1459502-Z9 09092026.pdf

State of Nebraska Purchase Order PURCHASE ORDER NUMBER 1459502 Z9

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

PAGE ORDER DATE GAME & PARKS COMMISSION

SPENCER DAM WMA

WILDLIFE AREA MANAGER

PO BOX 508

BASSETT NE 68714-0508

1 OF 1 09/09/26

BUSINESS UNIT BUYER

33040476 ANDREW SCHULZKUMP (G&P)

VENDOR NUMBER: 2693086 DESTINATION OF GOODS

GAME & PARKS COMMISSION

BUCKSKIN HILLS WMA

WILDLIFE AREA MANAGER

2201 N 13TH ST

NORFOLK NE 68701-2267

VENDOR ADDRESS:

JOSEPH LEISE

DBA LEISE LAWN CARE

206 N LEMON

PO BOX 813

HARTINGTON NE 68739-0813

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: 09/30/26

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

33040476.548500.F21D0028 S.33WLD029

Line Description Quantity Unit of

Measure Unit Price

Extended Price

1 CHALKROCK, BUCKSKIN &

POWDER

1,042.0000 $ 1.0000 1,042.00

CREEK MOWING

Total Order 1,042.00

^'1 f-i-^

^ 2iM 60^^ FIELD STAFF SERVICE AGREEME^7T

This Service Agreement is entered into between the Nebraska Game & Parks Commission and

Lewis and dark NRD, hereinafter called the Commission, and Leise Lawn Care _. hereinafter 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 "_Powder Creek and Buckskin Hills mowing_". The Contractor agrees to the following provisions and conditions:

See Attachment A.

A. CONSIDERATIONS

A total not to exceed $_6000_ shall be provided by the Commission to the Contractor following completion of the project for services performed. Payments shall be made on a monthly_ 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

J^

This Agreement shall begin (May 1, 2026) upon full execution and end on (April 30, 202^). 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 bv 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.

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 will] 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 otherproduct of the Contractor's efforts hereunder shall be delivered to the Commission.

D. EMPLOYEE STATUS

Nothing in this Agreement shall be constmed 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 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 perfonn 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 ofGcers

F. 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.

G. 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.

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 afiRliation. 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 fhe work eligibility status of new employees physically perfbiming 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:

I. 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 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 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 deban-ed during the term of this Agreement.

Revised 8/8/23 page 3

K. BUY AMERICA BUILD AMERICA

Domestic Preferences - Buy America. Build America ActCBABA') 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 in, incoq)orated 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 construcdon 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 pmnarily 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

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-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.

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

Acknowledgment/Acceptancc

^%-< _..._. ^ -=^^ -^r- NEBRASKA CAME AND PARKS COMMISSION / ' The Contractor

Date: ^f^SL Date: 3-3 (-^L^

Revised 8/8/23 page 5

Attachment A

Work Specifications:

Description/Specifications Cleaning/Mowing Services Contract

Powder Creek WMA and Buckskin Hills WMA

GENERAL CLEANING AND MOWING

LOCATION OF WORK. The location of the services covered by this contract will be on Buckskin Hills WMA located 2 miles west, 2 miles south, and Vi mile west of Newcastle and Powder Creek WA located 2 east and 4 south of Newcastle.

VAULT TOILET CLEANING.

Vault toilet cleaning will include interior walls, ceilings, windows, and doors. Floors, stools, door handles, hand rails, and toilet risers cleaned twice monthly..

Interior walls, windows, doors, and ceilings shall be swept to remove dirt, webs, insect nests, and other foreign material. Floors, stools, and toilet risers shall be soaked with water and disinfectant, brushed clean, and rinsed with excess water being removed. Door handles and hand rails shall be cleaned with disinfecting wipes. Trash will be collected and removed from the site.

Exterior sidewalk shall be kept clear of rock and excess dirt.

Restock toilet paper to ensure an adequate supply of paper exists until the next scheduled cleaning.

PICNIC SHELTER CLEANING.

Facilities shall be swept or blown to remove rock and excess dirt from concrete.

Insect nests, webs, dirt, and other foreign material shall be removed from all surfaces inside and outside.

Trash and debris within a 50-foot radius of the facility shall be collected and disposed of at each cleaning including grills and cooking grates.

CAMPSITE GRILL CLEANING.

Grills shall be cleaned of debris, and other foreign matter once per month during the contract period. Materials from grills, such as cans, bottles, paper etc., shall be deposited in garbage bags and removed from the area.

LITTER PICKUP IN CONTRACT AREA.

Trash and debris shall be collected and properly disposed of from the entire contract area on each visit including: all roadways, parking, picnic areas, fishing piers, and mowed areas

Revised 8/8/23 page 6

WORKMANSHIP.

If any service is not performed in compliance with the terms of this contract to the satisfaction of the Game and Parks Commission or Lewis and dark NRD, the contractor shall perform the services again within three days of notification by the Game and Parks Commission or Lewis and dark NRD. This shall be done at no additional cost to the government.

VANDALISM. The contractor shall report vandalism and maintenance problems to Game and Parks Commission 402-675-4020.

SECTION B

SPECIFICATIONS FOR MOWING AND TRIMMING

SCOPE OF WORK. The services shall consist of furnishing all equipment, material, supplies, and labor required to satisfactorily perform the mowing and trimming of recreation and other areas, as specified and as directed by Nebraska Game and Parks Commission and Lewis and dark NRD.

EQUIPMENT

MOWERS. They are to be turf-type mowers with cutting blades not longer than 28 inches in overall length. Multiple-blade rotary mowers shall be equipped and maintained with deflection plates on the discharge ports and with safety chains or other approved protective devices. All mowers must give a smooth and even grass cut. Mowing that results in "white tops," scalps, windrows of clipped vegetation, and swirled or lodged vegetation will constitute unsatisfactory performance under the terms of this contract.

TRIMMERS. Trimming equipment shall be defined as, but not limited to, hand trimmers, engine-powered trimmers, push mowers or other equipment suitable for the particular work of trimming vegetation.

MOWING AND TRIMMING

GENERAL.

The Conb-actor shall have sufficient equipment to complete the mowing and trimming, within five (5) work days from the day work is scheduled to begin for each mowing. Additional time will be allowed equivalent to inclemeat weather delays.

Work should be completed on Tuesdays, Wednesdays, or Thursdays. Mowing and trimming will not be permitted between the hours of 8:00 PM and 7:00 AM.

All areas will be cleaned of ground litter and debris prior to any mowing or trimming.

Mowing with power mowers, either push or riding, and trimming will not be performed closer than 20 feet from an inhabited picnic or campsite without the permission of the camper or picnicker. If permission is not granted, the Contractor shall return to these sites and mow or trim after the occupants of these sites leave.

The height of the turf after mowing or trimming will be between a range of 2 Yi inches - 4 inches. The mower "bench-setting" to be used will be determined based on climatic and site

Revised 8/8/23 Page 7 conditions throughout the term of the contract. Generally, the height of cut will be higher as rainfall decreases and temperatures increase. Cutting height will generally be at the lower end of the range during the spring and fall months.

MOWING. Mowing will not be permitted when the mowing operation causes rutting of ground or clumping of cut grass. Tractors shall be operated in a manner that will prevent the wheels from tearing the turf on turns. Each pass shall overlap the previous pass so that no uncut strips of turf remain. Mowing with tractor-mounted mowers will be permitted in the vicinity of road signs, guardrails, posts, culverts, and similar items provided that such operation does not damage or move these items. Mowers of all types shall not make contact with picnic tables, grills, trees or shrubs. Mowers will be operated so clippings and residue from mowing decks are not deposited on roadways, parking lots, sidewalks or other hard surfaced areas. These surfaces shall be cleared of clippings and residue immediately after mowing operations are completed.

When mowing, the Contractor will be responsible for moving limbs and branches up to six (6) inches in diameter.

TRIMMDW. All trimming shall be accomplished either simultaneously, or immediately following mowing and in all instances shall be completed no later than 24 consecutive hours after mowing. Trimming will be required around and under, as appropriate: campsites, water fountains, hydrants, grills, picnic tables, buildings, signs, trees, shrubs, guard posts, and similar items. Trim equipment shall not contact trees or shrubs. Following trimming, any objects moved to facilitate work shall be returned to their original positions. Sidewalks and other surfaces shall be cleared of trim clippings and residues.

Quantities are approximate and may include items such as roadways, parking lots and camping pads as total acreage was scaled from existing maps and aerial photographs.

TRACT/AREA DESCRIPTIONS

TRACT 1. A total of 2 acres +/- on Buckskin Hills WMA involving 3 areas to mow and tnm.

Area A consists of the access road and 3 parking areas. Mowing will start from the edge of road or parking area and extend minimum 5 feet into the ditch or away from the parking area.

All of the parking area adjacent to the boat ramp will need to be mowed.

Area B will consist of approximately 350 ft2 alongside the boat ramp.

Area C will consist of approximately 1500 ftz in the area around the vault toilet.

TRACT 2. A total of 5 acres +/- on Powder Creek WA the area east of lake involving three main areas to mow and trim.

Area D consists of the access road and 3 parking areas. Mowing along the access road will start at the south entrance for the boat ramp and proceed around the camping area loop. See attached map. Contractors will mow from the road edge and extend minimum 5 feet into the ditch. Parking areas may have grass or weeds grow in the graveled parking area. These areas will need to be kept trimmed through the season Area E consists of three camping pads west of the picnic shelter and four east of the picnic shelter. The same seven will be maintained for the season. See the attached map. A 50' radius will be mowed around each camping pad. Camping pads may have grass or weeds grow in the graveled vehicle area. These areas will need to be kept trimmed through the season.

Area F consists of die area around picnic shelter, 3 vault toilets, boat ramp, and sidewalks.

Revised 8/8/23 Page 8

Contractors will mow a 5-foot strip starting on the edge of the concrete and extendmg away from the structure.

TRACT 3. A total of 2 acres+/- on Powder Creek WA the area west of the lake involving two main areas to mow and trim

Area G consists of the access road and 2 parking areas. Mowing will start from the edge of road and extend minimum 5 feet into the ditch. This will Include the entire access road and loop past the vault toilet. Parking areas may have grass or weeds grow in the graveled parking area.

These areas will need to be kept trimmed through the season.

Area H consists of the area around the picnic shelter, 1 vault toilet, and sidewalk.

Contractors will mow a 5-foot strip starting on the edge of the pavement and extending away from the structure.

REMOVAL OF DEBRIS AND RUBBISH. The Contractor shall remove all equipment and unused material provided by him/her, and any waste materials and rubbish resulting from the operations performed on the Project upon completion of work for the contract period. Disposal of rubbish and removal of equipment will be done at the Contractor's expense.

DAMAGE TO GOVERNMENT PROPERTY. The Contractor shall be responsible for restoring any Government facilities or structures damaged as a result of his/her operations. This includes, but is not limited to, mulch around vegetation. Mulch will not be disturbed in any mowing or trimming operation. The Contractor shall advise the NRD or NGPC of any damage to government property due to his/her operations, vandals or other cause on the day he/she first notices or is informed of such damage.

DAMAGE TO PERSONAL PROPERTY. The Contractor will be responsible for any damage to private property (electrical cords, camping units, vehicles, etc.) caused by work operations under this contract.

BEST VALUE

Award to the successful contractor shall be based on "Best Value" rather than low bid. Bids will be rated on the following factors and references from previous employers provided on each of the following items with the exception of price:

a. Ability to deal with people in a professional manner.

b. Past performance.

c. Timely execution of mowing. Ability to meet mowing schedule.

d. Price.

Work Schedule: Mowing and cleaning should be accomplished on Tuesday, Wednesday, or Thursday weather permitting. Mowing and outhouse cleanup must be accomplished on or prior to:

May 11th and 31th, June 15th and 30ch, July 17th and 31st, August 14th and 28"', September 16th and 3o'h

Revised 8/8/23 page 9

BID FORM

S6,000 and less Service Contract Bids '

NGPC Staff Name: Russ Hamcr

Purpose of Contract: Mowing and Trash cleanup for Buckskin Hills and Powder Creek WMA-s

Location of Service (WMA(s)): Buckskin Hills WMA and Powder Creek WMA

Bid Amount

S1200/month

S1400/month

S4230/month

Vendor

Name

Leise Lawn Care

Quiet Cut Lawn

JB Lawn Care

Vendor Address

206 N Lemon

205 2"d St

130NCuming

City

Hartington

Maskell

Pilger

State

NE

NE

NE

Zip

68739

68751 68768

Phone #

402-841-1514

605-670-8414

402-516-4208

Date J-^f-^ NGPC Staff Signature

1. For Service Contracts between S2,000 and S6.000 (and special cases) letter bids (rom vendors must be attached to this form.

Account Coding (BU. Subsidiary. Sublcdger) for contract:

$792 per month will beNGPC contribution and $408 Per month will be NRD contribution 33040476-F21 D0027-? WLD029-84320=$ 1 584 ^ -^ ^^. ^V^oo

33040476-F21D0028^33WLD029-84320=$2376

Fiscal Year Coding (if applicable):

2025-2026 = S1584 and S816 NRD (Total S2400) 2026-2027 = S2376 and S 1224 NRD (Total S3600)

/^/^Uf/ .^^'•^ (J-t^-j-/.

Revised 8/8/23 Page 11

United States Citizenship Attestation Form

For the purpose of complying with Neb. Rev. Stafc §§ 4-108 through 4-114,1 attest as follows:

1^T I am a citizen of the United States.

—OR—

D I am a qualified alien under the federal Immigration and Nationality Act, my immigration status and alien number are as follows:

and I agree to provide a copy of my USCIS documentation upon request

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 verity my lawful presence in the United States.

3^-,^ L&^e.PRINT NAME (first, middle, last)

SIGNATURE ^7^^ C

DATE 3-/^-^

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FIELD STAFF SERVICE AGREEMENT

This Service Agreement is entered into between the Nebraska Game & Parks Commission, hereinafter called the Commission, and Leise Lawn Care . hereinafter 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 "_Chalkrock Mowing_". The Contractor agrees to the following provisions and conditions:

See Attachment A.

A. CONSIDERATIONS

A total not to exceed $__1250.00_shall be provided by the Commission to the Contractor following completion of the project for services performed. Payments shall be made on a _monthly 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

^A

This Agreement shall begin (May 1, 2026) upon full execution and end on (April 30, 202(?). 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.

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.

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

F. 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.

G. 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.

H. NEW EMPLOYEE WORK ELIGIBILITy STATUS

Under Federal and/or state law, this Agreement and Contractor must not discrimmate 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 fonn 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 EDtitIements (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 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.

J. DEBARMENT SUSPENSION

The Contractor certifies by signing this agreement that neither the contractor, subcontractor (if any) nor their principals arc 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 temunate this Agreement by providing the Contractor written notice if contractor becomes debarred during the term of this Agreement.

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K. BUY AMERICA BUILD AMERICA

Domestic Preferences - Buy 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 in, incorporated into, or affixed to any infrastmcture 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 die 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 m 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 Conteactors 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-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

^ 9^ ^1 ^-.^ -^-2—ob"l NEBRASKA CAME AND'PARKS COMMISSION f 'The Contractor

Date: _J-3/-^€ Date: 3-3t-^<o

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Attachment A

Work Specifications: Description/Specifications Cleaning/Mowing Services Contract

Chalkrock WMA

1. SPECIFICATIONS FOR MOWING, TRIMMING, AND LITTER REMOVAL

1.1. SCOPE OF WORK. The services shall consist of furnishing all equipment, material, supplies, and labor required to satisfactorily perform the mowing, trimming, and litter removal of access roads and recreation areas, as specified and as directed by Nebraska Game and Parks Commission and Lewis and dark NRD.

1.2 LOCATION OF WORK. The location of the services covered by this contract will be on Chalkrock WMA 5 miles north, I 1/2 miles east of Junction Neb. Hwy. 12 and US Hwy 81,

2. EQUIPMENT

2.1. MOWERS/TRACTORS The mowers and/ or tractors shall be of suitable size and type for the designed use.

2.2. TRIMMERS. Trimming equipment shall be defined as, but not limited to, hand frimmers, hand weed whips, scythes, engine-powered trimmers, push mowers or other equipment suitable for the particular work of trimming vegetation.

3. MOWING AND TRIMMING

3.1. GENERAL. The Contractor may commence mowing within 48 consecutive hours after receipt of telephone order or the notification date specified on the written order (whichever is later).

3.1.1. The Contractor shall have sufficient equipment to complete the mowing and tnmming, to include final inspection and acceptance, within five (5) work days from the day work is scheduled to begin for each mowing. For example, work scheduled to begin on a Monday must be finished on the following Friday. In the same way, work scheduled to begin on a Wednesday must be completed by the end of regular working hours on the following Tuesday. Additional time will be allowed equivalent to inclement weather delays. Additional time will be given ONLY for those periods judged inclement by the Game and Parks Commission or Lewis and dark NRD.

3.1.2. Mowing and trimming will not be permitted between the hours of 8:00 PM and

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7:00 AM.

3.1.3. All areas will be cleaned of ground litter and debris prior to any mowing or trimming. Mowing with power mowers, either push or riding, and trimming will not be performed closer than 20 feet from an inhabited picnic or campsite without the permission of the camper or picnicker. If permission is not granted, the Contractor shall return to these sites and mow or trim after the occupants of these sites leave.

3.1.4 The height of the turf after mowing or trimming will be between a range of 2 Vi inches - 4 inches. The mower "bench-setting" to be used will be determined based on climatic and site conditions throughout the term of the contract.

Generally, the height of cut will be higher as rainfall decreases and temperatures increase. Cutting height will generally be at the lower end of the range during the spring and fall months.

3.2. MOWING. Mowing will not be permitted when the mowing operation causes rutting of ground or dumping of cut grass. Tractors shall be operated in a manner that will prevent the wheels from tearing the turf on turns. Each pass shall overlap the previous pass so that no uncut strips of turf remain. Mowing with tractor-mounted mowers will be permitted in the vicinity of road signs, guardrails, posts, culverts, and similar items provided that such operation does not damage or move these items. Mowers of all types shall not make contact with picnic tables, grills, trees or shrubs. Mowers will be operated so clippings and residue from mowing decks are not deposited on roadways, parking lots, sidewalks or other hard surfaced areas. These surfaces shall be cleared of clippings and residue immediately after mowing operations are completed. When mowing, the Contractor will be responsible for moving limbs and branches up to six (6) inches m diameter.

3.3. TRIMMING. All trimming shall be accomplished either simultaneously, or immediately following mowing and in all instances shall be completed no later than 24 consecutive hours after mowing. This paragraph shall not be construed to alter the total time allowed for completion. Trimming will be required around and under, as appropriate: signs, trees, shrubs, guard posts, and similar items. Trim equipment shall not contact trees or shrubs. Following trimming, any objects moved to facilitate work shall be returned to their original positions.

3.4. MAPS. Maps delineating the areas to be serviced are provided.

3.41. Quantities are approximate and may include items such as roadways and parking lots. Total acreage was scaled from existing maps and aerial photographs.

4. TRACT/AREA DESCRIPTIONS

4.1. TRACT 1. A total of 2 acres +/- on Chalkrock WMA involving 3 areas to mow and trim.

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4.1.1. Area C consists of the access road. Mowing will start from the edge of road and extend minimum 5 feet into the ditch or away from the gravel road.

4.1.2. Area A will consist of approximately 350 ft2 alongside the boat ramp.

4.1.3 Area B will consist of approximately 1500 tf for truck and boat trailer parking.

5. REMOVAL OF DEBRIS AND RUBBISH. The Contractor shall remove all equipment and unused material provided by him/her, and any waste materials and rubbish resulting from the operations performed on the project upon completion of work for the contract period. Disposal of rubbish and removal of equipment will be done at the Contractor's expense.

6. WORKMANSmP.

6.1. All services performed under this contract shall be performed in a strictly first-class

6.2. If any service is not performed in compliance with the terms of this contract to the satisfaction of the Game and Parks Commission or Lewis and dark NRD, the contractor shall perform the services again within three days of notification by the Game and Parks Commission or Lewis and dark NRD. This shall be done at no additional cost to the government.

6.3. It is the responsibility of the contractor to ensure that all contract services are performed in accordance wifh these specifications.

7. DAMAGE TO GOVERNMENT PROPERTy. The Contractor shall advise the NRD or NGPC of any damage to government property due to his/her operations, vandals or other cause on the day he/she first notices or is informed of such damage.

8. DAMAGE TO PERSONAL PROPERTY. The Contractor will be responsible for any damage to private property (electrical cords, camping units, vehicles, etc.) caused by work operations under this contract.

9. SFTE VARIATIONS. During the term of the contract additional trees and shrubs may be planted, buildings built, guard rails added or removed, roadways changed, or other management practices adopted which might result in minor changes to mowing and trimming requirements.

No additional compensation shall be provided unless such changes result in an increase in mowing acreage of more than 5% in any one area or a 5% increase in the trimming requirements for any area.

10. BEST VALUE

10.1 Award to the successful contractor shall be based on "Best Value" rather than low bid.

Bids will be rated on the following factors and references from previous employers provided on each of the following items with the exception of price:

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a. Ability to deal with people in a professional manner.

b. Past performance.

c. Timely execution ofmowmg. Ability to meet mowing schedule.

d. Price.

11. OPTION TO EXTEND CONTRACT. This contract is renewable, at the option of the government, by the Game and Parks Commission giving written notice of renewal to the contractor 30 days before this contract is to expire. Such a preliminary notice will not be deemed to commit the government to renewal. If the government exercises this option for renewal, the contract as renewed shall be deemed to include this option provision.

Work Schedule: Mowing and litter removal should be accomplished, weather permitting, on or prior to:

May II11* and 311h, June 15th and 30th, July 17th and 31st, August 14th and 28th, September 16th and 30th

Payment Schedule:

Upon receipt of an invoice from the Independent Contract once Services are completed (monthly). Invoices should be sent to russ.hamerOnebraska.eov or 54487 836 rd. Battle Creek NE 68715. Payment may take up to 60 days.

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BID FORM

S6,000 and less Service Contract Bids l

NGPC Staff Name: Russ Hamcr

Purpose of Contract: Mowing and Trash Cleanup

Location of Service (WMA(s)): Chalkrock WMA

1 *

Bid Amount

S250/month

S270/month

No bid

Vendor Name

Leise Lawn Care

Quiet Cut Lawn

Terry Jueden

Vendor Address

206 Lemon

205 2nd st

88413 566 Ave

City

I lartington

Maskell

Hartington

State

NE

NE

NE

Zip

68739 68751 68739

Phone #

402-841-1514

605-670-8414

402-841-4401

^c / Date ->'̂ -?f-^ NGPC Staff Signature

I. For Service Contracts between S2.000 and $6,000 (and special cases) letter bids from vendors must be attached to th is form.

Account Coding (BU./Subsidiary. Sublcdgcr) for contract:

33040476-F21D0027-'33WLD029-S4320=$500 ^•^^^ Sygs^e.

33040476-F21D0028-33WLD029-S4320=S750 7^ ^/ £^^ ^^

^M-W/^ Fiscal Year Coding (if applicable):

2025-2026 = S500 2026-2027 = S750

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United States CitizensMp Attestation Form

For the purpose of complying with Neb.