RFP Document.pdf

STATE OF SOUTH DAKOTA

Department of Agriculture and Natural Resources Resource, Conservation, and Forestry Division 523 EAST CAPITOL

AVENUE

PIERRE, SOUTH DAKOTA 57501-3182

Galena Fuels Reduction Project PROPOSALS ARE DUE NO LATER THAN February 1st, 2025

RFP #: 25RFP12077 State POC: Patrick Marschie EMAIL:

patrick.marschie@state.sd.us

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PRIMARY CONTACT INFORMATION

Dated 12/04/2024

FIRM NAME: AUTHORIZED SIGNATURE:

ADDRESS: TYPE OR PRINT NAME:

CITY/STATE: TELEPHONE NO:

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CONTACT NAME: TELEPHONE NO:

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mailto:patrick.marschie@state.sd.us

1.0 GENERAL INFORMATION

1.1 PURPOSE OF REQUEST FOR PROPOSAL (RFP)

The Galena Fuels Reduction Project consists of 100 acres owned by the State of South Dakota - Department of School and Public Lands, and about 67 acres of connected private land. There are eight residents and seven primary structures around the Galena Historical Schoolhouse that will be directly affected by this project. There are 19 residents in the nearby community of Galena, SD area that may be indirectly impacted by this project.

Project activities include the reduction of hazardous fuels on about 160 footprint acres within the project area. Primary treatment objectives will be to create a more open understory by reducing understory ladder fuel loads on state and private lands. Treatments will increase the forests' ability to withstand extreme events such as a mountain pine beetle infestation or fire disturbance and protect one of the nation's historical sites (Galena Schoolhouse) and residents’ homes.

Fuel/vegetation within the project area includes a dense, closed canopy ponderosa pine overstory. SD- DANR established 40 plots within the proposed project boundary to determine inventory and volume. SD- DANR determined the average stocking of 3,070 trees/acre and 63.5 basal area/acre, that did not warrant a commercial timber harvest. The understory is primarily ponderosa pine regeneration with white spruce and paper birch, and on the two south-facing slopes some open pockets of grass and litter. The terrain is steep in most areas requiring hand crews to perform removal of the understory. Limited areas have moderate slopes allowing the use of smaller equipment for mastication.

To accomplish this project, SD-DANR is searching for one (1) contractor to complete the following tasks under the guidance of SD-DANR, at no cost associated to landowners or SD-

DANR.

TASK #1 – Thinning

1. The proposed thinning treatment method due to the steep slopes, may be limited to "hand-cut" treatments of understory vegetation and "mastication" where applicable, as noted in Task 3. It is estimated that 100 acres will be hand-cut. To reduce the volume of material burned or masticated, biomass products may be utilized by the contractor, such as post and pole, firewood, or chips.

TASK #2 – Piling

1. The material thinned from Task 1 will be removed and utilized for biomass or will be burned when conditions permit.

TASK #3 – Chipping, Mulching, Mastication

1. About 60 acres will be masticated, of which no acres will have biomass removal/utilization.

1.1.1. See Section 3: Scope of Work for a detailed description of project area and tasks.

1.2 ISSUING OFFICE AND RFP REFERENCE NUMBER

The South Dakota Department of Agriculture and Natural Resources is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota, 1.3

1.4

1.5

Department of Agriculture and Natural Resources. The reference number for the transaction is RFP #25RFP12077. This number must be referred to on all proposals, correspondence, and documentation relating to the RFP.

Any potential contract(s) resulting from this RFP shall be between the respective State Agency or institution and the successful Offeror(s) hereafter referred to as the "Contractor" for the provision of Services according to the terms set forth therein. The State Agency or institution shall serve as the representative responsible for administration of the contract and referred to herein as the "State Contract Administrator" and will be responsible for reviewing contract compliance.

DEFINITIONS IN THIS RFP

The following definitions are used in this RFP:

Offeror – a company who has submitted a proposal in response to this RFP.

Contractor – An Offeror that has been awarded a contract as a result of this RFP.

State - State of South Dakota, Department of Agriculture and Natural Resources.

OFFEROR’S CONTACTS

Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to Patrick Marschie as indicated above. Offerors and their agents may not contact any other state employee regarding any of these matters during the solicitation and evaluation process.

Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements.

Offerors and their agents who have questions regarding this matter should contact Patrick Marschie as indicated above.

SCHEDULE OF ACTIVITIES (SUBJECT TO CHANGE)

RFP Publication Site Visit Proposal Submission Anticipated Award Decision/Contract Negotiation

December 06, 2024 January 14, 2025 February 1st, 2025 February 15th, 2025

1.6 PREPARING AND SUBMITTING YOUR PROPOSAL

Elaborate proposals (e.g., expensive artwork) beyond that sufficient to present a complete and effective presentation are not necessary or desired.

Incurring costs- The State is not liable for any cost incurred by Offerors in replying to this RFP.

All proposals must be completed and received in the South Dakota’s Department of Agriculture and Natural Resources by 5:00 PM Central Time on the date indicated in the Schedule of Activities.

Proposals received after the deadline will be late and ineligible for consideration. An original and 2 identical copies of the proposal, along with one electronic copy, including all attachments, in both Microsoft Word and PDF electronic formats shall be submitted.

The cover sheet of the proposal must be signed, in ink, by an officer of the responder, legally authorized to bind the responder to the proposal, and sealed in the form intended by the respondent. Proposals that are not properly signed may be rejected. The sealed envelope should be marked with the appropriate RFP Number and Title. Proposals should be addressed and labeled as follows:

REQUEST FOR PROPOSAL #25RFP12077

PROPOSAL DUE: February 01, 2025

STATE POC: PATRICK MARSCHIE

3305 WEST SOUTH STREET

RAPID CITY, SD 57702

All capital letters and no punctuation are used in the address. The address as displayed should be the only information in the address field.

No proposal shall be accepted from, or no contract or purchase order shall be awarded to any person, firm or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.7 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY

AND VOLUNTARY EXCLUSION – LOWER TIER COVERED TRANSACTIONS

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the bidder shall attach an explanation to their offer.

1.8 NON-DISCRIMINATION STATEMENT

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin or disability.

1.9 CERTIFICATION RELATING TO PROHIBITED ENTITY

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not an entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by SDCL 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.10 RESTRICTION OF BOYCOTT OF ISRAEL

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.11 CERTIFICATION OF NO STATE LEGISLATOR INTEREST

Offeror (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 any Agreement entered into as a result of this RFP. By signing an Agreement pursuant to this RFP, Offeror hereby certifies that the Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

1.12 MODIFICATION OR WITHDRAWAL OF PROPOSALS

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.13 OFFEROR INQUIRIES

Offerors may email inquiries concerning this RFP to obtain clarification of requirements. No inquiries will be accepted after the date and time indicated in the Schedule of Activities.

Inquiries must be emailed to Patrick Marschie at patrick.marschie@state.sd.us with the subject line “RFP #25RFP12077”.

The State will respond to offeror’s inquiries (if required) via e-mail. In addition, all inquiries and the State’s response will be posted on the state’s e-procurement system. Offerors may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP.

1.14 PROPRIETARY INFORMATION

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.15 LENGTH OF CONTRACT

The anticipated length of this contract will be approximately 18 months from the date of signing, with an option of signing an extension for an additional 1-2 years upon the mutual agreement with South Dakota’s Department of Agriculture and Natural Resources. No extensions will be granted with a completion date past June 30, 2028.

1.16 GOVERNING LAW

This RFP shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit regarding or arising out of the transaction covered herein shall be in the Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

1.17 DISCUSSIONS WITH OFFERORS (ORAL PRESENTATION/NEGOTIATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the State. However, the State may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offeror’s expense.

mailto:patrick.marschie@state.sd.us

This process is a Request for Proposal/Competitive Negotiation process. Each Proposal shall be evaluated, and each respondent shall be available for negotiation meetings at the State’s request.

The State reserves the right to negotiate on any and/or all components of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2.0 STANDARD CONTRACT TERMS AND CONDITIONS

Any contract or agreement resulting from this RFP will include, at a minimum, the substance of the contract terms and conditions as set forth in Appendix A. However, as part of the negotiation process, the language of a specific term or condition listed in Appendix A could be modified upon agreement between the State and the vendor. Additional terms and conditions may be required. The Offeror should indicate in their response any issues they have with specific contract terms. If the Offeror does not indicate that there are any issues with any contract terms, the State will assume those terms are acceptable to the Offeror

3.0 SCOPE OF WORK

3.1 Project Area: The project area is located South of the town of Galena, with 100 acres on the Gilt Edge Mine owned by South Dakota School and Public Lands. Private lands adjacent to the Gilt Edge Mine total about 60 acres. See attachments for location details. Electronic, georeferenced pdf maps are also available.

Appendix B – Vicinity Map Appendix C – Treatment Area Map Appendix D – Area Access Map Appendix E – Topographic Map of Treatment Area Appendix F – Repository Wells and Monitoring Sites Appendix G – Treatment Area Property Owners

The intent of this solicitation and any resultant Agreement is to obtain a contract to perform understory hazardous fuels reduction work on approximately 160 acres located near the Historic Galena Schoolhouse (See Attachments for locations and boundaries). The goal of the completed project is to mitigate the threat of wildfire in areas of high concern through thinning and understory removal. Salvage rights will be granted to the contractor to offset project costs. All material not removed for biomass utilization, is to be left on site for treatment by burning or mastication at no cost to the landowner or SD-DANR. All material to be left on the project site must be justified in the submitted proposal. All slash not removed from the property will be treated by the contractor according to one of the following methods: piling and burning, chipping, mulching, grinding, or mastication. The bidder must specify the thinning slash disposal method in the submitted proposal.

3.2 At a minimum the Contractor will:

3.2.1 Work with SD-DANR to locate and treat about 160 acres (not to exceed property lines) of public and private land that have been marked by SD-DANR. Treatment of the marked area will be done in the following manner:

3.2.1.1 Task # 1 – Thinning Specifications

• All ponderosa pine up to 9 inches in diameter at breast height (dbh) are considered in the cutting guidelines.

• Dominant and co-dominant ponderosa pine with good form and vigor will be left as leave trees.

• All ponderosa pine under 9 inches dbh with stem canker (western gall rust), that are snow bent, or with deformed or broken tops are considered cut trees.

Ponderosa pine 9 inches dbh and over are not considered cut trees unless they are deformed to the point one ten-foot log cannot be cut from the tree. However, ponderosa pine over 9 inches dbh are considered in the overall spacing.

• The spacing between leave ponderosa pine tree crowns will be 15 to 25 feet

• Stumps will be level cut to within 6 inches of the ground on the uphill side.

• All ponderosa pine 9 inches and under in diameter will be removed from, and within 25 feet, of hardwood trees. Hardwood trees will not be cut unless they are a hazard.

• All dead-standing snags not posing a threat to the contract crews will be left.

• Ponderosa pine will be limbed to a minimum of 8 feet or higher if dictated by slope.

o Not to exceed 1/3 of the tree height

• Equipment use and access to the project site will be at the discretion of the State of South Dakota.

3.2.1.2 Task # 2 – Slash Piling and Burning

Slash piling requires that all thinning slash not utilized for biomass products be piled for burning by the contractor. Slash piles must be a minimum of 4 feet and a maximum of 8 feet in diameter, and between 5 and 7 feet in height. The bole of the tree must be bucked into lengths not to exceed 6 feet. Piles can be dome/cone shaped and must be stable.

• Slash piles cannot be placed under the canopy of existing, overstory trees.

• Slash piles cannot be placed on top of stream channels, wetlands, or marshy areas.

• Slash piles should be placed equal distance from green leave trees.

• Slash piles cannot be placed adjacent to a leave tree.

• Slash piles cannot be placed within 10 feet of a paved/gravel roadway 13.

• Slash piles should not be placed on stumps or downed woody material.

• Burning of piles will be conducted by the contractor as conditions allow:

o minimum of 4 inches of continuous snow cover o all materials shall be pulled into the center for 90% minimum consumption.

o piles will be monitored for a minimum of 3 days after the last smoke is visible.

• The term “slash” means all debris resulting from tree felling. Slash includes damaged trees that are not designated for removal in this project.

• A damaged tree is one that is larger than one-inch dbh and:

o Has the top knocked out, or o Leans more than 10 degrees, or o Has less than one-half of its original limbs, or o One with approximately 50% of the bark removed from the circumference of the bole.

3.2.1.3 Task # 3 – Chipping, Mulching, Mastication

• Chips will be removed from the property or broadcast with a maximum chip depth not to exceed 4 inches.

• Forestry mulcher (Fecon) material size will not exceed 2 inches when possible. The maximum material size allowed is 3 inches in diameter and 2 feet in length.

• Material must be flat to the ground after mulching.

• Piles created for chipping and removal for utilization will be located in areas agreed upon by the landowner, contractor, and state.

• Mastication:

o Avoid mastication and the deposition of mastication by-products (i.e.

chips and chunks) in the following areas:

Perennial streams (i.e. streams that carry water year-around).

Intermittent streams (i.e. streams that carry water during only part of the year).

Road surfaces, drainage ditches, and culvert basins.

On roads and trails, periodically remove mastication byproducts larger than 1 inch in diameter and/or 1 foot in length as appropriate based on the level of road or trail use.

o Mastication treatments will not disturb soils or vegetation that protects the bottom surface of valleys and ephemeral drainages from soil erosion and sediment transfer. Ephemeral drainages (i.e. areas that bear water only during and immediately after rain and/or snowmelt) o Mastication will avoid damaging residual stands of trees during treatments.

3.2.2 Drive to treatment areas using the Contractor’s own equipment. The contractor will be required to follow all travel restrictions within the Gilt Edge Mine boundaries. Contractors can retain a copy of the current travel restrictions from SD-DANR.

3.2.3 Provide all needed supplies, permits/licenses, and equipment needed to treat all the trees within the treatment area as specified in Sections 1.1 and 3.2.1.

3.3 Boundaries: Property boundaries will consist of easily identifiable features (including but not limited to roads, streams, or abrupt changes in forest type). Flagging will be used for areas where identifiable features are absent. The flagging used is pink and tied around the tree at breast height every 50 to 75 feet. Areas with blue flagging (monitored well) and green flagging (forest service land) are to be excluded from the treatment.

3.4 Site Control/Site Access Management: Most paved, gravel, and two-track roads shown on the maps should be passable with a two-wheel drive pick-up during moderately dry or frozen conditions. Four-wheel drive may be needed when rain or snow occurs. Minor improvements to roads or trails may be made at the contractor’s option and with written approval of SD-DANR.

All mapped roads or trails must be kept free of slash and debris at all times. The contractor will be responsible for repairing any damage to used roadways. This may include using a blade to fix ruts and repair water diversion structures. Please note walk-ins and abandoned roads are not identified on maps. Abandoned roads are based on the best available information, but potential contractors should verify access before bidding.

• Access through the Gilt Edge Mine will be coordinated with SDDANR and the Gilt Edge Mine site manager.

• Contractor shall follow established Gilt Edge Mine Site procedures, established by the current OU2 Contractor, to prevent unauthorized access to the Site. Additionally, the Contractor shall be responsible to secure their working area, including equipment laydown area as appropriate, to prevent unauthorized access, during both on- and off-working hours.

• Access from Galena Road will use locks that require a combination code. This is available from the SDDANR office, located at 3305 West South St., Rapid City, SD 57702.

3.5 Operations: Unit Information is found in Table 1.

3.5.1 Cut Trees: Any ponderosa pine greater than 18 inches in height and up to 9-inch dbh. Pine trees bent or broken as a result of snow load shall be cut. Also, trees that are not straight enough to produce at least one 10.5-foot log in the future shall be cut. The contractor will not be liable for understocked areas that occur due to cutting snow-damaged trees.

Clearing around hardwoods is required. Pine trees up to 9-inch dbh will be cut in a 25-foot radius from any aspen, oak, or birch tree 10 feet in height or more.

3.5.2 No Cut Trees: No hardwoods or spruce are to be cut. No pine greater than 9-inch dbh shall be cut.

3.5.3 Spacing: The assigned spacing of 25 feet is to be used as a guideline only. Contractors will be expected to utilize the best trees available, regardless of individual tree spacing.

However, in no case shall any pine tree under the maximum cut dbh be left closer than four (4) feet to any other tree greater than 18 inches in height that has been retained as a leave tree. The effect of this treatment will be that in areas presently overstocked with trees greater than 9-inch dbh, the contractor will have to cut all pine trees less than 9-inch dbh and, in so doing, come as close as possible to the 25-foot tree spacing without cutting any pine trees over 9-inch dbh. Spacing check plots with too many trees will not be considered overstocked if all pine trees less than the maximum cut dbh have been cut.

3.5.4 Cutting: The maximum angle allowed when cutting a tree is not to exceed 30 degrees. The Contractor may cut and yard material if they desire, but it is not required. Pushing trees over with machinery and then cutting them off will not be permitted. Trees may be cut with chainsaws, feller shears or saw heads, brush saws, or other mechanized equipment so long as excessive damage to the residual stand or soils does not result. The use of equipment other than chainsaws or brush saws to fell trees must be approved in writing by SD-DANR. Once a cut has been made the tree must be felled. No trees can be left standing with partial cuts.

3.6 Request for Commencement: A request for commencement must be submitted and approved in writing before operations may begin.

3.7 Operations Plan: An operations plan must be completed and submitted with the proposal. The operations plan should include at least the following items:

• Equipment to be used

• Estimated Production & Start Date

• Estimated time needed to complete the project

• Identify the primary contact for the project

The operations plan should be as thorough as possible. If the offeror is selected to complete the contract, they will be expected to use the equipment and methods described in the operations plan. SD-DANR must approve of the machinery being used and any alterations (i.e. Constructed skid trails) that may be necessary to facilitate removal.

3.8 Inspection and Payment: The SD DANR reserves the right to visit and inspect the Site at any time to inspect, verify and correct work progress. Regular inspections (weekly) may be made and will consider such things as:

• Tree removal

• Slash depth & pile creation

• Clearing around hardwood trees

• Damage to leave trees

• Roads & trails kept free of debris

• Protection of improvements, and so on

Progress or partial payments may be obtained upon the completion of work on 20-acre increments or more. Ten percent of all payments will be held back as security against unsatisfactory completion of the project, until work on the entire unit has been completed and inspections show that the work has been completed satisfactorily.

Payments will not be made for partial completion of work, such as cutting, but not brushing. SD- DANR will make a 1% reduction in contract value for each day by which the contractor exceeds his contract completion date (plus weather extensions), with an automatic termination for breach of contract at 10 days overdue. Before work is completed the average tree spacing and number of acceptable leave trees under 9-inch dbh shall be within ± 10% of the stated desired size and spacing. This will be determined by a series of spacing check plots. No more than 10% of these plots may indicate a number of trees in excess of the 10% variance. Overstocked units will be reworked to bring the tree spacing and trees under 9-inch dbh into the specified range.

Every 1% of machinery-damage trees in excess of 3% of the desired number of leave trees will result in a 1% reduction in the contract price.

3.9 Stream Course Protection: Unless otherwise agreed, the following measures shall be observed to protect stream courses. The contractor’s operations shall be conducted to prevent debris from entering stream courses. In the event the Contractor causes debris to enter a stream course, in an amount which may adversely affect the natural flow of the stream, water quality, or fishery resource, the Contractor shall remove such debris as soon as practical, but not to exceed 48 hours and in an agreed manner that will cause the least disturbance to the stream course. The Contractor is not allowed to cross any stream course with their equipment unless a suitable crossing is agreed upon by the Contractor and SD-DANR.

3.10 Powerline & Hiking Trail Protection: No slash is allowed to be left within the powerline right of way or left under powerlines. Powerlines are denoted on unit maps, to the best of SD- DANR’s knowledge.

3.11 Soil Disturbance: Soil disturbance should be limited as much as possible with the utilization of hand crews. When utilizing equipment for mastication, chipping, staging, and moving material to be utilized, the following guidelines will be observed.

• The use of heavy machinery will be limited if excessive damage to the residual stand or soil results.

• Skid at times when compaction, displacement, and erosion will be minimized.

• Limit tractor or wheeled skidding on unstable, permanently, or seasonally wet, or easily compacted soils, and on slopes that exceed 40 percent unless operations can be conducted without causing excessive erosion.

3.12 Gilt Edge Mine Site Requirements. The Contractor shall coordinate worksite activities with all applicable EPA, SD DANR, and USACE personnel to ensure the protection of human health and the environment; the prevention of damage to property, utilities, materials, supplies, and equipment; and the avoidance of work interruptions. The Contractor shall coordinate with the current Operable Unit 2 - Operation and Maintenance Contractor to ensure work activities do not interfere with ongoing water collection and treatment activities. The Contractor shall provide physical security to work areas by maintaining or furnishing security equipment and personnel, if necessary. The Contractor shall perform emergency response to situations arising from project activities. The Contractor shall perform emergency repairs to facilities, systems, improvements, or utilities damaged while executing Scope of Work requirements. The Contractor shall be liable for the payment of all costs associated with their response to a spill or release of a hazardous substance, including the release of on-site hazardous substances and contaminants, caused by the Contractor actions. Contract modifications will not be issued as a result of their response costs.

The Contractor shall comply with all local, state, and federal law and guidance covering security activities.

The Contractor shall be responsible for any damage caused to property of the United States (Federal property) or State of South Dakota by the activities of the Contractor under this contract and the Contractor shall exercise due diligence in the protection of all property located on the premises against fire or damage from any and all other causes. Any property of the United States or State of South Dakota damaged or destroyed by the Contractor incident to the exercise of the privileges herein granted shall be promptly repaired or replaced by the Contractor to a condition satisfactory to the SD DANR Project Manager as appropriate or reimbursement shall be made by the Contractor sufficient to restore or replace the property to a condition satisfactory to the SD DANR Project Manager.

4.0 PROPOSAL REQUIREMENTS AND COMPANY QUALIFICATIONS

4.1 The offeror is cautioned that it is the offeror's sole responsibility to submit information related to the evaluation categories and that the State of South Dakota is under no obligation to solicit such information if it is not included with the proposal. The offeror's failure to submit such information may cause an adverse impact on the evaluation of the proposal.

4.2 Offeror's Contacts: Offerors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the RFP, the evaluation, etc. to the buyer of record indicated on the first page of this RFP.

Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Offerors and their agents who have questions regarding this matter should contact the buyer of record.

4.3 Provide the following information.

4.3.1 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements.

4.3.2 Resources available to perform the work, including any specialized services, within the specified time limits for the project.

4.3.3 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration.

4.3.4 Ability and proven history in handling special project constraints.

4.3.5 Proposed project management techniques.

4.3.6 Availability to the project locale.

4.3.7 Familiarity with the project locale

5.0 PROPOSAL RESPONSE FORMAT

5.1 An original and 2 copies shall be submitted.

5.1.1 In addition, the offeror should provide one (1) copy of their entire proposal, including all attachments, in Microsoft Word and PDF electronic format (flash drive, USB drive, etc.) Offerors may not send the electronically formatted copy of their proposal via email.

5.1.2 The proposal should be page-numbered and should have an index and/or a table of contents referencing the appropriate page number.

5.2 All proposals must be organized and tabbed with labels for the following headings:

5.2.1 RFP Form. The State’s Request for Proposal form (1st page of RFP) completed and signed.

5.2.2 Executive Summary. The one-to-two-page executive summary is to briefly describe the offeror's proposal. This summary should highlight the major features of the proposal. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary.

Proprietary information requests should be identified in this section.

5.2.3 Detailed Response. This section should constitute the major portion of the proposal and must contain at least the following information:

5.2.3.1 A complete narrative of the offeror's assessment of the work to be performed, the offeror’s ability and approach, and the resources necessary to fulfill the requirements. This should demonstrate the offeror's understanding of the desired overall performance expectations.

5.2.3.2 A specific point-by-point response, in the order listed, to each requirement in the RFP. The response should identify each requirement being addressed as enumerated in the RFP (expressly including the information requested in Section

4.0 of this RFP.)

5.2.3.3 A clear description of any options or alternatives proposed.

5.2.4 Cost Proposal. The cost will be evaluated independently from the technical proposal.

Offerors may submit multiple cost proposals. All costs related to the provision of the required services must be included in each cost proposal offered.

See section 7.0 for more information related to the cost proposal.

5.3 Offerors are cautioned that use of the State Seal in any of their documents is illegal as per South Dakota Codified Law § 1-6-3.1. Use of seal or facsimile without authorization prohibited--Violation as misdemeanor. No person may reproduce, duplicate, or otherwise use the official seal of the State of South Dakota, or its facsimile, adopted and described in §§ 1-6-1 and 1-6-2 for any for-profit, commercial purpose without specific authorization from the secretary of state. A violation of this section is a Class 1 misdemeanor.

5.4 RESPONSE GLOSSARY

Any proposal submitted should provide a glossary of all abbreviations, acronyms and technical terms used to describe the services or products proposed. This glossary should be provided even if these terms are described or defined at their first use in the proposal response.

5.5 MULTIPLE PROPOSALS

Multiple proposals from an Offeror will be permissible. Each proposal submitted must conform fully to the requirements for proposal submission. If multiple proposals are submitted, each such proposal must be separately submitted and labeled as Proposal #1, Proposal #2, etc., on each page included in the response.

6.0 PROPOSAL EVALUATION AND AWARD PROCESS

6.1 After determining that a proposal satisfies the mandatory requirements stated in the Request for Proposal, the evaluator(s) shall use subjective judgment in conducting a comparative assessment of the proposal by considering each of the following criteria:

6.1.1 Cost

6.1.2 Proposed project management techniques

6.1.3 Resources available to perform the work, including any specialized services, within the specified time limits for the project

6.1.4 Specialized expertise, capabilities, and technical competence as demonstrated by the proposed approach and methodology to meet the project requirements;

6.1.5 Record of past performance, including price and cost data from previous projects, quality of work, ability to meet schedules, cost control, and contract administration

6.1.6 Ability and proven history in handling special project constraints.

6.1.7 Availability to the project locale.

6.1.8 Familiarity with the project locale

6.2 Offeror to Submit Complete Information: The evaluation and potential selection of a Contractor will be based on the information submitted in the Offeror's proposal. Each Offeror shall furnish a complete description of capabilities to meet or exceed the Scope of Work as described in Section 3 herein. Failure to respond to each of the requirements in the RFP may be the basis for rejecting a response.

6.3 Information Relating to Past Performance and Success: Experience and reliability of the offeror's organization are considered subjectively in the evaluation process. Therefore, the offeror is advised to submit any information which documents successful and reliable experience in past performances, especially those performances related to the requirements of this RFP.

6.4 Qualifications of Personnel: The qualifications of the personnel proposed by the offeror to perform the requirements of this RFP, whether from the offeror's organization or from a proposed subcontractor, will be subjectively evaluated. Therefore, the offeror should submit detailed information related to the experience and qualifications, including education and training, of proposed personnel.

6.5 Rejection of Proposals: The State reserves the right to reject any or all proposals, waive technicalities, and make award(s) as deemed to be in the best interest of the State of South Dakota.

7.0 COST PROPOSAL

7.1 The proposal from the contractor will include “a not to exceed” total estimated cost for performing those activities outlined in Section 3.1 of this RFP. A cost per treated acre for each task must be included in the offeror’s response.

8.0 AWARD

8.1 The requesting agency and the highest ranked offeror shall mutually discuss and refine the scope of services for the project and shall negotiate terms, including compensation and performance schedule.

8.2 If the agency and the highest ranked offeror are unable for any reason to negotiate a contract at a compensation level that is reasonable and fair to the agency, the agency shall, either orally or in writing, terminate negotiations with the contractor. The agency may then negotiate with the next highest-ranked contractor.

8.3 The negotiation process may continue through successive offerors, according to agency ranking, until an agreement is reached, or the agency terminates the contracting process.

Appendix A:

STATE OF SOUTH DAKOTA CONTRACT FOR SERVICES Between

State of South Dakota

[NAME OF CONTRACTOR] DEPARTMENT OF AGRICULTURE

[ADDRESS] AND NATURAL RESOURCES

523 E. CAPITOL AVENUE

[CITY, STATE, ZIP CODE] PIERRE, SD 57501

[TELEPHONE NUMBER]

Referred to as Contractor Referred to as State

The State hereby enters into this agreement (Agreement) for services with Contractor in consideration of and pursuant to the terms and conditions set forth herein.

1. SCOPE OF SERVICES:

The purpose of this contract is to ___________ Contractor will perform those services described in the Work Plan, attached hereto as Exhibit A and by this reference incorporated herein.

2. PERIOD OF PERFORMANCE: This Agreement shall be effective on ________ and will end on _________, unless sooner terminated pursuant to the terms of this Agreement.

Upon mutual agreement, the contract may be renewed for up to four (4) additional one-year option periods.

3. USE OF EQUIPMENT, SUPPLIES AND FACILITIES:

Contractor will not use State equipment, supplies or facilities.

4. CONTRACTOR IDENTIFICATION:

Upon execution of this Agreement, Contractor will provide the State with Contractor’s Employer Identification Number, Federal Tax Identification Number or Social Security Number.

5. CONTRACT AMOUNT AND PAYMENT:

The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT is an amount not to exceed $ ________________. The State will not pay Contractor's expenses, including but not limited to travel, lodging and meals, as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL Ch. 5-26. Any overpayment of this Agreement shall be returned to the State within thirty (30) days after written notification to Contractor.

6. INDEMNIFICATION:

Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement. Contractor shall defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense. In defending the State of South Dakota, its officers, agents, and employees, Contractor shall engage other professionals, subject to the written approval of the State which shall not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist Contractor in the defense. This section does not require Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses or equitable relief arising solely from errors or omissions of the State, its officers, agents or employees.

7. INSURANCE:

At all times during the term of this Agreement, Contractor shall obtain and maintain in force insurance coverage of the types and with the limits as follows:

A. Commercial General Liability Insurance:

Contractor shall maintain occurrence-based commercial general liability insurance or equivalent form of coverage with a limit of not less than one million dollars ($1,000,000) for each occurrence. If such insurance contains a general aggregate limit it shall apply separately to this Agreement or be no less than two times the occurrence limit. The insurance policy shall name the State of South

Dakota, its officers and employees, as additional insureds, but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

B. Professional Liability Insurance or Miscellaneous Professional Liability

Insurance:

Contractor agrees to procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than one million dollars ($1,000,000).

C. Business Automobile Liability Insurance:

Contractor shall maintain business automobile liability insurance or equivalent form with a limit of not less than one million dollars ($1,000,000) for each accident. This insurance shall include coverage for owned, hired and non-owned vehicles.

D. Worker’s Compensation Insurance:

Contractor shall procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

Before beginning work under this Agreement, Contractor shall furnish the State with properly executed Certificates of Insurance which shall clearly evidence all insurance required in this Agreement including naming the State, its officers and employees, as additional insureds, as set forth above. In the event of a substantial change in insurance, issuance of a new policy, cancellation or nonrenewal of the policy, Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required.

Contractor shall furnish copies of insurance policies if requested by the State.

8. TERMINATION:

This Agreement may be terminated by either party hereto upon thirty (30) days written notice.

In the event Contractor breaches any of the terms or conditions hereof, this Agreement may be terminated by the State at any time with or without notice. If termination for a breach is affected by the State, any payments due to Contractor at the time of termination may be adjusted to cover any additional costs to the State because of Contractor's breach. Upon termination the State may take over the work and may award another party a contract to complete the work contemplated by this Agreement. If after the State terminates for a breach by Contractor it is determined that

Contractor was not at fault, then Contractor shall be paid for eligible services rendered and expenses incurred up to the date of termination.

9. SURVIVAL FOLLOWING TERMINATION:

Any terms of this Agreement that would, by their nature or through the express terms of this

Agreement, survive the expiration or termination of this Agreement shall so survive including but not limited to the indemnification, controlling law and venue, and sovereign immunity provisions.

10. FUNDING:

This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State upon five (5) business days written notice. Contractor agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent or employee of the State, and Contractor waives any claim against the same.

11. CERTIFICATIONS

A. COMPLIANCE WITH EXECUTIVE ORDER 2020-01:

Executive Order 2020-01 provides that for contractors, vendors, suppliers or subcontractors with five (5) or more employees who enter into a contract with the State that involves the expenditure of one hundred thousand dollars ($100,000) or more, by signing this Agreement

Contractor certifies and agrees that it has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement.

Contractor further agrees to provide immediate written notice to the State if during the term of this Agreement it no longer complies with this certification and agrees such noncompliance may be grounds for termination of this Agreement.

B. COMPLIANCE WITH SDCL ch 5-18A:

Contractor certifies and agrees that the following information is correct:

The bidder or offeror is not an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly-owned subsidiaries, majority-owned subsidiaries, parent companies, or…