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2020-12-09 Brick Street RestorationContract This contract and agreement, made and entered into this December 9, 2020, by and between the City of Blair ("Owner"), and DMS, Inc ("Contractor"). WITNESSETH: That the Contractor, for and in consideration of the sum of $100,000 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 8, 2020, as outlined on the bid form. Final contract price will be determined by actual quantities and their unit prices for the project. 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 Bond, Certificate of Insurance, 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 By Mayor Richard Hansen ATTEST: City Clerk CO UZ ATTEST: OsOcr tary o = °o V a) cr -P 0 CLn m m CD o est p" C Co V a) cr -P W m EF E O rh o est V ' h, so t`v 1-� CD Co V a) Ln -P W O rh est V ' a' —n La 0 (n - 2L o LD ' (D n �--� rt ((D 0. voi 1= c m iC)Dd c 5 ° ° 0 .-t -I V n [ m rf < v, = "aa (D m 3 CD d7 =� cn o0 "D (�D Q o rtfu O . 3 m N -t r `C n a w o a co Ln 1-1 W N O In N N r D N N N -< W m m OW adm o �z� <0 a c O 0 F� O z rh est V ' uj Q W m m OW adm o �z� <0 a c O 0 F� O z est V ' uj W m m OW adm o �z� <0 a c O 0 F� O z rno.,fii• anrvi nMSI Al ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 1 12/18/2020 THIS CERTIFICATE IS 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 ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER INSPRO Insurance, Inc. CONACT NAME: Marcia Fidler A No, Ext : 402 333-5700 A No): 402 333-0633 12329 Southport Parkway Ste 100 E-MAIL p ADDRESS: mfidler@ Ins roins.com LaVista, NE 68128 402 333-5700INSURER INSURER(S) AFFORDING COVERAGE NAIC If A: Employers Em to ers Mutual Insurance 21415 INSURED Divine Mowing Service Inc. dba DMS Landscaping 26020 West Center Rd Waterloo, NE 68069 INSURER B: INSURER C INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR 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. LTR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER POLICY EFF MM/DDY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR X X 6D17419 03/01/2020 03/01/2021 EACH OCCURRENCE $1,000,000 PREAIBESOEa oNcu"an.)$ 500,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [ X1 ECT LOC OTHER: GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED X AUTOS ONLY FX AUTOS ONLY X X 6E17419 3/01/2020 03/01/2021 COMBINED SINGLE LIMIT 1,000,000 Ea accident BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X BIR IAB EXCESS LIAB X OCCUR CLAIMS MADE 6J17419 0310112020 03/01/2021 EACH OCCURRENCE $5000000 AGGREGATE $5 OOO OOO DED I X RETENTION $O $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? � (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A X 6H17419 3/01/2020 03/01/2021 STATUTE OTH- E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) City of Blair 218 S 16th St Blair, NE 68008 ACORD 25 (2016/03) 1 of 1 #S1329065/M1232788 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 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD MMFI