6745 OF Stalp Gravel Bid.pdf

State of Nebraska - INVITATION TO BID

CONTRACT

DESTINATION OF GOODS

MULTIPLE DELIVERY LOCATIONS

PLEASE REFER TO DOCUMENTATION

FOR DELIVERY ADDRESSES.

Date nr21rz2 Page

Solicitation Number 6745 0F

Opening Date and Time 01t27t23 2:00 PM

Buyer

BRENDA SENSIBAUGH (AS)

numberorcontractsr*1"::"J,I*"""0',.?Jl["*'.1," jj,li:T;':;?'"#ili:i#H considered for contract award purposes.

X f.f f anASKA CONTRACTOR AFFIDAVIT: Bidder hereby attests that bidder is a Nebraska Contractor. "Nebraska Contractor" shall mean any bidder who has maintained a bona fide place of business and at least one employee within this state for at least the six (6) months immediately preceding the posting date of this lTB.

I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. S73-107 and wish to have preference, if applicable, considered in the award of this contract.

Contract to supply and deliver Armor Coat Gravel, Deicing Gravel, Windrow Gravel and Surfacing Gravel to the State of Nebraska as per the attached specifications for a One (1) year period from date of award. The contract may be renewed for Two (2) additional Three (3) month periods when mutually agreeable to the vendor and the State of Nebraska.

(12-14-22BMS)

Unit of Quantity Measure

1,500.0000 TN

2,200.0000

1,000.0000

Unit Price Extended

PriceLine

Description

DISTRICT 1 SURFACING GRAVEL

PAWNEE CITY HWY 65 & 8 JCT.

DISTRICT 3 ARMORCOAT GRAVEL

H\AAT 32 1 MILE WEST OF MADISON

DISTRICT 4 ARMORCOAT GRAVEL

TN

TN

By signing this lnvitation to Bid form, the bidder guarantees compliance with the provisions stated in this lnvitation to Bid, agrees to the terms and conditions unless otheMise agreed to and certifies that bidder maintains a drug free work place environment. Vendor will furnish the items requested within _ days after receipt of order. Failure to enter Delivery Date may cause quotation to be REJECTED.

Sign Here Enter Contact lnformation Below

Contact GLEN SCHUETZE500199 must be signed manually in ink or by DocuSign)

VENDOR#

VENDOR:

Address:

STALP GRAVEL INC. Telephone 402- 37 2- 549L 1598 RIVER ROAD Emails LalpgravelGho Lmai I . com

WEST POINT, NE 68788

j:]43530 N[9t!003i:i{353i1 Nii999CC:] 2ii?1 C 1 I r

!NVITATION

CONTRAGT

DESTINATION OF GOODS

MULTIPLE DELIVERY LOCATIONS

PLEASE REFER TO DOCUMENTATION

FOR DELIVERY ADDRESSES.

Date 12t21t22 Page 2 of 4

Solicitation Number 6745 0F

Opening Date and Time 01t27t23 2:00 PM

Buyer

BRENDA SENSIBAUGH (AS)

Line Description

47561 HWY 92 LOUP CITY

DISTRICT 4 ARMORCOAT GRAVEL

HWY 68 & 58 JCT. ROCKVILLE

DISTRICT 4 WINDROW GRAVEL

HWY 2 MP 328.4 RAVENNA

DISTRICT 4 WINDROW GRAVEL

HWY 92 MP 320.15 LOUP CIry

DISTRICT 4 WINDROW GRAVEL

HWY 58 MP 29.18 ROCKVILLE

DISTRICT 4 WINDROW GRAVEL

HWY281 MP 128.5 HWY 281/91 JCT

DISTRICT 6 WINDROW GRAVEL

HWY 23 MP 57 DICKENS

DISTRICT 6 WINDROW GRAVEL

HWT 30 MP 104 BRULE

DISTRICT 6 WINDROW GRAVEL

HWY 21 MP 68 BROKEN BOW

DISTRICT 6 WINDROW GRAVEL

HWY 183 MP 89 ANSLEY

DISTRICT 6 WINDROW GRAVEL

HWY 92 MP 205 TRYON

DISTRICT 6 WINDROW GRAVEL

HWY 2 MP 176 MULLEN

DISTRICT 6 WINDROW GRAVEL

HWY 61 MP 126 ARTHUR

DISTRICT 6 WINDROW GRAVEL

HWY 92 MP 175 ARTHUR

DISTRICT 6 DEICING GRAVEL

700.0000 TN

700.0000 TN

Extended PriceUnit Price rii::

1,500.0000 TN

Quantity

500.0000

680.0000

680.0000

.1,360.0000

.1,200.0000

2,000.0000

1,000.0000

660.0000

660.0000

660.0000

660.0000

1,000.0000

Unit of Measure

TN

TN

TN

TN

TN

TN

TN

11 DISTRTCT 6 WINDROW GRAVEL

HWY 97 MP 9 NORTH PLATTE

12,t,i,rr:, :r'. ir.ri

.t .l

TN

TN

TN

TN

TN

R.,35311 i.i:ge!a)03R,,3531. \iiiie99C03 202']01 1i

INVITATION

DESTINATION OF GOODS

MULTIPLE DELIVERY LOCATIONS

PLEASE REFER TO DOCUMENTATION

FOR DELIVERY ADDRESSES.

Date nt21r22 Page 3 oi 4

Solicitation Number 6745 0F

Opening Date and Time

01127123 2:00 PM

Buyer BRENDA SENSIBAUGH (AS)

Unit of Measure

TN

TN

TN

TN

TN

TN

Extended Price

Line Description

921 N HWY 25 SUTHERLAND

DISTRICT 6 DEICING GRAVEL

406 DIVISION ST. ANSLEY

DISTRICT 6 DEICING GRAVEL

78008 HWY 21 oCONTO

DISTRICT 6 DEICING GRAVEL

HWY 2 MP 277 BROKEN BOW

DISTRICT 8 ARMORCOAT GRAVEL

HWY 12 MP 29 NORDEN

DISTRICT 8 ARMORCOAT GRAVEL

HWY 11 MP 148 ATKINSON

DISTRIGT 8 ARMORCOAT GRAVEL

HWY 12 MP,1OO NAPER

HWY 12 MP 81 BROCKBURG

DISTRICT 8 WINDROW GRAVEL

HWY 12 MP 102 NAPER

DISTRICT 8 WINDROW GRAVEL

HWY 281 MP 212 SPENCER

DISTRICT 8 WINDROW GRAVEL

HWY 20 1 MILE WEST MERRIMAN

DISTRICT 8 WINDROW GRAVEL

HWY 20 5 MILES S.E. VALENTINE

DISTRICT 3 ARMORCOAT GRAVEL

Unit Price

1,500.0000

350.0000

700.0000

1,800.0000

1,800.0000

3,400.0000

TN $26.00 $88 ,400.00

INVITAT!ON

DESTINATION OF GOODS

MULTIPLE DELIVERY LOCATIONS

PLEASE REFER TO DOCUMENTATION

FOR DELIVERY ADDRESSES.

Date 12121t22

Page 4of4

Solicitation Number 6745 0F

Opening Date and Time 01t27t23 2:00 PM

Buyer BRENDA SENSIBAUGH (AS)

Line Description

HWY 9 1 MI NORTH OF 51&9 JCT

DISTRICT 3 ARMORCOAT GRAVEL

HWY 81 MP 164

ARMORCOAT ALTERNATE LOCATION

PRICE PER TON MILE

SURFACE GRAVEL ALT LOCATION

PRICE PER TON MILE

WINDROW GRAVEL ALT LOCATION

PRICE PER TON MILE

DEICING GRAVEL ALT LOCATION

PRICE PER TON MILE

Unit of Quantity Measure

1,250.0000 TN

200.0000

200.0000

200.0000

20.0000

Unit Price

TN .-15i!!PnttrniLe

TN

TN

TN

Extended Price

It.i3530 N,i.;999Llir3R435llC IJii999003 2021 li 14

!NVITATION

1I. TERMS AND CONDITIONS

Bidders should complete Section ll through X as part of their bid. Bidder is expected to read the Terms and Conditions and must initial either accept, reject, or reject and provide altemative language for each clause. The Bidder should also provide an explanation of why the Bidder rejected the clause or rejected the clause and provided alternate language using "Track Changes". Upon request an electronic copy of the bid with "Track Changes" must be submitted in an editable Word format.

By signing the solicitation, Bidder is agreeing to be legally bound by all the accepted terms and conditions, and any proposed alternative terms and conditions submitted with the bid. The State reseryes the right to negotiate rejected or proposed alternative language. lf the State and bidder fail to agree on the final Terms and Conditions, the State reseryes the right to reject the bid. The State is soliciting bids in response to the solicitation. The State reseryes the right to reject bids that attempt to substitute the Bidder's commercial contracts and/or documents for this solicitation.

The Bidder should submit with their bid any license, user agreement, service level agreement, or similar documents that the Bidder wants incorporated in the Contract. Upon notice of lntent to Award, the Bidder must submit a copy of these documents in an editable Word format. The State will not consider incorporation of any document not submitted with the Bidder's bid..

These documents shall be subject to negotiation and will be incorporated as addendums if agreed to by the Parties.

lf a conflict or ambiguity arises after the addendums have been negotiated and agreed to, the addendums shall be interpreted as follows:

1. lf only one (1 ) Party's document has a particular clause, then that clause shall control;

2. lf both Party's documents have a similar clause, but the clauses do not conflict, the clauses shall be read together;

3. lf both Party's documents have a similar clause, but the clauses conflict, the State's clause shall control.

A. GENERAL

The contract resulting from this ITB shall incorporate the following documents:

1. lnvitation to Bid and Addenda;

2. Amendments to the solicitation;

3. Questions and Answers;

4. Vendor's bid response;

5. The executed Contract and any Addenda, if applicable, and properly submitted documents; and,

6. Amendments to the Contract

These documents constitute the entirety of the contract.

Unless otherwise speciftcally stated in a future contract amendment, in case of any conflict between the incorporated documents, the documents shall govern in the following order of preference with number one (1) receiving preference over all other documents and with each lower numbered document having preference over any higher numbered document: 1 ) Amendment to the executed Contract with the most recent dated amendment having the highest priority,

2) executed Contract and any attached Addenda, 3) Amendments to solicitation and any Questions and Answers, 4) the original solicitation doanment and any Addenda, and 5) the Vendor's submitted Bid.

Any ambiguity or conflict in the contract discovered after its execution, not otheruvise addressed herein, shall be resolved in accordance with the rules of contract interpretation as established in the State.

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B. NOTIFICATION

F.

Vendor and State shall identify the contract manager who shall serve as the point of contact for the executed contract.

Either party may change its address for notification purposes by giving notice of the change and setting forth the new address and an effective date.

NOTTCE (POC)

The State reserves the right to appoint a Buyer's Representative to manage [or assist the Buyer in managing] the contract on behalf of the State. The Buyer's Representative will be appointed in writing, and the appointment document will specify the extent of the Buyer's Representative authority and responsibilities. lf a Buyer's Representative is appointed, the Vendor will be provided a copy of the appointment document and is expected to cooperate accordingly with the Buyer's Representative. The Buyer's Representative has no authority to bind the State to a contract, amendment, addendum, or other change or addition to the contract.

GOVERNING LAW (Statutory) Notwithstanding any other provision of this contract, or any amendment or addendum(s) entered into contemporaneously or at a later time, the parties understand and agree that, (1) the State of Nebraska is a sovereign state and its authority to contract is therefore subject to limitation by the State's Constitution, statutes, common law, and regulation; (2) this contract will be interpreted and enforced under the laws of the State of Nebraska; (3) any action to enforce the provisions of this contract must be brought in the State of Nebraska per state law; (4) the person signing this contract on behalf of the State of Nebraska does not have the authority to waive the State's sovereign immunity, statutes, common law, or regulations; (5) the indemnity, limitation of liability, remedy, and other similar provisions of the final contract, if any, are entered into subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity; and, (6) all terms and conditions of the final contract, including but not limited to the clauses concerning third-party use, licenses, warranties, limitations of liability, governing law and venue, usage verification, indemnity, liability, remedy or other slmilar provisions of the final contract are entered into specifically subject to the State's Constitution, statutes, common law, regulations, and sovereign immunity.

The Parties must comply with all applicable local, state, and federal laws, ordinances, rules, orders, and regulations.

BEGINNING OF WORK

The Vendor shall not commence any billable work until a valid contract has been fully executed by the State and the successful Vendor. The Vendor will be notified in writing when work may begin.

AMENDMENT

This Contract may be amended in writing, within scope, upon the agreement of both parties.

CHANGE ORDERS OR SUBSTITUTIONS

The State and the Vendor, upon the written agreement, may make changes to the contract within the general scope of the solicitation. Changes may involve specifications, the quantity of work, or such other items as the State may find necessary or desirable. Corrections of any deliverable, service, or work required pursuant to the contract shall not be deemed a change. The Vendor may not claim forfeiture of the contract by reasons of such changes.

The Vendor shall prepare a written description of the work required due to the change and an itemized cost sheet for the change. Changes in work and the amount of compensation to be paid to the Vendor shall be determined in

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accordance with applicable unit prices if any, a pro-rated value, or through negotiations. The State shall not incur a price increase for changes that should have been included in the Vendor's bid , were foreseeable, or result from difficulties with or failure of the Vendor's bid or performance.

No change shall be implemented by the Vendor until approved by the State, and the Contract is amended to reflect the change and associated costs, if any. lf there is a dispute regarding the cost, but both parties agree that immediate implementation is necessary, the change may be implemented, and cost negotiations may continue with both Parties retaining all remedies under the contract and law.

ln the event any product is discontinued or replaced upon mutual consent during the contract period or prior to delivery, the State reserves the right to amend the contract or purchase order to include the alternate product at the same price.

"**Vendor will not substitute any item that has been awarded without prior written approval of SPB"*" vENDOR PERFORMANCE REPORT(S)

The State may document any instance(s) of products or services delivered or performed which exceed or fail to meet the terms of the purchase order, contract, and/or solicitation specifications. The State Purchasing Bureau may contact the Vendor regarding any such report. Vendor performance report(s) will become a part of the permanent record of the Vendor.

NOTICE OF POTENTIAL VENDOR BREACH

lf Vendor breaches the contract or anticipates breaching the contract, the Vendor shall immediately give written notice to the State. The notice shall explain the breach or potential breach, a proposed cure, and may include a request for a waiver of the breach if so desired. The State may, in its discretion, temporarily or permanently walve the breach.

By granting a waiver, the State does not forfeit any rights or remedies to which the State is entitled by law or equity, or pursuant to the provisions of the contract. Failure to give immediate notice, however, may be grounds for denial of any request for a waiver of a breach.

BREACH

Either Party may terminate the contract, in whole or in part, if the other Party breaches its duty to perform its obligations under the contract in a timely and proper manner. Termination requires written notice of default and a thirty (30) calendar day (or longer at the non-breaching Party's discretion considering the gravity and nature of the default) cure period. Said notice shall be delivered by Ce(ified Mail, Return Receipt Requested, or in person with proof of delivery. Allowing time to cure a failure or breach of contract does not waive the right to immediately terminate the contract for the same or different contract breach which may occur at a different time.

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ln case of breach by the Vendor, the State may, without unreasonable delay, make a good faith effort to make a reasonable purchase or contract to purchased goods in substitution of those due from the vendor. The State may recover from the Vendor as damages the difference between the costs of covering the breach. Notwithstanding any clause to the contrary, the State may also recover the contract price together with any incidental or consequential damages defined in UCC Section 2-715,bu|less expenses saved in consequence of Vendor's breach. OR ln case of default of the Vendor, the State may contract the service from other sources and hold the Vendor responsible for any excess cost occasioned thereby.

The State's failure to make payment shall not be a breach, and the Vendor shall retain all available statutory remedies.

(See lndemnity - Self-lnsurance and Payment)

NON-WAIVER OF BREACH

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The acceptance of late performance with or without objection or reservation by a the Party nor constitute a waiver of the requirement of timely performance of performed.

SEVERABILITY

Party shall not waive any rights of any obligations remaining to be

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lf any term or condition of the contract is declared by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining terms and conditions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the provision held to be invalid or illegal.

INDEMNIFICATION

GENERAL

The Vendor agrees to defend, indemnify, and hold harmless the State and its employees, volunteers, agents, and its elected and appointed officials ("the indemnified parties") from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses ("the claims"), sustained or asserted against tlie State for personal injury, death, or property loss or damage, arising out of, resulting from, or attributable to the willful misconduct, negligence, error, or omission of the Vendor, lts employees, Subcontractors, consultants, representatives, and agents, resulting from this contract, except to the extent such Vendor liability is attenuated by any action of the State which directly and proximately contributed to the claims.

SELF-INSURANCE (Statutory) The State is self-insured for any loss and purchases excess insurance coverage pursuant to Neb. Rev.

Stat. S 81-8,239.01 (Reissue 2008). lf there is a presumed loss under the provisions of this contract, 't.

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Vendor may file a claim with the Offlce of Risk Management pursuant to Neb. Rev. Stat. S$ 81-8,829 through 81-8,306 for review by the State Claims Board. The State retains all rights and immunities under the State Miscellaneous (Section 81-8,294), Tort (Section 81-8,209), and Contract Claim Acts (Sectlon 81- 8,302), as outlined in Neb. Rev. Stat. S 81-8,209 et seq. and under any other provisions of law and accepts liability under this contract to the extent provided by law.

ATTORNEY'S FEES

ln the event of any litigation, appeal, or other legal action to enforce any provision of the contract, the Parties agree to pay all expenses of such action, as permitted by law and if ordered by the court, including attorney's fees and costs, if the other party prevails.

ASSIGNMENT, SALE, OR MERGER

Either party may assign the contract upon mutual written agreement of the other party. Such agreement shall not be unreasonably withheld.

The Vendor retains the right to enter into a sale, merger, acquisition, internal reorganization, or similar transaction involving Vendor's business. Vendor agrees to cooperate with the State in executing amendments to the contract to allow for the transaction. lf a third pa(y or entity is involved in the transaction, the Vendor will remain responsible for performance of the contract until such time as the person or entity involved in the transaction agrees in writing to be contractually bound by this contract and perform all obligations of the contract.

CONTRACTING WITH OTHER POLITICAL SUB-DIVISIONS OF THE STATE OR ANOTHER STATE

The Vendor may, but shall not be required to, allow agencies, as defined in Neb. Rev. Stat. S 81-145, to use this contract. The terms and conditions, including price, of the contract may not be amended. The State shall not be contractually obligated or liable for any contract entered into pursuant to this clause.

The Vendor may, but shall not be required to, allow other states, agencies or divisions of other states, or political subdivisionsofotherstatestousethiscontract. Thetermsandconditibns,includingprice,ofthiscontractshall apply to any such contract, but may be amended upon mutual consent of the Parties. The State of Nebraska shall not be contractually or othenruise obligated or liable under any contract entered into pursuant to this clause. The State shall be notified if a contract is executed based upon this contract.

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o. FORCE MAJEURE

Neither party shall be liable for any costs or damages, or for default resultlng from its inability to perform any of its obligations under the contract due to a natural or man-made event outside the control and not the fault of the affected party ("Force Majeure Event"). The Party so affected shall immediately make a written request for relief to the other party and shall have the burden of proof to justify the request. The other Party may granted the relief requested, relief may not be unreasonably withheld. Labor disputes with the impacted party's own employees will not be considered a Force Majeure Event.

CONFIDENTIALITY

All materials and information provided by the Parties or acquired by a Party on behalf of the other Party shall be regarded as confidential information. All materials and information provided or acquired shall be handled in accordance with federal and state law, and ethical standards. Should said confidentiality be breached by a Party, the Party shall notify the other Party immediately of said breach and take immediate corrective action.

It is incumbent upon the Parties to inform their offlcers and employees of the penalties for improper dlsclosure imposedbythePrivacyActof 1974,5U.S.C.552a. Specifically,5U.S.C.552a(i)(1),whichismadeapplicableby5 U.S.C. 552a (mXl), provides that any officer or employee, who by virtue of his/her employment or official position has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established thereunder, and who knowing that disclosure of the specific material is prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

EARLY TERMINATION

The contract may be terminated as follows:

1. The State and the Vendor, by mutual written agreement, may terminate the contract at any time.

2. The State, at its sole dlscretion, may terminate the contract fdr any reason upon thirty (30) calendar day's written notice to the Vendor. Such termination shall not relieve the Vendor of warranty or other service obligations incurred under the terms of the contract. ln the event of termination, the Vendor shall be entitled to payment, determined on a pro rata basis, for products or services satisfactorily performed or provided.

3. The State may terminate the contract immediately for the following reasons:

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a. if directed to do so by statute;

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b. Vendor has made an assignment for the benefit of creditors, has admitted in writing its inability to pay debts as they mafure, or has ceased operating in the normal course of business;

c. a trustee or receiver of the Vendor or of any substantial part of the Vendor's assets has been appointed by a court;

d. fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the contract by its Vendor, its employees, officers, directors, or shareholders;

e. an involuntary proceeding has been commenced by any party against the Vendor under any one of the chapters of Title 11 of the United States Code and (i) the proceeding has been pending for at least sixty (60) calendar days; or (ii) the Vendor has consented, either expressly or by operation of law, to the entry of an order for relief; or (iii) the Vendor has been decreed or adjudged a debtor;

f. a voluntary petition has been filed by the Vendor under any of the chapters of Title 11 of the United States Code;

S. Vendorintentionallydisclosesconfidentialinformation;

h. Vendor has or announces it will discontinue support of the deliverable, and,

i. ln the event tunding is no longer available.

T. CONTRACTCLOSEOUT

Upon termination of the contract for any reason the Vendor shall within thirty (30) days, unless stated otherwise herein:

1. Transfer all completed or partially completed deliverables to the State;

2. Transfer ownership and title to all completed or partially completed deliverables to the State;

3. Return to the State all information and data unless the Vendor is permitted to keep the information or data by contract or rule of law. Vendor may retain one copy of any information or data as required to comply with applicable work product documentation standards or as are automatically retained in the course of Vendor's routine back up procedures;

4. Cooperate wlth any successor vendor, person or entity in the assumption of any or all of the obligations of this contract;

5. Cooperate with any successor vendor, person or entity with the transfer of information or data related to this contract;

6. Return or vacate any state owned real or personal property; and,

7. Return all data in a mutually acceptable format and manner.

Nothing in this Section should be construed to require the Vendor to surrender intellectual property, real or person property, or information or data owned by the Vendor for which the State has no legal claim.

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VENDOR DUTIES

INDEPENDENT VENDOR/ OBLIGATIONS

It is agreed that the Vendor is an independent vendor and that nothing contained herein is intended or should be construed as creating or establishing a relationship of employment, agency, or a partnership.

The Vendor is solely responsible for fulfilling the contract. The Vendor or the Vendor's representative shall be the sole point of contact regarding all contractual matters.

The Vendor shall secure, at its own expense, all personnel required to perform the services under the contract. The personnel the Vendor uses to fulfill the contract shall have no contractual or other legal relationship with the State;

they shall not be considered employees of the State and shall not be entitled to any compensation, rights, or benefits from the State, including but not limited to, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement beneflts.

By-name personnel commitments made ln the Vendor's bid shall not be changed without the prior written approval of the State. Replacement of these personnel, if approved by the State, shall be with personnel of equal or greater ability and qualiflcations.

The Vendor warrants that all persons assigned to the project shall be employees of the Vendor or a Subcontractor and shall be fully qualified to perform the work required herein. Personnel employed by the Vendor or a subcontractor to fulfill the terms of the contract shall remain under the sole direction and control of the Vendor or the subcontractor respectively.

With respect to its employees, the Vendor agrees to be solely responsible for the following:

Any and all pay, benefits, and employment taxes and/or other payroll withholding;

Any and all vehicles used by the Vendor's employees, including all insurance required by state law;

Damages incurred by Vendor's employees within the scope of their duties under the contract;

Maintaining Workers' Compensation and health insurance that complies with state and federal law and submitting any reports on such insurance to the extent required by governing law;

Determining the hours to be worked and the duties to be performed by the Vendor's employees; and, All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination alleged agalnst the Vendor, its officers, agents, or subcontractors or subcontractods employees).

lf the Vendor intends to utilize any subcontractor, the Subcontractor's level of effort, tasks, and time allocation must be clearly defined in the Vendois bid. The Vendor shall agree that it will not utilize any Subcontractors not specifically included in its bid in the performance of the contract without the prior written authorization of the State.

The State reserves the right to require the Vendor to reassign or remove from the project any Vendor or Subcontractor

Vendor shall insure that the terms and conditions contained in any contract with a sub-contractor does not conflict with the terms and conditions of this contract.

The Vendor shall include a similar provision, for the protection of tne*State, in the contract with any Subcontractor engaged to perform work on this contract.

EMPLOYEE WORK ELIGIBILITY STATUS

The Vendor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of employees physically performing work within the State. A federal immigration verification system means the electronic verification of the work authorization program authorized by the lllegal lmmigration Reform and lmmigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Veriff Program, or an equivalent federal

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program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of an employee.

lf the Vendor is an individual or sole proprietorship, the following applies:

1. The Vendor must complete the United States Citizenship Attestation Form, available on the DAS website at http://das. nebraska.qov/materiel/purchasing.html

The completed United States Attestation Form should be submitted with the solicitation response.

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

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

COMPLIANCE WTH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT /

NONDISCRIMINATION (Statutory) The Vendor shall comply with all applicable local, state, and federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits Vendors of the State, and their Subcontractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditlons, compensatlon, or privileges of employment because of race, color, religion, sex, disability, marital status, or national origin (Neb. Rev. Stat. SS 48-1 '101 through 48-1125). The Vendor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The Vendor shall insert a similar provision in all Subcontracts for goods or services to be covered by any contract resulting from this solicitation.

COOPERATION WITH OTHER VENDORS

Vendor may be required to work with or in close proximity to other vendors or individuals that may be working on the same or different prolects. The Vendor shall agree to cooperate with such other vendors or individuals and shall not commit or permit any act which may interfere with the performance of work by any other vendor or individual. Vendor is not required to compromise Vendor's intellectual property or proprietary information unless expressly required to do so by this contract.

DISCOUNTS

Prices quoted shall be inclusive of ALL trade discounts. Cash discount terms of less than thirty (30) days will not be considered as part of the bid. Cash discount periods will be computed from the date of receipt of a properly executed claim voucher or the date of completion of delivery of all items in a satisfactory condition, whichever is later.

PRICES

Prices quoted shall be unlt price (per ton) and shall be firm one-hundred eighty (180) days from date of an award and are to be net; including transportation and delivery charges fully prepaid by the vendor, F.O.B. destination named in the lTB. No additional charges will be allowed for packing, handling, fuel surcharge, packaging, or partial delivery costs. When an arithmetic error has been made in the extended totalJhe unit price will govern.

Any request for an increase must be submitted in writing to the State Purchasing Bureau a minimum of Thirty (30) days prior to proposed effective date of increase and must show cause and be accompanied by supporting documentation (such as notification letter from manufacturer). Further documentation may be required by the State, to authenticate the increase (such as manufacturer invoices). Failure to supply any requested supporting documentation may be grounds to cancel the contract.

The State further reseryes the right to reject any proposed price increase(s), cancel the contract and re-bid if determined to be in the best interest of the State. The State will be given full proportionate benefit of any decrease

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for the term of the contract. Contract supplier or suppliers may honor pricing and extend the contract to political sub-divisions, cities, and counties. Terms and conditions of the contract must be met by political sub-divisions, cities, and counties.

COST CLARIFICATION

The State reserves the right to review all aspects of cost for reasonableness and to request clarification of any bid where the cost component shows significant and unsupported deviation from industry standards or in areas where detailed pricing is required.

PERMITS, REGULATIONS, LAWS

The contract price shall include the cost of all royalties, licenses, permits, and approvals, whether arising from patents, trademarks, copyrights or otherwise, that are in any way involved in the contract. The Vendor shall obtain and pay for all royalties, licenses, and permits, and approvals necessary for the performance of the contract. The Vendor must guarantee that it has the full legal right to the materials, supplies, equipment, software, and other items used to execute this contract.

NOTICE OF POTENTIAL VENDOR BREACH

lf Vendor breaches the contract or anticipates breaching the contract the Vendor shall immediately give written notice to the State. The notice shall explain the breach or potential breach and may include a request for a waiver of the breach if so desired. The State may, at its discretion, temporarily or permanently waive the breach. By granting a temporary waiver, the State does not forfeit any rights or remedies to which the State is entitled by law or equity, or pursuant to the provisions of the contract. Failure to give immediate notice, however, may be grounds for denial of any request for a waiver of a breach.

ANTITRUST

The Vendor hereby assigns to the State any and all claims for overcharges as to goods and/or services provided in connection with this contract resulting from antitrust violations which arise under antitrust laws of the United States and the antitrust laws of the State.

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K. CONFLICT OF INTEREST

By submitting a bid, bidder certifies that no relationship exists between the bidder and any person or entity which either is, or gives the appearance of, a conflict of interest related to this lTB.

Bidder further certifies that bidder will not employ any individual known by bidder to have a conflict of interest nor shall bidder take any action or acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its contractual obligations hereunder or which creates an actual or appearance of conflict of interest.

lf there is an actual or perceived conflict of interest, bidder shall provide with its bid a full disclosure of the facts describing such actual or perceived conflict of interest and a proposed mitigation plan for consideration. The State will then consider such disclosure and proposed mitigation plan and either approve or reject as part of the overall bid evaluation.

STATE PROPERTY

The Vendor shall be responsible for the proper care and custody of any State-owned property which is furnished for the Vendor's use during the performance of the contract. The Vendor shall reimburse the State for any loss or damage of such property; normal wear and tear is expected.

SITE RULES AND REGULATIONS

The Vendor shall use its best efforts to ensure that its employees, agents, and Subcontractors comply with site rules and regulations while on State premises. lf the Vendor must perform on-site work outside of the daily operational hours set forth by the State, it must make arrangements with the State to ensure access to the facility and the equipment has been arranged. No additional payment will be made by the State on the basis of lack of access, unless the State fails to provide access as agreed to in writing between the State and the Vendor.

ADVERTISING

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The Vendor agrees not to refer to the contract award in advertising in such a manner as to state or imply that the company or its goods and services are endorsed or preferred by the State. Any publicity releases pertaining to the project shall not be issued without prior written approval from the State.

N EBRASKA TECH NOLOGY ACC ESS STAN DARDS (Statutory ) Vendor shall review the Nebraska Technology Access Standards, found at http://nitc.nebraska.qov/standardsi2- 201.html and ensure that products and/or goods provided under the contract are in compliance or will comply with the applicable standards to the greatest degree possible. ln the event such standards change during the Vendor's performance, the State may create an amendment to the contract to request the contract comply with the changed standard at a cost mutually acceptable to the parties.

DISASTER RECOVERY/BACK UP PLAN

The Vendor shall have a disaster recovery and back-up plan, of which a copy should be provided upon request to the State, which includes, but is not limited to equipment, personnel, facilities, and transportation, in order to continue delivery of goods and services as specified under the specifications in the contract in the event of a disaster.

DRUG POLICY

Vendor certifies it maintains a drug ftee workplace environment to ensure worker safety and workplace integrity.

Vendor agrees to provide a copy of its drug free workplace policy at any time upon request by the State.

WARRANTY

Despite any clause to the contrary, the Vendor represents and warrants that its services hereunder shall be performed by competent personnel and shall be of professional quality consistent with generally accepted industry standards for the performance of such services and shall comply in all respects with the requirements of this Contract. For any breach of this warranty, the Vendor shall, for a period of ninety (90) days from performance of the service, perform the services again, at no cost to Customer, or if Vendor is unable to perform the services as warranted, Vendor shall reimburse Customer the fees paid to Vendor for the unsatisfactory services. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys' fees, and costs.

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PAYMENT

PROH I BITION AGAI NST ADVANCE PAYM ENT (Statutory) Neb. Rev. Stat. $$81-2403 states, "[n]o goods or services shall be deemed to be received by an agency until all such goods or services are completely delivered and finally accepted by the agency."

TAXES (Statutory) The State is not required to pay taxes and assumes no such liability as a result of this solicitation. The Vendor may request a copy of the Nebraska Department of Revenue, Nebraska Resale or Exempt Sale Certificate for Sales Tax Exemption, Form 13 for their records. Any property tax payable on the Vendor's equipment which may be installed in a state-owned facility is the responsibility of the Vendor.

INVOICES

lnvoices for payments must be submitted by the Vendor to the agency requesting the services with sufficient detail to suppo( payment lnvoices must reference the purchase order number issued to the vendor. Vendors should send all invoices and supporting documentation to the NDOT Location that placed the Purchase Order.

The terms and conditions included in the Vendor's invoice shall be deemed to be solely for the convenience of the parties. No terms or conditions of any such invoice shall be binding upon the State, and no action by the State, including without limitation the payment of any such invoice in whole or in part, shall be construed as binding or estopping the State wiih respect to any such term or condition, unless the invoice term or condition has been previously agreed to by the State as an amendment to the contract.

PAYMENT (Statutory) Payment will be made by the responsible agency in compliance with the State of Nebraska Prompt Payment Act (See Neb. Rev. Stat. $81-2403). The State may require the Vendor to accept payment by electronic means such as ACH deposit. ln no event shall the State be responsible or liable to pay for any goods and services provided by the Vendor prior to the Effective Date of the contract, and the Vendor hereby waives any claim or cause of action for any such services.

LATE PAYMENT (Statutory) The Vendor may charge the responsible agency interest for late payment in compliance with the State of Nebraska Prompt Payment Act (See Neb. Rev. Stat. $$ 81-2401 through 81-2408).

SUBJEGT TO FUNDING / FUNDING OUT CLAUSE FOR LOSS OF APPROPRIATIONS (Statutory) The State's obligation to pay amounts due on the Contract for a fiscal years following the current fiscal year is contingent upon legislative appropriation of funds. Should said funds not be appropriated, the State may terminate the contract with respect to those payments for the fiscal year(s) for which such funds are not appropriated. The State will give the Vendor written notice thirty (30) calendar days prior to the effective date of termination. All obligations of the State to make payments after the termination date will cease. The Vendor shall be entitled to receive just and equitable compensation for any authorized work which has been satisfactorily completed as of the termination date. ln no event shall the Vendor be paid for a loss of anticipated profit.

RIGHT TO AUDIT (First Paragraph is Statutory) The State shall have the right to audit the Vendor's performance of this contract upon a thirty (30) day written notice.

Vendor shall utilize generally accepted accounting principles, and shall maintain the accounting records, and other records and information relevant io the contract (lnformation) to enable the State to audit the contract. (Neb. Rev.

Stat. $ 84-304 et seq.) The State may audit and the Vendor shall maintain the information during the term of the contract and for a period of five (5) years after the completion of this contract or until all issues or litigation are resolved, whichever is later. The Vendor shall make the lnformation available to the State at Vendor's place of business or a location acceptable to both Parties during normal business hours. lf this is not practical or the Vendor so elects, the Vendor may provide electronic or paper copies of the lnformation. The State reserves the right to examine, make copies of, and take notes on any lnformation relevant to this contract, regardless of the form or the lnformation, how it is stored, or who possesses the lnformation. ln no circumstances will vendor be required to create or maintain documents not kept in the ordlnary course of vendor's business operations, nor will vendor be required to disclose any information, including but not limited to product cost data, which is confidential or proprietary to vendor.

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The Parties shall pay their own costs of the audit unless the audit finds a previously undisclosed overpayment by the State. lf a previously undisclosed overpayment exceeds one-half of one percent (.5) of the total contract billings, or if fraud, material misrepresentations, or non-performance is discovered on the part of the Vendor, the Vendor shall reimburse the State for the total costs of the audit. Overpayments and audit costs owed to the State shall be paid within ninety (90) days of written notice of the claim. The Vendor agrees to correct any material weaknesses or condition found as a result of the audit.

V. SCOPE OF WORK

SCOPE

It is the intent of this bid invitation to establish a contract to supply Armor Coat Gravel, Deicing Gravel, Windrow Gravel, and Surfacing Gravel - per the attached specifications from date of award for a period of one (1 ) year with the option to renew for an additional two (2) three (3) month periods when mutually agreeable to the Vendor and the State. The State reserves the right to extend the period of this contract beyond the end date when mutually agreeable to the Vendor and the State.

It is the intent of this ITB to issue a contract for the item(s) requested.

Complete specifications, manufacturer's current descriptive literature and/or advertising data sheets with cuts or photographs must be included with the bid for the IDENTICAL items bid. Any information necessary to show compliance with these specifications not given on the manufacturer's descriptive literature and/or advertising data sheets must be supplied in writing on or attached to the bid document. lf manufacturer's information necessary to show compliance with these specifications is not attached to the bid document, the Vendor may be required to submit requested information within three (3) business days of a written request. Failure to submit requested descriptive literature or advertising data sheets may be grounds to reject the bid.

AMENDMENT

This contract may be amended at any time in writing upon the agreement of both parties.

REVISIONS

ln the event any product is discontinued or replaced with a newer version during the period, the State of Nebraska reserves the right to amend this contract to include the new product

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TECHNICAL SPECI FICATIONS

VENDOR INSTRUCTIONS

Vendor must respond to each of the following statements. Specifications listed are minimum conditions that must be met in order for a Vendor to qualiff for the award.

"YES" response means the Vendor guarantees they can meet this condition.

"NO" response means the Vendor cannot meet this condition and will not be considered.

"NO & PROVIDE ALTERNATIVE" responses should be used only with a narrative response in the NOTES/COMMENTS section explaining in detail any deviation from the Vendo/s ability to meet the condition, and an explanation of how this would be determined to be an acceptable alternative to meeting the condition. Alternatives must be detailed in such a way that allows such deviations to be fully evaluated. The State shall determine at its sole discretion whether or not the Vendor's alternative is an acceptable alternative.

NON-COMPLIANCE STATEMENTB.

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1. Read these specifications carefully. Any and all exceptions to these specifications must be written on or attached to solicitation response.

Any noncompliance may vold your bid. Non-compliance to any single specification can vold your bid.

r 2. It is the…