Project Manual.pdf

PROJECT MANUAL

REPLACE FAILING INTERIOR LIGHTS THROUGHOUT FACILITY – MITCHELL CSMS #1

MITCHELL, SOUTH DAKOTA

CFMO# 466495

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 $575.00 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-B .............. ELECTRONIC BIDDING INSTRUCTIONS

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

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00 00 02 – INVITATION TO BID 1 Form: October 30, 2020

Invitation to Bid

Electronic bids will be accepted by the State Engineer on behalf of the South Dakota Department of the Military at https://sdcsm.servicenowservices.com/now/cwf/agent/list/params/list-id/eff370f7db6ec110b2fb93d4f3961903/tiny-id/0dab93c41b89d9100fd94262f54bcbe9 until September 7, 2023 at 2:00 PM CT Replace Failing Interior Lights throughout Facility – Mitchell CSMS #1 project in Mitchell, South Dakota, CFMO# 466495.

There will be an on-site pre-bid meeting on August 30, 2023 at 1:00 PM CT. All bidders can meet at the east visitor/POV parking lot of the CSMS #1 Parking Lot at 1215 Industrial Road, Mitchell SD 57301. This pre-bid meeting is optional but is the bidders only opportunity to review the site. SD Dept. of the Military contact is Kyle Roe, kyle.roe@state.sd.us, 605 381 4093.

Copies of the Plans and Specifications may be obtained by bidders at the Construction and Facilities Management Office, 2823 West Main Street – Building 420, Rapid City, SD 57702, 605 737-6605, kyle.roe@state.sd.us. 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. All active bids can be found here: https://boa.sd.gov/state-engineer/adv-advertisements.aspx

Published twice at the total approximate cost of______.

To Be Advertised In The:

Mitchell Republic on August 26, 2023 and September 2, 2023.

https://sdcsm.servicenowservices.com/now/cwf/agent/list/params/list-id/eff370f7db6ec110b2fb93d4f3961903/tiny-id/0dab93c41b89d9100fd94262f54bcbe9 https://sdcsm.servicenowservices.com/now/cwf/agent/list/params/list-id/eff370f7db6ec110b2fb93d4f3961903/tiny-id/0dab93c41b89d9100fd94262f54bcbe9 mailto:kyle.roe@state.sd.us https://boa.sd.gov/state-engineer/adv-advertisements.aspx

00 00 03 – BIDDERS CHECKLIST 1 August 2023

BIDDER’S CHECKLIST

The following items need to be submitted along with your bid, via the electronic bidding platform. All bids and any modifications to bids must be in the hands of the State Engineer or the State Engineer's representative, via the electronic bidding platform, on or before the time set for opening bids in the Invitation for Bids.

All blanks on the electronic Bid Form are filled in.

Receipt of all addenda is noted on the electronic Bid Form.

Bid Form is electronically 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 copy of the bid bond or security is submitted with the electronic bid and is mailed to the Office of the State Engineer.

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

00 00 03 – BIDDERS CHECKLIST 2 April 2023

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00 00 04 – ASBESTOS STATEMENT 1 April 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 April 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 via the electronic bidding platform;

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

All bids and any modifications to bids must be in the hands of the Engineering Manager or the Engineer Manager's representative, via the electronic bidding platform, on or before the time set for opening bids in the Invitation for Bids. Bids will not be received after the time for bid opening.

3. Modification of Bids.

Bids may be modified, via the electronic bidding platform, at any time, not later than 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.

4. Contractor’s Qualification Statement.

For bids of $100,000.00 or more, the low bidder, upon request, must submit to the Dept. 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 be used provided it includes all the information required by the OSE 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. A certified check, cashier’s check or draft shall be received at the Dept. of the Military no later than the date and time of the bid opening.

00 00 05 – INSTRUCTIONS TO BIDDERS 2 August 2023

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. A copy of the bid bond shall be attached to the bid, via the electronic bidding platform.

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, via the electronic bidding platform, at any time 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.

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 in person or online.

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. Consideration of Bid Proposals.

At the time of opening bid proposals, the State will verify the bidder is prequalified for the specified work type and the bidder’s bidding capacity at that time is sufficient to handle the work for which the bidder submitted a bid proposal. The State reserves the right to refuse to accept a bid proposal for any of the following reasons:

A. Lack of competency or adequate machinery, plant, or other equipment, as shown by the Contractor’s

Prequalification Statement;

B. Uncompleted work which the State determines, in its sole discretion, may hinder or prevent the prompt completion of additional work;

C. Failure to pay or satisfactorily settle any legal obligation due for labor or material on any contract at the time of issuance of bid;

D. Failure to comply with the State’s prequalification regulations;

E. Default under any previous contract or contracts;

00 00 05 – INSTRUCTIONS TO BIDDERS 3 August 2023

F. Debarment by the State or the federal government;

G. Disqualification by the State. The following reasons will be considered sufficient for disqualifying a bidder and rejecting the bid proposal or bid proposals:

1. Submittal of more than one bid proposal for the same work from an individual, firm, or corporation under the same or different name; or,

2. Evidence of collusion among bidders. A participant in collusion will not receive recognition as a bidder for future work with the State until reinstated as a qualified bidder;

H. Lack of overall bidding capacity as established by the Contractor’s prequalification statement, considering the uncompleted work currently under contract;

I. Lack of per contract bidding capacity as established by the Contractor’s prequalification statement; or J. Unsatisfactory performance on previous work or any current contract or contracts consisting of, but not limited to:

1. Noncompliance with contract specifications, contract requirements, or Engineer's directives;

2. Failure to complete work on time;

3. Instances of substantial corrective work prior to acceptance;

4. Instances of completed work that requires acceptance at reduced pay;

5. Production of work or materials not meeting required specifications, and when applicable, requiring price reductions or corrective work;

6. Failure to provide adequate safety measures or appropriate traffic control that endangers the safety of the work force and public;

7. Questionable moral integrity as determined by the Attorney General of the State, or the State; or,

8. Failure to reimburse the State for monies owed on any previously awarded contract including any contract where the prospective bidder is a party to a joint venture and the joint venture has failed to reimburse the State for monies owed.

After opening, the State will compare the bid proposals on the basis of the summation of the products of the quantities shown in the bid proposal by the unit bid prices. The State will make results of such comparisons available to the public. In the event of a discrepancy between unit bid prices and extensions, the unit bid price will govern.

The State reserves the right to reject any bid proposal, the right to waive technicalities, and the right to reject all bid proposals and advertise for new bid proposals, if in the sole judgment of the State the rejection or waiver will promote the best interest of the State.

13. 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 the Engineering Manager it is in the best interest of the State.

14. Award of Contract.

If the contract is awarded, it will be awarded to the responsible bidder submitting the lowest bid, subject to paragraph 18 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.

15. 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.

00 00 05 – INSTRUCTIONS TO BIDDERS 4 August 2023

16. 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.

17. 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"):

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

18. 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.

19. 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.

20. 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 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.)

21. 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.

22. 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.

00 00 05 – INSTRUCTIONS TO BIDDERS 5 August 2023

23. 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.

24. Liquidated Damages.

See Article 10.3.4 of the General Conditions.

25. 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.

26. 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.

27. 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:

A. ANSI Z53.1 - 1971, and as revised

Safety color code for marking physical hazards.

B. ANSI A13.1 - 1975, and as revised

Scheme for the identification of piping systems.

C. ANSI C2, and as revised

National Electrical Safety Code.

28. 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 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.

29. Procurement Law.

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

30. Federal Registration.

All bidders shall be registered with SAM.gov.

00 00 05 – INSTRUCTIONS TO BIDDERS 6 August 2023

Exceed the Standard Adapt to Change Collaborate for Solutions

Office of the State Engineer 523 East Capitol Ave. Pierre, South Dakota 57501

605.773.3466 / http://boa.sd.gov/state-engineer

May 9, 2022

RE: ELECTRONIC BIDDING

The State of South Dakota, Office of the State Engineer (OSE), has switched to an electronic bidding platform! Please find below screen shots and information on submitting an electronic bid.

The State of SD has switched to a “single sign on” platform for all State services. Therefore, the username and password you use for purchasing a SD hunting or fishing license would be the same username and password you would use to submit an electronic bid on an OSE project. We just want you to be cognizant of that as you set up your SD.gov account.

Each project will have its own unique web address for bidding. This can be found in the advertisement on our website for that specific project, the builders exchanges advertisements, as well as the newspapers. If you ever cannot find the link, please reach out to OSE at the contact information above and we can assist you.

When you click the link, it will ask you to log on. Once you have logged on, you’ll see the project title and a button to click for “Submit Bit.”

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Once you click “Submit Bid” you will see the project information populate and the path on top. The Contractor will be prompted to enter their company information.

Text Box The project information will auto populate, including the bid opening date.

Once you click next, it will bring you to the bid form for the project. This will have base bid plus any alternates. The base bid must be filled in with numbers only (no symbols). Once you fill base bid in and click outside of that field, the review tab will auto populate with symbols for you to review.

If your bid is over $100,000 an additional line will appear asking for a copy of a bid bond. This will only show up, if your bid exceeds that threshold. Please attach a copy (jpg, pdf, or similar) to your bid. If you prefer to mail a certified check, there is also a button you can select that says, "I have mailed a check to OSE, in lieu of a bid bond."

This project has one alternate listed. Click on the pencil to edit the value for the alternate.

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Once you click the pencil, it will ask from a drop down menu if you want to add, deduct, or zero dollar change for the alternate. The alternate title will be listed for reference. Once you make your selection, enter your dollar value and click save.

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This will then bring you to your bid form filled out for your review. Then click "Next."

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Alternate Title

If your project has unit prices, they will populate next for you to fill out. You would enter those in the same fashion that you entered your alternate. Click "Next" to proceed.

This then brings you to your final review page

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Review all information!

Review all information!

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Text Box Once you click submit, you will see this screen. If you click, view request, you can view and/or edit at any time.

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Text Box This should say Bid Received. If an addenda is added, it will say Ack. Addenda.

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Comments on the project are here. Any addendum's issued would show up in the comments (as well as emailed).

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Text Box Click on "Close Request" only if you want to withdraw your bid entirely.

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Text Box Any attachments are under the "Attachments Tab"

• Make sure the email address you use is checked regularly

• When an addendum is issued, you will be notified via email to log back on and acknowledge the addendum(s)

• For projects over $100K, there will be a link to attach a copy of your bid bond or an address to send a cashier’s check to (we prefer bid bond over check if possible)

• Any bids submitted will not be visible to those of us at OSE until the day/time of the bid opening

• Once you submit your bid, you will receive an email acknowledging that it was received automatically

• You may withdraw your bid electronically at any time before the bid closes

• Bid Tabulations can be found here, after the bid closes o OSE Pr https://www.sd.gov/cs/?id=ose_projectsojects - Citizen Services (sd.gov) https://www.sd.gov/cs/?id=ose_projects

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Once you submit your bid, you will receive an email similar to the snapshot below. You will receive similar emails for any addendum's issued.

00 00 05-C – BID BOND 1 April 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 April 2023

00 00 05-D – PERFORMANCE AND PAYMENT BOND 1 April 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.

https://boa.sd.gov/state-engineer/forms.aspx

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

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

00 00 05-F – CONTRACTOR’S STATEMENT 1 April 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:

Location:

CFMO #

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 April 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 April 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 April 2023

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

EXHIBIT “G”

RESIDENT AND NON-RESIDENT

SUBCONTRACTOR BREAKOUT

Company: Contract Amount:

Date:

Re: Project Name:

Project Location:

CFMO #

Resident Contractors

Company Location Labor Cost % Value of Contract

Total:

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

00 00 07 – GENERAL CONDITIONS 1 of 35 December 15, 2022

GENERAL CONDITIONS

TO

AGREEMENT FOR CONSTRUCTION

INDEX Article

Definitions

Execution, Correlation & Intent

Ownership, Use of Documents, Confidentiality of Documents

Ownership of Work Product....................................................................................................................................... 3.1 Confidentiality of Documents .................................................................................................................................... 3.2 Return of Documents ................................................................................................................................................. 3.3 Terms to Be Included in Subcontracts ........................................................................................................................ 3.4

A/E’s Responsibilities

Owner's Rights & Responsibilities Information & Services Required of the Owner ......................................................................................................... 5.1

Owner's Right to Stop the Work ................................................................................................................................. 5.2

Owner's Right to Carry Out the Work ........................................................................................................................ 5.3 Owner's Right to Access for Observation or Other Work ........................................................................................... 5.4

Contractor's Responsibilities

Review of Contract Documents.................................................................................................................................. 6.1

Supervision & Construction Procedures ..................................................................................................................... 6.2 Labor & Materials ...................................................................................................................................................... 6.3 Substitutions .............................................................................................................................................................. 6.3.4

Guarantees/Warranty ................................................................................................................................................ 6.4

Taxes .......................................................................................................................................................................... 6.5 Permits, Fees & Notices ............................................................................................................................................. 6.6 Superintendent .......................................................................................................................................................... 6.7 Construction Progress Schedule................................................................................................................................. 6.8

Documents & Samples at the Site .............................................................................................................................. 6.9

Shop Drawings, Product Data & Samples ................................................................................................................... 6.10 Shop Drawing & Product Data Procedures ................................................................................................................. 6.10.9 Samples Procedures ................................................................................................................................................... 6.10.10 Use of Site .................................................................................................................................................................. 6.11

Cutting & Patching of Work ....................................................................................................................................... 6.12

Cleaning Up ................................................................................................................................................................ 6.13 Communications ........................................................................................................................................................ 6.14 Royalties & Patents .................................................................................................................................................... 6.15 Indemnification .......................................................................................................................................................... 6.16 Default ....................................................................................................................................................................... 6.17

Subcontractors Definitions .................................................................................................................................................................. 7.1 Award of Subcontracts & Other Contracts ................................................................................................................. 7.2 Subcontractual Relations ........................................................................................................................................... 7.3

Work by Owner or by Separate Contractors Owner's Right to Perform Work & Award Separate Contracts ................................................................................... 8.1 Mutual Responsibility ................................................................................................................................................ 8.2 Owner's Right to Clean Up ......................................................................................................................................... 8.3

00 00 07 – GENERAL CONDITIONS 2 of 35 December 15, 2022

Miscellaneous Provisions

Governing Law ........................................................................................................................................................... 9.1

Successors & Assigns .................................................................................................................................................. 9.2 Written Notice ........................................................................................................................................................... 9.3 Claims for Damages ................................................................................................................................................... 9.4 Performance & Labor and Material Payment Bond ................................................................................................... 9.5

Rights & Remedies ..................................................................................................................................................... 9.6

Tests ................................................................................................