Sturgis 2025 Haying Conditions SOW - Exhibit A.pdf

Exhibit A - 2025 SDNG HAYING CONTRACT CONDITIONS

Scope of Work and General Provisions

GENERAL PROVISIONS:

1. This contract authorizes the Contractor to harvest hay from approximately 12.92 acres located east of the South Dakota National Guard (SDNG) Sturgis Armory, adjacent to

Sturgis High School. The haying area lies directly east of the Armory parking lot and falls within clearly defined boundaries. Meade 46-1 Sturgis Brown High School, East Campus

Subdivision Lot 2 Southern 12.92 Acres.

2. SDNG classifies this haying activity as routine grounds maintenance under ARSD

70:04:06:03.1 et seq. The State permits the Contractor to perform this work according to the conditions outlined in this document.

3. The primary purpose of the designated haying area is to support training and operational readiness of the South Dakota Army National Guard (SDARNG). While the Contractor is granted limited use of this land for haying activities, the SDARNG retains full authority to utilize the area for military training or other official purposes at any time. As such, the

Contractor acknowledges and accepts the risk that training activities may occur before, during, or after haying operations and may result in damage to hay, equipment, or ground conditions. The Contractor shall have no claim for compensation, damages, or reimbursement resulting from such activities.

4. The Contractor shall supply all labor, equipment, and materials necessary to complete the haying. The Contractor shall carry public liability insurance with a minimum of $50,000 property damage and $100,000 personal liability coverage. The Contractor must provide proof of insurance to SDNG before beginning operations.

5. The Contractor agrees to indemnify and hold harmless the State of South Dakota, SDNG, its officers, and employees from any claims or actions resulting from the Contractor’s activities under this agreement.

TIME REQUIREMENTS:

1. Cutting of hay may begin as of the date the contract is approved by the State but no earlier than

August 8, 2025.

2. The Contractor must remove all processed hay (baled or otherwise) from the site within 48 hours of processing. The State reserves the right to remove, or cause to be removed, any hay left on the premises beyond this time. Any hay not removed within 48 hours shall be deemed abandoned and becomes the property of the State. The Contractor will be billed for any removal expenses incurred by the State.

SAFETY REQUIREMENTS:

1. The Contractor shall perform all haying activities between sunrise and sunset.

2. The Contractor shall coordinate all haying operations with SDNG to avoid conflicts with training activities.

3. The Contractor may use designated gates and roadways to access the haying area. All loading of processed hay must occur within the hayed area for safety.

4. All haying equipment operating on SDNG property must display a “slow moving vehicle” emblem.

5. The Contractor may leave haying equipment in the cutting area overnight if used after

10:00 A.M. However, any equipment not in use the following day must be moved to a location near the fence line by 10:00 A.M.

6. All workers on site must wear high-visibility safety gear that meets ANSI Class II standards.

WORKMANSHIP STANDARDS:

1. The Contractor shall complete all cutting and removal in a neat and professional manner.

The hayed area must be left in clean condition upon completion.

2. The Contractor shall cut hay as close as safely possible around signs, fences, buildings, and other appurtenances.

3. The Contractor shall assume full responsibility for any damage caused during the haying process.

VEGETATION CONTROL:

1. The Contractor shall maintain vegetation within the haying area so that it does not exceed

18 inches in height. If vegetation exceeds this height, the State may mow the area at the

Contractor’s expense.

2. The Contractor is responsible for any herbicide application within the haying area. Any herbicide used must be applied in compliance with all relevant South Dakota Codified

Laws (SDCL), the Contractor must maintain proper documentation of all herbicide used, and the Contractor is responsible for submitting quantity and types of herbicides used on a state spray form emailed to ng.sd.sdarng.list.enviro@army.mil. The Contractor assumes all liability for effects related to herbicide application, including impacts on livestock or hay usability.

HAYING PAYMENT:

The Contractor shall pay the State per acre, for the 12.92-acre parcel, for the rights to harvest hay under this contract. Payment is due in full upon approval of this agreement and prior to the start of any haying activity.