- Pcn
- 0AD2
- Area
- Rapid City
- Item No
- 6
- Qa Text
- South Dakota Department of Transportation - Bid Letting Information SDEBS Lettings Regional Lettings Bidding Information NEW Electronic Bidding Contractor Information Bid Letting Staff Error Message An error has occurred on the page you requested. Please contact the bid letting office at 605-773-3275 to report this error. Bid Letting Home Bid Letting Log In
- Pdf Text
- 6
DEPARTMENT OF TRANSPORTATION
NOTICE TO CONTRACTORS,
PROPOSAL, SPECIAL PROVISIONS,
CONTRACT AND CONTRACT BOND
FOR
ROCKFALL MITIGATION
FEDERAL PROJECT NO. P 014A(38)20
(PCN 0AD2)
US HIGHWAY 14A
IN LAWRENCE COUNTY
NOTICE TO ALL BIDDERS
TO REPORT BID RIGGING ACTIVITIES, CALL: 1-800-424-9071
THE U.S. DEPARTMENT OF TRANSPORTATION (DOT) OPERATES THE ABOVE TOLL-
FREE “HOTLINE” MONDAY THROUGH FRIDAY, 8:00 A.M. TO 5:00 P.M., EASTERN TIME.
ANYONE WITH KNOWLEDGE OF POSSIBLE BID RIGGING, BIDDER COLLUSION, OR
OTHER FRAUDULENT ACTIVITIES SHOULD USE THE “HOTLINE” TO REPORT SUCH
ACTIVITIES.
THE “HOTLINE” IS PART OF THE DOT’S CONTINUING EFFORT TO IDENTIFY AND
INVESTIGATE HIGHWAY CONSTRUCTION CONTRACT FRAUD AND ABUSE AND IS
OPERATED UNDER THE DIRECTION OF THE DOT INSPECTOR GENERAL.
ALL INFORMATION WILL BE TREATED CONFIDENTIALLY, AND CALLER ANONYMITY
WILL BE RESPECTED.
* * * *
PLANS, PROPOSALS AND ADDENDA
AFTER AWARD OF CONTRACT, THE LOW BIDDER WILL RECEIVE TEN (10)
COMPLIMENTARY SETS OF PLANS, PROPOSALS, PROJECT Q & A FORUM, AND
ADDENDA FOR FIELD AND OFFICE USE. AN ELECTRONIC COPY WILL ALSO BE
PROVIDED. ANY ADDITIONAL COPIES REQUIRED WILL BE THE RESPONSIBILITY OF THE
CONTRACTOR.
* * * *
Project Number: P 014A(38)20 Revised 10/8/25
PCN 0AD2
NOTICE TO CONTRACTORS
Bid proposals for this project will be prepared, transmitted, and received electronically by the
South Dakota Department of Transportation (SDDOT) via the South Dakota Electronic Bid
System until 10 A.M. Central time, on November 18, 2026, at which time the SDDOT will open
bids. All bids will be checked for qualifications with results posted on the SDDOT website. The
South Dakota Transportation Commission will consider all bids at a scheduled Commission
meeting.
The work for which proposals are hereby requested is to be completed within the following
requirement(s):
FIELD WORK COMPLETION: MAY 28, 2027
The project category is Category I
The project type is Grading
The geographic zone is Zone 3
THE DBE GOAL FOR THIS PROJECT IS: N/A
WORK TYPE FOR THIS PROJECT IS: WORK TYPE 2
Bidding package for the work may be obtained at:
http://apps.sd.gov/hc65bidletting/ebslettings1.aspx#no-back-button
The South Dakota Standard Specifications for Roads and Bridges, 10-7-26 Version, may be
obtained at https://dot.sd.gov/doing-business/contractors/standard-specifications/ .
The electronic bid proposal must be submitted by a valid bidder as designated by their
company’s https://apps.sd.gov/HC65C2C/EBS/BidAdminAuthorizationForm.pdf. A bidding
administrator will have privileges in the SDEBS to prepare bids, submit bids, and authorize
additional company employees to prepare and submit bids. Additionally, a bidding
administrator will be responsible for maintaining the list of authorized bidders for the company
and will have the ability to add employees, remove employees, and set-up bidder
identifications and passwords within the SDEBS. Bidding Administrator authorization will
remain in full force and effect until written notice of termination of this authorization is sent by
an Officer of the company and received by the Department.
A bidder identification and password, coupled with a company identification previously
assigned by the Department, will serve as authentication that an individual is a valid bidder for
the company.
Contact information to schedule a preconstruction meeting prior to commencing with the work
on this project.
Mike Carlson
2300 Eglin St PO Box 1970
Rapid City, SD 57709-1970
Phone: 605/394-2244
PROPOSAL Revised 8/10/11
SOUTH DAKOTA DEPARTMENT OF TRANSPORTATION, STATE OF SOUTH DAKOTA:
Ladies / Gentlemen:
The following proposal is made on behalf of the undersigned and no others. It is in all respects
fair and is made without collusion on the part of any other person, firm or corporation not
appearing in the signature to this proposal.
The undersigned certifies that she / he has carefully examined the plans listed herein, the
Specifications hereinbefore referred to, the Special Provisions and the form of contract, both of
which are attached hereto. The undersigned further certifies that she / he has personally
inspected the actual location of the work, together with the local sources of supply and that she /
he understands the conditions under which the work is to be performed, or, that if she / he has
not so inspected the actual location of the work, that she / he waives all right to plea any
misunderstanding regarding the location of the work or the conditions peculiar to the same.
On the basis of the plans, Specifications, Special Provisions and form of contract proposed for
use, the undersigned proposes to furnish all necessary machinery, tools, apparatus and other
means of construction, to do all the work and furnish all the materials in the manner specified, to
finish the entire project within the contract time specified and to accept as full compensation
therefore the amount of the summation of the products of the actual quantities, as finally
determined, multiplied by the unit prices bid.
The undersigned understands that the quantities as shown in the Bid Schedule are subject to
increase or decrease, and hereby proposes to perform all quantities of work, as increased or
decreased, in accordance with the provisions of the specifications, and subject to any applicable
special provisions, and at the unit prices bid.
The undersigned understands that the "Total or Gross Amount Bid" as immediately hereinbefore
set forth is not the final amount which will be paid if this proposal is accepted and the work done,
but that such amount is computed for the purpose of comparison of the bids submitted and the
determination of the amount of the performance bond.
The undersigned further proposes to perform all extra work that may be required on the basis
provided in the specifications, and to give such work personal attention in order to see that it is
economically performed.
The undersigned further proposes to both execute the contract agreement and to furnish a
satisfactory performance bond, in accordance with the terms of the specifications, within twenty
(20) calendar days after the date of Notice of Award from the South Dakota Department of
Transportation that this proposal has been accepted.
CERTIFICATION REGARDING LOBBYING
I certify, to the best of my knowledge and belief, that: No Federal appropriated funds have
been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, an
officer or employee of Congress, or an employee of a member of Congress in connection with
the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative
agreement. If any funds other than Federal appropriated funds have been paid or will be paid
to any of the above mentioned parties, the undersigned shall complete and submit Standard
Form LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify and
disclose accordingly. This certification is a material representation of fact upon which reliance
was placed when this transaction was made or entered into. Submission of this certification is
a prerequisite for making or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty or not less than $10,000 and not more than $100,000 for each such failure.
REV 9/1/26
INDEX OF SPECIAL PROVISIONS
PROJECT NUMBER(S): P 014A(38)20 PCN: 0AD2
TYPE OF WORK: ROCKFALL MITIGATION
COUNTY: LAWRENCE
The following clauses have been prepared subsequent to the Standard Specifications for Roads
and Bridges and refer only to the above described improvement, for which the following
Proposal is made.
The Contractor’s attention is directed to the need for securing from the Department of
Environment & Natural Resources, Foss Building, Pierre, South Dakota, permission to remove
water from public sources (lakes, rivers, streams, etc.). The Contractor should make his request
as early as possible after receiving his contract, and insofar as possible at least 30 days prior to
the date that the water is to be used.
Jonathan England is the official in charge of the Spearfish Career Center for Lawrence County.
THE FOLLOWING ITEMS ARE INCLUDED IN THIS PROPOSAL FORM:
Special Provision for Contract Time, dated 10/16/26.
Special Provision for Fire Plan, dated 3/11/25.
Special Provision for Acknowledgment and Certification Regarding Article 3, Section 12 of the
South Dakota Constitution, dated 8/24/23.
Fuel Adjustment Affidavit, DOT form 208 dated 11/25.
Standard Title VI Assurance, dated 3/1/16
Special Provision for Equal Employment Opportunity Requirements for Highway Construction
Contracts, dated 10/7/26.
Special Provision for Contract Provisions for Federal-Aid Construction Contracts, Form
FHWA 1273 (Rev. June 25, 2026), dated 10/7/26.
Contract Provisions for Federal-Aid Construction Contracts, Form FHWA 1273 (Rev. 6/25/26).
Special Provision Regarding Minimum Wage on Federal-Aid Projects, dated 10/24/19.
Wage and Hour Division US Department of Labor Washington DC. - US Dept. of Labor Decision
Number SD20260001, dated 1/30/26.
.
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
CONTRACT TIME
PROJECT P 014A(38)20, PCN 0AD2
LAWRENCE COUNTY
OCTOBER 16, 2026
Sturgis Motorcycle Rally Restrictions
The Contractor will open all lanes to through traffic on the project and no work will be
allowed from July 31, 2027 to August 15, 2027 (inclusive) due to the Sturgis Motorcycle
Rally, unless written permission is granted by the Area Engineer.
The Department will make a disincentive assessment in the amount of $1,000 per
calendar day for the Contractor’s failure to comply with the Sturgis Motorcycle Rally
restrictions. A contract item for incentive/disincentive pay is included in the bid schedule
for the Department’s use in assessing disincentive. The Department will use a negative
quantity of days for assessing disincentives. The Department will not grant time
extensions for the Sturgis Motorcycle Rally restrictions for any reason.
Field Work Completion
The Contractor will complete the project by the May 28, 2027 field work completion
date.
The Contractor will complete all work on the project prior to the field work completion
requirement or the field work completion requirement as amended by formally approved
time extension. If the Contractor does not complete all work by the field work completion
requirement or the field work completion requirement as amended by formally approved
time extension, the Department will assess liquidated damages in accordance with
Section 8.9. The Department will assess liquidated damages for each working day the
work (project) is late until the Contractor completes all field work. In the event the
Contractor does not complete all field work on time, the Department will count working
days in accordance with Section 8.7 C.
* * * * *
Revised March 11, 2025 2
TABLE OF CONTENTS
I. Responsibilities....................................................................................................................... 3
A. Contractor ........................................................................................................................ 3
B. Forest Service District Ranger or Delegated Fire Staff ..................................................... 3
II. Tools and Equipment ............................................................................................................. 4
A. Required Tools.................................................................................................................. 4
B. Available Equipment ........................................................................................................ 4
III. Personnel ............................................................................................................................. 4
IV. General Provisions .............................................................................................................. 4
A. Fire Prevention ................................................................................................................. 4
B. Fire Suppression ............................................................................................................... 6
C. Payment ........................................................................................................................... 7
D. Black Hills Fire Protection District .................................................................................... 7
1. PROHIBITIONS:.............................................................................................................. 7
2. EXEMPTIONS:................................................................................................................ 8
E. Stage 2 Fire Restrictions ................................................................................................... 8
1. PROHIBITIONS:.............................................................................................................. 8
2. EXEMPTIONS:................................................................................................................ 8
F. Duration of this Plan ............................................................................................................ 9
V. Exhibits
A. Exhibit A……………………………………………………………………………………………………………………….10
B. Exhibit B……………………………………………………………………………………………………………………….11
Revised March 11, 2025 3
BLACK HILLS NATIONAL FOREST
This plan outlines the channels of responsibility for fire prevention and suppression activities
and sets up an attack procedure in the event of a fire within the Project Area. The Project Area
is defined as that area within the National Forest and within ½ mile of the project right-of-way
work areas and all roads used for construction purposes.
I. Responsibilities
1. Contractor
1. Will cooperate with the District Ranger and/or Fire Management Officer in
preparation of a fire plan, by furnishing necessary information on personnel,
equipment and organization.
2. Is responsible for and will direct all fire suppression activities within the project area
until relieved by a Forest Service Representative or a South Dakota Wildland Fire
Division Representative.
3. Will make certain that prevention and suppression actions are in accord with
contract requirements, including the fire plan.
4. Will immediately notify authorities if a fire occurs. The following telephone numbers
will be used.
911
Great Plains Dispatch Center – 605-399-3160
5. Will delegate the second person in authority on the job to be responsible for the
above activities when he or she is not on the project.
2. Forest Service District Ranger or Delegated Fire Staff
1. Is responsible for all fire prevention & suppression activities on the Ranger District in
which the project is located.
2. Will review the standard fire plan for adequacy and after discussing any need for
changes with the Area Engineer, will add any specific provisions needed for the
project.
3. At least once on each project will accompany the Area Engineer on an inspection of
compliance with the project fire requirements. The Area Engineer will notify the
Revised March 11, 2025 4
Contractor of corrective measures which must be taken when fire requirements are
not being observed.
II. Tools and Equipment
1. Required Tools
1. The Contractor will furnish and maintain in a serviceable condition; one shovel,
McLeod, or Pulaski for each of his employees; to be used only for suppressing
wildland fires. These tools will be kept in sealed boxes and available within the
immediate working area.
2. The Contractor will furnish one shovel and one fully charged fire extinguisher UL rate
at 4 B:C or more on each truck, personal vehicle, tractor, grader, or other heavy
equipment. For each welder he/she will furnish one shovel and one backpack five-
gallon water-filled tank with pump; for each gasoline power tool, including but not
limited to chain saws, soil augers, rock drills, etc. one shovel or one chemical
pressurized fire extinguisher, fully charged. The required fire tools shall, at no time,
be farther than 25 feet from the point of operation of the power tool. Contractor
will also furnish any other equipment called for elsewhere in the contract.
a. Shovels will be size “O” or larger and will be not less than 35 inches in length.
All fire tools and equipment required to be furnished by the Contractor will always
be in good working condition.
2. Available Equipment
1. Prior to the beginning of the contract, the Contractor will furnish a list of equipment
used on the project to the District Ranger. The established list will be attached to and
become a part of the fire plan.
III. Personnel
The Contractor will furnish a list of supervisory personnel, and amount of workers available
on the project to the District Ranger or Delegated Fire Staff. Such a list will be attached to
and become a part of the fire plan. Changes in supervisory personnel and amount of
personnel will be reflected in amendment to the list.
IV. General Provisions
1. Fire Prevention
Revised March 11, 2025 5
1. The “Current Fire Danger” links are posted on the Great Plains Interagency
Dispatch Center website:
https://gacc.nifc.gov/rmcc/dispatch_centers/r2gpc/fuels.htm.
The Department of Transportation and/or Contractor will monitor the Fire Danger
as appropriate. When the Fire Danger Rating is “Very High” or “Extreme”, the
following actions will be taken:
If the Fire Danger Rating reaches “Very High,” the following conditions will prevail:
a. Falling of dead trees or snags will be discontinued.
b. No open burning will be permitted; fires will be extinguished.
c. Welding will discontinue except in an enclosed building or within an area
cleared of flammable material for a radius of 15 feet.
d. Blasting will be discontinued.
e. Smoking will be permitted only in automobiles and cabs of trucks equipped
with an ashtray or in cleared areas immediately surrounded by a fire break,
unless prohibited by other authority.
f. Vehicular travel will be restricted to cleared areas except in case of
emergency.
If the Fire Danger Rating reaches “Extreme,” the following precautions will be
taken in addition to the conditions specified above:
a. Work of a nature which could start a fire will require that properly equipped
fire guards be assigned to such an operation for the duration of the work and
patrol the area of construction while work is being done and for at least one-
half hour after shutdown of the work.
b. Smoking will be permitted only in automobiles and truck cabs equipped with
an ashtray, unless prohibited by other authority.
2. Burning, blasting, or welding. Advance approval in writing will be required and will
contain special stipulations pertinent to the particular job. The District Ranger
may give, in writing, seasonal approval with stipulations for blasting and/or
welding. Permission to blast with fuse or caps will require special written
permission. Use of detonating cord will not be allowed in clearing operations.
Explosives will be stored in a locked box marked “EXPLOSIVES” at all times. All
federal, State, and local laws concerning the use and storage of explosives will be
complied with. All flammable material will be cleared for a distance of 15 feet
around any welding operation.
3. Spark arrestors. All gasoline and diesel-powered equipment used in the
performance of the work will be equipped with a spark arrester qualified and rated
under the USDA Forest Service unless it is:
Revised March 11, 2025 6
a. Equipped with a turbine-driven exhaust supercharger, such as the
turbocharger. There will be no exhaust bypass.
b. A passenger carrying vehicle or light truck, or medium truck up to 40,000
GVW, used only on roads and equipped with a factory designed muffler
complete with baffles and an exhaust system in good working condition.
c. A truck or a piece of highway surfacing equipment used only on roads and
equipped with a factory designed muffler having a vertical stack exhaust
system extending above the equipment.
The exhaust equipment described above, including spark arrestors and
mufflers, will be properly installed and constantly maintained in serviceable
condition.
4. Power saws. Each gasoline power saw will be provided with a spark screen and a
muffler in good condition. Spill-proof metal safety cans will be used for refueling.
5. Storage and parking areas. Batch plant areas, equipment service areas, parking
areas, gas and oil drum storage areas, and explosive storage areas will be cleared
of all inflammable material for a distance of 50 feet. Small stationary engine sites
will be cleared of all flammable material for a distance of 15 feet. Flammable and
explosive storage areas will be labeled as such, and “No Smoking” signs erected.
6. Oil filters, cartridges, oil rags. Used and discarded oil filters, cartridges, and oil rags
or waste will be removed from the project and disposed of in accordance will all
applicable Federal, State and Local laws.
2. Fire Suppression
1. Contractor shall, both independently and in cooperation with the Forest Service
and/or the SD Division of Wildland Fire, take all reasonable and practicable action
to prevent and suppress fires resulting from Contractor operations and to suppress
any wildfire in the project area.
2. In line with this agreement personnel will be supplied from project crews to fight
fires on the project area up to the total number of personnel employed by the
Contractor and/or his subcontractors as they are needed by the incident
commander. The Forest Service will make every effort to avoid calling on the
Contractor for action on fires outside the project area except for emergencies.
The Incident Commander may call out all needed available help to control fires on
the project area.
Revised March 11, 2025 7
3. Payment
1. South Dakota Department of Transportation
Will require its contractors to be responsible for suppression costs together with
damages for all fires started as a result of the project operations or contractors on
the project or employees of said contractor.
2. The Forest Service
Will pay Contractor personnel firefighting and equipment as well as equipment
operator’s wages used for fire suppressions work on fires not a result of the
project operation or its personnel at Forest Service Equipment Use Rates as
established annually or other use rates may be negotiated in advance as required.
3. Contractor
Will pay for all costs of fires resulting from the project operations.
4. Black Hills Fire Protection District
The Black Hills National Forest has a very volatile wildfire profile due to the ponderosa pine
fuel type and unique weather phenomena thus fire prevention is of upmost importance.
Illegal fires are often built by individuals and then attended by large groups. Upon finding
illegal fire attended by large groups officers have difficulty finding the person(s) who started
the illegal fire. Having the ability to hold everyone attending the fire accountable allows
officers to effectively deal with the illegal fire. Further, this regulation will also allow Forest
Officers to enforce fire prevention regulations established by the State of South Dakota.
The Forest Order pertaining to the Black Hills Fire Protection District in essence, places
Stage I Fire Restrictions year-round. To ensure the protection of public safety, public and
private property, and the natural resources within the Black Hills National Forest by
regulating the use of fires within the Black Hills Fire Protection District.
PROHIBITIONS
Pursuant to 16 U.S.C. § 551 and 36 C.F.R. § 261.50(a) and (b), the following acts are
prohibited on the National Forest System lands in the Black Hills National Forest,
Black Hills Forest Fire Protection District, as defined by South Dakota Codified Laws
(SDCL) § 34-35-15 shown in Exhibit A.
1. Building, maintaining, attending, or using a fire or campfire unless the fire
is in an established fireplace approved or constructed by a public agency
in a designated recreation area. Stove fires (fire built inside an enclosed
stove or grill, a portable brazier, or a pressurized liquid gas stove, including
a space-heating device) are not prohibited by this Order. 36 C.F.R.§
261.52(a).
Revised March 11, 2025 8
a. Campfire means a fire, not within any building, mobile home or
living accommodation mounted on a motor vehicle, which is used
for cooking, personal warmth, lighting, ceremonial, or aesthetic
purpose.
2. Violating any provision of SDCL §§ 34-35-15,34-35-16, and/or 34-35-
17,which prohibit open fires in the Black Hills Forest Fire Protection
District. 36 C.F.R. § 261.52(k). Copies of the South Dakota statutes are
attached and hereby incorporated into this Order as Exhibits A and B.
Note: South Dakota Statute defines “open fire” as any fire to burn slash,
brush, grass, stubble, debris, rubbish, or other inflammable material not
enclosed in a stove, spark proof incinerator, or an established fireplace
approved or constructed by a public agency in a designated recreation area.
SDCL §§ 34-35-16.
EXEMPTIONS
Pursuant to 36 C.F.R. § 261.50(e), the following persons are exempt from this Order:
Order Number: # BKF-182-2024
1. Any person with a Forest Service or State issued permit specifically
authorizing the otherwise prohibited act or omission as provided in SDCL
§§ 34-35-16 and 34-35-17.
2. Any Federal, State, or Local Officer, or member of an organized rescue or
firefighting force in the performance of an official duty.
5. Stage 2 Fire Restrictions
The purpose of enacting Stage 2 Fire Restrictions on a National Forest is to protect public
health and safety due to the current and anticipated elevated risk of wildfire. Stage 2 Fire
Restrictions could be considered a rare occurrence.
PROHIBITIONS:
Pursuant to 16 U.S.C. § 551 and 36 C.F.R. § 261.50 (a) and (b), the following is prohibited
on all National Forest System (NFS) lands, roads, and trails, in the Bearlodge, Northern
Hills, Mystic, and Hell Canyon Ranger Districts, Black Hills National Forest, described
below and shown on the attached map incorporated into this Order as Exhibit A and B
(the “Described Area/Roads/Trails”):
1. Igniting, building, maintaining, attending, or using a fire, campfire, charcoal
barbecue, or grill, except if using a device solely fueled by liquid or gas that can be
turned on and off in an area barren or cleared of all flammable materials within
three feet of the device. 36 CFR § 261.52(a)
2. Smoking is prohibited, except in an enclosed vehicle or building. 36 CFR § 261.52(d)
3. Operating or using any internal or external combustion engine without a spark
arresting device properly installed, maintained and in effective working order
meeting either U.S. Department of Agriculture, Forest Service Standard 5100-1a; or
appropriate Society of Automotive Engineers (SAE) recommended practice J335(b)
and J350(a). For chainsaw use a chemical pressurized fire extinguisher (with a
Revised March 11, 2025 9
minimum 8 oz. capacity and rating of 2A) must be kept with the operator, and a
round point shovel with an overall length of at least 35 inches readily available for
use. 36 CFR § 261.52(h), (j)
4. Welding or operating an acetylene or other torch with open flame. 36 CFR §
261.52(i)
5. Using an explosive. This includes but is not limited to fuses, blasting caps, fireworks,
rockets, exploding targets, tracers, and incendiary ammunition. 36 CFR § 261.52(b)
6. Possessing or using a motor vehicle off NFS roads, except when parking in an area
devoid of vegetation within 10 feet of the motor vehicle. 36 CFR § 261.56.
7. Violating South Dakota Codified Laws (SDCL) § 34-35-15 and/or Wyoming Statute 35-
9-301 concerning burning, fires or which is for the purpose of preventing, or
restricting the spread of fires. 36 CFR § 261.52(k).
EXEMPTIONS
Pursuant to 36 C.F.R. § 261.50(e), the following persons are exempt from this Order:
1. Persons with Forest Service Permit No. FS-7700-48 (Permit for Use of Roads,
Trails, or Areas Restricted by Regulation or Order), specifically exempting them
from this Order or a written determination by a Forest Service authorized officer
that a permit is not required under 36 C.F.R. § 251.50(e)(1) or (2).
2. Any Federal, State, or Local Officer, or member of an organized rescue or
firefighting resource in the performance of an official duty.
Notice regarding Exemptions: Holders of valid Forest Service permits, leases and
authorizations and all other persons are on notice that when proceeding with activities
that are authorized pursuant to these Exemptions, such persons are responsible for
conducting authorized activities in a safe and prudent manner using extra precautions
and are electing to proceed at their own risk. An exemption does not absolve an
individual or organization from liability or responsibility for damage, injury or loss to the
United States for any fire started while undertaking the exempted activity.
6. Duration of this Plan
This plan will be in force from the duration of the contract. This fire plan will apply to
any and all subcontractors and their employees. The Contractor will be responsible to
see that all subcontractors and their employees are made aware of the contents of this
fire plan.
Revised March 11, 2025 10
34-35-15. Black Hills Forest Fire Protection District--Area included.
To protect the timber on areas subject to unusual fire dangers, there is hereby
created the Black Hills Forest Fire Protection District, consisting of all that part of the state
described by metes and bounds as follows: Commencing at a point on the Wyoming-
South Dakota state line at the junction of Interstate Highway 90 at the state line; thence
east and southeast along Interstate Highway 90 via Rapid City to the intersection of U.S.
Highway 16B; thence south and southwest along U.S. Highway 16B to the intersection of
State Highway 79; thence south along State Highway 79 to the intersection of U.S.
Highway 18; thence south along U.S. Highway 18 to the Cheyenne River; thence west and
northwest along the Cheyenne River to the Wyoming-South Dakota state line; thence
north along said state line to the place of beginning. The Black Hills Forest Fire Protection
District does not include any area within the limits of any municipality.
Source: SDC Supp 1960, § 25.1304 as enacted by SL 1966, ch 73, § 2; SL 1992, ch 60, § 2;
SL 1995, ch 199; SL 2007, ch 198, § 1.
Exhibit A
Exhibit B
1
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
ACKNOWLEDGEMENT AND CERTIFICATION REGARDING
ARTICLE 3, SECTION 12
OF THE SOUTH DAKOTA CONSTITUTION
AUGUST 24, 2023
In accordance with the State of South Dakota Office of the Governor Executive Order
2023-13, the following will apply to all contracts:
The Contractor acknowledges and certifies that the following information is correct:
CERTIFICATION OF NO STATE LEGISLATOR INTEREST:
Contractor (i) understands neither a state legislator nor a business in
which a state legislator has an ownership interest may be directly or
indirectly interested in any contract with the State that was authorized
by any law passed during the term for which that legislator was
elected, or within one year thereafter, and (ii) has read South Dakota
Constitution Article 3, Section 12 and has had the opportunity to seek
independent legal advice on the applicability of that provision to this
contract. By signing this contract, Contractor hereby certifies that this
contract is not made in violation of the South Dakota Constitution
Article 3, Section 12.
It is understood and agreed that, if this certification is false, such false certification
will constitute grounds for the Department to terminate the contract.
The Contractor further agrees to provide immediate written notice to the
Department if during the term of the contract it no longer complies with this
certification and agrees such noncompliance may be grounds for contract
termination.
* * * * *
DOT-208
(11/25)
FUEL ADJUSTMENT AFFIDAVIT
Project Number
PCN
County
For projects let using the SDEBS) and in accordance with Section 9.10, the bidder is not required to notify
the Department at the time of submitting bids whether the Contractor will or will not participate in the fuel
cost adjustment program. Prior to execution of the contract, the successful bidder must submit this completed
form to the Department for approval. The Fuel Adjustment Affidavit will include the anticipated fuel cost of
subcontractors.
Does your company elect to participate in a fuel adjustment for this contract for the fuels that do not have a
fixed price? No adjustments in fuel prices will be made if “No” is checked.
Yes No
If yes, provide the total dollars for each of the applicable fuels. No adjustments in fuel price will be made for
the fuel types that are left blank or completed with a $0.00 value.
Diesel (x) $
Unleaded (y) $
Burner Fuel (z) $ Type of Burner Fuel Used:
Sum (x + y + z) = $
Note: The sum of the x, y, and z must not exceed 15% of the original contract amount.
The following must be completed regardless of whether the Contractor elects to participate in the fuel
adjustment affidavit
Under the penalty of law for perjury or falsification, the undersigned, ,
(Printed Name)
of ,
(Title) (Contractor)
hereby certifies that the documentation is submitted in good faith, that the information provided is accurate
and complete to the best of their knowledge and belief, and that the monetary amount identified accurately
reflects the cost for fuel, and that they are duly authorized to certify the above documentation on behalf of
the company.
I hereby agree that the Department or its authorized representative will have the right to examine and copy
all Contractor records, documents, work sheets, bid sheets, and other data pertinent to the justification of the
fuel costs shown above.
Dated Signature
Notarization is required only when the Contractor elects to participate in the fuel adjustment affidavit
Subscribed and sworn before me this day of , 20 .
Notary Public My Commission Expires
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
STANDARD TITLE VI / NONDISCRIMINATION ASSURANCES
APPENDIX A & E
MARCH 1, 2016
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees as follows:
1. Compliance with Regulations: The contractor (hereinafter includes consultants) will comply
with the Acts and the Regulations relative to Non-discrimination in Federally-assisted
programs of the U.S. Department of Transportation, Federal Highway Administration, as they
may be amended from time to time, which are herein incorporated by reference and made a
part of this contract.
2. Non-discrimination: The contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurements of materials and leases of equipment.
The contractor will not participate directly or indirectly in the discrimination prohibited by the
Acts and the Regulations, including employment practices when the contract covers any
activity, project, or program set forth in Appendix B of 49 CFR Part 21.
3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding, or negotiation made by the contractor for work to
be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the contractor of the
contractor's obligations under this contract and the Acts and the Regulations relative to Non-
discrimination on the grounds of race, color, or national origin.
4. Information and Reports: The contractor will provide all information and reports required by
the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined
by the Recipient or the Federal Highway Administration to be pertinent to ascertain compliance
with such Acts, Regulations, and instructions. Where any information required of a contractor
is in the exclusive possession of another who fails or refuses to furnish the information, the
contractor will so certify to the Recipient or the Federal Highway Administration, as
appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Non-
discrimination provisions of this contract, the Recipient will impose such contract sanctions as
it or the Federal Highway Administration may determine to be appropriate, including, but not
limited to:
a. withholding payments to the contractor under the contract until the contractor complies;
and/or
b. cancelling, terminating, or suspending a contract, in whole or in part.
6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto.
The contractor will take action with respect to any subcontract or procurement as the Recipient
or the Federal Highway Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the contractor becomes involved in, or
is threatened with litigation by a subcontractor, or supplier because of such direction, the
contractor may request the Recipient to enter into any litigation to protect the interests of the
Recipient. In addition, the contractor may request the United States to enter into the litigation
to protect the interests of the United States.
During the performance of this contract, the contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the "contractor") agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Pertinent Non-Discrimination Authorities:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 CFR Part 21.
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended,
(prohibits discrimination on the basis of disability); and 49 CFR Part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope
- Enriched
- Yes
- Pdf Pages
- 58
- Work Desc
- Rockfall Mitigation
- Work Type
- Work Type 2
- Addendums
- 0
- Project No
- P 014A(38)20
- Questions
- 0
- List Url Hint
- hc65bidletting/ebslettings1.aspx
- Letting Label
- November 18, 2026
- Categorized By
- llm
South Dakota Department of TransportationIssuing agency·South Dakota·via a public procurement portal