State of Nebraska Purchase Order PURCHASE ORDER NUMBER

1452503 OM

SHOW PURCHASE ORDER NUMBER ON ALL PAPERS AND PACKAGES INVOICE TO ADDRESS BELOW

PAGE ORDER DATE GAME & PARKS COMMISSION

WILDLIFE DIV

PO BOX 30370

LINCOLN NE 68503-0370

1 OF 1 08/05/26

BUSINESS UNIT BUYER

33201280 ANDREW SCHULZKUMP (G&P)

VENDOR NUMBER: 2648130 DESTINATION OF GOODS

GAME & PARKS COMMISSION

CLEAR CREEK WMA

WILDLIFE AREA MANAGER

301 E STATE FARM RD

NORTH PLATTE NE 69101-0430

VENDOR ADDRESS:

DARRIN RINESTINE

DBA R7CUSTOMS, LLC

103 MAPLE ST

THEDFORD NE 69166-6200

Unsatisfactory delivery schedule or service will be sufficient cause for cancellation of this order. Order is subject to cancellation if merchandise is not received by: 05/31/26

FREIGHT: FOB DESTINATION

DELIVERY INSTRUCTIONS:

INSTRUCTIONS TO VENDORS

* Packing list must be included in each shipment.

AGENCY SIGNATURE

R43500|NISA0002|NISA0002 20220623

* Two copies of invoice must be submitted in order that payment can be made - INVOICES

MUST INDICATE YOUR FEDERAL TAXPAYER IDENTIFICATION NUMBER.

* Materials ordered are subject to our inspection and approval. Defective material(s) not in compliance with specifications will be held pending resolution or returned subject to your risk and expense.

* Materials are to be shipped F.O.B. Destination.

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

NGPC Buyer Information: Andrew Schulzkump, Procurement Specialist, Phone: (402) 471-5486; email: andrew.schulzkump@nebraska.gov

Clear Creek: 33201280.526102.W21D0027 S.33P25058 Ogallala: 33201679.526102.W21D0027 S.33P25059

Line Description Quantity Unit of

Measure Unit Price

Extended Price

1 4 WIRE FENCE INSTALLATION 1.0000 EA 4,519.3000 4,519.30

CLEAR CREEK WMA

2 4 WIRE FENCE INSTALLATION 1.0000 EA 5,003.0500 5,003.05

OGALLALA STRIP WMA

Total Order 9,522.35

FIELD STAFF SERVICE AGREEMENT

This Service Agreement is entered into between the Nebraska Game & Parks Commission, hereinafter called the Commission, and R7 Customs LLC^&ereinafter called the Contractor, for the services itemized under Agreement Terms below.

AGREEMENT TERMS

The Contractor shall undertake to accomplish the goals, objectives and strategies of the project entitled "Ogallala Strip FencyS625- Labor". The Contractor agrees to the following provisions and conditions: Z&Z 6'f'j-r /Z<?

See Attachment A.

A. CONSIDERATIONS

A total not to exceed $5,267.50 shall be provided by the Commission to the Contractor following completion of the project for services performed. Payments shall be made on a smgle, completion of project basis to the Contractor following receipt of the proper documentation specified in

Agreement Terms. The Commission's obligation for performance is contingent upon the availability of appropriated grant funds and the authority to expend those funds.

B. DURATION OF AGREEMENT

This Agreement shall begin upon full execution and end on May 31, 2026. This Agreement will remain in effect for the term prescribed above unless sooner revoked for cause by fhe 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 termmation notice by fhe 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-caacelable obligations incurred prior to the notice to terminate.

This Agreement may be renewed, extended or amended by mutual written agreement. Annual funding for this Agreement is dependent upon receipt of monies from fhe Commission's funding sources.

Failure of the Contractor to comply with the terms and conditions of this Agreement in a manner which the

Commission, in its sole discretion, shall deem sufficient may be considered cause for revocation.

Revised 8/8/23 Page 1

C. 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.

D. EMPLOYEE STATUS

Nothing in this Agreement shall be construed as a delegation of authority of the commission to the I Contractor or its agent(s) with respect to the agreement described herein, nor shall the Contractor or its I agent(s) in any manner consider or represent itself to be an employee of the Commission. It is expressly I 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 of 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 Contractor shall save and hold harmless the

Commission against any obligation relating to any such liability.

E. 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

I the Commission for any damage to Commission property, real or personal, caused by the Contractor, its employees, agents or officers

F.| CONTROLUNG LAW

I The present Agreement shall be considered to have been executed at Lincoln, Lancaster County, i Nebraska, and shall be subject to the laws of the State of Nebraska.

G.I CONFLICT OF INTEREST WARRANT

s

I The Contractor warrants that its officers, stockholders, associates and employees presently have no I known financial mterest and shall not acquire any known financial interest, direct or indirect, which I would conflict in any manner or degree with the performance of the services required by this 1 Agreement. The Contractor shall comply with the provisions of the laws of the State of Nebraska I which require disclosure for conflict of interest determinations of amounts received under this I Agreement.

H.] 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

Revised 8/8/23 Page 2

Fair Employment Practices Act as provided by Neb. Rev. Stat. Sections 48-1101 through 48-1 126, 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.

If the Contractor is an individual or sole proprietorship, the following applies:

1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us.

2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

3. The Contractor understands and agrees that lawful presence in the United States is required and the Independent Contractor may be disqualified or the Agreement terminated if such lawful presence cannot be verified by Neb. Rev. Stat. 4-108.

I. DRUG FREE WORKPLACE

Each party agrees to comply with aU applicable federal, state and local laws, codes, regulations, rules, and orders. The Contractor agrees to have in place, during the agreement period, a Dmg 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.

J. 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 m 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.

Revised 8/8/23 Page 3

K. BUY AMERICA BUILD AMERICA

I Domestic Preferences - Buy America, Build America Act CBABA) In the performance of this Agreement, Contractor shall adhere to the BABA Act, which states:

i ".....no federal funding for 'infrastructure' projects is provided "unless all of fhe 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 mfrastructure 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 mitial melting stage tihrough 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 manufacfau-ed 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 m 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-fen-ous metals

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

• glass (includmg 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

Revised 8/8/23 Page 4 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:

• 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-compliajnt material(s) without prior Commission approval.

This Agreement shall be considered executed at Lincoln, Lancaster County, Nebraska, and shall be governed by the laws of the State of Nebraska.

Each party agrees to comply with all applicable federal, state and local laws, codes, regulations, rules, and orders.

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

IN WITNESS WHEREOF the parties have affixed their signature, thus entering into this agreement, the day and year written.

Acknowledgment/Acceptance / ^^ <^ ^z^/^<

NEBRASKA GAME AND PARKS COMMISSION The Contractor

Date: Date:

Revised 8/8/23 Page 5 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.

Ttiis Agreement shall be considered executed at Lincohi, Lancaster County, Nebraska, and shall be governed by the laws of the State of Nebraska.

Each party agrees to comply with all applicable federal, state and local laws, codes, regulations, mles, and orders.

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

D IN WITNESS WHEREOF the parties have affixed Ihsir sigpature, thus entering into this agreement, fhe day and year written.

AcknowIedgment/Acceptance

Attachment A

SPECIFICATIONS FOR QGALLALA STRIPWMA FENCE:

1. Distance:

a. Four sections offence, measures out to about 2,450 linear feet.

b. Construction may not start until February 15, 2026 and must be completed prior to May 1,2026.<

c. Bids will be based upon a per foot basis; topography, vegetation and other encumbrances should be factored into per foot bid. Call Biologist to schedule site visit.

2. Materials

a. Wood line posts, wood corner/brace posts, steel T posts, #9 galvanized wire, staples, 40 penny spikes, and barbed wire will be furnished by the Nebraska Game and Parks Commission.

b. Contractor shall provide labor, equipment, insurance, and other miscellaneous materials needed that are not provided by the Commission such as dead-man anchors.

3. Order of construction

a. Set line posts on an accurate line between installed comers.

b. Stretch wire tightly and uniformly by sections between corners, gates, and end assemblies.

4. Construction type

a. Fence shall be 4-strand barbed wire, all wood posts along line at intervals of 1 rod (16.5 feet), with the exception of one steel T-post every 10-15 rods within the line for grounding as needed. Wood brace posts shall be installed at minimum every 1/4 mile and as needed.

Top wire shall be 42" from the ground, second from the top shall be 10" down from the top wire (32"), third wire from the top shall be 8" down from the second wire from the top (24"), and the bottom wire shall be 16 inches from the ground.

b. Deadman anchors shall be used where fence crosses a depression, and as needed along the line.

Depth of placement shall be 18 inches minimum.

c. All line wires shall be dead-ended on gate, corner and end posts. The wire shall be alternately double wrapped in opposite directions around the post (i.e. first wire clockwise, second wire counter-dockwise, etc.) stapled securely and twisted back on the stretched wire on least three times.

d. Each strand of barbed wire shall be stapled or dipped to each post Staples shall be driven diagonally across the grain of the wood and at a slight downward angle, but not so tightly as to bind the wire to the post.

e. Wire shall be spliced by means of a Western Union splice having not less than 8 wraps of each end about the other. Wraps should be tightly wound and closely spaced.

f. All postholes shall be packed and filled.

g. Will include 3 gates at specified locations.

5. Miscellaneous

a. All debris (wire scraps, empty spools, boxes, trash, etc.) shall be removed from the area by the contractor.

b. Care shall be taken to avoid damaging the vegetation and to protect the stability of the soil.

c. All tree removal from old fence line and removal of old fence must be completed by the contractor. Only one section offence has existing fence to be tore out Roughly 570'.

d. Project will include an estimated: 11 "H" braces, 1 "L" Brace, 3 gates, and 2 Deadman anchors.

Revised 8/8/23 Page 6

Work Schedule: (to include specific dates when work is to be performed- may not always match the contract period dates) Work may begin on February 15*h. 2026 and must be completed before May 1st. 2026.^

Payment Schedule:

Upon receipt of an invoice from the Independent Contract once Services are completed (or may be monthly, annually as appropriate).

Revised 8/8/23 Page 7

OR

first, middle, last)

SIGNATURE.

United States Citizen

'£^.^^'Z.

•Iam-^.of«,eC^S^.

SS5::—-

^s^pro^a?wofa'vsc^^ ^-»..w.

I hereby attest that my response and the information provided on this form and~ any related application for public benefits are true, complete, and accurate and I understand that this information may be used to verify my lawful presence in the United States.

PMNT NAME

^)/)/2/2/?J ^^TT- f^:lJ^<Tjj£.

FIELD STAFF SERVICE AGREEMENT

; This Service Agreement is entered into between the Nebraska Game & Parks Commission, hereinafter called the Commission, and R7 Customs LLC, heremafter called the Contractor, for the services itemized under Agreement Terms below. K

AGREEMENT TERMS

The Contractor shall undertake to accomplish the goals, objectives and strategies of the project entitled "Clear Creek Fence SQS^- Labor". The Contractor agrees to the following provisions and conditions: 202& .-^ }^M

See Attachment A.

A. CONSIDERATIONS

A total not to exceed $5.697.50 shall be provided by the Commission to the Contractor following completion of the project for services performed. Payments shall be made on a smgle, completion of )roject, basis to the Contractor following receipt of the proper documentation specified in

Agreement Terms. The Commission's obligation for performance is contingent upon the availability

\ of appropriated grant funds and the authority to expend those funds.

B. DURATION OF AGREEMENT

This Agreement shall begin upon full execution and end on May 31. 2026. This Agreement will remain in effect for the term prescribed above unless sooner revoked for cause by the Commission or

I unless sooner terminated by either party. If revoked for cause by the Commission, or if terminated I by the Contractor or by mutual consent, there shall be not less than (30) days written notice, unless otherwise mutually agreed.

l If revoked for cause the Contractor shall have twenty (20) days after receipt of written notification to j 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 mcluding the date of termination and for any non-cancelable obligations incurred prior to the notice to terminate.

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.

Failure of the Contractor to comply with the terms and conditions of this Agreement in a manner which the

Commission, in its sole discretion, shall deem sufficient may be considered cause for revocation.

I Revised 8/8/23 Page 1

C. FORFEITURE OF AGREEMENT

; Failure of the Contractor to comply with the terms and conditions of this Agreement in a manner, to

I the best of their ability, which the Commission, in its sole discretion, shall deem sufficient, may be I considered cause for revocation of the project and this Agreement. Failure of the Commission to i 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 tihis Agreement, any research data, supplies, interim reports, or other product offhe Contractor's efforts hereunder shall be delivered to the Commission.

D. 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 of or be required by the Workmen's I 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 Contractor shall save and hold harmless the

I Commission against any obligation relating to any such liability.

EJ 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 i the Commission for any damage to Commission property, real or personal, caused by the Contractor, its employees, agents or officers

F. CONTROLLING LAW

I 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.

G. CONFLICT OF INTEREST WARRANT

I The Contractor warrants that its ofiGcers, stockholders, associates and employees presently have no i known financial interest and shall not acquire any known financial interest, direct or indirect, which j would conflict in any manner or degree with the performance of the services required by this I 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 j Agreement.

H. 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

Revised 8/8/23 Page 2

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.

If the Contractor is an individual or sole proprietorship, the following applies:

1. The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at www.das.state.ne.us.

2. If the Contractor indicates on such attestation form that he or she is a qualified alien, the Contractor agrees to provide the US Citizenship and Immigration Services documentation required to verify the Contractor's lawful presence in the United States using the Systematic Alien Verification for Entitlements (SAVE) Program.

3. The Contractor understands and agrees that lawful presence in the United States is required and the Independent Contractor may be disqualified or the Agreement terminated if such lawful presence cannot be verified by Neb. Rev. Stat. 4-108.

I. 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 Dmg Free Workplace Policy stating that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance m the workplace is prohibited. Consultant agrees to provide a copy of its drug-free workplace policy at any time upon request by the Commission.

J. 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.

Revised 8/8/23 Page 3

K. BUY AMERICA BUILD AMERICA

Domestic. Preferences -_Buv America, Build America Act CBABA) In the performance of this Agreement, Contractor shall adhere to the BABA Act, which states:

".....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 m, incorporated into, or affixed to any infrastructure project - fhis includes new construction, alterations, mamtenaace, 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 mmed, 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 i 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

I Revised 8/8/23 Page 4 product) may be in the form of a certification letter from the manufachu-er 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 followmg conditions:

• 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.

This Agreement shall be considered executed at Lincoln, Lancaster County, Nebraska, and shall be governed by the laws of the State of Nebraska.

Each party agrees to comply with all applicable federal, state and local laws, codes, regulations, rules, and orders.

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

IN WITNESS WHEREOF the parties have affixed their signature, thus entering into this agreement, the day and year written.

AcknowIedgment/Acceptance / ^f^£^- 0^-U- ^(-^

NEBRASKA GAME AND PARKS COMMISSION The Contractor

Date: Date:

Revised 8/8/23 Page 5 materials.

• If the Commission approval was not obtained and non- BABA Act compliant material was utilized, fhe 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.

This Agreement shall be considered executed at Lincoln, Lancaster County, Nebraska, and shall be governed by the laws of the State of Nebraska.

Each party agrees to comply with all applicable federal, state and.

local laws, codes, regulations, rules, and orders.

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

IN WITNESS WHEREOF the parties have affixed tihfiir signature, thus entering mto this agreement, the day and year written.

t,A-.'-•.'-<•

AcknowIedgment/Acceptance

\?BRASKA GAMEANDPASKS COWOSSK^The CmitractOt^.

r.A<< ^~)^7 /' r

:v '''^^s^^^^ "^V^^y.-f.1^ v..".-i i^- .

Attachment A

Work Specifications:

SPECIFICATIONS FOR Clear Creek WMA FENCE;

1. Distance:

a. Two sections offence, measures out to about 2,650 linearfeet.

b. Construction may not start until February 15,2026 and must be completed prior to May 1, 2026.

c. Bids will be based upon a per foot basis; topography, vegetation and other encumbrances should be factored into per foot bid. Call Biologist to schedule site visit.

2. Materials

a. Wood line posts, wood corner/brace posts, steel T posts, #9 galvanized wire, staples, 40 penny spikes, and barbed wire will be furnished by the Nebraska Game and Parks Commission.

b. Contractor shall provide labor, equipment, insurance, and other miscellaneous materials needed that are not provided by the Commission such as dead-man anchors.

3. Order of construction

a. Set line posts on an accurate line between installed corners.

b. Stretch wire tightly and uniformly by sections between corners, gates, and end assemblies.

4. Construction type

a. Fence shall be 4-strand barbed wire, all wood posts along line at intervals of 1 rod (16.5 feet), with the exception of one steel T-post every 10-15 rods within the line for grounding as needed. Wood brace posts shall be installed at minimum every 1/4 mile and as needed.

Top wire shall be 42" from the ground, second from the top shall be 10" down from the top wire (32"), third wire from the top shall be 8" down from the second wire from the top (24"], and the bottom wire shall be 16 inches from the ground.

b. Deadman anchors shall be used where fence crosses a depression, and as needed along the line.

Depth of placement shall be 18 inches minimum.

c. All line wires shall be dead-ended on gate, corner and end posts. The wire shall be alternately double wrapped in opposite directions around the post (i.e. first wire clockwise, second wire counter-clockwise, etc.) stapled securely and twisted back on the stretched wire on least three times.

d. Each strand of barbed wire shall be stapled or clipped to each post Staples shall be driven diagonalty across the grain of the wood and at a slight downward angle, but not so tighdy as to bind the wire to the post

e. Wire shall be spliced by means of a Western Union splice having not less than 8 wraps of each end about the other. Wraps should be tightly wound and closely spaced.

f. All postholes shall be packed and filled.

g. Construction will include 2 gates at specified locations.

5. Miscellaneous

a. All debris [wire scraps, empty spools, boxes, trash, etc.) shall be removed from the area by the contractor.

b. Care shall be taken to avoid damaging the vegetation and to protect the stability of the soil.

c. Project will include an estimated: 8 "H" braces, 1 "L" Brace, 2 gates, and Deadman anchors at contractors discretion.

Work Schedule: (to include specific dates when work is to be performed- may not always match the contract period dates) Work may begin on February 15th. 2026 and must be completed before May 1st. 2026.

Revised 8/8/23 Page 6

Payment Schedule:

Upon receipt of an invoice from the Independent Contract once Services are completed (or may be monthly, annually as appropriate).

Revised 8/8/23 Page 7

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