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About The frontier. (O'Neill City, Holt County, Neb.) 1880-1965 | View Entire Issue (Oct. 8, 1959)
* n .ti» * cation constituting a pact of this Contract, hereby agrees to con sruct O’Neil] Paving District rip 30. consisting primarily of C.C. Pavement and appurtenances plans, specifications and special and the . ious , .. , ice oC propos for on the 4th day of August as follows: being items 1 -to # in clusive, as shown in the schedule of price# bid in the proposal, which is made a part of this con# tract That it is mutually understood and agreed by parties hereto that the general and detailed plans, the Contractor's bond, the propo sal, all project specifications and special provisions, and all supple mental written agreements are a part of this Contract. The Contractor expressly war rants that he has employed no third person to solicit or obtain this Contract in his behalf, or to cause or procure the same to be obtained upon compensation in any way contingent in whole or in part upon such procurement, and that he has not paid, or pro mised or agreed to pay, to any third person in consideration of such procurement, or in compen sation for services in connection herewith, any brokerage, commis sion or percentage upon the a miHint to be received by him here under, and that he has not, in est imating the contract price deman ded by him, included any sum by reason of any ^uch brokerage, commission or percentage; and that all moneys payable to him hereunder are free from obliga tion of any other person for ser vices rendered, or supposed to have been rendered, in the procur ment of this Contract, He further agrees that any breach of this warrant shall constitute adequate cause for the annulment of this Contract by he owner, and that the said Owner may retain for its own use. from any sums due or to become duo hereunder an amount equal to any brokerage, commis sion. or percentage, so paid or agreed to he paid. All work required in carrying out this contract shall be perfor med in compliance with the laws of the state of Nebraska. The Contractor states that he is complying with and will contin ue to comply with fair labor stan dards in the pursuit of his bus iness, and in the execution of the Contract pursuant to this bid. inui me umuanur luruier n grees to pay just claims for ma terial, supplies, tools, fuels lubri cants, equipment, equipment ren tal, machinery, insurance prem iums, and services used or con sumed in the construction of the work by him or any of his subcon tractors, and for all other just claims filed against him or any of his subcontractors in carrying out the provisions of this contract, and further agrees that the Con tractor's bond shall lx? held to cover all such claims. That in consideration of the foregoing, the Owner hereby a grees to pay the Contractor prom ptly the amounts set forth herein, subject to the conditions set forth in this Contract, or any part hereof, as herein described. It is further understood and a greed that the Contractor shall not do any work or furnish any materials not covered and auth orized by this Contract unless or dered in writing by the Engineer. Any such work which may be done, or any materials which may lx* furnished, by the Contractor without such written order first being given, shall be at his own risk, cost and expense; and the Contractor hereby covenants and agrees that he shall make no claim for compensation for any work so done, or any materials so furnished. IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein ex pressed, to this and three (3) oth er instruments of like tenor, this 4th day of August, 1959. Owner CITY OF O’NEILL. NEBRASKA By s/D. C. Schaffer Mayor _ RAVING DISTRICT No. 31 PROPOSAL FORM To the Mayor and City Council City of O’Neill, Nebraska uenuemen: In compliance with your Notice to Contractors, the undersigned proposes to furnish all the nec essary equipment. machinery, tools, apparatus and other means of construction and to furnish all SCHEDULE OF PRICES BID Item No. Description 1. Excavation 2. 6” P. C. C. Pavement with In tegral curb a. Class I Mix b. Class II Mix c. Class HI Mix 3 Adjust Manhole Ring and Cover 4. Build Concrete Header 5. Build V PC.C. Sidewalk 6. Remove Concret Pavement 7. Remove Concrete Sidewalk 8 Remove 6” Concrete Curb Total Lump Sum Bid for Items 1 to 8 inclusive based upon Class I Mix Total Lump Sum Bid for Items 1 to 8 inclusive based upon Class n Mix Total Lump Sum Bid for Items 1 to 8 inclusive based upon Class III Mis The only persons or parties in terested in this proposal as prin cipal are those named herein, and this proposal is made without col lusion with any persons, firms or corporations. We propose to furnisli a bond, as required by the specifications, in the amount of the contact aw arded to us. As an evidence of good faith in submitting this proposal, we en close herewith a certified check for 5% of bid payable to the Treasurer of the City of O'Neill, Nebraska, which, in case wc should refuse or fail to accept ar award made to us and to entei into contract and file a bond with in ten (10) days of such award shall be forfeited to the City ol O'Neill, Nebraska, as liquidator damages. The undersigned states that h« is complying wih and will con tinue to comply with fair laboi standards, as defined in Sectior 73-104-R.S., Nebraska. 1343, in thi pursuit of his business, and m th< con^pursuan The undersigned states that h< . . i jut r misoOM vaTTF^coN^uc (Corporate Seal Affikec)) “W 50 M* N IW THESE 'WWXTSi That we MISSOURI VALLEY CONSTRUCTION Co . Grand Is-, land, Nebraska, as Principal, and THE AETNA CASUALTY AND SURETY .COMPANY, Hartford, f Connecticut, as sureties, are held and firmly bound unto the City ! of O'Neill, Nebraska, in the penal sum of FOUR THOUSAND ONE HUNDRED EIGHTY NINE DOL LjORS AND FORTY CENTS $4, 189.45)—Dollars, and for the pay ment of which we do hereby bind ourselves, our heirs, executors' and administrators, jointly, sever ally, and firmly by these presents Date August 4th, A.D., 1959. The condition of the Obligation I is such that whereas, the above ! bounden MISSOURI VALLEY ! CONSTRUCTION OO., of Grand Island, Nebraska, has been a warded by the City of O'Neill, Ne I braska, the Contract for the Con struction of O’Neill Paving Dis trict No. 30, copy of which sti j pulations is incorporated herein I and made a part hereof as fully I and as amply as if said Contract were recited at length herein. NOW THEREFORE, if said MI j SSOURI VALLEY CONSTRUC TION CO., as Principal, shall in all respects fulfill this said Con tract according to the terms and the tenor thereof, and shall faith fully discharge the duties and ob ligations therein assumed, then the above obligation is to be void otherwise to be and remain in full force and virtue. It is expressly understood and agreed that this bond is given to secure and does secure not only the faithful preformance by the Principal herein named of said Contract for the construction work as specified in said Contract and in strict accordance with the terms of said Contract, and the plans and specifications made a part thereof; and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that m a horouf for ho muHp nru tice of which modifications to the surety being hereby waived, but ' that it is given to secure and does secure also payment by the said i iKxinden MISSOURI VALLEY CONSTRUCTION CO., of all just | claims for material, supplies, tools, fuel, lubricants, equipment, equipment rental, materials, in surance premiums and services used or consumed in the construc tion of the work by him or any of his subcontractors, and for the payment of all laborers and me chanics for all labor performed in the work by him or any of his sub contractors, and for all other just claims filed against him or any of his subcontractors in carrying out the provisions of this contract, and if such payment be made, then this obligation shall l>e null and void. Otherwise, it shall remain in full force and effect. No contract shall be valid which seeks to limit the time to less than five years in which an action may be brought upon the bond covering the construction work, and this bond is made, exe cuted and delivered with such un derstanding. SIGNED THIS 4th DAY OF Au gust, 1959. MISSOURI VALLEY CONTRUC TION CO. Principal By s/L. J. Koenig, Pres. (CORPORATE SEAL AFFIXED) THE AETNA CASUALTY AND SURETY COMPANY Surety Hartford, Connecticut Surety s/Mary Ann Meysenburg Attomey-in-Fact, Mary Ann Me ysenburg s/Mary Ann Meysenburg Mary Ann Meysenburg, Nebras ka Resident Agent (SEAL) the materials and to do all the work to complete the construction of O’Neill Paving District No. 31, consisting primarily of 6’’ P.C.C Pavement with Integral Curb, and all required connections and app urtenances, in accordance with the plans, specifications, schedules and conditions on file and which we have examined, for the sch i edules of prices set forth below: FOR WORK CONTEMPLATED Quantity Unit Unit Price Amount 1059 C.Y. $ .50 $ 529.50 2035 S.Y. 3.29 6,695.15 2 Ea. 20.00 40.00 107 LF. .55 58.85 344 S.F. .45 154.80 10 S.Y. 100 10.00 616 S.F. .10 61.60 290 L.F. 30 87 00 $ 7,636.90 has hud adequate experience and experience record in construction of the type of work bid upon. The Synopsis of Experience Record re quired in the Notice to Contrac tors accompanies this proposal. If awarded a contract for the work contemplated, we agree to complete that work prior to the expiration of a period of one hun dred twenty (120) calendar days after award of contract. NAME No. Valley Constr. Com pany. j land, Nebr. ADDRESS Box 811, Grand Is BY S/L. J. Koenig, t TITLE Pres. PAVING DISTRICT NO. 31 CONTRACT Tins CONTRACT AND AGREE MENT made and entered into this 4th day of August, 1959, by and between the City of O'Neill. Neb raska, owner, and Missouri Val • ley Construction Company, Con i tractor: ■ , WITNKSSETH; That the Oon h-actor, for and in consideration ; of the sum of $7,636.90 dollars, ■ TcaSxui5 constituting a part of this Contract, hereby agrees to con struct O'Neill Paving District No 31. consisting primarily of 6" P. C. C. Pavement and appurten ances, complete, in accordance with the plans, specifications and special provisions therefor, told in the location designated in the spec ial provisions, the various items of work awarded said Contractor by the acceptance of proposal therefor on the 4th day of August, 1959, as follows: being items num bered 1 to 8 inclusive, as shown tn The schedule of prices bid in the proposal, which is made a part of this Contract. That it is mutually understr»d and agreed by parties hereto that the general and detailed plans, the Contractor's bond, the propo sal, all project specifications and special provisions, and all supple mental written agreements are a par of this Contract. The Contractor expressly war rants that he has employed no third person to solicit or obtain this Contract in his behalf, or to cause or procure the same to be obtained upon compensation in any way contingent in whole or in part upon such procurement, and that he has not paid, or promised or agreed to pay, to any third per son in consideration of such pro curement. or in compensation for services in connection herewith, any brokerage, commission, or percentage upon the amount to be received by him hereunder, and that he has not, in estimating the contract price demanded by him, included any sum by reason of any such brokerage, commission or percentage: and that all moneys payable to him hereunder are free from obligation of any other per son for services rendered, or sup posed to have been rendered, in the procurement of this Contract. He further agrees that any breach of this warrant shall constitute adequate cause for the annulment of this Contract by the Owner, and that said Owner may retain for its own use, from any sums due or to become due hereunder an amount equal to any broker age, commission, or percentage, so paid or agreed to he paid. All work required in carrying out this Contract shall be per formed in compliance with the lntL'c r\f thn nf Nnhrnclfn The Contractor states that he is complying with and will con tinue to comply with fair labor standards in the pursuit of his business, and in the execution of the Contract pursuant to this bid. That the Contractor further ag rees to pay all just claims for material, supplies, tools, fuels, lubricants, equipment, equipment rental, machinery, insurance pre miums and services used or con sumed in the construction of the work by him or any of his subcon tractors and for the payment of all laborers and mechanics for all labor performed in the work by him or anv of his subcontractors, and for all other just claims filed against him or any of his subcon tractors in carrying out the pro visions of this contract, and fur ther agrees that the Contractor’s bond shall be held to cover all such claims. That in consideration of the foregoing, the Owner hereby agrees to pay the Contractor promptly the amounts set forth herein, sub ject to the conditions set forth in this Contract, or any part thereof, as herein described. It is further understood and agreed that the Contractor shall not do any work or furnish any ma tarials not covered and authorized by this Contract unless ordered in writing by the Engineer. Any such work which may be done, or any such materials which may be furnished, by the Contractor with out such written order first being given, shall be at his own risk, cost and expense; and the Con tractor hereby covenants and ag rees that he shall make no claim for compensation for any work so done, or any materials so furn ished. IN WITNESS WHEREOF the parties hereto have set their hands for the purpose herein expressed, to this and three (3) other in struments of like tenor, this 4th dnv of August. 1959. Owner CITY OF O’NEILL, NEBRASKA PAVING DISTRICT NO. 32 PROPOSAL FORM August 4, 1959 To the Mayor and City Council City of O’Neill, Nebraska Gentlemen: In compliance with your Notice fo Contractors, ■ the undersigned proposes to furnish all the neces sary equipment, machinery, tools, appartus and other means of con SCHEDULE OF PRICES BID Item No. Description 1. Excavation 2. 6” P. C C. Pavement with Integral Curb a. Class I Mix b. Class II Mix c. Class III Mix 3. Build 6” P C. C. Driveway 4. Adjust Manhole Ring and Cover 5. Furnish and Install Manhole Ring and Cover 6. Build 4” P. C. C. Sidewalk 7. Remove Concrete Pavement 8. Remove Concrete Sidewalk 9. Remove 6” Concrete Curb 10. Remove Concrete Header Total Limp Sum Bid for Items 1 to 10 inclusive Based upon Class I Mix Total Lump Sum Bid for Items 1 to 10 inclusive Based Upon Class n Mix Total Lump Sum Bid for Items 1 to 10 inclusive Based Upon Class ni Mix The only persons or parties in terested in this proposal as prin cipal are those named herein, and this proposal is made without col lusion with any persons, firms or corporations. We propose to furnish a bond, as required by the specifications, in the amount of the contract award ed to us. As an evidence of good faith in submitting this proposal, we en close herewith a certified check for 5% of bid payable to the Treasurer of the City of O’Neill. Nebraska, which, in case we should refuse or fail to accept an award made to us and to enter into con tract and file a bond within ten (1QJ days of such award, shall be forfeited to the City of O’Neill, Nebraska, as liquidated damages. The undersigned states that he is complying with and will con tinue to comply with fair labor standards, as defined in Section 73-104-R S., Nebraska, 1943, in BY s/D. C. Schaffer, TITLE Mayor. Got tractor MISSOURI VALLEY CONSTRUCTION 00. BY s/J. J. Koenig, TITLE Pres. (SEAL AFFIXED) PAVING DISTRICT NO .31 CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we MISSOURI VALLEY CONSTRUCTION CO.. Grand Is land, Nebraska, as Principal, and THE AETNA CASUALTY AND SURETY OOMPANWY, Harford. Connecticut, as sureties, are held and firmly bound unto the City of O’Neill. Nebraska, in the penal sum of SEVEN THOUSAND SIX HUNDRED THIRTY’ SIX DOL LARS AND NINETY CENTS — ($7,636 90) — Dollars, and for the payment of which we do hereby bind ourselves, our heirs, execu tors and administrators, jointly, severally, and firmly by these presents. Date August 4th. A.D., 1959. The condition of the obligation is such that whereas, the above bounden MISSOURI VALLEY CONSTRUCTION CO., of Grand Island, Nebraska, has been aw arded by the City of O’Neill, Neb raska, the Contract for the Con struction of O’Neill Paving Dis trict No. 31, copy of which Con tract together with all of its terms, covenants, conditions and stipula tions is incorporated herein and made a part hereof as fully and amply as if said Contract were recited at length herein. NOW THEREFORE, if said MIS SOURI VALLEY CONSTRUC TION CO., as principal, shall in all -respects fulfill this said Con tract according to the terms and tenor thereof, and shall faithfully discharge the dtuies and obliga tions therein assumed, then the above abligation is to be void, otherwise to be and remain in full force and virtue. It is expressly understood and agreed that this bond is given to _ 1 1 _ __ _A._1- . 3CVU1 c emu uuv a rcvuj c mn • *j the faithful performance by the principal herein named of said Contract for the construction work as specified in said Contract, and in strict accordance with the terms of said Contract, and thb plans and specifications made a part there of; and shall also well and truly perform and fulfill all the under takings, covenants, terms, con ditions and agreements of any and all duly authorized modifications of said Contract that may here after be made, notice of which modification to the surety being hereby waived, but that it is given to secure and does secure also payment by the said bounden MISSOURI VALLEY CONSTRUC TION CO., of all just claims for material, supplies, tools, fuel, lub ricants, equipment, equipment rental, machinery, insurance premiums and services used- or consumed in the construction of the work by him or any of his subcontractors, and for the pay ment of all laborers and mech anics for all labor performed in the work by him or any of his subcontractors, and for all other just claims filed against him or any of his subcontractors in car rying out the provisions of this contract, and if such payment be made, then this obligation ^iall lie null and void. Otherwise,, it shall remain in full force and effect. No contract shall be valid which seeks to limit the time to less than five years in which an action may be brought upon the bond covering the construction work, and this bond is made, executed and deliv ered with such understanding. SIGNED THIS 4th day of Au gust, 1959. MISSOURI VALLEY CONSTRUC TION CO. TtY Prinrinal BY s/L. J. Koenig, Pres. THE AETNA CASUALTY AND SURETY CO.. Surety, Hartford, Connecticut, Surety; s/Mary Ann Meysenburg, Attorney-in-Fact, Mary Ann Meysenburg. s/Mary Ann Meysenburg. Mary Ann Meysenburg, Nebraska Resident Agent. (seal) struction and to furnish all the materials and to do all the work to complete the construction of O’Neill Paving District No. 32, consisting primarily of 6” P. C. C. Pavement with Integral Curb, and all required connections and ap purtenances, in accordance with the plans, specifications, sched ules and conditions on file and which we have examined, for the schedules of prices set forth below: FOR WORK CONTEMPLATED Quantity Unit Unit Price Amount 1196 C.Y. $ .50 $ 598.00 2701 S.Y. 3.29 8,886.29 38 S.Y. 3 60 136.80 1 Ea. 20.00 20.00 1 Ea. 55.00 55.00 652 S.F. .45 293.40 15 S.Y. 1.00 15.00 984 S.F. .10 98.40 1392 L.F. .30 417.60 54 L.F. .25 13.50 $ 10,533 99 the pursuit of his business, and in the execution of the contract pur suant to this bid. The undersigned states that he has had adequate experience and experience record in construction of the type of work bid upon. The 1 synopsis of Experience Record re quired in he Notice to Contractors accompanies this proposal. If awarded a contract for the work contemplated, we agree to complete that work prior to the expiration of a period of one hun dred twenty (120) calendar days after award of contract. Name Mo. Valley Constr. Co. Address Box 811, Grand Island, Nebraska. By L. J. Koenig PAVING DISTRICT NO 32 CONTRACT THIS CONTRACT AND AGREE MENT made and entered into this 4th day of August,- 1959, by and j between the City of O'Neil], Neb 1 raska, Owner, and Missouri Valley Construction Company, Con tractor: _ WITNESSETH: That the Contrac tor. for and in consideration of the sum of $10,533.99 Dollars. Do able as set forth in the specifica [ tions constituting a part of this I Contract, hereby agrees to con i struct O’Neill Paving District No. 32, consisting primarily of 6" P. i C. C. Pavement and appurten i ances. complete, in accordance I with the plans, specifications and 1 special provisions therefor, and in the location designated in the i special provisions, the various It 1 ems of work awarded said Con tractor by the acceptance of pro , posal therefor on the 4th day of August, 1959, as follows: being items numbered 1 to 10 inclusive, as shown in the schedule of prices bid in the proposal, which is made a part of this Contract. That it is mutually understood and agreed by parties hereto that ! the general and detailed plans, the Contractor’s bond, the proposal, all project specifications and spec-1 ial provisions, and all supplemen- j tal written agreements are a part of this Contract. The Contractor expressly war rants that he has employed no third person to solicit or obtain j this Contract in his behalf, or to cause or procure the same to tie obtained upon compensation in any way contingent in whole or in part upon such procurement, and that he has not paid, or promised or agreed to pay. to any third per son in consideration of such pro curement, or in compensation for services in connection herewith, any brokerage, commission, or percentage upon the amount to he received by him hereunder, and that lie has not, in estimating the contract price demanded by him, included any sum by reason of j any such brokerage, commission j or percentage; and that all mon eys payable to him hereunder are [ free from obligation of any other person for services rendered, or) supposed to have been rendered, in the procurement of this Con tract. He further agrees that any 'breach of this warrant shall con : stitute adequate cause for the an nulment of this Contract by the' Owner, and that the said Owner I 1 may retain for its own use, from 1 i any sums due or to become due | hereunder an amount equal to any i brokerage, commission, or per-; j centage, so paid or agreed to be j paid. All work required in carrying out this Contract, shall be per formed in compliance with the laws of the State of Nebraska. The Contractor states that he is complying with and will con tinue to comply with fair labor standards in the pursuit of his business, and in the execution of the Contract pursuant to this bid. That the Contractor further ag rees to pay all just claims for ; material, supplies, tools, fuels, lubricants, equipment, equipment rental, machinery insurance prem iums, and services used or con sumed in the construction of the work by him or any of his sub contractors, and for the payment of all laborers and mechanics for all labor performed in the work by him or any of his subcontractors, and for all other just claims filed against him or any of his sub contractors in carrying out the provisions of this contract, and further agrees that the Contrac tor's bond shall be held to cover all such claims. That in consideration of the foregoing, the Owner hereby ag rees to pay the Contractor prompt ly the amounts set forth herein, subject to the conditions set forth in this contract, or any part there i of. as herein described. It is further understood and agreed that the Contractor shall not do any work or furnish any materials not covered and auth- J orized by this Contract unless ord ered in writing by the Engineer. Any such work which may be done, or any such materials which may be furnished, by the Contractor without such written order first being given, shall be at his own r’icL- nnct nrtrl nvnpnen • nnrl o : Contractor hereby, covenants and ! agrees that he shall make no claim for compensation for any work so done, or any materials so furnished. TN WITNESS WHEREOF the ' parties hereto have set their hanns for the purpose herein expressed, PAVING DISTRICT NO. 33 PROPOSAL FORM August 4, 1959 To the Mayor and City Council City of O’Neill, Nebraska Gentlemen: In compliance with your Notice to Contractors, the undersigned proposes to furnish all the nec essary equipment, machinery, tools, apparatus and other means of construction and to furnish all SCHEDULE OF PRICES BID 1 Item No. Description 1. Excavation 2. 6” P.C.C. Pavement with Integral Curb a. Class I Mix b. Class H Mix c. Class III Mix 13. Build 6” P.C.C. Driveway 4. Adjust Manhole Ring & Cover 5. Build Concrete Header 6. Build 4” P.C.C. Sidewalk 7. Remove Concrete Pavement 8. Remove Concrete Sidewalk 9. Remove 6” Concrete Curb Total Lump Sum Bid for Items 1 to 9 inclusive Based upon Class I Mix Total Lump Sum Bid for Items 1 to 9 inclusive Based upon Class II Mix Total Lump Sum Bid for Items 1 to 9 inclusive Based upon Class III Mix The only persons or parties in-1 terested in this proposal as prin cipal are those named herein, and this proposal is made with out collusion with any persons, firms or corporations. We propose to furnish a bond, as required by the specifications, in the amount of the contract! awarded to us. As an evidence of good faith in submitting this proposal, we en j close herewith a certified check j for 5% of bid payable to the I Treasurer of the City of O’Neill, j Nebraska, which, in case we should refuse or fail to accept an award mad* to us and to enter into contract and file a bond with- J in ten (10) days of such award, shall be forfeited to the City of j O’Neill, Nebraska, as liquidated damages. The undersigned states that he is complying with and will con tinue to eomply with fair labor ! % to this and three (3) other instru ments of like tenor, this 4th day of August, 1959. Owner CITY OF O'NEILL, BY s/D. C. Schaffer TITLE Mayor. Contractor MISSOURI VALLEY CONSTRUC TION CO By L J.,Koenig, Pres. (Corporate Seal Affixed) PAVING DICTRICT NO. 32 CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we MISSOURI VALLEY CONSTRUCTION CO . Grand Is land, Nebraska, as Principal, and THE AETNA CASUALTY AND SURETY COMPANY. Hartford. Connecticut, as sureties, are held and firmly bound unto the City of O'Neill. Nebraska, in the penal sum of TEN THOUSAND AND FIVE HUNDRED THIRTY THREE DOLLARS AND NINETY NINE CENTS ($10.533 99 Dollars, and for the payment of which we do hereby bind ourselves, our heirs, executors and administra tors, Jointly, severally, and firmly by these presents. Date August 4th A D., 1959 . The condition of the obligation is such that whereas, the above txxinden MISSOURI VALLEY CONSTRUCTION CO., of Grand Island, Nebraska, has been aw arded by the City of O'Neill, Neb raska, the Contract for the Con struction of O’Neill Paving Dis trict No. 32, copy of which Con tract together with all of its terms, covenants, conditions and stipulations is incorporated herein and amply as if said Contract and amply as if said Contrct were were recited at length herein. NOW THEREFORE, if said MI SSOURI VAILEY CONSTRUC TION CO., as Principal, shall in all respects fulfill this said Con tract according to the terms and the tenor thereof, and shall faith fully discharge the duties and ob ligations therein assumed, then the above obligation is to be void, otherwise to be and remain in full force and virtue. Tt is pvnrosslv agreed that this bond is given to secure and does secure not only the faithful performance by the Principal herein named of said Contract for the construction work as specified in said Con tract, and in strict accordance with the terms of said Contract, and the plans and specifications made a part thereof; and shall also well and truly perform and fulfill all duly authorized modi fications of said Contract that may hereafter be made, notice of which modification to the surety being hereby waived, but that it is given to secure and does secure also payment by the said bounden MISSOURI VALLEY CONSTRUC TION CO. of all just claims for material, supplies, tools, fuels lu bricants, equipment, equipment rental, machinery, insurance pre miums and services used or con sumed in the construction of the work by him or any of his sub contractors, and for the payment of all laborers and mechanics for all labor performed in the work by him or any of his subcontrac tors in carrying out the provis ions of this contract, and if such payment be made, then this ob ligation shall t>e null and void. Otherwise, it shall remain in full force and effect. No contract shall be valid which seeks to limit the time to less than five years in which an ac tion may be brought upon the bond covering the construction work, and this bond is made, ex ecuted and delivered with such understanding. SIGNED THIS 4 th DAY OF August, 1959. MISSOURI VALLEY CONTRUC TION CO. Principal By s/L. J. Koenig, Pres (CORPORATE SEAL AFFIXED) THE AETNA CASUALTY AND SURETY COMPANY Surety naruuiu, UJimmicui Surety s/Mary Ann Meysenburg Attorney-In-Fact, Mary Ann My scnburg s/Mary Ann Meysenburg Mary Ann Meysenburg, Nebras ka Resident Agent. _ (SEAL) the materials and to do all the work to complete the construction of O’Neill Paving District No. 33, consisting primarily of 6” P C C. Pavement with Integral Curb, and all required connections and ap purtenances, in accordance with the plans, specifications, sched ules and conditions on file and which we have examined for the schedules of prices set forth be low : ■OR WORK CONTEMPLATED Quantity Unit Unit Price Amount 1106 C.Y. $ .50 $ 553.00 2535 S.Y. 3.29 8,340.15 76 S.Y. 3.60 273.60 2 Ea. 20. (X) 40.00 27 L.F. .55 14.85 416 S.F. .45 187.20 43 S.Y. / 1 00 43.00 380 S.F. .10 3800 500 L.F. .30 150.00 $9,639 80 standards, as defined in Section 73-104-R.S., Nebraska, 1943, in the pursuit of his business,and in the execution of the contract pursuant to this bid. The undersigned states that he has had adequate experience and ex|>erience record in construction of the type of work bid upon. The Synopsis of Experience Record re quired in th Notice to Contractors accompanies this proposal. If awarded a contract for the work contemplated, we agree to complete that work prior to the expiration of a period of one hun dred-twenty (120) calendar days after award of contract. Mo. Valley Constr. Company Box 811-Grand Island, Nebr. By s/ L. J. Koenig, Pres. PAVING DISTRICT NO. 33 CONTRACT THIS CONTRACT AND AGREE MENT made and entered into this 4th day of August, 1959, by and between the City of O'Neill, Ne braska, Owner, and Missouri Val ley Construction Company, Con tractor : WITNESSETH: That the Con tractor. for and in, consideration of the sum of $9,639.80 Dollars, payable as set forth in the speci fications constituting a nart of this Contract. hereby agrees to con struct O'Neill Paving District No. 33, consisting primarily of 6" P.C.C. Pavement and appurten ances, complete, in accordance with the plans, specifications and special provisions therefor, and in tne location designated in the special provisions, the various items of work awarded said Con tractor by the acceptance of pro [xisal therefor on the 4th day of August, 1959, as follows: being items numbered 1 to 9 inclusive, as shown in the schedule of prices bid in the proposal, which is made a part of this Contract. That it is mutually understixxl and agreed by parties hereto that the general and detailed plans, the i Contractor’s bond, the proposal, all project specifications and spec | ial provisions and all supplement al written agreements are a part of this Contract. The Contractor expressly war rants that he lias employed no third person to solicit or obtain this Contract in his behalf, or to cause or procure the same to lx* obtained upon compensation in any way contingent in whole or in part upon such procurement, and that he has not paid, or promised or agreed to pay, to any third person in consideration of such procurement, or in compensation for services in connection here with, any brokerage, commission, or percentage upon the amount to lx1 received by him hereunder, and that he has not, in estimating the contract price demanded by him, included any sum by reason of any such brokerage, commis sion or percentage; and that all moneys payable to him hereunder are free from obligation of any other person for services render ed, or supposed to have been ren dered. in the procurement of this Contract. He further agrees that any breach of this warrant shall 1?U(1BIUUIU auiquaif unuac tui i"' annulment of this Contract by the Owner and that the said Owner may retain for its own use, from any sums due or to become due hereunder an amount equal to any brokerage, commission, or per cent-age, so paid or agreed to be paid. All work required in carrying out this Contract shall be per formed in compliance with the laws of the State of Nebraska. The Contractor states that he is complying with and will con tinue to comply with fair lalx>r standards in the pursuit of his business, and in the execution of the Contract pursuant to his bid. That the Contractor turther agrees to pay all just claims for material, supplies, tools, lubri cants, equipment, equipment rent al, machinery, insurance pre miums, and services used or con sumed in the construction of the work by him or any of his sub contractors, and for all other just claims filed against him or any of his subcontractors in carry ing out the provisions of this con tract, and further agrees that the Contractor’s bond shall be held to cover all such claims. That in consideration of the fore going, the Owner hereby agrees to pay the Contractor promptly the amounts set forth herein, sut> ject to the conditions set forth in this Contract, or any part there of, as herein described. It is further understood and agreed that the Contractor shall not do any work or furnish any materials not covered and author ized by this Contract unless or dered in writing by the Engineer. Anv such work which mav be done, or any such materials which may be furnished, by the Con tractor without such written order first Ixdng given, shall lx? at his own risk, cost and expense; and the Contractor hereby covenants and agrees that he shall make no claim for compensation for any work so done, or any materials so furnished. IN WITNESS WHEREOF, the parties hereto have set their hands for the purpose herein ex pressed, to this and three (3) other instruments of like tenor, this 4th day of August, 1959. STATE OF NEBRASKA ) COUNTY OF HOLT ) ss CITY OF O’NEILL ) I, O. D. French, the duly elec ted, qualified and acting City Clerk of the City of O’Neill, in the County of Holt, in the State of Nebraska, hereby certifies that the foregoing is a rue and com plete copy of all proceedings of the City Council in connection with Paving Districts No. 17, 18, 19, 25, 26, 28, 29, 30, 31, 32, and 33 to date. IN WITNESS WHEREOF, I have here unto set my hand and i seal this 7th day of August, 1959. J O. D. French City Clerk (SEAL It was moved by Councilman Carroll and seconded by Council man Hiatt that the bid of Mis souri Valley Construction Com-1 pany of Grand Island, Nebraska or construction of Paving Dis tricts Numbers 17, IX, 19, 25. 26, 28, 29, 30. 31, 32, and 33 he accep ted and that a contract be awar ded to said bidder for the same and that the City Clerk b oinsru cted to return all certifii d checks] and bid bonds tendered by the un successful bidders. On roll call the following voted AYE: Reynolrison, Hiatt, Moore, Carroll, McIntosh, Janousek. The following voted Nay: none. There being on further business, the Council adjourned. Having Class Bo District Engineer’s of Olst No. Estimate Mix It 17 $59,810 ( I ( II ( HI 18 15,550 ( I ( n ( m 19 43,402 ( I ( n ( in 25 6,630 ( I ( U ( M % Owner CITY OF O'NEILL. NEBRASKA BY «/ l>. C. Schaffer. Mayor Contractor MISSOURI VALLEY CONSTRUCTION CO. By s/ L. J. Koenig, Pres (CORPORATE SEAL AFFIXED) PAVING DISTRICT NO 33 i CONTRACT BOND KNOW AIL MEN BY THESE ! PRESENTS: That We, MISSOURI VALLEY CONSTRUCTION CO., Grand Is land, Nebraska, as Principal, and THE AETNA CASUALTY AND SURETY COMPANY. Hartford, Connecticut, ns sureties, are held and firmly bound unto the City of O'Neill, Nebraska, in the penal sum of NINE THOUSAND SIX HUNDRED THIRTY NINE DOL LARS AND EIGHTY CENTS ($9,639.801 Dollars, ami for (In payment of which we do hereby bind ourselves, our heirs, execu tors, and administrators, jointly, severally, and firmly by these presents. Date August 4th, A D., 1959. The condition of the obligation is such that whereas, the alxno bounden MISSOURI VALLEY CONSTRUCTION CO., of Grand Island, Nebraska, has b e-e-n awarded by the City of O Neill, Nebraska, the Contract for tIn Construction of O'Neill Paving District No. 33, copy of which Contract together with ail of its terms, covenants, conditions and stipulations is incorporated herein and made a part hereof as fully and amply as if said Contract were recited at length herein. NOW THEREFORE, if said MISSOURI VALLEY CONSTRUC TION CO , as Principal, shall in all respects fulfill this said Con tract according to the terms and the tenor thereof, and shall faith fully discharge ttie duties and ob ligations therein assumed, then the above obligation is to Ik- void, otherwise to be and remain in full force and virtue. It is expressly understood and agreed that this bond is given to secure and does secure not only the faithful performance by the nrineinal herein named of said Contract for the construction work as specified in said Contract, and in strict accordance with the terms of said Contract, and the plans and specifications made a part thereof; and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and *ill duly authorized modifications of said Contract that may hereafter Ik* made, no tice of which modification to the surety being hereby waived, but that it is given to secure and does secure also payment by the said bounden MISSOURI VAIX.EY CONSTRUCTION CO., of all just claims for material, supplies, tools, fuel, lubricants, equipment, equipment rental, machinery, in surance premiums and services used or consumed in the con struction of the work by him or any of his subcontractors, and for the payment of all laborers and mechanics for all labor per formed in the work by him or any of his subcontractors, and for all other just claims filed against him or any of his subcontractors in carrying out 1he provisions of this contract, and if such pay ment be made, then this obliga tion shall be null and void. Olher wise, it shall remain in full force and effect. No contract shall be valid which seeks to limit the time to less than five years in which an ac tion may be brought upon the bond covering the construction work, and this bond is made, executed and delivered with such understanding. SIGNED THIS 4th DAY OF August, 1959. MISSOURI VALLEY CONSTRUCTION CO. Principal By s/ L. J. Koenig, giPres. (Corporate seal affixed » THE AETNA CASUALTY AND SURETY COMPANY Surety Hartford, Connecticut Surety s/ Mary Ann Moysenburg Attomey-in-Fact, Mary Ann Meysenburg s/ Mary Ann Meysenburg Mary Ann Moysenburg, Nebraska Resident Agent (SEAL) D. C. Schaffer, Mayor ATTEST: O. D. French City Clerk (SEAL) The Mayor and City Council of the City of O'Neill in the county of Holt in the State of Nebraska met at the City Council Room on the 1st day of September, 1959, at 8:00 o’clock p.m. in Regular session, the following being pre sent: Mayor D. C. Schaffer. City Clerk, O. D. French, Councilmcn McIntosh, Keynokison. Hiatt, Jan ousek, Moore, Heermann, Glee son. The following were absent: A VV. Carroll. A quorum lieing present, the following proceedings were had and done: Councilman Mclitosh offered the following resolution and mov ed its adoption: BE IT* RESOLVED BY THE MAYOR AND COUNCIL OF Till CITY OF O'NEILL, NEBRASKA 1 the Mayor and Council have determined that the bids for the const ruction of paving and such other work that may lie inciden tal thereto were submitted on Au gust 4, 1959 and all such bids were below the engineer's estimate and that the Missouri Valley Con struction Company of Grand Is land ehraska, submitted the low est Did in each of the several Pav ing Districts as shown by the fol lowing : )th Northwest Arnold in Engineering Swanson ic. Co. Co., Inc. 549,342.08 $55,518.34 $52,170.30 13,108.33 15,084.20 14,052.10 36,389.36 42,595.64 40,140.05 5,731.96 6,364.83 6,258.15