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Labor & Material Payment Bond THE AMERICAN INSTITUTE OF ARCHITECTS I:J . , AlA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT BOND #4574707 KNOW All MEN BY THESE PRESENTS: that BOB FLORENCE CONTRACTORS, INC ~ (Here in,ert lull name and addren or lel.llllle of ConlflClorl 1934 So. Kansas Avenue Topeka, Kansas 66612 as Principal, hereinafter called Principal, and, HARTFORD ACCIDENT & INDEMNITY COMPANY (Here in,erl full name and addren or legallille of Surely) P.O. Box 2927 Shawnee Mission, Kansas 66201 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF SALINA, KANSAS (Here in~rt full n.me .nd .dd'en or lel.tulle of Owner) City-County Building 300 W. Ash, Salina, KS 67401 as Obligee. hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined. in the amount of FIVE THOUSAND SIX HUNDRED TWELVE DOLLARS AND 50/100------- (Here imert . sum equ.l to .1 Ieul one-h.1I of the conlr.CI price) Dolla rs ($ 5, 612 . 50 ), for the payment whereof Principal and Surety bind themselves, their heirl' executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, BOB FLORENCE CONTRACTORS, INC. Principal has by written agreement dated May 20th, 19 8J entered into a contract with Owner for <<Here inserl full name. .ddren and descriplion of project) wall rehab (stucco work) downtown redevelopment in accordance with Drawings and Specifications prepared by lHere inserl full name .nd addren or lei' I tille 01 Archilect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT 10311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA 4!> FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS. 173S N.Y. AVE., N.W., WASHINGTON. O. C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW, THERHORE. THE CONDITION Of THIS OBIIG....TlON i~ ~uch that, if Principal shall promptly make payment to all c1aimant~ as hereinafter defined, for all labor and material used or rea~onably required for u~e in the performance of the Contract, then thi~ obligation shdll be void; otherwi~e it shall remain in full force and effect, ~ubject, however, to the fol- lowing conditions: ,. ^ claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both. used or reasonably required for use in the performance of the Contract. labor and material being comtrued to include that part of water. gas, power, light, heat, oil. gasoline. telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who ha~ not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor wa~ done or performed, or materials were furnished by such claimant, may ~ue on this bond for the u~e of such claimant. pro~ecute the suit to final judgment for ~uch sum or ~ums as may be justly due claimant, and have execution thereon. The Owner ~hall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unle~s claimant, other than one having a direct contract with the Principal. shall have given wntten notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or lahor, or furnished the la~t of the materials for which said claim is made, stating with substantial Signed and sealed this 1st day of June 19 87 (Wiln('\\) ~ d Ql >:; t,;) .,-j Ql H <D +> B o ::.;, accuracy the amount claimed and the name of the party to whom the materials were furni~hed. or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; po~tage prepaid. in an envelope ad. dressed to the Principal. Owner or Surety. at any place where an office is regularly maintained for the trans. action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal cea~ed Work on ~aid Contract, it being understood, however, that if any limitation em- bodied in thiS bond i~ prohibIted by any law controlling the comtruction hereof such limitation ~hall be deemed to be amended ~o a~ to be equal to the minimum period of limitation permitted by ~uch law. c) Other than in a ~tate court of competent juri~diction in and for the county or other political subdivi~ion of the state in which the Project, or any part thereof, i~ situated, or in the United State~ Di~trict Court for the di~trict in which the Project. or any part thereof, i~ sit- uated. and not el~ewhere. 4. The amount of this bond ~hall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record again~t said improvement. whether or not claim for the amount of ~uch lien be pre~ented under and agaimt this bond. BOB FLORENCE CONTRACTORS, INC. \, (SP.I, It&- I!~ ACCIDENT & INDEMNITY COMPANY I (SUfl'Iy) CSt-.I) BY CJm~ d L~'\. (l ITi 1If') c:; Brenda Linze Attorney-in-Fact 10\: OCUMENT A:Jl1 . I'[KH>RMANCE BOND ....ND LABOK AND MAHKIAl rAYM(NT ~()ND . AlA e f BKU....KY 1'170 (D.' TH( ....MERICAN INSTITUTE Of ....RCHITECTS, 17 jc; N.Y. ....VE.. NW., WASHINC.TON, D. C. 20(l()(. 4 .. HARTFORD ACCIDENT AND INDEMNITY COMPANY Hartiord. Connecticut 360278 POWER OF ATTORNEY Know all men by these Presents, That the HARTFORD ACCIDENT AND INDEMNITY COM- PANY, a corporation duly organized under the laws of the State of Connecticut, and having iis principal office in the City of Hartford, County of Hartford, State of Connecticut, does hereby make, constitute and appoint BRENDA LINZE and SUE CAMARILLO of KANSAS CITY, MISSOURI; ROGER FEASTER of LEE'S SUMMIT, HISSOURI; DALE A. GEBAUER of RAYHORE, HISSOURI; HANDA LUMPKINS of KANSAS CITY, Kfu'<SAS; W. G. DUMPER of OVERLAND PARK, KANSAS; J. R. THOMPSON and QUENTIN G. BRINKWORTH of PRAIRIE VILLAGE, KANSAS; JAY R. WARNER of STANLEY, KANSAS; DANIEL D. WALDORF of LEAWOOD, KA11SAS; and STEVEN M. LA}lGE of FAIR1JAY, KANSAS its true and lawful Attorney(s)-in-Fact, with full power and authority to each of said Attorney(s)-in-Fact, in their separate capacity if more than one is named above, to sign, execute and acknowledge any and all bonds and undertakings and other writings obligatory in the nature thereof on behalf of the company in its business of guaranteeing the fidelity of persons . holding places of public or private trust; guaranteeing the performance of contracts other than Insurance poliCies; guaranteeing the performance of insurance contracts where surety bonds are accepted by states and municipalities, and e!.:cuting or guaranteeing bonds and undertakings required or permitted in all actions or proceedings or by law allo~t!_d, ---------------------------------~~~~~~~~--~~~~~:=~:_---------------------------- and to bind the HARTFORD ACCIDENT AN'CfINDEMNITY COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the HARTFORD ACCIDENT AND INDEMNITY COMPANY and sealed and attested by one other of such Officers, and hereby ratifies and confirms all that its said Attorney(s)-in-Fact may do in pursuance hereof, This power of attorney is granted by and under authority of the following provisions: (1) By-Laws adopted by the Stockholders of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 10th day of February, 1943, ARTICLE IV SECTION 8. The President or any Vice-President, acting with any Secretary or Assistant Secretary, shall have power and authOrity to appoint, for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, one or more ,Resident Vice- Presidents. Resident Assistant Secretaries and Attorneys-In-Fact and at any time to remove any such Resident Vice-President, Resident ASSIstant Secretary, or Attorney-in-Fact, and revoke the power and authority given to him. SECTION 11. Attorneys-in-Fact shall have power and authority, subiect to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company thereto any and all bonds and undertakings, and other Writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested by one other of such Officers. (2) Excerpt from the Minutes of a meeting of the Board of Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY duly called and held on the 11th day of June, 1976: RESOLVED: Robert N. H. Sener, Assistant Vice-President and Thomas F. Delaney, Assistant Vice-President, shall each have as long as he holds such office the same power as any Vice-President under Sections 6, 7 and 8 of Article IV of the By-Laws of the Company. This power of attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Directors of the HARTFORD ACCIDENT AND INDEMNITY COMPANY at a meeting duly called and held on the 6th day of August, 1976, RESOLVED, That, whereas Robert N. H. Sener, Assistant Vice-President and Thomas F. Delaney, Assistant Vice-President, acting with any Secretary or ASSistant Secretary, each have the power and authority, as long as he holds such office, to appoint by a power of attorney, for purposes only of executing and atteSting bonds and undertakings and other writings obligatory in the nature thereof, one or more Resident Vice-Presidents, Assistant Secretaries and Attorneys-in-Fact: Now, therefore, the signatures of such Officers and the seal of the Company may be affixed to any such power of anorney or to any certificate relating thereto by facsimile, and any such power of attorney or cartificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed .and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it IS attached. In Witness Whereof, the HARTFORD ACCIDENT AND INDEMNITY COMPANY has caused these presents to be signed by its Assistant Vice-President, and its corporate seal to be hereto affixed, duly attested by its Secretary, this 1 st day of April, 1983. Attest: HARTFORD ACCIDENT AND INDEMNITY COMPANY \Q,"\ C2 L _ ~ ~~.~~ STATE OF CONNECTICUT, I Robert N. H. Sener COUNTY OF HARTFORD, \ ss. ASSIstant Vice. PresIdent On this 1st day of April, A.D, 1983, before me personally came Robert N. H. Sener, to me known, who being by me duly sworn. did depose and say: that he resides in the County of Hartford, State of Connecticut; that he is the Assistant Vice- President of the HARTFORD ACCIDENT AND INDEMNity COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order, <t'~o;~':~o", ~ ~ STATE OF CONNECTICUT, '/ Glona Mazolas, Notary Public r ss My Commission Expires March 31, 1988 COUNTY OF HARTFORD, 1 . CERTIFICATE I, the undersigned, Assistant Secretary of the HARTFORD ACCIDENT AND INDEMNITY COMPANY, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore, that Article IV, Sections 8 and 11, of the By-Laws of the Company, and the Resolutions of the Board of Directors, set forth in the Power of Attorney, are now in force, j V- G-, Signed and sealed at the City of Hartford. Dated the ~ ,S*- day of~ "-'C. 19 0 ( t~,\\i Q~ II. \~. David A, Johnson ~, .':/ Assistant Secretary '7J1~~~ Mary Scharf. Secretary Form S-3507-10 Pnnted in U.S.A.