467063 Project Manual.pdf

PROJECT MANUAL

FOUNDATION REPAIR ON RUSSELL HOUSE #2

WEST CAMP RAPID

CFMO# 467063

Prepared By:

Department of the Military

2823 West Main Street Rapid City, South Dakota 57702

(605) 737-6637

August 2023

OWNER:

State of South Dakota

This Project Manual provides for liquidated delay damages in the amount of $425.00 per calendar day for the Contractor’s delay in completion of the work.

See the Bid Form and Article 10 of the General Conditions for details.

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00 00 01 – INDEX 1 August 2023

INDEX

FOR

STATE SPECIFICATION

HEAD SECTIONS, GENERAL CONDITIONS,

SPECIAL CONDITIONS, TECHNICAL SPECIFICATIONS

AND PLANS

00 00 01 INDEX

00 00 02 INVITATION TO BID

00 00 03 BIDDER’S CHECKLIST

00 00 04 ASBESTOS CONTAINING MATERIALS STATEMENT

00 00 05 INSTRUCTIONS TO BIDDERS

00 00 05‐A .............. BID FORM

00 00 05‐A‐1 ........... MODIFICATION TO BID FORM

00 00 05‐B .............. FORMAT FOR SEALED ENVELOPE

00 00 05‐C .............. BID BOND

00 00 05‐D .............. PERFORMANCE & PAYMENT BOND WITH ACKNOWLEDGMENT OF SURETY

00 00 05‐E .............. NON‐RESIDENT BIDDER AFFIDAVIT

00 00 05‐F .............. CONTRACTOR’S STATEMENT OF SKILLS & CAPABILITIES

00 00 05‐G .............. RESIDENT SUBCONTRACTOR CERTIFICATION

00 00 05‐H ............. CONTRACTOR’S EXCISE TAX LICENSE

00 00 06 .............. AGREEMENT FOR CONSTRUCTION

00 00 07 .............. GENERAL INDEX AND GENERAL CONDITIONS

00 01 00 TECHNICAL SPECIFICATIONS INDEX

00 01 15 LIST OF DRAWING SHEETS

00 00 01 – INDEX 2 April 2023

00 00 02 – INVITATION TO BID 1 August 2023

INVITATION TO BID

Sealed bids will be received by the South Dakota Department of the Military at Joint Force Headquarters, Building 420, Attn:

Engineering Manager, 2823 W. Main Street, Rapid City, South Dakota, 57702 until 2:00 p.m. MT, Tuesday, September 26, 2023, for the Foundation Repair on Russell House #2, (PN467063) project.

There will be an on-site pre-bid meeting on September 20, 20XX at 1:00 PM MT. All bidders may meet at National Guard Road and Red Dale Drive intersection to be escorted out to the site. This pre-bid meeting is not mandatory for any bidders to submit for the project and is the only opportunity to review the site. All individuals attending the pre-bid meeting must have an active form of identification to access the site.

Copies of the Plans and Specifications may be obtained at the office of SD Department of the Military, 2823 W. Main Street, Rapid City, SD 57702, 605-737-6273. Anyone requesting, reviewing, or copying Plans and Specifications for this project agrees that they are doing so for the sole purpose of submitting a bid on the project. Bidder further agrees the Plans and Specifications are the sole property of the State.

Each bid in excess of $100,000.00 must either pre-mail a certified check, cashier's check, or draft in the amount of 5% of the base bid and all add alternates and drawn on a State or National Bank to the SD Dept. of the Military, 2823 W. Main Street, Rapid City, SD 57702, or upload a copy of their 10% bid bond to their electronic bid issued by a surety authorized to do business in the State of South Dakota and made payable to the South Dakota Department of the Military. The SD Dept. of the Military reserves the right to reject any or all bids and to waive any irregularities therein.

Published twice at the total approximate cost of______.

To Be Advertised In The:

Rapid City Journal on September 19, 2023 and September 23, 2023.

cc: Construction Industry Center, cic@constructionindustrycenter.com mailto:cic@constructionindustrycenter.com

00 00 02 – INVITATION TO BID 2 April 2023

00 00 03 – BIDDERS CHECKLIST 1 August 2023

BIDDER’S CHECKLIST

The following items need to be submitted along with your bid. All bids and any modifications to bids must be in the hands of the Engineering Manager or the Engineering Manager's representative on or before the time set for opening bids in the Invitation for Bids.

All blanks on the Bid Form are filled in.

Receipt of all addenda is noted on the Bid Form.

Bid Form is signed by an officer of the corporation or, if not a corporation, a proprietor or partner.

For bids of $100,000.00 or higher, a bid bond or security is submitted with the bid.

If a foreign contractor, a fully executed “Non-Resident Bidder Affidavit” is submitted with the bid.

The bid, bid bond or security, and “Non-Resident Bidder Affidavit” are placed in a sealed envelope labeled in accordance with Paragraph 2 of the “Instructions to Bidders.”

00 00 03 – BIDDERS CHECKLIST 2 April 2023

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00 00 04 – ASBESTOS STATEMENT 1 August 2023

ASBESTOS STATEMENT

ASBESTOS CONTAINING MATERIALS CAUTION:

It is brought to the contractor's attention that asbestos containing materials (greater than 1%) may be present outside the project requirements yet within the building or area. The contractor shall take the necessary precautions so as not to disturb this material. If asbestos containing materials are disturbed, the contractor shall follow and comply with the state rules promulgated under SDCL 34-44 pertaining to asbestos, and 29 CFR 1926.58, 40 CFR Part 61, 40 CFR Part 763 as in effect and the United States Environmental Protection Agency publication entitled "Guidance for Controlling Asbestos Containing Materials in Buildings" (EPA 560/5-85-024, June 1985).

ASBESTOS CONTAINING MATERIALS STATEMENT:

In accordance with the provisions of SDCL 34-44-8, all bidders and contractors are hereby notified that to the best knowledge of the owner or those representing him in any capacity, this project does not involve asbestos containing materials (greater than 1%). Bidders are further instructed that no asbestos containing materials are to be installed in this project.

The contractor is cautioned that hidden materials unknown to the owner and inaccessible for testing may be found during the demolition work of this project which may be asbestos containing materials. Proper procedures shall be followed upon discovery of these materials. The owner or those representing the owner in any capacity shall not be held responsible or liable for any injury or cost to any person resulting from handling of or proximity to such materials.

ASBESTOS LIABILITY STATEMENT

In accordance with amended SDCL 34-44, neither the owner, employees, or agents of the owner, nor any other person may have any claim, right or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbestos abatement subcontractor. Unless exempt under applicable state and federal law, no asbestos abatement work may be performed except by a certified asbestos contractor. A certified asbestos abatement subcontractor shall hold the owner and general contractor harmless from any liability arising from such subcontractor's activities on the project. A certified asbestos abatement contractor shall cause the owner and, if acting as a subcontractor, the general contractor to be named as additional insureds and provide sufficient proof of insurance for purposes of this section.

00 00 04 – ASBESTOS STATEMENT 2 August 2023

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00 00 05 – INSTRUCTIONS TO BIDDERS 1 August 2023

INSTRUCTIONS TO BIDDERS

1. Examination of Plans, Specifications and Site.

Bidders should carefully examine the site of the proposed work, subsurface conditions, the Plans and Specifications, and the bid and contract documents governing the project. The submission of bids is conclusive evidence that the bidder has investigated and is satisfied as to the conditions to be encountered; the character, quality, and scope of the proposed work; the quality and quantity of the materials to be furnished; and the requirements of the bid, the Plans and Specifications, and the other Contract Documents.

The Plans and Specifications are to be used only with respect to this project and are not to be used for any other project or purposes other than preparing a bid for this project; the Plans and Specifications will not be disseminated to any person or entity for purposes other than obtaining pricing information without the express written approval of the state; all information contained in the Plans and Specifications is confidential; and should the bidder disseminate the Plans and Specifications to an individual or entity for purposes of obtaining pricing information, the bidder will require that individual or entity to adhere to the terms set forth herein. The bidder, however, assumes no liability for the misuse of the Plans and Specifications by such third party or such third party’s failure to comply with the provisions contained herein.

Any copies of the Plans and Specifications obtained directly from the State will be returned to the office of the Architect/Engineer immediately after the State provides notice that bidder will not be awarded a contract, or thirty

(30) days after the bid opening for the project, whichever occurs first. Any copies of the Plans and Specifications made by the bidder will be destroyed immediately after the State provides notice that bidder will not be awarded a contract, or thirty (30) days after the bid opening for the project, whichever occurs first. If bidder does not submit a bid, bidder will fulfill the requirements previously outlined on or before the date of the bid opening.

Should bidder be awarded a contract for construction of the project, bidder does not need to return or destroy Plans and Specifications until after completion of the project.

2. Submission of Bids.

Each bid must:

a. Be submitted on the prescribed form (Exhibit "A"); all blank spaces for bid prices must be filled in, in ink or typewritten, in both words and figures;

b. Include any addenda issued during the time of advertising for bids the same as though it had been included in the original Plans and Specifications; and

c. Be submitted in a sealed opaque envelope bearing on the outside the name of the bidder, his/her address, and the name of the project for which the bid is submitted. See Exhibit "B" attached hereto for Sample Format for envelope. If forwarded by mail, Federal Express, or other commercial courier, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified on the bid form.

All bids and any modifications to bids must be in the hands of the Engineering Manager or the Engineering Manager's representative on or before the time set for opening bids in the Invitation for Bids. Bids that are not properly marked may be disregarded. Bids will not be received after the time for bid opening.

3. Modification of Bids.

a. Bids may be modified by mail or email received at the place designated in the Invitation to Bid, not later than the time set for the opening of bids. A modification shall not reveal the bid price, but shall provide the addition or subtraction or the modification so that the final prices or terms will not be known to the public corporation until the sealed bid is opened (see Exhibit “A-1”, Modification To Bid Form). A modification may not be withdrawn after the time set for the opening of bids. No bid made shall be changed or altered by telephone. No oral changes, alterations or conditions will be accepted under any circumstance.

b. An email modification must be submitted on Exhibit “A-1”, Modification To Bid Form to the email address cullen.jorgensen@state.sd.us. Pursuant to the requirements of SDCL §5-18A-5(6), Department of the Military will not accept any email modification received in its offices after the time set for the opening of bids.

4. Contractor’s Qualification Statement.

For bids of $100,000.00 or more, the low bidder, upon request, must submit to the Department of the Military, within 48 hours of said request, Contractor’s Statement of Skills and Capabilities (Exhibit “F”) with their bids. The Contractor’s Qualification Statement (AIA Document A305) or the AGC’s Contractor Qualification Statement may

00 00 05 – INSTRUCTIONS TO BIDDERS 2 August 2023 be used provided it includes all the information required by the Department of the Military document, minus the financial statement.

5. Bid Security.

Each bid over $100,000.00 must be accompanied by a bid security as follows:

a. Certified Check, Cashier's Check or Draft. A certified check, cashier's check or draft for five percent (5%) of the amount of the bid, including all add alternates, such check to be certified or issued by either a State or National Bank and payable to said public corporation or officer.

b. Bid Bond. In lieu of a certified check as a bid guarantee, a bid bond of ten percent (10%) of the total amount of the bid, including all add alternates, may be furnished by the Contractor. See Exhibit "C" for Bid Bond form.

Such bond to be issued by a surety authorized to do business in the State of South Dakota. Such bond shall be payable to said public corporation or officer as guaranty that such bidder will enter into a contract with said public corporation, its Board or officers thereof, in accordance with the terms of such letting and bid in case such bidder be awarded the contract.

No bidder shall be required to leave his/her certified check or other guaranty or bid bond posted for a longer period than thirty (30) days if the bid is not accepted. The certified check or other guaranty of the successful bidder shall be returned to him forthwith upon the execution of the contract and surety herein provided for.

6. Withdrawal of Bids.

Any bid may be withdrawn by letter, email, or in person before the time specified in the advertisement therefor.

Withdrawal of a bid does not prejudice a bidder's right to submit a new bid within the time designated for the submission of bids. No bids may be withdrawn after the time designated in the Invitation to Bid for the opening of bids. The email address for withdrawing a bid is cullen.jorgensen@state.sd.us.

7. Request for Interpretation.

Any person who plans to bid on the project may submit to the Owner a written request for an interpretation of any part of the Plans and Specifications or Contract Documents. Requests for interpretations shall be made not less than ten (10) days prior to the opening of bids. Any interpretation will be in writing and furnished to each person receiving Plans and Specifications for bidding. The Owner will not be responsible for any other explanation or interpretation.

8. Or Equal Clause.

Whenever a material, article, or piece of equipment is identified on the Plans or in the Specifications by reference to manufacturers' or vendors' names, trade names, catalogue numbers, etc., it is intended merely to establish a standard; and any materials, article, or equipment of other manufacturers and vendors which will perform adequately the duties imposed by the general design will be considered equally acceptable provided the requirements of Article 6.3.4 of the General Conditions are met and the material, article, or equipment so proposed is, in the opinion of the Architect and Engineering Manager, of equal substance and functions.

9. Preference for South Dakota Products, Labor and Materials.

By virtue of statutory authority in SDCL § 5-18A-6(10) et seq. preference will be given to South Dakota products, labor and materials as provided by law.

10. Opening of Bids.

Bids will be received until the time for opening designated in the Invitation to Bid. All bids received within the designated time will be opened and read aloud at the time and place designated in the Invitation to Bid. Bidders and their authorized agents are invited to attend.

11. Relief from Mistake in Bid.

A bidder claiming a mistake in a bid must give the State written notice of the alleged mistake within five calendar days after the bids are opened, specifying in detail how the mistake occurred. Relief will only be granted for clerical or mathematical mistakes which can be documented to the satisfaction of the Engineering Manager.

12. Rejection of Bids.

Bids may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, unexplained erasures, or irregularities of any kind. The State may waive any informality in the bids received.

00 00 05 – INSTRUCTIONS TO BIDDERS 3 August 2023

When bids are signed by an agent other than an authorized corporate officer or member of a partnership, a power of attorney must be filed with the bid. Otherwise, the bid will be rejected as irregular and unauthorized. If there is reason to believe that collusion among the bidders exists, any or all bids may be rejected. The State reserves the right to reject all bids if in the judgment of the Engineering Manager it is in the best interest of the State.

13. Award of Contract.

If the contract is awarded, it will be awarded to the responsible bidder submitting the lowest bid, subject to paragraph 17 below, which complies with the Invitation to Bid and with these instructions. The successful bidder will be notified within thirty (30) calendar days of the date bids are opened. Subsequent to notice of award, the successful bidder will be presented with a contract agreement. The contract will require the completion of work according to the Plans and Specifications and the Contract Documents. Conditional bids will not be accepted.

14. Responsibility.

The Owner may make such investigations as he/she 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 data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

15. Nonresident Bids.

SDCL § 5-18A-26, provides that the Contract shall be let to the lowest responsible bidder; provided, however, a resident bidder may be allowed a preference on any such contract as against the bid of any bidder from any other State or foreign province which enforces or has a preference for resident bidders. The amount of the preference given to the resident bidder shall be equal to the preference in the other state.

16. Subcontractor Certification.

SDCL§ 5-18B-6, provides that prior to execution of a public improvement project a successful bidder shall certify on the prescribed form (Exhibit "G"):

(1) That no more than twenty-percent of the cost of labor included in the contract is being provided by nonresident subcontractors; or

(2) That more than twenty percent of the cost of labor included in the contract is being provided by nonresident subcontractors because resident contractors are not available and at competitive prices.

17. Method of Award.

a. Bidding procedure involving only a base bid: If the base bid is within the amount of funds available to finance the construction contract, then contract award will be made to that responsible bidder submitting the low base bid. If the low bid exceeds the funds available to finance the construction, the State may negotiate with the low bidder to produce a bid amount within the availability of funds.

b. Bidding procedure involving a base bid and alternate bids: If the base bid is within the amount of funds available to finance the construction contract and the Owner wishes to accept alternate bids, then contract award will be made to that responsible bidder submitting the low combined bid, consisting of the base bid and any combination of add or deduct alternative bids found to be most advantageous to the Owner. Under this procedure, if the Owner wishes to make award on low base bid only, then contract award will be made to that responsible bidder submitting the low base bid. If the low bid exceeds the funds available to finance the construction, the State may negotiate with the low bidder to produce a bid amount within the availability of funds.

18. Execution of Agreement.

Within ten (10) calendar days after the proposed contract agreement is presented to the successful bidder for execution, the successful bidder must execute the contract documents and, if the Contract is for more than $100,000.00, provide a performance and labor and material payment bond.

19. Performance & Labor and Material Payment Bond.

If the Contract is for more than $100,000.00, provide a performance and labor and material payment bond produced by a South Dakota licensed insurance producer (agent) and issued by a South Dakota licensed surety in an amount not less than the amount of the awarded contract. The performance and labor and material payment bond Surety or Sureties shall meet all requirements of South Dakota Law.

00 00 05 – INSTRUCTIONS TO BIDDERS 4 August 2023

This bond is to secure the faithful performance of the contract and the payment of those to whom the bidder may become legally indebted for labor, materials, tools, equipment, or services of any kind used or employed by the bidder in performing the work. The surety bond shall be on the form attached hereto as Exhibit "D". (Failure on the part of the bidder to furnish such bond in the time stated shall be cause for consideration by the State of awarding the Contract to the second low bidder and the retention of the bid deposit.)

20. Power of Attorney.

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their power of attorney.

21. Default.

The failure to execute the contract documents or to furnish bonds required by these instructions within ten (10) calendar days after the proposed contract agreement is presented for execution constitutes a default. In the event of a default, the State may award the contract to the next lowest bidder or may re-advertise for bids. The State may charge against the defaulting bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed plus the State’s additional administrative cost necessitated by the bidder’s failure to execute the Contract Documents, irrespective of whether the amount thus due exceeds the amount of the bid bond. If a more favorable bid is received by re-advertising, the defaulting bidder shall have no claim against the State for a refund.

22. Commencement of Work/Time of Completion.

The contractor for the general construction shall commence work under the contract within ten (10) consecutive calendar days after issuance of written Notice to Proceed and shall substantially complete all work under the contract within the timeframe specified in the Bid Form.

23. Liquidated Damages.

See Article 10.3.4 of the General Conditions.

24. Applicable Laws and Regulations.

The bidder's attention is directed to the fact that all applicable South Dakota laws, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout and they will be deemed to be included in the contract the same as though herein written out in full.

25. South Dakota Tax Information for Public Contracts.

Contractors performing public contracts in South Dakota may become responsible for two types of taxes: the excise tax upon realty improvement contracts and the sales/use tax upon materials.

All contractors must secure a license from the Department of Revenue before engaging in the construction activities in this State. Detailed information on tax requirements may be obtained from the Department of Revenue, Anderson Building, Pierre, South Dakota 57501. Telephone 605.773.3311.

26. Applicable Standards.

In addition to codes, Standards and Regulations referenced for compliance in the various sections of the Specifications, the work shall be in compliance with the following:

ANSI Z53.1 - 1971, and as revised Safety color code for marking physical hazards.

ANSI A13.1 - 1975, and as revised Scheme for the identification of piping systems.

ANSI C2, and as revised National Electrical Safety Code.

27. Affirmative Action Plan.

00 00 05 – INSTRUCTIONS TO BIDDERS 5 August 2023

The State of South Dakota requires that all contractors, vendors, and suppliers, employing fifty or more persons, doing business with any State Agency, Department, or Institution, place on file a statement of Affirmative Action that said contractor, vendor, or supplier does not discriminate in its employment practices with regard to race, color, religion, sex or national origin.

No award of any contract with the State of South Dakota shall be executed or awarded and approved by the State for any service, supply, or commodity unless the successful bidder submits such statement.

Above statement may be submitted to the Engineering Manager with the contractor's bid, or prior to award of contract.

28. Procurement Law.

This project is subject to the provisions of SDCL § 5-18A and 5-18B et seq.

00 00 05 – INSTRUCTIONS TO BIDDERS 6 August 2023

00 00 05A – BID FORM 1 August 2023

EXHIBIT “A”

BID FORM

Foundation Repair on Russell House #2 – West Camp Rapid

To: Engineering Manager Date: September 26, 2023 Joint Force Headquarters Building 2823 West Main Street Phone: 605-737-6637 Rapid City, South Dakota 57701

The undersigned, being familiar with the local conditions affecting the work, and with the Contract Documents, including the Invitation to Bid, Instructions to Bidders, Bid Form, Explanation of Alternates, Modification to Bid Form, Bid Bond Form, Performance and Payment Bond, Acknowledgment of Surety, Sample Certification of Surety, Non-Resident Bidder Affidavit, Form of Agreement for Construction, General Conditions, Special Conditions, Technical Specifications, Plans and Addenda which govern the purchase of material and labor and the awarding of contracts hereby proposes to do all the work and provide all the material and equipment which pertains to Foundation Repair on Russell House #2 – West Camp Rapid CFMO# 467063 as provided for in the Plan and accompanying Specifications dated August 2023 for the following base bid and alternates:

BASE BID _________________________________________________________ DOLLARS ($________________________)

The above bid includes all applicable State and Municipal Sales and Use Taxes on materials, and State and Municipal Excise Taxes and all other State and Federal Taxes that would affect the amount of the bid. (See Instructions to Bidders-SD Sales and Use Tax Information for Public Contracts.)

In addition, any material furnished by the State for use in this project is subject to Use Tax and Excise Tax. The total taxable value of materials furnished by the State for this project is $ 0.00_.

A Performance and Payment Bond as required by General Conditions will not be required on contracts which do not exceed One Hundred Thousand Dollars ($100,000). (See SDCL 5-21-1.1 as amended).

If discrepancies remain at the time of substantial completion, a value will be assigned to each of the discrepancies and two

(2) times their estimated value will be retained from payment to the Contractor until completed and accepted. (See SDCL 5- 18-13 as amended).

Within ten (10) days after Contractor's receipt of the Agreement for Construction, the Contractor shall submit to the Department of the Military, the executed Agreement for Construction, Performance and Payment Bond, Certificates of Insurance and Affirmative Action Plan (if applicable).

Work shall be commenced within ten (10) consecutive calendar days after written Notice to Proceed by the

South Dakota Department of the Military Engineering Manager and shall be substantially completed within 60 calendar days from the date of the Notice to Proceed.

The undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (give number and date of each): Addenda Nos. _______________ dated ___________________________________ respectively.

The undersigned acknowledges that they have read and understand the Asbestos-Containing Materials Statement contained in the project manual.

Accompanying this proposal is a certified check, cashier's check or draft in the amount of 5% of the base bid and all add alternates, and drawn on a State or National Bank in the amount of $ or a 10% bid bond issued by a surety authorized to do business in the State of South Dakota, in the amount of $___________________________. (Not applicable if Bid is under $100,000.)

In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids and to waive any irregularities. It is further understood by the Bidder that he may not withdraw his Bid within 30 days after the actual opening thereof.

00 00 05A – BID FORM 2 August 2023

In submitting this bid, bidder asserts it has reviewed all provisions of the General Conditions including the provision for assessment of liquidated delay damages found in Article 10 of the General Conditions. Bidder agrees that the damages anticipated by the Owner in the event of delay in completion of the project are uncertain in amount and difficult to prove;

the amount stipulated in Article III of the Agreement for Construction is a reasonable amount in light of the anticipated loss and injury; and the Owner’s actual damages in the event of delay would be impracticable or extremely difficult to fix. Bidder agrees to be bound by the liquidated damages set forth in Article III of the Agreement for Construction. Bidder further agrees that the liquidated amount stipulated in Article III of the Agreement for Construction is not a penalty.

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer 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, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror 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.

The bidder or offeror, in preparing its response or offer 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 South Dakota Executive Order 2023-02. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror 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.

The undersigned further acknowledges that they have read, understand, and agree to the information stated in the Instructions to Bidders.

BIDDER:

(Type Name of Firm)

BY:

(Signature of Firm’s Representative)

(Type Name and Title of Firm’s Representative)

TELEPHONE NO.

E-MAIL ADDRESS

BUSINESS ADDRESS ___

STATE OF INCORPORATION

00 00 05A – BID FORM 3 August 2023

00 00 05-A-1 – MODIFICATION TO BID FORM 1 August 2023

EXHIBIT “A-1”

MODIFICATION TO BID FORM

Foundation Repair on Russell House #2 – West Camp Rapid

To: Engineering Manager Date: September 26, 2023 Joint Force Headquarters Building 2823 West Main Street Phone: 605-737-6637 Rapid City, South Dakota 57702 Email: cullen.jorgensen@state.sd.us

Please make the following modifications to our bid on the referenced project. This modification is per the Instructions to Bidders Item #3 included in the original bid documents and modifies our sealed bid.

Note To Bidder: Please circle the appropriate ADD/DEDUCT and “X” out the undesired action.

Modification to Base Bid - ADD / DEDUCT to our Base Bid the Sum of ___________________________________________________________________DOLLARS ($________________________)

The undersigned acknowledges receipt of the following addenda to the drawings and/or specifications (give number and date of each): Addenda Nos. _________________ dated ____________________________________ respectively.

In submitting this modification to bid, it is understood that the right is reserved by the Owner to reject any and all bids and to waive any irregularities. It is further understood by the Bidder that he may not withdraw his Bid within 30 days after the actual opening thereof.

BIDDER:

(Type Name of Firm)

BY:

(Signature of Firm’s Representative)

(Type Name and Title of Firm’s Representative)

TELEPHONE NO.

E-MAIL ADDRESS

BUSINESS ADDRESS ___

STATE OF INCORPORATION

mailto:cullen.jorgensen@

00 00 05-A-1 – MODIFICATION TO BID FORM 2 August 2023

00 00 05-B – SAMPLE OF SEALED ENVELOPE 1 August 2023

EXHIBIT “B”

SAMPLE OF SEALED ENVELOPE

Return Address John Smith, Contractor Box 1 Anytown, USA

TO: Engineering Manager SD Dept. of the Military

Joint Force Headquarters Building 2823 West Main Street Rapid City, South Dakota 57702

Bid For: Foundation Repaid on Russell House #2 – West Camp Rapid Rapid City

To Be Opened: 2:00 PM MT September 26, 2023

Addenda Received: Nos.

00 00 05-B – SAMPLE OF SEALED ENVELOPE 2 August 2023

00 00 05-C – BID BOND 1 August 2023

EXHIBIT “C”

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as owner for the penal sum of _______________________________________ of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, this _________ day of ___________________, 20____.

The condition of the above obligation is such that whereas the Principal has submitted to

____________________________________________ a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract, attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and effect: it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extensions of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

Principal

Surety

SEAL By:

00 00 05-C – BID BOND 2 August 2023

00 00 05-D – PERFORMANCE AND PAYMENT BOND 1 August 2023

EXHIBIT “D”

PERFORMANCE AND PAYMENT BOND

Contractors shall utilize the Performance and Payment Bond found on the South Dakota Bureau of Administration, Office of the State Engineer website. https://boa.sd.gov/state-engineer/forms.aspx

Contractors shall follow the Performance and Payment Bond Instructions to complete the Performance and Payment Bond.

00 00 05-D – PERFORMANCE AND PAYMENT BOND 2 August 2023

00 00 05-E – NON-RESIDENT BIDDER AFFIDAVIT 1 August 2023

EXHIBIT “E”

NON-RESIDENT BIDDER AFFIDAVIT

Country of ) )ss State or Province of )

Business Name:

Business Address:

Affiant’s Name and Title:

Project Name and Location:

CFMO Project Number:

AFFIDAVIT WHEN NO PREFERENCE IS GIVEN

I do hereby affirm that resides in the country of in the state or province of and that said country and/or state or province does not grant a preference to resident bidders for work on behalf of said country, state or province.

Dated: Signed

AFFIDAVIT WHEN PREFERENCE IS GIVEN

I do hereby affirm that resides in the country of in the state or province of and that said country and/or state or province does grant a preference to resident bidders for work on behalf of said country, state, or province, the nature and extent of such preference being

Dated: Signed

ACKNOWLEDGEMENT OF AFFIANT

Country of ) ) ss State or Province of )

On this day of , 20 ______, before me personally appeared

, known to me to be the affiant who, being duly sworn, declares all statements made in this affidavit to be true and correct to the best of his or her knowledge.

Notary Public

My commission expires the day of , 20 .

00 00 05-E – NON-RESIDENT BIDDER AFFIDAVIT 2 August 2023

00 00 05-F – CONTRACTOR’S STATEMENT 1 August 2023

EXHIBIT “F”

STATE OF SOUTH DAKOTA

CONTRACTOR’S STATEMENT OF SKILLS AND CAPABILITIES

Send Completed Form to: South Dakota Department of the Military Attn: Engineering Manager

2823 West Main Street, Bldg. 420 Rapid City, South Dakota 57702

Project Name: Foundation Repair on Russell House #2 – West Camp Rapid

Location: Rapid City, SD

CFMO # 467063

CONTRACTOR INFORMATION

A. Business Structure Submitted By:

1. Current Business Name and Address.

Business Name:

Address:

Phone:

Fax:

email:

2. How many years has your company been in business under the name listed above?

3. Has your company been in business under any other business name(s)?

If so, list previous business name(s) and the years your company operated under each name:

4. If a corporation, provide the:

Date and State of incorporation:

Type of corporation:

Names of Officers

President:

Vice-president(s):

Secretary:

Treasurer:

5. If a partnership, provide the:

State of Organization:

Partnership type:

Date of organization:

Names of partners:

6. If individual, provide:

Date of organization:

Name of owner:

00 00 05-F – CONTRACTOR’S STATEMENT 2 August 2023

7. Use this space to describe your company’s business structure if it differs from those listed above:

8. List the states and trades in which you may legally do business where applicable. Provide registration or license number(s).

9. If your company is organized under the laws of another state, has it registered with the Secretary of State for the State of South Dakota and/or the Department of Revenue?

B. Background and History

1. What types of Work does your company perform with its own forces?

2. Has your company ever failed to complete Work it had contracted to perform? Provide details if the answer is “yes.”

3. Within the last five years, has any officer or principal of your company been an officer or principal of another company that failed to complete Work that the latter company contracted to perform? Provide details if “yes.”

4. List any and all judgments, claims, suits at law, or arbitration proceedings pending or outstanding against your company or its officers regarding any construction contracts:

5. Within the last five years, has your company filed law suits or requested arbitration regarding any construction contracts?

6. On separate paper, provide a list of major construction projects your company is currently working on. For purposes of this document “major construction projects” shall be considered anything of average size or greater for your company. Provide name of owner, location, architect, contract amount, and scheduled completion.

7. On separate paper, list the major construction projects your company has completed in the last five years. For purposes of this document “major construction projects” shall be considered anything of average size or greater for your company. Provide name of owner, project, location, architect, contract amount, and scheduled completion.

8. On separate paper, list the construction background/experience of the key personnel in your company.

9. What is the average annual value of all construction work your company performed within the last five years?

C. References

1. List your company’s Business/Industry References:

2. List your company’s Financial References:

3. Provide the name and address of your company’s Surety, as well as the name and address of the Agent:

00 00 05-F – CONTRACTOR’S STATEMENT 3 August 2023

SIGNATURE AND NOTARIZATION

Date Typed Name:

Title:

Business Name:

Signature Address:

(Affix Seal)

On this day of , 20 ______, before me personally appeared

, who, being duly sworn, declares all statements made in this

Qualification Statement to be true and correct to the best of his or her knowledge.

Notary Public

My commission expires the day of , 20

00 00 05-F – CONTRACTOR’S STATEMENT 4 August 2023

00 00 05-G – RESIDENT SUBCONTRACTOR CERTIFICATION 1 August 2023

EXHIBIT “G”

RESIDENT AND NON-RESIDENT

SUBCONTRACTOR BREAKOUT

Company: Contract Amount:

Date:

Re: Project Name: Foundation Repair on Russell House #2 – West Camp Rapid Project Location: Rapid City

CFMO # 467063

Resident Contractors

Company Location Labor Cost % Value of Contract

Total:

00 00 05-G – RESIDENT SUBCONTRACTOR CERTIFICATION 2 August 2023

Non- Resident Contractors Company Location Labor Cost % Value of Contract

Total:

As defined in 5-18A:

(26) “Resident,” any person, partnership, association, limited liability company, foreign limited liability company, corporation, or foreign corporation licensed to do business within this state that has maintained a substantial and bona fide place of business and has conducted business from within this state for at least one year prior to the date on which a contract was awarded. The members of the partnership or association shall have been bona fide residents of the state for one year or more immediately prior to bidding upon the contract. A foreign corporation licensed pursuant to §§ 47-1A-1501 to 47-1A-1532, inclusive, is not a resident as defined by this section if the state or country in which it is organized enforces or has a preference for resident bidders;

If more than 20% of the labor cost included in the contract is being provided by nonresident subcontractors, please explain:

00 00 05-H – CONTRACTOR’S EXCISE TAX LICENSE 1 August 2023

EXHIBIT “H”

CONTRACTOR’S EXCISE TAX LICENSE

C E R T I F I C A T I O N

Effective July 1, 2003, no public corporation may award any contract for the construction of any public improvement unless the contractor has a contractors’ excise tax license. (SDCL 5-18B-17) In addition, all contractors that contract for construction services or realty improvement work in South Dakota must have a contractor's excise tax license. (SDCL 10- 46A and 10-46B)

To be awarded a contract with the State of South Dakota, or to be considered for future contracts, your business must have a South Dakota contractors’ excise tax permit. If you do not have a contractor's excise tax permit, you may apply for a permit with the South Dakota Department of Revenue. You may obtain an application from the Department of Revenue’s web-site at www.state.sd.us/drr or by calling 1-800-TAX-9188.

Please complete the following and return this form to this office with your bid/contract. This information will be verified with the Department of Revenue.

1. Owner Name:

2. Business Name:

3. South Dakota Contractor’s Excise Tax Permit Number:

4. If you applied for a contractors’ excise tax license but have not received the license yet, please list your federal identification number and the date you applied for a license:

Federal ID # Application Date:

Failure to provide documentation that your business is licensed will result in your removal from contracts with the State of South Dakota.

I certify that, to the best of my knowledge, the above information is accurate and complete.

,20 Signature Date http://www.state.sd.us/drr

00 00 05-H – CONTRACTOR’S EXCISE TAX LICENSE 2 August 2023

00 00 06 – AGREEMENT FOR CONSTRUCTION 1 August 2023

STATE OF SOUTH DAKOTA

AGREEMENT FOR CONSTRUCTION

PRIME CONTRACT FOR

FOUNDATION REPAIRS ON RUSSELL HOUSE #2 – WEST CAMP RAPID

Rapid City, South Dakota

CFMO# 467063

THIS Agreement is made the xxth day of Month, 20xx by and between Name of Contractor (the "Contractor") and the South Dakota Department of the Military represented by its legal officers (the "Owner").

WITNESSETH, that the Contractor and the Owner for the consideration stated herein agree as follows:

ARTICLE I – CONTRACT DOCUMENTS:

The following documents and any other documents incorporated in them by reference constitute the contract documents:

1. This Agreement

2. The Project Manual dated August 2023

3. The Project Drawings dated August 2023

4. Addenda issued prior to execution of this Agreement dated Month Year, Month Year, and Month Year.

5. Contractor’s Performance and Labor and Material Payment Bond

6. Value Engineering Letter dated Month Year

These documents constitute the entire and integrated agreement between the parties hereto and supersede prior negotiations, representations, or agreements, either written or oral. The Index for items 2 and 3 is attached hereto as Exhibit “A.”

ARTICLE II – STATEMENT OF WORK:

To the extent not otherwise provided in the contract documents, contractor shall furnish and pay for all labor, tools, equipment, supplies, materials, appurtenances, utilities, charges, fees, permits, and all other construction accessories and services required to complete the work specified in the contract documents in strict compliance with the contract documents.

A background check will be completed on all superintendents by the SDARNG. The project superintendents will need to be on site AT ALL TIMES that work is being completed as an escort to those without background checks. Any additional background checks required will be done at the contractor’s expense. When necessary, a contractors badge will be issued to the prime contractor superintendent. This badge must be turned in to the Project Manager upon successful completion of the project.

Upon successful completion of the project, the contractor must provide, in addition to the operation and maintenance manuals, a digital copy of all of the warranties listed in Microsoft Excel format. The tables should include at a minimum: the item with a warranty, the length of the warranty, and contact information of who services the warranty.

ARTICLE III – DATE OF COMMENCEMENT AND COMPLETION:

A. The work shall be commenced within ten (10) consecutive calendar days after the date of issuance of the Notice to

Proceed by the Owner.

B. The project shall be substantially completed not later than 60 calendar days from the effective date of the Notice to

Proceed, subject to adjustments of the contract time as provided in the contract documents.

C. Should the Contractor fail to substantially complete the work within the time set forth herein, or within such extra time as may have been allowed by increases in the contract, or by formally approved extensions granted by the Owner, the Contractor and the Contractor’s surety shall be liable for and shall pay the Owner $425.00 per calendar day as liquidated damages for each calendar day of delay until the work is substantially complete.

D. The project shall be completed and ready for final inspection/acceptance no later than 74 calendar days from the effective date of the Notice to Proceed, subject to adjustments of the contract time as provided in the contract documents.

00 00 06 – AGREEMENT FOR CONSTRUCTION 2 August 2023

E. After Substantial Completion, if the Contractor shall neglect, refuse, or fail to complete the remaining Work as outlined in the approved punch list, subject to adjustments of the contract time as provided in the contract documents, the Contractor shall be liable for and shall pay the Owner $425.00 per calendar day as liquidated damages for each calendar day of delay until the Work is completed and ready for final inspection/acceptance.

ARTICLE IV – CONTRACT SUM:

A. For the performance of the work specified in the Contract Documents, Owner will pay Contractor and Contractor will accept as full compensation the sum of $(AMOUNT), subject to additions or deductions as provided in the contract documents;

B. Contract sum includes the following alternates, if any, which are described in the Contract Documents and are hereby, accepted by the Owner: N/A or List Alternates by Number, Name and Price

C. Unit Prices, if any, are as follows:

Where the quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Contractor, there shall be an equitable…