2025.04.10 - City Hall Generator - FINAL.pdf

DATE CREATED: APRIL 2025

CITY OF BOX ELDER, SD

ENGINEERING DEPARTMENT

PROJECT: City Hall Stand-By Electrical Generator

Project No. 24048

ENGINEER: SCOTT LANGE, PE

CITY ENGINEER

CITY OF BOX ELDER

420 VILLA DRIVE

BOX ELDER, SD 57719

BID DATE: May 13, 2025

City of Box Elder, SD Page i

Project Summary 24048

PROJECT SUMMARY

The City of Box Elder is seeking bids from qualified and experienced contractors to install a stand-by diesel generator and all associated equipment at City Hall. This will include delivery of the new generator to the site; removal of the old generator and concrete pad; grading for the new concrete pad; removal of the old natural gas line and closing off the meter; installation of new wiring to current 104-amp Asco 300 series automatic transfer switch; placement of new concrete pad; and placement and installation of a new generator.

BIDS DUE: Tuesday, May 13, 2025, at 2:00 pm

SUBMIT BID TO:

Hand Deliver or Mail: BOX ELDER CITY CLERK

420 VILLA DRIVE

BOX ELDER, SD

605.923.1404

BID BOND (5% of Bid): Required

EXPECTED SCHEDULE:

• PRE-BID MEETING Thursday, May 1, 2025, at 2:00 pm City Hall-420 Villa Drive, Box Elder, SD

• Meeting will be held at the site of the existing external generator.

• BID OPENING May 13, 2025

• PROJECT AWARD BY CITY : June 3, 2025

• NOTICE TO PROCEED: June 5, 2025

• SUBSTANTIAL COMPLETION: April 24, 2026

• FINAL COMPLETION: May 1, 2026

City of Box Elder, SD Page i

Table of Contents 24048

TABLE OF CONTENTS

1. PROJECT SUMMARY i

2. TABLE OF CONTENTS ii

3. ADVERSTISEMENT FOR BID 1

4. INSTRUCTIONS TO BIDDERS 2

5. BIDDING INFORMATION 3

6. CONTRACT AWARD 4

7. BID PROPOSAL 5

8. BID SCHEDULES 7

9. BID BOND 10

10. NOTICE OF AWARD 13

11. AGREEMENT BETWEEN OWNER AND CONTRACTOR 14

12. NOTICE TO PROCEED (SAMPLE) 17

13. PERFORMANCE BOND 18

14. PAYMENT BOND 22

15. CONTRACTORS APPLICATION FOR PAYMENT (SAMPLE) 26

16. SPECIAL PROVISIONS 29

17. BID ITEM DESCRIPTIONS 33

18. APPENDICIES

o APPENDIX I: CERTIFICATION OF PROHIBITED ENTITY 35

STATUS

o APPENDIX II: GENERATOR LOCATION 37

City of Box Elder, SD Page 1

Advertisement for Bid 24048

ADVERTISEMENT FOR BID

The City of Box Elder will be accepting sealed bids for the City Hall Stand-By Electrical

Generator, Project No. 24048, until 2:00 PM local time, May 13, 2025, at the Box Elder

City Hall, 420 Villa Drive, Box Elder, South Dakota, 57719. Bids will be opened at this time and at this location.

The City of Box Elder is seeking bids from qualified and experienced contractors to install a stand-by diesel generator and all associated equipment. This will include delivery of the new generator to the site; removal of the old generator and concrete pad;

removal of earth from the site to expand the opening for the new concrete pad; removal of the old natural gas line and closing off the meter; installation of new wiring to current

104-amp Asco 300 series automatic transfer switch; placement of new concrete pad;

and placement and installation of a new generator. This will ensure City Hall and the

Police Station located inside can continue to provide essential services in the event of electrical power outages.

Bidders shall review the work areas to verify the quantities of work for the project.

Project details, specifications, and bid documents may be obtained at the Box Elder City

Hall, 420 Villa Drive, Box Elder, South Dakota, 57719, or by contacting the City Clerk at

605-923-1404 ext. 213.

An optional pre-bid meeting will be held on May 1, 2025, at 2:00 PM local time at the

City Hall building (420 Villa Drive) at the site of the existing external generator.

Bidders must have access to a current set of City of Box Elder Standard Construction

Specifications, which can be found on the City’s website at https://www.boxeldersd.us/ departments/Engineering All public improvements are required to conform to these specifications and bid prices must reflect these specifications.

Bids may not be withdrawn prior to thirty (30) days after the bid opening. The Owner will award the bid within thirty (30) days after the bid opening.

The Owner has the right to reject any and all bids.

The Owner and Contractor hereby acknowledges that the time of completion of the work is of vital importance, and the Contractor will be required to complete the work within the time stipulated in the contract. Regardless of actual construction start date, all work specified in the contract documents must be substantially completed by April 24, 2026 and complete in every respect and ready for final payment no later than May 1, 2026.

Doug Curry, Larry Larson, City Administrator Mayor

Published two (2) times at the total approximated cost of $

April 17, 2025 April 22, 2025 https://www.boxeldersd.us/%20departments/Engineering https://www.boxeldersd.us/%20departments/Engineering

City of Box Elder, SD Page 2

Instructions to Bidders 24048

INSTRUCTION TO BIDDERS

Bid Proposals shall be submitted to the Box Elder Finance Office no later than 2:00 PM local time, May 13, 2025. Bids shall be submitted in a sealed envelope marked “City

Hall Stand-By Electrical Generator, Project No. 24048”. Bid envelopes shall also bear the name and address of the bidder. If submitted by mail the bid proposal envelope shall be inside a separate mailing envelope addressed to the City of Box Elder, 420 Villa

Drive, Box Elder, South Dakota, 57719. No emailed bid can be accepted.

An optional on-site pre-bid meeting will be held on May 1, 2025, at 2:00 PM at the Box

Elder City Hall, 420 Villa Drive, Box Elder, SD 57719 at the site of the existing external generator.

All Bid Proposals shall be submitted on the project Bid Proposal Form supplied with the contract documents. All spaces for Bid Prices must be filled in, in ink or typewritten, and the Bid Proposal form must be fully completed and executed. In the event of discrepancy between the unit prices quoted and the extended total prices, the unit prices will govern.

In the event of a discrepancy between any numerical price and its written price, the written price will govern.

The Bidder must provide a price for all Bid items shown on the Bid Proposal Form.

The Owner reserves the right to delete or negotiate separate bid items with the low bidder if the total price of the Base Bid work is over the project budget, within the requirements of South Dakota Codified Laws (SDCL).

Each Bid Proposal must be accompanied by a certified check, cashier’s check or bank draft in the amount equal to 5% of the total bid or a bid bond in an amount equal to 5% of the total bid. Such bid security shall be a guarantee that the successful Bidder will enter into a contract with the Owner for the work described within the contract documents and will furnish a surety bond in the amount of one hundred percent (100%) of the awarded contract for performance and payment.

Check or bid bonds submitted with the Bid Proposal will be returned to the bidders after the bid is awarded or within thirty (30) days after the date of the bid opening.

Attorneys-in-fact who sign bid bonds or Payment and Performance Bonds must file with each bond a certified and effective copy of their power-of-attorney.

The Owner reserves the right to accept any Bid that is advantageous to the Owner, waive any informalities or minor defects, and to reject any or all bids. Any Bid may be withdrawn prior to the scheduled time and date for opening of the Bids or authorized postponement thereof. Any Bid received after the time and date specified shall not be considered.

Conditional or qualified bids will not be accepted.

City of Box Elder, SD Page 3

Bidding Information 24048

BIDDING INFORMATION

Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar with the Contract Documents. Bidders must satisfy themselves of the accuracy of the estimated quantities and the Bid Schedule by examination of the site and careful review of the drawings and specifications, including any addenda. The failure or omission of any Bidder to do any of the foregoing shall in no way relieve any Bidder from any obligation in respect to their Bid. After Bids have been submitted, the Bidder shall not assert that there were any misunderstandings concerning the quantities of work to be done and the nature of the work to be done.

Bidders must have access to a current set of City of Box Elder Standard Construction

Specifications, which can be found on the City’s website at https://www.boxeldersd.us/departments/engineering/. All public improvements are required to conform to these specifications and bid prices must reflect these specifications.

The low Bidder shall supply the names and contact information of the major material

Suppliers and Subcontractors if requested by the Owner.

The Owner may make such investigations as is 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 date 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 the Bidder is properly qualified to carry out the obligation of the Agreement and to complete the work contemplated therein.

Method of payment under this contract will be made on a monthly basis until the work is complete. 10% of the final payment amount will be retained until all lien waivers have been filed and the Owner is satisfied all claims for material and labor have been satisfied.

The Contract Documents contain the provisions required for the construction of the project. Information obtained from an officer, agent, or employee of the Owner, or any other person shall not affect the risks of obligations assumed by the Contractor or relieve them from fulfilling any of the conditions of the contract.

https://www.boxeldersd.us/departments/engineering/

City of Box Elder, SD Page 4

Contract Award 24048

CONTRACT AWARD

The Owner intends to award the project to the lowest responsible, qualified Bidder. The successful Bidder will be required to execute the Agreement and obtain Performance and Payment Bonds within ten (10) calendar days from the date the Notice of Award is delivered to the Bidder. The Notice of Award will be accompanied by the necessary

Agreement and Bond forms.

The Owner, within ten (10) calendar days of receipt of acceptable Performance and

Payment Bonds and the properly executed agreement, shall sign the Agreement and return one (1) fully executed copy to the awarded Bidder. Should the Owner not execute the Agreement within such period, the awarded Bidder may, by written notice, withdraw his signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the Owner.

The Owner and Contractor hereby acknowledges that the time of completion of the work is of vital importance, and the Contractor will be required to complete the work within the time stipulated in the contract. Regardless of actual construction start date, all work specified in the contract documents must be substantially completed by April 24, 2026 and complete in every respect and ready for final payment no later than May 1, 2026.

All applicable laws, ordinances, and rules and regulations of all authorities having jurisdiction over the construction of the Project shall apply to the contract throughout.

City of Box Elder, SD Page 5

Bid Proposal 24048

BID PROPOSAL

Bid Proposal submitted to:

City of Box Elder

420 Villa Drive

Box Elder, SD 57719

Bid Proposal for: City Hall Stand-By Electrical Generator, Project No. 24048

The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an

Agreement with the City of Box Elder in the form included in the Bidding Documents for the prices and within the time indicated in this Bid and in accordance with the other terms and conditions on the Bidding Documents.

The Bidder accepts all of the terms and conditions of the Instruction to Bidders, including without limitations those dealing with the disposition of Bid Security. This Bid will remain subject to acceptance for 30 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

In submitting this Bid, Bidder represents that:

1. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

Addendum No. / Date

2. Bidder 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. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from Site visits; Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect on such information, observations, and documents on the (1) cost, progress, and performance of the Work; (2) the means, methods, techniques, sequence, and procedures of construction to be employed by the Bidder, including applying specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidders safety precautions and programs.

5. Based on the information and observations the Bidder does not consider that further examinations, investigation, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the prices bid and within the time required, and in accordance with the other terms and conditions of the Bidding Documents.

City of Box Elder, SD Page 6

6. Bidder is aware of the general nature of the Work to be performed by the Owner and others at the Site that relate to the Work as indicated in the Bidding Documents.

7. Bidder has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Owner is acceptable to Bidder.

8. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

9. Bidder will submit written evidence of its authority to do business in the State of South Dakota not later than the date of the execution of the Agreement.

Bidder certifies that;

1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rule of any group, organization, association, or corporation;

2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

3. Bidder has not solicited or induced any individual or entity to refrain from bidding, and

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract.

5. Bidder agrees that the following information is correct:

a. The bidder, in preparing its bid or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by

SDCL 5-18A.

b. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the City to reject the bid or response submitted by the bidder on this project and terminate any contract awarded based on the bid. The successful bidder further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

c. Complete Certification of Prohibited Entity Status and include with bid proposal (See Appendix I).

The Bidder will complete the Work in accordance with the Contract Documents for the following price; total price to include all work associated, indicated, or implied by contract documents for a completed project; lump sum requirements for bid items and alternates to be completed, additional elements may need to be included in bid units provided to accomplish work.

City of Box Elder, SD Page 7

BID PROPOSAL SUMMARY

City Hall Stand-By Electrical Generator, Project No. 24048 (Schedule Total) =

(Words)

(Figures)

The contract award will be based on the lowest qualified bid. It is understood the City of Box Elder has the option to accept any or all Bids at its discretion. Bidders may not condition their Bids.

Bidders acknowledge the estimated quantities are not guaranteed and are solely for the purpose of comparison of Bids. The final payment for all unit price items will be based on the actual in-place quantity of items installed based upon field measurements and truck weight tickets.

Bidder understands time is of the essence for completion of the work and acknowledges the Work will be completed and ready for final payment on or before the completion date in accordance with Contract Documents. Bidder accepts the provisions of the

Agreement of liquidated damages in the amount of FIVE HUNDRED ($500) per calendar day for failure to complete on time.

Corporation Name: (Corporate Seal)

State of Incorporation:

Type:

General Business, Professional, Service, Limited Liability

By:

BID SCHEDULE

ITEM

NO. ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL PRICE

1 MOBILIZATION LUMP SUM 1

2 DIESEL STANDBY GENERATOR EACH 1

3 TRANSFER SWITCH EACH 1

4 INSTALLATION EACH 1

City of Box Elder, SD Page 8

Signature

Name (typed or printed):

Title:

Attest:

Bidder’s Business Address:

Telephone No.: FAX No.

Contact E-mail:

SUBMITTED on , 2024

Joint Venture (Each joint venturer must sign):

Name of Joint Venture: __________________________________________________

First Joint Venturer Name: (Seal)

Signature of first joint venture partner—attach evidence of authority to sign

City of Box Elder, SD Page 9

Second Joint Venturer Name: Seal)

Signature of second joint venture partner—attach evidence of authority to sign

SUBMITTED on , 2024

City of Box Elder, SD Page 10

Bid Bond 24048

BID BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

BIDDER (Name and Address):

SURETY (Name and Address of Principal Place of Business):

OWNER (Name and Address): City of Box Elder

Box Elder, SD 57719

BID

Bid Due Date: May 13, 2025, 2:00 PM

Description: City Hall Stand-By Electrical Generator, Project No. 24048

BOND

Bond Number:

Date (Not earlier than Bid due date):

Penal Sum $

Figures:

Words:

Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

City of Box Elder, SD Page 11

CONTRACTOR AS PRINCIPAL

SURETY

(Seal) (Seal)

Contractor's Name and Corporate Seal Surety's Name and Corporate Seal

By: By:

Signature (Attach Power of Att.)

Print Name

Print Name

Title

Attest: Attest:

Note: Provide execution by additional parties, such as joint venturers, if necessary.

Bidder and Surety, Jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of the penal sum is the extent of

Surety’s liability.

Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) or the executed Agreement or any performance and payment bonds required by the

Bidding Documents. This obligation shall be null and void if:

1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

2. All Bids are rejected by Owner, or

3. Owner fails to issue a Notice of Award within the time period specified in the

Bidding Documents (or any extension thereof agreed upon to in writing by Bidder and if applicable, consented to by Surety when required below).

City of Box Elder, SD Page 12

Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying the Bond and the

Project and including a statement of the amount due.

Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written consent.

No suit of action shall be commended under this Bond prior to 30 calendar days after the notice of default, as stated above is, is received by Bidder and Surety, and in no case later than one (1) year after Bid due date. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in the State of South

Dakota.

Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notice may be sent by personal delivery, commercial courier, or by United States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective upon receipt by the party concerned.

Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

This Bond is intended to conform to all applicable statutory requirements. A requirement of any applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.

The term “Bid” as used herein includes a Bid, or proposal as applicable.

City of Box Elder, SD Page 13

Notice of Award 24048

NOTICE OF AWARD

Date:

Owner: City of Box Elder Contractor:

Address: 420 Villa Drive Address:

Box Elder, SD 57719

Project Name: City Hall Stand-By Electrical Generator, Project No. 24048

Project Location: Box Elder, South Dakota

You are hereby notified that your Bid dated for the above-named project has been considered. You are the Successful Bidder and are awarded a Contract for

Construction for this project.

Install a stand-by diesel generator and all associated equipment. This will include delivery of the new generator to the side; removal of the old generator and concrete pad;

removal of earth from the site to expand the opening for the new concrete pad; removal of the old natural gas line and closing off the meter; installation of new wiring to current

104-amp Asco 300 series automatic transfer switch; placement of new concrete pad;

and placement and installation of a new generator. This will ensure City Hall and the

Police Station located inside can continue to provide essential services in the event of electrical power outages.

The Total Price of your Contract is $

Sets of Drawings and Specifications will be made available to you for your use.

You must comply with the following conditions precedent within ten (10) days of the date you receive this Notice of Award.

1. Deliver to the Owner three (3) signed originals of the Contract for Construction for Owner’s signature.

2. Deliver with the executed Contract the Performance and Payment Bonds as specified in the Contract Documents.

3. Deliver with the executed Contract and Bonds a copy of your Certificate of Insurance.

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award and declare your Bid security forfeited.

Within ten (10) days after you comply with the above conditions, Owner will return to you one (1) fully executed counterpart of the Contract for Construction.

Owner: City of Box Elder Contractor:

Authorized Signature Authorized Signature

Title Title

Date Date

City of Box Elder, SD Page 14

Agreement 24048

AGREEMENT BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT dated the day of 2025 is by and between the City of Box Elder (“Owner “) and (“Contractor”).

Owner and Contractor hereby agree as follows:

The Contractor shall complete all Work as specified or indicated within the Contract

Documents for City Hall Stand-By Electrical Generator, Project No. 24048. The Work is generally described as:

Install a stand-by diesel generator and all associated equipment. This will include delivery of the new generator to the side; removal of the old generator and concrete pad;

removal of earth from the site to expand the opening for the new concrete pad; removal of the old natural gas line and closing off the meter; installation of new wiring to current

104-amp Asco 300 series automatic transfer switch; placement of new concrete pad;

and placement and installation of a new generator. This will ensure City Hall and the

Police Station located inside can continue to provide essential services in the event of electrical power outages.

The Owner and Contractor hereby acknowledges that the time of completion of the work is of vital importance, and the Contractor will be required to complete the work within the time stipulated in the contract. All work specified in the contract documents must be substantially completed by April 24, 2026 and complete in every respect and ready for final payment no later than May 1, 2026.

The parties also recognize that delays in the project completion represent a financial loss to the Owner and as such the Contractor agrees to pay to the Owner a sum of FIVE

HUNDRED DOLLARS ($500) per each calendar day for each and every day past the completion date that the work remains uncompleted. Completion of the work shall consist of all specified work and all incidental work obviously necessary for the proper completion and cleanup of the work.

Payment for the work shall be made on a monthly basis until the work is complete, based upon the actual quantities of each bid item installed per the Contract Documents.

In order to induce the Owner to enter into this Agreement, the Contractor makes the following representations:

1. The Contractor has examined and carefully studied the Contract Documents and the other related data identified within the Contract Documents.

2. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and site conditions that may affect costs, progress, and performance of the Work.

3. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has considered the information known to Contractor, information commonly known to contractors doing business in the locality of the City of Box Elder; information and observations obtained from visits to the Site; the Contract Documents with respect to the effect of such information, observations, and

City of Box Elder, SD Page 15 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, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Contract Documents; and (3) Contractor’s safety precautions and programs.

5. Based upon the information and observations referred to herein, Contractor does not consider that further examinations, investigation, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Time, and in accordance with the other terms and conditions of the Contract Documents.

6. Contractor agrees to warrantee the work against defects in material and workmanship for a period of two (2) years after the date of final payment.

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

8. Contractor has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Contractor.

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

The Contract Documents consist of the following:

1. Advertisement for Bid

2. Scope of Work

3. Instructions to Bidders

4. Contractor’s Bid Proposal

5. Bid Bond

6. Notice of Award

7. This Agreement

8. Payment Bond

9. Performance Bond

10. The project Specifications

11. Any Addenda issued by the Owner

12. Any Documents that may be issued on or after the Effective Date of the

Agreement and are not attached hereto such as:

a. Notice to Proceed

b. Work Change Directive

c. Shop Drawing Transmittals

d. Change Orders

e. Applications for Payment

f. Lien Waivers

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

Counterparts have been delivered to Owner and Contractor. All portions of the Contract

Documents have been signed or have been identified by Owner and Contractor or on their behalf.

City of Box Elder, SD Page 16

This Agreement will be effective on 2025

(Effective Date of the Agreement)

OWNER: City of Box Elder CONTRACTOR

Title: Title:

Address for giving Notices: Address for giving Notices:

City of Box Elder, SD Page 17

Notice to Proceed 24048

NOTICE TO PROCEED

Date:

Owner: City of Box Elder Contractor:

Address: 420 Villa Drive Address:

Project Name: City Hall Stand-By Electrical Generator, Project No. 24048

Project Location: Box Elder, South Dakota

You are hereby notified that the Contract Time under the above Contract will commence to run on 2025. On or before that date, you are to start performing your obligation under the Contract Documents. In accordance with the Agreement, all work specified in the contract documents must be substantially completed by April 24, 2026, and final Completion for all work is May 1, 2026.

Before you may start any Work at the Site you must deliver to the Owner;

1. Certificates of insurance which you are required to purchase and maintain in accordance with the Contract Documents.

2. Schedule a preconstruction conference with the Owner a minimum of two (2) weeks prior to starting work. You will be required to submit a project schedule, temporary traffic control plan and a stormwater prevention plan (SWPP) for the work to be performed under this contract at the preconstruction conference.

3. Prior to scheduling preconstruction conference, all submittals must be received and approved by engineers.

Acknowledged by:

Owner: City of Box Elder Contractor:

Authorized Signature Authorized Signature

Title: Title:

Date: Date:

City of Box Elder, SD Page 18

Performance Bond 24048

PERFORMANCE BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

Box Elder, SD 57719

BID

Bid Due Date: May 13, 2026

Description: The City of Box Elder is seeking bids from qualified and experienced contractors to install a stand-by diesel generator and all associated equipment at

City Hall. This will include delivery of the new generator to the site; removal of the old generator and concrete pad; grading for the new concrete pad; removal of the old natural gas line and closing off the meter; installation of new wiring to current

104-amp Asco 300 series automatic transfer switch; placement of new concrete pad; and placement and installation of a new generator.

Date (Not earlier than Bid due date):

below, do each cause this Performance Bond to be duly executed by an authorized officer, agent, or representative.

City of Box Elder, SD Page 19

CONTRACTOR

Signature Signature (Attach Power of Att.)

Print Name Print Name

Signature Signature

1. If Contractor performs the Contract, Surety and Contractor have no obligation under this

Bond, except to participate in conferences as provided in Paragraph 2.1.

2. If there is no Owner Default, Surety's obligation under this Bond shall arise after:

2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with Contractor and Surety to be held not later than 15 days after receipt of such notice to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive Owner's right, if any, subsequently to declare a Contractor Default; and

2.2 Owner has declared a Contractor Default and formally terminated Contractor's right to complete the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor and Surety have received notice as provided in Paragraph 2.1;

and

2.3 Owner has agreed to pay the Balance of the Contract Price to:

1. Surety in accordance with the terms of the Contract; or

2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.

3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety's expense, take one of the following actions:

3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract;

or

3.2 Undertake to perform and complete the Contract itself, through its agents or through independent contractors; or

3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract for performance and completion of the Contract, arrange for a contract to be prepared for execution by Owner and Contractor selected with Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the Contract Price incurred by Owner resulting from Contractor Default; or

City of Box Elder, SD Page 20

3.4 Waives its right to perform and complete, arrange for completion, or obtain a new Contractor, and with reasonable promptness under the circumstances:

1. After investigation, determine the amount for which it may be liable to Owner and, as soon as practicable after the amount is determined, tender payment therefor to Owner; or

2. Deny liability in whole or in part and notify Owner citing reasons therefore.

4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be entitled to enforce any remedy available to Owner.

5. After Owner has terminated Contractor's right to complete the Contract, and if Surety elects to act under Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated without duplication for:

5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;

5.2 Additional legal, design professional, and delay costs resulting from Contractor's

Default, and resulting from the actions of or failure to act of Surety under Paragraph 3;

and

5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages caused by delayed performance or non-performance of Contractor.

6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner or its heirs, executors, administrators, or successors.

7. Surety hereby waives notice of any change, including changes of time, to Contract or to related subcontracts, purchase orders, and other obligations.

8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within two years after Contractor Default or within two years after Contractor ceased working or within two years after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature page.

10. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond.

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11. Definitions.

11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the Contract after all proper adjustments have been made, including allowance to Contractor of any amounts received or to be received by Owner in settlement of insurance or other Claims for damages to which Contractor is entitled, reduced by all valid and proper payments made to or on behalf of Contractor under the Contract.

11.2 Contract: The agreement between Owner and Contractor identified on the signature.

page, including all Contract Documents and changes thereto.

11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Contract.

11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ON Y - (Name, Address, and Telephone) Surety Agency or Broker:

Owner's Representative Engineer or other:

City of Box Elder, SD Page 22

Payment Bond 24048

PAYMENT BOND

Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.

Box Elder, SD 57719

BID

Bid Due Date: May 13, 2025

Description: The City of Box Elder is seeking bids from qualified and experienced contractors to install a stand-by diesel generator and all associated equipment at

City Hall. This will include delivery of the new generator to the site; removal of the old generator and concrete pad; grading for the new concrete pad; removal of the old natural gas line and closing off the meter; installation of new wiring to current

104-amp Asco 300 series automatic transfer switch; placement of new concrete pad; and placement and installation of a new generator.

Date (Not earlier than Bid due date):

below, do each cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.

City of Box Elder, SD Page 23

CONTRACTOR

Signature Signature (Attach Power of Att.)

Print Name Print Name

Signature Signature

1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use in the performance of the Contract, which is incorporated herein by reference.

2. With respect to Owner, this obligation shall be null and void if Contractor:

2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and

2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging nonpayment by Contractor by any person or entity who furnished labor, materials, or equipment for use in .the performance of the Contract, provided Owner has promptly notified Contractor and Surety (at the addresses described in Paragraph

12) of any claims, demands, liens, or suits and tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided there is no Owner Default.

3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly, for all sums due.

4. Surety shall have no obligation to Claimants under this Bond until:

4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim.

4.2 Claimants who do not have a direct contract with Contractor:

1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to

Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials or equipment were furnished or supplied, or for whom the labor was done or performed; and

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2. Have either received a rejection in whole or in part from Contractor, or not received within 30 days of furnishing the above notice any communication from Contractor by which Contractor had indicated the claim will be paid directly or indirectly; and

3. Not having been paid within the above 30 days, have sent a written notice to Surety

(at the address described in Paragraph 12) and sent a copy, or notice thereof, to

Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to Contractor.

5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is sufficient compliance.

6. Reserved.

7. Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety.

8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner's priority to use the funds for the completion of the Work.

9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond.

10. Surety hereby waives notice of any change, including changes of time, to the contract or to related subcontracts, purchase orders, and other obligations.

11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Contract, whichever of (1 ) or (2) first occurs. If the provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.

12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page.

13. When this Bond has been furnished to comply with a statutory requirement in the location where the Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common law bond.

14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made.

15. Definitions

15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, City of Box Elder, SD Page 25 oil, gasoline, telephone service, or rental equipment used in the Contract, architectural and engineering services required for performance of the Work of Contractor and Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials, or equipment were furnished.

15.2 Contract: The agreement between Owner and Contractor identified on the signature page, including all Contract Documents and changes thereto.

15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor as required by the Contract, or to perform and complete or otherwise comply with the other terms thereof.

FOR INFORMATION ON Y - (Name, Address, and Telephone) Surety Agency or Broker:

Owner's Representative Engineer or other:

City of Box Elder, SD Page 26

Contractor’s Application for Payment 24048

CONTRACTOR’S APPLICATION FOR PAYMENT (Example Form)

City of Box Elder, SD Page 27

City of Box Elder, SD Page 28

City of Box Elder, SD Page 29

Special Provisions 24048

SPECIAL PROVISIONS

GENERAL

1.1 SUMMARY

A. The work to be performed under this contract shall consist of furnishing the following to perform the work outlined in these specifications or as indicated by project drawings:

1. tools

2. equipment

3. materials

4. labor

5. supplies

6. manufactured articles

7. all transportation to complete the work

8. temporary facilities

9. owner required traffic control

Location of Work: City of Box Elder, South Dakota

B. Incidentals Items: All work, materials, and services not expressly listed as being provided by others or not expressly called for in the contract but are necessary for the completion of the work in good faith, shall be furnished, installed, and performed by the contractor.

1.2 SUMMARY OF WORK TO BE DONE BY CONTRACTOR

A. Removal of old generator and concrete pad.

B. Grading for new concrete pad.

C. Removal of old natural gas line and close off the meter.

D. Deliver generator system to the site.

E. Determine new concrete pad and frame mount dimensions and requirements.

F. Placement of new generator installation of new wiring to current 104-amp Asco 300 series automatic transfer switch.

G. Install electrical wiring conduit and connectors.

H. Test system with step loads to 100% of name plate with portable load bank.

I. Training of City staff for inspection, maintenance, and operational procedures.

J. Inspection and service of generator and associated equipment after 1 year of installation.

1.3 ADDITIONAL INFORMATION

For information regarding the technical aspects of the project, contact the Project Manager:

Scott Lange, PE

City of Box Elder, City Engineer

420 Villa Drive

Box Elder, SD 57719

Telephone: 605-923-1404

Comply with all City of Box Elder ordinances and other State and local regulations related to the completion of the work including the acquisition of necessary permits.

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1.4 PRE-CONSTRUCTION CONFERENCE

A. Required after award of contract and a minimum of two weeks prior to start of construction.

B. Representatives from the following shall attend.

1. Prime Contractor and any Subcontractors

2. Project Engineer and any Technical Representative(s)

3. Applicable Franchise Utility Company Representative(s)

C. The Contractor shall bring the following Submittals to the preconstruction conference.

1. Project Schedule

2. Traffic Control Plan

D. The Project Engineer will arrange a date that is mutually acceptable to all parties planning to attend.

E. Contractor shall notify subcontractors of time…