Loading...
HomeMy Public PortalAboutORD09417 BILL NO. INTRODUCED BY COUNCILMAN r ORDINANCE NO. 9 YJ17 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CLERK OF THE CITY TO EXECUTE A CONTRACT WITH J.C. Industries , Inc. Jefferson City, Missouri BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1 . The Mayor and Clerk of the City are hereby authorized and directed, for and in the name of the City, to execute a written contract with J.C. Industries , Inc. 1p for the improvement of North from existing Eastland Drive to East McCarty Street for the sume of $198 ,973. 00 Section 2. A copy of said contract is attached hereto . Section 3. This ordinance shall take effect and be in force from and after its passage and approval . Passed: 57/S�8 Approved: ��� a l U, PUsidAt of the kouncil r ATTEST: Lt by Tihen City Clerk BY: f Deputy City Clerk. CONTRACT FOR PUBLIC WORK THIS CONTRACT, made and entered into this day of 19 and between George Hartsfield, President of the Cit Council Wf the City of 'Jefferson, Missouri , a municipal corporation of the third class of the State of Missouri , Party of the First Part , and who acts for and on behalf of the City of Jefferson, J C Industries Inc . Party of the Second Part , WITNESSETH: THAT, WHEREAS, the City Council of the City of Jefferson, Missouri , did on the day of , 19 ,Y0 award to the Party of the Second Part,_J. C. Industries Inc . , the contract for the improvement of North from existing, Eastland Drive to East McCarty Street NOW, THEREFORE, for and in consideration of the awarding of this contract and the work thereunder by said First Party hereto , the City of Jefferson, Missouri , to the Second Party, J.C. Industries . Inc. the said Second Party does hereby contract and agree to do and perform said work, above specified and referred to for the following prices and to accept in payment therefore monies now in the treasury of the First Party, upon the acceptance of said work by the City Council of the said City of Jefferson. UANTITY CLASSIFICATION UNIT PRICE AMOUNT Lump Sum Clearing, Grubbing $ Removal $ 750 . 00 Lump Sum Grading & Excavation 19 ,000 . 00 (Cut-12 ,909. 96 C.Y.est . ) (Fill-7,850. 48 C.Y.est. ) 2 acre Seeding & Mulching 1 ,500.00 31000. 00 6 each Type "A" Drop Inlet 700. 00 4 , 200 . 00 5900. 00 L.F. 7" Type "A" Curb & Gutter 5 . 50 32 ,450 . 00 100. 00 Ton Crushed Stone 9. 00 900. 00 9800. 00 S.Y. 9" Asphaltic Concrete Pavement 9.00 88 , 200 . 00 50. 00 S.Y. 6" Nonreinforced Portland Concrete 12 . 00 600 . 00 Cement Lump Sum 11 x 9 Double Box (213 . 70 C.Y.est . ) 41 ,500 . 00 QUANTITY CLASSIFICATION UNIT PRICE AMOUNT 66.00 L.F. 15" Reinforced Concrete Pipe 18 . 00 11188. 00 Class III (in place) 43. 00 L.F. 18" Reinforced Concrete Pipe 20 . 00 860 .00 Class III (in place) 1 each 18" Reinforced Concrete Pipe End 500 . 00 500 . 00 Section w/rip rap @ discharge (in place) 120. 00 L.F . 15" x 16 ga. Corregated Metal Pipe 15 . 00 10800 . 00 (in place) 65 . 00 L.F. 21" x 16 ga. Corregated Metal Pipe 17 . 00 10105 . 00 (in place) 1 each 15" Corregated Metal Pipe End 500 . 00 500 .00 Section w/rip rap @ discharge (in place) 100. 00 C.Y. Rock Excavation 50 C.Y. or less 25 . 00 (2 ,500 .00) 50 C.Y. or more 15 . 00 1 ,500 .00 Lump Sum Concrete Island (60 . 00 S.Y.est .) 720 . 00 Lump Sum Guarantee Bond 200. 00 $198 ,973 . 00 Upon completion of the work, readjustments in the contract price shall be made according to actual measurements and at the price per unit Amok pecified in the contract. NOW, BY THESE PRESENTS, it is agreed and understood by the parties hereto, that this contract is entered into subject to all existing ordin- ances of the- City of Jefferson pertaining to the work awarded and subject to the plans and specifications and estimates of the costs for work on file in the office of the City Clerk, and which shall be considered d part and parcel of this contract ; that all questions arising as to the proper performance of this contract of such work in accordance with the plans and specifications therefore , and estimates thereof, shall be decided by the Director of Public Works of the City of Jefferson, Missouri , or by such competent person appointed by the Mayor and the City 0ouncil of the City of Jefferson to supervise and superintend said work in the place of and instead of such Director of Public Works ; that in the case of improper construction, the City of Jefferson reserves the right at any time to suspend, re-let or order an entire reconstruction of the work; that contractor agrees to commence work on or before a date to be specified in a written "Notice to Proceed" and to fully complete the project within 120 consecutive working days thereafter. *he City reserves the right at any time to suspend, re-let or order an entire reconstruction of the work awarded and to declare the contract forfeited, but that such suspension, re-letting or reconstruction or forfeiture shall not affect the right of the City to recover all damages and penalties accruing or due it by reason of the Contractor ' s non-compliance with this contract. Liquidated damages of $100 . 00 per day will be assessed against the contractor for each day the work remains incomplete following the completion date or extension thereof. The Second Party agrees to pay all classes and crafts of labor used in the performance of this contract the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations d Second Party acknowledges that he knows the prevailing hourly rate of wages for all the classes and crafts of labor to be used in the per- formance of this contract because he has obtained the prevailing hourly rate of wages from the contents of Special Wage Determination No.0-026-090 , in which the rate of wages are set forth. The Contractor further agrees , as the Second Party, that he will keep an accurate record showing the names and occupation of all workman employed by them in connection with the work to be performed under the terms of this contract , which record shall show the actual wages paid to each of said workmen in connection with the work to be performed under 41 he terms of this contract , and agrees further that the aforementioned accurate record shall be available and open at all reasonable hours for the inspection by the Director of Public Works or any other authorized employee of the City of Jefferson, Missouri . In compliance with the Prevailing Wage Law, as amended in Sections 290 . 210 to 290 . 340 inclusive , Revised Statutes of Missouri , 1969, effective October 13, 1969 , not less than the prevailing hourly rate of wages in the Jefferson City area shall be paid to all workmen performing work under this contract , ection 290. 250 . The Contractor shall forfeit to the City Ten Dollars ($10) for each workman employed, for each calendar day, or portion thereof, such workman is paid less than the stipulated rates for any work done under said contract , by him or any subcontractor under him, Section 290. 250. The Second Party agrees to completely indemnify and hold harmless the City of Jefferson for any and all damages , injuries , actions , costs, attorney's fees and all other expenses whatsoever, arising out of the performance of said work whether the property or persons damages are the servants and employees of the Second Party, or third parties , in no manner connected with said work. All interlineations , corrections , Seletions and changes herein have been prior to the execution of this contract. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 19�. CITY OF JEFFERSON, MISSOURI (BY) I USTRIES, •INC �- (BY) This contract, executed in duplicate , one copy being depo'-sZiTel in the office of the City Clerk of the City of Jefferson and the other being returned by the party of the Second Part. THE WESTERN CASUALTYAND SURETY COMPANY FORT SCOTT, KANSAS A •TOCK INfURANCK COMPANY BID BOND KNOW ALL MEN BY THESE PRESENTS: BOND NUMBER —0 J. C. INDUSTRIES, INC. THAT............................................................................................................................................................................ ....................................................................of.....Jefferson City, Missouri .................................................................................................. ................................................................................................................................................................... as Principal, and The Western Casualty and Surety Company, a Kansas corporation, as Surety, are held and firmly bound unto...City of Jefferson, Missouri ............................... .......................................................................................................................................................................................................................................... as Obligee, in the full and just sum of.„Five Per... .... Cent (5�). . ......of... ... Price Bid------. ------------------ . ............ ...... ..... ............... ............................................................................... -------------------------------------..._--.--�-------------------Dollars lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. ® WHEREAS, the said Principal is herewith submitting its proposal for 1980 Curb and Gutter Project Phase II THE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give such good and sufficient bond or bonds as may be required to se- cure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former,.but in no event shall the Surety's liability exceed the penal sum hereof. • Signed, sealed and delivered.... ....1280.. (Date) USTRIES r....INC... ...............................(SEAL) ................................................................................................................. . ...(SEAL) ® THE WESTERN CASUALTY AN SUR Y COMPANY lenda A. Fry ,' ttorney-in•fact FORM FS 5116•133 l MUL. I POWER OF ATTORNEY The Western Casualty and Surety Company HOUR OFFICB—FORT SCOTT, EANSAt3 OW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation State of Kansas, having Its principal office In the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the S Aholders 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 nature, 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 the authority of any such appointee.' does hereby nominate,constitute and appoint James M. Dent or Glenda A. Fry or James J. Landwehr of Jefferson City, Missouri Its true and lawful agent(s)and Attorney(s)•in-Fact, to make,execute, seal and deliver for and on Its behalf, as Surety, and as Its act and deed: Any and all bonds and undertakings. Provided, No authority is extended for the executionof Open Penalty Bonds. jjkd the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, tMintents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Ott, State of Kansas, in their own proper persons. The tollowrng Resolution was adopted at the Quarterly Meeting of the Board of Directors of The Western Casualty and Surety Company,held on the 10th day of November, 1970: `RESOLVED,That the signatures of officers of the Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed In accordarree with Section 27 of the Company Bylaws;and that any such Power of Attorney bearing such facsimile signatures, 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 to which it is attached.' All authority hereby conferred shall remain in full face and effect until terminated by the Company. IN WITNESS WHEREOF,THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President, and Its corporate seal to be hereunto affixed this..............................19.......................I..............day of.....OC.t aber..............................,19.......79...... THE WESTERN CASUALTY-AND SURETY COMPANY 0[AL STATE OF KANSAS By ss COUNTY OF BOURBON Vice President On this............19.t belay of.........Q.Gtob9X:.........................A.D., 19.......7.9, before the subscriber, a Notary Public in the State of Kansas in and for the County of Bourbon,duly commissioned and qualified, came...V. J. O'Gorekr Vice President of THE WESTERN .... . . . t.. . CASUALTY AND SURETY COMPANY,of Fort Scott, Kansas to me personally known to be the Individual and officer described In, and who axe- 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 of the Company aforesaid,and that the seal affixed to the preceding 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,adapted,by the Stockholders of said Company,referred to in the preceding instrument, is now in force. TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seat at the City of Fort Scott, the day and year first above AF"$iici�ti o '�o NOTARY My appointment expires September 5, 1980 Fv!►ra + Notary Public. 'q► l� G, R ...R............. G. R. Cantrell .. ................,Assistant Secretary of THE WESTERN CASUALTY AND SURETY COMPANY,do hereby cerNty that the above and foregoing is a true and correct copy of a power of attorney executed by said THE WESTERN CASUALTY AND • SURETY COMPANY,which is still in full force and effect. IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas, this....................................�...........................................................day of ........... Y........................................... 19...80.......... e e�i►i. Q Assistant Secretary. FORM F5 5490•114 ® Bond No. 49 33 65 ZTHE WESTERN CASUALTYAND SURETY COMPANY ❑ THE WESTERN FIRE INSURANCE COMPANY The Company to provide this bond coverage shall be designated with an CJ. FORT SCOTT.KANSAS 66701 y� PERFORMANCE BOND J�1 Approved by The American Institute of Architects, A.I.A. Document No. A-311 Feb. 1970 ED. KNOW ALL MEN BY THESE PRESENTS: That................................................................... J...Qn I.�I,5mu......I.N.9................... ........................................................................... (Here insert full name and address or legal title of the Contractor) .............................................................................................................................................................................................................................................................................. as Principal,hereinafter called Contractor,and THE WESTERN CASUALTY AND SURETY COMPANY and/or THE WESTERN FIREINSURANCE COMPANY, Fort Scott, Kansas,as Surety, hereinafter called Surety, are held and firmly bound unto .................................................................................................................... ............................................................................... gitx..Qf..Jeff a im...Cit:y. .... ........................................................................... , (Here insert full name and address or legal title of the Owner) as Obligee,hereinafter called Owner, in the amount of.One,,,Ht??ldt Cl„N >E ety,,,E, 9 Y1 ,,,Tt1gu$f�tl...I...Nizg..U,xm ...50S.,y.,-„,,.,,,,,, ',"k] ,S...MCI...X1w.10.Q---.-----.-.-.--- ...-.----------- --------------Dollars ..... ........... .......... .................... .......... ........................................................ (a,,,,,, 92 3.00.............................), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and as ,jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated,,... Y...S..................................................................19 .80......., entered Into a contract with Owner umrovemextt of„north from existing.Eastland Drive to East McCarty„street, ...... ... ............ . ...... ........... ... .. .................. Jefferson City, ............ In accordance with Drawings and Specifications prepared by.................................................................................................................................................................... ............................................................I............................Here insert full name and address or legal title of Arc hi tect........................................................................... which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said contract, then this obligation shall be null and void; otherwise it shall remain In full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default,or shall promptly (1) Complete the Contract in accordance with its terms and conditions,of (2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,and upon determination by Surety of the lowest respon- sible bidder, or, if the Owner elects, upon determination by the Owner and the Suretyjointly of the lowest responsible bidder,arrange for a contract between such bidder and Owner, and make available as Work progresses(even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not ex- ceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term"bal- ance of the contract price,” as used In this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be Instituted before the expiration of two(2)years from the date on which final payment under the contract-falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heir$,executors, administrators or successors of the Owner. Slnd sealed this........................7th...................................................................day of.................MaX.................................................A. D, 19.. 8Q... .. . - In the presence of: ...J......C......INDUSTRIES, INC.. :.. .. .(Seal) (Principal) .................................................................................................................................. ............................................................................................................................' (Title) THE WESTERN CASUALTY AND SURETY COMPANY THE WESTERN FIRE INSURANCE COMPANY B y, 41. ... ... Ci gh A. iy ..Attorney-in-Fact Performance Bond fa Gen ral ontractois. S85715(l) FORM FS 5617-R4 MU L. Bond No. 49­3 66 .. R THE WESTERN CASUALTYAND SURETY COMPANY (FORT SCOTT, KANSAS A STOCK INSURANCE COMPANY LABOR AND MATERIAL PAYMENT BOND Approved by The American Institute of Architects, A.I.A. Document No. A-311 Feb. 1970 ED. Note: This bond is issued simultaneously with performance bond in favor of the owner conditioned on the full and faithful performance of the contract. KNOW ALL MEN BY THESE PRESENTS: That....................................................................J. C. INDUSTRIES, INC. C..................................................................................................................................................................................... (Here insert full narne and address or lepnl title of the Contractor) .............................................................................................................................................................................................................................................................................. as Principal, hereinafter called Principal, and THE WESTERN CASUALTY AND SURETY COMPANY, Fort Scott, Kansas, as Surety, hereinafter called Surety, are held and firmly bound unto...............................City...Q.f.. fff0rgon...City............................................................................................................ ......................................................................................................... .................................................................................................................................................................... (Here insert full name and address or lepal title of the Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of.QX1'....�� 4�..�a.���y............ .Qk ...' ?a. ... ]tac�dx ...5 >� Y--2'k? ... ],]a ..�dJJQ....1Q4-----,-......--.--.-.-.-.-..................---Dollars (Here insert a Burn equal to at least one-half of the contract price) is............19%.973...QQ.........................), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. W AS, Principal has by written agreement dated..,......My.,.J.................................................................... 19 .$0......entered into a contract with Owner for .... oyerrent„of„north„fran exist nq Eastland...Dr ve..to..Ea k_McCurty...Street........................................... Jefferson..Sity,....Misso .,....................................................................................................................................................................................... in accordance with Drawings and Specifications prepared by ..................................................................................................................................................................... ...................................................................................................................................................................................... ” ''' ”' ” I'Here insert full name and address or lepal title of Architecti which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if the Principal shall promptly make payment to all claimants as herein- after defined, for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void;otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material, or both, usedof reasonably required for use in the performance of the contract, labor and material being construed 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 has 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 was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant,prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall 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) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: The Prin- cipal,the Owner, or the Surety above named, within ninety(90)days after such claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailingthe same by registered mail or certified mail, post- age prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of busi- ness, 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 ceased work on said Contract, it being understood, however, that if any limita.ion ebodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal 'em minimum period of limitation permitted by such law. (c Ws*situated,r than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project,or any part there or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made ingood faith hereunder,inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement,whether or not claim for the amount of such lien be presented under and against this bond. Signedand sealed this........................................U13...................................................day of............My....................................A.D. 19..........6Q...................... In the presence of: 5`a ....I NG......................................................(Seal) (Principal) .................................................................................................................................. .................................................................................................................................. (Title) T WESTERN CASU�(ALTY AND SURETY COMPANY ............. BGlenda A... £,... ... .....•••.-•• ���? ..........litorne)-in-1.�ci..... ...... .. ... .. Form FS 5618-133 y MUL. � W. POWER OF ATTORNEY The Western Casualty and Surety Company HOMN oMbi—FORT score LANf3A8 I kOW ALL MEN BY THESE PRESENTS: That THE WESTERN CASUALTY AND SURETY COMPANY, of Fort Scott, Kansas, a corporation e State of Kansas having Its principal office In the city of Fort Scott, Kansas, pursuant to the following Bylaw, which was adopted by the holders 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 nature, 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$nd revoke the authority of any such appointee.' does hereby nominate,constitute and appoint James M. Dent or Glenda A. Fry or James J. Landwehr of Jefferson City, Afissouri Its true and lawful agent(s)and Attorney(s)-in-Fact, to make,execute, seal and deliver for and on its behalf, as Surety, and as its act and deed: Any Ind all bonds and undertakings. Provided, No authority is extended for the executionof Open Penalty Bonds. the execution of such bonds of undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its offices in Fett Scott,State of Kactsas, In their own proper persons. The following Resolution was adopted at the Quarterly Mbeting of the Board of Directors of The Western Casualty and Surety Company,held Orr the 1011h day of November, 1970: 'RESOLVED,That the siatures of officers ofthe Company and the seal of the Company may be affixed by facsimile to any Power of Attorney executed In accordance with Section 27 of the Company Bylaws;and that any such Power of Attorney bearing such facsimile signatures, including the facsimile signature of a certifying Assistant Secretary,and facsimile seal shall be valid and binding upon the Company with respect to any bend,undertaking of contract of suretyship to which it is attached.' All authority hereby conferred shall remain in full force and effect until terminated by the Company. IM WITNESS WHEREOF,THE WESTERN CASUALTY AND SURETY COMPANY has caused these presents to be signed by its Vice-President, and Its corporate seal to be hereunto affixed this..............................19......................................day of.....OC.t0bex..............................,19.......7..9...... THE WESTERN CASUALTY-AND SURETY COMPANY asA� STATE OF.KANSAS By COUNTY OF BOURBON as Vlce President On this............190day of.........Q.AKtib9.r.........................A.D., 19.......79,before the subscriber, a Notary Public in the State of Kansas In and for the County of Bourbon,duly commissioned and qualified,came...V; :J..._P Gorek r Vice President ....,of THE WESTERN ................ .................... CASUALTY 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 of the Company aforesaid,and that the seal affixed to the preceding 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 %in.ylaw,Section 27,adopted,by the Stockholders of said Company,referred to in the preceding instrument, is now In force. TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Fort Scott, the day and year first above ,.• ,SNFP,4 ' O NOTARY My appolntrmnt expires September 5, 1980 Notary Public. t PUBLIC '4 ,mom G. R. Cantrell 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 CASUALTY AND SURETY COMPANY,which Is still In full force and effect. IN WITNESS WHEREOF, I have signed this certificate at Fort Scott, Kansas,this.........................7.t11............................ ...............................day of ...........1,%y.................................... 19.....8.Q........ 7 w • $ esAr. Assistant Secretary. FORM Fill 5290-R4