Advertisement for Bids: KLJ 19-087-A

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Bid No. 19-087-A

BIA Route 7 to US Hwy 83 Improvement Project

Phase 1 (Rosebud to 8.4 Miles East)

Rosebud Sioux Tribe

Rosebud, South Dakota

NOTICE IS HEREBY GIVEN that the Rosebud Sioux Tribe of Rosebud, South Dakota, will receive bids until February 26, 2020 at the hour of 12:00 p.m. (CT) at the Rosebud Sioux Tribe Treasurer’s office. Remitters will deliver either by certified mail or hand delivered to Stephan L. Denoyer, III, Treasurer, Rosebud Sioux Tribal Office, 11 Legion Avenue, Rosebud, SD 57570. The bid documents shall be sealed and endorsed, “Bid No. 19-087-A BIA Route 7 to US Hwy 83 Improvement Project, Phase 1”. This is for the furnishing of materials, labor, equipment and skill required for the purpose of Grading, Storm Sewer and Culverts, Geotextile, Aggregate Base Course, Curb and Gutter, Asphalt Concrete, Portland Cement Concrete Paving, Cast-in-place Retaining Wall, Sidewalk, Lighting, Pavement Marking, Signage and Other Miscellaneous Work as is more fully described and set forth in the Plans and Project Manual, which are now on file in the office of the MAP-21 Program, Rosebud Sioux Tribe, Mission, South Dakota and at the office of KLJ. Bids shall be publicly opened and read on February 26, 2020 at the hour of 1:30 p.m. (CT) at the Rosebud Sioux Tribe TECRO Office, 306 Buffalo Park Lane, Rosebud, SD.

The project generally consists of, but is not necessarily limited to, the following major items:

Reconstruction of 8.4 miles of existing paved and gravel roads. Work includes salvaging existing asphalt pavement and base course, grading, culvert removal and installation, placement of geotextile fabric, base course, asphalt concrete paving, curb and gutter, Portland cement concrete paving, cast-in-place concrete retaining wall, sidewalk, street lighting, signage, and pavement marking.

The Contract Documents consisting of a Project Manual with plans and details may be examined or obtained from KLJ, 330 Knollwood Drive, Rapid City, SD 57701. Copies of the plans and specifications and other bidding contract documents may be obtained by payment of One hundred forty dollars ($140.00) to KLJ, 330 Knollwood Drive, Rapid City, SD 57701 for each set so obtained. Payment will be returned to Contractors who bid on the project upon returning plans and specifications. An optional, complete set of digital project bidding documents are available at “Projects for Bid” or You may download the digital plan documents for Forty-two dollars ($42.00) by inputting Quest project #6696156 on the website’s Project Search page. Please contact at 952-233-1632 or This email address is being protected from spambots. You need JavaScript enabled to view it. for assistance in free membership registration, downloading and working with this digital project information.

Bidders may contact Tonya Huber with KLJ at 605-721-5553 with questions regarding the plans and specifications.

A Pre-Bid Conference will be held February 20, 2020 at 1:00 p.m. (CT) at the BIA Conference Room, 1004 Omaha St, Mission, SD. The Pre-Bid Conference in not mandatory.

The Bidder is advised that the Owner is a federally recognized Indian Tribe and is completing the BIA Route 7 to US Hwy 83 Improvement Project, Phase 1 under its awarded FY 2016 TIGER VIII Discretionary Grant fund received from the US Department of Transportation Federal Highway Administration and administered through the Tribal Transportation Program (TTP) with funds received under an Addendum to the Owner’s Federal TTP Agreement as set forth more fully in the Bid Form and the Supplementary Conditions.

The Project shall be conducted in accordance with all applicable Laws and Regulations and the terms of the Owner’s Federal TTP Agreement as amended including the requirement that the project be listed on the TTP Transportation Improvement Program (TTIP) approved by the Federal Highway Administration.

The Contractor shall comply with all applicable Federal civil rights laws and regulations. The Contractor shall, in all solicitation or advertisements for employees placed by or on behalf of the Contractor, state that all applicants will receive consideration for employment without regard to sex, race, creed, color, or national origin, and that a preference shall be applied for qualified Indian applicants.

This contract includes a Native American Preference. If a Native American contractor’s bid is less than five percent higher than a non-native American contractor’s bid, the contract may be awarded to the Native American Contractor. Firms or individuals seeking such preference must submit evidence of Indian ownership and control in the sealed bid envelope.

The successful Bidder and subcontractors in performance of the construction work will be required to comply with all applicable federal labor laws including minimum wage rates decisions of the United States Department of Labor (Davis-Bacon Act) and the Rosebud Sioux Tribe. The Contractor shall be required to comply with the terms and conditions of the Rosebud Sioux Tribe, including Ordinance No. 86-03; the Tribal Employment & Contracting Rights Ordinance (TECRO). The TECRO Information sheets and Compliance Plan are included in the Project Manual only for the Vendor’s convenience, with all TECRO documentation to be submitted to the proper TECRO authorities listed in the documents. The Contractor must submit a letter stating proof of compliance to the Owner, copied to the Engineer, prior to commencing work. The Tribal Employment & Contracting Rights Office can be contacted for questions at (605) 747-2322 and the ordinance and compliance plan may be viewed at The prevailing wage scale on all federally funded construction projects will fall under the Davis-Bacon Act or TECRO Wage Scale, whichever is higher or whenever a particular skill is not classified under the Davis-Bacon Act, unless the contract specifically states otherwise.

The Bidder shall include the 3 percent TECRO fee along with any other TECRO payment requirements in the total bid price.

The Bidder shall include all other required Tribal, State, and Federal fees and taxes in the total bid price.

The Awarded Bidder must obtain a Rosebud Sioux Tribe business license pursuant to Tribal Law and Order Code, Title 11-Tribal Tax Code prior to being contracted with Rosebud Sioux Tribe. Bidders are responsible for contacting the Tribe with regard to Tribal tax laws and the business license fee and other requirements. The taxes include contractor’s excise, sales, and use taxes. For more information, contact the Rosebud Sioux Tribe Revenue Office, PO Box 430, Rosebud, SD 57570 and (605) 747-5045.

The Rosebud Sioux Tribal Historic Preservation Cultural Resource Management Office (THPO) will be monitoring ground disturbance construction activities. The Contractor is responsible for coordinating and communicating project schedule with the THPO for all ground disturbance work. The Contractor will also be responsible for conducting regular safety meetings.

Rosebud Sioux Tribe Sand and Gravel/Motor Fuel Tax Program: The Bidder may contact Mr. Robert Long at 605-856-2589 to obtain a bid for aggregate materials meeting specifications.

The Base Bid contract work shall be substantially completed by October 31, 2021 and finally completed by December 31, 2021 in accordance with the Special Provision for Contract Time. If the Add Alternate Bid is awarded the substantial and final completion dates will be revised to August 31, 2022 and October 31, 2022, respectively. Upon award of the contract a Notice to Proceed will be issued stating when construction operations are to begin.

All bids are to be submitted on the basis of cash payment for the work and materials, and each bid shall be accompanied by a certified check or cashier’s check or draft for five percent (5%) of the amount of the bid, such check to be certified or issued by either a state or national bank and payable to the Rosebud Sioux Tribe or in lieu thereof, a bidder’s bond in a sum equal to ten percent (10%) of the full amount of the bid. Successful Bidder shall furnish an approved Construction Performance Bond and Construction (Labor and Materials) Payment Bond, each in the amount of one hundred percent (100%) of the contract amount. Insurance as required shall be provided by the successful Bidder and a certificate of that insurance shall be provided in accordance with Article 6 of the General Conditions as amended.

No bid may be withdrawn after the scheduled time for the public opening of the Bids specified above.

The Rosebud Sioux Tribe reserves the right to reject any and all bids, to waive any informality in any bid, to hold all bids for a period not to exceed ninety (90) days from the date of opening bids, and to accept the bid deemed most favorable to the interest of the Tribe.

Should the Contractor fail to substantially complete the work within the time required herein or within such extra time as may have been granted by formal extensions of time approved by the Owner, there will be deducted from any amount due the Contractor the sum of $2,300.00 per day for each working day that the work is not complete. If the substantial completion date is met but the final completion date is not met, the amount of liquidated damages will be assessed in accordance with Section 8.8, Table B of the South Dakota Department of Transportation Standard Specification for Roads and Bridges. The Contractor and his surety will be liable for any excess. Such payment will be as liquidated damages and not as a penalty.

All bidders are invited to be present at the public opening of the bids.

Dated this 31st day of January 2020.

/s/ Lynda Douville, Director

MAP-21 Program

Rosebud Sioux Tribe

Published three times at the total approximate cost of $302.51

Published: February 5, 12, 19, 2020

PO Box 229, Mission, SD 57555 • 605-856-4469 • This email address is being protected from spambots. You need JavaScript enabled to view it.