Contract - Street Improvmennts 1978
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CONTRACT
THIS AGREEMENT, made and entered into this
22Dd
day
of
v.......h
, 19~, by and between EAST LAKE
ESTATES HmmOvmERS ASSN. First Party, hereinafter referred to
as the "Developer" and SMOKY HILL. 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
Developer, as set forth in the accepted 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 representative of the Owner.
ARTICLE 2. It is hereby further agreed that in consideration
of the faithful performance of the work by the Contractor, the
Developer shall pay the Contractor the sum or sums due him, by reason
of said faithful performance of the work, at stated intervals and in
the amounts certified by the Engineer; in accordance with the pro-
visions of the "General Clauses," and as set forth in the proposal as
accepted by the Developer.
ARTICLE 3. It is hereby further agreed that at the completion
of the work and its acceptance by the Developer, all sums due the
Contractor by reason of his faithful 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 Developer within 30 days after said com-
pletion 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, part-
nership or individual; and this contract and all covenants and
agreements thereof shall be binding upon and for the benefit of the
heirs, executors, administrators, successors and assigns of said
Contractor.
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ARTICLE 5. It 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
4 copies on the day and year first herein written, all copies
of which to all intents and purposes shall be considered. the
original.
CONTRACTOR, SECOND PARTY
BY";e';?? f ~~
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(0 ~ce or pos tion of signer)
DEVELOPER, FIRST PARTY
ATTEST:
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ASSN'.
Secretary
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PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
Smokv Hill. Inc.
of
Salina. KB
principal and
V"au,.., t'!DtI'I'I1I1 V & Surat:v
a corporation, organized under the laws of the State of
Kansas
with general offices in J'ort. Sllott. KB
and authorized
to transact business in the State of Kansas as surety, are held and
firmly bound unto the owner, CITY OF SALINA. KANSAS
in the penal sum 'oftwentv-five thousand two hundred thirty-one & 9~/100
dollars ($2~.231.95
) 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 22Dd
day of March
19 78--.
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal has entered into a written contract with the Developer,
EAST LAKE ESTATES HOMEOvlNERS ASSN. dated ,March 22 ,
19~, for the furnishing of all materials and labor and doing of
alr-wDrk of whatever kind necessary to construct certain ~ater & waste-
water collection improvements for the said Owner, all Ln
accordance with the detailed drawings and the specifications for such
work on file in the office of the Owner; and in accordance 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, loss or damage which it may sustain or
suffer by reason of any breach of said contrajt 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.
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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 addi-
tion 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 h copies.
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Rmnlnr JI:ill. Inc.
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Western Casualty lit Surety
Surety
BY
YL'H)9~
AttorneY-1n act
Thomas s. lloy's~r
(A certified copy of the agent's power of attorney must be
attached hereto.)
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STATUTORY BOND
KNOW ALL MEN BY THESE PRESENTS, THAT
of
Smok;y Hill, .Inc.
Salina, 1!8
principal and
Westem Casualty & SUrety
a corporation organized under the laws of the State of
Kansas
wi th general offices in Fort Scott, 1!8
and authorized to
transact business in the State of Kansas in the penal sum of twenty
five thousand two hundred thirty-one and 95/100
dollars ($ 2'.>.211.9'.>
) lawful money of the United States; for the
payment of which sum, well and truly to be made, said principal and
surety bond themselves, their heirs, administrators, executors,
successors and assigns, jointly and severally, firmly by these
presents.
Signed, sealed, and delivered this
19 78
, ----
2?nd
day of
March
THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said
principal has entered into written contract with the Developer, ____
EAST LAlill ESTATES HOME ' 'RS ASSN
ate " or t e urn1S 1ng 0 a mater a s
and labor and doing all the work of whatever kind necessary to con-
struct certain water & wastewater collection improvements for
the Owner, C T' OF SALINA KANSAS all in
accordance W1t the eta1 e pans an spec1 1cat10ns or suc 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 of subcon-
tractors of said principal, shall pay all indebtedness incurred for
supplies, materials, or labor furnished, used, or consumed in connec-
tion 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 fur-
therance of such improvement; this obligation shall be void; other-
wise, it shall remain in full force and effect.
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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.
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VA............ r.........'l & An.....v
urety
By
Y~e'2jZt6
Thomas s. Ro,rster
(A certified copy of the agent's power of attorney must be attached
hereto.)
(To be filed with the Clerk of the District Court.)
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POWER OF ATTORNEY
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The Western CasualtY and Surety Company
. HOME ornCE 1 rORT SCOTT, KANSAS
KNOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation
of the State of Kansas, having its principal office in the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the
Stockholders of the said Company on December 2, 1953, to-wit: . ~. .
.Section 27. RESIDENT OFFICERS AND ATTORNEYS-IN-FACT. The president, any vice president or the secretary shall have power and
authority to appoint resident vice presidents, resident assistant secretaries and attorneys-in-fact, and to give such appointees full power and au.
thority to make, execute and deliver in the name and on behalf of the corporation, bonds, recognizances, contracts of indemnity and other under-
takings and writings of obligatory natule, and to affix thereto the corporate seal of the corporation. The president, any vice president or the
secretary shall also have power at any time to remove and revoke Hie authority of any such appointee.-
does hereby nominate. constitute and appoint Ir-
Loran Slaughter or Richard J J Anderson or L. E.
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or H. L. Glover or Frank L. Barbee or Dennis E.
Thomas S. Royster, I:of Salina, Kansas
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.Shottenkirk
Poer or
its true and lawful agent(s) and Attorney(s)-in-Fact, to make, exec~te, seal and deliver for and on its behalf, as Surety, and as its act and deed:
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Any and all bindS and undertakings.
Provided, No ,'uthority is extended for
the execution of Open Penalty Bonds.
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And the execution of such bonds or undertakings in pursuance J these presents.' shaH be as binding upon said Company, as fully and amply,
to all intents and purposes, as if they had been duly executed and aeknowledged by the regularly elected officers of the Company at its offices in
Fort Scott. State of Kansas, in their own proper persons. _ i: .
The followmg Reso\ution was adopted at the Quaftetly Meeting of the Boald of .Ohectors of The Western Casualty and Surety Company, held
on the 10th day of November, 1970: Ii
"RESOLVED, That the. signat~res of officers Of the Company and ithe seal of the Company may be afflx~d by facsimi I.e ~o an.y Power of. Attor~ey
executed in accordance With SectIOn 27 of the Company Bylaws;andlthat any such Power of Attorney bearing such faCSImIle slgnatlJ"es, includIng
the facsimile signature of a certifying Assistant Secretary, and facsimile seal shall be valid and binding upon the Company with respect to any
bond, undertaking or contract of suretyship fn which it is attached:jl
All authority hereby conferred shaJlremain in full force and effect untit terminated by the Company.
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IN WITNESS WHEREOF, THE WESTERN CASUALTY AND SURE'TY COMPANY has caused these presents to be signed by its Vice-President,
and its corporate seal to be hereunto affixed this ................~~n.:<:l...J........................................ day of ......J.uly....................................... ,1916...........
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. THE WESTERN CASUALTY AND SURETY COMPANY
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On this.........22nd.day Of.........................July................:.. A. D~.19..76 .. before the subscrIber, a Notary Public in the-State of Kansas in
b d I . . . d d I.. 'I v. J~ O'Gorek, Vice President
and for the County of Bour on. u y commlSSlone an qua Ifled, came ................................................................................................ of THE WESTERN
CASUAL TV AND SURETY COMPANY, of Fort Scott,. Kansas to me personally known to be the individual and officer described in. and who exe-
cuted the preceding instrument, and he acknowledged the execution of the same. and being by me duly sworn, deposeth and saith, that he is the
officer ofthe Company aforesaid, and that the seal affixed to the precE!ding instrument is the corporate seal of said Company, and the said corporate
seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, and
that Bylaw, Section 27, adopted by the Stockholders of said Company, referred to in the preceding instrument. is now in force.
IN TESTIMONY WHEREOF. I have hereunto ~et my hand andl'affixed my official seal at the City of Fort Scott. the day and year first above
written, . \I! M _
My appointnent expires September 5, 1980 , \:\.\,UBLIO/.\'1
r Notary Public. \.s .n1 ~7
F. C, McCurley .Ii '"""~,~.",,,....
I, ........................................................................................................, ASSIStant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY, do
hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN CASUAL TV AND
SURETY COMPANY, which is sUII in full forcea."d effect. I .
IN WITNESS WHEREOF, I have Signed thiS certifICate at Fort Scott,' Kansas, thiS ................................................... 22..........................day of
.HIm~.............................., 19......7!L.... ~ efr;.~
I~ Assistant Secretary.
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FORM FS SB90-R3
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PH a P a.'M I.
TO: East Lake Estates
Haneowners Assn.
Gentlemen:
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The undersiGned hereby certifies that he has carefully examined
the drawinGs, specifications, and other contract documentsj has
fully investiga ted the loentio'n, chnrl1cter, and extent of the work
to be done a nd tho PlIl te ria Is to be furnished in connection with the
construction of the Water and Wastewater Collection.!rnpJ:OVanents
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Poc further certifies that he
Hork involved throughout the
in signing this proposal, he
standinG rcgarding same,
ITEM
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2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
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is familiar wi h the type of construction
scope of the project and understands that,
waives all right to plead any misunder-
1. The undersiGned proposes to furnish all tools, appliances,
oquipmont, matori(tls, and labor required to complete the con-
struction in s thorough, workmanlike, and satisfactory manner
:n accordance with the dravlings, sPocifications, and contract
documents, for the following prices.
PART I
WASTEwATER COlLECTION IMPRDVE11ENrs
DESCH IP'rrOil
Trench & Backfill 8'-10'
Trench & Backfill 10'-12'
Trench & Backfill 12'-14'
8" Sanitary Sewer
Special Trench Compaction
Standard Manhole
Extra Depth Manhole
8" x 8" x 4" T~e
Connect to existing Manhole
Regrade existing Manhole
4" "Sanitary Sewer .
Water
QUANTITY
150
140
411
701
636
3
18
7
1
1
171
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TOTAL BID PRICE (PART I)
P- 1
UNIT
PRICE
$ Z,3P
7.1('7
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<!: ~. 00
.?-g,t!) 0
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25.00
$/'3)3.1<<.(').5 ,./
UNIT
-
L.F.
L.F.
L.F.
L.F.
L.F.
Each
L.F.
Each
Each
Each
L.F.
L.S.
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TOTAL /; , I
$ 3~.5.()o/, ,
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2, The uo(1orsiEnod nnticiplltc3 thRt materials and
c~uip~not will be on hand Ilt the 8ite in SUfficienJ~
(iuc'ntitiez to comJl1en~e construction on Jl'lnp.- 1_ I
197.iLi "0(1 thlJ comple tion of th0 construction, ready for
uccept<Jnct!, will require </.1::; calenollr days after
t'le' above rJnte of cornmencemonT.
3. 10 ev"lu,~tine bids for OwaI'd of contract, the o\orner
m"y tn~e into account the proposed startina date and
indicated dur3tion of construction, together with their
offect upon tho total cost of tho project.
4. The llnrlersienco <JcknowlcdCo:) receipt of the following
['rldenc),] :
.
Sisned this
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r1rly of
BY:
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BIDDi,n '
ADDnS,':3::J :
'rITLE:
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PROPQ;>AI.
TO: East Lake Estates
!lcJrneowners Assn.
IJentlcmen:
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Thc undersicned hereby: certifies that he has carefully examined
the draWinc;:], :Jpccification's, onel other contract documents; has
fully investigated the locR,tion, 'character, and extent of the work
to be done and tho materials to be furnished 1n connection with the
construction of the WAter Jnd Wastewater Collection Im:>rov€lTErlts
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Foc further certifies that he
Iolorlc involved throughout th~
in si~ning this proposal, h~
standing regarding same.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
is familiar with the type of construction
scope of the project Bnd understands that,
waives all right to plead any misunder-
QUANTITY UNIT
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772 L.F.
.145 Tons
190 L.F.
1 Each
2 Each
9 Each
9 Each
162 L.F.
1 Each
1 L.S.
I
6" C. 1. Pipeline, in Plade
C.1. Fittings, in Place I:
Copper Service Lines, 1" I,
Gate Valve, 6" "
Fire Hydrants Assembly i
Corporation Stops, 1" 1
Curb Shutoff Valve & Box,: 1"
Special Trench Canpactionl
Connect to Existing Water,' Line
Water I
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TOTAL BID PRICE (PART II)'
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$
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2. 'rhp. IJndcrsi(jned fl,nticipqtf.J3 thAt materials and
eC!uipmflnt Hill be on ,hAnd flt thfJ site in syfficient f
<:;u1ntiticz to commence construction on .-J{)ne IS,
197~; nn.] the cornplc1,tion of th0 construction, ready for
accepttlnce, will rcqu"il'e a.5 calendllr days after
ti,e sbove date of commencement.
3. In ev,1l'18tine bids for award of contract, the o.mer
rn1y toke into occolJn~ the proposed starting date and
indicated durotion o~ constr~ction, together with their
effect upon thc totall' cost of the pl'oject.
4. Tho llndersie;ncd D,cknowledt;c:J receipt of the following
3 ddend>l :
.
Sisned thi3
???d
r1.1y of
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BIDDEn:
BY:
TITLE:
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