92232 X3 154981985.pdf

April 2019 updated

Construction Proposal and Agreement Business Unit 6512C294

(for Projects from $50,000-$795,000) Object Code 526101

CONTRACT

Staff Training Academy Chiller Replacement Project

1. Definitions

(a) “Approved”, “Approval”, or “As Selected” means approval or selected by the Consultant and/or Project Manager.

(b) “Architect/Engineer” is the Architect or Engineer for DAS/State Building Division. He or she may act personally or by and through such assistants as may be duly authorized to act for the Architect or Engineer; however, in this Contract where the term Architect or Engineer is used, it shall be understood as referring to the Architect or Engineer appointed by the Owner and not to an assistant.

(c) “Consultant” is the consulting architect or engineer that the Owner may have employed to perform professional services required for the planning and construction of the Project.

(d) The "Contractor" is named as such in the Contract.

(e) "DAS/SBD" is the Department of Administrative Services, State Building Division of the State of Nebraska, sometimes referred to as Owner or Department.

(f) “Plans” or “Drawings” are used synonymously in this Contract.

(g) “Project Manager” is the State’s designated representative and Contractor’s primary point of contact.

(h) ”Subcontractor” includes any person, firm, partnership or corporation having a direct contract with Contractor to supply labor, materials or both for Work of the Contractor, but does not include those who merely furnish materials not fabricated to a special design according to the Plans and specifications of this Work.

(i) “Surety” includes any person, firm, partnership or corporation that has executed, as Surety, the Contractor’s performance bond securing the performance of the Contract.

(j) “Work” or “Work of the Contractor” includes labor or materials or both, equipment, transportation, and other facilities necessary to complete the Contract.

CONTRACT PERFORMANCE

2. Work of this Contract Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others.

3. Location The Work shall be undertaken at:

Staff Training Academy, 2320 N. 57th, Lincoln, NE 68507

4. DAS/SBD Project Manager DAS/SBD shall assign a Project Manager to manage this project who shall have the authority to represent the State.

The Project Manager will be the primary point of contact for the Consultant, Contractor, and/or Superintendent.

5. Consultant Services Consultant Services for DAS/SBD will be provided by Alvine Engineering, 1220 Lincoln Mall, Suite 200, Lincoln, NE 68508

The Consultant has prepared the plans and specifications and shall make written interpretations of them. Consultant shall approve all samples of material which are specified to be submitted for approval, approve the use of any equipment offered in lieu of that mentioned in the specifications and shall check and approve all shop drawings and details. Consultant shall make periodic inspections of the project work and shall decide the quality of the work and material incorporated therein. Consultant shall decide all questions which may arise as to the fulfillment of the Contract by the Contractor. Decisions by the Consultant with regard to plans and specifications, work and materials, and contract questions, shall be made after consultation with the Owner.

6. Contractor’s Superintendent during the course of the work on the site, the Contractor shall employ a competent superintendent and any necessary assistants, all satisfactory to the Consultant. The Superintendent shall not be changed except with the consent of the Consultant, unless the Superintendent proves to be unsatisfactory to the Contractor and ceased to be in his employ. The Superintendent shall represent the Contractor in his absence and all directions given by him shall be as binding as if given by the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be confirmed in writing upon written request.

7. Notice.

Communications regarding the executed contract shall be in writing and shall be deemed to have been given if delivered personally or mailed, by U.S. Mail, postage prepaid, return receipt requested, to the parties at their respective addresses set forth below, or at such other addresses as may be specified in writing by either of the parties. All notices, requests, or communications shall be deemed effective upon personal delivery or ten (10) calendar days following deposit in the mail.

Tim Stangl Brent Beckman Project Manager Contract Manager Christopherson Mechanical DAS/SBD 12146 Roberts Rd. 1526 K Street, Suite 160 LaVista, Nebraska 68128 Lincoln, Nebraska 88508

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

8. Contract Documents The Contract may consists of some or all of the following documents: 1) the Request for Proposal; 2) the Contractor’s

Proposal but only to the extent it does not conflict with the State’s documents; 3) Contract; 4) Plans; 5) Drawings; 6) Specifications; 7) Amendments; 8) Addenda; 9) Change Orders ; 10) Bid, Payment and Performance Bonds; and, 11) Certificate of Insurance. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations, or agreements, either written or oral. In the event of conflicts the documents shall control in the following order of precedence:

(1) Contract with latest, Addenda, Amendments, or Change Orders

(2) Request for Proposal with latest Amendments

(3) Plans, Drawings, and Specifications

(4) Contractor’s Proposal

9. Shop Drawings All work on which shop drawings are required must be in strict accordance with such drawings. No work for which shop drawings are required will be started until after the shop drawings are approved. Each shop drawing shall be submitted to the Consultant in the quantity specified by the Consultant. Three sets of all approved submittals shall be supplied to the Owner.

All shop drawings must be checked and completed in every respect, numbered consecutively, have the name of the project printed thereon, and each lot must be submitted accompanied by a letter of transmission referring to the number of drawings and the name of project for identification and especially drawing the Consultant's attention to any modification of plans and specifications that may have been made.

The Contractor shall make any corrections required by the Consultant and resubmit corrected sets to the Consultant for approval in the same quantity as the initial submittal.

10. Plans and Specifications – Correlation The work shall be executed in strict conformity with the plans, drawings, and specifications. Plans, drawings, and specifications are cooperative and supplementary. Portions of the work which can best be illustrated by the plans and drawings may not be included in the specifications. Portions of the work best described by the specifications may not be depicted on the plans or drawings. All items necessary to construct or erect a complete improvement, project, building or structure shall be furnished whether called for in the specifications or shown on the plans and drawings. Special conditions shall take priority over General Conditions. Detailed Specifications shall take priority over General Specifications and large scale drawings shall take priority over small scale drawings. In case of disagreement between the plans, drawings and specifications, or within any document itself, the better quality or quantity of work shall be estimated and the matter drawn to the attention of the Consultant for decision.

The State shall provide Contract a written Notice to Proceed with construction.

11. Construction Schedule The Contractor shall submit a detailed complete construction project schedule to the Consultant for review and approval within two (2) weeks of receipt of the signed Contract. The schedule shall include proposed construction start and completion dates, as well as all major construction project milestones. Schedule shall include all project work including Subcontractor work.

12. Preconstruction Conference A preconstruction conference shall be scheduled before starting construction, no later than two weeks after the date of receipt of the signed Contract. It shall be held at the project site, or other convenient location. The meeting shall review responsibilities and personnel assignments of the Owner, Contractor, and the Consultant.

Authorized representatives of the Owner, Contractor, and the Consultant shall attend the preconstruction conference, as will the Contractor’s superintendent, major subcontractors, manufacturers, suppliers, and other parties integral to the completion of the Work. All participants shall be familiar with the project and authorized to make decisions for the entities they represent.

The preconstruction conference will include discussion of items necessary for project progress and successful completion, such as: construction scheduling; critical work sequencing; designation of responsible personnel; procedures for processing field decisions and change orders; procedures for processing Applications for Payment; distribution of Contract Documents; submission of Shop Drawings and product data a samples; preparation of record documents; use of the premises;

parking availability; office, work, and storage areas; equipment deliveries and priorities; safety and first aid procedures; security;

housekeeping; working hours; and other matters deemed important by the Owner.

13. Prosecution of the Work and Completion Date The Work to be performed by the Contractor under this Agreement shall officially commence with the date of this

Agreement evidenced in the “Affidavit and Execution of Contract” section of this contract. The Contract Time shall be measured from this date of commencement, and the work shall be carried on regularly and uninterruptedly thereafter, with such personnel and by such means as will insure final completion of the entire Contract on or before the completion date set in the documents.

The time of beginning, rate of progress, and time of completion are essential conditions of the Contract.

The Contractor expressly agrees that in undertaking to complete the work within the Contract period fixed in the Contract, they have taken into consideration and made allowances for all delays and hindrances incidental to such work, whether growing out of delays in securing materials or workmen, or otherwise.

Should the Contractor be delayed in the prosecution and completion of the work by a cause beyond his control, Contractor shall have no claim or right of action for damages from the Owner for any such cause or delay unless the cause or delay is the result of active interference by the Owner. The Contractor may be granted an extension of time specified for completion of the work as the Owner may award in writing on account of such delay; provided however, that claim for extension of time is made by the Contractor to the Owner, through the Consultant, in writing, within two weeks from the time when such alleged cause for delay occurred. The Owner reserves the right to withhold granting of any time extensions until the stipulated Contract period is about to expire.

An extension of the Contract period may be granted by the Owner for any of the following reasons:

(a) Additional work resulting from modification of the plan for the project.

(b) Delays caused by the Owner.

(c) Other reasons beyond the control of the Contractor which in the Owners' judgement would justify such extension.

If adverse weather conditions or other natural phenomenon are the basis for a Claim for additional time, such Claim shall be documented by the Contractor using data substantiating that weather conditions were abnormal for the period of time, based upon National Weather Service records, could not have been reasonably anticipated, and had an adverse effect on the scheduled construction.

No extension of the Contract period will be allowed for variation between contract quantities and actual quantities which cannot be predetermined and which amount to less than twenty-five percent (25%) of the contract quantities.

14. Waiver of 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 Certified 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. In case of default of the Contractor, the State may contract the service from other sources and hold the Contractor responsible for any excess cost occasioned thereby.

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

15. Progress Meetings After start of on-site construction work, progress meetings shall be scheduled at dates and times agreeable to the

Contractor, Consultants, and representatives of the facility. Meetings may be held for purposes of discussion of issues including but not limited to construction progress, resolving construction problems, schedule, security, and changes.

MATERIALS

16. Materials – Tests and Standards Samples of materials selected by the Consultant to be tested must be furnished by the Contractor. Tests will be made at no cost to the Contractor. Where not otherwise specified, all materials shall meet the A.S.T.M. Standard or tentative specifications for that material. The Contractor, when requested, shall furnish a sample of all material which shall be kept on the job as basis for comparison of material incorporated in the Work.

17. Substitute Material Specifications If the Contractor desires to substitute any material for that specified in these project documents, the Contractor shall submit specifications for such substitute material to Consultant for approval before bid opening. Such submittals shall be made in time to be received by Consultant a minimum of seven (7) working days before the bids due date to allow for examination and notification of action to prospective bidders.

18. Obsolete Equipment It is important that the DAS/SBD be protected as much as possible against the discontinuance of the model of equipment to be purchased, and that repair parts, and services of expert factory representatives, be made available if desired.

Contractor shall not utilize equipment, materials, or systems that are not currently in production, for which parts cannot be obtained, or that are no longer supported by the manufacturer.

CONTRACTOR’S OBLIGATIONS

19. Permits, Inspections, and Fees The Contractor shall be responsible for acquisition of and payment for all permits required by Authorities having jurisdiction over this project site. The Contractor shall also be responsible for scheduling and attendance of all Inspections required upon completion of the work and shall pay all fees associated with such inspections.

20. Bonds.

Contractor must submit performance and payment (labor and materials) bonds for any contract with a total cost greater than $15,000. Each bond shall be issued by a corporate surety in an amount not less than the contract price. The State of Nebraska must receive, approve, and secure the bonds prior to entering into the contract. Failure to provide the bonds within 10 days of the notice of award of the contract is grounds to withdraw the award and award the contract to another bidder.

21. Contractor’s Insurance The Contractor shall maintain insurance as specified herein throughout the term of the contract and shall provide the State the most current Certificate of Insurance/Accord Form (COI) verifying the coverage. The Contractor shall not commence work on the contract until the insurance is in place and the State has reviewed and approved the COI. If Contractor subcontracts any portion of the Contract, the Contractor must, throughout the term of the contract, either:

(a) Provide equivalent insurance for each subcontractor and provide a COI verifying coverage of the subcontractor;

(b) Require each subcontractor to have equivalent insurance and provide written notice to the State that the Contractor has verified that each subcontractor has the required coverage; or,

(c) Provide the State with copies of each subcontractor’s Certificate of Insurance evidencing the required coverage.

The Contractor shall not allow any Subcontractor to commence work until the Subcontractor has equivalent insurance coverage. Approval of the insurance by the State shall not limit, relieve, or decrease the liability of the Contractor hereunder.

If by the terms of any insurance a mandatory deductible is required, or if the Contractor elects to increase the mandatory deductible amount, the Contractor shall be responsible for payment of the deductible in the event of a paid claim.

Notwithstanding any other clause in this Contract, the State may recover up to the full amount of the limits of the insurance coverages or bonds required herein.

a. Workers’ Compensation (Statutory) The Contractor shall take out and maintain during the life of this contract the statutory Workers’ Compensation and

Employer's Liability Insurance for all of the contactors’ employees to be engaged in work on the project under this contract and, in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the Subcontractor’s employees to be engaged in such work. This policy shall be written to meet the statutory requirements for the state in which the work is to be performed, including Occupational Disease. This policy shall include a waiver of subrogation in favor of the State. The amounts of such insurance shall not be less than the limits stated hereinafter. For employees working in the State of Nebraska, the policy must be written by an entity authorized by the State of Nebraska Department of Insurance to write Workers’ Compensation and Employer’s Liability Insurance for Nebraska employees.

b. Commercial General Liability Insurance and Commercial Automobile Liability Insurance The Contractor shall take out and maintain during the life of this contract such Commercial General Liability Insurance and Commercial Automobile Liability Insurance as shall protect Contractor and any Subcontractor performing work covered by this contract from claims for damages for bodily injury, including death, as well as from claims for property damage, which may arise from operations under this contract, whether such operation be by the Contractor or by any Subcontractor or by anyone directly or indirectly employed by either of them, and the amounts of such insurance shall not be less than limits stated hereinafter.

The Commercial General Liability Insurance shall be written on an occurrence basis, and provide Premises/Operations, Products/Completed Operations, Independent Contractors, Personal Injury, and Contractual Liability coverage. The policy shall include the State, and others as required by the contract documents, as Additional Insured(s). This policy shall be primary, and any insurance or self-insurance carried by the State shall be considered secondary and non-contributory. The Commercial Automobile Liability Insurance shall be written to cover all Owned, Non-owned, and Hired vehicles.

c. Builder’s Risk Insurance The Contractor shall purchase and maintain Builder’s Risk Insurance for the entire value of the project and work site, from a company or companies lawful authorized and licensed to do business in the State of Nebraska. This insurance shall be written on an “all-risk” policy form and shall include interests of the Owner, the Contractor, and Sub-contractors in the Work, and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, vandalism, and malicious mischief. A loss insured under Contractor’s property insurance shall be adjusted with the Owner and made payable to the Owner as fiduciary for the insured, as their interests may appear.

c. Required Insurance Coverage

BUILDERS RISK

All Risk Insurance – 100% completed cost of the Job including Soft Costs

COMMERCIAL GENERAL LIABILITY

General Aggregate $2,000,000 per occurrence / $4,000,000 aggregate Products/Completed Operations Aggregate $2,000,000 Personal/Advertising Injury $1,000,000 per occurrence Bodily Injury/Property Damage $1,000,000 per occurrence Fire Damage $50,000 any one fire Medical Payments $10,000 any one person Damage to Rented Premises $300,000 each occurrence Contractual Included XCU Liability (Explosion, Collapse, and Underground Damage)

Included

Independent Contractors Included Abuse & Molestation Not Required If higher limits are required, the Umbrella/Excess Liability limits are allowed to satisfy the higher limit.

WORKER’S COMPENSATION

Employers Liability Limits $1,000,000/$1,000,000/$1,000,000 Statutory Limits- All States Statutory - State of Nebraska USL&H Endorsement Not Required Voluntary Compensation Statutory

COMMERCIAL AUTOMOBILE LIABILITY

Bodily Injury/Property Damage $1,000,000 combined single limit (Symbol 1) Include All Owned, Hired & Non-Owned Automobile liability

Included

Motor Carrier Act Endorsement Where Applicable

UMBRELLA/EXCESS LIABILITY

Over Primary Insurance $4,000,000

COMMERCIAL CRIME

Crime/Employee Dishonesty Including 3rd Party Fidelity

Not Required

CONTRACTOR’S POLLUTION LIABILITY

Each Occurrence/Aggregate Limit Not Required Includes Non-Owned Disposal Sites

SUBROGATION WAIVER

“Workers’ Compensation policy shall include a waiver of subrogation in favor of the State of Nebraska.”

LIABILITY WAIVER

“Commercial General Liability & Commercial Automobile Liability policies shall be primary and any insurance or self-insurance carried by the State shall be considered excess and non-contributory.” “State of Nebraska is an additional insured.”

CYBER LIABILITY

Not Required

If the subrogation waiver or liability waiver on the COI states that the waiver is subject to, condition upon, or otherwise limit by the insurance policy a copy of the relevant sections of the policy must be submitted with the COI so the State can review the limitations imposed by the insurance policy.

d. Evidence of Coverage The Contractor should furnish the State, with their proposal, a certificate of insurance coverage complying with the above requirements to the attention of the Contract Manager.

State Buildings Division 1526 K Street, Suite 160 Lincoln, NE 68508

These certificates or the cover sheet shall reference the RFP number, and the certificates shall include the name of the company, policy numbers, effective dates, dates of expiration, and amounts and types of coverage afforded. If the State is damaged by the failure of the Contractor to maintain such insurance, then the Contractor shall be responsible for all reasonable costs properly attributable thereto.

Reasonable notice of cancellation of any required insurance policy must be submitted to Administrative Services State Purchasing Bureau when issued and a new coverage binder shall be submitted immediately to ensure no break in coverage.

e. Deviations The insurance requirements are subject to limited negotiation. Negotiation typically includes, but is not necessarily limited to, the correct type of coverage, necessity for Workers’ Compensation, and the type of automobile coverage carried by the Contract.

If the Contractor has claims-made coverage the Contract must provide an extended claims reporting period so that the State can file claims for 2 years after the termination of the insurance policy or the Contract, whichever is later.

22. Protection of Persons and Property The Contractor shall take all reasonable and proper precautions to protect persons and property from injury or damage resulting from his or her operation under this Contract. The requirements of the Nebraska Safety Codes adopted by the Nebraska State Department of Labor shall be applicable.

The Contractor shall protect all existing buildings, roadways, landscaping, and utilities against damage or interruption of services. It shall be the responsibility of the Contractor to correct health or safety hazards and repair property damage that results from their work. Such corrections shall be performed to restore conditions to at least the quality that existed at the time of commencement of this Work.

23. Indemnity

a. General The Contractor 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 third party 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 the 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 Contractor, its employees, Subcontractors, consultants, representatives, and agents, resulting from this contract, except to the extent such Contractor liability is attenuated by any action of the State which directly and proximately contributed to the claims.

b. Patented Products The Contractor agrees it will, at its sole cost and expense, defend, indemnify, and hold harmless the indemnified parties from and against any and all claims, to the extent such claims arise out of, result from, or are attributable to, the actual or alleged infringement or misappropriation of any patent, copyright, trade secret, trademark, or confidential information (collectively called Patented Products) of any third party by the Contractor or its employees, Subcontractors, consultants, representatives, and agents;

provided, however, the State gives the Contractor prompt notice in writing of the claim. The Contractor may not settle any infringement claim that will affect the State’s use of the Patented Product without the State’s prior written consent, which consent may be withheld for any reason.

If a judgment or settlement is obtained or reasonably anticipated against the State’s use of any Patented Product for which the Contractor has indemnified the State, the Contractor shall, at the Contractor’s sole cost and expense, promptly modify the Patented Product or Products which were determined to be infringing, acquire a license or licenses on the State’s behalf to provide the necessary rights to the State to eliminate the infringement, or provide the State with a non-infringing substitute that provides the State the same functionality. At the State’s election, the actual or anticipated judgment may be treated as a breach of warranty by the Contractor, and the State may receive the remedies provided under this RFP.

c. Personnel The Contractor shall, at its expense, indemnify and hold harmless the indemnified parties from and against any claim with respect to withholding taxes, worker’s compensation, employee benefits, or any other claim, demand, liability, damage, or loss of any nature relating to any of the personnel, including subcontractor’s and their employees, provided by the Contractor.

d. Self-insurance The State of Nebraska is self-insured for any loss and purchases excess insurance coverage pursuant to Neb. Rev. Stat.

§ 81-8,239.01 (Reissue 2008). If there is a presumed loss under the provisions of this agreement, Contractor may file a claim with the Office of Risk Management pursuant to Neb. Rev. Stat. §§ 81-8,829 – 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 (Section 81-8,302), as outlined in Neb. Rev. Stat. § 81-8,209 et seq. and under any other provisions of law and accepts liability under this agreement to the extent provided by law.

e. Not Applicable

f. Attorney General’s Authority The Parties acknowledge that Attorney General for the State of Nebraska is required by statute to represent the legal interests of the State, and that any provision of this indemnity clause is subject to the statutory authority of the Attorney General.

24. Labor All labor shall be performed in best and most workmanlike manner by individuals skilled in their respective trades. The standards of the work required throughout shall be of such quality as will produce only first class results.

Individuals whose work is unsatisfactory to the Consultant or Project Manager, or are considered to be unskilled or otherwise objectionable, shall be instantly dismissed from the work upon notice to the Contractor from the Consultant or Project Manager.

Contractors and subcontractors employed upon the work shall be required to conform to the labor laws of the State of Nebraska, and the various acts amendatory and supplementary thereto; and to all other laws, ordinances, and legal requirements applicable thereto.

25. Worker Verification The Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of 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 an employee.

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

The Contractor must complete the United States Citizenship Attestation Form, available on the Department of Administrative Services website at http://das.nebraska.gov/materiel/purchasing.html The completed United States Attestation Form should be submitted with the proposal.

If the Contractor indicates on such attestation form that Contractor 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.

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

26. Other Contracts and Contractors DAS/SBD may award contracts for additional work and the Contractor shall fully cooperate with such other contractors and carefully fit their own work to that provided under the other contracts as may be directed by the Consultant. If the Contractor commits or permits any act which interferes with the performance of work by any other contractor, this shall be grounds for termination of the contract.

27. Drug Fee Workplace Contractor certifies it maintains a drug free work place environment to ensure worker safety and workplace integrity.

Contractor agrees to provide a copy of its drug free workplace policy upon request by the State.

28. Defective Work or Material Work or material not in accordance with the Plans and Specifications, or in any way defective shall be removed at once on order of the Consultant. The Contractor shall replace or rebuild at Contractor’s own expense with satisfactory material and in a workmanlike manner any work so removed and shall reimburse DAS/SBD or any expense that it is put to by reason of extra work, and shall reimburse any other contractor who may incur expense caused by removal of the defective work.

29. Hazard Material The Contractor shall abide by all applicable laws, regulations, and rules concerning hazardous material. Contractor shall:

1. Provide for the proper storage, handling, and use of hazardous material;

2. Provide reasonable protection from injury or death to persons and damage to property due to hazardous material;

3. Halt work and provide notice to the Owner, Architect, sub-contractors, workers, and proper authorities upon discovery of the presence of hazardous waste or what appears to be hazardous material;

4. Pay the cost of laboratory testing of potential hazardous wastes for which Contractor or their sub-contractors are responsible for;

5. Contain, remediate, and remove hazardous material;

6. Responsible for any costs, fines, penalties, and judgements resulting from Contractor’s or their sub-contractors storage, handling and use of hazardous material,

7. Indemnify the State in accordance with clause 23 with regard to hazardous material.

Contractor shall not be responsible for hazardous material introduced by the State that was already present through no fault of the Contractor or their sub-contractors or for contamination caused by the State.

30. Use of Job Site The Contractor shall confine his or her equipment, apparatus, the storage of materials, and operations of his or her workers to limits indicated by law, ordinance, permits, or directions of DAS/SBD and shall not unnecessarily encumber the premises with his materials. Contractor and subcontractor shall abide by all site rules and regulations. DAS/SBD shall provide a written copy of the site rules and regulations.

The Contractor shall not load or permit any part of a structure to be loaded with a weight that will endanger its safety.

The Contractor shall enforce the Consultant's instructions regarding signs, advertisement, fires, and smoke.

The Contractor shall clean up daily and remove from the project rubbish and debris resulting from his work, and shall at completion of the Work remove all construction materials and equipment, leaving the project and site clean.

31. Sanitary Facilities Arrangements shall be made by the Contractor for provision of sanitary facilities for use by the workmen. Approval by

Owner of arrangements shall be required.

32. Utilities Water and electrical service is available for the Contractor's use at no extra cost the Contractor. The Contractor shall furnish his own connecting lines, pipes, hoses, etc.

33. Survey Stakes and Levels The Contractor, unless otherwise specified, will stake out the project work and shall furnish and maintain the batter boards, level, etc. The Contractor must carefully preserve bench marks and reference points established by the Consultant; in case of their destruction, the Contractor will replace them and be responsible for any mistakes that may be caused by their loss or disturbance.

34. Guarantee of Work Except as otherwise specified all work shall be guaranteed by the Contractor against defects resulting from the use of inferior materials, equipment or workmanship for one year from the date of final completion of the Contract.

If, within any guarantee period, repairs or changes are required in connection with the guaranteed work, as a result of the use of materials, equipment, or workmanship which are inferior, defective, or not in accordance with the Contract, the Contractor shall, promptly upon receipt of notice from the Owner, and without expense to the Owner:

(1) Place in satisfactory condition all of such guaranteed work, correct all defects therein;

(2) Make good all damages to the building or project work, or equipment or contents thereof, which, is the result of the use of materials, equipment or workmanship which are inferior, defective, or not in accordance with the terms of the Contract; and,

(3) Make good any work or materials, or the equipment and contents of said building or project work disturbed in fulfilling any such guarantee.

In any case where fulfilling the requirements of the Contract, and guarantees, the Contractor disturbs any work guaranteed under another contract, Contractor shall restore such disturbed work to a condition satisfactory to the State and guarantee such restored work to the same extent as it was guaranteed under such other contract.

If the Contractor, after notice, fails to comply with the terms of the guarantee in the time or by the date stated in the notice, the Owner may have defects corrected and the Contractor and his Surety shall be liable for all expenses incurred.

All special guarantees applicable to definite parts of the work that may be required by the Contract Documents shall be subject to the terms of this paragraph.

SUBCONTRACTS AND SUBCONTRACTORS

35. Subcontracting The Contractor shall be fully responsible to the State for the acts and omissions of his subcontractors and of persons either directly or indirectly employed by the subcontractors. The Contractor shall be responsible for assigning, coordinating, and achieving completion of all subcontracted work to satisfy all requirements of the Contract Documents. All subcontracted work shall be subject to all requirements of the Contract Documents except those legal contractual duties for which only the Contractor has exclusive responsibility. All subcontracts shall include a clause that incorporates this contract in any subcontract applicable to this project. Nothing contained in the Contract shall create any Contractual relation between any subcontractor and the State. The attention of the Contractor and subcontractors are called to the Contract Documents which are part of this Contract. The Contractor must notify Project Manager of each subcontract Contractor intends to award, providing:

(a) Name and address of subcontractor

(b) Branch of work concerned

(c) Total price of subcontract

No part of this Contract shall be sublet without prior approval of the Project Manager.

DAS/SBD RIGHTS

36. Inspection DAS/SBD, through its authorized representatives and agents, shall be permitted to inspect all work, materials and equipment regardless of location, sites, payrolls, personnel records, invoices of materials, data and records.

The Consultant and the State shall, at all times, have access to the work and the premises used by the Contractor and to all places of manufacture where materials are being made for use under this Contract, and shall have full facilities for determining that such materials are being made strictly in accordance with the plans and specifications.

37. Owner’s Right to Stop Work Owner may a written order to stop work if the Contractor fails to correct work or repeatedly fails to carry out Work in accordance with the Contract. Work shall not resume until the work is corrected or Contract gives written assurance that Contract will complete work in accordance with the Contract. The right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. The State shall not be obligated to extend the time for performance due to stoppages caused by the Contractor.

38. Owner’s Right to Complete Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, without prejudice to other remedies, correct such deficiencies. In such case an appropriate Change Order shall be issued deducting from payments due the Contractor the reasonable cost of correcting such deficiencies, including Owner’s expenses and compensation for the Architect’s additional services made necessary by such default, neglect or failure. If payments due the Contractor are not sufficient to cover such amounts, the Contractor shall pay the difference to the Owner.

39. Termination for Breach In event that any of the provisions of this Contract are violated by the Contractor or any of the subcontractors, the State may serve written notice upon the Contractor and the Surety of its intention to terminate the Contract, and unless within ten (10) days after the serving of such notice upon the Contractor such violation shall cease or satisfactory arrangements for correction be made, the Contract shall, upon the expiration of said ten (10) days cease and terminate. In the event of any such termination, DAS/SBD shall immediately serve notice thereof upon the Surety and the Contractor. The Owner may take over the work and prosecute the same to completion of Contract for the account and at the expense of the Contractor. The Contractor and the Surety shall be liable to DAS/SBD for any excess cost occasioned DAS/SBD thereby and in such event DAS/SBD may take possession of and utilize in completing the work, such materials, appliances, and plant as may be on the site of the work and necessary therefore. Neither the Owner nor their employee shall be in any way liable to the Contractor or the surety for the method by which the completion of the work, or any portion thereof, may be accomplished or for the price paid therefore.

40. Termination for Convenience.

The Owner may, at any time, terminate the Contract for the Owner’s convenience and without cause. The Owner may take over the work and prosecute the same to completion at the Owner’s discretion. Owner may take possession of and utilize such materials, appliances, and plant as may be on the site of the work and necessary for completion of the work.

41. Loss of Appropriation The State’s obligation to pay amounts due on the Contract for the current or fiscal years following the current fiscal year is contingent upon legislative appropriation of funds. Should said funds not be appropriated, or withdrawn, 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 Contractor written notice of the effective date of termination. All obligations of the State to make payments after the termination date will cease. The Contractor shall be entitled to receive just and equitable compensation for any authorized work which has been satisfactorily completed as of the termination date. In no event shall the Contractor be paid for a loss of anticipated profit.

42. Contract Close-out Upon Termination

Upon receipt of written notice of termination from the Owner, Contractor shall:

(a) Cease operations as directed by Owner in the notice; and,

(b) Except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing subcontracts and purchase orders and enter into no further subcontracts and purchase orders.

In case of termination the Contractor shall be entitled to receive payment for Work executed, and reasonable costs incurred as a direct result of such termination. However, in no case shall Contractor receive payment for any Work not executed, and Contractor shall not receive payment for overhead and profit on the Work not executed.

ASSIGNMENT

43. Assignment of Contract The Contractor shall not assign this Contract or any part hereof without the written consent of DAS/SBD, and a binding agreement by the assignee to be bound by the Contract as agreed to by the Parties. Such consent shall not unreasonably be withheld. No assignment of this Contract shall be valid unless it contains a provision that the funds to be paid to the Assignee under the Assignment are subject to a prior lien in favor of all persons, businesses, or corporations having rendered services or supplied materials in the performance of this.

44. Successors and Assignees This Contract shall inure to the benefit of and be binding upon the Parties and their respective successors and assignees.

COMPLETION OF WORK

45. Partial Completion and Occupancy The Owner and Contractor may agree upon partial completion of the work, and Owner may take early possession and occupy that portion of the work that is partially completed. The owner shall direct the completion of a punch list and a final inspection of the area that the Owner will occupy based on the partial completion. The Owner shall have responsibility for the portion of the work occupied by the Owner, and the Contractor shall be relieved of responsibility, except for the negligence of the Contractor and the Contractor’s subcontractors. Contractor’s guarantee under clause 34 shall include the portion of the work occupied early by the Owner. Time of the Guarantee shall begin upon written notice of substantial completion of the entire project or upon partial completion and occupancy of partially completed portion of the project by the Owner.

46. Substantial Completion Substantial Completion of the entire Work by the Contractor shall be made not later than 90 calendar days from the date of commencement, subject to approved changes in the Contract Time as provided in the Contract Documents.

47. Final Inspection When the work has been substantially completed, the Contractor shall notify the Consultant, in writing, that the work is ready for final inspection and testing on a definite date and time as stated in such notice. The notice shall be given at least ten

(10) days in advance of said date.

After the final inspection has been completed, the Consultant shall present to the Contractor and DAS/SBD a report (“punch list”) listing all deficiencies found in the inspection of the Contractor’s work which are to be corrected. The Contractor shall immediately make the required corrections to remove the deficiencies reported by the Consultant. When the deficiencies have been removed, the Contractor shall request in writing a re-inspection of the work by the Consultant.

48. Clean Up On or before the completion of the work, the Contractor shall clean all parts of the Work under the Contract. Contractor shall remove all rubbish and all his materials, tools, and equipment from the construction site, leaving the site in a condition as good as or better than existed at commencement of the Work.

PAYMENT

49. Contractor’s Payments for Labor and Materials The Contractor shall pay for all labor and materials used or furnished in the performance of this Contract. Before final payment, the Contractor must certify that all bills for labor and materials have been paid. In event Contractor is requested and fails to furnish satisfactory evidence, DAS/SBD may withhold any payments until it is satisfied that all such claims have been paid.

50. Taxes The State is not required to pay taxes and assumes no such liability as a result of this solicitation. Any property tax payable on the Contractor's equipment which may be installed in a state-owned facility is the responsibility of the Contractor. The State can provide the Contract with a tax exemption certificate when appropriate.

51. Contract Sum The Owner shall pay the Contractor for the performance of the Work, subject to approved additions and deductions as provided in the Contract Documents, the Contract Sum of:

Base Bid amount: Three Hundred Fifty Three Thousand Five Hundred Seventy Dollars, zero cents ($353,570.00)

Alternate Bid #M3: Add Fifty Thousand Thirty Dollars, zero cents ($50,030.00) Alternate Bid #M5: Add Twenty Five Thousand Four Hundred Thirty Five Dollars, zero cents ($25,435.00)

Total Contract Sum: Four Hundred Twenty Nine Thousand Four Hundred Thirty Five Dollars, zero cents ($429,035.00)

52. Construction Reports - Payment Estimates The Contractor shall submit to the Owner a schedule of values and quantities of materials and of other related items. The schedule(s) shall be in a form that correlates to the estimates upon which they are based, or as the Owner may require.

The Contractor shall submit to the Owner the following records on forms to be supplied by the Contractor (Notice - AIA

Document forms shall be the latest edition):

(a) AIA Document G702, Application and Certification for Payment

(b) AIA Document G703, Continuation Sheet (Schedule of Values)

53. Payment So long as the work herein contracted for is carried out in accordance with the provisions of the Contract, the Contractor may, on or before the 25th day of each month, make an appropriate estimate of the value of the work performed during the month and the materials suitably stored on the work site, and shall prepare an “Application And Certification For Payment and the Continuation Sheet” and submit them to the Consultant. After such application and certification for payment is approved by the Consultant, DAS/SBD will pay to the Contractor in State warrants and in accordance with the payment provisions in the contract, ninety percent (90%) of the amount thereof. DAS/SBD may at any time reserve and retain payment.

However, prior to final payment, the total paid to the Contractor shall not exceed ninety percent (90%) of the estimated value of the work performed and materials stored at the site.

Payments and late payments shall be made in accordance with the Nebraska Prompt Payment Act, Neb. Rev. Stat. §§ 81-2401 et seq.

Upon receipt of payment from the State, the Contractor shall pay all employees, subcontractors, material and equipment providers, and any other persons or entities to whom Contractor is indebted for the charges invoiced to and paid for by the State.

54. Extra, Additional, or Omitted Work – Payment For DAS/SBD shall have the right, at any time and without notice to the Sureties, to alter and modify the Plans and

Specifications, making specific…