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HomeMy WebLinkAboutKnaus Construction CHANGE ORDr'1 NO. 1 TO: KNAUS CONSTRUCTION, INC. DATED: October 16, 1989 1691 E. Mason Street Green Bay, WI 54302 Your present contract with the City of Oshkosh, Contract No. 89-15 9 is hereby amended and changed as follows: ( insert here work and/or materials to be added or eliminated and the unit and/or lump sum price to be added to or deducted from the contract. ) TO CORRECT QUANTITIES FROM "ESTIMATED" TO "FINAL MEASUREMENTS" : SANITARY SEWER, SECTION I - Total Increase to Section $11 ,512.32 Total Decrease to Section $ 1 ,015.45 NET INCREASE TO SECTION I $10,496.87 WATER MAIN, SECTION II - Total Increase to Section $ 4,635.73 Total Decrease to Section $ 4,042.80 NET INCREASE TO SECTION II $ 592.93 STORM SEWER, SECTION III - Total Increase to Section $ 5,032.81 Total Decrease to Section $ 1 ,942.00 NET INCREASE TO SECTION III $ 3,090.81 TOTAL INCREASE TO CONTRACT $14, 180.61 Recommended; OF OSIIGC2SH �z i , By: it/Z Director of Public Works City Manager ;"7 .Th 1/1) 144) City Clerk Approved and accepted; Kn C C-ont_actcr `• . re. .s. 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A CO (n - I Ni z C) I I I I I I 1 O O Ni I V I A I I I I I CO N A rn OD CO w CO I w I CO I I I I OD D D O O Ni CO C) Cn CO C)Cn Cl OD CO CO t CO 1 O • (.11 -I rn t0 Cn O V D.--. 3 Z O C --1 CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 2nd day of June, 1989, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as the CITY, and KNAUS CONSTRUCTION, INC. of 1691 E. Mason St. , Green Bay, WI 54302 , party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the City and the Contractor, for the consid- eration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 89-15 for sanitary sewer, storm sewer and water main for Public Works Department , pursuant to Resolution 116 adopted by the Common Council of the City of Oshkosh on 1st day of June, 1989, all in accordance and in strict compliance with the Contractor's proposal and the other contract documents referred to in ARTICLE V of this contract. ARTICLE II. TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the General Conditions and/or Contractor's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The City shall pay to the Contractor for the performance of the con- tract the sum of $390, 444.00 , adjusted by any changes as provided in the General Conditions, or any changes hereafter mutually agreed upon 1 in writing by the parties hereto, provided, however, in the event the proposal and contract documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the City shall, in such cases, pay to the Contractor for the performance of the contract the amounts determined for the total number of each of the units of work as set forth in the Contractor's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the contract. (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress payments are required, they shall be made according to the provisions set forth in the General Conditions. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The Contractor covenants and agrees to protect and hold the City of Oshkosh harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by the negligent digging up of streets, alleys or public grounds or which may result from the faulty, carelessness or neglect of said Contractor, his agents, employees or workmen in the performance of said work or caused by the violation of any City ordinance, and shall refund to the City all sums which it may be obliged or adjudged to pay on any such claims or demands within a reasonable time after demand thereof. ARTICLE V. COMPONENT PARTS OF THE CONTRACT This contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: 1. General Conditions 2 . Advertisement for Bids 3 . Instructions to Bidders 4 . Specifications, including any addenda 5. Plans 6. Contractor's Proposal 7 . This Instrument In the event that any provision in any of the above component parts of this contract conflicts with any provision in any other of the component parts, the provision in the component part first enumer- ated above shall govern over any other component part which follows it numerically except as may be otherwise specifically stated. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "Con- tractor" wherever used in this contract means the party of the second part and its/his/their legal representatives, successors and assigns. IN WITNESS WHEREOF, the City of Oshkosh, Wisconsin, has caused 2 this contract to be sealed with its corporate seal and to be sub- scribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and seal the day and year first above written. In the Presence of: CONTRACTOR KNAUS CO UCTION, INC. By: j ti„ eVr�(p.,dex.A- (Seal of Contractor Agrecify Title) if a Corporation. ) i By: ' ir. ,. I - Se re-4-a r,.11__e MUG u ref (Specify Title) r CITY OF OSIIK M-Q ( , illiam D. Frueh, City Manager (Wit ss) Oak? a '. And: /q �/ ��'. � ( (Witness) Donna C. Serwa , City Clerk APPROVED: I I hereby certify that the nec-ssary pro- , � visions have been made to pay the lia- bility which will accrue under this con- 1 At Ll0ii.� SIV tract. Ci y Att.'-' ey "`7 rrA 4 ,i) City Comptroller 3 THE AMERICAN INSTITUTE OF ARCHITECTS Oftni AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): KNAUS CONSTRUCTION, INC. FIDELITY AND DEPOSIT COMPANY OF MARYLAND 1691 E. Mason St. Baltimore, Maryland Green Bay, WI 54302 OWNER (Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54902-1130 CONSTRUCTION CONTRACT Date: June 2nd, 1989 Amount: $390,444.00 Description (Name and Location): Public Works Contract No. 89-15, Oshkosh, WI BOND Date (Not earlier than Construction Contract Date): June 6th, 1989 Amount: $390,444.00 Modifications to this Bond: ® None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) 1a7AUS nature: Si �'�"' g CONSTRUCT ON, INC. FIDELITY AND D IT ��'ANY OF MARYLAND �. _� Si :� � Signature: �� '' g Name and Title: c \ L. Name and Title: Atto y. •y-In-Fact ex* (Any additional signatures appear on page 3) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): MA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 1 THIRD PRINTING•MARCH 1987 Contract 372(12-87) 1 The Contractor and the Surety, jointly and severally, which it may be liable to the Owner and, as bind themselves, their heirs, executors, administrators, soon as practicable after the amount is deter- successors and assigns to the Owner for the performance mined, tender payment therefor to the of the Construction Contract,which is incorporated herein Owner; or by reference. .2 Deny liability in whole or in part and notify the 2 If the Contractor performs the Construction Contract, Owner citing reasons therefor. the Surety and the Contractor shall have no obligation 5 If the Surety does not proceed as provided in Paragraph under this Bond, except to participate in conferences as 4with reasonable promptness,the Surety shall be deemed provided in Subparagraph 3.1. to be in default on this Bond fifteen days after receipt of an 3 If there is no Owner Default, the Surety's obligation additional written notice from the Owner to the Surety under this Bond shall arise after: demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any 3.1 The Owner has notified the Contractor and the remedy available to the Owner. If the Surety proceeds as Surety at its address described in Paragraph 10 below provided in Subparagraph 4.4, and the Owner refuses the that the Owner is considering declaring a Contractor payment tendered or the Surety has denied liability, in Default and has requested and attempted to arrange a whole or in part,without further notice the Owner shall be conference with the Contractor and the Surety to be entitled to enforce any remedy available to the Owner. held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right tion Contract. If the Owner, the Contractor and the to complete the Construction Contract, and if the Surety Surety agree,the Contractor shall be allowed a reason- elects to act under Subparagraph 4.1, 4.2, or 4.3 above, able time to perform the Construction Contract, but then the responsibilities of the Surety to the Owner shall such an agreement shall not waive the Owner's right, if not be greater than those of the Contractor under the any, subsequently to declare a Contractor Default; and Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the 3.2 The Owner has declared a Contractor Default and Owner under the Construction Contract.To the limit of the formally terminated the Contractor's right to complete amount of this Bond, but subject to commitment by the the contract. Such Contractor Default shall not be de- Owner of the Balance of the Contract Price to mitigation of Glared earlier than twenty days after the Contractor and costs and damages on the Construction Contract,the Sure- the Surety have received notice as provided in Sub- ty is obligated without duplication for: paragraph 3.1; and 6.1 The responsibilities of the Contractor for correc- 3.3 The Owner has agreed to pay the Balance of the tion of defective work and completion of the Construc- Contract Price to the Surety in accordance with the tion Contract; terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor- 6.2 Additional legal, design professional and delay dance with the terms of the contract with the Owner. costs resulting from the Contractor's Default, and re- sulting from the actions or failure to act of the Surety 4 When the Owner has satisfied the conditions of Para- under Paragraph 4; and graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract,actual dam- 4.1 Arrange for the Contractor, with consent of the ages caused by delayed performance or non-perfor- Owner, to perform and complete the Construction mance of the Contractor. Contract; or 7 The Surety shall not be liable to the Owner or others for 4.2 Undertake to perform and complete the Construc- obligations of the Contractor that are unrelated to the Con- tion Contract itself,through its agents or through inde- struction Contract, and the Balance of the Contract Price pendent contractors; or shall not be reduced or set off on account of any such 4.3 Obtain bids or negotiated proposals from unrelated obligations. No right of action shall accrue on qualified contractors acceptable to the Owner for a this Bond to any person or entity other than the Owner or contract for performance and completion of the Con- its heirs, executors, administrators or successors. struction Contract, arrange for a contract to be pre- 8 The Surety hereby waives notice of any change,includ- pared for execution by the Owner and the contractor ing changes of time, to the Construction Contract or to selected with the Owner's concurrence, to be secured related subcontracts, purchase orders and other obliga- with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the tions. Construction Contract, and pay to the Owner the 9 Any proceeding, legal or equitable, under this Bond amount of damages as described in Paragraph 6 in ex- may be instituted in any court of competent jurisdiction in cess of the Balance of the Contract Price incurred by the the location in which the work or part of the work is located Owner resulting from the Contractor's default; or and shall be instituted within two years after Contractor 4.4 Waive its right to perform and complete, arrange Default or within two years after the Contractor ceased for completion, or obtain a new contractor and with working or within two years after the Surety refuses or fails reasonable promptness under the circumstances: to perform its obligations under this Bond,whichever oc- curs first. If the provisions of this Paragraph are void or .1 After investigation, determine the amount for prohibited by law,the minimum period of limitation avail- AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA Op THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 2 THIRD PRINTING•MARCH 1987 able to sureties as a defense in the jurisdiction of the suit tractor of any amounts received or to be received by shall be applicable. the Owner in settlement of insurance or other claims 10 Notice to the Surety,the Owner or the Contractor shall for damages to which the Contractor is entitled, re- be mailed or delivered to the address shown on the sig- behalf by all valid and proper payments made to or on Contractor of the Contracc tor under the Construction Con- nature page. tract. 11 When this Bond has been furnished to comply with a 12.2 Construction Contract:The agreement between statutory or other legal requirement in the location where the Owner and the Contractor identified on the sig- the construction was to be performed,any provision in this nature page, including all Contract Documents and Bond conflicting with said statutory or legal requirement changes thereto. shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall 12.3 Contractor Default: Failure of the Contractor, be deemed incorporated herein. The intent is that this which has neither been remedied nor waived, to per- Bond shall be construed as a statutory bond and not as a form or otherwise to comply with the terms of the common law bond. Construction Contract. 12 DEFINITIONS 12.4 Owner Default: Failure of the Owner,which has neither been remedied nor waived, to pay the Con- 12.1 Balance of the Contract Price: The total amount tractor as required by the Construction Contract or to payable by the Owner to the Contractor under the perform and complete or comply with the other terms Construction Contract after all proper adjustments thereof. have been made, including allowance to the Con- MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 3 THIRD PRINTING•MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS \ H A . 0 AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): SURETY (Name and Principal Place of Business): KNAUS CONSTRUCTION, INC. FIDELITY AND DEPOSIT COMPANY OF MAARYLAND 1691 E. Mason St. Baltimore, Maryland Green Bay, WI 54302 OWNER (Name and Address): City of Oshkosh 215 Church Avenue Oshkosh, WI 54902-1130 CONSTRUCTION CONTRACT Date: June 2nd, 1989 Amount: $390,444.00 Description (Name and Location): Public Works Contract No. 89-15, Oshkosh, WI BOND Date (Not earlier than Construction Contract Date): June 6th, 1989 Amount: $390,444.00 Modifications to this Bond: a None ❑ See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) L ' US CONSTRUC )N, INC. FIDELITY AND 4VOS T CO ANY F MARYLAND Signature: / 7'/f �- -t Signature: Name and Title: 'RC1/4A.A.A Name and Title: Attor -In-Fact (Any additional signatures appear on page 6) (FOR INFORMATION ONLY—Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W.,WASHINGTON,D.C. 20006 A312-1984 4 THIRD PRINTING•MARCH 1987 Contract 373 (12-87) 1 The Contractor and the Surety, jointly and severally, 6 When the Claimant has satisfied the conditions of bind themselves, their heirs, executors, administrators, Paragraph 4, the Surety shall promptly and at the successors and assigns to the Owner to pay for labor, Surety's expense take the following actions: materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorpo- 6.1 Send an answer to the Claimant,with a copy to rated herein by reference. the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis 2 With respect to the Owner, this obligation shall be for challenging any amounts that are disputed. null and void if the Contractor: 6.2 Pay or arrange for payment of any undisputed 2.1 Promptly makes payment,directly or indirectly, amounts. for all sums due Claimants, and 7 The Surety's total obligation shall not exceed the 2.2 Defends, indemnifies and holds harmless the amount of this Bond, and the amount of this Bond shall be Owner from claims, demands, liens or suits by any credited for any payments made in good faith by the Surety. person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fur- 8 Amounts owed by the Owner to the Contractor under nished for use in the performance of the Construction the Construction Contract shall be used for the perfor- Contract, provided the Owner has promptly notified- mance of the Construction Contract and to satisfy claims, the Contractor and the Surety (at the address if any, under any Construction Performance Bond. By described in Paragraph 12) of any claims, demands, the Contractor furnishing and the Owner accepting this liens or suits and tendered defense of such claims, Bond, they agree that all funds earned by the Contractor demands, liens or suits to the Contractor and the in the performance of the Construction Contract are Surety, and provided there is no Owner Default. dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's prior- 3 With respect to Claimants, this obligation shall be ity to use the funds for the completion of the work. null and void if the Contractor promptly makes pay- ment, directly or indirectly, for all sums due. 9 The Surety shall not be liable to the Owner, Claimants 4 The Surety shall have no obligation to Claimants or others for obligations of the Contractor that are unrelat- under this Bond until: ed to the Construction Contract.The Owner shall not be liable for payment of any costs or expenses of any Claim- 4.1 Claimants who are employed by or have a direct ant under this Bond,and shall have under this Bond no obli- contract with the Contractor have given notice to the gations to make payments to,give notices on behalf of,or Surety(at the address described in Paragraph 12)and otherwise have obligations to Claimants under this Bond. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and,with 10 The Surety hereby waives notice of any change, substantial accuracy, the amount of the claim. including changes of time, to the Construction Contract 4.2 Claimants who do not have a direct contract or to related subcontracts, purchase orders and other with the Contractor: obligations. .1 Have furnished written notice to the Con- 11 No suit or action shall be commenced by a Claimant tractor and sent a copy, or notice thereof, to under this Bond other than in a court of competent juris- the Owner, within 90 days after having last diction in the location in which the work or part of the performed labor or last furnished materials or work is located or after the expiration of one year from the equipment included in the claim stating,with date(1)on which the Claimant gave the notice required by substantial accuracy,the amount of the claim Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last and the name of the party to whom the labor or service was performed by anyone or the last mate- materials were furnished or supplied or for rials or equipment were furnished by anyone under the Con- whom the labor was done or performed;and struction Contract,whichever of(1)or(2)first occurs. If the provisions of this Paragraph are void or prohibited by law, .2 Have either received a rejection in whole or the minimum period of limitation available to sureties as a in part from the Contractor, or not received defense in the jurisdiction of the suit shall be applicable. within 30 days of furnishing the above no- tice any communication from the Contractor by which the Contractor has indicated the 12 Notice to the Surety, the Owner or the Contractor claim will be paid directly or indirectly; and shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the .3 Not having been paid within the above 30 Owner or the Contractor, however accomplished, shall days, have sent a written notice to the Surety be sufficient compliance as of the date received at the (at the address described in Paragraph 12)and address shown on the signature page. sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this 13 When this Bond has been furnished to comply with a Bond and enclosing a copy of the previous statutory or other legal requirement in the location where written notice furnished to the Contractor. the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement 5 If a notice required by Paragraph 4 is given by the shall be deemed deleted herefrom and provisions con- Owner to the Contractor or to the Surety, that is suffi- forming to such statutory or other legal requirement shall cient compliance. be deemed incorporated herein. The intent is that this AIA DOCUMENT A312•PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•AIA° THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE.,N.W.,WASHINGTON,D.C.20006 A312-1984 5 THIRD PRINTING•MARCH 1987 Bond shall be construed as a statutory bond and not as a Construction Contract, architectural and engineering common law bond. services required for performance of the work of the 14 Upon request by any person or entity appearing to be a Contractor and the Contractor's subcontractors, and potential beneficiary of this Bond, the Contractor shall all other items for which a mechanic's lien may be promptly furnish a copy of this Bond or shall permit a copy asserted in the jurisdiction where the labor, materials to be made. or equipment were furnished. 15 DEFINITIONS 15.2 Construction Contract:The agreement between the Owner and the Contractor identified on the sig- 15.1 Claimant: An individual or entity having a direct nature page, including all Contract Documents and contract with the Contractor or with a subcontractor of changes thereto. the Contractor to furnish labor, materials or equip- 15.3 Owner Default: Failure of the Owner,which has ment for use in the performance of the Contract. The neither been remedied nor waived, to pay the Con intent of this Bond shall be to include without limita tractor as required by the Construction Contract or to lion in the terms "labor, materials or equipment"that perform and complete or comply with the other terms part of water, gas, power, light, heat, oil, gasoline, thereof. telephone service or rental equipment used in the MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: AIA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND• DECEMBER 1984 ED. •AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 6 THIRD PRINTING•MARCH 1987 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE,BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by R. W. BUDDENBOHN , Vice-President, and M. J. SCHNEBELEN , Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By-Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be • u11 force and act on the date hereof, does hereby nominate, constitute and appoint James A. Temp, Roger G. F+' 's, Mark)._ Boland, J. Hlinak, Timothy J. McKenna, P. L. Schlauch and Jeffrey R �\:•ising-N 1 of Green Bay, Wisconsin, EACH 5. its true and lawfuTagent and Attorney-in-Fact,to make,ex- and der,and on its behalf as surety,and as its act and deed: any and all bonds and undertakings—4c And the execution of such bonds or undertakings `' uance o presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if t been d �` :4 cuted and acknowledged by the regularly elected officers of the Company at its office in Baltimore, Md. + it own . !.`� persons This power of attorney revokes that issued on behalf of James A. C�:.•• ., eta4T`.tad, April 1 , 1987. The said Assistant Secretary does here.4.,. Ify that e12t'ract set forth on the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Co •C:t � 1.,,; * ,`, and is s force. IN WITNESS WHEREOF,the sal. .�. resident • ssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDEL15o, D DEP OMPANY OF MARYLAND, this_ ____19t2_________day of August , A.D. 198 ,✓ °®'°s�* FIDELITY 4 :�IEPOSIT COMPANY OF MAR AND ATTEST: SEAL I �/ 1 1L-L-& I C / D ,r % By .. - fie.*t Secretary Vice-President STATE OF MARYLAND CITY OF BALTIMORE SS' On this 19th day of August , A.D. 19 87, before the subscriber, a Notary Public of the State of Maryland,in and for the City of Baltimore, duly commissioned and qualified, came the above-named Vice-President and Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal, at the City of Baltimore, the day and year first above written. }_____ \.•usug:`+ Notary Public Corn issi n Expires___Ju 1 y 1 ,___1_9 9 0___ CERTIFICATE I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice- Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: "That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company,this 6th day of .h mP 19$9- C -74 -7 184-3544 . Assistant Secretary A404111110. CERTIFICATE OF INSURANCE ISSUE DATE (MM,DD/YY___-.- 06/06/89 PRODUCER I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ALEXANDER & ALEXANDER, INC. COMPANIES AFFORDING COVERAGE 701 CHERRY STREET P. O. BOX 1204 COMPANY CONTINENTAL CASUALTY COMPANY GREEN BAY, WI 54glfDE LETTER A CODE !INSURED LOMPAANY B TRANSPORTATION INS, CO. ■ KNAUS CONSTRUCTION CO, INC. COMPANY 1691 EAST MASON STREET LETTER C GREEN BAY, WI 54302 COMPANY LETTER D COMPANY E LETTER (COVERAGES - -THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED 3Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LTR DATE(MM/DD/YY) DATE(MM/DD/YY) ALL LIMITS IN THOUSANDS i AGENERAL LIABILITY GL202074318 07/01/88 07/01/89 GENERAL AGGREGATE $ 1000 X COMMERCIAL GENERAL LIABILITY LIMITS SHOWN ARE PRODUCTS-COMP/OPS AGGREGATE $ 1 000 X CLAIMS MADE X OCCUR. THOSE IN EFFECT AS PERSONAL&ADVERTISING INJURY $ 1 000 OWNER'S&CONTRACTOR'S PROT. OF POLICY EACH OCCURRENCE $ 1 000 X CONTRACTUL L I AB I NCEPT I ON. FIRE DAMAGE(Any one tire) $ 50 MEDICAL EXPENSE(Any one person) S 5 AAUTOMOBILE LIABILITY BUA602074316 07/01/88 07/01/89COMBINED X ANY AUTO LIMIT S LIMIT 1000 X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EXCESS LIABILITY EACH AGGREGATE OCCURRENCE A X UMB100247508 07/01/88 07/01/89 $ xamoroa $ X) ids( ! OTHER THAN UMBRELLA FORM 3000 3000 STATUTORY H WORKER'S COMPENSATION WC401420349 07/01/88 07/01/89 $ 100 (EACH ACCIDENT) AND I EMPLOYERS'LIABILITY 500 (DISEASE—POLICY LIMIT) S 1 00 (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/RESTRICTIONS/SPECIAL ITEMS CONTRACT #89-15 I [-CERTIFICATE HOLDER CANCELLATION -� 000032 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF OSHKOSH MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE 215 CHURCH AVENUE LEFT, BUT F• RE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OSHKOSH, WI 54902-1130 LIABILITY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. ' --- -. AUTHORI�.7:RESENTATIVE - I I '04/1 it: /IP Zi4;1041.4104040, 1 AC01,0 25-SS(3/88} ©ACORD CORPORATION 1988 4691771 - -__-- --.__ __.-- DATE A1:11ia ISSUE (MM/DD/YY) D® CERTIFICATE OF INSURANCE DATE 89 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ALEXANDER & ALEXANDER, INC. COMPANIES AFFORDING COVERAGE 701 CHERRY STREET P. O. BOX 1204 COMPANY A CONTINENTAL CASUALTY COMPANY LETTER ccaREEN BAY, WI S4204iDE COMPANY TRANSPORTATIO INS, CO. LETTER B INSURED / J w ~'- ,.,, - KNAUS CONSTRUCTION CO, INC. COMPANY G. / ' 1691 EAST MASON STREET " GREEN BAY, W I 54302 COMPANY �;I,'.` LETTER D ,11 iv 1 5 <<':.'y COMPANY A- LETTER E C/^}..t; '' COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE popcy PE INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH R SPECT TOINHICHTIHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALtT IETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION, ALL LIMITS IN THOUSANDS LTR TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) AGENERAL LIABILITY GL202074318 07/01/89 07/01/90 GENERAL AGGREGATE $ 1000 X COMMERCIAL GENERAL LIABILITY LIMITS SHOWN ARE PRODUCTS-COMP/OPS AGGREGATE $ 1000 X .CLAIMS MADE x OCCUR.,THOSE IN EFFECT AS PERSONAL&ADVERTISING INJURY $ 1000 OWNER'S&CONTRACTOR'S PROT. OF POLICY EACH OCCURRENCE $ 1000 X CONTRACTUL LIABINCEPTION. FIRE DAMAGE(Any one fire) $ 50 MEDICAL EXPENSE(Any one person) $ 5. AAUTOMOBILE LIABILITY BUA602074316 07/01/89 07/01/90 S NGBLE ED $ ANY AUTO LIMIT 1000 x X ALL OWNED AUTOS BODILY INJURY $ X SCHEDULED AUTOS (Per Person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) GARAGE LIABILITY PROPERTY DAMAGE $ EACH AGGREGATE EXCESS LIABILITY OCCURRENCE A X UMB100247508 07/01/89 07/01/90 1 $ 2000 $ 2000 OTHER THAN UMBRELLA FORM 1 .......... ......._......,_...._......_...,,_......_...-,.,.,,.P STATUTORY WORKER'S COMPENSATION ACCIDENT) B ANO WC401420349 07/01/89 07/01/90 $ 100 $ 500 (DISEASE—POLICY LIMIT) EMPLOYERS'LIABILITY $ 100 (DISEASE—EACH EMPLOYEE) OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEH7LES/RESTRICTIONS/SPECIAL ITEMS Cil 04. * Sq-15 n: 1 .;?.., . i ii, /6/? ‘/ zi il,„2a,,,,-t,,,,,,c,. , \........_ 6wv t Y CERTIFICATE HOLDER CANCELLATION' 000009 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO CITY OF OSHKOSH MAIL-12LDAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE P. 0. BOX 1130 LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR OSHKOSH, W I 54902-1130 LIABILITY OF ANY KI N THE COMPANY, ITS AGEl14T R REPRESENTATIVES. AUTHORIZED REPR€SE ACORD 25-S(3/88) ®ACORD CORPORATION 1988 t.