115713 O4 03122025.pdf

STATE OF NEBRASKA CONTRACT AWARD

PAGE PRINT DATE

1 of 1 3/12/2026

BUSINESS UNIT BUYER

33040480 ELIZABETH DE LOS REYES (G&P) CONTRACT NUMBER

VENDOR NUMBER: 507631 115713 O4

VENDOR ADDRESS:

4-D TRENCHING & EXCAVATING LLC

704 WEST P

OGALLALA NE 69153-1878

AN AWARD HAS BEEN MADE TO THE VENDOR NAMED ABOVE FOR THE PERSONAL PROPERTY AND/OR SERVICES AS LISTED

BELOW FOR THE PERIOD:

APRIL 01, 2026 THROUGH OCTOBER 31, 2026

THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE PERSONAL PROPERTY AND/OR SERVICES SHOWN BELOW, AND DOES NOT PRECLUDE THE PURCHASE OF SIMILAR SERVICES FROM OTHER SOURCES.

THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN

MUTUALLY AGREEABLE TO THE VENDOR/CONTRACTOR AND THE STATE OF NEBRASKA.

Original/Bid Document 124860 O3

AGENCY SIGNATURE

R43500|NISK0001|NISK0001 20210628

NGPC Staff Contact Information:Scott Aden, Biologist Phone: (308) 221-6097; Email: scott.aden@nebraska.gov

Invoices should be sent to: Ethan Dyer, NGPC Wildlife Division, Phone: (402) 471-5420 PO Box 30370, Lincoln NE 68503; or emailed to ethan.dyer@nebraska.gov.

NGPC Buyer Information: Elizabeth de los Reyes, Procurement Specialist, Phone: (402) 471-5516; email: elizabeth.delosreyes@nebraska.gov

124546 O7

33040480.526102.F21D0027 S.33WLD029

Line Description Quantity Unit of

Measure Unit Price

Extended Price

1 GRADE ROADS ON I-80 LAKES 4.0000 EA 10,200.0000 40,800.00

Total Order 40,800.00

Revised 8/8/2023 Page 1

STATE OF NEBRASKA

GAME & PARKS COMMISSION

SERVICE AGREEMENT

This Agreement is entered into between the Nebraska Game & Parks Commission, hereinafter called the Commission, and 4-D Trenching & Excavating (AB# 507631), hereinafter called the Contractor.

WITNESSETH: That the Commission has awarded a service contract to the Contractor for services itemized under Agreement Terms. The work will be performed in the state of Nebraska. The Commission’s obligation for performance is contingent upon the availability of appropriated grant funds and the authority to expend those funds.

A. AGREEMENT TERMS

The Contractor shall undertake to accomplish the goals, objectives and strategies of the project entitled “Platte Valley WMA Road Grading Specification”. The Contractor agrees to the following provisions and conditions:

See Attachment A and B.

B. CONSIDERATIONS

A total not to exceed $40,800.00 will be provided by the Commission to the Contractor following completion of the project for services performed. Payments will be made to the Contractor following receipt of the invoice for services performed as outlined in

Agreement Terms.

C. DURATION OF AGREEMENT

This Agreement will begin April 1, 2026 and end October 31, 2026. This Agreement will remain in effect for the term prescribed above unless sooner revoked for cause by the

Commission or unless sooner terminated by either party. If revoked for cause by the

Commission, or if terminated by the Contractor or by mutual consent, there shall be not less than (30) days written notice, unless otherwise mutually agreed.

If revoked for cause the Contractor shall have twenty (20) days after receipt of written notification to cure any such default. Following termination notice by the Commission, or if the Contractor is unable to cure its default, the Contractor shall be entitled to compensation, upon submission of invoices and proper proof of claim, for services provided under the Agreement to the Commission up to and including the date of termination and for any non-cancelable obligations incurred prior to the notice to terminate.

Revised 8/8/2023 Page 2

This Agreement may be renewed, extended or amended by mutual written agreement.

Annual funding for this Agreement is dependent upon receipt of monies from the

Commission’s funding sources.

D. FORFEITURE OF AGREEMENT

Failure of the Contractor to comply with the terms and conditions of this Agreement in a manner, to the best of their ability, which the Commission, in its sole discretion, shall deem sufficient, may be considered cause for revocation of the project and this

Agreement. Failure of the Commission to revoke upon apprehension of a violation shall not constitute a bar to revocation upon repetition of the same violation or of another violation. In the event of any forfeiture or termination of the project and this Agreement, any research data, supplies, interim reports, or other product of the Contractor’s efforts hereunder shall be delivered to the Commission.

E. EMPLOYEE STATUS

Nothing in this Agreement shall be construed as a delegation of authority of the

Commission to the Contractor or its agent(s) with respect to the agreement described herein, nor shall the Contractor or its agent(s) in any manner consider or represent itself to be an employee of the Commission. It is expressly understood by the Contractor that it is in all instances an independent contractor who shall provide, manage and assume all obligations whatsoever which may occur or be required by the Workmen’s Compensation laws of any state, Old Age and Survivors Insurance, Internal Revenue Acts, Income Tax of any state, and laws and regulations relating thereto, and the Independent Contractor shall save and hold harmless the Commission against any obligation relating to any such liability.

F. HOLD HARMLESS

It is expressly understood that the Contractor assumes full liability for the acts of its employees, agents, and officers assigned to perform the Contractor’s duties, hereunder, and shall reimburse the Commission for any damage to Commission property, real or personal, caused by the Contractor, its employees, agents or officers.

G. CONTROLLING LAW

The present Agreement shall be considered to have been executed at Lincoln, Lancaster

County, Nebraska, and shall be subject to the laws of the State of Nebraska.

H. CONFLICT OF INTEREST WARRANT

The Contractor warrants that its officers, stockholders, associates and employees presently have no known financial interest and shall not acquire any known financial interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required by this Agreement. The Contractor shall comply with the provisions of the laws of the State of Nebraska which require disclosure for conflict of interest determinations of amounts received under this Agreement.

Revised 8/8/2023 Page 3

I. NEW EMPLOYEE WORK ELIGIBILITY STATUS

Under Federal and/or state law, this Agreement and Contractor must not discriminate in employment under this specific Agreement on the basis of race, color, religion, age, gender, marital status, national origin, disability or political affiliation. The Contractor agrees to abide by the Nebraska Fair Employment Practices Act as provided by Neb. Rev.

Stat. Sections 48-1101 through 48-1126, and the American with Disabilities Act of 1990

(P.L. 101-366) as implemented by 28 C.F.R. 3, which are hereby made a part of and included in this Agreement by reference.

The Contractor is required and herby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal

Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United

States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee.

J. DRUG FREE WORKPLACE

Each party agrees to comply with all applicable federal, state and local laws, codes, regulations, rules, and orders. The Contractor agrees to have in place, during the agreement period, a Drug Free Workplace Policy stating that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace is prohibited. Consultant agrees to provide a copy of its drug-free workplace policy at any time upon request by the Commission.

K. DEBARMENT SUSPENSION

The Contractor certifies by signing this agreement that neither the contractor, subcontractor (if any) nor their principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal or state department or agency from participation in transactions. The Contractor also agrees to include the above requirements in any and all subcontracts into which it enters. The Contractor shall immediately notify the Commission if, during the term of this agreement, the

Independent contractor becomes debarred. The Commission may immediately terminate this Agreement by providing the Contractor written notice if contractor becomes debarred during the term of this Agreement

L. BUY AMERICA BUILD AMERICA

Domestic Preferences – Buy America, Build America Act (BABA)

In the performance of this Agreement, Contractor shall adhere to the BABA Act, which states:

Revised 8/8/2023 Page 4

“…..no federal funding for ‘infrastructure’ projects is provided “unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.” Section 70914 of Public Law No. 117-58, §§ 70901-52.

This applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to any infrastructure project – this includes new construction, alterations, maintenance, or repair. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. These requirements also apply to all sub-contracts.

The Act requires the following Buy America preference:

1. All iron and steel used in the project are produced in the United States. This means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

2. All manufactured products used in the project are produced in the United States.

This means the manufactured product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation.

3. All construction materials are manufactured in the United States. This means that all manufacturing processes for the construction material occurred in the United

States. Construction materials include: An article, material, or supply - other than an item of primarily iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives - that is or consists primarily of:

• Non-ferrous metals

• plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables)

• glass (including optic glass)

• lumber

• drywall

• pre-made cement (concrete) blocks

• Geotextile fabrics

Contractors and their representatives will ensure that all applicable products utilized under this Agreement are accompanied by proper documentation demonstrating compliance with the BABA Act, and these documents will be submitted to the

Commission prior to payment. Documentation of compliance for manufactured products

(product was manufactured in the United States, and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product) may be in the form of a certification letter from the manufacturer on their letterhead if necessary.

Contractor assumes the risk of non-compliance in including any non-domestic materials that are subject to BABA Act requirements, and agrees to the following conditions:

Revised 8/8/2023 Page 5

• Contractor shall provide the supporting documentation of BABA Act compliance to the Commission prior to payment.

• The burden of proof to meet the BABA Act provisions rests on the Contractor.

• If any of the above-described materials or products are unable to meet BABA Act requirements, the Contractor must obtain Commission approval prior to use of these materials.

• If the Commission approval was not obtained and non-BABA Act compliant material was utilized, the Contractor risks the liability to remove and replace said material at no cost to the Commission.

• No claims for contract adjustment (additional time, money, or both) will be made because of the non-compliant material(s) without prior Commission approval.

M. MAINTAINING OF RECORDS

The Contractor agrees to retain copies of records related to this project for a minimum of five years following the close of this project for federal auditing purposes.

N. NONASSIGNMENT

This agreement may not be assigned except with the written consent of the Commission.

O. CONTRACT CONTACTS

Commission Technical Contact: Scott Aden, Biologist

Phone: (308) 535-8025

Email: scott.aden@nebraska.gov

Commission Administrative Contact: Ethan Dyer, Administrative Technician

Phone: (402) 471-5420

Email: ethan.dyer@nebraska.gov

Independent Contractor Technical & Casey Dawson

Administrative Contact: Phone: (308) 289-2556

Email: casey_4-d@outlook.com

Revised 8/8/2023 Page 8

Attachment A

Site Description:

1. This project consists of grading multiple Wildlife Management Area (WMA) roads and parking areas (approximately 6.2 miles total).

2. The WMAs are located along/near Interstate 80 in Dawson and Lincoln Counties

(maps attached).

3. To see exact locations of WMAs visit https://outdoornebraska.gov/guides-maps/public-access-atlas/

Work Specifications:

1. Roads and parking areas shall be graded 4 times: Once in April, once in June, once in August, and once in October.

2. Grade roads in a manner that encourages drainage

3. Grade roads to improve or maintain crown

4. Ruts shall be completely filled in.

5. If work does not meet specs, the contractor will be asked to return to the site and complete the job according to the specs outlined in this contract.

6. Contractor shall provide labor, equipment, insurance, and other miscellaneous materials needed that are not provided by the Commission

Work Schedule: Work is scheduled to begin on April 1, 2026, and must be completed by

October 31, 2026.

Payment Schedule: Payments may be made after each pass or in one lump sum at the end of the contract. However, the sum off all payments may not exceed the contract amount. The State shall have forty-five (45) calendar days to pay after a valid and accurate invoice is received by the State.

Revised 8/8/2023 Page 9

Attachment B

Maps

Revised 8/8/2023 Page 10

Revised 8/8/2023 Page 11

Revised 8/8/2023 Page 12

Revised 8/8/2023 Page 13

Revised 8/8/2023 Page 14

Revised 8/8/2023 Page 15

Scan.pdf

RD43500U_EN_297814_238769_4651.pdf