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2015-12-09 Downtown Painting01 Contract - This contract and agreement, made and entered into this 9t" day of December, 2015, by and between the City of Blair ("Owner"), and Pearson's Painting ("Contractor"). WITNESSETH: That the Contractor, for and in consideration of the sum of $23,100 payable as set forth in this Contract, hereby agrees to perform in accordance with the specifications the various items of work awarded said Contractor on the December 9, 2015, as outlined on the bid form. That for good and valuable consideration and the mutual promises herein, the parties agree as follows: 1. That it is mutually agreed by the parties hereto, that the Contractor's Bonds, the proposal, all project specifications and special provisions, and all supplemental agreements are a part of this Contract, and incorporated herein. 2. The Contractor expressly warrants that it has employed no third person to solicit or obtain this Contract in its behalf, or to cause or procure the same to be obtained upon compensation in any way contingent in whole or in part, upon such procurement, and that it has not paid, or promised or agreed to pay, to any third person in consideration of such procurement, or in compensation for services in connection herewith, any brokerage, commission, or percentage upon the amount to be received by it hereunder, and that it has not, in estimating the contract price demanded by it, included any sum by reason of any such brokerage, commission, or percentage, and that all moneys payable to it hereunder are free from obligation of any other person for services rendered, or supposed to have been rendered, in the procurement of this Contract. Contractor further agrees that any breach of this warrant shall constitute adequate cause or the annulment of this Contract by the Owner and that the said Owner may retain for its own use, from any sums due or to become due hereunder, an amount equal to any brokerage, commission, or percentage so paid or agreed to be paid. 3. All work required in caring out this Contract should be performed in compliance with the laws of the State of Nebraska. 4. Contractor states and agrees that it is complying with and will continue to comply with Fair Labor Standards in the pursuit of its business, and in the execution of this Contract. 5. That Contractor further agrees to pay all just claims for materials. Supplies, tools, fuels, lubricants, equipment, equipment rental, machinery insurance premiums and services used or consumed in the construction of the work by it or any of its sub -contractors, and for the payment of all laborers and mechanics for all; labor performed in the work by it or any of its sub- contractors, and for all other just claims filed against it or any of its sub- contractors in carrying out the provisions of this Contract, and further agrees that the Contractor's Bond shall be held to cover all such claims. 6. The Contractor further agrees to perform the work under the direct supervision of the Owner or its representative and in accordance with the laws of the State of Nebraska. 7. That in consideration of the foregoing, Owner hereby agrees to pay the Contractor promptly the amounts set forth herein, subject to the conditions set for the in this Contract or any part thereof as herein described. 8. It is further understood and agreed that the Contractor shall not do any work or furnish any materials not covered and authorized by this Contract, unless ordered in writing by the Owner. Any such work may be done or any such materials which may be furnished by the Contractor without such written order first being given, shall be at its own risk, cost and expense; and the Contractor hereby covenants and agrees that it shall make no claim for compensation for any work so done or any materials so furnished. 9. This Contract cannot be assigned by Contractor without the prior written consent of the Owner. 10. This Contract shall be binding upon and insure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the parties hereto have set their hands, for the purpose herein expressed, to this instrument on the day, month and year set forth above. CITY OF BLAIR NEBRASKA OWNER in By Mayor ATTEST: CONTRACTOR By Q L== Duly Authorized Officer ATTEST: City Clerk Secretary PEARS ON7 S PAINTING, INC. -- - -- 2113 WA.SI-IINGTON ST. BLAIR, NE. 68008 PH. (402) 533-0961 FAX (402) 53.3-2078 DATE: 6-1145 ESTIMATING DEPARTMENT: RE: Main Street Green Metals WE ARE PLEASED TO QUOTE WORK. AT THE ABOVE REFERENCED PROTECT AS FOLLOWS: 'PER PLANS AND SPECIFICATIONS BY: SECTIONS: 09940 PAINTING nnt BASE BID.: $18000.00 AM Rq4 (ISGnt. f-at��S X100,0�'` 0 INCLUDES: Paint Labor and Materials. Sandblast and power tool prep, prime -coat and 2 finish. coats exterior urethane. EXCLUDES: Metal repairs, Welding. 7-0 to 1 MATERIAL TAX: Exempt PLEASE CALL WITH ANY QUES'T'IONS, RESPECTFULLY, ROBERT PEARSON PEARS -1 OP ID; AM CE TIFICA`TE F LIA ILS 1 SU CE DA Y, X COMMERCIAL -GENERAL LIABILITY CLAIMS -MADE L-] I OCCUR 01/2 1/21 01/1201201 5 THIS CERTIFICATE 1.3 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A_ CONTRACT BETWEEN- THE ISSU11IG INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND TILE CERTIFICATE HOLDER.- OLDER.IMPORTANT; IMPORTANT:If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Quinn Insurance, Inc, 11815 M Street, Suite 11200 Omaha, NE 68137-2232 Jason J. Quinn CONTACT ME' Amy BSOn NAM AICD PHONE _,:402-891-1234 FAX Ne ; 402-891-1252 E-MAIL amason@q!jinninsurance.com ADDRESS: @4. INSURERS) AFFORDING COVERAGE NAIC # INSURED Pearson painting Inc 2113 Washington St INSURER A:Le Mars Insurance Company 14389 INSURER 8: INSURERC: Blair, NE 68008 INSURER D: INSURERE: — INSURERF: �a,.,��n,..-... _---•—•------------ -- ' -- ,16- 1-1w,M Itl VVHQr_rN. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. (LTP TYPE OFINSURANCE �fffVtDDt UB POLICY EFF POLICY EXP BD VVVD POLICY NUMBER MhVDD1YYY fm DD LIMITS A X COMMERCIAL -GENERAL LIABILITY CLAIMS -MADE L-] I OCCUR CPR0838608 01/19/2015 01/19/2016PREMISES EACH OCCURRENCE $ 1,000,000 ea (Ea occurrence)$ 100,000 MED EXP (Any one person) S 5,00 — PERSONAL&ADV INJURY S 1,000,000 GEN'LAGGREGATE LIMIT APPLIESPER: POLICY ® JECT LOC GENERAL'AGGREGATE S 2,000,000 PRODUCTS - COMP/OP AGG S 2,000,00 OTHER: S A AUTOMOBILE , �� LIABILITY ANY AUTO ALL OWNED ISCHEDULED AUTOS AUTOS CLRO38608 01/19/2015 01/19/2016 COMBINED SINGLE LIMIT , 00 (Ea accident) S 1000, BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X HIRED AUTOS X NON -OWNED AUTOS I PROPERTY DAMAGE Peraccident S $ A NDED UMBRELLA LIAB EXCESS X OCCUR CLAIMS -MADE CXR838608 WC838608 01/1912015 01/19/2015 01/19/2016 01119/2016 EACH OCCURRENCE S 2,000,00 AGGREGATE S 2,000,00 I X I RETENTIONS 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N ANY OFFICERIMEMBER EXCLUDED? ECUTIVE ❑N/A (Mandatory in NH If Ees, describe under DSCRIPTION OF OPERATIONS below $ X STATUTE ER E.L. EACH ACCIDENT 500,000 E.L. DISEASE -EA EMPLOYEES 500,000 E.L. DISEASE -POLICY LIMIT $ 500,000 I I DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) TO WHOM IT MAY CONCERN ACORD 25 (2014d01) TOWHOMI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE W 1!JWJ-GU'14 ACOKL) CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Contract Change Order Number One Contract Name: Police Station Bollard Painting Contractor: Pearson Painting January 12, 2016 Contract Downtown Painting between Pearson Painting and the City of Blair, Nebraska, dated December 9, 2015 is hereby changed in the following particulars, to wit: Item Number A Sandblast and Paint Bollard at Police Station Building Lump Sum @ $900.00 By virtue of such changes in the contract, the following revisions shall be made in the Contract Price: Original Contract Price: $23,100 Contract Price as revised by Previous Change Orders: $0.00 Additions/Subtractions to this Change Order: $900.00 Revised Contract Price: $24,000.00 Contractor — Pearson Painting By: qk4C-' J='— City of Blair, Nebraska By. Due to the additions of the above work to this contract 0 Calendar Day(s) are added to this contract completion date. The number of calendar days for this project is now NA. Allen Schoemaker From: r eatdirtfamily@gmail.com Sent: <' t Friday, January 08, 2016 2:10 PM To: Allen Schoemaker Subject: Re: Blair Damage Reminder -Police Bollards, Unsafe Electrical Receptacle at Veterans Field Storage Bldg. That's total Sent from my Whone On Jan 8, 2016, at 1:35 PM, Allen Schoemaker <ars@cLblair.ne.us> wrote: Is that each or total? At From: Bob Pearson [mailto:bpearson(iilabbnebiaska coni] Sent: Friday, January 08, 2016 12:02 PM To: Allen Schoemaker Subject: RE: Blair Damage Reminder -Police Bollards, Unsafe Electrical Receptacle at Veterans Field Storage Bldg. Al, This price to sandblast and paint is $ 900.00 labor and materials. Thanks Bob Pearson From: Allen Schoemaker rmailto:ars(@ci.blair ne.us] Sent: Tuesday, January 05, 2016 2:03 PM To: Bob Pearson Subject: FW: Blair Damage Reminder -Police Bollards, Unsafe Electrical Receptacle at Veterans Field Storage Bldg. Bob, Please give me a quote for the sandblasting and repainting the bollards in front of the police station. If the price is agreeable, we will change order in the work to the contract for the downtown painting. Director of Public Works City of Blair 402.436-4191 ARS rt ci.blair.ne.ti From: Dean S. Fajen fmailto:dfaien(a)hgmonline.com] Sent: Monday, January 04, 2016 9:07 AM To: Allen Schoemaker Cc: Kimberly A. Bogatz Subject: Blair Damage Reminder -Police Bollards, Unsafe Electrical Receptacle at Veterans Field Storage Bldg. AI, Here's a picture of the rusted bollard at the Police Station to remind you to chat with Rod Storm about painting. Also attached is a picture of the unsafe Electrical Receptacle at the Veterans Field Storage Building to remind you to address this unsafe situation. Let me or Kim know if you have questions or need more help from us. Thanks. DCGtw Dean Fajen, PE, AIA Architectural Project Manager HGM Associates Inc 640 Fifth Avenue Council Bluffs, IA 51501-6400 Phone: (712) 323-0530 Ext 1012 Cell: (402) 677-2040 Fax: (712) 323-0779