Project Manual.pdf

PROJECT MANUAL

University Boulevard Gateway Signage

Project# 25-160978

OSE# R0326—08X/DEL

South Dakota State University Brookings, South Dakota 57007

Prepared By

Facilities and Services Building

North Campus Drive Brookings, South Dakota 57007

This Project Manual provides for liquidated delay damages in the amount of $150.00 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.

October 27th, 2025

THIS PAGE LEFT BLANK

South Dakota State University Gateway Signage 25-160978

Table of Contents TOC - 1

Table of Contents

PROCUREMENT AND CONTRACTING DOCUMENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

001000 - Table of Contents Pg. 2 001100 - Index Pg. 2 002000 - Invitation to Bid Pg. 2 003000 - Bidder’s Checklist Pg. 2 004000 - Asbestos Containing Materials Statement Pg. 2 005200 - Instructions to Bidders Pg. 8 005201 - Bid Form Pg. 4 005202 - Bid Modification Form Pg. 2 005203 - Sample Bid Envelope Pg. 2 005204 - Bid Bond Pg. 2 005205 - Performance and Payment Bond Pg. 8 005206 - Non-Resident Bidder Affidavit Pg. 2 005207 - Contractor’s Statement of Skills and Capabilities Pg. 4 005208 - Resident Non-Resident Subcontractor Certification Pg. 2 006000 - Agreement for Construction Pg. 4 007000 - General Conditions Pg. 50

DRAWINGS

A001 - Cover A002 - Site Plan A201 - Sections A202 - Wall Sections A301 - Elevations A501 - Details

END OF TABLE OF CONTENTS

Index 001100 - 1

Section 001100 – INDEX

PART 1 – Index

1.1 STATE OF SOUTH DAKOTA PROJECT MANUAL

A. Front End Sections B. General Conditions C. Construction Drawings

1.2 FRONT END INDEX

001100 INDEX

002000 INVITATION TO BID

003000 BIDDER’S CHECKLIST

004000 ASBESTOS CONTAINING MATERIALS STATEMENT

005200 INSTRUCTIONS TO BIDDERS

005201 BID FORM AND/OR EXPLANATION OF ALTERNATES

005202 FACSIMILE MODIFICATION TO BID FORM

005203 FORMAT FOR SEALED ENVELOPE

005204 BID BOND

005205 PERFORMANCE & PAYMENT BOND

005206 NON-RESIDENT BIDDER AFFIDAVIT

005207 CONTRACTOR’S STATEMENT OF SKILLS & CAPABILITIES

005208 RESIDENT SUBCONTRACTOR CERTIFICATION

006000 AGREEMENT FOR CONSTRUCTION

007000 GENERAL CONDITIONS AND INDEX

Index 001100 - 2

Invitation to Bid 00 1113 - 1

SECTION 002000 – INVITATION TO BID

University Boulevard Gateway Signage SDSU Work Order# 25-160978 OSE Project# R0326—08X/DEL

Sealed bids will be received by the Associate Vice President of Facilities & Services on behalf of South Dakota State University and the Board of Regents at the Office of Facilities & Services, Box 2150, FS100, South Dakota State University, Brookings, South Dakota 57007 until 2:00 PM on November 20th, 2025 for labor and materials associate with the University Boulevard Gateway Signage on the campus of South Dakota State University. All times listed are local to the construction site.

The project includes the full construction of a masonry gateway sign located at the intersection of University Boulevard and 22nd Avenue and measuring approximately forty feet in length by seven feet in height. Full construction includes installation of a concrete footing, CMU block, facing stone, precast concrete, and a lighted signage panel. The gateway sign will closely match other gateway monument signs currently on the SDSU main campus. On site construction activities shall not begin until May 11th, 2026 and shall conclude by July 15th, 2026.

Copies of the Plans and Specifications may be viewed or obtained by bidders at the office of SDSU Facilities & Services, 1451 Stadium Road, phone (605) 688-4444 OR at regional builder’s exchanges.

Anyone requesting, reviewing, or copying plans and specifications for this project (such individual is hereinafter referred to as “bidder”) agrees that they are doing so for the sole purpose of submitting a bid on the project. In consideration of the State of South Dakota providing such plans and specifications for the purpose of preparing a bid, bidder further agrees:

The plans and specifications are the sole property of the State;

Any copies of the plans and specifications obtained from the State or its agent, will be returned to the office of SDSU Facilities & Services immediately after the State provides notice that the 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 the bidder will not be awarded a contract, or thirty (30) days after the bid opening for the project, whichever occurs first;

If the bidder does not submit a bid, bidder will fulfill the requirements listed above on or before the date of the bid opening;

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 the purpose 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 this third party or such third party’s failure to comply with the provisions contained herein.

Invitation to Bid 00 1113 - 2

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

Each bid over $50,000.00 must be accompanied by 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 or a 10% bid bond issued by a surety authorized to do business in the State of South Dakota and made payable to the Board of Regents of the State of South Dakota.

South Dakota State University reserves the right to reject any or all bids and to waive any irregularities therein.

Barry Mielke, Assistant Vice President Facilities & Services

Bidder’s Checklist 003000 - 1

SECTION 003000 – 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 SDSU Facilities and Services 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 $50,000.00 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 the “Instructions to Bidders.”

Bidder’s Checklist 003000 - 2

Asbestos Statement 00 4000 - 1

SECTION 004000 – 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 this project MAY involve asbestos containing materials (greater than 1%). Proper procedures shall be followed in handling asbestos containing materials. This statement constitutes the warning and specifications required by SDCL 34-44-8. The owner or those representing the owner shall not be held responsible or liable for any injury to any individual resulting from his or her handling of or proximity to such materials. Further, the owner shall not be responsible for any extra cost to the bidder or contractor beyond that specified and included in the bid resulting directly or indirectly from handling of or proximity to these materials. 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 SDCL34-44, 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.

Asbestos Statement 00 4000 - 2

Instructions to Bidders 00 5200 - 1

SECTION 005200 – 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.

2. Submission of Bids.

Each bid must:

a. Be submitted on the prescribed bid form; 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 section 005203 Sample 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 SDSU Facilities and Services on or before the time set for opening bids in the Invitation for Bids. Bid Modifications will be accepted by electronic mail if received prior to the time set for opening bids.

Bids not properly marked may be disregarded. Bids will not be disregarded if received after the scheduled time for bid opening.

3. Modification of Bids.

a. Bids may be modified by mail, electronic mail, or facsimile notice received at the place designated in the Invitation to Bid, not later than the time set for the opening of bids. Bid modifications 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 section 005202 Bid Modification Form.

Any bid 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. Bidders can submit an email modification. The modification must be submitted on

Exhibit “A-1”, Modification to Bid Form to the email address tanner.aiken@sdstate.edu .

Pursuant to the requirements of SDCL §5-18A-5(6), SDSU will not accept any

Instructions to Bidders 00 5200 - 2 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 SDSU Facilities and Services, within 48 hours of said request, Contractor’s Statement of Skills and Capabilities with their bids. The Contractor’s Qualification Statement (AIA Document A305) or the AGC’s Contractor Qualification Statement may be used provided it includes all the information required by the State of South Dakota.

5. Bid Security.

Each bid over $50,000.00 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 alternates, may be furnished by the Contractor. See Exhibit "C" for Bid Bond form. Such a bond is 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 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 or by telegraphic communications or in person before the time specified in the advertisement therefore. 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 tanner.aiken@sdstate.edu .

Instructions to Bidders 00 5200 - 3

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 SDSU Facilities and Services, 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 SDSU Facilities and Services.

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. 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 SDSU Facilities and Services it is in the best interest of the State.

Instructions to Bidders 00 5200 - 4

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. After 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 prefers 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:

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

2. 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.

Instructions to Bidders 00 5200 - 5

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 a 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 an award on low base bid only, then a 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 $50,000.00, 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.

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 section 005205. (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.)

Instructions to Bidders 00 5200 - 6

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 readvertise 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 readvertising, 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.

Instructions to Bidders 00 5200 - 7

26. Applicable Standards.

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

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

ANSI C2, and as revised National Electrical Safety Code

27. Affirmative Action Plan.

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 regarding 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.

The above statement may be submitted to SDSU Facilities and Services 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.

Instructions to Bidders 00 5200 - 8

Bid Form 00 5201 - 1

SECTION 005201 – BID FORM

1. PROJECT: University Boulevard Gateway Signage

2. SDSU WO#: 25-160978

3. OSE#: R0326--08X/DEL

To: South Dakota State University Facilities and Services

Box 2150 FS 100 Phone: 605-688-4136 Brookings, SD 57007 Fax: 605-688-4010

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 this project.

as provided for in the project manual dated:

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.

Bid Form 00 5201 - 2

A Performance and Payment Bond as required by General Conditions will not be required on contracts which do not exceed Fifty Thousand Dollars ($50,000). (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 SDSU Facilities and Services, 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 SDSU Facilities and Services and shall be substantially completed Wednesday July 15th, 2026. On site presence by contractor and commencement of construction activities shall not begin until May 11th, 2026

Bid Form 00 5201 - 3

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 $50,000.)

It is understood that the right is reserved by the Owner to reject all bids and to waive any irregularities. It is further understood by the Bidder that they may not withdraw the Bid within 30 days after the actual opening thereof.

The bidder asserts they have 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 associated with 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.

BIDDER: ______________________________________________________

(Type Name of Firm)

BY: ______________________________________________________

(Signature of Firm’s Representative)

(Type Name and Title of Firm’s Representative)

TELEPHONE

FACSIMILE

E-MAIL ADDRESS_________________________________________________

BUSINESS ADDRESS

STATE OF INCORPORATION _______________________________________

Bid Form 00 5201 - 4

Bid Modification Form 00 5202 - 1

SECTION 005202 – BID MODIFICATION FORM

1. PROJECT: Agricultural Heritage Museum Historic Roof Repairs

2. SDSU WO#: 25-160978

3. OSE#: R0326—08X/DEL

To: South Dakota State University Facilities and Services

Box 2150 FS 100 Phone: 605-688-4136 Brookings, SD 57007 Fax: 605-688-4010

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.

Bid Modification Form 00 5202 - 2

It is understood that the right is reserved by the Owner to reject all bids and to waive any irregularities. It is further understood by the Bidder that they 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 _________________________________________________

FACSIMILE _________________________________________________

E-MAIL _________________________________________________

BUSINESS ADDRESS _____________________________________________

STATE OF INCORPORATION _______________________________________

Sample Bid Envelope 00 5203 - 1

SECTION 005203 – SAMPLE BID ENVELOPE

1. PROJECT: University Boulevard Gateway Signage

2. SDSU WO#: 25-160978

3. OSE#: R0326—08X/DEL

Return Address John Smith Contractor Box 1 Anytown, USA

TO: SOUTH DAKOTA STATE UNIVERSITY

FACILITIES & SERVICES

BOX 2150 FS 100

BROOKINGS, SD 57007

BID FOR: PROJECT NAME

LOCATION: BROOKINGS, SD

OSE#: XX-XXXX

TO BE OPENED: HOUR & DATE

ADDENDA RECEIVED: NUMBERS

Sample Bid Envelope 00 5203 - 2

Bid Bond 00 5204 - 1

SECTION 005204 – 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 ______________________________________ 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.

Bid Bond 00 5204 - 2

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 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:

Performance and Payment Bond 00 5205 - 1

SECTION 005205 – PERFORMANCE AND PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS, THAT WE

(Contractor) hereinafter called "Principal", and

(Surety) a corporation, organized and existing under the laws of the State of and duly authorized to transact business in the State of South Dakota, hereinafter called "Surety", are held and firmly bound unto the State of South Dakota, hereinafter called "Obligee", in the just and full sum of

______________________________________________________________________Dollars

($_________________) lawful money of the United States of America to be paid to the State of

South Dakota, which payment to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents.

The condition of this obligation is such that:

WHEREAS, Principal has initiated the Contract with Obligee, dated this __________ day of

___________________20____, for the construction of:

University Boulevard Gateway Signage

SOUTH DAKOTA STATE UNIVERSITY, BROOKINGS, SD

OSE# R0326—08X/DEL

which Contract is herein referred to and made a part hereof as fully and to the same extent as if the same were entirely written herein; and

WHEREAS it was one of the conditions of the award by Obligee of the Contract entered into that these presents should be executed.

PROVIDED, FURTHER, that the Surety, for consideration received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, to work to be performed thereunder or to the specifications accompanying the Contract shall in any manner affect its obligation on this Bond. The Surety hereby does waive notice of any such change, Performance and Payment Bond 00 5205 - 2 extension of time, alteration, or addition to the terms of the Contract, to the work or to the specifications.

PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim may be unsatisfied.

NOW, THEREFORE, if the Principal in all respects complies with the terms and conditions of the Contract and his (their or its) obligations thereunder, including specifications therein referred to and made a part thereof and any alteration made in such specifications as herein or therein provided, then this obligation is void, but otherwise remains in full force and effect.

A further condition of this bond is that in the event the Principal fails to pay all just claims and demands on the part of any employee, person, firm or corporation for labor and materials furnished for or used in connection with the prosecution of the work under the Contract, or fails to pay any tax which may accrue to the State of South Dakota under the provisions of the "Use Tax Act of 1939 and The Excise Tax on Realty Improvements under SDCL 10-46A," and Sections 5-21-3 and 5-21-4 of the South Dakota Codified Laws, this bond and the sureties thereon shall be responsible to such person, firm or corporation and to the State of South Dakota for the full payment of the value of such labor and materials so furnished, including payment of South Dakota use taxes and excise taxes on realty improvements.

SIGNED AND SEALED THIS _______ DAY OF_________________________, 20_______.

Performance and Payment Bond 00 5205 - 3

INDIVIDUAL PRINCIPAL

By _____________________________ Name (Affix Seal if available)

PARTNERSHIP OR CORPORATE PRINCIPAL

By ________________________________ Name

Title _______________________________ Business Name

(Affix Corporate Seal if available) Address

INDIVIDUAL, PARTNERSHIP OR CORPORATE SURETY

By ________________________________ Name

Title _______________________________ Business Name

(Affix Corporate Seal if available) Address

Surety's South Dakota License Number: ____________________________________________

Attorney-In-Fact's Name: ________________________________________________________

Attorney-In-Fact's South Dakota License Number: ____________________________________

Performance and Payment Bond 00 5205 - 4

ACKNOWLEDGMENT OF PRINCIPAL

(Individual)

State of ________________________)

County of _______________________)

On this ______________________ day of ______________ , 20 ____ , before me personally appeared __________________________________ , known to me to be the individual described in and who executed the foregoing instrument and acknowledged to me that he/she executed the same.

Notary Public

My commission expires the__________ day of ________________________________, 20___

Performance and Payment Bond 00 5205 - 5

(Partnership)

On this ______________________ day of ______________ , 20 ____ , before me personally appeared __________________________________________ , who acknowledged himself/herself to be one of the partners of ________________________________________, a partnership, and that he/she, as such partner, being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the partnership by himself/herself as a partner.

My commission expires the__________ day of ______________________________, 20

Performance and Payment Bond 00 5205 - 6

(Corporation)

On this ________ day of ______________ , 20 ____ , before me personally appeared ______________, who acknowledged himself/herself to be the ____________________of ______________________, a corporation, and that he/she, as such ___________________ being authorized so to do, executed the foregoing instrument for the purposes therein contained, by signing the name of the corporation by himself/herself as ___________________.

Performance and Payment Bond 00 5205 - 7

ACKNOWLEDGMENT OF SURETY

(Corporate Officer)

On this ________day of _______________ , 20 ____, before me, a Notary Public in and for said County, personally appeared _______________ personally known to me, who being by me duly sworn, did say that he/she aforesaid officer of the____________________________ of ____________________, a corporation duly organized and existing under the laws of the State of ________________, that the seal affixed to the foregoing instrument is the corporate seal of said corporation, that the said instrument was signed, sealed and executed in behalf of said corporation by authority of its Board of Directors, and further acknowledges that the said instrument and the execution thereof to be the voluntary act and deed of said corporation.

IN WITNESS WHEREOF, I have hereunto subscribed by name and affixed by official seal at __________________________________, the day and year last above written.

Performance and Payment Bond 00 5205 - 8

ACKNOWLEDGMENT OF SURETY

(Attorney-In-Fact)

On this ___________day of ______________________ , 20____ , before me personally appeared ____________________________ known to me or satisfactorily proven to the person whose name is subscribed as attorney in fact for __________________________________ and acknowledged that he/she executed the same as the act of his/her principal for the purpose therein contained.

IN WITNESS WHEREOF, I hereunto subscribed my name and affixed my official seal at _________________________________, the day and year last above written.

APPROVAL AS TO FORM

Approved as to form this ___________day of ___________________________ , 20____

Assistant Attorney General

Non-Resident Bidder Affidavit 00 5206 - 1

SECTION 005206 – NON-RESIDENT BIDDER AFFIDAVIT

Business Name: _________________________________________________________

Business Address: _________________________________________________________

Affiant’s Name: _________________________________________________________

Affiant’s Title: _________________________________________________________

Project Name: ____University Boulevard Gateway Signage_____________________

Project Location: _____South Dakota State University, Brookings, SD______________

OSE Project Number: ____R0326—08X/DEL____________________________________

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 _________________________________

Non-Resident Bidder Affidavit 00 5206 - 2

ACKNOWLEDGEMENT OF AFFIANT

County 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.

Contractor’s Statement of Skills and Capabilities 00 5207 - 1

SECTION 005207 – CONTRACTOR’S STATEMENT OF SKILLS AND CAPABILITIES

Project Name:__University Boulevard Gateway Signage_________________

Location:__South Dakota State University, Brookings, SD_________________________

OSE #:__R0326--08X/DEL__________________________________________________

CONTRACTOR INFORMATION

A. Business Structure

Submitted By:

1. Current Business Name and Address.

Business Name:

Address:

Phone:

Fax:

e-mail:

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:

Contractor’s Statement of Skills and Capabilities 00 5207 - 2

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:

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

Contractor’s Statement of Skills and Capabilities 00 5207 - 3

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 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 lawsuits 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 the 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.

Contractor’s Statement of Skills and Capabilities 00 5207 - 4

7. On separate paper, list the major construction projects your company has completed in the last five years. For the 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 construction your company has 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:

Resident & Non-Resident Subcontractor Certification 00 5208 - 1

SECTION 005208 – RESIDENT & NON-RESIDENT SUBCONTRACTOR CERTIFICATION

Company: _______________________________________ Contract Amount: ______________

Date: ___________________________________________

Project Name: University Boulevard Gateway Signage

Location: South Dakota State University, Brookings, SD

OSE#: R0326--08X/DEL

Resident Subcontractors

Company Location Labor Cost % Value of Contract

Total:

Resident & Non-Resident Subcontractor Certification 00 5208 - 2

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 prefers resident bidders.

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

Agreement for Construction 00 6000 - 1

SECTION 006000 – AGREEMENT FOR CONSTRUCTION

1. Project Manual & Drawings Prepared By:

a. South Dakota State University Facilities & Services

2. Project: Agricultural Heritage Museum Historic Roof Repairs

THIS Agreement is made on the day of , 2025 by and between (the "Contractor") and the State of South Dakota 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…