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2023-14RESOLUTION NO. 2023- 14 COUNCIL MEMBER HAFER INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City previously approved a bid for the construction of a police storage garage by Harsin Construction at 1730 Lincoln Street on February 14, 2023. WHEREAS, after the Council approved the bid with Harsin Construction, Joseph's Coat approached the City for purposes of leasing space if an additional bay is built to accommodate their non-profit needs. WHEREAS, Harsin Construction has presented an updated bid for completion of a larger police storage garage with an additional bay at the west end. WHEREAS, said Contract with Harsin Construction is on file with the City Cleric and is acceptable to the City of Blair. NOW, THEREFORE, BE IT RESOLVED that the Agreement between the City of Blair and Harsin Construction, is hereby adopted and approved by the municipality and the Mayor and City Cleric of the City of Blair are hereby authorized and directed to execute the same on behalf of the municipality. COUNCIL MEMBER SCHANK MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER HAFER. UPON ROLL CALL, COUNCIL MEMBERS HIGHFILL, FERRARI, SANDVOLD, WILLIS, WOLFF, SCHANK AND HAFER VOTING "AYE" AND COUNCIL MEMBERS NONE VOTING `NAY", THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND APPROVED THIS 25TH DAY OF APRIL 2023. CITY OF BLAIR, NEBRASKA BY: ELINDA K. VtrdP, MAYOR ATTEST: BRENDA WHEELER, CITY CLERK IJN BRASKA ) ss: TON COUNTY ) BRENDA WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 25th day of April, 2023. BRENDA WHEELER, CITY CLERK 2 CONTRACT FOR BLAIR POLICE GARAGE COMES NOW, the City of Blair, a duly organized municipal corporation organized under the laws of Nebraska, hereinafter referred to as "City," and Harsin Built Construction, Andrew Harsin, 502 N. 23rd Street, Blair, Nebraska, 68008, hereinafter referred to as "Contractor," on this 2S day of Agri ( , 2023, do hereby agree to the following Contract, hereinafter "Contract," and conditions: Article One. On February 14, 2023, the Blair City Council considered two (2) bids for contractors desiring to complete the construction of the City of Blair Police Garage on city owned property located at: 1730 Lincoln Street, Blair, Washington County, Nebraska 68008, Legal Description BC Lots 20-30 Blk 45 114 PC 10 City Police Department, Washington County, Nebraska, a Tax -Exempt Property. The Blair City Council voted to approve the bid for Harsin Construction in the amount of $193,770.00, which represents a Change Order to the lowest bid received by the City Council previously in the amount of $131,245.00 which was adopted on February 14, 2023. A true and correct copy of the Harsin Built Construction bid is attached hereto and incorporated by reference as Exhibit A dated April 14, 2023 in the amount of $193,770.00. Article Two. The Contractor shall perform the service for the Detached Garage Build as outlined in his bid, Exhibit A, unless changes are approved in writing by the City Administrator. Any changes to the specifications as outlined in Exhibit A, shall be in writing and signed by both the City Administrator and the Contractor. The Contractor shall notify the City of any Sub -Contractor hired by the Contractor to perform any of the Contractors duties' and obligations under this Contract in writing, including the Sub -Contractors full name, business name, address, phone number, and email address. The Contractor shall notify the City of all building material suppliers and/or equipment suppliers in writing, including the building material suppliers and/or equipment suppliers name, business name, address, phone number, and email address. Article Three. The Contractor shall perform all work under this Contract in conformity and compliance with the City of Blair Building Codes as adopted by the Blair City Council and Nebraska Law. The Contractor further agrees to perform said work under the direct supervision of the City of Blair, or its designated representative, and in accordance with all local ordinances and state laws. Article Four. The Contractor hereby acknowledges and agrees that he has read the Equal Opportunity Clause attached and incorporated by reference as Exhibit B, and agrees to comply with all terms and conditions as outlined in Exhibit B. Article Five. The Contractor further agrees to pay for all materials, supplies, tools, fuels, lubricants, equipment, equipment rental, machinery insurance premiums, and services used by the Contractor or consumed in the construction of the work by Contractor or any of its Sub -Contractors, and for the payment of any laborers for the Contractor or any of its Sub -Contractors, and for all other claims filed against the Contractor or any of its Sub -Contractors in carrying out the provisions of this Contract. It is the duty and responsibility of the Contractor to furnish to the City all receipts for payments of materials and equipment and all lien waivers from any supplier, laborer, sub -contractor. The Contractor shall not do perform any work or furnish or obtain any materials not expressly authorized by this Contract and/or Exhibit A attached hereto, unless it is agreed upon by both the City Administrator and the Contractor in writing, in advance of the performance of work and/or furnishing or obtaining of materials. If the Contractor proceeds with performing work and/or furnishing or obtaining materials outside this Contract and/or Exhibit A, and without the express consent of the City Administrator in writing, it shall be at its own risk, cost, and expense, and Contractor hereby expressly agrees and understands that it shall not make any claim for compensation for any work done or any materials furnished under this paragraph. Article Six. The Contractor shall commence work and all work shall be completed within six (6) months, or September 30, 2023, whichever is sooner. Article Seven. In consideration for the work described in Exhibit A, the City will pay the Contractor the amount of $193,770.00, which was approved by the Blair City Council on April 25, 2023. Said payments shall be made by the City to the Contractor on a monthly basis based on the percentage of estimated work/ project completion as estimated and jointly agreed upon by the Contractor and the City Administrator. After the parties jointly agree upon the percentage of estimated work/ project completion, said Contractor shall furnish a payment request to the City no later than the third (3rd) business day of each month, which shall then be paid as part of the City's monthly claims at the first (1st) city council meeting of each month. However, notwithstanding these payment terms, upon completion of seventy-five percent (75%) of the work/ project and with twenty-five (25%) percent of the work/ project remaining, the City may withhold the final twenty-five (25%) percent payment of the contract until the Contractor furnishes lien waivers, in writing, to the City, for all materials, equipment, supplies, labor, and/or sub- contractors. Article Eight. The Contractor agrees and understands that no portion of this Contract or Exhibit A may be assigned to a third party without the express written consent of the City Administrator. Article Nine. The Contractor hereby agrees and understands that he shall furnish to the City proof of insurance coverage for the work to be performed and for any workers' compensation insurance necessary under federal and state laws. At this time, Harsin Built Construction has the required insurance through Hansen Thompson Insurance Agency on file with the City of Blair. The Contractor shall immediately notify the City of Blair in writing as to any changes in his insurance and/or cancellation of his insurance. Article Ten. This Contract is the complete agreement of the City and the Contractor and incorporates all terms and conditions of the agreement of the parties' hereto. THIS IS A LEGALLY BINDING CONTRACT AND THE PARTIES SHALL READ THE FULL CONTRACT BEFORE SIGNING. IN WITNESS WHEREOF, the City and the Contractor 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 ATTEST: i Ru p y of Blair Brenda Wheeler, City Clerk HARSIN BUILT CONSTRUCTION And Harsin, Owner Harsin Built Construction 503 N. 23rd Street Blair, NE 68008 (402)669-7656 Drew.harsiii@gmail.com STATE OF NEBRASKA ) ss. COUNTY OF N e-6 rusKc� ) Andrew Harsin, did appear before me on the 25 day of Aiprt' 1 , 2023, and hereby did acknowledge this Contract and affix his signature hereto, subscribing and swearing thereto, and in my presence. JGEN[RAL NOTARY 5tat� of Nebraska _ erIErInA R WHEELER Notary Public � ��: My Comm, Ex), June 20, 2024 y Harsin Built Construction 503 N 23rd St NE 68008 US 4026697656 drew.harsin@gmall.com Estimate ADDRESS City of Blair Police station garage SERVICE DESCRIPTION Detached Preliminary Estimate. Subject to change Garage Build Scope of work: 45'x36' Detached garage build - Existing concrete Around area of build to be cut and hauled away - Existing East light pole to be Removed by Fremont Electric. (too close to perimeter of building) - Footings to be dug and poured to code -Foundation walls to be blocked to approx. 1' above grade height -Garage will have a 4" poured smooth finish floor -Exterior walls to be framed 2x6 studs 16" o/c with 7/16" exterior wall sheeting -Roof trusses to be 5/12 pitch with the ridge running East/West. Roof sheeting to be 1/2" -Attic to be vented with soffit venting for intake and turbines as attic exhaust -Roof to be asphalt shingled (color tbd) -Exterior of garage to be vinyl siding (color tbd) - Windows and location tbd -A Steel walk in garage entry door to be framed in and set on the East side. - All Soffit and fascia to be Aluminum (color tbd) -East and West sides of garage to have 5" gutters with 3x4" downs. (color tbd) -Overhead doors to be a 1 0x1 0 value craft door. Insulated with no glass. Opener included. Color tbd -Finished ceiling height to be approximately 11' 6" to allow for 10' overhead doors -Overcut parking area to be graded and poured back to foundation upon completion. -Exterior of building to have 5 LED Wallpack lighting units to match existing on police station -Interior lighting to be 12 - 8' LED strip fixtures -Interior to be smooth finish drywall walls and textured ceiling unless otherwise desired with paint included -Interior trim to be a simple 1 x4 pine LAJ HARSIN BUILT CONSTRUCTION ESTIMATE # 1212 DATE 04/14/2023 QTY RATE AMOUNT 193,770.00 193,770.00 SERVICE DESCRIPTION -Walls to consist of Batt Insulation with an R21 rating while the attic will consist of blown in R-38 insulation -Garage to be heated with a 175,000 BTU Reznor hanging furnace. Gas line to travel along rear of existing building and be buried over to new garage. furnace to be vented out garage roof. Change Order Food Pantry Add on: -Construction concepts explained above to remain consistent. -15'x36' Bay to be added to the West end of original project -10' x10' Overhead door facing South to keep building uniform - Partition wall to act as Fire wall and be Sheeted to code, Ceiling to also be sheetrock - Attic to be blown in insulation to be a consistent attic space with remainder of building - Donation Drop off door to be included - North facing Double door to be included. No center pillar, panic bars and exterior keyless entry - North, West and South walls to remain unfinished QTY 1 _......._.........................._............_........... ............ ..... _.... I ........ ........ This is an estimate to complete the project explained above. Due to SUBTOTAL fluctuating material prices this estimate is good for 30 days from the TAX time it is sent and beyond that is subject to change. TOTAL Accepted By Accepted Date RATE WE ........... 193,770.00 0.00 $193,770.00 EXHIBIT B EQUAL OPPORTUNITY CLAUSE During the performance of this contract, the contractor agrees as follows: 1) The contractor shall not discriminate against any employee applicant for employment because of race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. The contractor shall ensure that applicants are employed and that employees are treated during employment without regard to their race, religion, color, sex, age, sexual orientation, gender identity, disability, or national origin. As used herein, the word "treated" shall mean and include, without limitation, the following: recruited, whether by advertising or by other means; compensated; selected for training, including apprenticeship; promoted; upgraded; demoted; downgraded; transferred; laid off, and terminated. The contractor agrees to and shall post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officers setting forth the provisions of this nondiscrimination clause. 2) The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, sexual orientation, gender identity or national origin, age, disability. 3) The contractor shall send to each representative of workers with which he has a collective bargaining agreement or other contract or understanding a notice advising the labor union or worker's representative of the contractor's commitments under the equal employment opportunity clause of the city and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4) The contractor shall furnish to the human rights and relations director all federal forms containing the information and reports required by the federal government for federal contracts under federal rules and regulations, including the information required, and shall permit reasonable access to his records. Records accessible to the human rights and relations director shall be those which are related to paragraphs (1) through (7) of this subsection and only after reasonable notice is given the contractor. The purpose of this provision is to provide for investigation to ascertain compliance with the program provided for herein. 5) The contractor shall take such actions with respect to any subcontractor as the city may direct as a means of enforcing the provisions of paragraphs (1) through (7) herein, including penalties and sanctions for noncompliance; however, in the event the contractor becomes involved in or is threatened with litigation as the result of such directions by the city, the city will enter into such litigation as is necessary to protect the interests of the city and to effectuate these provisions of this division; and in the case of contracts receiving federal assistance, the contractor or the city may request the United States to enter into such litigation to protect the interests of the United States. 6) The contractor shall file and shall cause his subcontractors, if any to file compliance reports with the contractor in the same form and to the same extent as required by the federal government for federal contracts under federal rules and regulations. Such compliance reports shall be filed with the human rights and relations director. Compliance reports filed at such times as directed shall contain information as to the employment practices, policies, programs and statistics of the contractor and his subcontractors. 7) The contractor shall include the provisions of paragraphs (1) through (7) of this section, "Equal employment opportunity clause," in every subcontract or purchase order so that such provisions will be binding upon each subcontractor or vendor. ��' , ® DATE (MMIDDIYYYY) 0419 CERTIFICATE OF LIABILITY INSURANCE F12127122 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS f 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, j 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 pollcles may require an endorsement, A statement on this aertiflcate does not Confer rights to the certificate holder In Ileu of such endorsement(s),.. PRODUCER CONTACT A E; __ HOWARD D THOMF'SON AGENCY INC JAI 001. E4'(402)426.4707 _ r lot: 402 426.4729 L 1712 Washington St EMAIAbpR�ss thompsonagency@abbnebraska,com Blair, NE 68008 INSURER(S)AFFORDINGCOVERAGE NAICII INSURED Harsirl Built Construction, LLC 503 N 23rd St. Blair, NE 66008 rnNrFGAr:Cc rrrarlKrrArr nllinnpr-P. 12F\/ISIr1N NIIMRFRI 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, ILS R TYPE OF INSURANCE ODL SUER POLICY NUMBER PMLOIp EFF PDIo4Y EX Y LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS•MAOE � OCCUR wr 6D46858 07115122 07116/23 EACH OCCURRENCE $ 1,000,000 DAMAGE O GE RENTED EtAISES (Ea ocaorrerlce). _ EX MEDP(Anyanepweon) $ 300 000 $ 5000_ PERSONAL& ADV INJURY $ _ 11000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY LT�0 1-1� LOG OTHER; GENERAL AGGREGATE $ 2,000,000 PRODUOTS.COMPIOPAGO $ 2,000,000 A AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY Auras HIRED NON OSWNED AUTOS ONLY AUTOS ONLY 6E46858 07116122 07115/23 coMBINED SINGLE LIMIT Ea accldenl) $ 1,000,QOQ BODILY INJURY (Par person) BODILY INJURY (Par accident) $ $ $ --• PeOeccRd©Y DAMAGE UMBRELLA LIAB EXCESS LIAB H_ OCCUR CLAIMS -MADE EACH OCCURRENCE $ " _ $ AGGREGATE DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXEOUTIVE YIN OFFICER/MEMBER EXCLUDE[ F] (Mandatory In NH) II yes, desadba under DESORIF ION OF OPERATIONS below NIA"' I PUTU ERH E,L, EACH ACCIDENT ""— $ EJ., DISEASE - EA EMPLOYE -- $ $ E,L, DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AGORD 1 at, Additional Rolnarlto Sohadulo, may be allaehod II mora space le requlrod) f ut3Y,oIn A'rcl Ur„ nun r.AGIrTR1 I ATMINA O 19882015 ACORD CORPORATION, All rights reserved, ACORD 25 (2010103) The ACORD name and logo are registered mal'Its of ACORD j SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE city of Blair THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 218 8 16kh St. ACCORDANCE WITH THE POLICY PROVISIONS, Blair, NE 68008 AUTHORIZEPREPRESENTATyE r� '� wr O 19882015 ACORD CORPORATION, All rights reserved, ACORD 25 (2010103) The ACORD name and logo are registered mal'Its of ACORD j