NEBRASKA DEPARTMENT OF TRANSPORTATION	Date Issued:
BID PROPOSAL AND CONTRACT (Short Form)	Bid Number:
Agreement No:
Contract No:
Bid Opening Date:	Bid Opening Time:
Name of Bidder/Contractor:	Contractor Contact Name:
Street:	Phone:
City, State, Zip:	Email:
RETURN Bid Proposal Form To (Bid Opening Location):
Nebraska Department of Transportation (NDOT)	NDOT Contact Name:
District:	Email:
Address:	Phone #:
City, NE Zip	Fax #:
Time & Scope of Work
CONTRACT DURATION: This section should be used to describe in detail the contract duration, ex: July 1, 2023-June 3, 2024, any renewal periods or special scheduling consderations. Note: If using this contract with renewals, the estimated cost for the entire term, including renewal periods must be under $250,000 to use this form). Example: NDOT reserves the right to renew the contract for four (4) additional one (1) year periods, when applicable. The $100,000 threshold still applies for county bridges pursuit to Neb. Rev. Stat. § 39-810 and Legislative assent is still required for buildings pursuant to Neb. Rev. Stat. 39-1355.
SCOPE OF WORK: Contractor agrees to complete the work as prescribed in this contract. If applicable, insert specifications and environmental commitments immediately following the bid items sheets. (This contract is written so that NDOT will have a predictable total cost of the project by adding together the unit costs and elements based upon the prices and costs contained in the bid documents. The total cost will only be predictable if the scope of the contract is defined in sufficient specificity for the total amount of work (labor and/or units) to be known at the time of the bid. This is generally accomplished in construction by finalized plans. In contracts for services, the specificity is generally found by clearly the defining the number of hours of labor or the scope of the area.)
Payment: Contract Bond and any incidentals required in this Contract shall be considered subsidiary to work for which direct payment is being made. Contractor shall be paid upon acceptance by State of completed work. Contractor shall submit an invoice and will be paid upon approval of invoice according to the Nebraska Prompt Payment Act.

BID ITEMS
Item Description	Unit of Measure	Quantity	Unit Price	Extended (Total) Price
TOTAL BID ITEMS

GENERAL TERMS AND CONDITIONS

CONTRACT BOND

The selected contractor shall be required to furnish a contract bond in the sum equal to the full amount of the contract prior to beginning work. The contract bond must be executed on the form furnished by the Department. Contract bonds must be executed by a corporation authorized to contract surety in the State of Nebraska. This requirement shall apply to any extensions and/or renewal periods.

REJECTION OF PROPOSALS

The State reserves the right to reject any or all proposals, wholly or in part, or to award to multiple bidders in whole or in part, and at its discretion, may withdraw or amend the Proposal at any time. The State reserves the right to waive any deviations or errors that are not material, do not invalidate the legitimacy of the proposal and do not improve the bidder’s competitive position. The State reserves the right to reject any or all proposals and rebid the work; and further reserves the right to waive any informality or irregularity. All awards will be made in a manner deemed in the best interest of the State. The Bid Proposal does not commit the State to award a contract. If, in the opinion of the State, revisions or amendments will require substantive changes in proposals, the due date may be extended. If an arithmetic error is made in the extended total, the unit price will govern.

EVALUATION OF BIDS

All responses to this Bid Proposal which fulfill all mandatory requirements will be evaluated for conformance to requested specifications. Elements that may also be considered include but are not limited to:

The ability, capacity, and skill of the Bidder to deliver and implement the system or project, or provide the requested goods, that meet the requirements of the Invitation to Bid;

The character, integrity, reputation, judgment, experience, and efficiency of the Bidder;

Whether the Bidder can perform the contract within the specified time frame;

The quality of Bidder performance on prior contracts; and

Such other information that may be secured and that has a bearing on the decision to award the contract.

TIME IS OF THE ESSENCE

Time is of the essence in this contract. The acceptance of late performance with or without objection or reservation by the State shall not waive any rights of the State nor constitute a waiver of the requirement of timely performance of any obligations on the part of the Contractor remaining to be performed.

RESPONSIBILITY FOR CLAIMS AND LIABILITY INSURANCE

The Contractor agrees to defend, indemnify, hold, and save harmless the State and its employees, volunteers, agents, and its elected and appointed officials (“the indemnified parties”) from and against any and all claims, liens, demands, damages, liability, actions, causes of action, losses, judgments, costs, and expenses of every nature, including investigation costs and expenses, settlement costs, and attorney fees and expenses (“the claims”), sustained or asserted against the State, 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, except to the extent such Contractor liability is attenuated by any action of the State which directly and proximately contributed to the claims.

It is agreed 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 Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under the contract. The Contractor’s employees and other persons engaged in work or services required by the Contractor under the contract shall have no contractual relationship with the State; they shall not be considered employees of the State.

All claims on behalf of any person arising out of employment or alleged employment (including without limit claims of discrimination against the Contractor, its officers, or its agents) shall in no way be the responsibility of the State. The Contractor will hold the State 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 State including without limit, tenure rights, medical and hospital care, sick and vacation leave, severance pay, or retirement benefits. It is expected that in carrying out the work under this contract, Contractor will make various decisions and judgments and Contractor will determine what actions are required by Contractor and by others to properly complete the work. Nothing in this Contract shall be interpreted to relieve Contractor from any liability it would otherwise have to State in carrying out the work under this Contract.

3.	Contractor shall for the life of this Contract, carry insurance as outlined in this contract. In any agreement Contractor has with a Subcontractor, Contractor shall require that Subcontractor meet the insurance requirements outlined in this contract.

INSURANCE REQUIREMENTS

LEGAL RELATIONSHIP. Contractor is an independent Contractor. This Contract does not create a partnership, joint venture, employment, or agency relationship between Contractor and State. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Contract. The Contractor’s employees and other persons engaged in work or services required by the Contractor under the Contract shall have no contractual relationship with the State; they shall not be considered employees of the State. Each Party is responsible for its own acts and omissions undertaken in the performance of this Contract. Neither Party has the right or obligation to supervise or control the acts or omissions of the other Party in the performance of this Contract. Further, Contractor agrees to keep the premises where its work is being completed under this Contract in a reasonably safe condition for persons rightfully on the premises.

INDEMNITY. Contractor will indemnify, save and hold harmless the State and all of its departments, agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character (including reasonable attorney’s fees) arising out of or by reason of the execution or negligent performance of the work provided for herein by Contractor or its agents and anyone contracting under or for Contractor’s obligations hereunder, and further agrees to defend at its own sole cost and expense, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising out of or as a result of work performed by Contractor or its agent, or anyone contracting with Contractor for such work hereunder.

INSURANCE. Contractor shall not commence work until all insurance required under this Contract has been obtained. Further, Contractor shall, in any subcontract it has with a subcontractor, require that such subcontractor meet the insurance requirements of this Contract. Contractor will

be solely responsible for confirming that the applicable insurance has been obtained by Contractor and by any subcontractor. State shall have the right, but not the duty, to request evidence of the insurance coverage of Contractor or of any lower tier subcontractor.

a.	Workers Compensation Insurance. 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 below:

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

b.	Other Required Insurance. Contractor shall obtain and keep in full force and effect throughout the duration of this Contract, all insurance required by all applicable state, federal and local laws, rules and regulations.

4.	CONTINUATION OF COVERAGE

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.

REQUIRED CLAUSES

NEW EMPLOYEE WORK ELIGIBILITY STATUS

Contractor 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. Contractor hereby agrees to contractually require any Subcontractor 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.

The undersigned duly authorized representative of the Contractor, by signing this agreement, hereby attests to the truth of the following certifications, and agrees as follows:

Neb.Rev.Stat. § 4-114. I certify compliance with the provisions of Section 4-114 and, hereby certify that this Contractor shall register with and use a federal immigration verification system to determine the work eligibility status of new employees physically performing services within the State of Nebraska. I agree to require all Subcontractors, by contractual agreement, to require the same registration and verification process.

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

a.	Contractor must complete the United States Citizenship Attestation form and attach it to this contract. This form is available on the Department of Transportation website at: http://www.transportation.nebraska.gov/projdev/#save

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

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

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND INELIGIBILITY

The Contractor by signature of this contract, certifies that the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by an federal department or agency from participating in transactions (debarred). The Contractor also agrees to include the above requirements in any and all subcontracts into which it enters. The Contractor shall immediately notify the Department of Transportation if, during the term of the contract, Contractor becomes debarred. The Department of Transportation may immediately terminate this contract by providing Contractor written notice if Contractor becomes debarred during the term of this contract.

COMPLIANCE WITH CIVIL RIGHTS LAWS AND EQUAL OPPORTUNITY EMPLOYMENT / NONDISCRIMINATION

The Contractor shall comply with all applicable local, state and federal statutes and regulations regarding civil rights laws and equal opportunity employment. The Nebraska Fair Employment Practice Act prohibits Contractors of the State of Nebraska, and their Subcontractors, from discriminating against any employee or applicant for employment, with respect to hire, tenure, terms, conditions, compensations, or privileges of employment because of race, color, religion, sex, disability, marital status, or national origin (Neb. Rev. Stat. §48-1101 to 48-1125).

The Contractor guarantees compliance with the Nebraska Fair Employment Practice Act, and breach of this provision shall be regarded as a material breach of contract. The Contractor shall insert a similar provision in all subcontracts for services to cover under this contract.

DRUG FREE WORKPLACE POLICY

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 at any time upon request by the State.

STATE OF NEBRASKA PERSONNEL RECRUITMENT PROHIBITION

The Contractor shall not, at any time, recruit or employ any State employee or agent who is working with the contract or in relation to this contract.

ETHICS IN PUBLIC CONTRACTING

No Bidder shall pay or offer to pay, either directly or indirectly, any fee, commission compensation, gift, gratuity, or anything of value to any State officer, legislator, employee or evaluator based on the understanding that the receiving person’s vote, actions, or judgment will be influenced thereby. No Bidder shall give any item of value to any employee of the State Purchasing Bureau or any evaluator. If the Bidder is found to be in non-compliance with this section of the Bid Proposal General Terms and Conditions, they may forfeit the contract if awarded to them or be disqualified from the selection process.

ONFLICT OF INTEREST

By submitting a bid, Bidder certifies that there does not now exist any relationship between the Bidder and any person or entity which is or gives the appearance of a conflict of interest related to this Bid Proposal and Contract or project.

The Bidder certifies that it shall not take any action or acquire any interest, either directly or indirectly, which will conflict in any manner or degree with the performance of its services hereunder or which creates an actual or appearance of conflict of interest.

The Bidder certifies that it will not employ any individual known by Bidder to have a conflict of interest.

COOPERATION WITH OTHER CONTRACTORS

The State may already have in place or choose to award supplemental contracts for work related to this contract, or any portion thereof.

The State reserves the right to award the contract jointly between two or more potential Contractors, if such an arrangement is in the best interest of the State.

The Contractor shall agree to cooperate with such other Contractors and shall not commit or permit any act which may interfere with the performance of work by any other Contractor.

CONTRACTOR RESPONSIBILITY

The Contractor is solely responsible for fulfilling the contract, with responsibility for all services offered and products to be delivered as stated in the contract The Contractor shall be the sole point of contact regarding all contractual matters.

The Contractor shall agree that it will not utilize any Subcontractors not specifically included in this contract, in the performance of the contract without the prior written authorization of the State. Following execution of the contract, the Contractor shall proceed diligently with all services and shall perform such services with qualified personnel in accordance with the contract.

CONTRACTOR PERSONNEL

The Contractor warrants that all persons assigned to the project shall be employees of the Contractor or specified Subcontractors and shall be fully qualified to perform the work required herein. Personnel employed by the Contractor to fulfill the terms of the contract shall remain under the sole direction and control of the Contractor. The Contractor shall include a similar provision in any contract with any Subcontractor selected to perform work on the project.

Personnel commitments made in the contract shall not be changed without the prior written approval of the State. Replacement of key personnel, if approved by the State, shall be with personnel of equal or greater ability and qualifications.

The State reserves the right to require the Contractor to reassign or remove from the project any Contractor or Subcontractor employee.

In respect to its employees, the Contractor agrees to be responsible for the following:

Any and all employment taxes and/or other payroll withholding;

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

Damages incurred by Contractor’s employees within the scope of their duties under the contract;

4.	Maintaining workers’ compensation and health insurance and submitting any reports on such insurance to the extent required by governing State law; and

5.	Determining the hours to be worked and the duties to be performed by the Contractor’s employees.

K.	ASSIGNMENT BY THE STATE

The State shall have the right to assign or transfer the contract or any of its interests herein to any agency, board, commission, or political subdivision of the State of Nebraska. There shall be no charge to the State for any assignment hereunder.

ASSIGNMENT BY THE CONTRACTOR

The Contractor may not assign, voluntarily or involuntarily, the contract or any of its rights or obligations hereunder (including without limitation rights and duties of performance) to any third party, without the prior written consent of the State, which will not be unreasonably withheld.

GOVERNING LAW

The contract shall be governed in all respects by the laws and statutes of the State of Nebraska. Any legal proceedings against the State of Nebraska regarding this contract shall be brought in the State of Nebraska administrative or judicial forums as defined by State law. The Contractor must be in compliance with all Nebraska statutory and regulatory law.

PERMITS, REGULATIONS, LAWS

The Contractor shall procure and pay for all permits, licenses and approvals necessary for the execution of the contract. The Contractor shall comply with all applicable local, state, and federal laws, ordinances, rules, orders and regulations.

OWNERSHIP OF INFORMATION AND DATA

The State of Nebraska shall have the unlimited right to publish, duplicate, use and disclose all information and data developed or derived by the Contractor pursuant to this contract.

The Contractor must guarantee that it has the full legal right to the materials, supplies, equipment, and other rights or titles (e.g. rights to licenses transfer or assign deliverables) necessary to execute this contract. The contract price shall, without exception, include compensation for all royalties and costs arising from patents, trademarks and copyrights that are in any way involved in the contract. It shall be the responsibility of the Contractor to pay for all royalties and costs, and the State must be held harmless from any such claims.

ATTORNEY’S FEES

In the event of any litigation, appeal or other legal action to enforce any provision of the contract, the Contractor agrees to pay all expenses of such action, as permitted by law, including attorney’s fees and costs, if the State is the prevailing party.

ADVERTISING

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

STATE PROPERTY

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

USE OF STATE PROPERTY AND TRAFFIC CONTROL

The Contractor shall use its best efforts to ensure that its employees, agents and Subcontractors use the utmost level of safety while on State premises. Contractor shall be solely responsible for all traffic control, and such traffic control must conform to the Manual on Uniform Traffic Control Devices. If the Contractor must perform on-site work outside of the daily operational hours set forth by the State, it must make arrangements with the State to ensure access to the facility and the equipment has been arranged. no additional payment will be made by the State on the basis of lack of access, unless the State fails to provide access as agreed to between the State and the Contractor.

EARLY TERMINATION

The contract may be terminated as follows:

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

The State, in its sole discretion, may terminate the contract for any reason upon thirty (30) calendar days written notice to the Contractor. Such termination shall not relieve the Contractor of warranty or other service obligations incurred under the terms of the contract. In the event of cancellation the Contractor shall be entitled to payment, determined on a pro rata basis, for products or services satisfactorily performed or provided.

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

If directed to do so by statute;

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

A trustee or receiver of the Contractor or of any substantial part of the Contractor’s assets has been appointed by a court;

Fraud, misappropriation, embezzlement, malfeasance, misfeasance, or illegal conduct pertaining to performance under the contract by its Contractor, its employees, officers, directors, or shareholders;

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

A voluntary petition has been filed by the Contractor under any of the chapters of Title 11 of the United States Code;

Contractor intentionally discloses confidential information;

Contractor has or announces it will discontinue support of the deliverable;

Second or subsequent documented “vendor performance report”;

Contractor engaged in collusion or ones actions which could have provided Contractor an unfair advantage in obtaining this contract.

FUNDING OUT CLAUSE OR LOSS OF APPROPRIATIONS

The State may terminate the contract, in whole or in part, in the event funding is no longer available. The State’s obligation to pay amounts due for fiscal years following the current fiscal year is contingent upon legislative appropriation of funds for the contract. Should said funds not be appropriated, the State may terminate the contract with respect to those payments for the fiscal years for which such funds are not appropriated. The State will give the Contractor written notice thirty (30) calendar days prior to the effective date of any termination. All obligations of the State to make payments after the termination date will cease and all interest of the State. 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.

BREACH BY CONTRACTOR

The State may terminate the contract, in whole or in part, if the Contractor fails to perform its obligations under the contract in a timely and proper manner. The State may, by providing a written notice of default to the Contractor, allow the Contractor to cure a failure or breach of contract within a period of thirty (30) calendar days (or longer at State’s discretion considering the gravity and nature of the default). Said notice shall be delivered by Certified Mail, Return Receipt Requested, or in person with proof of delivery. Allowing the Contractor time to cure a failure or breach of contract does not waive the State’s 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.

ADMINISTRATION – CONTRACT TERMINATION

Upon contract termination all deliverables prepared in accordance with this agreement shall become the property of the State of Nebraska, subject to the ownership provision (Section D) contained herein, and be provided to the State of Nebraska at no additional cost to the State.

In the event of contract termination, all records that are the property of the State will be returned to the State within thirty (30) calendar days.

WITHHOLDING PAYMENT

In the event that the Contractor fails to perform any substantial obligation under the contract, the State may withhold all monies due and payable to the Contractor, without penalty, until such failure is cured or otherwise adjudicated. Failure to meet the dates for the deliverables as agreed upon by the parties may result in withholding payment by State of $XXX.00 dollars per day/week/month, (District to make a determination) until the deliverables are approved. Contractor will be notified in writing when withholding will commence.

FORCE MAJEURE

Neither party shall be liable for any costs or damages resulting from its inability to perform any of its obligations under the contract due to a natural disaster, or other similar event outside the control and not the fault of the affected party (“Force Majeure Event”). A Force Majeure Event shall not constitute a breach of the contract. The party so affected shall immediately give notice to the other party of the Force Majeure Event. The State may grant relief from performance of the contract if the Contractor is prevented from performance by a Force Majeure Event. The burden of proof for the need for such relief shall rest upon the Contractor. To obtain release based on a Force Majeure Event, the Contractor shall file a written request for such relief with the Nebraska Department of Transportation. Labor disputes with the impacted party’s own employees will not be considered a Force Majeure Event and will not suspend performance requirements under the contract.

PROHIBITION AGAINST ADVANCE PAYMENT

Payments shall not be made until contractual deliverable(s) are received and accepted by the State.

PAYMENT

State will render payment to Contractor when the terms and conditions of the contract and specifications have been satisfactorily completed on the part of the Contractor as solely determined by the State. Payment will be made by the responsible agency in compliance with the State of Nebraska Prompt Payment Act (See Neb. Rev. Stat. §81-2401 through 81-2408). The State may require the Contractor to accept payment by electronic means such as ACH deposit. In no event shall the State be responsible or liable to pay for any services/goods provided by the Contractor prior to receipt, and the Contractor hereby waives any claim or cause of action for any such services/goods.

INVOICES

Invoices for payments must be submitted by the Contractor to the agency requesting the services/goods with sufficient detail to support payment. The terms and conditions included in the Contractor’s invoice shall be deemed to be solely for the convenience of the parties. No terms or conditions of any such invoice shall be binding upon the State, and no action by the State, including without limitation the payment of any such invoice in whole or in part, shall be construed as binding or estopping the State with respect to any such term or condition, unless the invoice term or condition has been previously agreed to by the State as an amendment to the contract.

Contractor should forward all invoices and supporting paperwork to the Nebraska Department of Transportation, District Office as identified on page one (1) of this document. Invoices must show Vendor’s F.I.D. number.

RIGHT TO AUDIT

Upon State’s determination that Contractor has completed Services under this Contract, State, or its authorized representative, may complete an audit review of the payments made under this Contract. The Parties understand that the audit may require an adjustment of the payments made under this Contract. Contractor agrees to reimburse State for any overpayments identified in the audit review, and State agrees to pay Contractor for any identified underpayments.

TAXES

Purchases of goods or services made by the State of Nebraska are exempt from the payment of Federal Excise Taxes, and exemption certificates will be furnished on request. State and local taxes are exempt by State Statute Section 77-2704 (l) (m). Exemption by statute precludes the furnishing of State exemption certificates.

INSPECTION AND APPROVAL

Final inspection and approval of all work required and/or goods received under the contract shall be performed by the designated State officials. The State and/or its authorized representatives shall have the right to enter any premises where the Contractor or Subcontractor duties under the contract are being performed, and to inspect, monitor or otherwise evaluate the work being performed. All inspections and evaluations shall be at reasonable times and in a manner that will not unreasonably delay work.

CHANGES IN SCOPE/CHANGE ORDERS

The State may, upon the written agreement of Contractor, make changes to the contract within the general scope of the contract. The State may, at any time work is in progress, by written agreement, make alterations in the terms of work as shown in the specifications, require the Contractor to make corrections, decrease the quantity of work, or make such other changes as the State may find necessary or desirable. The Contractor shall not claim forfeiture of contract by reasons of such changes by the State. Changes in work and the amount of compensation to be paid to the Contractor shall be determined in accordance with applicable unit prices if any, or a pro-rated value.

Corrections of any deliverable, service or performance of work required pursuant to the contract shall not be deemed a modification. Changes or additions to the contract beyond the scope of the contract are not permitted.

SEVERABILITY

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

CONFIDENTIALITY

All materials and information provided by the State or acquired by the Contractor on behalf of the State shall be regarded as confidential information. All materials and information provided by the State or acquired by the Contractor on behalf of the State shall be handled in accordance with Federal and State Law, and ethical standards. The Contractor must ensure the confidentiality of such materials or information. Should said confidentiality be breached by a Contractor; Contractor shall notify the State immediately of said breach and take immediate corrective action.

NEBRASKA STATE CONTRACTS DATABASE

Pursuant to Neb. Rev. Stat. §84-602, all State contracts in effect as of January 1, 2014 will be posted to a public website beginning July 1, 2014. All information not specifically excluded by State Law WILL BE POSTED FOR PUBLIC VIEWING.

PRICES:

All prices, costs, terms and conditions outlined in the contract shall remain fixed for the duration of the contract unless otherwise so stated in the contract, and Bidder/Contractor’s compensation for the work described in the Contract shall not exceed the cumulative total price derived from the prices and costs contained in the bid.

On subsequent renewals of the original contract, any price increases must be submitted in writing to the Nebraska Department of Transportation, Operations Division. Pricing for subsequent renewals may not exceed a 3% increase per each one-year renewed contract period. All increases shall be calculated against the previous period’s price. All price increases must show cause and include justification for change and provide proof of increase. The State further reserves the right to reject any proposed price increase(s), cancel the contract and re-bid if determined to be in the best interest of the State.

LIMITATION OF LIABILITY

It is understood by the parties that in the State of Nebraska’s opinion, any limitation on the Contractor’s liability is unconstitutional under the Nebraska State Constitution, Article XIII, Section 3, and that any limitation of liability shall not be binding on the State of Nebraska despite inclusion of such language in documents supplied with the Contractor’s bid or in the final contract.

By signing this Proposal Form, Bidder/Contractor agrees to perform the services at the contract price specified, to comply with the provisions of this Proposal, including the General Terms and Conditions and the Scope of Work, along with any additional Attachments, Addendums or Exhibits; and certifies that bidder: Has obtained or will obtain, prior to beginning work, the types and limits of Insurance specified in Section E. and F. of the General Terms and Conditions; and Has met all statutory requirements to transact business in Nebraska; and Is committed to providing a drug-free work place. The Bid Proposal shall be considered a contract when accepted and executed by NDOT.	Authorized Signature: ___________________________________________ Contractor ___________________________________________ Printed Name ___________________________________________ Title of Signer Date: _____________________________________ This Bid Proposal may be withdrawn if not accepted within 45 days of Date of Quote, above. This form with the General Terms and Conditions, Scope of Work along with any additional Attachments, Addendums or Exhibits must be received by NDOT at the designated location prior to the opening date and time in order for bidder’s proposal to be evaluated.
_____ I hereby certify that I am a Resident disabled veteran or business located in a designated enterprise zone in accordance with Neb. Rev. Stat. §73-107 and wish to have preference, if applicable, considered in the award of this contract.
Acceptance of Bid Proposal: When accepted, this contract includes the Bid Proposal and Contract Form, the following General Terms and Conditions, the attached Scope of Work (Attachment A), the Contract Bond, and any additional Attachments, Addendums or Exhibits. This contract is effective on the date of acceptance by State for services to be provided as specified above.	Authorized Signature: ________________________________________ District Engineer or Designee Date of Acceptance: ______________________

Title 409 does not apply to this contract pursuant to LB 312 passed in 2015. This form shall only be used for work with an estimated cost less than or equal to$250,000.00.

NEBRASKA DEPARTMENT OF TRANSPORTATION

CONTRACT BOND

KNOW ALL MEN BY THESE PRESENTS:

That we, name of contractor as principal, and name of surety as sureties, are held and firmly bound unto the Department of Transportation of the State of Nebraska, in the penal sum of $contract amount dollars and for the payment of which we do hereby bind ourselves, our heirs, executors and administrators, jointly, severally, and firmly by these presents.

Date: , 20 .

The condition of the obligations is such that whereas, the above bounden, name of contractor of city, state has been awarded by the Department of Transportation of the State of Nebraska, the specified work of insert general type of work on Agreement No./Contract No. , of which contract together with all of its terms, covenants, conditions and stipulations is incorporated herein and made a part hereof as fully and amply as if said contract were recited at length herein.

NOW THEREFORE, if said name of contractor as principal shall in all respects fulfill this said contract according to the terms and the tenor thereof, and shall faithfully discharge the duties and obligations therein assumed, then the above obligation is to be void and of no effect; otherwise, to be and remain in full force and virtue in law.

It is expressly understood and agreed that this bond is given to secure and does secure not only the faithful performance by the principal herein named of said contract for the maintenance work as specified in said contract and in strict accordance with the terms of said contract and the plans, specifications and all special provisions made a part thereof; but that it is given to secure and does secure also the payment by the said bounden, name of contractor of all overpayments made to said principal by the Department of Transportation, and of all just claims to all laborers and mechanics for labor that shall be performed, and for the payment of all material, supplies and equipment which is used or rented in performing the contract, and for the payment of all taxes, including contributions and interest due under the Nebraska Employment Security Law, which may accrue, pursuant to Sections 773103 to 773112 or any other provision of law, to the State of Nebraska and the political subdivisions thereof on account of the execution and performance of this contract, and if such payments be made then this obligation shall be null and void; otherwise it shall remain in full force and effect.

No contract shall be valid which seeks to limit the time to less than one year in which an action may be brought upon the bond covering the work, and this bond is made, executed and delivered with such understanding.

Signed this _________ day of ___________________, 20_____.	_________________________________________
Surety
name of contractor
______________________________________________________________ AttorneyinFact (signature)
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Principal (signature)	_________________________________________
AttorneyinFact (printed name)
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Principal (printed name)	_________________________________________
Agency/Business Name
_______________________________________________
Title	_________________________________________
Agency/Business Address
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Phone Number