HomeMy WebLinkAboutPW CNT 89-11 Jim Fischer, Inc CONSTRUCTION CONTRACT
THIS AGREEMENT, made on the 7th day of July, 1989, by and
between the CITY OF OSHKOSH, party of the first part, hereinafter
referred to as the CITY, and JIM FISCHER, INC. of 407 N. Casaloma
Dr. , Appleton, WI 54915 , 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. 89-11
for sidewalk rehabilitation program , pursuant to Resolution 182
adopted by the Common Council of the City of Oshkosh on 6th day of
July, 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 $86, 547 . 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
JIM FISCHER, INC.
.���� .�' ��,.� Bye-- �L.,�/ -�=� • _(�c-�_
(Seal of Contractor (Specify Title)
if a Corporation. ) /� .
By:' c2-i -, 7"" �>` f?,.>'6
'_ _r/_P, ,:.Y. :'C 1 I iA`,,_ifc.("
(Specify Title)
,.- . CITY/OF OSHKOS
1 Ij
1 t6\,.( La_ - • ( $ William D. Frueh, City Manager
(Witness
a 4 E ) And: i� 6, L/2_60-4,d1
(Witness) onna C. Serwas, City Clerk
APP•OVED: I hereby certify that the necessary pro-
visions have been made to pay the lia-
viii bility which will accrue under this con-
_C! [mot '? a tract.
City Att'►rney
City Comptroller
3
/5% of 4 copies
THE AMERICAN INSTITUTE OF ARCHITECTS
91114
•
AlA 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):
JIM FISCHER, INC. UNITED STATES FIDELITY AND GUARANTY COMPANY
407 N. CASALOMA DRIVE 2525 N. MAYFAIR ROAD
APPLETON, WISCONSIN 54915 P.O. BOX 26009
OWNER (Name and Address): MILWAUKEE, WISCONSIN 53226-0009
CITY OF OSHKOSH
215 Church St.
OSHKOSH, WISCONSIN 54902-1130
CONSTRUCTION CONTRACT
Date: JULY 7, 1989
Amount: EIGHTY SIX THOUSAND FIVE HUNDRED FORTY SEVEN AND NO/100 DOLLARS ($86,547.00)
Description (Name and Location): PUBLIC WORKS CONTRACT NO: 89-11, CITY OF OSHKOSH, WISCONSIN
BOND
Date (Not earlier than Construction Contract Date): JULY 10, 1989
Amount: EIGHTY SIX THOUSAND FIVE HUNDRED FORTY SEVEN AND NO/100 DOLLARS ($86,547.00)
Modifications to this Bond: ® None ❑ See Page 3
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
JIM FISCHER, ,i, UN D STATES FIDELITY & GUARANTY COMPANY
Signature: "', -
Signature: /1-"c" --C--- �.
Name and Tit 3,, T : 6,- Name and Title: Vione L. Shane, Attorney-in-fact
(Any additional signatures appear on page 3)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
INSURANCE SERVICES,. INC. other party):
P.O. BOX 877
APPLETON, WISCONSIN 54912-0877
414-739-7711
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
under this Bond, except to participate in conferences as 5 If the Surety does not proceed as provided in Paragraph
provided in Subparagraph 3.1. 4 with reasonable promptness, the Surety shall be deemed
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 I3ond shall arise after: demanding that the Surety perform its obligations under
3.1 The Owner has notified the Contractor and the this Bond, and the Owner shall be entitled to enforce any
Surety.1 T e its address described notified
in Contractor
10 below remedy available to the Owner. If the Surety proceeds as
that the Owner is considering declaring a Contractor provided in Subparagraph 4.4, and the Owner refuses the
Default and has requested and attempted to arrange a whole payment in part,without or the Sher notice has the denied Owner in
conference with the Contractor and the Surety to be whol or in part,without further notice the Owner shall.be
held not later than fifteen days after receipt of such entitled to enforce any remedy available to the Owner.
notice to discuss methods of performing the Construc- 6 After the Owner has terminated the Contractor's right
lion 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
3.2 The Owner has d a Contractor Default a Owner to the Surety shall not be greater than those of the
formally terminated the Contractor's declared re Cont Contractor
to Default and
td Owner under the Construction Contract.To the limit of the
the contract. Such the r Default right t not be complete amount of this Bond, but subject to commitment by the
Glaredna crier than twenty actor Default Call not be Owner of the Balance of the Contract Price to mitigation of
Sure-
the Surety have received notice as provided in Sub- ty is and damages o the Construction Contract,the Sure
paragraph 3.1; and ty is obligated without duplication for:
3.3 The Owner has agreed to pay the Balance of the 6.1 The responsibilities of the Contractor for correc-
Contract Price to the Surety in accordance with the Lion defective work and completion of the Construc-
tract;
terms of the Construction Contract or to a contractor lion Conntratract;
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-
4 When the Owner has satisfied the conditions of Para- sulting from the actions or failure to act of the Surety
graph 3, the Surety shall promptly and at the Surety's ex- under Paragraph 4; and
pense take one of the following actions: 6.3 Liquidated damages, or if no liquidated damages
4.1 Arrange for the Contractor, with consent of the are specified in the Construction Contract,actual darn-
Owner, to perform and complete the Construction ages caused by delayed performance or non-perfor-
Contract; or mance of the Contractor.
4.2 Undertake to perform and complete the Construc- 7 The Surety shall not be liable to the Owner or others for
4.2 Contract Unde Undertake
itself,eperform and complete t through fade- obligations of the Contractor that are unrelated to the Con-
pendent contractors; or struction Contract, and the Balance of the Contract Price
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 includ
pared for execution by the Owner and the contractor urety Y char r .t;'
selected with the Owner's concurrence, to be secured ins changes of time, to the Construction Contract or to
with performance and payment bonds executed by a related subcontracts, purchase orders and other obliga-
qualified surety equivalent to the bonds issued on the lions.
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 he 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 Surely 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-
MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA
TIME 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
re-
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 Contractor and proper r the Construction made to or on
Con-
nature page.
behalf of the Contractor under the Construction Con-
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
Con-
1212.1 Balance of the Contract Price: The total amount neither been remedied nor waived, to pay the Con-
.1 Balance la the Owner Contract
the Contractor under the tractor as required by the Construction Contract or to
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: NONE
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CON1 RACIOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
•
Signature: N/A Signature: N/A
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. •AIA
11IF.AMERICAN INStIIU►E OF ARCIIITECTS, 1735 NEW YORK AVE.,N.W.,WASHINGTON. D.C. 20006 A312-1984 3
IIIIRD PRINTING • MARCH 1987
/51- of 4 copies
THE AMERICAN INSTITUTE OF ARCHITECTS
N11/4
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):
JIM FISCHER, INC. UNITED STATES FIDELITY AND GUARANTY COMPANY
407 N. CASALOMA DRIVE 2525 N. MAYFAIR ROAD
APPLETON, WISCONSIN 54915 P.O. BOX 26009
MILWAUKEE, WISCONSIN 53226-0009
OWNER (Name and Address):
CITY OF OSHKOSH
215 Church St.
OSHKOSH, WISCONSIN 54902-1130
CONSTRUCTION CONTRACT
Date: JULY 7, 1989
Amount: EIGHTY SIX THOUSAND FIVE HUNDRED FORTY SEVEN AND NO/100 DOLLARS ($86,547.00)
Description (Name and Location): PUBLIC WORKS CONTRACT NO: 89-11, CITY OF OSHKOSH, WISCONSIN
BOND
Date (Not earlier than Construction Contract Date): JULY 10, 1989
Amount: EIGHTY SIX THOUSAND FIVE HUNDRED FORTY SEVEN AND NO/100 DOLLARS ($86,547.00)
Modifications to this Bond: ® None ❑ See Page 6
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company: (Corporate Seal)
JIM FISCHE INC. UNITEI STATES FIDELITY & GUARANTY COMPANY
Signature - tr G 4 Signature:... / • `-f'�-
Name and Isle: >r^ ' } *'` 'i, -' Name and Title: Vione L. Shane, Attorney-in-fact
,eS e y
(Any additional signatures appear on page 6)
(FOR INFORMATION ONLY—Name, Address and Telephone)
AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or
INSURANCE SERVICES, INC. other party):
P.O. BOX 877
APPLETON, WISCONSIN 54912-0877
414-739-7711
MA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND •DECEMBER 1984 ED. •MA
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
hind 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 1
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 I lave 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
MA DOCUMENT A312• PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED.•MA/
IHE AMERICAN INSr11Urr Or ARCIII1ECT5.1735 NEW YORK AVE.,N.W,WASHINGTON,D.C.20006 A312-1984 5
THIRD PRINTING • MARCH 1987
Bond shall he 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
Contractor and the Contractor's subcontractors, and
14 Upon request by any person or entity appearing to he a
all other items for which a mechanic's lien may be
potential beneficiary of this Bond, the Contractor shall asserted in the jurisdiction where the labor, materials
promptly furnish a copy of this Bond or shall permit a copy or equipment were furnished.
to be made.
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 he 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: NONE
•
•
(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: N/A Signature: NIA
Name and Title: Name and Title:
Address: Address:
AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND•DECEMBER 1984 ED. •AIA uU
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.,WASHINGTON, D.C. 20006 A312-1984 6
THIRD PRINTING •MARCH 1987
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No. 101681
Know all Men by these Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
John M. Lundquist, Timothy R. Nickels, Mary M. VandenBurgt, Dennis W. Gillespie,
Richard J. DeVries, Vione L. Shane and Esther M. Endres
of the City of Appleton , State of Wisconsin
its true and lawful attorney S Xxxaddxcaliecaczazxxxist
for the following purposes,to wit:
To sign its name as surety to, and to execute,seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and confirms all and whatsoever xbtx90!>c k
anyone of the said John M. Lundquist and the said Timothy R. Nickels and the said
Mary M. VandenBurgt and the said Dennis W. Gillespie and the said Richard J.
DeVries and the said Vione L. Shane and the said Esther M. Endres
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate seal, duly attested by the signatures of its Vice-President and Assistant Secretary, this 16th day of
June ,A.D. 19 89
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(Signed) By John A. Andryszak
Vice-President.
(SEAL)
(Signed) Frank C. Hollenbeck
Assistant Secretary.
STATE OF MARYLAND.
BALTIMORE CITY, ss:
On this 16th day of June ,A. D. 1989 , before me personally came
John A. Andryszak , Vice-President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Frank C. Hollenbeck ,Assistant Secretary of said Company,with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said John A. Andryszak
and Frank C. Hollenbeck were respectively the Vice-President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President
and Assistant Secretary,respectively,of the Company.
My commission expires the first day in July,A.D.19 90
(SEAL) (Signed) Margaret M. Hurst
Notary Public.
FS 3 (1-871
Certificate of Insurance
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON YOU THE CERTIFICATE HOLDER.THIS CERTIFICATE IS NOT AN INSURANCE
POLICY AND DOES NOT AMEND,EXTEND,OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
This is to Certify that LIBERTY ' is
MUTUAL
Jim Fischer, Inc. Name and
407 Casaloma Drive address of
Appleton, WI 54915 Insured.
is,at the issue date of this certificate,insured by the Company under the policy)ies)listed below.The insurance afforded by the listed policy(ies)is subject to all their
terms,exclusions and conditions and is not altered by any requirement,term or condition of any contract or other document with respect to which this certificate may
be issued.
TYPE CERT. EXP. DATE*
OF ❑CONTINUOUS POLICY LIMIT
POLICY ❑EXTENDED NUMBER OF LIABILITY
M POLICY TERM
COVERAGE AFFORDED UNDER W.C. EMPLOYER'S LIABILITY
1-23-91 WC2-141-095053-010 LAW OF THE FOLLOWING STATES: Bodily Injury By Accident
WORKERS' WI $100,000 Ea.Acc.
Bodily Injury By Disease
COMPENSATION $100'OOQ Pol.Limit
Bodily Injury By Disease
$500,000 Ea.Person
General Aggregate-Other than Products/Completed Operations
1-23-91 YY1-141-095053-020 $2,000,000
Products/Completed Operations Aggregate
$1,000,000
W Bodily Injury and Property Damage Liability
Z
W
(Di- $1,000,000 per occurrence
—I El CLAIMS MADE Personal and Advertising Injury
Q m per person/
O¢ RETRO DATE $1,000,000 organization
CC
W"j
2 Other
2
O 1 OCCURRENCE
SPECIAL/EXCL.
ENDORSEMENTS
N OWNED 1-23-91 AS 1-141-095053-030 $1,000,000 EACH ACCIDENT-SINGLE LIMIT-B.I.AND P.D.COMBINED
O�
co gsJ NON-OWNED EACH PERSON
Q Q EACH ACCIDENT EACH ACCIDENT
®HIRED OR OCCURRENCE $ OR OCCURRENCE
Umbrella 1-23-91 TH1-141-095053-040 Exceeds $1,000,000 Each Occurrence
cc
Excess $1,000,000 General Aggregate
I
o Liability $1,000,000 Products/Co-Op Aggregate
LOCATION(S)OF OPERATIONS&JOB#(If Applicable) DESCRIPTI (ERATIONS:� �
RE: Project 89-11 D ° t LS 11 w i
d
Jii
*If the certificate expiration date is continuous or extended term, you will be notified if coverage is termi •ted • reduced before the c- Woe, e,Ltpirntion date. However,
you will not be notified annually of the continuation of coverage.
NOTICE OF CANCELLATION: THE COMPANY WILL NOT TERMINATE OR RED ITY CLEF t>' z- Liberty Mutual
Insurance Group
THE INSURANCE AFFORDED UNDER THE ABOVE POLICIES UNLESS 60 DAYS
NOTICE OF SUCH TERMINATION OR REDUCTION HAS BEEN MAILED TO:
City of Oshkosh
P. 0. Box 1130
CERTIFICATE Oshkosh, WI 54902 • !w .1 . TH
HOLDER —i j,
AUT &RIZED REPRESENTATI
1/23.1 EN BAY
L
DATE ISSUED OFFICE
This certificate is executed by LIBERTY MUTUAL INSURANCE GROUP as respects such insurance as is afforded by Those Companies BS772 R/3
( L C -k
CHANGE ORDER NO. 1
TO: JIM FISCHER, INC. DATED: December 11 , 1989
407 N. Casaloma Drive
Appleton, WI 54915
Your present contract with the City of Oshkosh, Contract No. 89-11
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. )
ADD - TO CORRECT QUANTITIES FROM "ESTIMATED" TO "FINAL MEASUREMENTS" .
SIDEWALK REHABILITATION PROGRAM
Total Increase to Contract $33,453.59
Total Decrease to Contract $14,932.48
NET INCREASE TO CONTRACT $18,521 . 11
Rec ende ; CITY *F OSHKOSH
d By
Director , .ublic Works ,
City Manager
; /1;yew,% ( , L
City Clerk
Approved and a9;:e—ted:
Co tra to
I certify that provision has been made to pay the liability that
will accrue to the City of Oshkosh, Wisconsin, under the within
Change Order.
CL:/\ . C
Comptroller
Apprived as to fo :
City Attorney
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