2. Bid Guarantee: Each bid must be accompanied by a certified check, cashier's check or draft in the amount of five percent (5%) of the total bid, and drawn on a solvent State or National Bank, or a ten percent (10%) Bid Bond issued by a surety authorized to do business in the State of South Dakota and payable to the City of Brookings, South Dakota.
3. Contract Bonds: Separate Payment and Performance Bonds guaranteeing faithful performance of the Contract and payment of all labor, materials, rentals, etc., will be required for an amount equal to one hundred percent (100%) of the amount of the Contract. All bonds must be issued or co-signed by a licensed resident agent of South Dakota.
4. Commencement and Completion: The Engineer will set the beginning date in a written "Notice to Proceed with Construction. The Contractor shall begin the work within ten (10) days of the date set forth in the written "Notice to Proceed" and shall complete the work within the number of calendar days, working days, or completion date or dates as shown in the Specifications.
5. Title VI: The City of Brookings, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.
6. Minimum Wage Rates: The successful bidder will be required to comply with all applicable Federal Labor Laws, including the minimum wage rates decision of the United States Department of Labor.
7. Affirmative Action: A Contractor who may be awarded a contract of $10,000 or more and subcontractors who may be awarded a subcontract of $10,000 or more will be required to maintain an affirmative action program, the standards for which are contained in the advertised specifications.
8. Award of Contract: The right is reserved, as the interest of the City of Brookings, South Dakota, may require, to reject any and all bids, to waive informality in bids received, and to accept or reject any items of any bid, unless such bid is qualified by specific limitation.
9. The contractor will certify that he and any of his subcontractors meet the requirements of 49 CFR, Part 29, regarding debarment, suspension, ineligibility and voluntary exclusion as further described in these specifications.
10. The contractor will certify that he and his subcontractors will comply with the 49 CFR, 30.17, regarding Foreign Trade Restrictions as further noted in project specifications.
11. The contractor will certify that he and his subcontractors will comply with "BUY AMERICAN CERTIFICATION (JAN. 1991)" as further noted in project specifications.
12. The contractor will comply with "BUY AMERICAN-STEEL AND MANUFACTURED PRODUCTS FOR CONSTRUCTION CONTRACTS (JAN. 1991)" as further described in project specifications.
13. If an applicant (corporation) has either unpaid Federal tax liability or has been convicted of a criminal violation under any Federal law within the preceding 24 months, the applicant is ineligible to receive an award unless the sponsor has received notification from the agency suspension and debarment official (SDO) that the SDO has considered suspension or debarment and determined that further action is not required to protect the Government’s interests.