2025.05.15 Project Manual (1).pdf

Prepared for:

Developer: City of Box Elder

420 Villa Drive

Box Elder, SD 57719

Towey Design Group, Inc.

147 Chisholm Drive

Box Elder, SD 57719

(p) 605.600.3758

(e) ryan@toweydesigngroup.com

PROJECT MANUAL for

WEST SUNNYDALE ROAD RECONSTRUCTION

STREET AND UTILITIES IMPROVEMENTS

CITY OF BOX ELDER, SD

I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Registered Professional Engineer under the laws of the State of South Dakota.

Ryan Wright, PE Date

Reg. No. 17533

Expiration Date: 4/08/2027

TDG Project Number: 25-020

Nicole Stamp

West Sunnydale Road Reconstruction Page i

Table of Contents

Contents

ADVERTISEMENT FOR BID

INSTRUCTION TO BIDDERS

BIDDING INFORMATION

CONTRACT AWARD

BID PROPOSAL

NOTICE OF AWARD

AGREEMENT BETWEEN OWNER AND CONTRACTOR

NOTICE TO PROCEED

PERFORMANCE BOND

PAYMENT BOND

CONTRACTOR’S APPLICATION FOR PAYMENT (Example For

SPECIAL PROVISIONS

GENERAL

1.1 SUMMARY

1.2 SUMMARY OF WORK TO BE DONE BY CONTRACTOR

1.3 ADDITIONAL INFORMATION

1.4 PERMITTING

1.5 PRE-CONSTRUCTION CONFERENCE

1.6 CONSTRUCTION SCHEDULE

1.7 TEMPORARY TRAFFIC CONTROL

1.8 GENERAL SPECIFICATIONS

1.9 DETAIL DRAWINGS

1.10 PRICE AND PAYMENT

1.11 WORKING HOURS/DAYS

1.12 COORDINATION WITH OTHER CONTRACTORS/UTILITIES

BID ITEM DESCRIPTIONS

1 Item No. 100 - Mobilization

2 Item No. 101 – Incidental Work

3 Item No. 102 – Material Testing

4 Item No. 103 - Traffic Control

5 Item No. 104 – Construction Staking

6 Item No. 800-805 Erosion Control

West Sunnydale Road Reconstruction Page ii

Table of Contents

APPENDIX

Appendix A – Report of Geotechnical Exploration for Sunnydale Road Reconstruction

West Sunnydale Road Reconstruction Page 1

Advertisement for Bid

ADVERTISEMENT FOR BID

The City of Box Elder will be accepting sealed bids for the West Sunnydale Road

Reconstruction, Street and Utilities Improvements, until 2:00 p.m. local time, June 17, 2025 at Box Elder City Hall, 420 Villa Drive, Box Edler, South Dakota 57719.

This project consists of the reconstruction of approximately 3,100 lf of gravel roadway with additional gravel, concrete curb & gutter in select locations, drainage improvement with 18” and 24” storm sewer piping, storm inlets, street paving, construction of an asphalt sidewalk along one side of the roadway and reseeding and erosion control measures.

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 office of Towey

Design Group, Inc., 147 Chisholm Dr., Box Elder, South Dakota, 57719.

A pre-bid meeting will be held on June 10, 2025 at 1:30 p.m. (MST) at the office the Box

Elder City Hall, 420 Villa Drive, Box Elder, SD 57719. A site visit will follow depending on weather conditions.

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

Specifications. 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 twenty-one (21) days after the bid opening.

The Owner and Contractor hereby acknowledges that 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 associated with project shall be Substantially Complete by October 17, 2025 and completed ready for final inspection no later than November 7, 2025.

Scott Lange, City Engineer

Published two (2) times at the total approximated cost of $_____73.12 ___

May 31, 2025 June 3, 2025

West Sunnydale Road Reconstruction Page 2

Instruction to Bidders

INSTRUCTION TO BIDDERS

Bid Proposals shall be submitted to the Owner no later than 2:00 p.m. local time, June

17, 2025. Bids shall be submitted in a sealed envelope marked “West Sunnydale Road

Reconstruction Project, Street and Utilities Improvements.” 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 City of Box Elder, 420 Villa Drive, Box Elder, SD 57719.

A pre-bid meeting will be held on June 10, 2025 at 1:30 p.m. (MST) at the Box Elder City

Hall, 420 Villa Drive, Box Elder, SD 57719. A site visit will follow depending on weather conditions.

Bidder must submit a bid for the entire project. The Owner reserves the right to award the bid within the limits of the available project funding.

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 10% 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 bid will not be accepted.

West Sunnydale Road Reconstruction Page 3

Bidding Information

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 his 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 the City of Box Elder Standard Construction

Specifications. 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 he deems 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 him from fulfilling any of the conditions of the contract.

West Sunnydale Road Reconstruction Page 4

Contract Award

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 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 shall be Substantially Complete by October 17, 2025 and must be complete in every respect and ready for final payment no later than November 7, 2025.

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.

West Sunnydale Road Reconstruction Page 5

Bid Proposal

BID PROPOSAL

Bid Proposal submitted to:

City of Box Elder

Box Edler, South Dakota, 57719

Bid Proposal for: West Sunnydale Reconstruction Road, Street and Utilities

Improvements

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

West Sunnydale Road Reconstruction Page 6

Bid Proposal prices bid and within the time required, and in accordance with the other terms and conditions of the Bidding Documents.

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.

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.

West Sunnydale Road Reconstruction Page 7

Bid Bond

BID SCHEDULE

West Sunnydale Reconstruction

Line Item Description of Item Qty. Unit Unit Cost Extended Cost

General

100 Mobilization 1 LS $ $

101 Incidental Work 1 LS $ $

102 Material Testing 1 LS $ $

103 Traffic Control 1 LS $ $

104 Construction Staking 1 LS $ $

Removals

200 Remove Existing Storm Sewer 995 LF $ $

201 Remove and Salvage Chain Link Fence and Gate 149 LF $ $

202 Remove Existing Sidewalk 665 SF $ $

Excavation

300 Unclassified Excavation 440 CY $ $

301 Topsoil: Salvage and Stockpile 3062 CY $ $

302 Topsoil: Place 2220 CY $ $

303 Imported Material 8690 CY $ $

304 Seeding, Fertilizing, & Mulching 3 AC $ $

Water

400 Raise Existing Water Valve 5 EA $ $

Sanitary Sewer

500 Lower Existing Sanitary Manhole 2 EA $ $

501 Raise Existing Sanitary Manhole 10 EA $ $

Storm Sewer

600 12" Corrugated Metal Pipe 130 LF $ $

601 18" Corrugated Metal Pipe 568 LF $ $

602 24" Corrugated Metal Arch Pipe 57 LF $ $

603 24" Corrugated Metal Pipe 150 LF $ $

604 18" Flared End Section 10 EA $ $

605 24" Arch Flared End Section 2 EA $ $

606 24" Flared End Section 6 EA $ $

607 2' x 3' Type B Inlet 3 EA $ $

608 12" Nyloplast Drainage Structure 1 EA $ $

609 18" Nyloplast Drainage Structure 2 EA $ $

610 30" Nyloplast Drainage Structure 1 EA $ $

611 Connect to Existing 1 EA $ $

West Sunnydale Road Reconstruction Page 8

Line Item Description of Item Qty. Unit Unit Cost Extended Cost

Street

700 Aggregate Base Course 1245 T $ $

701 Asphalt Paving 2690 T $ $

702 Curb and Gutter 917 LF $ $

703 Asphalt Walking Path 385 T $ $

704 Concrete Driveway 148 SY $ $

705 Gravel Surfacing, Permanent 1497 SY $ $

706 Asphalt Driveway 37 T $ $

Erosion Control

800 Inlet Protection 6 EA $ $

801 Vehicle Tracking Control 1 EA $ $

802 Concrete Wash Out Area 1 EA $ $

803 Perimeter Protection 3235 LF $ $

804 Straw Wattle 1400 LF $ $

805 Flexamat Standard 1521 SF $ $

Miscellaneous

900 Type 1 Tree 12 EA $ $

901 Type 2 Tree 7 EA $ $

902 Type 3 Tree 8 EA $ $

903 Type 4 Tree 11 EA $ $

904 Type 5 Tree 8 EA $ $

905 Reinstall Chain Link Fence and Gate 149 LF $ $

906 Reset Property Pins 10 EA $ $

907 Geogrid 171 SF $ $

Total: $

West Sunnydale Road Reconstruction = _____________________________________

(Words)

(Figures)

West Sunnydale Road Reconstruction Page 9

The contract award will be based on the lowest qualified bid. 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 Eight Hundred Dollars and No Cents ($ 800.00) per calendar day for failure to complete on time.

Corporation Name: (Corporate Seal)

State of Incorporation: .

Type: .

General Business, Professional, Service, Limited Liability

By: .

Signature

Name (typed or printed): .

Title: .

Attest: .

Bidder’s Business Address: ____________________________________________

Telephone No.: FAX No. .

Contact E-mail: .

SUBMITTED on , 2025

West Sunnydale Road Reconstruction Page 10

Joint Venture (Each joint venturer must sign):

Name of Joint Venture: .

First Joint Venturer Name: (Seal)

By: .

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

Name (typed or printed): .

Title: .

Second Joint Venturer Name: . (Seal)

By: .

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

Name (typed or printed): .

Title: .

SUBMITTED on , 2025

West Sunnydale Road Reconstruction Page 11

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 577192

BID

Bid Due Date: June 17, 2025

Description: West Sunnydale Road Reconstruction

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.

West Sunnydale Road Reconstruction Page 12

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).

West Sunnydale Road Reconstruction Page 13

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 no in conflict therewith shall continue in full force and effect.

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

West Sunnydale Road Reconstruction Page 14

Notice of Award

NOTICE OF AWARD

Date: _________________

Owner: City of Box Elder Contractor: _ .

Address: 420 Villa Drive Address: _ _______

Box Elder, SD 57719 .

Project Name: West Sunnydale Road Reconstruction, Street and Utilities

Improvements

Project Location: West Sunnydale Road, Box Elder, SD

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.

This project consists of the reconstruction of approximately 3,100 lf of gravel roadway with additional gravel, concrete curb & gutter in select locations, drainage improvement with 18” and 24” storm sewer piping, storm inlets, street paving, construction of an asphalt sidewalk along one side of the roadway and reseeding and erosion control measures.

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: .

By: By: _ Authorized Signature Authorized Signature

Title Title

Date Date

West Sunnydale Road Reconstruction Page 15

Agreement

AGREEMENT BETWEEN OWNER AND CONTRACTOR

THIS AGREEMENT dated the day of , 2025 is by and between 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. The Work is generally described as:

This project consists of the reconstruction of approximately 3,100 lf of gravel roadway with additional gravel, concrete curb & gutter in select locations, drainage improvement with 18” and 24” storm sewer piping, storm inlets, street paving, construction of an asphalt sidewalk along one side of the roadway and reseeding and erosion control measures.

The Owner and Contractor hereby acknowledges that 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 Complete by October 17, 2025 and complete in every respect and ready for final payment no later than November 7, 2025.

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 $1,000.00 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 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, West Sunnydale Road Reconstruction Page 16 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 one (1) year after the date of final completion.

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. Contractor’s Bid Proposal

13. 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.

This Agreement will be effective on , 2025

(Effective Date of the Agreement)

West Sunnydale Road Reconstruction Page 17

OWNER: City of Box Elder CONTRACTOR

By: . By: .

Title: . Title: .

Address for giving Notices: Address for giving Notices:

West Sunnydale Road Reconstruction Page 18

Notice to Proceed

NOTICE TO PROCEED

Date: _________________

Owner: City of Box Elder Contractor: _____________________

Address: 420 Villa Drive Address: _ __ _

Box Elder, SD 57719 _____________________

Project Name: West Sunnydale Road Reconstruction, Project No 24002

Project Location: West Sunnydale Road, 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, the Date for final Completion for all work is November 17, 2025.

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

1. Deliver to the Owner 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:

By: By: .

Authorized Signature Authorized Signature

Title: Title: .

Date: Date: .

West Sunnydale Road Reconstruction Page 19

Performance Bond

PERFORMANCE BOND

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

Box Elder, South Dakota, 57719

BID

Bid Due Date: June 17, 2025

Description: This project consists of the reconstruction of approximately 3,100 lf of gravel roadway with additional gravel, concrete curb & gutter in select locations, drainage improvement with

18” and 24” storm sewer piping, storm inlets, street paving, construction of an asphalt sidewalk along one side of the roadway and reseeding and erosion control measures.

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 Performance Bond to be duly executed by an authorized officer, agent, or representative.

West Sunnydale Road Reconstruction Page 20

CONTRACTOR

Signature Signature (Attach Power of Att.)

Print Name Print Name

Title Title

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

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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

3.4 Waiver. 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

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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.

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:

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Special Provisions 23

PAYMENT BOND

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

Box Elder, South Dakota, 57719

BID

Bid Due Date: June 17, 2025

Description: This project consists of the reconstruction of approximately 3,100 lf of gravel roadway with additional gravel, concrete curb & gutter in select locations, drainage improvement with

18” and 24” storm sewer piping, storm inlets, street paving, construction of an asphalt sidewalk along one side of the roadway and reseeding and erosion control measures.

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 Payment Bond to be duly executed by an authorized officer, agent, or representative.

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Special Provisions 24

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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Special Provisions 25

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.

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Special Provisions 26

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, 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:

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Special Provisions 27

CONTRACTOR’S APPLICATION FOR PAYMENT (Example Form)

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Special Provisions 28

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Special Provisions 29

SPECIAL PROVISIONS

GENERAL

1.1 SUMMARY

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:

Tools

Equipment

Materials

Labor

Supplies

Manufactured articles

All transportation to complete the work

Temporary facilities

Owner required traffic control

Location of Work: Box Elder, South Dakota

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.

Contractor will be required to have on-site a complete set of project plans and specifications including City Standards, for project reference. Failure to have these documents available will result in work stoppage until documents are onsite.

Electronic version is acceptable.

1.2 SUMMARY OF WORK TO BE DONE BY CONTRACTOR

This project consists of the reconstruction of approximately 3,100 lf of gravel roadway with additional gravel, concrete curb & gutter in select locations, drainage improvement with 18” and 24” storm sewer piping, storm inlets, street paving, construction of an asphalt sidewalk along one side of the roadway and reseeding and erosion control measures.

1.3 ADDITIONAL INFORMATION

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

Ryan Wright, PE

Towey Design Group

147 Chisholm Drive

Box Elder, SD 57719

Telephone: 605-600-3758

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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Special Provisions 30

1.4 PERMITTING

The Contractor is responsible for securing all necessary permits for the project including but not limited to:

i. City of Box Elder licenses

ii. SDDANR Erosion and Sediment Control Permit

1.5 PRE-CONSTRUCTION CONFERENCE

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

Representatives from the following shall attend.

i. Prime Contractor and any Subcontractors

ii. Project Engineer and any Technical Representative(s)

iii. Applicable Franchise Utility Company Representative(s)

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

i. Project Schedule

ii. Traffic Control Plan

iii. Erosion and Sediment Control (ESC) Plan

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

Contractor shall notify subcontractors of time and date of meeting.

Contractor shall have submitted and received approvals for a material and equipment submittals for project.

1.2 CONSTRUCTION SCHEDULE

Present Project Engineer with a written preliminary construction schedule containing start and completion dates of the major items at the…