Project Manual and Drawings.pdf

PROJECT MANUAL

INSTALL SOLAR PV – RANGE ROAD ARMORY

RAPID CITY, SOUTH DAKOTA

CFMO# 466405

Prepared By:

Department of the Military

2823 West Main Street Rapid City, South Dakota 57702

(605) 737-6637

August 2024

OWNER:

State of South Dakota

This Project Manual provides for liquidated delay damages in the amount of $575.00 per calendar day for the Contractor’s delay in completion of the work.

See the Bid Form and Article 10 of the General Conditions for details.

00 00 00 – PROJECT MANUAL COVER 2 June 2024

PAGE INTENTIONALLY LEFT BLANK

00 00 01 – INDEX 1 June 2024

PROJECT MANUAL INDEX

FOR

STATE SPECIFICATION

HEAD SECTIONS, GENERAL CONDITIONS,

SPECIAL CONDITIONS, TECHNICAL SPECIFICATIONS

AND PLANS

00 00 01 INDEX

00 00 02 REQUEST FOR DESIGN-BUILD PROPOSALS

00 00 03 DESIGN-BUILDER’S CHECKLIST

00 00 04 ASBESTOS CONTAINING MATERIALS STATEMENT

00 00 05 INSTRUCTIONS TO DESIGN-BUILDERS

00 00 05-A .............. PRICE PROPOSAL FORM AND EXPLANATION OF ALTERNATES

00 00 05-B .............. ELECTRONIC BIDDING INSTRUCTIONS

00 00 05-C .............. FORMAT FOR SEALED ENVELOPES

00 00 05-D .............. PROPOSAL BOND

00 00 05-E .............. PERFORMANCE & PAYMENT BOND WITH ACKNOWLEDGMENT OF SURETY

00 00 05-F .............. NON-RESIDENT BIDDER AFFIDAVIT

00 00 05-G .............. CONTRACTOR’S STATEMENT OF SKILLS & CAPABILITIES

00 00 05-H .............. RESIDENT SUBCONTRACTOR CERTIFICATION

00 00 05-I .............. CONTRACTOR’S EXCISE TAX LICENSE

00 00 06 .............. STANDARD FORM OF AGREEMENT BETWEEN OWNER AND DESIGN-BUILDER

00 00 07 .............. GENERAL INDEX AND GENERAL CONDITIONS

00 01 10 TECHNICAL SPECIFICATIONS INDEX

00 01 15 LIST OF DRAWING SHEETS

00 00 01 – INDEX 2 June 2024

00 00 02 – REQUEST FOR DESIGN-BUILD PROPOSALS 1 June 2024

REQUEST FOR DESIGN-BUILD PROPOSALS

Design-Build Proposals will be received by the South Dakota Department of the Military, Attn: Engineering Manager, 2823 W. Main Street, Rapid City, South Dakota, 57702 until 4:00 PM MT, Thursday, August 22, 2024, for the Install Solar PV – Range Road Armory (PN466405) project.

The Design-Build Request for Proposals, including the performance criteria for this project, as well as general project info, is available at the South Dakota Department of the Military, 2823 W. Main St., Rapid City, South Dakota 57702. Be aware any public improvement must be designed by a licensed Architect/Engineer, licensed in South Dakota, per SDCL §5-18B-45.

There will be an on-site pre-proposal meeting on August 14, 2024 at 10:00 AM MT. All Design-Builders can meet at the front entrance to the Range Road Armory. This pre-proposal meeting is optional but is the Design-Builders only opportunity to review the site. SD Dept. of the Military contact is Kyle Roe, (605) 737-6605, kyle.roe@state.sd.us.

Qualitative and Management Proposals may be delivered by the closing date and time. Hard copies shall be in sealed separate envelopes containing three (3) hard copies of each proposal. Electronic copies may be emailed to the Engineering Manager, Cullen Jorgensen, at Cullen.Jorgensen@state.sd.us or delivered on USB removable storage media to the South Dakota Department of the Military, Attn: Engineering Manager, 2823 W. Main Street, Rapid City, South Dakota, 57702.

Cost proposals must be submitted on the electronic bidding platform and will be opened publicly on Thursday, August 22, 2024 at 4:00 p.m. MT.

Each Price Proposal more than $100,000.00 must either pre-mail a certified check, cashier's check, or draft in the amount of 5% of the base bid and all add alternates and drawn on a State or National Bank to the SD Dept. of the Military, 2823 W.

Main Street, Rapid City, SD 57702, or upload a copy of their 10% proposal bond to their electronic price proposal issued by a surety authorized to do business in the State of South Dakota and made payable to the South Dakota Department of the Military. The SD Dept. of the Military reserves the right to reject any or all bids and to waive any irregularities therein.

Published twice at the total approximate cost of $101.68.

To Be Advertised In The:

Rapid City Journal on August 13, 2024 and August 20, 2024.

cc: Construction Industry Center, cic@constructionindustrycenter.com mailto:Cullen.Jorgensen@state.sd.us mailto:cic@constructionindustrycenter.com

00 00 02 – REQUEST FOR DESIGN-BUILD PROPOSALS 2 June 2024

00 00 03 – DESIGN-BUILDER’S CHECKLIST 1 June 2024

DESIGN-BUILDER’S CHECKLIST

The following items need to be submitted along with your Proposals. All Proposals and any modifications to Proposals must be in the hands of the State Engineer or the State Engineer's representative on or before the time set in the Request for Design-Build Proposals.

Each Proposal is placed in a separate sealed envelope and identified appropriately on the exterior (Qualitative Proposal or Management Proposal).

All blanks on the electronic Price Proposal Form are filled in.

Receipt of all addenda is noted on the electronic Price Proposal Form.

Price Proposal Form is electronically signed by an officer of the corporation or, if not a corporation, a proprietor or partner.

For Price Proposals of $100,000.00 or higher, a copy of the Proposal bond or security is submitted with the Price Proposal.

If a foreign contractor, a fully executed “Non-Resident Design-Builder Affidavit” is submitted with the

Price Proposal.

00 00 03 – DESIGN-BUILDER’S CHECKLIST 2 June 2024

00 00 04 – ASBESTOS STATEMENT 1 June 2024

ASBESTOS STATEMENT

ASBESTOS CONTAINING MATERIALS CAUTION:

It is brought to the contractor's attention that asbestos containing materials (greater than 1%) may be present outside the project requirements yet within the building or area. The contractor shall take the necessary precautions so as not to disturb this material. If asbestos containing materials are disturbed, the contractor shall follow and comply with the state rules promulgated under SDCL 34-44 pertaining to asbestos, and 29 CFR 1926.58, 40 CFR Part 61, 40 CFR Part 763 as in effect and the United States Environmental Protection Agency publication entitled "Guidance for Controlling Asbestos Containing Materials in Buildings" (EPA 560/5-85-024, June 1985).

ASBESTOS CONTAINING MATERIALS STATEMENT:

In accordance with the provisions of SDCL 34-44-8, all bidders and contractors are hereby notified that to the best knowledge of the owner or those representing him in any capacity, this project does not involve asbestos containing materials (greater than 1%). Bidders are further instructed that no asbestos containing materials are to be installed in this project.

The contractor is cautioned that hidden materials unknown to the owner and inaccessible for testing may be found during the demolition work of this project which may be asbestos containing materials. Proper procedures shall be followed upon discovery of these materials. The owner or those representing the owner in any capacity shall not be held responsible or liable for any injury or cost to any person resulting from handling of or proximity to such materials.

ASBESTOS LIABILITY STATEMENT

In accordance with amended SDCL 34-44, neither the owner, employees, or agents of the owner, nor any other person may have any claim, right or action against the prime contractor for any asbestos related injury or damage arising from the activities of a certified asbestos abatement subcontractor. Unless exempt under applicable state and federal law, no asbestos abatement work may be performed except by a certified asbestos contractor. A certified asbestos abatement subcontractor shall hold the owner and general contractor harmless from any liability arising from such subcontractor's activities on the project. A certified asbestos abatement contractor shall cause the owner and, if acting as a subcontractor, the general contractor to be named as additional insureds and provide sufficient proof of insurance for purposes of this section.

00 00 04 – ASBESTOS STATEMENT 2 August 2023

00 00 05A – DESIGN-BUILD PRICE PROPOSAL FORM 1 June 2024

EXHIBIT “A”

DESIGN-BUILD PRICE PROPOSAL FORM

All price proposals shall be submitted via Electronic Bidding Platform, details below:

Overview

Price Proposal Opening Date: August 22, 2024

Price Proposal Opening Time: 4:00 PM MT

Date of Project Manual: August 2024

Substantial Completion Date: The Contractor will have 196 consecutive calendar days to complete the work from the Notice to Proceed date.

w/ Liquidated Damages: $575 per calendar day

Final Completion Date: The Contractor will have 14 consecutive calendar days to complete the work from the Substantial Completion Date.

w/ Liquidated Damages: $300 per calendar day

Total value of material subject to tax: $0.00

Any material furnished by the State for use in this project is subject to Use Tax and Excise Tax.

Link to Price Proposal Submission: https://www.sd.gov/cs?id=sc_cat_item&sys_id=b9975ff21b7bca506cbca93be54bcb73

Link to Price Proposal Tabulation: https://www.sd.gov/cs?id=ose_projects

Link to Price Proposal Opening: https://state-sd.zoom.us/j/2373768141?omn=98211341286 Meeting ID: 237 376 8141

ATTENTION DESIGN-BUILDERS!

• TECHNICAL DIFFICULTIES: DOM/OSE is not responsible for technical difficulties resulting from the electronic bidding platform.

• MODIFY PRICE PROPOSALS: It is highly recommended that Design-Builders submit their price proposal early and modify as needed prior to the closing. Please note, price proposals may be modified as many times as desired prior to the opening date/time as well as withdrawn at any point prior to the opening.

• SESSION TIMEOUT: The online platform session will timeout if left open for too long, therefore price proposals need to be submitted in a timely manner as to ensure the information is not lost and other errors do not occur.

The undersigned, being familiar with the local conditions affecting the work, and with the Contract Documents, including the Invitation to Bid, Instructions to Design-Builder’s, Bid Form, Explanation of Alternates, Modification to Bid Form, Bid Bond Form, Performance and Payment Bond, Acknowledgment of Surety, Sample Certification of Surety, Non- Resident Design-Builder Affidavit, Form of Agreement for Construction, General Conditions, Special Conditions, Technical Specifications, Plans and Addenda which govern the purchase of material and labor and the awarding of contracts hereby proposes to do all the work and provide all the material and equipment for the project.

https://www.sd.gov/cs?id=sc_cat_item&sys_id=b9975ff21b7bca506cbca93be54bcb73 https://state-sd.zoom.us/j/2373768141?omn=98211341286

00 00 05A – DESIGN-BUILD PRICE PROPOSAL FORM 2 June 2024

Exceed the Standard Adapt to Change Collaborate for Solutions

Office of the State Engineer 523 East Capitol Ave. Pierre, South Dakota 57501

605.773.3466 / http://boa.sd.gov/state-engineer

May 9, 2022

RE: ELECTRONIC BIDDING

The State of South Dakota, Office of the State Engineer (OSE), has switched to an electronic bidding platform! Please find below screen shots and information on submitting an electronic bid.

The State of SD has switched to a “single sign on” platform for all State services. Therefore, the username and password you use for purchasing a SD hunting or fishing license would be the same username and password you would use to submit an electronic bid on an OSE project. We just want you to be cognizant of that as you set up your SD.gov account.

Each project will have its own unique web address for bidding. This can be found in the advertisement on our website for that specific project, the builders exchanges advertisements, as well as the newspapers. If you ever cannot find the link, please reach out to OSE at the contact information above and we can assist you.

When you click the link, it will ask you to log on. Once you have logged on, you’ll see the project title and a button to click for “Submit Bit.”

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Architect

Once you click “Submit Bid” you will see the project information populate and the path on top. The Contractor will be prompted to enter their company information.

Text Box The project information will auto populate, including the bid opening date.

Once you click next, it will bring you to the bid form for the project. This will have base bid plus any alternates. The base bid must be filled in with numbers only (no symbols). Once you fill base bid in and click outside of that field, the review tab will auto populate with symbols for you to review.

If your bid is over $100,000 an additional line will appear asking for a copy of a bid bond. This will only show up, if your bid exceeds that threshold. Please attach a copy (jpg, pdf, or similar) to your bid. If you prefer to mail a certified check, there is also a button you can select that says, "I have mailed a check to OSE, in lieu of a bid bond."

This project has one alternate listed. Click on the pencil to edit the value for the alternate.

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Once you click the pencil, it will ask from a drop down menu if you want to add, deduct, or zero dollar change for the alternate. The alternate title will be listed for reference. Once you make your selection, enter your dollar value and click save.

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This will then bring you to your bid form filled out for your review. Then click "Next."

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Alternate Title

If your project has unit prices, they will populate next for you to fill out. You would enter those in the same fashion that you entered your alternate. Click "Next" to proceed.

This then brings you to your final review page

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Review all information!

Review all information!

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Text Box Once you click submit, you will see this screen. If you click, view request, you can view and/or edit at any time.

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Text Box This should say Bid Received. If an addenda is added, it will say Ack. Addenda.

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Comments on the project are here. Any addendum's issued would show up in the comments (as well as emailed).

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Text Box Click on "Close Request" only if you want to withdraw your bid entirely.

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Text Box Any attachments are under the "Attachments Tab"

• Make sure the email address you use is checked regularly

• When an addendum is issued, you will be notified via email to log back on and acknowledge the addendum(s)

• For projects over $100K, there will be a link to attach a copy of your bid bond or an address to send a cashier’s check to (we prefer bid bond over check if possible)

• Any bids submitted will not be visible to those of us at OSE until the day/time of the bid opening

• Once you submit your bid, you will receive an email acknowledging that it was received automatically

• You may withdraw your bid electronically at any time before the bid closes

• Bid Tabulations can be found here, after the bid closes o OSE Pr https://www.sd.gov/cs/?id=ose_projectsojects - Citizen Services (sd.gov) https://www.sd.gov/cs/?id=ose_projects

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Once you submit your bid, you will receive an email similar to the snapshot below. You will receive similar emails for any addendum's issued.

00 00 05-C – SAMPLE OF SEALED ENVELOPE 1 June 2024

EXHIBIT “C”

SAMPLE OF SEALED ENVELOPE

Return Address John Smith, Contractor Box 1 Anytown, USA

TO: Engineering Manager SD Dept. of the Military

Joint Force Headquarters Building 2823 West Main Street

Proposal For: Install Solar PV – Range Road Armory Rapid City, SD

Qualitative Proposal To Be Opened: 4:00 PM MT August 22, 2024

Addenda Received: Nos.

Return Address John Smith, Contractor Box 1 Anytown, USA

TO: Engineering Manager SD Dept. of the Military

Joint Force Headquarters Building 2823 West Main Street

Proposal For: Install Solar PV – Range Road Armory Rapid City, SD

Qualitative Proposal To Be Opened: 4:00 PM MT August 22, 2024

Addenda Received: Nos.

00 00 05-C – SAMPLE OF SEALED ENVELOPE 2 June 2024

00 00 05-D – BID BOND 1 June 2024

EXHIBIT “D”

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as owner for the penal sum of _______________________________________ of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

Signed, this _________ day of ___________________, 20____.

The condition of the above obligation is such that whereas the Principal has submitted to

____________________________________________ a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract, attached hereto (properly completed in accordance with said bid) and shall furnish a bond for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid.

Then this obligation shall be void, otherwise the same shall remain in force and effect: it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extensions of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

Principal

Surety

SEAL By:

00 00 05-D – BID BOND 2 June 2024

00 00 05-E – PERFORMANCE AND PAYMENT BOND 1 June 2024

EXHIBIT “E”

PERFORMANCE AND PAYMENT BOND

Contractors shall utilize the Performance and Payment Bond found on the South Dakota Bureau of Administration, Office of the State Engineer website. https://boa.sd.gov/state-engineer/forms.aspx

Contractors shall follow the Performance and Payment Bond Instructions to complete the Performance and Payment Bond.

00 00 05-E – PERFORMANCE AND PAYMENT BOND 2 June 2024

00 00 05-F – NON-RESIDENT BIDDER AFFIDAVIT 1 June 2024

EXHIBIT “F”

NON-RESIDENT BIDDER AFFIDAVIT

Country of ) )ss State or Province of )

Business Name:

Business Address:

Affiant’s Name and Title:

Project Name and Location:

CFMO Project Number:

AFFIDAVIT WHEN NO PREFERENCE IS GIVEN

I do hereby affirm that resides in the country of in the state or province of and that said country and/or state or province does not grant a preference to resident bidders for work on behalf of said country, state or province.

Dated: Signed

AFFIDAVIT WHEN PREFERENCE IS GIVEN

I do hereby affirm that resides in the country of in the state or province of and that said country and/or state or province does grant a preference to resident bidders for work on behalf of said country, state, or province, the nature and extent of such preference being

Dated: Signed

ACKNOWLEDGEMENT OF AFFIANT

Country of ) ) ss State or Province of )

On this day of , 20 ______, before me personally appeared

, known to me to be the affiant who, being duly sworn, declares all statements made in this affidavit to be true and correct to the best of his or her knowledge.

Notary Public

My commission expires the day of , 20 .

00 00 05-F – NON-RESIDENT BIDDER AFFIDAVIT 2 June 2024

00 00 05-G – CONTRACTOR’S STATEMENT 1 June 2024

EXHIBIT “G”

STATE OF SOUTH DAKOTA

CONTRACTOR’S STATEMENT OF SKILLS AND CAPABILITIES

Send Completed Form to: South Dakota Department of the Military Attn: Engineering Manager

2823 West Main Street, Bldg. 420 Rapid City, South Dakota 57702

Project Name:

Location:

CFMO #

CONTRACTOR INFORMATION

A. Business Structure Submitted By:

1. Current Business Name and Address.

Business Name:

Address:

Phone:

Fax:

email:

2. How many years has your company been in business under the name listed above?

3. Has your company been in business under any other business name(s)?

If so, list previous business name(s) and the years your company operated under each name:

4. If a corporation, provide the:

Date and State of incorporation:

Type of corporation:

Names of Officers

President:

Vice-president(s):

Secretary:

Treasurer:

5. If a partnership, provide the:

State of Organization:

Partnership type:

Date of organization:

Names of partners:

6. If individual, provide:

Date of organization:

Name of owner:

00 00 05-G – CONTRACTOR’S STATEMENT 2 June 2024

7. Use this space to describe your company’s business structure if it differs from those listed above:

8. List the states and trades in which you may legally do business where applicable. Provide registration or license number(s).

9. If your company is organized under the laws of another state, has it registered with the Secretary of State for the State of South Dakota and/or the Department of Revenue?

B. Background and History

1. What types of Work does your company perform with its own forces?

2. Has your company ever failed to complete Work it had contracted to perform? Provide details if the answer is “yes.”

3. Within the last five years, has any officer or principal of your company been an officer or principal of another company that failed to complete Work that the latter company contracted to perform? Provide details if “yes.”

4. List any and all judgments, claims, suits at law, or arbitration proceedings pending or outstanding against your company or its officers regarding any construction contracts:

5. Within the last five years, has your company filed law suits or requested arbitration regarding any construction contracts?

6. On separate paper, provide a list of major construction projects your company is currently working on. For purposes of this document “major construction projects” shall be considered anything of average size or greater for your company. Provide name of owner, location, architect, contract amount, and scheduled completion.

7. On separate paper, list the major construction projects your company has completed in the last five years. For purposes of this document “major construction projects” shall be considered anything of average size or greater for your company. Provide name of owner, project, location, architect, contract amount, and scheduled completion.

8. On separate paper, list the construction background/experience of the key personnel in your company.

9. What is the average annual value of all construction work your company performed within the last five years?

C. References

1. List your company’s Business/Industry References:

2. List your company’s Financial References:

3. Provide the name and address of your company’s Surety, as well as the name and address of the Agent:

00 00 05-G – CONTRACTOR’S STATEMENT 3 June 2024

SIGNATURE AND NOTARIZATION

Date Typed Name:

Title:

Business Name:

Signature Address:

(Affix Seal)

On this day of , 20 ______, before me personally appeared

, who, being duly sworn, declares all statements made in this

Qualification Statement to be true and correct to the best of his or her knowledge.

Notary Public

My commission expires the day of , 20

00 00 05-G – CONTRACTOR’S STATEMENT 4 June 2024

00 00 05-H – RESIDENT SUBCONTRACTOR CERTIFICATION 1 June 2024

EXHIBIT “H”

RESIDENT AND NON-RESIDENT

SUBCONTRACTOR BREAKOUT

Company: Contract Amount:

Date:

Re: Project Name:

Project Location:

CFMO #

Resident Contractors

Company Location Labor Cost % Value of Contract

Total:

00 00 05-H – RESIDENT SUBCONTRACTOR CERTIFICATION 2 June 2024

Non- Resident Contractors

Company Location Labor Cost % Value of Contract

Total:

As defined in 5-18A:

(26) “Resident,” any person, partnership, association, limited liability company, foreign limited liability company, corporation, or foreign corporation licensed to do business within this state that has maintained a substantial and bona fide place of business and has conducted business from within this state for at least one year prior to the date on which a contract was awarded. The members of the partnership or association shall have been bona fide residents of the state for one year or more immediately prior to bidding upon the contract. A foreign corporation licensed pursuant to §§ 47-1A-1501 to 47-1A-1532, inclusive, is not a resident as defined by this section if the state or country in which it is organized enforces or has a preference for resident bidders;

If more than 20% of the labor cost included in the contract is being provided by nonresident subcontractors, please explain:

00 00 05-I – CONTRACTOR’S EXCISE TAX LICENSE 1 June 2024

EXHIBIT “I”

CONTRACTOR’S EXCISE TAX LICENSE

C E R T I F I C A T I O N

Effective July 1, 2003, no public corporation may award any contract for the construction of any public improvement unless the contractor has a contractors’ excise tax license. (SDCL 5-18B-17) In addition, all contractors that contract for construction services or realty improvement work in South Dakota must have a contractor's excise tax license. (SDCL 10- 46A and 10-46B)

To be awarded a contract with the State of South Dakota, or to be considered for future contracts, your business must have a South Dakota contractors’ excise tax permit. If you do not have a contractor's excise tax permit, you may apply for a permit with the South Dakota Department of Revenue. You may obtain an application from the Department of Revenue’s web-site at www.state.sd.us/drr or by calling 1-800-TAX-9188.

Please complete the following and return this form to this office with your bid/contract. This information will be verified with the Department of Revenue.

1. Owner Name:

2. Business Name:

3. South Dakota Contractor’s Excise Tax Permit Number:

4. If you applied for a contractors’ excise tax license but have not received the license yet, please list your federal identification number and the date you applied for a license:

Federal ID # Application Date:

Failure to provide documentation that your business is licensed will result in your removal from contracts with the State of South Dakota.

I certify that, to the best of my knowledge, the above information is accurate and complete.

,20 Signature Date

00 00 05-I – CONTRACTOR’S EXCISE TAX LICENSE 2 June 2024

00 00 06 – Standard Form of Agreement (Design-Build) 1 June 2024

STATE OF SOUTH DAKOTA

STANDARD FORM OF AGREEMENT

BETWEEN

OWNER AND DESIGN BUILDER

PRIME CONTRACT

Install Solar PV – Range Road Armory Rapid City, South Dakota

CFMO# 466405

THIS Agreement is made the XXst day of Month 20XX by and between Design-Builder (the "Design-Builder") and the State of South Dakota, acting through the Department of the Military (the "Owner").

WITNESSETH, that the Design-Builder and the Owner for the consideration stated herein agree as follows:

ARTICLE I – CONTRACT DOCUMENTS:

The following documents and any other documents incorporated in them by reference constitute the contract documents:

1. This Agreement

2. The Design-Build Project Manual dated Month 20XX

3. Addenda issued prior to execution of this Agreement dated Month XX, 20XX, Month XX, 20XX

4. Design-Builder’s Performance and Labor and Material Payment Bond

5. Design-Builder’s Proposal dated Month 20XX

6. Value Engineering Letter dated Month 20XX or NA

These documents constitute the entire and integrated agreement between the parties hereto and supersede prior negotiations, representations, or agreements, either written or oral. The Index for item 2 is attached hereto as Exhibit “A.”

ARTICLE II – STATEMENT OF WORK:

To the extent not otherwise provided in the contract documents, Design-Builder shall perform all design, construction and management services and furnish and pay for all labor, tools, equipment, supplies, materials, appurtenances, utilities, charges, fees, permits, and all other construction accessories and services required to complete the work specified in the contract documents in strict compliance with the contract documents. The scope of work shall be as follows:

1. The scope of work shall be (Provide detailed scope of work for design and construction).

2. Develop the design and the Construction Documents in accordance with applicable State laws and codes. Architectural, structural, general, mechanical, plumbing, and the electrical design shall conform to the following standards that are current as of the date of authorization to proceed with the design development documents:

(a) South Dakota Codified Laws:

1) Title 5-14-13 - Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities

2) Title 11-10 – Building Codes & Standards

3) Title 34-28-5 – Glazing Materials in Buildings

4) Title 36-16 – Electrician’s and Electrical Contractors

i. Administrative Rules 20:44 - Electricians

5) Title 36-25 - Plumbers

i. Administrative Rules 20:53 - Plumbers

(b) The latest edition of The American Society of Heating, Refrigerating and Air-conditioning Engineers’ (ASHRAE)

Energy Efficient Design of New Buildings Except Low-Rise Residential Buildings,

(c) The latest United States National CAD Standards as they pertain to drawings.

(d) The latest edition of the Army National Guard Design Guide 415-1, 415-2, 415-3, 415-4, 415-5 as required by type of facility,

(e) The latest edition of all DOD Unified Facilities Criteria (UFC) manuals,

(f) The latest edition of SD Dept. of the Military Technical Specifications,

(g) The latest edition of Unified Facilities Guide Specifications (UFGS),

(h) The latest edition of the SDARNG PAM 420-10-3 Design and Project Management Execution,

(i) The latest edition of the Code of Federal Regulations; Title 14 – Aeronautics and Space,

(j) The latest edition of FAA Advisory Circulars.

00 00 06 – Standard Form of Agreement (Design-Build) 2 June 2024

NOTE: Should there be a conflict between any of the above “Codes”, Guides, or “Laws” the more stringent shall apply.

3. The Design Builder shall provide Owner the following:

a) Before construction work begins, Stamped and Signed construction documents as follows:

1) 1 hard copy: Full size drawings, 11x17 drawings, project book, and project manual

2) 1 PDF Electronic Copy: Drawings, project book, and project manual

b) When the project is completed:

1) Record Drawings. When the Project is completed, Architect/Engineer shall furnish reproducible Record

Drawings with all construction changes duly noted, to the Department of the Military for the State’s permanent files, together with a summary of all final program requirements and design criteria and data.

Architect/Engineer shall submit AutoCAD compatible, DWG files, with all external references bound and PDF drawings sharing the same layout specifications as the AutoCAD version. All DWG files need to be properly saved so that all x-refs remain attached to the files when opened with a state computer. DWG files may not be write-protected. CD or flash drive shall include all PDF, AutoCAD, and other original design files (Revit).

Submit all Final Documents as follows:

i. Hard Copies: 3 full size Record Drawings and 2 Tenant Handbooks

ii. Electronic Copies: 1 PDF Record Drawings, 1 AutoCAD file(s), 1 PDF Record Specifications, 1 PDF Project Book, 1 PDF Tenant Handbook

2) Operation and Maintenance Manuals. Architect/Engineer shall review Operation and Maintenance Manuals submitted by the Contractor and ensure all Owner requirements are incorporated. Once approved, Operation and Maintenance Manuals shall be submitted as follows:

i. Hard Copies: Three (3) bound with front cover and side labeled with Project identification.

ii. Electronic Copies: 1 single PDF file

ARTICLE III – DATE OF COMMENCEMENT AND COMPLETION:

A. The work shall be commenced within ten (10) consecutive calendar days after the date of issuance of the Notice to

Proceed by the Owner.

B. Project Schedule:

The Design-Builder shall complete each of the design and construction phases not later than the number of calendar days identified below.

Schematic Design Phase XXX Calendar Days

Design Development Phase XXX Calendar Days Construction Documents Phase XXX Calendar Days Construction Phase XXX Calendar Days Substantial Completion XXX Calendar Days

C. The project shall be substantially completed not later than XXX calendar days from the effective date of the Notice to

Proceed, subject to adjustments of the contract time as provided in the contract documents.

D. Should the Design-Builder fail to substantially complete the work within the time set forth herein, or within such extra time as may have been allowed by increases in the contract, or by formally approved extensions granted by the Owner, the Design-Builder and the Design-Builder’s surety shall be liable for and shall pay the Owner $XXX.xx per calendar day as liquidated damages for each calendar day of delay until the work is substantially complete.

E. The project shall be completed and ready for final inspection/acceptance no later than 14 calendar days after the substantial completion date, subject to adjustments of the contract time as provided in the contract documents.

F. After Substantial Completion, if the Design-Builder shall neglect, refuse, or fail to complete the remaining Work as outlined in the approved punch list, subject to adjustments of the contract time as provided in the contract documents, the Design-Builder shall be liable for and shall pay the Owner $XXX.xx per calendar day as liquidated damages for each calendar day of delay until the Work is completed and ready for final inspection/acceptance.

ARTICLE IV – CONTRACT SUM:

A. For the performance of the work specified in the Contract Documents, Owner will pay Design-Builder and Design-

Builder will accept as full compensation the sum of $XXX,XXX.xx, subject to additions or deductions as provided in the contract documents;

B. Contract sum includes the following alternates, if any, which are described in the Contract Documents and are hereby, accepted by the Owner: N/A

C. Unit Prices, if any, are as follows: N/A

00 00 06 – Standard Form of Agreement (Design-Build) 3 June 2024

D. Where the quantities originally contemplated are so changed that application of the agreed unit price to the quantity of work performed is shown to create a hardship to the Owner or the Design-Builder, there shall be an equitable adjustment of the contract to prevent such hardship.

E. Contract sum includes the following value engineering items, if any, which are described in the Contract Documents and are hereby, accepted by the Owner: N/A

ARTICLE V, PROGRESS PAYMENTS:

The Owner shall make progress payments on a monthly basis for work accomplished in accordance with General Conditions, Article 11.

ARTICLE VI, ACCEPTANCE AND FINAL PAYMENT:

Final payment less amounts withheld to cover the cost of nonconforming work, shall be made by the Owner in accordance with General Conditions Sub-Article 11.8.

Prior to issuing final payment, the Design-Builder shall provide Operation and Maintenance Manuals for all material and equipment that requires operation and maintenance work and record drawings as detailed in Article II.

ARTICLE VII – NOTICE:

All notices, demands and other communications required by the Contract Documents shall be in writing and shall be deemed to have been duly given if personally delivered, mailed first class (postage prepaid), or e-mailed:

If to Design-Builder: If to the State:

Design-Builder Department of the Military Attn: POC Attn: Project Manager Address 2823 West Main St., Bldg 420 City, State Zip Rapid City, South Dakota 57702-8170 Phone: XXX.XXX.XXXX Phone: 605.737.XXXX Email: email address Email: project.manager@state.sd.us

Either party may change the addresses set forth for notice herein upon written notice thereof to the other.

ARTICLE VIII – INDEPENDENT DESIGN-BUILDER

While performing services hereunder, Design-Builder is an independent Design-Builder and not an officer, agent, or employee of the State of South Dakota.

ARTICLE IX – CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION:

A. Certifications regarding debarment, suspension, and voluntary exclusion

By signing this Agreement, Design-Builder certifies that neither Design-Builder nor its principals are presently debarred, suspended, proposed for debarment or suspension, declared ineligible, or voluntarily excluded from participating in transactions by the federal government or any state or local government department or agency. Design-Builder further agrees that it will immediately notify State if during the term of this Agreement Design-Builder or its principals become subject to debarment, suspension or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

B. Compliance with Executive Order 2020-01 Executive Order 2020-01 provides that for Design-Builders, vendors, suppliers or subcontract with five (5) or more employees who enter into a contract with State that involves the expenditure of one hundred thousand dollars ($100,000) or more, by signing this Agreement Design Builder 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 State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of State of Israel to do business, or doing business in 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 State to terminate this Agreement. Design Builder further agrees to provide

00 00 06 – Standard Form of Agreement (Design-Build) 4 June 2024 immediate written notice to 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.

C. Compliance with SDCL ch. 5-18A Design Builder certifies and agrees that the following information is correct:

Design Builder 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 affiliates, of those entities or business associations, regardless of their principal place of business, which is ultimately owned or controlled, directly or indirectly, by a foreign parent entity from, or the government of, the People’s Republic of China, the Republic of Cuba, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Russian Federation, or the Bolivarian Republic of Venezuela.

It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the purchasing agency to reject the bid or response submitted by, or on behalf of, Design Builder on this project and terminate any contract awarded based on the bid or response, and further would be cause to suspend and debar a business under SDCL § 5-18D-12.

Design Builder further agrees to provide immediate written notice to the purchasing 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 and would be cause to suspend and debar a business under SDCL § 5-18D-12.

D. Certification of No State Legislator Interest Design Builder (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 Agreement. By signing this Agreement, Design Builder hereby certifies that this Agreement is not made in violation of the South Dakota Constitution Article 3, Section 12.

ARTICLE X – AUTHORITY TO EXECUTE

Design-Builder represents and warrants that:

A. Design-Builder is a corporation duly incorporated, a limited liability company duly formed, or a limited liability partnership duly formed; is validly existing and in good standing under the laws of its state of incorporation or formation; and has all requisite corporate or organizational power and authority to execute, deliver, and perform its obligations under this Agreement.

B. The execution, delivery and performance of this Agreement has been duly authorized by Design-Builder; the individual(s) signing this Agreement on behalf of Design-Builder are authorized under the terms of its governing documents; and no approval, authorization or consent of any member, private party, governmental or regulatory agency is required in order for Design-Builder to enter into this Agreement and perform its obligations under this Agreement that has not been obtained.

C. Design-Builder is duly authorized to conduct business in and is in good standing in each jurisdiction in which Design- Builder will conduct business in connection with this Agreement.

D. Design-Builder has obtained all licenses, certifications, permits, and authorizations necessary to perform the services under this Agreement and currently is in good standing with all regulatory agencies that regulate any or all aspects of Design-Builder’s performance of the services. Design-Builder will maintain all required certifications, licenses, permits, and authorizations during the term of this Agreement at its own expense.

00 00 06 – Standard Form of Agreement (Design-Build) 5 June 2024

IN WITNESS WHEREOF, THE parties hereto have caused this instrument to be executed in one original counterpart the day and year above first written:

DESIGN-BUILDER:

DESIGN-BUILDER NAME:

(Affix Corporate Seal if Available)

SIGNATURE:

PRINTED NAME:

TITLE:

DATE:

RECOMMENDED BY STATE OF SOUTH DAKOTA

DEPARTMENT OF THE MILITARY DEPARTMENT OF THE MILITARY

CULLEN B. JORGENSEN (Date) MARK R. MORRELL, Maj Gen, SDNG (Date) Engineering Manager The Adjutant General

00 00 06 – Standard Form of Agreement (Design-Build) 6 June 2024

EXHIBIT "A"

STANDARD FORM OF AGREEMENT BETWEEN

OWNER AND DESIGN-BUILDER - LUMP SUM

Enumeration of Agreement Documents

1. This agreement

2. The Design-Build Project Manual dated Month 20XX.

3. Project Manual Index:

Section Title 00 00 01 Index 00 00 02 Invitation for Proposals 00 00 03 Design-Builder’s Checklist 00 00 04 Asbestos Statement 00 00 05 Instruction to Design-Builders 00 00 05A Price Proposal Form and Explanation Of Alternates 00 00 05-B Electronic Bidding Instructions 00 00 05-C Format for Sealed Envelopes 00 00 05-D Proposal Bond 00 00 05-E Performance and Payment Bond 00 00 05-F Non-Resident Bidder Affidavit 00 00 05-G Contractor’s Statement of Skills & Capabilities 00 00 05-H Resident Subcontractor Certification 00 00 05-I Contractor’s Excise Tax License 00 00 06 Standard form of Agreement 00 00 07 General Conditions 00 01 00 Technical Specifications Index 00 01 15 List of Drawings Sheets

4. The General and Special Conditions contained in the Project Manual dated Month 20XX.

5. The Invitation for Bids and Instruction to Bidders contained in the Project Manual dated Month 20XX.

6. Construction Documents prepared and approved in accordance with the General Conditions of Agreement.

7. Owner’s Requirements.

8. Design-Builder’s Proposal.

9. Addenda issued prior to execution of this Agreement dated: NA or Month 20XX

10. Value Engineering Letter dated NA or Month 20XX

11. The Performance and Labor and Material Payment Bond dated Issued by . Bond # .

12. Other documents forming a part of the Agreement Documents are: None OR list below

00 00 07 – GENERAL CONDITIONS 1 of 36 December 15, 2022

GENERAL CONDITIONS

TO

AGREEMENT FOR CONSTRUCTION

INDEX Article

Definitions

Execution, Correlation & Intent

Ownership, Use of Documents, Confidentiality of Documents

Ownership of Work Product....................................................................................................................................... 3.1 Confidentiality of Documents .................................................................................................................................... 3.2 Return of Documents ................................................................................................................................................. 3.3 Terms to Be Included in Subcontracts ........................................................................................................................ 3.4

A/E’s Responsibilities

Owner's Rights & Responsibilities Information & Services Required of the Owner ......................................................................................................... 5.1

Owner's Right to Stop the Work ................................................................................................................................. 5.2

Owner's Right to Carry Out the Work ........................................................................................................................ 5.3 Owner's Right to Access for Observation or Other Work ........................................................................................... 5.4

Contractor's Responsibilities

Review of Contract Documents.................................................................................................................................. 6.1

Supervision & Construction Procedures ..................................................................................................................... 6.2 Labor & Materials ...................................................................................................................................................... 6.3 Substitutions .............................................................................................................................................................. 6.3.4

Guarantees/Warranty ................................................................................................................................................ 6.4

Taxes .......................................................................................................................................................................... 6.5 Permits, Fees & Notices ............................................................................................................................................. 6.6 Superintendent .......................................................................................................................................................... 6.7 Construction Progress Schedule................................................................................................................................. 6.8

Documents & Samples at the Site .............................................................................................................................. 6.9

Shop Drawings, Product Data & Samples ................................................................................................................... 6.10 Shop Drawing & Product Data Procedures ................................................................................................................. 6.10.9 Samples Procedures ................................................................................................................................................... 6.10.10 Use of Site .................................................................................................................................................................. 6.11

Cutting & Patching of Work ....................................................................................................................................... 6.12

Cleaning Up ................................................................................................................................................................ 6.13 Communications ........................................................................................................................................................ 6.14 Royalties & Patents .................................................................................................................................................... 6.15 Indemnification .......................................................................................................................................................... 6.16 Default ....................................................................................................................................................................... 6.17

Subcontractors Definitions .................................................................................................................................................................. 7.1 Award of Subcontracts & Other Contracts ................................................................................................................. 7.2 Subcontractual Relations ........................................................................................................................................... 7.3

Work by Owner or by Separate Contractors Owner's Right to Perform Work & Award Separate Contracts ................................................................................... 8.1 Mutual Responsibility ................................................................................................................................................ 8.2 Owner's Right to Clean Up ...................................