- Pcn
- 0AF8
- Area
- Sioux Falls
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- 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
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- 7
DEPARTMENT OF TRANSPORTATION
NOTICE TO CONTRACTORS,
PROPOSAL, SPECIAL PROVISIONS,
CONTRACT AND CONTRACT BOND
FOR
MEDIAN CROSSOVERS
FEDERAL PROJECT NO. IM 0293(122)82
(PCN 0AF8)
INTERSTATE HIGHWAY 29
IN MINNEHAHA COUNTYDecember 2, 2026
DEPARTMENT OF
TRANSPORTATION
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: IM 0293(122)82 Revised 10/8/25
PCN 0AF8
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 December 2, 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: OCTOBER 22, 2027
The project category is Category II
The project type is Grading
The geographic zone is Zone 6
THE DBE GOAL FOR THIS PROJECT IS: N/A
WORK TYPE FOR THIS PROJECT IS: WORK TYPE 2 OR WORK TYPE 5
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.
Harry Johnston
5316 W 60th St N
Sioux Falls, SD 57107
Phone: 605/367-5680
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 11/2/26
INDEX OF SPECIAL PROVISIONS
PROJECT NUMBER(S): IM 0293(122)82 PCN: 0AF8
TYPE OF WORK: MEDIAN CROSSOVERS
COUNTY: MINNEHAHA
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.
Sara Garbe is the official in charge of the Sioux Falls Career Center for Minnehaha County.
THE FOLLOWING ITEMS ARE INCLUDED IN THIS PROPOSAL FORM:
Special Provision for Contractor Staking, dated 10/26/26.
Special Provision for Submission of Bid Proposals (SDEBS Lettings), dated 10/29/26.
Special Provision for Aggregates for Granular Bases and Surfacing, dated 10/26/26.
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.
47811546.docx 1
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
CONTRACTOR STAKING
PROJECT IM 0293(122)82, PCN 0AF8
MINNEHAHA COUNTY
OCTOBER 26, 2026
Delete Section 5.8 of the specifications and insert the following:
SECTION 5.8
CONSTRUCTION STAKES, LINES AND GRADES
CONTRACTOR GRADE STAKING
A. DESCRIPTION
The Contractor will perform all construction staking. The staking work includes, but
is not limited to, establishing or re-establishing the project centerline; establishing
control points and benchmarks as needed; setting additional benchmarks as
needed; taking original and final cross sections of all Contractor secured borrow
sources and State designated borrow sources; taking cross sections of all topsoil
stockpiles; and staking right-of-way, easements, and fence.
The Contractor will perform all construction layout and reference staking necessary
for the accurate control and completion of all grading, paving, drainage, median
crossovers, signing, pavement marking, permanent benchmarks, detours, fence,
and all other appurtenances required for the complete construction and
acceptance of the work. The layout will include, but is not limited to, staking
easement line, staking clearing line, grade staking (blue tops), paving hub staking,
and performing the miscellaneous staking as described in the plans and in this
specification.
Horizontal and vertical control has been established as shown on the plans. Each
horizontal and vertical control point will be preserved or reset out of the work limits
and available during and after construction is complete. Prior to the Department’s
final acceptance of the project, the Contractor will replace or reset any control that
is disturbed during the construction of the project. The Contractor will provide the
Department a list of the in-place control points, including coordinates and
elevations relevant to the project control, at the end of the project.
47811546.docx 2
The Contractor will perform the staking work in accordance with the Department’s
Survey Manual, except as modified by this specification.
B. MATERIALS
The Contractor will furnish all staking materials of adequate quality for the purpose
intended including all stakes, stake chasers, paint, field note books, and all other
materials and equipment necessary to perform the required work.
C. CONSTRUCTION REQUIREMENTS
1. General: The Contractor will perform all staking work under the supervision of
a qualified surveyor or engineer who is experienced and competent in road and
bridge construction surveying and staking. The surveyor or engineer will be
available to review work, resolve problems, and make decisions in a timely
manner. A crew chief, competent to perform all required surveying duties, will
supervise the staking in the absence of the surveyor or engineer from the
project. The Contractor will submit the qualifications and work experience
history of the surveyor or engineer who will supervise the construction survey
work to the Engineer for review at least 14 calendar days prior to beginning the
staking work.
The Contractor will also submit the proposed starting date of the staking and
the anticipated surveying work schedule.
The Contractor will furnish, set, and properly reference all stakes, references,
lines, grades, and batter boards required. Minimum reference notations will be
for type, location, and alignment (when there are multiple alignments in the
same area). The Contractor will perform the survey and staking work in a
manner consistent with standard engineering practices and approved by the
Engineer.
The Contractor is solely responsible for the accuracy of the survey and staking
work. The Contractor will notify the Engineer of any errors and discrepancies
found in previous surveys, plans, specifications, or special provisions prior to
proceeding with the survey work.
The Contractor will be responsible for the supervision of the construction
staking personnel. The Contractor will correct any deficient survey or staking
work that results in construction errors at no additional cost to the Department.
The Contractor will keep field notes in conventional handwritten notebooks or
in a computerized form acceptable to the Engineer in a clear, orderly, and neat
manner. The notebooks will become the property of the Department upon
completion of the project. The notebooks will provide enough information such
47811546.docx 3
that quantity measurements are verifiable by the Department. Field notes are
subject to inspection by the Engineer at any time.
The Contractor is required to submit any remaining required quantity
calculations and notes to the Engineer no later than 60 calendar days after
completion of the survey and staking work.
The Department will set reference control points. The Contractor is responsible
for the preservation of ties and references to all control points necessary for the
accurate re-establishment of all base lines and centerlines shown in the plans,
whether established by the Contractor or found on or adjacent to the project.
The Department will also establish benchmark elevations. It is the responsibility
of the Contractor to verify the accuracy of the benchmark elevations prior to
use on the project.
The Contractor will furnish stakes and wooden hubs or steel pins of sufficient
length to provide a solid set in the ground. The Contractor will place half-length
lath stakes or stake chasers or an alternate, acceptable to the Engineer,
adjacent to or on the blue top hubs for guards. The Contractor will place guard
stakes or an alternate, acceptable to the Engineer, adjacent to the paving hub
with stationing and a grade to the top of slab written on the stake. Stakes set
not meeting these requirements will be reset at the Contractors expense. The
Contractor will replace stakes and paving hubs damaged, destroyed, illegible,
or made unusable at no additional expense to the Department.
The Engineer may check the accuracy and control of the Contractor's survey
and staking work at any time. The checks performed by the Engineer will not
relieve the Contractor of the responsibility for the accuracy of the survey layout
or the construction work. If the random checks show the grade is out of
tolerance, the Engineer may require the Contractor to set additional stakes at
the discretion of the Engineer, at no additional cost to the Department. If the
Engineer orders additional stakes, the Contractor will perform the additional
staking until the Contractor can show the staking operations achieve the
specified grade tolerances.
Prior to any project staking, the Contractor will run a level circuit to check the
plan benchmarks the full length of the project.
2. Grade Staking: The Contractor will set grade finishing stakes (blue tops) for
grade elevations and horizontal alignment on the roadway centerline and at
each shoulder at the top of the subgrade. Where additional lanes or turnouts
are to be constructed, the Contractor will set blue tops at centerline, the normal
shoulder distance, and the extended shoulder distance or outside the additional
lane edge.
47811546.docx 4
The transverse distance between blue tops will not exceed 20 feet. The
Contractor will be required to set intermediate blue tops when the transverse
distance is greater than 20 feet. When intermediate blue tops are required, the
Contractor will set the intermediate blue tops at locations approved by the
Engineer.
The blue top grade stakes will be set at 100-foot intervals on tangents and 50-
foot intervals on horizontal curves. The horizontal tolerance for blue tops is ±0.2
foot and the vertical tolerance is ±0.02 foot.
The Contractor will retain the shoulder blue tops and guards through placement
of the granular material.
The Contractor will not be required to set grade stakes at the top of the base
course. If the Contractor deems it necessary to place grade stakes to achieve
typical section as per section 260.3 A of the specifications, the staking will be
incidental to the contract unit price for base course.
When paving hub staking is required, the Contractor will set paving hubs at a
maximum longitudinal distance of double the transverse joint spacing. The
paving contractor may require a closer spacing. The horizontal and vertical
tolerance for the paving hubs or grade nails is ± 0.02’.
The Department will not provide paving hub notes. The Contractor is
responsible for generating the paving hub grades from the blue top notes.
The Department will not provide grade stake notes. The Contractor is
responsible to generate the grade staking notes using the typical sections and
the existing field conditions.
3. Miscellaneous Staking: Miscellaneous staking includes the following work:
a. Easement line for items including, but not limited to, setting temporary
fence, utility relocation, and landowner reference and property use;
b. Clearing line for items identified by the clearing contract unit item when
provided in the plans;
c. Approach road staking and all tie-in checks. The Contractor will submit
profiles and elevations of all approach roads and other tie-ins throughout
the project to the Engineer at least 3 business days prior to staking;
d. Topsoil measurement and computation of quantities;
e. Special ditch staking;
f. Staking of signs, delineators, pavement markings, rumble strips/stripes,
guardrail, curb & gutter, light poles, conduit, mailboxes, junction boxes, and
related items (Staking is for all aspects, i.e. detours, temporary and
permanent);
g. Right-of-way staking including fence post panels;
47811546.docx 5
h. Pipe and storm sewer staking including drop inlets, manholes, cattle
passes, and related items. If additional pipe, storm sewer, drop inlets,
manholes, or cattle passes are required which are not shown on the plans,
the staking will be paid for at the contract unit price per hour for Engineer
Directed Surveying/Staking;
i. Mark limits of removal items (trees, foundations, curb & gutter, sidewalk,
etc.);
j. Detours, roadway diversions, and crossovers. (This work includes all design
and staking notes required to design and stake the detour, roadway
diversion, or crossover in accordance with the plan requirements. The
Contractor will submit the completed design including profile and alignment
and staking notes to the Engineer at least 3 business days prior to staking.);
k. Final and original cross sections of Contractor and State furnished borrow
pits and computations. The Contractor will perform earthwork computations
by the average end area method, surface-to-surface method, or alternate
computation method approved by the Engineer;
l. Resetting horizontal and vertical control, if disturbed;
m. Approach slab and sleeper slab staking;
n. Staking of sidewalks and curb ramps; and,
o. Staking of steps and wheel chair ramps.
The Contractor will perform the pipe staking so the pipe will fit the field
conditions. The plans show only approximate pipe locations and grades. The
Contractor will not install pipe prior to gaining the Engineer’s approval of minor
location and grade adjustments necessary for proper staking of the pipe.
The Contractor will stake the slope catch points to determine the inlet and outlet
locations, set reference stakes for the inlet and outlet locations, and stake
ditches and special inlet and outlet grades to ensure proper drainage. The
staking of manholes and drop inlets will be included in pipe and storm sewer
staking. The Contractor will stake precast cattle passes similar to drainage
pipes.
The horizontal tolerance for the pipe and storm sewer staking is 0.05 foot and
the vertical tolerance is 0.03 foot.
The Contractor will keep pipe staking notes on a DOT Form 214.
4. Engineer Directed Surveying/Staking: The use of the engineer directed
surveying/staking contract item is intended for surveying/staking not included
in the plan notes and this special provision. The Contractor may use a survey
crew to perform additional survey/staking work caused or required by the
Department. The Engineer will use a written order to authorize the hourly
engineer directed surveying/staking item and describe the surveying/staking
work required of the Contractor.
47811546.docx 6
D. METHOD OF MEASUREMENT
Refer to the Table of Contractor Staking in the plans for more detail on how
quantities were calculated.
1. Grade Staking: The Department will not measure grade staking. The
Department will pay the plan quantity as the final quantity unless the Engineer
orders additional grade staking in writing.
The Department will consider a two-lane roadway as one set of grade stakes.
The Department will proportionately increase the plan quantity for multi-lane
roadways in excess to two-lanes as shown in the table of construction staking
(lane factor). For example, a three-lane roadway is equivalent to 1.5 times the
quantity for a two-lane roadway. On projects requiring grade staking on ramps,
the Department will consider ramps as a two-lane roadway for measurement
as shown in the table of construction staking. The Department will not consider
Acceleration/deceleration lanes and turning lanes for intersecting roads, and
median crossovers as an additional roadway.
When both blue top and paving hub stakes are required, the Department will
base and calculate the plan quantity to include each type of grade staking as a
separate set of stakes.
2. Miscellaneous Staking: The Department will not measure miscellaneous
staking. The Department will pay the plan quantity as the final quantity.
3. Engineer Directed Surveying/Staking: The Department will measure
engineer directed surveying/staking to the nearest 0.1 hour with the following
restrictions:
The use of engineer directed surveying/staking will be for the work ordered by
the Engineer. The measured quantity will be the actual time the survey crew is
working on the project, physically performing the field survey/staking work and
office time dedicated to the work specific to engineer directed
surveying/staking. The Department will not include travel time for the survey
crew in the measurement.
The Contractor will provide the Engineer documentation, such as an invoice,
showing the actual days/hours worked.
E. BASIS OF PAYMENT
Payment for all of the survey items will be considered full compensation for
furnishing all necessary personnel, vehicles, surveying equipment, supplies,
47811546.docx 7
materials, recording fees, transportation, and incidentals to accurately and
satisfactory complete the work.
The Department reserves the right to omit any of these bid items without providing
compensation to the contractor if the Department deems the bid prices are
unreasonable.
1. Grade Staking: The Department will pay grade staking at the contract unit
price per mile. All cost for additional grade staking for acceleration/deceleration
lanes, turning lanes, intersecting roads, grade adjustments, and median
crossovers will be incidental to the contract unit price for grade staking. All
additional grade staking for intersections and medians will be incidental to the
roadway grade staking. Any additional staking the Contractor feels necessary
to complete the grade staking work is the responsibility of the contractor and
will be incidental to the contract unit price for grade staking.
2. Miscellaneous Staking: The Department will pay miscellaneous staking at the
contract unit price per mile.
The Department will make partial payment as follows:
a. Upon submission of the name, experience, and qualifications of the
surveyor or engineer who will supervise the staking, the proposed starting
date, and the staking schedule, the Department will pay the Contractor 25
percent of the plan quantity for the miscellaneous staking.
b. The Department will make intermediate payments based on the amount of
the staking work completed.
c. The Department will make full payment at the plan quantity for
miscellaneous staking upon completion of all surveying and staking and
when the Contractor has furnished all field notebooks and records to the
Engineer.
The Department will not adjust the contract unit price or plan quantity for
miscellaneous staking due to overruns or under runs in the other contract items.
3. Engineer Directed Surveying/Staking: The Department will pay engineer
directed surveying/staking on an hourly basis as per the Price Schedule for
Miscellaneous Items. The value listed in the Price Schedule for Miscellaneous
Items includes salaries, travel time, equipment, staking supplies, payroll
additive, and all incidental expenses related to providing the survey crew.
* * * * *
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
SUBMISSION OF BID PROPOSALS
(SDEBS Lettings)
OCTOBER 29, 2026
Add the following to the end of Section 2.10 B:
Bidders are strongly encouraged to complete and submit the bid proposal well in
advance of the deadline. Bidders assume full responsibility for the timely and successful
submission of their bid proposals. The Department is not responsible for a bidder’s
inability to submit a bid proposal using SDEBS. The Department reserves the right to
cancel the opening of bid proposals if in the judgment of the Department canceling the
opening of bid proposals promotes the best interest of the Department.
* * * * *
1
STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
AGGREGATES FOR GRANULAR BASES AND SURFACING
OCTOBER 26, 2026
Section 882 – Delete Table 2 and replace it with the following:
Table 2 – Other Properties
Property Subbase
Gravel
Cushion
Base
Course
Limestone
Ledge Rock
Base Course
Limestone
Ledge Rock
Gravel Cushion
Gravel
Surfacing
Pit
Run
Granular
Bridge End
Backfill
Liquid Limit (max) 25 25 25 25 25
Plasticity Index (max) *1 0-6 0-6 0-6 0-3 0-3 4-12 0-6
LA Abrasion Loss (max) 50 40 40 40 40 40 40
Crushed Particles (min) +#4
Sieve
30% 1-CF 30% 1-CF 30% 1-CF 30% 1-CF 30% 1-CF 30% 1-CF 30% 1-CF
Foot Notes *2 *1,*2 *3
*1The fraction passing the #200 sieve will not be greater than 2/3 of the fraction passing the #40 sieve. In no case will the
upper limit specified for the #200 sieve be exceeded.
*2 Requirements apply to ledge rock other than limestone ledge rock.
*3 Acceptance of pit run will be by visual inspection. The Engineer may require a sieve analysis to verify the material meets
the specified gradation. Independent Assurance will not be required.
* * * * *
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, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or
not);
Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;
The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures Non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of Limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to
your programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
********
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STATE OF SOUTH DAKOTA
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION FOR
EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS
FOR HIGHWAY CONSTRUCTION CONTRACTS
OCTOBER 7, 2026
1. General
a. Equal employment opportunity requirements prohibiting discrimination, imposed
pursuant to 23 U.S.C. §140, Section 22 of the Federal-Aid Highway Act of 1968,
and 23 CFR 230, apply to this contract. This Special Provision constitutes the
specific equal employment opportunity requirements for all project activities and
supplements those found in the Standard Title VI / Nondiscrimination Assurances
Appendix A & E and the FHWA 1273 Contract Provisions for Federal-aid
Construction Contracts.
b. The Contractor will work with the Department and the Federal Government in
meeting equal employment opportunity obligations and participating in reviews of
Contractor activities under the contract.
c. The Contractor and all subcontractors (e
- Enriched
- Yes
- Pdf Pages
- 56
- Work Desc
- Median Crossovers
- Work Type
- Work Type 2 or Work Type 5
- Addendums
- 0
- Project No
- IM 0293(122)82
- Questions
- 0
- List Url Hint
- hc65bidletting/ebslettings1.aspx
- Letting Label
- December 2, 2026
- Categorized By
- llm
South Dakota Department of TransportationIssuing agency·South Dakota·via a public procurement portal