrete.

ARTICLE 2 – OFFEROR INFORMATION

Offeror:

(typed or printed name of organization)

Contact Name and Title:

(typed or printed)

Business Address:

Email: ______________________________ Phone:

Years Experience as a General Contractor:

ARTICLE 3 – SIMILAR PROJECTS

3.01 Similar Project 1:

Requirement Offeror Response

State in which Project was located

00 45 13 Offeror Prequalification Form 00 45 13- 2

Name of Project

Name of Project Owner

Name of Owner primary contact, business address, telephone number and email address

Was your firm the prime

Contractor or the Subcontractor on the Project?

Provide a brief description of project scope to demonstrate

Similar Project requirements

Original Contract Value

Final Contract Value

Project Completion Date

Were there any contract disputes?

(Yes or No.) If yes, please indicate how many and resolution method.

Were there time-based change orders? (Yes or No.) If yes, what was the total number of change orders about time and what was the cumulative number of calendar days impacted?

Were there cost-based change was the total number of change orders about cost and what was the cumulative dollar amount?

3.02 Similar Project 2

State in which Project was located

Name of Project

Name of Project Owner

Name of Owner primary contact, 00 45 13 Offeror Prequalification Form 00 45 13- 3

Provide a brief description of

Project Completion Date

Were there any contract disputes?

was the total number of change orders about time and what was was the total number of change

3.03 Similar Project 3

State in which Project was located

Name of Project

Name of Project Owner

Name of Owner primary contact, Project Completion Date

Were there any contract disputes?

00 45 13 Offeror Prequalification Form 00 45 13- 4

Were there time-based change orders? (Yes or No.) If yes, what was the total number of change orders about time and what was was the total number of change

3.04 Similar Project 4

State in which Project was located

Name of Project

Name of Project Owner

Name of Owner primary contact, Project Completion Date

Were there any contract disputes?

was the total number of change orders about time and what was was the total number of change

00 45 13 Offeror Prequalification Form 00 45 13- 5

Agreement 00 52 13 - 1

00 52 13 AGREEMENT

This Agreement is between City of Siloam Springs, Arkansas (Owner) and [name of Contractor to be inserted at time of contract execution] (Contractor).

Owner and Contractor agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The

Work is designated as follows:

SAGER CREEK IMPROVEMENTS

ARTICLE 2 – DESIGN PROFESSIONAL

2.01 The Design Professional for this Project is:

Colin J. Young, P.E.

903 N 47th Street, Suite 250

Rogers, AR 72756

Colin.Young@freese.com

479-434-1160

ARTICLE 3 – CONTRACT TIMES

3.01 Contract Times

A. The Contractor is authorized to begin Work on the date indicated in the Notice to Proceed but must commence Work no later than thirty (30) days of the date indicated.

B. The Work is required to be substantially complete within one hundred and eighty (180) calendar days after the date when the Contract Times commence to run as provided in the

General Conditions and complete and ready for final payment in accordance with the

General Conditions within thirty (30) days after the date of Substantial Completion.

3.02 Liquidated Damages

A. Owner and Contractor recognize that the Contract Times specified for Substantial

Completion and Final Completion are of the essence in the Contract. Owner and Contractor recognize that the Owner will suffer financial loss if the Work is not completed within the

Contract Times specified in this Agreement and may be adjusted in accordance with the

General Conditions. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by

Owner if the Work is not completed within the Contract Times. Accordingly, instead of requiring proof of the amount of these damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):

1. Contractor agrees to pay Owner $1,500 for each day that expires after the time specified in this Agreement for Substantial Completion until the Work is substantially complete.

Agreement 00 52 13 - 2

2. Contractor agrees to pay Owner $1,500 for each day that expires after the time specified in this Agreement for Final Completion until the Work is completed and ready for final payment in accordance with the General Conditions.

B. Liquidated damages for failing to timely attain Substantial Completion and Final Completion are not additive and will not be imposed concurrently.

C. Design Professional will determine whether the Work has been completed within the

Contract Times. Assessment of liquidated damages by the Owner does not waive the

Owner’s right to assess or collect additional damages which Owner may sustain by the failure of the Contractor to perform in accordance with the terms of its Contract.

ARTICLE 4 – CONTRACT PRICE

4.01 Owner will pay Contractor for completion of the Work in accordance with the Contract

Documents at the prices shown in Appendix A to this Agreement. The Contract Price has been computed in accordance with the General Conditions. Contractor acknowledges that for unit price items, estimated quantities are not guaranteed and are solely for the purpose of comparing Bids, and that final payment will be based on actual quantities determined in accordance with the Contract Documents.

ARTICLE 5 – PAYMENT PROCEDURES

5.01 Submit Applications for Payment in accordance with the General Conditions. Applications for

Payment will be processed by the Design Professional per Section 01 29 00 “Application for

Payment Procedures.”

5.02 During performance of the Work, Owner will make progress payments according to applicable

Laws and Regulations. See Section 00 73 73 “Statutory Requirements.” Payment is based on the total earned value of Work completed and materials stored in the previous month in accordance with the Schedule of Values established as provided in the General Conditions.

5.03 Payment will be made for the total earned value of Work completed in the previous month after deducting:

A. Retainage calculated per this Agreement;

B. Set-offs determined in accordance with the General Conditions; and

C. The total amount of payments previously made.

5.04 Retainage

A. Progress payments will be made according to 5.02, less the retainage percentage held in accordance with applicable Laws and Regulations. See Section 00 73 73 “Statutory

Requirements.”

B. After a Certificate of Substantial Completion is issued for the Project, or separate usable phase of the Project, upon adequate performance of the Contractor, and with approval of the surety, retainage will be released by the Owner to the Contractor less an amount no greater than 150 percent of the estimated costs to correct any incomplete or Defective

Work as identified, itemized, and attached to the Certificate of Substantial Completion. All remaining funds will be released as each deficiency is satisfactorily completed.

Agreement 00 52 13 - 3

C. Release or reduction in retainage is contingent upon the consent of surety to the reduction in retainage. Submit a Consent of Surety Company to Reduction of or Partial Release of

Retainage form as provided by or approved by the Design Professional.

5.05 Owner will pay the remainder of the Contract Price as recommended by Design Professional in accordance with the General Conditions and applicable Laws and Regulations upon Final

Completion and acceptance of the Work. See Section 00 73 73 “Statutory Requirements.”

ARTICLE 6 – PAYMENT OF INTEREST

6.01 All moneys not paid when due as provided in the General Conditions will earn interest at the rate specified in applicable Laws and Regulations. See Section 00 73 73 “Statutory

Requirements.” Interest accrual will cease upon payment by the Owner.

ARTICLE 7 – CONTRACTOR’S REPRESENTATIONS

7.01 The Contractor makes the following representations:

A. The Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents.

B. The Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the

Work.

C. The Contractor is familiar with Laws and Regulations that may affect cost, progress, and performance of the Work.

D. The Contractor has carefully studied the following Site related reports and drawings as identified in the Supplementary Conditions, if applicable:

1. Drawings of physical conditions relating to existing surface or subsurface structures at the Site;

2. Underground Facilities referenced in reports and Drawings.

3. Technical Data related to each of these reports and drawings.

E. The Contractor has considered the:

1. Information known to Contractor;

2. Information commonly known to contractors doing business in the locality of the Site;

3. Information and observations obtained from visits to the Site; and

4. The Contract Documents.

F. The Contractor has considered the items identified in this Article with respect to the effect of such information, observations, and documents on:

1. The cost, progress, and performance of the Work;

2. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and

3. Contractor’s safety precautions and programs.

Agreement 00 52 13 - 4

G. Based on the information and observations referred to in the preceding paragraphs, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the

Contract Times, and in accordance with the other terms and conditions of the Contract

Documents.

H. The Contractor is aware of the general nature of Work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

I. The Contractor has correlated the information known to the Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the

Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents.

J. The Contractor has given the Design Professional written notice of all conflicts, errors, ambiguities, or discrepancies that the Contractor has discovered in the Contract

Documents, and the written resolution provided by the Design Professional is acceptable to the Contractor.

K. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

L. Contractor’s entry into this Agreement constitutes an incontrovertible representation by

Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 8 – ACCOUNTING RECORD AVAILABILITY

8.01 The Contractor is to establish and maintain, in accordance with generally accepted accounting practices, full and detailed accounting records of materials incorporated into the Project, and labor, tools, materials, and equipment used for the Work, consistent with the requirements of the General Conditions and as necessary for proper financial management under this

Agreement. Subject to prior written notice, provide Owner reasonable access during normal business hours to Contractor’s records, books, correspondence, instructions, drawings, receipts, vouchers, memoranda, and similar data relating to the Cost of the Work and the Contractor’s fee. Preserve all such documents for a period of three (3) years after the final payment by the

Owner.

ARTICLE 9 – VENUE

9.01 Contractor agrees that venue lies exclusively in the county and state of the project for any legal action.

ARTICLE 10 – CONTRACT DOCUMENTS

10.01 Contract Documents

A. Specifications Sections listed in Section 00 01 10 “Table of Contents” except as specifically excluded in Paragraph 10.02.

B. Drawings listed in the Sheet Index on the Drawings.

C. Addenda (Numbers 00 91 13.XX, inclusive)

Agreement 00 52 13 - 5

D. The following are also Contract Documents which may be delivered or issued on or after the Effective Date of the Contract:

1. Notice to Proceed.

2. Contract Amendment(s).

3. Change Order(s).

4. Field Order(s).

5. Work Change Directive(s).

E. There are no Contract Documents other than those listed above in this Paragraph. The

Contract Documents may only be amended, modified, or supplemented as provided in `the

General Conditions.

10.02 Bidding Requirements and Informational Documents:

A. The following Bidding Requirements are not Contract Documents:

1. Section 00 11 16 “Invitation to Bid”

2. Section 00 21 13 “Instructions to Offerors”

3. Section 00 41 13 “Bid Form”

4. Section 00 41 13.13 “Bid Form Exhibit A”

5. Section 00 43 13 “Bid Bond”

6. Section 00 45 13 “Offeror Prequalification Form”

B. The following documents are provided for information only and are not part of the

Contract Documents:

1. Engineering Design Report.

Agreement 00 52 13 - 6

The Effective Date of the Contract is [date to be inserted at the time of contract execution].

Owner: Contractor:

(typed or printed) (typed or printed)

By: By:

(individual’s signature) (individual’s signature)

Name: Name:

(typed or printed) (typed or printed)

Title: Title:

(typed or printed) (typed or printed

(Attach evidence of authority to sign)

Address for giving notice: Address for giving notice:

Designated representative: Designated representative:

Title: Title:

Address: Address:

Phone: Phone:

Email: Email:

Performance Bond 00 61 13.13 - 1

00 61 13.13 PERFORMANCE BOND

Contractor as Principal Surety

Name: City of Siloam Springs, Arkansas

Mailing address (principal place of business):

P.O. Box 80

Siloam Springs, AR 72761 Telephone (Main):

Telephone (Claims):

Contract Surety’s state of incorporation:

Contract No.: By submitting this bond, Surety affirms that it is licensed to provide and execute this bond and authorized to do business in the state in which this Project is located.

Project name and number:

Contract Price: Name:

Effective Date of Contract: Mailing address (principal place of business):

Bond

Bond Amount: 100 percent of Contract Price

(Date of Bond cannot be earlier than Effective Date of Contract) Telephone (Main):

Performance Bond 00 61 13.13 - 2

Surety and Contractor, intending to be legally bound and obligated to Owner, do each cause this performance bond to be duly executed on its behalf by its authorized officer, agent, or representative. The Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally to this bond.