Contract - Street Improvements (East Lake Estates)
~-!-=-: .~.
. .
CONTRACT
THIS AGREEMENT, made and entered into this
6th
day of
Aprll , 191. by and between EAST LAKE ESTATES
HOHEOWNERS ASSH. First Party,
hereinafter referred to as the "Owner" and BROWN & BROWN. INC.
, Second
Party, hereinafter referred to as the "Contractor."
WITNESSETH:
ARTICLE 1. It is hereby mutually agreed that for and in con-
sideration of the sum or sums to be paid the Contractor by the
Owner, as set forth in the adcepted Proposal and in accordance with
the provisions of the "General Clauses," the said Contractor shall
furnish all labor, equipment, accessories and material and shall
perform all work necessary to construct and complete the improvements
in a good, substantial and workmanlike manner; ready for use and in
strict accordance with the contract drawings and specifications, as
approved and filed pursuant to law in the office of the legal repre-
sentative of the Owner.
ARTICLE 2. It is hereby, further agreed that in consideration
of the faithful performance of the work by the Contractor. the
Owner shall pay the Contractor the sum or sums due him, by~eason
of said faithful performance of the work, at stated intervals and
in the amounts certified by the Engineer; in accordance with the
provisions of the "General Clauses," and as set forth in the pro-
posal as accepted by the Owner.
ARTICLE 3. It is hereby further agreed that at the completion
of the work and its acceptance by the OWner, all sums due the Con-
tractor by reason of his faitnful completion of the work; taking
into consideration additions to or deductions from the contract
price by reason of alterations or modifications of the original
contract, or by reason of "Force Account" work authorized under
the contract in accordance with the provisions of the "General
Clauses;" will be paid the Contractor by the Owner within 30 days
after said completion and acceptance.
ARTICLE 4. It is hereby" further agreed that the words "he"
or "him" wherever used herein ,as referring to the Contractor shall
be deemed to refer to said Contractor whether a corporation, partner-
ship, or individual; and this contract and all covenants and agree-
ments there'of. shall be binding, upon and for the benefit of the
heirs, executors, administrators, Successors and assigns of said
Contractor. .'
/
C-l
,
ARTICLE 5. .. I t is hereBy further agreed that any reference
herein to the "Contract" shall include all contract documents as
specifically set out in the ."General Clauses," and thereby made
a part of this agreement to the same extent as if set out at
length herein.
,.
IN WITNESSETH WHEREOF, the First Party and the Second Party,
respectively, have caused this agreement to be duly executed in
triplicate the day and year first herein written, all copies of
which to all intents and purposes shall be considered the original.
CONTRACTOR, SECOND PARTY
BROHlJ & BRCMN. ING.
By ~6-t.P~. ~~
.c::; 0 L - --c-~ n t:'~.
,(Office or position of signer)
Seal -- if Contractor be a corporation
J
OWNER, FIRST PARTY
A'rES HOMEOWNER S ASSN.
---
I"
\/ .....
A'ttest:
)
0.,.2
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
OF
Brown & Brown. Inc.
Salina, Kansas
As principal, and .lestern Casualtv and Suretv CompartY
a corporation, organized under the laws of the State of Kansas
with general offices in Ft. Scott. Kansas
and authorized to
transact business in the State of Kansas as surety, are held and
EAST LAKE ESTATES
firmly bound unto the Owner, HOMF.OV1NERS ASSN. , in the penal
40/100
sum of ninAteAn thousand four hundred eighteen & dollars ($ 19.u.1 &.40)
lawful money of the United States for the payment of which sum, well
and truly to be made, said principal and surety bind themselves, their
heirs, administrators, executors, successor and assigns, jointly and
severally, firmly by these presents.
Signed, sealed, and delivered this
6th
day of April
19..7lL..
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal'has entered into a written contract with the Owner, EAST
LAlill :O;STATES H011EOHHERS ASSN. dated Aprn 6, , 191,
for the furnishing of all materials and labor and doing of all the
work of whatever kind necessary to construct certain
street improvements for the said
Owner, all in accordance with the detailed drawings and the specifica-
tions for such work on file in the office of the Owner; and in accor-
dance with said contract a copy of which is, or may be, attached
hereto and which is by reference made a part hereof.
NOW THEREFORE, if said principal shall well and truly perform all of
the covenants, conditions, and obligations of said contract on the
part of said principal to be performed; and shall hold the Owner
harmless against all claims, lQss, or damage which it may sustain or
suffer by reason of any breach of said contract by said principal,
or by reason of an injury to persons or property occasioned by the
action of said principal or his employees; and if said principal shall
maintain the improvements to be constructed by him as provided for in
said contract above referred to; then this obligation shall be void;
otherwise to remain in full force and effect.
PB-l
-
The said surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration, or addition
to the terms of the contract, or to the work to be performed there-
under, or the specifications accompanying the same shall in any
way affect its obligations on this bond; and it does hereby waive
notice of any such change, extension of time, alteration, or add-
ition to the terms of the contract, or the work, or the specifica-
tions.
IN TESTIMONY WHEREOF, said principal has duly executed these pre-
sents, and said surety has caused these presents to be executed
in its name and its corporate seal to be hereunto affixed by its
duly authorized agent or agents, all as of the day and year first
above written. This document is executed in triplicate.
Brown & Brown. Inc.
~~ O-R~.~
Principal
~~~
Surety
By
Attorney-in-fact
(A certified copy of the agent's power of attorney must be attached
hereto. )
PB-2
~
STATUTORY BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
of
Brown & Brown. Inc.
proincipal and
Salina. Kansas
Western Casualty and Sure tv Company
a corporation organized under the laws of the State of Kansas
with general offices in Ft. Scott. Kansas and
authorized to transact business in the State of Kansas as Surety; are
held and firmly bound unto the State of Kansas in the penal sum of
nineteen thousand four hundred ei~hteen and hO/100----___________
dollars ($ 19.h18.ho
) lawful money of the United States;
for the payment of which sum, well and truly to be made, said prin-
cipal and surety bond themselves, their heirs, administrators,
executors, successors and assigns, jointly and severally, firmly
by these presents.
Signed, sealed, and delivered this
6th
day of April
19.1lL.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal has entered into written contract with the Owner EAST LAKE
ESTATES HOHEOHNEHS ASSN dated April 6, , 19~, for the fur-
nishing of all materials and labor and doing all the work of whatever
kind necessary to construct certain
street improvements for the Owner; all in
accordance with the detailed plans and specifications for such work
on file in the office of the Owner; and in accordance with said
contract, a copy of which is by reference made a part hereof.
NOW THEREFORE, if the said principal, or the subcontractor or sub-
contractors of said principal, shall pay all indebtedness incurred
for supplies, materials, or labor furnished, used, or consumed in
connection with, or in or about the construction or making of, the
above described improvement; including gasoline, lubricating oils,
fuel oils, greases, and similar items used or consumed directly in
furtherance of such improvement; this obligation shall be void;
otherwise, it shall remain in full force and effect.
SB-l
,---------------
,
The said surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition
to the terms of the contract, or to the work to be performed there-
under, or the specifications accompanying the same, shall in any
way affect its obligations on this bond; and it does hereby waive
notice of any such change, extension of time, alteration or add-
ition to the terms of the contract, or to the work, or to the
specifications.
IN TESTIMONY WHEREOF, said principal has duly executed these pre-
sents, and said surety has caused these presents to be executed
in its name, and its corporate seal is to be hereunto affixed, by
its duly authorized agent or agents, all as of the day and year
first above written.
Brovm & Brown. Inc.
~ ...JLf(Jl, (3~
Principal
Western Casualty and Surety Company
^-f'-=~
('j "'-....J ~.~
urety
By
Attorney-in-fact
(A certified copy of the agent's power of attorney must be attached
hereto.)
(To be filed with the Clerk of the District Court.)
SB-2
""
.
t
"
PROPWAL
TO: F.A~t T ,1ke Estates
H("'f1"tpnwnPT~ A~.c:m
Gentlemen:
The undersicned hereby certifies that he has carefully examined
the drawings, specifications, and other contract documents; has
fully investigated the location, character, and extent of the work
to be done and tho materials to be furnished in connection with the
construction of the Strf'et IlIIDrOVEm>nts
,
'He further certifies thnt he is fami111lr wi h the type of construe io;
~/ork involved throughout tha scope of tho project and understands tha'
1n 31ening this proposal, he waives all right to plead any misunder-
standing regarding Sllme,
1, The undersigned proposos to furnish all tools, appliancea,
oquipmont, mn torillls, and labor required to complete the con-
struction in a thorough, workmanlike, and satisfactory manner
in accordance with the drawings, speCifications, and contract
documents, for the followine prices,
ALTERNATE II
ASPHALT PAI/EMENr
ITEM UNIT
!-!O. DESCH IPTI01I QUANTITY UNIT PRICE TOTAL
- -
l. Unclassified Excavation 1134 C.Y. $;l"~ $ .;l~, V. <10
2. Carpacted Fill 590 C.Y. ~'?; 11f'<l.d~
3. C.M.P. 15" x 33' 1 Each 4 <!o ,,!! 4dd.(!r.
4. C.M.P. 15" x 31' 1 Each -4 (~dl O! 4t1 C, ~o
5. C.M.P. 18" x 29' 1 Each 4.::z.<; ~.;' 4;z~(!1I
6. Reinforced Concrete Pavt. , 611 0 S.Y. -C!. - - 0 '
7. Asphalt Pavement, 8" 1692 S.Y. frLS f1... ?.:l d."""
8. Water 1 L.S. 25.00
1UI'AL BID PRICE (ALTERNATE II) $ /9 4/1 tJ,o
.
P-3
"\
. .
. .
\ . '. :
2. Th~ un~n~sicned nnticip8tos thAt materials and
e~uip~ont will be on hRnd nt tho site in sufficient
c;u3ntities to commence construction on h'1""y I ,
197...8...; nnr] thlJ completion of thlJ construction, ready for
ucceptLlncc, will require 1.:/0 cl.llenr!nl" days of tel"
the" 9S0Vf! II'l tg of S9t~J11il.n-Gemo_nt. C . L~,"TIf..... (.~ ""HI~
<...:. ill\ P'vc..."TI~I"'" c..F \oV02t-ruo.. tit W..."\';TfiW,,,.-r'l'ol. c.._ (>l2.eJ"G<T.
,
I
II
I'
I
i
!
3. In evnluntine bids for oward of contract, the owner
rony take into account the proposed stnrtinG date and
indicntod durntion of construction, toecther with their
effect upon t)HJ totol cost of the project.
4. Tho undorsigned LlcknowledEos receipt of the following
a ddend'l:
-),n ~~
Sic:;ned thi:: <2[?'C
dny of fJ1412. C 1-1
, 197~.
BIDDEn: '"812.(, w.\) i B/20'-i'v, 7......c.
ADDTISS3: 1'. (l. Bell< \ L. ~ "/~A-U"'~I(CS
"'l~OI
BY: -:1M~~1) fS~
TITLE:
~-' - -r- {),~.
I
1
I
I
,
'I
I,
II
II
:1
il
!I
'I
:1
Ii
11
II
r:
: J
,
i
,
P-4