96631-26-003.pdf

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FORM of AGREEMENT or

CONTRACT

THIS AGREEMENT OR CONTRACT entered into as of the 29th day of June 2026, by and between; Lockman Enterprises 21901 Highview St. Gretna, NE 68028;

hereinafter referred to as the "INDEPENDENT CONTRACTOR", and the NEBRASKA GAME AND PARKS COMMISSION, STATE OF NEBRASKA, at Lincoln, Nebraska, hereinafter referred to as the "COMMISSION".

WITNESSETH: The Commission has awarded a service contract to the Independent Contractor for services on the project entitled “Mini Lodge Expansion Phase II”. This contract is awarded subject to the provisions and conditions contained in this Agreement:

1. DEFINITIONS

The Nebraska Game & Parks Commission sometimes referred to as the "Commission" or “Owner.” The acting head of the Engineering Division of the Commission is the representative of the Commission for the purpose of this Contract. He may act personally or by and through such assistants as may be duly authorized to act for him; but whenever in these conditions the words Owner or Commission are used, it shall be understood as referring to the acting head of the Engineering Division of the Commission and not to any assistant.

The “Project Manager” and “Engineer” is the acting head of the Engineering Division of the Nebraska Game and Parks Commission, or an employee designated by the acting head of the Engineering Division to oversee the Work.

The “Independent Contractor” or “Contractor” is the individual or entity awarded the Contract for the Work by the Commission.

The words "Plans" and "Drawings" are used synonymously in this Contract. They provide a graphic representation of what is to be built, and include, but are not limited to, any graphic representations included in approved shop drawings, Change Orders, Change Directives, Field Orders, and Requests for Information.

The “Specifications” are the documents created by the Engineer that describe the material and workmanship required for the development of the Project by the Independent Contractor.

The terms “Change Order” or “Change Directives” or “Field Orders” are work that is added to or deleted from the original scope of work of the Contract, however, depending on the magnitude of the change, it may or may not alter the not to exceed sum.

The term “Project” is a planned set of interrelated tasks to be executed over a fixed period and within certain cost and other limitations as described in the Contract Documents, including but not limited to, this Contract and all plans, specifications, Change Orders, Change Directives, and Field Orders.

The term “Site” is an area of ground on which the Project is constructed.

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The term “Substantial Completion” is the stage of construction that is sufficiently complete, in accordance with the construction Contract Documents, so that the Owner may use or occupy the project or designated portion thereof for the intended purpose and determined by the Owner.

The term “Supplies” are materials used in this Project.

The term "Surety" includes any person, firm or corporation that has executed, as surety, the Independent Contractor's performance bond securing the performance of the Contract.

The term "the Work" includes labor, materials, equipment, transportation, and other facilities necessary to complete the Contract.

2. DEFINITION OF NOTICE

Wherein any of the Contract Documents there is any provision in respect to the giving of notice, such notice shall be deemed to have been given: (1) as to the Nebraska Game & Parks Commission, when written notice shall be delivered to the acting head of the Engineering Division of the Nebraska Game & Parks Commission, or shall have been placed in the United States Mail addressed to the acting head of the Engineering Division of the Nebraska Game & Parks Commission; (2) as to the Independent Contractor, when written notice shall be delivered to the chief representative of the Independent Contractor at the site of the project or by mailing such written notice in the United States Mail addressed to the Independent Contractor at the place stated as the address of his permanent place of business in the Proposal Form; and (3) as to the Surety on the performance bond, when a written notice is placed in the United States Mails, addressed to the Surety at the home office of such Surety or to its agent or agents who executed such performance bond in behalf of such surety.

3. CONSIDERATIONS

SCOPE OF WORK: The Independent Contractor was the successful bidder to finish basements of 6 mini lodges at Ponca SP. The parties under the Agreement agree that the Independent Contractor shall carry out the following generally described work in consideration of the not to exceed sum of: Two Hundred Six Thousand Six Hundred Forty-Three Dollars 42/100 ($206,643.42) to be paid the Independent Contractor by the Commission as described hereunder. The not to exceed sum is all-encompassing and the Contractor shall not receive compensation for any services or expenses, including, but not limited to, incidentals, reimbursable expenses, and subsidiary expenses, in excess of the not to exceed sum.

4. INDEPENDENT CONTRACTOR’S SERVICES

The Independent Contractor shall at its cost and under its sole responsibility furnish all labor, tools, materials, transportation, equipment and perform all work shown on the Drawings and described in the Specifications maintained in the Engineering Division of the Commission and entitled:

Mini Lodge Expansion Phase II @ Ponca SP 26-003

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This agreement, together with the component documents hereinabove mentioned, form the contract, and they are as fully a part of the contract as if attached or herein repeated in this AGREEMENT and may be referred to as the “Contract Documents.”

The Independent Contractor is responsible for compliance with all laws, ordinances, orders, and rules and regulations but not limited to, obtaining any necessary permits, licenses, and inspections.

5. CONTRACTUAL RELATIONSHIP

Nothing in this AGREEMENT shall be construed as a delegation of authority of the Commission to the Independent Contractor or its agent(s) with respect to the AGREEMENT described herein, nor shall the Independent Contractor or its agent(s) in any manner consider or represent itself to be an employee of the Commission. It is expressly understood by the Independent Contractor that it is, in all instances, an Independent Contractor who shall provide, manage, and assume all obligations whatsoever which may occur or be required by the Workmen’s Compensation laws of any state, Old Age and Survivors Insurance, Internal Revenue Acts, Income Tax of any state, and laws and regulations relating thereto, and the Independent Contractor shall save and hold harmless the Commission against any obligation relating to any such liability.

As a result of this AGREEMENT, the Independent Contractor, or staff, company, firm or any person conducting work on behalf of the Independent Contractor, shall not be in any way considered a State employee. The parties agree that nothing contained herein is intended or should be construed in any manner as creating or establishing the relationship of partners between the parties hereto. The Independent Contractor represents it has, or will secure at its own expense, all personnel required to perform the services under this AGREEMENT. The Independent Contractor's employees and other persons engaged in work or services required by the Independent Contractor under this AGREEMENT shall have no contractual relationship with the State; they shall not be considered employees of the State.

6. CHOICE OF LAW

The present contract shall be considered to have been executed at Lincoln, Lancaster County, Nebraska, and shall be subject to the laws of the State of Nebraska. Any legal proceedings against the Commission must be brought in an appropriate State of Nebraska Judicial forum.

The State Contract Claims Act is the exclusive remedy for resolving contract claims against the Commission.

7. ASSIGNMENT OF CONTRACT

The Independent Contractor shall not assign this Contract or any part hereof without the written consent of the Nebraska Game & Parks Commission. No assignment of this Contract shall be valid unless it shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for the performance of work called for in said contract in favor of all

EBCont0418 Page 4 persons, firms, or corporations rendering such services or supplying such materials.

8. PROSECUTION OF THE WORK AND COMPLETION DATE

The Independent Contractor, under this AGREEMENT, shall commence this work within 10 calendar days of the date of NOTICE TO PROCEED and shall have the work completed and the site cleared and ready for the further use of the Commission by April 30, 2027. The work embraced shall be carried on regularly and uninterruptedly thereafter, with such forces and by such means as will ensure 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 Independent Contractor expressly agrees that in undertaking to complete the work within the contract period fixed in the Contract Documents, he/she has taken into consideration and made allowances for all delays and hindrances incidental to such work, whether growing out of delays in securing materials, workmen, or otherwise.

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

The Commission, at his own discretion, may waive the above requirements and grant extensions of time for any reason it deems valid.

An extension of the contract period may be granted by the Commission for any of the following reasons:

1) Additional work resulting from modification of the Plans for the Project;

2) Delays caused by the Commission; or

3) Other reasons beyond the control of the Independent Contractor in which the Commission's judgment would justify such extension.

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.

9. INDEPENDENT CONTRACTOR'S SUPERINTENDENT

The Independent Contractor shall keep on his/her work, during its progress, a competent superintendent and any necessary assistants, all satisfactory to the Owner. The superintendent shall not be changed except with the consent of the Owner, unless the superintendent proves to be unsatisfactory to the Independent Contractor and ceases to be in his employ. The superintendent shall represent the Independent Contractor in his

EBCont0418 Page 5 absence and all directions given by him shall be as binding as if given to the Independent Contractor. Important directions shall be confirmed in writing to the Independent Contractor. Other directions shall be so confirmed on written request in each case.

10. PLANS AND SPECIFICATIONS - CORRELATION

The Work shall be executed in strict conformity with the Plans and Specifications. In the event of a conflict in the Contract Documents, the order of precedence is controlled by the 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 and 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 provisions 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 greater quantity of work shall be estimated, and the matter drawn to the Consultant’s attention for decision.

11. OBSOLETE EQUIPMENT

It is important that the Nebraska Game & Parks Commission be protected as far as possible against the discontinuance of the make of equipment to be purchased, and that repair parts, services of expert factory representatives be available if desired. Under these conditions, the Independent Contractor shall not furnish equipment made by firms in the hands of receivers or equipment not currently in production by the manufacturers.

12. PATENTS

The Independent Contractor and his Surety shall hold and save harmless the Nebraska Game & Parks Commission, its officers, agents, servants, and employees from liability of any nature or kind including costs and expenses, for or on account of any patented invention, articles or appliances manufactured or used in the performance of this Contract unless otherwise specifically stipulated in this Contract.

13. SUBCONTRACTING

It is understood that the services provided herein shall be performed by the Independent Contractor. The Independent Contractor shall be fully responsible to the Nebraska Game & Parks Commission for the acts and omissions of his Independent Subcontractors and of persons either directly or indirectly employed by them. The Independent Contractor shall be responsible for assigning, coordinating, and achieving completion of all subcontracted work to satisfy all requirements of the Contract Documents in a timely and proper manner. All subcontracted work shall be subject to all requirements of the Contract Documents except those legal contractual duties for which only the Independent Contractor has exclusive responsibility as specifically assigned by the Contract Documents. Nothing contained in the Contract shall create any contractual relation between any Independent Subcontractor and the Nebraska Game &

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Parks Commission. The attention of the Independent Contractor and Independent Subcontractors is called to the Contract Documents which are a part of this Contract.

The Independent Contractor must notify the Nebraska Game & Parks Commission of each subcontract he intends to award, giving:

Name of Independent Subcontractor Branch of work concerned Total price of subcontract

No part of this Contract shall be sublet without prior approval of the Nebraska Game & Parks Commission. Any agent or agents of the Independent Contractor hired as part of this AGREEMENT must be approved by the Commission prior to performance of such services.

14. INDEPENDENT CONTRACTOR'S INSURANCE

The Independent Contractor shall not commence work under this Contract until he/she has obtained all the insurance required hereunder and such insurance has been approved by the Commission. The Independent Contractor shall not allow any Independent Subcontractor to commence work on his subcontract until all similar insurance required of the Independent Subcontractor has been obtained and approved by the Commission or Independent Contractor. Approval of the insurance by the Commission shall not relieve or decrease the liability of the Independent Contractor hereunder.

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

a. WORKER’S COMPENSATION INSURANCE

The Independent Contractor shall take out and maintain during the life of this Contract the statutory Worker’s Compensation and Employer's Liability Insurance for all of his employees to be engaged in work on the project under this Contract and, in case any such work is sublet, the Independent Contractor shall require the Independent Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the latter'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. Where applicable, this policy shall provide USL&H coverage. This policy shall include a waiver of subrogation in favor of the Commission. The amounts of such insurance shall not be less than the limits stated hereinafter.

b. COMMERCIAL GENERAL LIABILITY INSURANCE AND COMMERCIAL

AUTOMOBILE LIABILITY INSURANCE

The Independent 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 him and any Independent Subcontractor performing work

EBCont0418 Page 7 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 himself or by any Independent 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 coverages. The policy shall include the Commission, and others as required by the Contract Documents, as an additional insured. This policy shall be primary, and any insurance or self-insurance carried by the Commission shall be considered excess and non-contributory. The Commercial Automobile Liability Insurance shall be written to cover all owned, non-owned, and hired vehicles.

c. INSURANCE-BUILDER’S RISK

Unless otherwise provided, the Independent Contractor shall purchase and maintain Builder’s Risk Insurance for the entire value of the Project and work site, from a company or companies lawfully authorized and licensed to do business in the jurisdiction in which the Project is located. This insurance shall be written to cover all risks of direct physical loss, and shall include interests of the Commission, the Independent Contractor, and Sub-contractors in the Work. A loss insured under this insurance shall be adjusted with the Commission and made payable to the Commission as fiduciary for the insured, as their interests may appear.

d. INSURANCE COVERAGE AMOUNTS REQUIRED

1. Workers’ Compensation and Employer’s Liability Coverage A Statutory Coverage B Bodily Injury by Accident $100,000 each accident Bodily Injury by Disease $500,000 policy limit Bodily Injury by Disease $100,000 each employee

2. Commercial General Liability General Aggregate $2,000,000 Products/Completed Operations Aggregate $2,000,000 Personal/Advertising Injury $1,000,000 any one person Bodily Injury/Property Damage $1,000,000 per occurrence Fire Damage $50,000 any one fire Medical Payments $5,000 any one person

3. Commercial Automobile Liability

Bodily Injury/Property Damage $1,000,000 combined single limit

4. Umbrella/Excess Liability Over primary insurance $1,000,000 per occurrence

5. Builder’s Risk 100% of work completed values.

The Independent Contractor shall assume all perils of fire, extended coverage, vandalism, mischief and theft, and shall purchase and maintain property insurance upon

EBCont0418 Page 8 the entire work site to the full insurable value thereof. Such insurance shall be in a company or companies against which the Commission has no reasonable objection.

This insurance shall include the interests of the Commission, the Independent Contractor, Independent Subcontractors and Sub-Independent Subcontractors in the Work and shall insure against the perils of fire and extended coverage and shall include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism and malicious mischief. If not covered under all risk insurance or otherwise provided in the Contract Documents, the Independent Contractor shall maintain similar property insurance on portions of the Work stored off the site or in transit when such portions of the Work are to be included in an Application for Payment.

15. EVIDENCE OF COVERAGE

The Independent Contractor shall furnish the Commission with documentary evidence of insurance coverage which should be in the form of certificates. These certificates shall include the name of the company, serial number of the policy, effective dates, dates of expiration, and amounts and types of coverage afforded. If the Commission is damaged by the failure of the Independent Contractor to maintain such insurance, then the Independent Contractor shall be responsible for all reasonable costs properly attributable thereto.

The following clauses or endorsements must be added to the certificates for the respective types of insurance. If the clause or endorsement is placed on the reverse side of such certificate, it should be followed by the signature of the official of the company who signs the certificate. All certificates must contain the following two clauses of endorsement;

"The insurance contract referred to herein provides complete coverage within the limits stated for the type of insurance mentioned covering all the insured's operations in connection with the insured's contract on the….”

"Said insurance contract also provides that it cannot be canceled by the insurer in less than ten days after the insured has been given written notice of such cancellation."

16. PROTECTION OF PERSONS AND PROPERTY

The Independent 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 Independent Contractor shall protect all existing buildings, roadways, landscaping, and utilities against damage or interruption of services. It shall be the responsibility of the Independent 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.

17. USE OF JOB SITE

The Independent Contractor shall confine his/her equipment, apparatus, the storage of materials, and operations of his workmen to limits indicated by law, ordinance, permits, EBCont0418 Page 9 or directions of the Nebraska Game & Parks Commission and shall not unnecessarily encumber the premises with his materials.

The Independent Contractor shall not load or permit any part of a structure to be loaded with a weight that will endanger its safety. The Independent Contractor shall enforce the Owner’s and/or the Consultant’s instructions regarding signs, advertisement, fires, and smoke.

18. LABOR

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

Mechanics whose work is unsatisfactory to the Owner and/or the Consultant or are considered by either to be unskilled or otherwise objectionable, shall be instantly dismissed from the Work upon notice from the Owner and Consultant.

Independent Contractor and Independent Subcontractor employed upon the Work shall and will 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, codes and legal requirements applicable thereto.

19. LIABILITY

It is expressly understood the Independent Contractor assumes full liability for the acts of its employees, agents, officers, and subcontractors assigned to perform the Independent Contractor’s duties hereunder and shall reimburse the Commission for any damage to Commission property, real or personal, which may be damaged by the Independent Contractor, its employees, agents or officers. Independent Contractor will be responsible for its own negligent acts and negligent omissions and the results of its own negligent acts and negligent omissions. The Independent Contractor agrees to assume all risk and liability for any injury to persons or property resulting in any manner from its own negligent acts or negligent omissions related to the Agreement, including negligent acts or negligent omissions by each party's own agents, employees, or officers related to the Agreement. Liability includes any claims, damages, losses and expenses (including attorney’s fees) arising out of, or resulting from, performance of the AGREEMENT that results in any claim for damage whatsoever including, but not limited to, any bodily injury, sickness, disease, or property damage, including any resulting loss of use.

All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination against the Independent Contractor, its officers or its agents) shall in no way be the responsibility of the Commission or the State of Nebraska. The Independent Contractor will hold the Commission and the State of Nebraska harmless from any and all such claims. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits from the Commission and the State of Nebraska including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay or retirement benefits.

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20. SPECIAL PROVISIONS

a. The Independent Contractor warrants it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Contract and that it has not paid or agreed to pay any person, company, corporation, individual or firm, or other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award of the Contract or the making of this

AGREEMENT.

b. Independent Contractor warrants that its officers, stockholders, associates and employees presently have no known financial interest, direct or indirect, which would conflict in any manner or degree with the performance of the services required by this AGREEMENT. The Independent Contractor shall comply with the provisions of laws of the State of Nebraska which require disclosure for conflict-of-interest determinations of amounts received under this AGREEMENT. The existence of any conflict of interest shall render the Contract and this AGREEMENT voidable by the Commission.

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

Stat. Sections 48-1101 through 48-1126, and the American with Disabilities Act of 1990 (P.L. 101-366) as implemented by 28 CFR 35, which is made a part of and included in this AGREEMENT by reference.

d. The Independent Contractor certifies by executing this AGREEMENT that he has a

Drug Free Workplace Policy in place stating that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace is prohibited and a copy of that policy can be produced on request, and it complies and will continue to comply with Nebraska Statute, Chapter 73, Section 73-104, Fair Labor Standards in the pursuit of his business and in the execution of this AGREEMENT.

e. The Independent Contractor certifies by signing this AGREEMENT that neither the

Independent Contractor nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal or state department or agency from participating in transactions. The Independent Contractor also agrees to include the above requirements in any and all subcontracts into which it enters. The Independent Contractor shall immediately notify the Commission if, during the term of this AGREEMENT, the Independent Contractor becomes debarred. The Commission may immediately terminate the Contract and this AGREEMENT by providing Independent Contractor written notice if Independent Contractor becomes debarred during the term of this AGREEMENT.

21. WORK ELIGIBILITY STATUS OF INDEPENDENT CONTRACTOR’S

EMPLOYEES

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a. The Independent Contractor is required and hereby agrees to use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. A federal immigration verification system means the electronic verification of the work authorization program authorized by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 8 U.S.C. 1324a, known as the E-Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee.

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

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

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

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

22. AUTHORITY OF THE CONSULTANT

The Commission may for professional services required for certain projects employ consulting architects or engineers -- in these documents referred to as the Consultant.

The Commission on certain other projects may direct that the professional services be performed by the acting head of the Engineering Division of the Commission. The acting head of the Engineering Division or the Consultant who has prepared the plans and specifications shall make written interpretations of them. He/She 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. He/She shall make periodic inspections of the project work and shall decide the quantity of the work and material incorporated therein.

He/She shall decide all questions which may arise as to the fulfillment of the Contract by the Independent Contractor.

23. OTHER CONTRACTS

The Nebraska Game & Parks Commission may award contracts for additional work and the Independent Contractor shall fully cooperate with such other Independent Contractors and carefully fit his own work to that provided under other contracts as may be directed by the Owner and/or Consultant. If the Independent Contractor commits or permits any act which interferes with the performance of work by any other Independent Contractor, this shall be grounds for termination of contract.

http://www.das.state.ne.us/

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24. TERMINATION

a. TERMINATION FOR BREACH

Failure of the Independent Contractor to comply with the terms and conditions of this agreement in a manner which the Commission, in its sole discretion, shall deem sufficient may be considered cause for termination. In event that any of the provisions of this Contract are violated by the Independent Contractor or any of his Independent Subcontractors, the Nebraska Game & Parks Commission may serve written notice upon the Independent 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 Independent Contractor such violation shall cease and 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, the Nebraska Game & Parks Commission shall immediately serve notice thereof upon the Surety and the Independent Contractor. The Commission may take over the Work and prosecute the same to completion of Contract for the account and at the expense of the Independent Contractor, and the Independent Contractor and his Surety shall be liable to the Nebraska Game & Parks Commission for any excess cost occasioned the Nebraska Game & Parks Commission thereby and in such event the Nebraska Game & Parks Commission 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 Commission nor any member or employee thereof shall be in any way liable or accountable to the Independent Contractor or his/her Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefore.

Failure of the Commission to revoke upon apprehension of a violation shall not constitute a bar to revocation upon repetition of the same violation or of another violation.

b. TERMINATION LACK OF APPROPRIATION

The Commission cannot guarantee payment in the absence of an appropriation by the legislature. The Commission may terminate the contract due to a lack of appropriation upon written notice to the Independent Contractor.

c. OTHER

For any reason the AGREEMENT may be terminated by the Commission by written notice within 90 days prior to the date of termination.

d. GENERAL

In the event of any forfeiture or termination of this agreement or the contract, any research data, supplies, interim reports, or other product of the Independent Contractor’s efforts hereunder shall be delivered to the Commission.

25. PAYMENT APPLICATION

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The Independent Contractor shall submit to the Consultant schedules of costs and quantities of materials and of other items, which schedule shall be in such form and shall be supported as to correctness by such of the estimates upon which they are based as the Consultant may require.

26. PAYMENT

So long as the Work herein contracted for is carried on in accordance with the provisions of the Contract, the Independent Contractor will 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 for payment and submit to the Consultant. After each such estimate shall have been approved by the Consultant, the Commission will pay to the Independent Contractor in State Warrants or ACH transfer, ninety percent (90%) of the amount thereof. The Commission may at all times reserve and retain out of said payments, all such sums as it may be authorized to reserve or retain. At any time prior to final payment, the total payment to the Independent Contractor shall not exceed ninety percent (90%) of the estimated value of the Work performed and materials stored at the site. Until substantial completion, the Commission will pay 90% of the value of the work completed and materially stored on the site at monthly intervals on account of progress payments. Unless Contract Documents state otherwise, all requests for payment shall include the Independent Contractor's Federal Identification Number or Social Security Number, as applicable for processing payments. Final payment shall be authorized within forty-five (45) days from date of final acceptance and approval of the Project.

27. EXTRA, ADDITIONAL OR OMITTED WORK - PAYMENT FOR

The Commission shall have the right at any time and without notice to the Sureties, to alter and modify the Plans and Specifications in any particular, thus making specific changes in connections with the construction, details, or execution of the work. All changes in Plans and Specifications will be made by the Commission in writing. The Independent Contractor shall make such alterations as may thus be ordered by the Nebraska Game & Parks Commission and in case these changes increase or decrease the amount of Work to be done under this Contract, equitable amounts in price will be added to or deducted from the contract price and contract time. The Independent Contractor will prepare and submit an estimate of revised costs based upon extra, additional, or omitted work within 15 days of receipt of the written notice by the Commission as described in this paragraph. The amount of such increase or decrease shall be agreed upon between the Commission and the Independent Contractor BEFORE changes are made. Extra or additional work completed BEFORE approval by the Commission of any proposed increase or decrease of compensation shall be at the Independent Contractor’s expense.

Contractor may propose changes by submitting a request for change to Consultant, describing the proposed changes and its full effect on the Work. The request shall include a statement describing the reason for the change, and the potential effect on not to exceed sum and completion date with full documentation.

When directed in writing by the Consultant and with approval of the Commission, the Independent Contractor shall furnish all material and labor not otherwise provided for by the terms of this Contract, but which may be connected with or necessary to the proper

EBCont0418 Page 14 completion of the Work. Such material and work shall be furnished and done as part of this Contract and subject to its provisions. The payment for any such work shall be determined by contract between the Commission and the Independent Contractor before the extra work is commenced, either on the basis of a unit price, or a lump sum price, or on a cost-plus-limited basis and not to exceed the specified limit.

No claims for extra work will be allowed unless accompanied by a written Change Order from the Consultant and approved by the Commission authorizing such extra work and defining the agreed basis for payment. Change Orders shall be prepared by the Owner.

The Independent Contractor shall, immediately after completing extra work, file with the Consultant, in writing, all claims for extra work performed. If the Independent Contractor fails to make such claims within 30 days, Independent Contractor’s right to extra pay for such work shall be deemed to have been waived and forfeited and he or she shall not be entitled to any payment on account of such extra work.

28. INDEPENDENT CONTRACTOR'S PAYMENT FOR LABOR AND

MATERIALS

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

29. COMMISSION'S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND

MAKE APPLICATION THEREOF

In addition to the payment to be retained by the Commission under preceding provisions of these General Conditions, the Commission may withhold a sufficient amount of any payment otherwise due to the Independent Contractor to cover:

(a) Payments that may be earned or due for just claims for labor or materials furnished in and about the performance of the work on the project under this contract;

(b) For defective work not remedied, and for damage to existing conditions or new work not remedied; and

(c) For failure of the Independent Contractor to make proper payments to his Independent Subcontractor(s).

The Nebraska Game & Parks Commission shall disburse and shall have the right to act as agent for the Independent Contractor in disbursing such funds as have been withheld pursuant to this paragraph to the party or parties who are entitled to payment there from.

The Nebraska Game & Parks Commission will render to the Independent Contractor a proper accounting of all such funds disbursed in behalf of the Independent Contractor.

No payment shall be made for work performed by the Contractor to replace defective work, work which is not required by the Contract Documents, work outside the limits of the contract and additional work necessary due to actions of the Contractor, unless approved by the Owner in writing BEFORE the work is commenced. Any work

EBCont0418 Page 15 described in this paragraph which is commenced before written approval by the Owner shall be at the Independent Contractor’s expense.

30. FINAL INSPECTION

When the work has been substantially completed, the Independent Contractor shall notify the Consultant in writing that the work will be ready for final inspection and test on a definite date which shall be 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 made, the Consultant shall present to the Independent Contractor and the Commission a report ("punch list") listing all deficiencies found in the inspection of the Independent Contractor's work which are to be corrected. The Independent Contractor shall immediately make the required corrections and the work necessary to remove the deficiencies reported. When the deficiencies have been removed, the Independent Contractor shall in writing request a re-inspection of the work by the Consultant.

31. FINAL PAYMENT

As soon as practical after the completion and acceptance of the Work and submittal of all guarantees, warranties, operating manuals, etc., required by the Contract Documents, the Independent Contractor shall prepare a final payment application showing the final payment amount due. After approval by the Independent Contractor, the Consultant, and the Owner the final payment voucher shall be processed for payment.

32. GUARANTEE OF WORK

a. Except as otherwise specified, all work shall be guaranteed by the Independent 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.

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

1) Place in satisfactory condition in every particular 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, in the opinion of the Owner is the result of the use of materials, equipment, 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.

c. In any case where fulfilling the requirements of the AGREEMENT or of any guarantee embraced in or required thereby, the Independent Contractor disturbs any work guaranteed under another contract, he shall restore such disturbed work to a condition satisfactory to the Commission and guarantee such restored work to the same extent as it was guaranteed under such other contract.

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d. If the Independent Contractor, 30 days after notice, fails to comply with the terms of the guarantee, the Commission may have defects corrected and the Independent Contractor and his Surety shall be liable for all expenses incurred.

e. 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 during the first year of the life of such guarantee.

33. UNEMPLOYMENT COMPENSATION FUND

The Independent Contractor shall make payments to the Unemployment Compensation Fund of the State of Nebraska all contributions and interest due under the provisions of Section 48-601 to 48-669, Revised Reissue Statute of Nebraska, on wages paid to individuals employed in the performance of this contract as required by Section 48-657, Revised Reissue Statute of Nebraska.

34. CLOSEOUT MEETING

The Independent Contractor shall schedule a closeout meeting with sufficient time to prepare for requesting substantial completion of the Work and notify the Owner and Engineer/Architect of the closeout meeting at least seven days prior to the closeout meeting. The Independent Contractor is responsible to record the minutes of the meeting and create an agenda. The minutes of the closeout meeting shall be provided to the Owner and Engineer/Architect within five days of the closeout meeting.

Authorized representatives of the Commission, Independent Contractor, and the Consultant shall attend the progress meetings, as will the Independent Contractor’s superintendent, and major Independent Subcontractors.

The agenda will consist of all relevant items for project closeout, including, but not limited to: start-up of facilities and systems, operation and maintenance manuals, testing, adjusting, balancing, system demonstration and observation, operation and maintenance instruction for Owner’s personnel, Independent Contractor’s inspection of Work, Independent Contractor’s preparation of the initial “punch list”, procedure to request Owner and Engineer/Architect inspection to determine the date of substantial completion, completion time for correcting deficiencies, inspections by authorities having jurisdiction, final cleaning, preparation for final inspection, closeout submittals, final application for payment, Independent Contractor’s demobilization of site, and maintenance.

35. PROJECT CLOSEOUT

The Independent Contractor shall provide the following:

Maintenance and Operation Manuals: Prior to approval of final payment for the work, the Independent Contractor shall submit to the Commission two (2) bound copies of maintenance and operation manuals presenting full details and explanation of maintenance and operation requirements for equipment, materials, etc. Independent Contractor shall be responsible for replacing any item in the Work which requires particular care and/or maintenance but is not included in the bound copies and is inadvertently damaged by the Commission through lack of proper information.

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Guarantee - Warranty: Prior to approval or final payment for the work, the Independent Contractor shall submit to the Commission three (3) bound copies of all guarantees and warranties required by the Specifications which exceed the general one (1) year warranty required by the Contract Documents.

Other: Prior to approval of final payment for the Work, the Independent Contractor shall submit to the Commission all required Project Record Documents.

36. CODES AND REGULATIONS

All proposed work shall comply with the National Plumbing Code, National Electrical Code, International Building Code and all applicable state and local codes.

37. SALVAGE

The Commission reserves the right to keep all salvageable materials. Any materials or rubble not retained by the Commission shall be removed from the construction site and disposed of by the Independent Contractor.

38. CONTROL OF ZEBRA MUSSELS: Due to the possible introduction of Zebra Mussels and other aquatic nuisance species, the Independent Contractor is required to inspect and clean equipment prior to placement in water bodies:

1. Always inspect equipment (in the broadest sense, e.g. boats, trailers, anchors, scuba gear, etc.) for visible plants and animals before transporting.

2. Always remove visible plants and animals from equipment (expel plants, animals, and water from internal parts).

3. Always drain water from equipment before transporting.

4. Always clean equipment that has been in infested waters before placing in other waters.

5. Always report questionable species to the Nebraska Game & Parks Commission, Fisheries Division, (402) 471-5515, for identification. Information is available from many sources about identification of an aquatic nuisance species; however, specimens are needed to confirm sightings. Many jurisdictions have different rules regarding possession and transport of specimens. Always ask our agency's Fisheries Division representative for transportation instructions prior to transportation.

6. Always avoid transporting plants, animals, mud, or water to or from lakes, rivers, wetlands, and coastal waters.

7. Always avoid releasing animals or plants into the wild unless the release is made into the same water body or location…